The second Yearbook of the Central East European Forum of Young Legal, Political and Social Theorists aims at reassessing some major legacies of jurisprudence and political philosophy, thereby celebrating one hundred years from the publication of the first important theoretical account of Hans Kelsen - Hauptprobleme der Staatsrechtslehre; the fifty-years anniversary of one of the most important contemporary books in legal theory - Herbert Hart's The Concept of Law; as well as the forty-years heritage of the most influential 20th century (...) account of justice - John Rawls's A Theory of Justice. On this occasion fourteen scholars from Eastern and Central Europe gave their accounts and interpretations of jurisprudential and political philosophical problems that persist or emerge anew in contemporary debates. (shrink)

Ovaj rad se bavi metodološkim aspektima obnovljenih pravno-filozofskih nastojanja da se preispita pojam međunarodnog prava. Posle kratkog osvrta na istoriju pravne filozofije i ključne tačke Hartovog i Kelzenovog pozitivističkog stanovišta, u radu se dalje ispituje na koji način se savremene pravne teorije, kako u pozitivističkoj, tako i u ne-pozitivističkoj tradiciji, bave međunarodnim pravom. Poslednji deo rada predstavlja pokušaj da se skiciraju određene smernice za novi početak u filozofskoj obradi međunarodnog prava. Prvo, istorija rasprava u ovoj oblasti svedoči o tome da (...) su metodološki pravni teoretičari u pravu kada tvrde da nam utvrđivanje odgovarajućeg metoda pomaže u odgovoru na pitanje šta je pravo. Drugo, imajući na umu stalno promenjivu prirodu međunarodnog prava, odgovarajući metodološki pristup zahteva „evolucionarnu epistemologiju“ (D’Amato), koja teško da se može nazvati obeležjem analitičke jurisprudencije. Najzad, takva epistemologija je na kompleksan način povezana sa našim istraživanjem šta međunarodna pravda ili, bar, šta međunarodna „unutrašnja moralnost“ zahteva. (shrink)

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...) which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists. (shrink)

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's (...) central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order. (shrink)

Decisions in democracy are binding not in virtue of being true or good, but on account of being an outcome of the majority voting procedure. For some, this is a proof of an intricate connection between democracy and moral relativism. The ‘militant democracy’ model, on the other hand, is premised on the idea that certain political actors and choices have to be banned for being fatally bad for democracy. This gives rise to the claim that protected democratic fundamental values of (...) freedom and equality enjoy the status of absolute moral standards. This article dismisses the intuition that justification of ‘militant democracy’ depends on unpacking the relation between democracy and meta-ethics. Instead, following Bernard Suits’ analytical exposition of the important features of games, it demonstrates, first, how democracy is like a game and, then, it argues that a plausible justification of ‘militant democracy’ stems from its game-like character. (shrink)

In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and (...) individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights. (shrink)

If one were to publish a book some hundred years ago, with the central claim that there was a necessary connection between law and coercion, one would have largely pushed on an open door. And to sa...

This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, (...) representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity. (shrink)

The anthology Unpacking Normativity, edited by Kenneth Einar Himma, Miodrag Jovanović, and Bojan Spaić, follows the international conference ‘Legal Normativity and Language’ which took place at the...

This review article discusses the conception of collective rights necessary to ground contemporary entrenchments of minority educational rights, Indigenous rights and collective bargaining rights, as discussed in Miodrag Jovanović’s book, Collective Rights: A Legal Theory. Jovanović argues for a role for value collectivism in elucidating a rationale for the entrenchment of rights held by what he conceives of as pre-legally existing groups with interests not reducible to those of their individual members. This approach can offer an explanation for the (...) entrenchment of minority educational rights and Indigenous rights. The article extols Jovanović’s attempt to grapple with an explanation for rights not explained within standard liberal theory, even in Will Kymlicka’s attempt to justify minority rights within liberalism. The review also critiques the argument offered by Jovanović. First, the review argues that a full-fledged adoption of value collectivism is not necessary to provide a justification for irreducibly collective rights and that the unnecessary adoption of such a theoretical construct may, in practical terms, work counter to the ongoing entrenchment of the rights it seeks to justify, thus becoming what it will categorize as a ‘self-threatening theory’. Second, the review argues that Jovanović’s stark division of rights held by pre-legally existing groups and legally constituted collective entities undermines his account’s ability to explain collective bargaining rights of trade unions that are entrenched in some jurisdictions. (shrink)

My aim in this article is to defend the view that art is a relevant source of knowledge, including moral knowledge, in the absence of empirical evidence corroborating this view. In the first part, I discuss what is known as the causal question, that is, the question regarding art's impact on spectators. I argue that the alleged failure of art to impact us may be a matter of moral motivation and the particular circumstances of moral reasoning more than the cognitive (...) and ethical character of a work. To support my claim, I rely on contemporary research on moral reasoning. I conclude by sketching a wider context within which we should consider art's impact, stressing the relevance of cognitive sciences and moral psychology. (shrink)

