Readings of Derrida’s work on law and justice have tended to stress the distinction between them. This stress is complicated by Derrida’s own claim that it is not ‘a true distinction’. In this essay I argue that ordinary experiences of the inadequacy of existing laws do indeed imply a claim about what would be more just, but that this claim only makes sense insofar as one can appeal to another more adequate law. Exploring how Derrida negotiates a subtle path (...) between classical Platonism and classical conventionalism about justice, the attempt is made to take seriously Derrida’s aim to affirm the idea of a ‘mystical’ foundation of the authority of laws by taking ‘the use of the word “mystical” in what I venture to call a rather Wittgensteinian direction’. (shrink)

In 2021, 193 Member States at UNESCO’s General Conference adopted the Recommendation on the Ethics of Artificial Intelligence as the first important step towards a future global standard-setting instrument on the subject. The text reflects an emerging consensus among the international community about the growing ethical concerns with artificial intelligence (AI). Among these concerns are also serious risks and dangers attributed to the manipulative effects of AI, which can be further exacerbated by the creative combination of AI with other innovative (...) technologies or applications, such as brain–computer interfaces (BCIs), functional magnetic resonance imaging (fMRI), robotics, and big data. The risks for individuals and society as a whole caused by manipulation through AI are already well known and have recently also been addressed by the European Union having released a proposal for an Artificial Intelligence Act (AIA). Among multiple risks related to AI, the AIA singles out the specific dangers related to AI systems that deploy “subliminal techniques beyond a person’s consciousness to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm”. The present article thus aims to highlight the known and potential dangers related to AI systems manipulating human thoughts and behaviour through subliminal and supraliminal means and methods. To this end, it advocates the joint study of law and the senses captured by the concept of legal synaesthesia to correspond to the need for an interdisciplinary debate covering the complexity of the links between AI, related technologies, human perception based on the senses and the mind, as well as the role and instruments of law in the future organization of societies in this world. (shrink)

The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called “essentially oxymoronic concepts”, i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the domain of literature, the arts or mysticism. Today, however, many new technologies and other innovations are contributing to their rise also in the domains of science and of law. Particularly in law, their inherent contradictory quality of combining apparently (...) antagonistic suppositions challenges the traditional dualistic mode of reasoning and binary logic. As reflected in terms like fake news, alternative facts or conspiracy theories, these concepts are seen as a threat to the rule of law and legal certainty and have been described as harbingers of an age of disinformation or post-truth. The challenge posed by these apparently contradictory concepts requires a closer look at the premises that guide our legal thinking and a more integrated theory of the senses and their role in law, as captured by the terms “legal synaesthesia” and “legal semiotics”. It also calls for an inquiry into the mind’s functioning generally and how it processes information in the creative process of decision making, linking thoughts and actions as well as facts and fictions. Based on the qualification of “fake news” as an oxymoron, this article critically examines the deficiencies in a dichotomous distinction between fact and fiction exemplified by information about the pandemic of coronavirus disease 2019 in an attempt to clarify the principal issues for a global regulatory debate regarding “fake news”. (shrink)

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, or (...) feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome by using a ‘bridge’ of neurons; and we offer a hypothesis about the relation between qualia and one's sense of self. (shrink)

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia ’ based on a loose analogy with Newton’s three laws of classical mechanics. First, they are (...) irrevocable: I cannot simply decide to start seeing the sunset as green, or feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes (e.g. they are ‘filled in’) because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome simply by using a ‘bridge ’ of neurons; and we offer a hypothesis about the relation between qualia and one’s sense of self. (shrink)

Jules Coleman has shown that positivism’s pedigree thesis has a semantic sense and an epistemic sense. The semantic sense states the conditions a proposition must satisfy in order to be law. The epistemic sense constitutes a standard that can be used to identify the community’s law. In this article, I argue the epistemic sense is considerably more modest than has often been supposed. At most, it provides a means for conclusively identifying those legislative utterances that (...) give rise to statutory law. Accordingly, it is false that the pedigree thesis provides a test for deciding even questions of settled law. (shrink)

In this article, I combine political philosophy and film to examine the problematic of the ‘mystical’ foundation of authority and democracy as represented in The Man Who Shot Liberty Valance. Ford’s filmic vision is interpretable as a parable of the passage from the state of nature to the modern republic and the deconstruction of American democratic progressivism. To analyse it, I proceed in two steps: first, I defend a middle-way critical Enlightenment perspective between the democratic-progressivist and the deconstructive approach (...) to the question of foundations. Second, in dialogue with this critical Enlightenment perspective, I argue that Ford’s cinematic vision of the foundation remains ambivalent, given that its deconstruction of the mythology of American democratic progressivism is premised on the nostalgic mythologizing of the pre-democratic age. Moreover, I take issue with Robert Pippin’s interpretation of the movie as a cautionary tale against Enlightenment rationalism, and which poses at its center the key psychological role of myths in politics (2011). In contrast, I argue that Ford’s cinematic vision cautions against decoupling the socio-political and personal life from the vital connection to truth and acting upon truth. From this standpoint, a “politics of truth” is, against Pippin’s interpretation of Ford’s vision, compatible with taking into account the constitutive role of narratives in building political legitimacy and authority. (shrink)

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting itself to be half dead (...) and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

Günther’s book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermas’s discourse theory of morality. He then employs it to (...) extend Kohlberg’s theory of moral development and to defend this against Gilligan’s critique. In the third and fourth parts of the book, Günther shows—in debate with Hare, Dworkin, and others—how argumentation on the appropriate application of norms and principles in morality and law is possible. (shrink)

In the third and fourth parts of the book, Günther shows--in debate with Hare, Dworkin, and others--how argumentation on the appropriate application of norms and principles in morality and law is possible.

