Better Call Saul and Philosophy is an anthology, a collection of essays exploring the philosophical themes present in the hit television show Better Call Saul. Premiering in the Spring of 2015, Better Call Saul serves as a prequel to the much beloved and critically acclaimed television show Breaking Bad in a which mild-mannered high school chemistry teacher, Walter White - through a series of poor, albeit strained decisions - slowly but steadily becomes a monstrous drug kingpin. In Better Call Saul, (...) a struggling but cocksure attorney, Jimmy McGill goes through a similar transformation to become a cunning, devious criminal lawyer for the underworld. Beyond this, Better Call Saul is populated with a number of additional characters going through their own evolution - from a brother burdened with a psychosomatic(?) ailment, to a former police officer delving deeper into the wrong side of the law to provide for his family. -/- Much like the beloved show, Better Call Saul and Philosophy is an anthology-- a collection of snippets and essays that slowly reveal a much more complex story. Premiering in the Spring of 2015, Better Call Saul serves as a prequel to the much beloved and critically acclaimed television show Breaking Bad. Critics of the series have noted that its storytelling is emblematic, or "The New Golden Age of Television": programming that not only rewards multiple watches, but also calls for a careful, reasoned analysis of characters, plots, and themes. Better Call Saul is the type of program that is so rich with these elements that it not only calls for a book like Better Call Saul and Philosophy, but might even feel incomplete without it! -/- Now, readers can join alongside struggling-but-cocksure attorney Jimmy McGill as he goes through a series of transformative experiences and scenarios. Featuring the work of contemporary philosophers, Better Call Saul and Philosophy offers its readers a chance to delve deeply into a wide range of philosophical issues the show presents, including the nature of good and evil, personal identity, free will and determinism, the law as it relates to morality, the ethical implications of the war on drugs, death and dying, and many, many more. Fans of the show will love a chance to appreciate the show on much deeper level--and, for those hoping to learn a bit about philosophy as well as the show, the book perfectly marries the two together in a unique and engaging way. -/- This book is the latest edition (#8) in the series Pop Culture and Philosophy. (shrink)

The article pioneers the examination of “hustle kingdoms”: illegal cybercrime training academies in West Africa. It explores these entities as innovative and adaptive institutions that emerge in response to systemic socio-economic strain. This article provides a unique analysis of hustle kingdoms by situating their emergence within the region’s socio-economic, cultural and technological trajectories. It does so by assessing the contemporary manifestation of these cybercrime academies with history in mind to understand the past that created them. It highlights how these cybercrime (...) training academies have evolved from earlier forms, thereby showcasing a unique form of deviant innovation. It contributes to existing literature by addressing the critical gap in the scholarly discourse surrounding these entities and their historical evolution. Drawing on Merton’s strain theory, this historical scholarly endeavour examines how systemic barriers to education and employment have fostered deviant innovation, transforming hustle kingdoms from early fraud enterprises into sophisticated, global cybercrime networks. The analysis highlights the structural disparities that sustain their operations by juxtaposing these academies with conventional educational frameworks. The findings offer novel insights into the intersection of inequality, cultural narratives and technological adaptation, positioning hustle kingdoms as both products and catalysts of systemic strain. (shrink)

It is a paradox of the work of Artificial Intelligence that in order to grant consciousness to machines, the engineers first labour to subtract it from humans, as they work to foist upon philosophers a caricature of consciousness in the digital switches of weights and gates in neural nets. As the caricature goes into public circulation with the help of the media, it becomes an acceptable counterfeit currency, and the humanistic philosopher of mind soon finds himself replaced by the robotics (...) scientist. This atmospheric inversion from above to below, one in which a sky turns into the smog of a thickened air, happened once before in the world of knowledge, when Comtian positivism inspired a functionalist approach to the study of the sacred. The social scientists first said that in order to study the sacred, one had to study how it functioned in society; then having contributed to the growth of their own academic domain, they more confidently claimed that what humans worshipped with the sacred was, in fact, their own society. There simply was no such thing as God or the sacred, and so Schools of Divinity began to be eclipsed by the elevation of the new towers of the office buildings of the Social Sciences. Indeed, as I turn now away from my computer screen, I can see outside my window the William James Building of Social Relations competing for dominance of the skyline with the Victorian brick Gothic of Harvard's Memorial Hall. This clever move to eliminate the phenomenological reality of human consciousness as a prelude to the growth of a new robotics industry is a very successful scam, for it has helped enormously with the task of fund-raising for costly moon shots, such as the Japanese government's 'Fifth Generation Computer Project' which promised to create an autonomously thinking machine in the 1980s. No one seems to talk much anymore about the failure of this project, but the gurus of A.I. continue to prophesy - as Ray Kurzweil now does - that by 2030, humans will be surpassed by machines in cultural evolution. (shrink)

