My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch why Kelsen (...) actually differentiates Is and Ought and conceives of a relation between both categories. Then I will examine if and in what way the conditio tacita of social peace is implied in the conditions for legal validity. The concluding section will suggest what this implication possibly means for the valuation of the Pure Theory of Law and of its normative concept of the positive legal order. (shrink)

This paper offers a two dimensional variation of Standard Deontic Logic SDL, which we call 2SDL. Using 2SDL we can show that we can overcome many of the difficulties that SDL has in representing linguistic sets of Contrary-to-Duties (known as paradoxes) including the Chisholm, Ross, Good Samaritan and Forrester paradoxes. We note that many dimensional logics have been around since 1947, and so 2SDL could have been presented already in the 1970s. Better late than never! As a detailed case study (...) illustrating the power of 2SDL, we examine the system DL of Deontic Logic of Andrew Jones and Ingmar Pörn offered in 1985 to solve the Chisholm paradox of Contrary to Duties. The critical examination is done using logics and methods available in 1985 and solutions are proposed using what was available in 1985. (shrink)

El artículo trata de la manera en que Agustín presenta a sus "auctoritates" en la discusión con Juliano de Eclana y cómo las usa en su polémica. Sin detenerse en los contenidos de los textos citados ni en los asuntos teológicos en cuestión en el debate entre Juliano y Agustín, presenta las quejas y críticas de Juliano. Después se ofrece un esbozo de cómo Agustín presenta a cada uno de sus doctores. Finalmente, examina cómo son usados estos Padres en la (...) defensa que hace Agustín. (shrink)

Religious and secular convictions have powerful effects, but their fundaments are often surprisingly fragile. Because of the conspicuous role that nationalisms, populisms, and fundamentalisms have in our globalizing world it is essential not to take their strength for granted, but to acknowledge that conviction and doubt are part of the same dynamic. The chapters in this volume demonstrate that doubt and hesitation are daily concerns even among the Maoist movement in India, right-wing populists in Europe and newly pious Somali Muslims (...) in London. In fact, new converts are often such stringent believers precisely because they need to dispel their own lingering doubts, while revolutionary movements survive only through the denial of ambiguity. By studying everyday doubt this volume unravels the mechanisms by which convictions gain and lose their force, and analyzes the dynamics that propel loosely held ideas into committed action. Whereas a focus on overcoming doubt highlights the exclusionary effects of committed action, attention to the breakdown of belief serves to better understand the cycles of hope, conviction, and disillusion that bespeak the human condition. This is the central theme in several chapters looking at ideological break-down. The collapse of communism, for instance, produced an epistemological crisis in which all knowledge became unstable, prompting gold-miners in Mongolia to go as far as to doubt the cosmos. The post-ideological environment of Western democracies also produces anxieties, as the break-down of the bonds of trust between governments and citizens results in feelings of betrayal. Questions of truth and action are always related: if nothing is worth fighting for then apathy and hopelessness may become symptomatic. By paying attention to the mechanisms and dynamics by which specific ideas gain and lose their credibility this volume sheds important new light on the role of ideas in social and political action. (shrink)

A comparative study of the literature on party changes shows that there are many different views on why and how parties change. The existing literature is rather theoretical. Most authors have based their model on a survey of a limited number of parties. The only general conclusion one can draw is that both external and internal factors can provoke party changes. In this contribution, we concentrate on the role of the internal factors. We find that change is less likely to (...) happen when the party is divided in several factions. Furthermore the party organisation influences the changes. In highly institutionalised parties changes wil be more difficult than in less organised parties. Finally the role of the party president cannot be neglected. He has to analyse and interpret the external challenges. Only if he thinks that a change is necessary, the party is likely to change. In brief, party change is a dynamic process that is led by the party elite. (shrink)