This paper claims that a particular interpretation of Kant`s legal-political philosophy, as it is presented in his Doctrine of Right, provides us with the much needed resolution to the question of the normativity of law, precisely because it brings in a perspective that avoids both positivism and ethicism. This particular interpretation follows a strategy of argumentation that I call the “argument for the intrinsic normativity of law”, i.e., the argument that law is defined and justified on its own grounds, without (...) any need to refer to ethics, or rational/enlightened self-interest. This argument highlights the concept of legal person with the innate right to freedom as the necessary presupposition of legal practices, and sets forth a fundamental sense of justice inherent to the concept of law that consists in the reciprocal recognition of legal personality. In the end, I come up with a distinctive conception of law that I formulate as a last resort of normativity in the face of a conflict wherein an ethical solution does not appeal to all parties. (shrink)

We analyse the contention that privacy is an alien concept within Japanese society, put forward in various presentations of Japanese cultural norms at least as far back as Benedict in The chrysanthemum and the sword: patterns of Japanese culture. Houghton Mifflin, Boston, 1946. In this paper we distinguish between information privacy and physical privacy. As we show, there is good evidence for social norms of limits on the sharing and use of personal information (i.e. information privacy) from traditional interactions in (...) Japanese society, as well as constitutional evidence from the late 19th century (in the Meiji Constitution of 1889). In this context the growing awareness of the Japanese public about problems with networked information processing by public sector and commercial organisations from the 1980s (when a law governing public sector use of personal information was first passed) to recent years (when that law was updated and a first law governing commercial use of personal information was adopted) are not the imposition or adoption of foreign practices nor solely an attempt to lead Japanese society into coherence with the rest of the OECD. Instead they are drawing on the experience of the rest of the developed world in developing legal responses to the breakdown of social norms governing interchange and use of personal information, stressed by the architectural changes wrought by networked information processing capabilities. This claim is supported by consideration of standard models of Japanese social interactions as well as of Supreme Court judgements declaring reasonable expectations of protection of privacy to hold in Japan. (shrink)

This paper provides an empirical study of Italian ‘boutique law firms’. By building on seventeen semi-structured interviews with lawyers, the paper explores institutional, professional, and societal features of such firms and their lawyers. The article shows that, while the rise of large law firms triggered a partitioning of the Italian legal field in the past decades, more recently this small, but economically important, sector of the profession revived the classic model of delivering legal services characterised by a strong sense (...) of autonomy and independence, a client-centered but ethically robust approach to legal practice, a close relationship with academic and political environments, and a focus on projecting a professional image of themselves and their firms in society. These are, in other words, the last bastion of professionalism and are increasingly gaining an important role in the Italian field. (shrink)

A path-breaking collection launching a new series of books on the senses in antiquity. Synaesthesia and the Ancient Senses presents a radical reappraisal of antiquity's textures, flavours, and aromas, sounds and sights. It offers both a fresh look at society in the ancient world and an opportunity to deepen the reading of classical literature. The book will appeal to readers in classical society and literature, philosophy and cultural history. All Greek and Latin is translated and technical matters are explained (...) for the non-specialist. The introduction sets the ancient senses within the history of aesthetics and the subsequent essays explore the senses throughout the classical period and on to the modern reception of classical literature. (shrink)

.The author summarizes the essential elements of a general theory he is developing which he calls “The Formal Character of Law.” He explains that law's formal character is a potentially major branch of legal theory that is still relatively unexplored. In his view, it is possible to identify formal attributes in legal rules, other basic legal constructs such as interpretive method, the principles of stare decisis, legal reasons, and legislative and adjudicative processes, and a legal system viewed as a whole. (...) For example, a legal rule has, in varying degrees, such formal attributes as generality, definiteness, and simplicity. Such attributes are formal in the sense that they apply to or accommodate highly variable content and do not prescribe or proscribe content. Of course, legal phenomena have other characteristics besides their formality. The author's main technique for developing his theory is to address a common set of questions to the varied formal attributes of , , and above. Among other things, the answers to these questions further explicate how law is formal, demonstrate that law is not merely a means of serving problem‐specific policy but also serves formal values , treats the relations between form and content—specially how good form begets good content and bad form bad content, explores the design and implementation of appropriate formality—its “anatomy and physiology,” and analyses the “pathology” of legal form including not only the “formalistic” , but also the “sub‐stantivistic,” and shows how the overall theory is important both jurisprudentially and in practical ways. (shrink)

In this article I argue that Jacques Derrida is correct in holding that the law is always an authorized force but that he is mistaken in suggesting that its ultimate font or origin (what he calls the ‘mystical foundation of authority’) is an originary or ‘foundationalional’ act of violence. I suggest that Derrida and, more recently, Jens Bartelson fall prey to a curious, one-sided narrow view of ‘foundationalism’ and contrast their overly ‘architecturalized’ image of the ‘foundation’ of authority with (...) the foundationalism of Thomas Hobbes which is, I shall argue, architectural only as and when appropriate. I also suggest that Hobbes helps us to see that the state, strictly speaking, does not ‘have’ or ‘exercise’ authority but that it is, rather, the font or source of the authority wielded by its (empirical) government. Key Words: Jens Bartelson • Jacques Derrida • Thomas Hobbes • justice • Immanuel Kant • law • Michel de Montaigne • Blaise Pascal • violence. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

The article discusses how the meaning of the principle of “non-resistance to evil by violence” was changing in L.N. Tolstoy's religious and philosophical teachings and how this principle was evaluated in Russian religious philosophy of the late XIX - early XX century. In the first version of Tolstoy’s teachings, set forth in the book “What is my faith?”, the principle of non-resistance was understood in a moral sense, as the norm for all people; its execution should lead to the (...) perfection of earthly life. This idea of L. Tolstoy was sharply criticised by his contemporaries, who noted that there was no truly religious content in Tolstoy’s teachings, it was turning into a utilitarian doctrine of the earthly progress of mankind. Given this criticism, Tolstoy in his later works changed his understanding of the principle of non-resistance. Drawing a distinction between two levels of human life - “animal” and divine, Tolstoy recognised the principle of non-resistance to the law as the divine life of a man. As a result, the principle of non-resistance has acquired a religious rather than moral meaning, since the transition of a man to a divine life means a mystical transformation of his being. He is aware of his super-spatial and super-temporary unity with all people and with all being, and therefore can evaluate the consequences of his actions not only in the limited sphere of his life, but also in all infinite being. In this regard, a person realizes the absolute superiority of good deeds over evil, even if the latter are committed to confront evil. It is shown that some critics of Tolstoy came to a similar understanding of the religious meaning of the principle of non-resistance at the end of their lives. (shrink)