continent. 1.1 (2011): 22-25. The Author gratefully acknowledges the financial support of CAPES (Coordenação de Aperfeiçoamento do Ensino Superior), Brazil. From the multifarious subdivisions of semiotics, be they naturalistic or culturalistic, the realm of semiotics of value is a ?eld that is getting more and more attention these days. Our entire political and economic systems are based upon structures of symbolic representation that many times seem not only to embody monetary value but also to determine it. The connection between monetary (...) and linguistic exchanges is self-evident: the former requires the latter and develops in direct relation to it. Creative experimentation and design of digital systems of value exchange are blossoming on the web. Dr. Gilson Schwartz, an economist turned media theorist and professor at the University of São Paulo, adopted the concept of Iconomics, originally created by Michael Kaplan, an author concerned with the linguistics of economic value. Empowering local communities and unlocking new levels of value creation and representation via digital technologies are the main goals of Dr. Schwartz’s projects, aiming at the re-designing of our relationship to the economic value of imagination and the social control of property. Schwartz is Assistant Professor at the School of Communication and Arts of the University of São Paulo, a former Chief Economist at BankBoston, Brazil and Advisor to the President of the National Social and Economic Development Bank (BNDES). FURTHER READING: Kaplan, Michael. “Iconomics: The Rhetoric of Speculation.” Public Culture . 15.3 (2003): 477-493. Renata Lemos-Morais: You have recently produced and directed a short documentary about Creative Currencies in Latin America. Could you tell us a bit about its process and its findings? Gilson Schwartz: The “Creative Currencies” project is a work-in-progress platform which unfolds as an action research agenda connected both to the production of audiovisual content and the development of social currency software. The initiative dates back to 2003 when I led an experimental project supported by the Presidency of Brazil. At that time, we issued paper currency in a small, touristic village in the Northeast Region which stimulated local cultural projects. But it was only in 2009 that the Central Bank of Brazil acknowledged “social currencies” as a legitimate economic agenda, calling for more debate at the I Financial Inclusion Forum. This year, the monetary authorities organized a second forum that also opened the room to discussions on mobile payment systems and new perspectives on poverty alleviation via State subsidies. The Ministry of Culture funded the “Creative Currencies” project in 2009-2010 and our next stage in this discovery process is to be supported by the National Social and Economic Development Bank (BNDES). In short, there is genuine interest among public officials in different areas and public funding for social currencies is on the rise in Brazil. However, after all these years we are still at a very early stage of research and practice. Some of the most successful initiatives (such as Banco Palmas) actually evolved out of local monetary creation to become correspondent banking operations for commercial banks and other financial groups. After eight years of price stability and social inclusion, Brazil stands out as a major opportunity for social experimentation, even the Grameen Bank is now entering the Brazilian market and many NGOs are geared towards different forms of entrepreneurialism in the base of the pyramid, riding solidarity economic models, microfinance and microcredit for local development. It is yet to be seen, however, whether these developments are just one more stage of “bankarization”, that is to say, an extension of regular banking services or actually a new form of social and symbolic self-determination at the local level. So far, the Central Bank of Brazil is open to new forms of credit and local finance as long as they are strictly territorial and very close to barter among the poor. In other words, whether the process of monetary creation could be made to fit an open source paradigm is yet to be seen. Community banking and social currencies might as well end up as just another channel for access to and use of banking services. The “Creative Currencies” project aims at promoting the discussion of more fundamental issues, such as the limits of central banking, the prospects for local financial development and the possibility of creating and managing financial icons as cultural assets. The purpose of this project is to produce short documentaries that will bear testimony to this evolving regulatory framework while inducing more discussion about the fundamental iconomic issues concealed in the process of money and wealth creation. RLM: What new potential is there in applying digital technologies to currency creation? GS: Globalization is a result of the virtualization of money, that is, the overcoming of illusions such as the “gold standard”. Money is an icon created by institutions, not on supposedly natural or material foundations but out of political and financial interests. The “dollar standard” is an outstanding evidence of this phenomenon and Kaplan´s paper, the first to