This paper is a semantic analysis of ‘experienced action’ constructions in Umpithamu, a Paman language from Cape York Peninsula (Australia). The basic argument is that these constructions are related to the better-attested category of experiencer object constructions (e.g. Evans, Non-nominative subjects 1: 69–192, 2004), which in Umpithamu describe involuntary experience of bodily processes. Experienced action constructions extend the feature of ‘involuntary experience’ from processes within the body to actions originating outside the body, and thus provide a semantically marked alternative for (...) standard transitive clauses. The constructions are typologically interesting because they show the need to identify different loci of experiential semantics in a construction, and they help to clarify the status of control for human Undergoers within semantic typologies of reduced transitivity. (shrink)

This article studies the material production and consumption of the national community in 19th-century America. More particularly, it concentrates on the intersection between particular technologies of transportation, representation and dissemination in the spatial and imaginary formation of the American nation in the 1860s. Through an analysis of the contradictory mechanism of placement and displacement, identity and difference at the heart of a particular state-sanctioned field of national production the construction of America's first transcontinental railroad in 19th-century California the essay highlights (...) what tends to remain hidden in narrowly defined `cultural' (textual) approaches to nationhood: its involvement in racial, gendered and class-related divisions between private and public space, home and travel, labour and capital, technology and nature. (shrink)

Schopenhauer and Adorno on Bodily Suffering explores how the works of both philosophers revolve around an entwinement of pessimism and optimism, which links statements regarding the wrongness of the world to analyses of the human capability to experience compassion with bodily suffering and to the redeeming qualities of the arts.

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El artículo responde al intento de sistematización del pensamiento agustiniano sobre la predestinación, hecho por G. Kraus, señalando sus aciertos y sus errores. Por otra parte, demuestra que el tema de la predestinación no ocupa un lugar relevante en la obra antipelagiana, subrayando la importancia y los matices que añade el hecho de que los destinatarios de las obras sobre la predestinación sean monjes.

In this volume a first collection of contributions to this project, from a diversity of angles and research subjects, is presented.

Hans Kelsen is renowned in the world of legal philosophy as one of the most important legal scholars of the 20th century and his most important work which brought him this renown, Pure Theory of Law, is therefore ‘world famous’. However, he is less well known as a legal pacifist and his main writings on law and peace, such as Peace through Law, are very rarely studied and almost never considered in relation to his Pure Theory of Law. Even the (...) more recent studies of Kelsen’s theory of democracy, which increased familiarity with Kelsen as an advocate of democracy and actually looked at his political work in the light of the Pure Theory of Law, contain almost no systematic or critical consideration of the value of peace, although both Kelsen’s legal theory and his theory of democracy at least give cause for this. Whereas other studies have already made the connection between the concepts of law and democracy in Kelsen’s work, this thesis concentrates on the concepts – also closely connected in his work – of law and peace. With this new approach this thesis hopes to contribute to a re-evaluation of Kelsen’s positivist legal philosophy by showing that the undervalued yet essential aspect of his legal pacifism can be understood as the tacit, ethical meaning of the Pure Theory of Law. (shrink)

Adorno's moral philosophy is famously problematic. One of the main reasons for this is that it revolves around the moral addendum: a physical impulse of solidarity with suffering beings that, he argues, cannot and should not be rationalized. I show that, since this moral addendum remains vague and since Adorno's radical negativity forces him to dismiss as uncritical all other approaches to morality, he deliberately places his thought in danger of relapsing into irrationality. Most commentators therefore disagree about the manner (...) in which Adorno's references to the moral addendum can be translated into a moral theory. In this paper, I bring in some often overlooked material to form a more complete overview of the issues at hand and to adjudicate this contested area. I do this by briefly discussing Schopenhauer's moral observations on Mitleid and by focusing on Adorno's references to animal cruelty and corporeality. Although this interpretation stays close to Adorno's observations on the moral addendum, it forces us to accept that his moral philosophy is rather weak. I conclude, however, that this weakness reflects a disturbing aspect of reality and in that sense has critical value. (shrink)