In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific theory choice combined with a (...) highly plausible claim about the connection between scientific theory choice and theory choice in metaphysics. I present and defend this argument and then show how the resulting understanding of governance gives rise to an especially strong version of recent explanatory circularity arguments against Humeanism about laws of nature. Finally, I present three options for a further understanding of the governance relation that are compatible with my argument. (shrink)

This article examines Pauline Kleingeld’s “volitional self-contradiction” (VSC) interpretation of Kant’s formula of universal law. It begins in §1 with an outline of Kleingeld’s interpretation and then proceeds in §2 to raise some worries about how the interpretation handles Kant’s egoism example. §3 considers VSC’s handling of the false promise example comparing it in §4 with the Logical/Causal Law (LCL) interpretation, which arguably does better than its VSC competitor in handling this example. §5 deploys the LCL interpretation to consider the (...) related objections that the VSC interpretation is “superfluous” or at least “misguided” as a (formal) criterion of the permissibility of action on a maxim. These objections, it is argued, help reveal two distinct roles for contradictions in Kant’s applications of the formula of universal law – one for delivering moral judgments and one reflective of a formal coherence constraint on all deliberation having psychological significance for agents who contemplate violating duty. Disentangling these helps reveal some of the complexity in the use to which Kant puts the formula of universal law in his sample applications revealing the true significance of what Kleingeld refers to as volitional self-contradiction. In §6 is summary. (shrink)

The Hebrew phrase tikkun olam means repairing, mending or healing the world. Today, the phrase tikkun olam, particularly in liberal Jewish American circles, has become a slogan for a diverse range of topics such as activism, political participation, call and pursuit of social justice, charities, environmental issues and healthy nutrition. Moreover, the presidents of the United States who attend Jewish religious days and Jewish ceremonies state the tikkun olam in its Hebrew origin, pointing out its origin embedded in the Judaism (...) and a religious rule and/or an obligation that is important in Jewish tradition and thought. Nevertheless, when we look at the context of religious literature in which the phrase is used, it is seen that, although it is difficult to make a clear definition, it does not reflect modern/widespread uses and their meanings. Furthermore, tikkun olam is an ignored and even rejected concept by the Rabbinic Judaism which claims to represent the tradition and its current representative Orthodox Judaism. This fact is also seen in the usage and prevalence of the term in the U.S. and Israel. Thus, in this article, especially with reference to the norms of Mishnah, the religious-juristicial contexts and possible meanings of the phrase of tikkun olam, the notion of tikkun olam in Jewish liturgy and its implied meaning and the Kabbalistic understanding of tikkun will be presented, the development, changing and conversion of the phrase in modern age and its contemporary usage areas and reinterpretations will be demonstrated.Summary: Recently and especially in the U.S., the Hebrew phrase tikkun olam are used as a slogan in a widespread manner such as for activism, political participation, social justice, all kinds of charities, environmental issues, counter terrorism and healthy nutrition. Such a common usage of the phrase is largely the result of its literal meaning and ambiguity. Hence, this article aims to explore the place of the concept of tikkun olam in Jewish religious literature and its variations and semantic changes. Tikkun olam, literally means the repairing, mending or healing the world. However, regarding its religious context, it is difficult to determine what it means accurately. In time, some has used the tikkun olam as a legislative justification for changing specific laws, some has attributed to it an eschatological meaning which indicates to the mesianic age, and some has dicussed it in the context of mystical sense. The first usage of the phrase of tikkun olam in the Jewish religious literature was simply in the form of “because of tikkun olam” in Gittin epistle, a tractate of Mishnah and Talmud. Here, the phrase was used as a reason of a judgment concerning to the subjects of marriage, divorcement, slavery, captivity etc. In the context of these subjects tikkun olam indicates to the similar meanings like “repairing, organizing, healing, changing the world; regulating and improving the society, maintaining the social order, and prioritizing the common good. In fact, the concept of tikkun olam as the reason of the judgements in these matters is likely related to a juridical reason that intends to ensure the personal and public welfare such as clarifying the marital status of woman, to prevent the capture and seizure from Jewish society, and to deal with economy and identification of juridical status of the slaves.The other reference to tikkun olam appears in the second part of the aleinu prayer. However, the notion of tikkun olam in the aleinu prayer refers to a situation that happens in God’s Kingdom if Torah and halakhah are followed carefully. Hence, the aleinu prayer’s tikkun olam points out eschatological expectation which desires a messianic age, but not the socio-political and ecological concerns of the world as in the current fields and meanings.The modern idea of tikkun olam is also associated with the Jewish mystical movement, Kabbalah. Nonetheless, the concept of tikkun in Kabbalah is not a concept related to the socio-political circumstances of the world where we live in, but it is related to the restoring of the divine world. In order to restoring the divine world, human should fulfill the commands by studying Torah and have a spiritual and moral rehabilitation process by engaging in ascetic practices.The use of the phrase of tikkun olam gradually progress in the socio-political life of the U.S. The first use of the expression of tikkun olam in the U.S. was in the 1950’s by Shlomo Bardin, the founder of the Brandeis Camp Institute in California. Bardin asserted that the Aleinu prayer was the most important expression of Jewish values, particularly the expression “le-taken olam be-malchut shaddai” that is typically translated as “when the world shall be perfected under the reign of the God.” Bardin suggested that these words referred to the obligation of Jews to work for a more perfect world. The concept of tikkun olam entered contemporary usage by the way of its being preferred as a name to those such as social justice and charity programmes which was launched by the Reformist and Conservative groups in the second half of the twentieth century. In 1970s, United Synagogue Youth which is the national youth foundation of the conservative movement adopted the expression of tikkun olam and changed the title of its social action programs from “Building Spiritual Bridges” to “Tikkun Olam.” Nowadays, United Synagogue Youth proceeds all of its social activities and tzedakah programs through the tikkun olam project.By the end of 1970’s, New Jewish Agenda, an organization devoted itself to the religious and social values, acknowledged the slogan of “Tikkun Olam” as the spirit of its ideology. In 1986, Michael Lerner entitled a left-oriented liberal publication with the concept of Tikkun by claiming that this concept represented the origin of Judaism, and he take an important role on making the concept have a prevalence.Pittsburgh Platform organized in 1999 by the Reformist Jewish Movement emphasized that people must perform the most significant moral principles in the relationships with all non-Jewish people and all other creatures. This platform also stated that making the world a better place with the help of God would quicken the upcoming the messianic age. The tikkun understanding of the Reformist movement evolved to more universal realm by embracing the non-Jewish people, as well. Over the last two decades, successive presidents of the U.S. who attended in the ceremonies of Jewish religious days and Jewish assemblages have contributed to the prevalence and usefulness of tikkun olam by mentioning the phrase of tikkun olam in Hebrew, expressing that this is an essential principle of Judaism and addressing that this has a central role in Jewish tradition and thought. On the other hand, this concept does not have an important or a central place in Rabbinic Judaism and even in Orthodox Jewish communities which are the current representatives of Rabbinic Judaism. Moreover, Reformist, Conservative, and Reconstructionist American Jews who are considered on the liberal side of the politics has put the concept on the current use and the world’s agenda. Thus, the phrase of the tikkun olam is more popular in non-Judaic milieux in the U.S. than the Jews in Israel. In Israel where the Orthodox doctrine is dominated and shaped the people, tikkun olam is regarded as a western value and is ignored. (shrink)