use the expression “iconomics”, insists on the rhetoric and semiotic effects associated to a supposedly scientific model of money creation and management. This is a fundamental change that was perceived and discussed much before the digitalization of the world by unorthodox economists such as John Maynard Keynes since the early 20th century. The digitalization of global financial flows accelerated this immateriality and the creation of the Euro was yet another evidence of the political foundations of currencies. The banking establishment, however, is keen on the idea that scientific formulae hold the key to sound money creation. Keynesianism has been repeatedly associated to “inflationism” while the supposedly sound monetary policies of the Orthodoxy serve well the political and financial interests of a technocratic elite. Corporate media also serve this fictitious depiction of the monetary process despite the cyclical bust of monetary rules and financial regulations. The internet, however, has created numerous opportunities for the disintermediation in industries such as film, music and commodities. There is no reason to doubt that the financial industry can also be transformed by Peer-to-Peer (P2P) infrastructures. Money is media as well. Credit is but confidence. Once people realize that the distributed computing power of networks can also be the platform to weave new monetary and credit operations, there is room for grassroots emancipation out of the established owners of monetary institutions. So far, however, there has been a privatization of monetary management and there is not a clear path or model for the emergent (P2P) property democratization that is inherent to the internet. Digital assets, however, clearly have an inherent potential to escape central control and proprietary regulatory frameworks. RLM: How are social networks transforming the ways in which we exchange value? Do you believe that online influence and reputation might be translated into a new kind of currency? GS: The foundation for social currencies as envisaged by solidarity economics is the territory. Authorities are willing to concede local monetary creation as long as it is restricted to poor neighborhoods, as a proxy to barter. In this relevant but limited context, reputation, personal knowledge and informal ties form the matrix of local or “proximity” finance which are expected to keep credit and leverage to a sustainable level. Anything beyond that should and would lead to an integration of local finance into the established banking system. However, inasmuch as the internet promotes virtual territories and reputation is now subject to all sorts of digital manipulation and stardom becomes an everyday cultural process among teenagers and elders alike, the territorial “foundation” is substituted for more complex patterns of solidarity, cooperation and exchange that reach beyond the physical territory and even the “human.” Digital assets embody knowledge, technology, cultural and educational values that are exchanged at a global scale beyond the control of democratic States (Chinese-like intervention is the exception, not the rule). Hacktivism is unstoppable and so is monetary hacktivism. Especially in the Third World, mobile communications fast became conveyors of money transfers and other appropriation strategies. Banking and telecom sectors already battle for the control of these emerging markets and, as a matter of fact, have so far contributed to the containment of these processes. Governments serve these moguls and have usually adopted a wait-and-see attitude. If open source hardware and grassroots social movements combine to challenge these proprietary battles, then social networks may evolve into new forms of social capital and thus form the ground on which to design and implement social currencies. The global financial crisis, as well as the dollar demise, are an event of such a proportion that social networks may open the path for emancipator subjects to seize the opportunity. RLM: What are some of the social experiments that you think are revolutionizing the way in which value is exchanged? GS: There is a broad evolution of economic systems towards the valuation of intangible assets such as knowledge, reputation and sustainability. There are many examples of local as well as global events that call the traditional systems of exchange into question, from carbon credits to educational bonuses, digital barter frameworks and locally based solidarity and fair trade networks. These emerging examples, no matter how different in nature or scale, represent a challenge to the traditional value creation schemes and theories which are based on use and exchange value, supply and demand. This is not to say that utility and labour or scarcity are to be totally dismissed, but there is now an emerging perception that value is also a function of behavioral codes, symbolic patterns and the energy of institutional frameworks. The plasticity of digital platforms is relevant insofar as intellectual property becomes the central source of value creation. But when you discuss the property rights of public goods such as the environment or basic social rights (of minorities or localities), then a new paradigm seems to emerge. RLM: Are gaming and