Chelicerates (scorpions, horseshoe crabs, spiders, mites and ticks) are the second largest group of arthropods and are of immense importance for fundamental and applied science. They occupy a basal phylogenetic position within the phylum Arthropoda, and are of crucial significance for understanding the evolution of various arthropod lineages. Chelicerates are vectors of human diseases, such as ticks, and major agricultural pests, such as spider mites, thus this group is also of importance for both medicine and agriculture. The developmental genetics of (...) chelicerates is poorly understood and a challenge for the future progress for many aspects of chelicerate biology is the development of a model organism for this group. Toward this end, we are developing a chelicerate genetic model: the two‐spotted spider mite Tetranychus urticae. T. urticae has the smallest genome of any arthropod determined so far (75 Mbp, 60% of the size of the Drosophila genome), undergoes rapid development and is easy to maintain in the laboratory. These features make T. urticae a promising reference organism for the economically important, poorly studied and species‐rich chelicerate lineage. BioEssays 29:489–496, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

In dieser Arbeit werde ich versuchen zu zeigen, dass die Frage nach der Natur der Erde, die eine der ersten Fragen des frühen Kants ist, sowohl in der Kritik der Urteilskraft, als auch in dem schriftlichen Nachlass , wieder zum Zentrum seines philosophischen Denkens kommt. Der späte Kant verbindet diese Frage streng mit dem Prinzip subjektiver Zweckmäßigkeit und kritisiert im Opus postumum, insbesondere im Anschluss an den Übergang von den metaphysischen Anfangsgründen der Naturwissenschaft zur Physik, die übliche Erdauffassung als den (...) Besitz der menschlichen Gattung und findet, aufgrund des Zweckmäßigkeitsprinzips, welches für die teleologische Urteilskraft maßgebend ist, dass es notwendig ist, das menschliche Verhältnis zur Erde wesentlich mit Rücksicht auf die körperlich-geographischen Grenzen unserer Erkenntnis zu überprüfen. In der Kantischen Philosophie finde ich die Idee einer zweckmäßigen Geoethik, die sich mit dem Problem der menschlichen Sesshaftigkeit auf der Erde und mit ihrer räumlich-moralischen Orientierung in der Welt beschäftigt. Die Welt der Vernunftwesen wird sich daher ihrer geo-ethisch-rechtlichen Grenzen bewusst. Daher legt Kants Auffassung der Zweckmäßigkeit die Grundlage für die Formulierung einer Ekopolitik, die nach dem Zusammenwirken zwischen dem Menschen und seiner Umwelt fragt. (shrink)

We consider${\cal S}$, the class of finite semilattices;${\cal T}$, the class of finite treeable semilattices; and${{\cal T}_m}$, the subclass of${\cal T}$which contains trees with branching bounded bym. We prove that${\cal E}{\cal S}$, the class of finite lattices with linear extensions, is a Ramsey class. We calculate Ramsey degrees for structures in${\cal S}$,${\cal T}$, and${{\cal T}_m}$. In addition to this we give a topological interpretation of our results and we apply our result to canonization of linear orderings on finite semilattices. In (...) particular, we give an example of a Fraïssé class${\cal K}$which is not a Hrushovski class, and for which the automorphism group of the Fraïssé limit of${\cal K}$is not extremely amenable but is uniquely ergodic. (shrink)

In this paper, I address the question of engaged philosophy with an emphasis on aesthetics and the philosophy of art. Referring to some specific problems discussed in these areas – in particular climate change, ecological crisis and immoral art – I demonstrate that philosophy can be engaged in two ways: (i) in its aspiration to question social reality, culture, human experience and the strategies for making sense of and finding value in that experience; (ii) in the aspiration to contribute to (...) the well-being of individuals and society through its contribution to understanding that reality and experience. First, I point to the connection between the philosophical questions and the fundamental intellectual aspirations of human beings as social and cultural beings, but also as autonomous knowers and valuers. Second, I respond to two objections that can be directed against engaged philosophy: (i) one that points to a lack of consensus among philosophical responses (the problem of disagreement), and (ii) one that highlights the irrelevance of philosophical debates to our social practice. (shrink)

In this paper the author discusses the conceptions of the subject and the method of the history of philosophy by Hegel, Windelband, Dilthey, Hartmann, and other philosophers of the history of philosophy. The history of philosophy as a philosophical discipline was first connected by Hegel with the very system of philosophy. His history of philosophy was the closing and integrating part of his philosophical system. The critics have accepted the view that Hegel had determined the intrinsic regularity of the historico-philosophical (...) development, but they rejected his identification of logical determinations of the idea with the sequence of appearances of philosophical systems in history. While Hegel followed the history of philosophical systems, Windelband followed the history of philosophical problems and concepts created for the solution of the same problems. Dilthey invented the “method of understanding,” which he applied to all products of cultural creativity of mankind through history. Dilthey substituted life for the Hegelian spirit. The life of the spirit expresses itself in language, religion, morality, art, philosophy and becomes evident only through history. History became by Dilthey the decisive form of the philosophical selfknowledge of man. The aim of Dilthey's spiritual-historical method was to follow the great role of cultural-historical factors in the shaping of philosophical doctrines. Contrary to Dilthey, Hartmann supports the problem-historical method. He was of the opinion that the history of philosophical problems contains the genuine historical continuity of philosophy. The philosophical problem is by nature the linking ring between history and philosophy.The conceptions of history of philosophy by all those philosophers are functionally dependent on their conceptions of philosophy.In addition to discussing the conceptions of the history of philosophy, of those four philosophers, the author also presents his own critical comments. (shrink)