A partir de la expresión Amado de mi alma, Guillermo de Saint Thierry subraya uno de los elementos principales de su doctrina espiritual. A partir de la Expositio in Canticum Canticorum, nuestro autor comenta cómo la Esposa elogia al Esposo a través de esta fórmula, confiriéndole en ello, un sentido particular en la relación de los amados; pues este amor tiene un cierto gusto de aquel a quien busca: sensum quemdam. Amor que es comunicado al hombre para que él ame (...) a Dios, como Dios se ama. Por ello, la Esposa dice a los centinelas: "¿Habéis visto al amado de mi alma?". Estas palabras no solo denotan su afecto, sino permiten considerar que el alma misma experimenta la presencia de Dios. Guillermo de Saint Thierry ofrece una analogía en la que intenta transmitir que en esta comprensión del amor, el amante se transforma en el amado. From the expression Beloved of my soul, William of Saint-Thierry highlights one of the main elements of his spiritual doctrine. From Expositio in Canticum Canticorum, the author comments how the Bride praises the Bridegroom through this formula, thus giving it a particular sense in relation to the beloved ones because this love somehow likes the one he looks for: sensum quemdam; love that is communicated to man so that he can love God, as God loves himself. For this, the Bride says to the sentinels: "Have you seen the beloved of my soul"? These words do not only reveal her affection, but also allow considering that the soul itself experiences the presence of God. William of Saint-Thierry offers and analogy to transmit that, in this comprehension of love, the lover becomes the beloved one. (shrink)

The law consists of both internal and external rules, but in both cases they regulate the behaviour of the subjects towards each other. This can be viewed from a phenomenological perspective in the sense that people have a drive to make sense of their world, and the rules that are developed essentially enable them to relate to the world in this way. If anything interferes with this drive, then it causes peoples’ existential upset. That is why the state (...) both enforces these rules between its own nationals, but also with regards to the outsiders. However, in doing so, the state must also be mindful of ensuring that it interprets the rules fairly. If it does not do so, then this may negate the purpose of law by causing the existential unrest. Although in the past this may have been done on a national basis, in that it has been necessary to maintain just the national values of a state in order to ensure that people could lead their lives, globalisation has altered the identity of people. They are no longer just national citizens, but also global citizens, and are increasingly relying on global values to fulfil their existential nature. (shrink)

The border is an area where the rule of law has often found difficulty taking root, existing as law-free zones characterized by largely unbounded legal and administrative discretion. In his important new book, The Rule of Law in the Real World, Paul Gowder deftly combines historical examples, formal models, legal analysis, and philosophical theory to provide a novel and compelling account of the rule of law. In this paper I consider whether the account Gowder offers can provide the tools needed (...) to bring the border under the rule of law. I argue that on Gowder’s account, there are two ways in which we might try to extend the rule of law to the border.The first is to look at concrete connections that current citizens or members of the political community have with non-citizens. Just as the interests of current citizens give them strong reasons to coordinate to establish the rule of law in their own community, so may the interests of current members in connections with nonmembers give them reason to work to extend the rule of law to the border. These interests can include family ties, other forms of personal relationships, offers of employment, intellectual connections, and others. Some of these connections already serve to give greater legal protections, including protections from arbitrary decision-making, to some non-citizens, and the general trend, I argue, can and should be further strengthened The second method for extending the rule of law to the border involves appealing to certain universal norms so as to build a sense of community that stretches beyond borders. While these norms are not as robust or well established as domestic law, and therefore are unlikely to extend all of the protections of the rule of law to all people at the border, they can, I argues, be a basis for working against the worst arbitrary actions by border officials. I conclude by considering the vexed dispute about providing “amnesty” for unauthorized immigrants in the United States and other countries. I argues that Gowder’s account of the amnesty provided to supporters of the oligarchic coups in ancient Athens provides a model for thinking about when and how amnesties for unauthorized migrants can be done without offending the rule of law, thereby making them more palatable to current citizens. (Please download this paper for free from SSRN on the link provided on this page). (shrink)

Jung's explanation of the religious tendency of the psyche addresses many sides of the contemporary debate on religion and the role that it has in individual and social life. This book discusses the emergence of a new mythic consciousness and details ways in which this consciousness supersedes traditional concepts of religion to provide a spirituality of more universal inclusion. _On Behalf of the Mystical Fool_ examines Jung's critique of traditional western religion, demonstrating the negative consequences of religious and political (...) collective unconsciousness, and their consequent social irresponsibility in today's culture. The book concludes by suggesting that a new religiosity and spirituality is currently emerging in the West based on the individual’s access to the sense of ultimacy residual in the psyche, and seeking expression in a myth of a much wider compass. This book will be of interest to scholars and students at all levels who are engaged in the expanding field of Jungian studies. It will also be key reading for anyone interested in the theoretical and therapeutic connections between the psyche and religious experience. (shrink)