online storytelling digital practices that might have an impact on the way new currencies are created and developed? GS: “Play money” has been one of the early and most intriguing phenomena associated to the diffusion of virtual worlds. These virtual currencies have also been prone to “boom and bust” dynamics, speculation and pure theft (Second Life scams were common and led to “intervention” by the owners of the game). Storytelling is a major source of value, that is, the value of attention and the markets for audience. There are plenty of private monies created and managed by corporate entertainment groups, telecom operators (via mobile virtual network operators) and marketing frameworks. The casino economy, as already depicted by Keynes and other unorthodox economists, is always storytelling about future states of the world, confidence building and leverage of animal spirits. The novelty of current events is not the fictitious nature of any form of capital, but the potential for digital democratization of controls over the imaginary nature of value creation. But this is just a potential, a possibility, a figment that more often than not is appropriated by centralized and opaque private powers. The game industry is a testbed for new connections between storytelling and money creation. RLM: Monetary value was originally connected to the scarcity of precious metals, such as gold. Our entire monetary system seems therefore to function according to a logic of scarcity. Do you believe it is possible to reverse this logic into a logic of abundance? GS: The gold standard was a fiction itself, the “scarcity” is always produced by institutions that regulate confidence and access to credit. The key issue is not to fabricate abundance, but to question the institutions which produce scarcity out of any standard, gold or whatever. Central banks are at the service of private banks in the creation and management of scarcity. RLM: The promise that nanotechnology holds for our future is one of radical abundance (or so say transhumanists). The possibility of creating any kind of material substance through nanoengineering seems each day more feasible. What would this possibility entail in terms of systems of value exchange? GS: Nanotechnology, environmental concerns and grassroots appropriation of distributed knowledge are the frontiers of a new horizon of energy creation and management. Social groups in charge of managing scarcity for the sake of wealth and power concentration must be held accountable for the destruction of our future. Once this key political conundrum is accounted for, new systems of value exchange and even a non-mercantile society will come into existence. Revolutionary theorists such as Marx envisaged transformation via the extreme clash of contradictions between capital and labour. This approach has never led to a change in the systemic logic of scarcity for the sake of social control. We are once again facing the threshold of large scale societal change, but the outcome of the current crisis should come from our imagination, not from yet another paradox of abundance and scarcity. As long as we remain attached to the materiality of value, the illusion of freedom will but reinforce the massive manipulation of necessity. RLM: What do you think is the role of crowdfunding in this context? GS: Crowdsourcing as well as crowdfunding are examples of the peer to peer opportunities that come along with distributed computer power. However, the power structure behind wealth and scarcity creation may or may not be changed by crowd management. But it should not be taken at face value, so to speak. The stock market of course is an early form of crowdfunding without calling into question the proprietary framework of the companies offering their investment projects to the market. Any market is a form of crowdsourcing, that is to say, of distributed forms of supply and demand matchmaking. The wealth of networks, however, depends on the contractual ecosystem, the institutional framework, the channeling of social imagination, not on the purely quantitative distribution of bids and offers. I see economics as supply, demand and code. Once you have access to the code, once openness becomes part of the game, then there is a chance of crowd behavior becoming collective intelligence and sustainable imagination. RLM: Is the development of digital currencies headed towards a pluralistic ecology in which many micro currency systems co-exist, or is it penetrating the mainstream monetary system? If it is affecting the mainstream financial system, what would be its effect in the long-term? GS: The same issue is at stake both at local and global levels. The global system is, as a matter of fact, an unstable ecosystem of “micro currencies” whereas the dollar has so far exerted an overwhelming influence. Local currencies and private monies coexist with national currencies only to the extent that the Central Bank admits, for instance, that grassroots monetary emissions remain territorial and strictly connected to poverty. However, the question of how new developments in digital technologies and nanotechnologies might alter not only our current monetary systems but also our understanding of value in itself, is still an open question. (shrink)