This article lies at the intersection of two problems: the one concerning the potential of fictional works to inform us about our social reality and foster our understanding of its various aspects, and the one concerning their potential to engage with philosophical issues. I bring these two together by analyzing the hit television series Law and Order: Special Victims Unit. According to my interpretation, the series is informative about our social world, and it raises philosophical concerns about it. This makes (...) it well-equipped to fulfill the educative function attributed to mass art by Noël Carroll, and to stand out as an example of what he calls popular philosophy. To support this interpretation, I rely on contemporary views regarding the nature of our engagements with fictional narratives. I then explore how philosophical concerns are generated and I elaborate on the role they have in deepening one’s understanding of one’s social circumstances. I further show how the series provides innovative and independent philosophical knowledge by means specific to the medium of generic serialized fiction. The central part of my argument is an analysis of the narrative strategies which enable the informative and philosophical aspects of the series to generate the series’ educative function. (shrink)

In this paper I follow Ted Nannicelli in the project of establishing boundaries of television works. I focus on serialized television works pertaining to a particular genre and I set out to provide an account of their identity. My claim is that external identity of such works is determined by their specific genre-affiliation, given the way in which generic norms determine the content of the series, namely, its characteristic storylines and regular set of characters. From the internal perspective, a series’ (...) identity is determined by the particular way in which it implements abstract generic norms. I describe the process of such implementation as creation of series-specific formulaic patterns, and I analyze different layers of works where such patterns are evident. My central claim is that series-specific formulaic patterns create a coherent set of norms which, through repeated instantiation in the series’ episodes, become associated with that particular series. The function of this set is to establish the series’ boundaries, and to maintain its identity when different modifications to the patterns are made. (shrink)

In this article, I defend the cognitive value of certain generic television series. Unlike media and television scholars, who have been appreciative of the informative capacity of television fiction, philosophers have been less willing to acknowledge the way in which these works contribute to our understanding of our social reality. My aim here is to provide one such account, grounded in aesthetic cognitivism, that is, the view that fiction is a source of knowledge. Focusing on crime and courtroom dramas, I (...) start by offering some examples of the cognitive benefits available in some of these series and I argue that the more beneficial cases establish superior mimetic relations with reality, enhancing their capacity to present ethically challenging issues. I then examine whether the fictional dimension of these works presents an obstacle to their informative potential and I conclude that it does not. A central aspect of my account is the claim that the degree of cognitive benefit depends on the underlying narrative strategy of the series. Specifically, there are clues in any given show, including the treatment of ongoing characters, which signal the extent to which it can be taken as mimetically reliable and thus, cognitively valuable. I complete my account by addressing anti-cognitivists’ arguments which call to doubt the informative aspect of television series and their capacity to address ethical concerns. (shrink)

This article is an introduction to the special issue of the European Journal of Analytic Philosophy dedicated to aesthetic education and philosophy of screen stories.

In order to show the validity of here proposed conception of social ontology and its advantages over descriptive theories of social reality, which in the analysis of the socio-ontological status of human rights find only legally understood normativity as present in social reality, we will first lay out Searle’s interpretation of human rights. In the second step, we will introduce the methodical approach and basic concepts of our socio-ontological position, and explain the structure of the relationship between justice, law, morality, (...) social institutions and collective intentionality. At the end we will show how our theory of social ontology is better than Searle’s legal positivism in examining the ontological status of human rights. At the end, we show in what ways such a theory of social ontology more intuitively and with wider arguments explains the ontological status of institution of human rights than Searle’s legal positivism. (shrink)

Die vorliegende Arbeit berücksichtigt die Philosophie und Poetik der Geschichte und der Sprache a priori im poetischen und literarischen Werk von Peter Handke, in seinem poetologischen Essay Ich bin ein Bewohner des Elfenbeinturms und seinem Drama Die Fahrt im Einbaum oder das Stück zum Film vom Krieg, und zwar im Ausgang von der kantianischen Idee der Apriorität der Geschichte. Die Geschichte a priori ist, laut Kant, möglich, „wenn der Wahrsager die Begebenheiten selber macht und veranstaltet, die er zum voraus verkündigt“. (...) Die identische Idee vom Subjekt, das vor der Geschichte besteht, finden wir auch im poetischen Werk von Peter Handke, sowohl in seinen poetologischen Schriften, als auch in seinem dichterischen Werk. Das Ziel der Arbeit ist, durch eine immanente, phänomenologisch-hermeneutische Deutung der Werke des Philosophen und des Schriftstellers die unumstrittene enge Beziehung zwischen ihren geschichtsphilosophischen, bzw. – poetologischen Ideen aufzuweisen und einen allgemeinen philosophisch-dichterischen Rahmen für die Erklärung aller Geschichtsphilosophien ohne Ausnahmen zu geben. (shrink)