Dervish lodges and cults were among the important elements of the Ottoman social life and in those times, they had spread to nearly all city centers, towns and villages. Dervish lodges served as non-formal educational institutions for people from all ages and all segments of the society. In addition to education, these structures also played important roles in political, economic, social and military life of the Ottoman Empire. In general, wise people and scholars contributed to the development and dissemination of (...) Islamic sciences in general, and specifically, mystic thought. As a matter of fact, it was determined that there were a great number of Dervish lodges that were founded or supported by shaykh al-Islam (the chief justice), kādī (judge), scholars and mudarrisīn (teachers) in the history of sufism. One of them was Mullah Çelebi Dervish Lodge, which was founded in the 16th Century by Mehmed Vusuli Efendi, who belonged to the Ilmiya class (d. 998/1590). Until today no detailed studies have been conducted on lodges, which continued their existence until 1925. For this reason, this article will be the first study that deals with the dervish lodges in the light of archive sources. In this article, which was written to shed light on the course of our sufi cultural history, the prominent names, shaykhs and physical status of the Dervish lodges, especially Mehmed Vusuli Efendi, who was the founder of these lodges, will be dealt with.Summary: Our country, which hosts scientific moral centers like dervish lodges, school, madrasa and masjids, has a rich historical cultural treasure. As it is already known, the above-mentioned institutions had an important place in the life of Ottoman social life. Dervish lodges and madrassas were considered as science and wisdom centers because there is no distinction between zāhir (exterior) and bātin (interior) in our tradition. Under then-present conditions, the institutions that were needed most were supported. In this sense, the sultans and scholars cared about the dervish lodges, which were the places where sciences were studied contributing to the construction of these structures. One of these was Mullah Çelebi Dervish Lodge, which was founded in the center of Eyupsultan by the Ottoman man of letter, poet and scholar, Mehmed Vusuli Efendi (d. 998/1590).Mullah Çelebi Dervish Lodge is located in the Debbaghane/Tabakhane (Tannery) district in the center of Eyupsultan. As Suleyman Çelebi stated, “the valiant ones worked in the Tannery”. For this reason, it is possible to say that there were tanners among the disciples and followers of Mullah Çelebi Dervish Lodge.Mullah Çelebi Dervish Lodge was built by Mehmed Vusuli Efendi, who belonged to the scholar class in the Ottoman Empire. Mehmed Vusuli Efendi, who served as a professor in various madrasahs, served as a kādī in cities like Konya, Kutahya and Istanbul. Mehmed Vusuli Efendi was called “Mullah” because of his madrasah origin and “Çelebi” because of being a member of the scholar class. For this reason, dervish lodge in question was known as Mullah Çelebi Dervish Lodge in his honor. Sources mention the religious, knowledgeable and modest personality of Mehmed Vusuli Efendi. In this sense, the establishment of a dervish lodge by someone from the scholar class is important in terms of being a sign of the togetherness of dervish lodges and madrasahs in the Ottoman Empire. In addition to his scientific personality, Mehmed Vusuli Efendi was also an important figure who wrote works both as prose and as poetry, and made some translations into Turkish. In addition to the Dervish Lodges mentioned here, Mehmed Vusuli Efendi also established mosques and public baths in various places in Istanbul and was interested in charity works. Cemaleddin Server Revnakoglu stated that he was given the nickname “FındıklıÇelebi” because he had established a mosque in Fındıklı District.Mehmed Vusuli Efendi was the son-in-law of Aise Hubbi Hatun (d. 997/1589), who was one of the lady poets of the 16th century divan literature. Aise Hubbi Hatun was the granddaughter of Kanuni Sultan Suleyman’s foster brother Yahya Efendi from Beşiktaş. Aise Hubbi Hatun was also the wife of Semsi Çelebi, who was one of the grandchildren of Aksemseddin. In this sense, Aise Hubbi Hatun was a person who served in the palace during the reign of Selim II. According to the sources, Mullah Çelebi was appointed to a post that was as high as being the kādī of Istanbul with the help of Aise Hubbi Hatun, who was one of the prominent figures of the palace. For this reason, Mehmed Vusuli Efendi was also known as “Hubba/Hubbi Mullah”.In the present study of ours on Mullah Çelebi Dervish Lodge, one of the most prominent lady poets was Serife Zubeyde Fitnat Hanım (d. 1194/1780). In the sources, some authors discussed whether Fitnat Hanım’s tomb was in Mullah Çelebi Dervish Lodge. Since there is no inscription on it, the tomb of Mehmed Vusuli Efendi was assumed to belong to Fitnat Hanım. Actually, in the past, Istanbul Tombs and Museums Directorate hung a plate saying that the tomb in question belonged to Fitnat Hanim. However, Bilgin Turnalı revealed that the tomb of Fitnat Hanım was not in the Mullah Çelebi Dervish Lodge in his article with the title “The Tomb of the Poet Fitnat Hanım”.The archive sources, which we can examine on Mullah Çelebi Dervish Lodge, generally belong to the 18th century and onwards. For this reason, the information on the establishment years of the Dervish Lodge was not determined fully. However, some of the archive sources reported some revenues of Mullah Çelebi Dervish Lodge. For example, it was recorded in the archives that payments were made to this Dervish Lodge in Muharramiya activities. As it is known, ceremonies were held in the Ottoman Palace in the month of Muharram, which was the initial month of the Hijri calendar, and a number of people and institutions in Istanbul and its surroundings were paid by the Sultan under the name of “Muharramiyya”.In Mullah Çelebi Dervish Lodge, there were some prominent shaykhs like Mahmud Efendi and Nureddin Efendi. For example, since Mahmud Efendi had a lot of influence on the lodge, it was named after him for a period of time. Another prominent shaykh in the above-mentioned dervish lodge was Nureddin Efendi. As a matter of fact, he was closely interested in the maintenance and repair works of the dervish lodge and the activities related to the cults, and applied to Evkāf-i Humāyūn many times for repair works. Mehmed Esref Sabri Efendi, who was the shaykh before the last one in this dervish lodge, contributed to the training of many people of cult, especially Saadeddin Ceylan, who was the shaykh of Haki Baba Lodge. The last shaykh of Mullah Çelebi Dervish Lodge was Hafiz Hussein Kamil Efendi, who was the son-in-law of Mehmed Esref Sabri Efendi.When the physical condition of Mullah Çelebi Dervish Lodge is examined, it is understood that it was ruined in some periods in the history due to erosion; and for this reason, it had renovations. It was determined that Mullah Çelebi Dervish Lodge, which belonged to the Kadiriyye cult, remained until the last period of the Ottoman Empire; however, after the closure of the dervish lodges in 1925, it disappeared rapidly. In our present day, two tombs that belong to Mehmed Vusuli Efendi and Aise Hubbi Hatun and a graveyard where the members of the lodge were buried are left behind from this Dervish Lodge. As it is known, Dervish Lodges had an important place in the religious, scientific, political and economic life of the Ottoman society. In this article, which was planned to examine the Ottoman sufi culture, the historical course of Mullah Çelebi Dervish Lodge, its founder, shaykhs, physical location, etc. were discussed in the light of the archive sources. (shrink)