Volume 24, Issue 10, October 2024, Page 80-82.

Volume 24, Issue 11, November 2024, Page 1-3.

In the Confucian tradition, sages are moral reference points. They may serve as models against which we measure our own behaviours, and help us imagine how we can improve the quality of our moral lives. This defining feature of Confucian philosophy has persisted though the subsequent development of the tradition to the present. Yet, little has been said about the important epistemological issues that underlie the Confucian modelling process. In order to uphold sages as moral reference points, people need to (...) recognize sages as sages and to deem the ways in which their lives embody virtue as desirable. This paper draws on a form of knowing, namely, knowing-as, to illuminate the process of learning from sages in the Confucian tradition. It will also help us better understand the process of modelling more generally. (shrink)

Most work on John Stuart Mill focuses on his account of civil or political liberties. But as Bruce Baum (2006) argues, Mill's commitment to “the free development of individuality” applied in the economic sphere as well as the social and political. As part of his decentralized, ‘liberal’, socialism (McCabe, 2021) he endorsed a ‘pluralist’ economy which combined consumer- and producer-co-operatives with some state provisions. This ‘utopia’ reveals a road untravelled by both socialism and liberalism, but aimed at achieving normative principles (...) dear to both – liberty, equality, security, fraternity, and progress – and which is worth serious consideration today. Dale E. Miller (2003) argues that, given the arguments of On Liberty, Mill should have been open to ‘capitalistic’ as well as ‘socialistic’ enterprises in his utopia. I argue that Mill's socialism (and his account of transition) involves a significant change in attitudes, which would rule out ‘capitalistic’ motivations and thus structures and organisations. One such structure is the labour market. Building on earlier work (McCabe, 2021) and comments by Joseph Persky (2024), I explore the implications of Mill's commitment to ending a competitive labour market whilst maintaining the plurality of economic enterprises for capital, ‘progress’, and Mill's commitment to diversity. (shrink)

Volume 24, Issue 11, November 2024, Page 24-26.

Volume 39, Issue 4, October-December 2024, Page 295-295.

Volume 18, Issue 2, May 2024, Page 123-125.

In this article, I examine the inversion of essential cultural values, such as physical perfection and the sports spirit, in 20th-century Europe. Periods emerged when physical perfection, once celebrated, morphed into tools for eugenics, racial theories, and ideological segregation. Similarly, the sports spirit became entangled in political and ideological conflicts. I approach this through the Marxist lens of ‘base—superstructure’ relations, focusing on the biological ‘base’, often misinterpreted through social Darwinism. This base is not subject to dialectical changes, does not develop (...) spirally but remains a constant fundament of human existence. It anchors pre-human and human interactions centered on physical fitness and interpersonal competition rooted in sexual selection. From this premise, I propose a philosophical model progressing from the general to the specific, built on four levels. At its foundation lies the unchanging physicality-agonistic ‘base’. From this base emerge three enduring cultural ‘structures’: physical culture, agonistic culture, and the uniting of these two sports cultures. These structures produce two cardinal values—physical perfection and sports spirit—while also giving rise to inversive superstructures that veer toward cultural distortions. I connect these inversions to the influence of elite groups shaping public opinion, aligning this analysis with Antonio Gramsci’s theory of hegemony. In this last stage, this perspective finds synergy with traditional Marxism, highlighting the role of elites in steering societal values and cultural frameworks. (shrink)

This is not a work of mine. For some reason, I am unable to remove it from my page. It is a list of Dr. Reiner Schürmann's lecture notes for courses that he taught at the New School for Social Research (aka The New School).

Volume 30, Issue 2, March 2025, Page 207-212.