This article paradoxically tries to come closer to an idea of justice with the help of the destructive — anything but nihilistic — criticism thereof by Hans Kelsen. It argues that his relativistic approach, in which this idea undergoes a metamorphosis to become a realisable value of a social order, brings us closer to an obvious and objective form of justice that is almost taken for granted. Just in our liberal and plural democracy this approach might prove to be of (...) more value than a transcendental theory that passes speculative judgements on the essence of absolute justice, about which we are unable to come to an agreement. (shrink)

Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also meaningful. The first (...) paradox originates from Kelsen’s formalised and value-free concept of law, which unexpectedly confronts the judge with his moral responsibility for the material valuation of the law. Secondly, a paradox arises from Kelsen’s rationalised notion of relative justice, which in fact forces the judge to be absolutely convinced of the moral rightness of his judgement. The third paradox is a result of Kelsen’s idea of objectivised ‘social peace’, by which the judge just realises the subjective and irrational demands of justice. From my analysis of these three seeming contradictions in Kelsen’s pure theory of law emerges an apparent Kelsenian representation of judicial justice. Starting from his pure theory of law it should be possible to conceive of a ‘pure’ form of administration of law, which would stipulate social peace as a condition for the ‘purity’ of a judicial judgement. I even imagine that Kelsen considered peace as a conditio tacita for the validity of the whole legal order, just as he regarded the basic norm as conditio per quam and effectivity as conditio sine qua non for the validity of the legal order. In any case, according to Kelsen’s conception of judicial justice, social peace proves to be the implicit or tacit condition for a ‘pure’ judgement. With that this ‘pacifying jurisprudence’ can be understood as a surprising paragon of a ‘pure’ administration of justice, on the understanding that peace is not a sufficient but an obvious condition for a just administration of law. That this should also apply mutatis mutandis for Kelsen’s concept of the legal order as a whole will be made subject of further research. (shrink)

It is possible to write a Kelsenian ‘Legal-Philosophical Tractate’ – based on Kelsen’s Pure Theory of Law – after the example of Wittgenstein’s Tractatus Logico-Philosophicus. The following main and sub-propositions analogous to the main and sub-propositions of the Tractatus are a proof thereof and give an initial impetus to it: “May others come and do it better”. Unlike Wittgenstein’s Tractatus, that ends with the famous proposition 7 that one should be silent about what cannot be spoken, a Kelsenian Tractate would (...) not end with an analogous main proposition, but with two sub-propositions that show the (relative) value of both ‘the speaking’ and ‘the silence’ of positive law. (shrink)

In this article a humble attempt is made to bridge the gap between the history of education and the philosophy of education with reference to what has been called Disability Studies since the 1980s. After outlining some of the internal tensions within New Disability History concerning ‘critique’, ‘power’ and ‘history’ the suggestion is made to consider the possibilities of the word ‘experience’ in order to construct a ‘new’ way of approaching the past. Our reading of history will draw heavily on (...) some texts of Walter Benjamin, Michel Foucault and some contemporary authors who—inspired by the work of the above‐mentioned—attempt to reconsider our modern subjectivity and reinterpret our agency. (shrink)

Only one year after the global wave of protest movements and revolts—starting with the ‘Arab Spring’, then, subsequently, the Indignados movement and Occupy- our appreciation of such movements turned sour. The aim of this contribution is to question the predominantly sceptical and defeatist discourse on these movements. One element central to many defeatist discourses on the 2011 movements, is the way in which a lack of demonstrable ‘outcomes’ or ‘successes’ is retrospectively ascribed to them. Therefore, an alternative approach should be (...) formulated, which would allow us to recognise the significant or valuable aspects of these movements and their practices, without downplaying them as ‘unsuccessful’ or ‘failures’ altogether. Pierre Rosanvallon’s concept of ‘counter-democracy’ and Hardt and Negri’s perspective of a ‘Multitude’ will be evaluated as alternative approaches to current political movements. Although they are meritorious, both perspectives do not go far enough and need further articulation. The notion of ‘prefiguration’, originally derived from contemporary anarchist discourse, could be beneficial to this endeavour. After defining and deepening this concept from an anarchist perspective, it will be applied to one particular context: the occupation of Tahrir Square in Cairo, during the 2011 revolution in Egypt. As will be concluded, in its application this concept of ‘prefiguration’ could teach us more about the recent wave of protest movements in general, and could help us to formulate a different approach to such movements. (shrink)