The dissertation entitled Jacques Maritain and the Centrality of Intuition is a study in the influence of Henri Bergson's notion of intuition in the thought of Jacques Maritain. It is argued that Maritain used tenets from Thomistic philosophy to transform Bergsonian intuition, first by putting intuition back into the intellect from which Bergson in fact severed it. It is also argued that, although Bergson in fact put a wedge between intellect and intuition, that was not his intention. Because Bergson in (...) fact separated intuition from the intellect, however, Maritain accused him of being anti-intellectual. Contrary to Maritain's criticism, it is argued that Bergson was anti-intellectual only in the sense of criticizing a bad use of intelligence, but not in the sense of criticizing intelligence as such. Maritain then interprets Bergson's intuition as an immediate knowledge of reality in two ways: first, as the intellectual metaphysical intuition of being yielding a concept of being as being in its analogical amplitude and as not intrinsically linked to matter; second, as various and analogous modes of intuition by way of affective connaturality, i.e., an obscure, but deep and penetrating knowledge of the very subsistence of a thing by bypassing the concept. Various modes of affective connaturality are described, namely, the connatural knowledge of the virtuous person, of the prudent person, of the natural law itself, of the mystic, the lover, and the poet. In connatural knowledge, intuition is seen to be both intellectual and emotion-laden. Given the various modes of intuition explored by Maritain, it is argued that intuition is central to Maritain's thought. It is further argued that the content of one's experience of the self and being known in the various modes of connatural knowledge is stored in the depths of the spiritual preconscious of the soul and acts as an indirect cause that disposes one to have an intuition of being should one be so gifted. In addition, connatural knowledge of being is also an indirect cause of creative insights in science, mathematics, and in all other kinds of knowledge. A kind of poetic intuition is at work everywhere, even when subordinated to the ends of some other kind of knowledge. Consequently, it is necessary to be a contemplative, especially for the philosopher who needs to be attuned and receptive to the mystery of being if he/she is to be gifted with the metaphysical intuition, without which one cannot be an authentic metaphysician of existence. The thought of Henri Bergson, Pierre Rousselot and the Maritain Thomist, Joseph Sikora, S. J. is heavily relied on in the exposition of the thesis. (shrink)

In 1969, John McCarthy and Pat Hayes uncovered a problem that has haunted the field of artificial intelligence ever since--the frame problem. The problem arises when logic is used to describe the effects of actions and events. Put simply, it is the problem of representing what remains unchanged as a result of an action or event. Many researchers in artificial intelligence believe that its solution is vital to the realization of the field's goals. Solving the Frame Problem presents the various (...) approaches to the frame problem that have been proposed over the years. The author presents the material chronologically--as an unfolding story rather than as a body of theory to be learned by rote. There are lessons to be learned even from the dead ends researchers have pursued, for they deepen our understanding of the issues surrounding the frame problem. In the book's concluding chapters, the author offers his own work on event calculus, which he claims comes very close to a complete solution to the frame problem. Artificial Intelligence series. (shrink)

There are multiple and diverse voices of jurists who have expressed their fear of the unrestricted power of law enforcement and have announced the crisis of the formalist sense of Law. The widespread reaction against the abstract and formalist character of the positivist theory of law manifested itself as the Krausist philosophy of law and was backed by the philosophy of Krause, Schelling, Hegel and the most recent Natural Law theories that seek to establish substantial criteria for moral action. (...) This distrust was caused by the heteronomy of modest and obedient civil servants of the judicial order that rely on political balance of power in which nothing depends on the human bottom of institutions. Let us consider briefly the impressive analyses performed by different thinkers on this issue, which they considered characteristic of their era, but that continues to constitute a difficulty that challenges contemporary society. (shrink)

Vietnam is implementing global socio-economic integration, so the law must also be renovated to meet the requirements of international integration. Because the law is attached to the country's institutions, it shows the consistency in Vietnam's politics, economy, and diplomacy. In the world, the rule of law is a typical value that humanity aims for because it upholds the law, expressing our nation's aspiration for a democratic and equal society. Therefore, Vietnam has built a socialist rule of law. To achieve this, (...) Vietnam must ensure the free power of its citizens, promote the democracy of the state, and ensure that power belongs to the people. The paper uses a materialist dialectical method to examine the building of civic consciousness that promotes the perfection of Vietnam's current socialist rule of law. At the same time, the article also uses analytical methods and synthetic methods to clarify the sense of citizenship in the Vietnamese state, Vietnam's political institutions, and the development of the socialist rule of law is correct. (shrink)

O artigo clarifica em que medida a Lógica, no sentido mais comum e até ingênuo do termo, enquanto composta pelas leis necessárias do pensamento correto, pode ser entendida como Mística. Isto parece estranho, pois a Mística é normalmente entendida como uma vivência de superação das dualidades, onde o pensamento racional colapsa e encontra seu limite. Já a Lógica é entendida como paradigma de pensamento racional. Argumenta-se que as leis mais gerais da razão e do discurso se relacionam com a Mística (...) na medida mesma em que o fundamento da razão é equacionado ao seu limite. A linguagem encontra-se assim com o silêncio e as leis e fundamentações não mais operam como tais. Conclui-se que a adesão necessária que acompanha o colapso entre o sentido e o valor de verdade de determinadas expressões linguísticas constitui o que chamamos de vivência mística. Trata-se de uma vivencia a qual somos conduzidos pelo próprio funcionamento de nossa significação e, ao mesmo tempo, institui o que se compreende por experiência religiosa. Palavras-chave : Mística. Wittgenstein. Lógica. Intensão. Extensão.This paper clarifies the extent to which Logic, in the usual sense (and even naïve) of the term, as composed of the correct thinking’s necessary laws, can be understood as Mystic. This seems strange, because the Mystic is usually understood as an experience of overcoming the dualities, where rational thinking collapses and finds its limit. On the other hand, the logic is understood as the paradigm of rational thinking. It is argued that the most general laws of reason and speech are related to Mystic in the sense that the foundation of the reason is equated to its limit. The language lies thus with the silence and the laws and justifications no longer operate as such. We conclude that the adherence necessary that accompanies the collapse of meaning and truth value of certain linguistic utterances is what we call mystical experience. It is about an experience to which we are led by the workings of our linguistics meaning, establishing what is meant by religious experience. Keywords: Mystic. Wittgenstein. Logic. Intension. Extension. (shrink)

The question of legal optimism presupposes the development of a normative stance regarding the law’s evolution. Only with a sense of where the law should be going can one be optimistic—or pessimistic for that matter—regarding its development. Thus, the possibility of legal optimism depends on disclosing the normative stance toward the law’s evolution suggested by the law’s moral creativity. What we need is a legal theory for civil society analogous to our legal theory of the market.