The U.S. military is developing augmented reality (AR) capabilities for use on the battlefield as a means of achieving greater situational awareness. The superimposition of digital data—designed to expand surveillance, enhance geospatial understanding, and facilitate target identification—onto a live view of the battlefield has important implications for virtuous conduct in war: Can the soldier exercise practical wisdom while integrated into a system of militarized legibility? Adopting a virtue ethics perspective, I argue that AR disrupts the soldier’s immersion in the scene (...) such that he is blinded to features beyond those identified in advance by the military’s system of cybernetic judgment. I turn to Michael Walzer’s classic account of the “naked soldier” dilemma to illustrate how AR capabilities radically shrink the bounds within which the soldier can cultivate the capacity for right conduct. By transforming the ambiguous ethical matter of killing an enemy combatant into the straightforward application of a rule, AR hollows out the soldier’s potential for virtuous action. The “smart battlefield” leaves no space for deliberative judgments that transcend the technical and legal determinations already written into the soldier’s view of the scene. (shrink)

This article seeks to critically question the internal logic and coherence of ‘anti-doping’ through the case study of advantage-seeking practices in the sport of Brazilian Jui-Jitsu (BJJ). We provide an analysis of the recent controversy between high-profile fighters Gordon Ryan and Nicky Rod involving the relative morality of image and performance enhancing drug (IPED) use compared with ‘greasing’, whereby BJJ athletes apply substances, such as oil or lubricants, to the body to make it harder for opponents to establish a grip (...) or maintain control during grappling exchanges. We employ this case study to highlight the impasse between the World Anti-Doping Agency’s (WADA) ethical foundation of the ‘spirit of sport’ and the anti-doping industry’s ‘anti-policy’ stance. We then query why a host of non-chemical advantage-seeking practices are normalised and overlooked within the rigid and constrictive systems. Ultimately, we characterise WADA as a myopic compliance system that stifles moral debate around advantage-seeking in sport and is hamstrung by an ethical discord between anti-policy and the neo-Aristotelian ideal of the spirit of sport. We close with a call for a holistic ethical understanding of advantage-seeking in sport and the need to encourage stakeholders to ‘think institutionally’ in order to establish a malleable and reactive response to doping. (shrink)

This paper sketches the antilogism of Christine Ladd-Franklin and historical advancement about antilogism, mainly constructs an axiomatic system Atl based on first-order logic with equality and the wholly-exclusion and not-wholly-exclusion relations abstracted from the algebra of Ladd-Franklin, with soundness and completeness of Atl proved, providing a simple and convenient tool on syllogistic reasoning. Atl depicts the empty class and the whole class differently from normal set theories, e.g. ZFC, revealing another perspective on sets and set theories. Two series of Dotterer (...) and the theorem proved by Russinoff are re-characterized in antilogistic formulas corresponding to the square of opposition and twenty-four moods of syllogism. Then the restricted equivalence between two forms of antilogism and minimal inconsistency is built up, implying the internal connection between antilogisms and minimal inconsistency and leaving two related conjectures not proved. Besides, this paper provides a new explanation for the reason why contrariety, subcontrariety, and subalternation and the nine special moods require the non-empty assumption. (shrink)

One of the greatest philosophical disputes in Germany in the latter half of the nineteenth century concerned the value of life. Following Arthur Schopenhauer, numerous philosophers sought to defend the provocative view that life is not worth living. A persistent objection to pessimism is that it is not really a philosophical theory at all, but rather a psychological state; a mood or disposition which is the product of socio-economic circumstance. A developed and influential version of this view was advanced in (...) the 1870s by the English psychologist James Sully. Yet, as important as Sully's critique was for the pessimism dispute, it has been almost entirely overlooked in the history of philosophy. With some growing recent attention to nineteenth-century pessimism, this paper aims to reconstruct Sully's view, and what I argue is his primary argument for it in terms of the best explanation for an alleged historical correlation between pessimistic belief and social hardship in the form of frustrated ideals. The paper then presents and analyses some challenges to this argument, some of which are argued to have been at least partially anticipated in the nineteenth-century by the likes of Schopenhauer and Olga Plümacher. (shrink)

Volume 30, Issue 1, February 2025, Page 104-111.