The representation of reality is a fundamental concept in the perception of theworld. Its historical consideration leads to an understanding of historical andcontemporary culture. In this paper we specifically investigate theanthropometric stage of cultural development as a historical world view. Wedefine this stage on the basis of René Girard's hypotheses on the origin ofculture, and we isolate its principles. Next, we consider the function of art asthe representation of cultural values. We investigate the three major motivesof artistic representation in the (...) anthropometric stage, i.e. beauty, dramatizationand mimesis. We show how and why these motives play an essential partin the obfuscation and explanation of the origin of culture. Finally, we showhow these developments are dealt with in the aesthetics of Plato and Aristotle. (shrink)

This paper offers a two dimensional variation of Standard Deontic Logic SDL, which we call 2SDL. Using 2SDL we can show that we can overcome many of the difficulties that SDL has in representing linguistic sets of Contrary-to-Duties (known as paradoxes) including the Chisholm, Ross, Good Samaritan and Forrester paradoxes. We note that many dimensional logics have been around since 1947, and so 2SDL could have been presented already in the 1970s. Better late than never! As a detailed case study (...) illustrating the power of 2SDL, we examine the system DL of Deontic Logic of Andrew Jones and Ingmar Pörn offered in 1985 to solve the Chisholm paradox of Contrary to Duties. The critical examination is done using logics and methods available in 1985 and solutions are proposed using what was available in 1985. (shrink)

A raíz de los movimientos asamblearios como Occupy Wall Street, el concepto de prefiguración ha ganado mayor atención en la teoría política radical. Sin embargo, sigue sin ser suficientemente teorizada la forma y el grado en que la prefiguración implica a menudo una reivindicación territorial como una vía para distanciarse de las relaciones de poder e instituciones existentes. Este artículo busca establecer esta relación entre la prefiguración y la apropiación del espacio. En primer lugar, rastrea la idea de prefiguración como (...) estrategia revolucionaria hasta la Comuna de París de 1871 y reconstruye cómo esta experiencia provocó una división dentro del movimiento obrero internacional. A continuación, distingue entre la prefiguración y el poder dual introducido por Lenin, argumentando que este último no posee la misma connotación territorial. Finalmente, el artículo examina un ejemplo contemporáneo de política prefigurativa sustentada en una reivindicación territorial: la zad o zone à défendre en Notre-Dame-des-Landes. (shrink)

Foodscapes, the ways and places in which human beings interact with food, are dominated by the global agri-food system. In many ways, it has never been easier to access such varieties or quantities of food. Be it in restaurants, supermarkets or local markets, food is often only a quick purchase away from the plate. In spite of that, there are persons who choose to follow alternative paths, moving away from reliance on the conventional system by engaging in practices of food (...) self-reliance. In this paper, using the analytical lenses of behavioural, social innovation and social practice theories, we explore why and how people strive for self-reliance and self-governing their foodscapes. We apply these lenses to data gathered from site visits and in-depth interviews with those engaged in self-reliant practices in Flanders. The practices we encountered range from permaculture to transition towns and illustrate the diverse alternative foodscapes found in Flanders. Our research reveals that while practices—and the people who engage in them—may at first appear distinct, they have commonalities as well, including similar values, needs, goals and more. These diverse elements combine to create, reshape and sustain practices within foodscapes. By further understanding the motivational, biogeophysical and social underpinnings that enable them we reveal a diverse, yet connected, continuum of practices. (shrink)