This book combines metaphysics, aspects of modern logic, and legal theory in order to conceptualise a wrong in law's claim of right. The book takes as its starting point a restriction on the freedom of concept formation that is dictated by classical logic's inability to handle antinomies in reason's attempts to constitute its own foundations. Relating this to law's claim of right, the notion of 'wrong' does not fasten on law's violence or injustice, and neither does it seek to elaborate (...) a moral or ethical critique of law. On the contrary: it is sceptical of, and seeks an alternative to, the various ethical turns of recent legal and political theory. The 'wrong' of the wrong of law is logical and epistemic in character. It is a failure or refusal to recognise the cognitive relevance of contradictions of self-reference. In this respect, The Wrong of Law draws on a metaphysical-logical development from Kant via Hegel and Marx to the foundations of modern logic, in order to establish the sense in which a restriction on self-reference amounts to a limitation on truth-seeking or comprehension. This limitation is then demonstrated through analysis of the reasoning in a series of legal cases in Australia, concerning Indigenous peoples. This book will be of significant interest to scholars in critical legal theory, the philosophy of law and jurisprudence; as well as others with an interest in foundational studies across the disciplinary borders of metaphysics, mathematical logic, sociology and legal theory. (shrink)

For centuries, mystically inclined practitioners from various religious traditions have articulated anomalous and mystical experiences. One common aspect of these experiences is the feeling of the loss of the sense of self, referred to as “self-loss.” The occurrence of “self-loss” can be understood as the feeling of losing the subject/object distinction in one's phenomenal experience. In this article, the author attempts to incorporate these anomalous experiences into modern understandings of the mind and “self” from philosophy and psychology. Accounts (...) of self-loss from religious literature along with similar accounts from recent nonreligious writers, suggest that self-loss accounts are potentially legitimate descriptions and not simply the result of religious apologetics. Specifically, I examine self-loss through the lens of philosopher Daniel Dennett's theory of “self as the center of narrative gravity.” I argue that Dennett's understanding of the self, if correct, allows for the relegitimation of self-loss experiences rooted in current views from the psychological literature, rather than rooted in metaphysical religious claims. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.2 (2001) 313-333 [Access article in PDF] Vestige of the Third Force: Willem Bilderdijk, Poet, Anti-Skeptic, Millenarian Joris van Eijnatten One of the unfortunate consequences of Babel is that only the Dutch read Dutch poetry. 1 Although English-speaking historians may have heard of the seventeenth-century poet Joost van den Vondel, who generally qualifies as the greatest literary artist of the Netherlands, virtually no (...) one outside Holland knows Willem Bilderdijk (1756-1831), poet, jurist, and man of learning. Robert Southey, having met the poet at his home in Leiden in 1825, lamented several years later the fact that Bilderdijk's fame had not traversed national boundaries: "And who is Bilderdyk?" methinks thou sayest: A ready question; yet which, trust me, Allan, Would not be asked, had not the curse that came From Babel, clipt the wings of Poetry. 2When Southey sojourned in the Netherlands, Bilderdijk had already established his reputation as one of the few unconventional figures in Dutch history, comparable, in this sense, to Coornhert and Spinoza. The most outstanding poet of his age, he dominated nineteenth-century Dutch literature through his versatility, rhetorical prowess and sheer output. He is reputed to have written 300,000 lines of verse, not counting his unpublished poems. He practiced virtually all literary genres, from Pindaric odes and erotic rhyme to didactic poetry. Versed in the classics, he wrote numerous translations of, among many others, Homer, Sophocles, Anacreon, Callimachus, Horace, and Ovid. Bilderdijk was a prolific [End Page 313] writer of essays on subjects ranging from moral philosophy, epistemology, and natural law to aesthetics, architecture, and botany. He translated theological and devotional works, including Thomas Chalmers's Evidence and Authority of the Christian Revelation, Chrysostome's sermons, and books on freemasonry and pneumatology. Besides contributing to perspective drawing, he wrote the first geological study in Dutch. His History of the Fatherland appeared posthumously in thirteen volumes. He himself regarded his linguistic studies and literary essays as his main achievement. Bilderdijk filled thousands of pages with his idiosyncratic views on the gender of nouns, the alphabet, grammar, spelling, medieval manuscripts, tragedy, and drama in general.Not surprisingly, Bilderdijk's varied interests and comprehensive mind have led to different interpretations of his thought. Most are one of two kinds. Writers subscribing to the first interpretation regard him as a somewhat strange but devout apologist for Calvinist orthodoxy. They stress the fact that Bilderdijk was the only intellectual who, in the midst of the soul-destroying rationalism propounded by a complacent liberal establishment, dared to cry out against Revolution and Enlightenment, thus revivifying the religious heart of the nation. 3 Those who follow the second interpretation emphasize the Romantic nature of his thought. This group tends to look upon Bilderdijk as the only true Dutch Romantic, a Wordsworth and Coleridge combined, a metaphysical if rather erratic genius who outgrew the intellectual marshlands of his native country. Writers in this tradition stress his definition of poetry as a spontaneous overflow of feeling, his linguistic achievements, his preoccupation with geology, and his visionary view of Dutch history. 4 One major interpreter, commenting on Bilderdijk's "real position as a philosopher," has stated that "to me there can be no doubt that Bilderdijk should be placed among the post-Kantian idealists like Fichte and Schelling (cf., again, Coleridge!)." 5Such statements are largely products of wishful thinking. Bilderdijk was not a devout Calvinist. He hardly ever went to church, his theology exhibits suspiciously heterodox leanings, and his professed adherence to the doctrine of predestination had less to do with a profound knowledge of the articles of Dort than mystical resignation. Similarly, the depiction of Bilderdijk as a post-Kantian idealist is sympathetic but lacks any evidence. Some literary historians have [End Page 314] tried to salvage the "Romantic" nature of his poetry, but the result is not particularly convincing. 6"And who is Bilderdijk," to echo Southey, if he was neither a Calvinist nor a Romantic? How should one interpret his thought? What should one do... (shrink)