Is traditional virtue epistemology a kind of idealised epistemology? Is that a bad thing? Some supporters of the virtue epistemology of liberatory virtues seem to answer these questions affirmatively. H. Battaly also argues that to avoid idealization virtue epistemologists should adopt a kind of normative contextualism according to which one and the same character trait is a virtue in some contexts, and a vice (or at least not a virtue) in other contexts. In this paper, I defend traditional virtue epistemology (...) against some, but not all, of these charges. I argue that the examples that motivate its critics are best explained by invoking particularism about actions rather than normative contextualism about character traits. I also show that a particularist virtue epistemology of inquiry provides an account of the difference that social circumstances and power relations make to epistemically virtuous (and vicious) conduct that is superior to those that can be offered by resorting to normative contextualism. (shrink)

The problem of intentional identity, as originally offered by Peter Geach, says that there can be an anaphoric link between an indefinite term and a pronoun across a sentential boundary and across propositional attitude contexts, where the actual existence of an individual for the indefinite term is not presupposed. In this paper, a semantic resolution to this elusive puzzle is suggested, based on a new quantified intensional logic and game-theoretic semantics (GTS) of imperfect information. This constellation leads to an expressive (...) intensional language with a property of informational independence, argued to produce a purely semantic explication to intentional identity statements. One consequence is that various extra-logical and pragmatic factors become of secondary concern; it is possible to solve the puzzle by logico-semantic methods, albeit somewhat radically renewed ones. (shrink)

Following the Gaza events of 2023/24, this study examines how Palestinians understand mass death and mass destruction, exploring how can such a humanitarian catastrophe be framed within a coherent narrative. The focus is on the concept of sacrifice, analysed through a theoretical framework that distinguishes between meaningful sacrifices and absurd, meaningless deaths that categorises the victims as homo-sacer. Hence, this study aims to investigate the language and literature of the Palestinian people that regards to the 2023/24 Gaza events, and the (...) way it re-conceptualises the mass death and destruction and its victims, between the concepts of sacrifice and homo-sacer. A sample of 120 literary and creative texts from the cultural magazine ‘Fusha for Palestinian Culture,’,Footnote1 was examined using the methodology of thematic analysis. Four primary themes emerged from the texts: the active documentation, the speed and intensity of death and destruction, the form of death, namely handling of bodies and burial rituals, and lastly the implementation of myths from various traditions, including the duality of mythologising and demythologising Gaza and its inhabitants. I conclude that these four themes were elemental in the rhetoric process of sanctification of the mass and random death and destruction. (shrink)

No detailed description available for "Berkeley's American Sojourn".

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

Volume 24, Issue 12, December 2024, Page 6-7.

Volume 24, Issue 11, November 2024, Page 78-80.

Volume 25, Issue 2, February 2025, Page 67-70.

Lawyers’ practice in mediation is evolving with the widespread use of processes other than litigation which have been commonly referred to as the alternative dispute resolution (‘ADR’) options in Australia. Legal representation in mediation is part of the changing nature of legal work and is informed by the Australian Solicitors’ Conduct Rules (‘ASCR’) and practice guidelines. This article explores selected areas in the Law Council of Australia Guidelines for Lawyers in Mediation (‘LCA Guidelines’) and the ways that these guidelines provide (...) a normative framework for practice including the incorporation of ethical rules. The article argues that the guidelines should be revised to promote legal practice that includes emotion, which may encourage settlement by assisting in identifying core concerns. It draws on a variety of Australian empirical studies on emotion including lawyers’ practice and judges’ engagement with emotion in their role. It recommends revising the LCA Guidelines to better engage with emotions, and additionally, the opportunity for law school dispute resolution curriculum to incorporate engagement with emotion using the LCA Guidelines is raised. (shrink)

Recent scholarship on the philosophy of time in pre-Qin Daoist thought has not yet produced a thorough examination of dao’s relationship to time. This essay resolves this omission through a systematic study of the concept heng 恒 in pre-Qin Daoist literature. While principally expressing the ‘constancy’ of dao, heng also significantly presupposes dao’s ability to change. This change is characterized in the texts as a cyclical movement of ‘return’ and identified with the universe’s circular metanarrative of generation and reintegration. The (...) essay turns to examine pre-Qin Daoist literature’s use of primal wu 無 metaphors to describe dao. It concludes that they present dao as undifferentiated infinitude, liberating dao as heng from the tense structure of past-present-future that divides life in time. These metaphors further associate the movement of dao with the flow of time, reformulating time’s relentless ever-greater advancement into an endless cycle of creative transformation. (shrink)