The traditional perspective on emotions assumes an unassailable dualism between emotions and reason. For common sense, including legal common sense, emotions are always dangerous and have nothing to do with rational decision-making. Nonetheless, the Aristotelian perspective regarding the relationship between emotions and reason is extremely enlightening. The relationship between emotions and law has been studied by a large range of scholars from different legal movements and with diverse objectives. This chapter is based on three theoretical pillars: Aristotle’s theory (...) of emotions as elaborated in Rhetoric and Nicomachean Ethics, Aristotle’s view on the close relationship between reason, emotions and phronesis as elaborated in the Nicomachean Ethics, and a specific contemporary view: Jurisprudentialism. We assert that through a Jurisprudentialist analysis of Law as an open task and through Aristotle’s account of emotions, the challenges of legal education could be more realistically reassessed. (shrink)

The question of whether a mistake of law should negate or mitigate criminal liability is commonly considered to be pertinent to the culpability of the agent, often examined in light of the (epistemic) reasonableness of the mistake. I argue that this view disregards an important aspect of this question, namely whether a mistake of law affects the rightness of the action, particularly in light of the moral significance of the mistake. I argue that several plausible premises, regarding moral rightness under (...) uncertainty, the nature of law and the moral significance of law, entail a positive answer to this question. Specifically, I consider this argument: (1) one (subjective) sense of moral rightness depends on the (epistemically justified) belief of the agent concerning a non-moral fact that is morally significant; (2) a law is (partly) a non-moral fact; (3) a legal fact might be morally significant; (4) therefore an action that is compatible with an applicable moral standard, in light of the mistaken (justified) belief of the agent concerning a morally significant law, is (subjectively) right or less wrongful; (5) the (subjective) moral rightness of an action counts against criminal liability for this action; (6) therefore an action that is compatible with the applicable moral standard, in light of the mistaken (epistemically justified) belief of the agent, counts against criminal liability for the action if the law is morally significant. (shrink)

The Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is concerned with the social validity of the rules and Legal Theory with the formal or legal validity of the rules. It can be argued that both disciplines are two different perspectives of the same empirical reality (legal rules). Also, legal System and social milieu are two closely linked realities; they cannot be separated because they need each other. The (...) Law is the form or order that the social milieu takes, and, at the same time, the social environment provides the ideas, collective representations and other matters that need a legal regulation. For this reason, the epistemological separation between Sociology and Legal Theory must be overcome when the theoretical perspective comes to legal decisions. Thus, the decisional moment becomes the meeting point between the legal System and the social milieu. This is where the concept of the legal System fulfils its main function, as it allows for the dynamism and adaptability of the legal order. The hermeneutic re-elaboration of the normative texts will be the channel through which the social facts and other material elements can inform the meaning or possible interpretations of the rules and institutions of the legal order. This happens primarily by influencing theoretical and doctrinal works of an expository and didactic nature; and secondarily by influencing the decisions of legal operators and courts. This study seeks to explain how the social context influences legal decisions and the formation of the legal System, from a communicational perspective of Law. In order to do so, it will be necessary to set out two epistemological premises of CTL: the semiotic tripartition of the Theory of Law and the legal Order-legal System distinction. (shrink)

"[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...) the ideal of the rule of law is that people ought to be governed by law. This general ideal has at least two main components. First, it requires that governments, namely, de facto political authorities, should rule, that is, guide their subjects' conduct, by law. Second, it requires that the law by which governments purport to rule should be such that it can actually guide human conduct." "The idea that governments should rule by law must be premised on the assumption that rule by law, regardless of the laws' specific content, is to be preferred to governance by other means of social control. And this immediately brings us to the second component of the rule of law, namely, that the law must be such that it can actually guide human conduct, and the further assumption that these necessary features of law embody certain virtues. In other words, unless we can first articulate what is unique about legal means of social control, and explain why those features promote certain goods, we cannot ground the idea that governments should rule by law." Discusses ways, following mainly Fuller, one can fail to make law. Notes that these are functional goods for the regulation of human behavior. They may have a connection to other things we value. We should not assume, though, that greater instantiation of these ideals is always better - sometimes ideals conflict such that more of one means less of another and "because such values, on their own grounds, set only a rough standard wherby gross deviations from it would be wrong." "Compliance with the generality-relevance principle is crucially important in safeguarding against such unjustified favoritism since it requires that the norm's subjects be those who qualify as such only on the basis of the reasons for enacting the norm in the first place." Though, we must recognize teh possibility of bad law in the sense of unjust discrimination. "It is part of the concept of law that the law purports to affect human behavior by introducing new norms and changing old ones. The concept of a norm and conduct-guidance by norms is an essential aspect of what the law is. Norms, as such, necessarily purport to provide reasons for action. A norm cannot provide a reason for action, however, unless its subjets are aware of the norm and regard it as a reason for action." Justifies some retroactivity in terms of the need for flexibility in any functioning legal system. "Legal positivism can accept the claim that law is, by its very nature or its essential functions in society, something good that deserves our moral appreciation. Nor is legal positivism forced to deny the plausible claim that wherever law exists, it must have a great many prescriptions which coincide with morality. There is probably a considerable overlap, and perhaps necessarily so, between the actual content of law and morality.". (shrink)

For (finitary) deductive systems, we formulate a signature‐independent abstraction of the weak excluded middle law (WEML), which strengthens the existing general notion of an inconsistency lemma (IL). Of special interest is the case where a quasivariety algebraizes a deductive system ⊢. We prove that, in this case, if ⊢ has a WEML (in the general sense) then every relatively subdirectly irreducible member of has a greatest proper ‐congruence; the converse holds if ⊢ has an inconsistency lemma. The result extends, (...) in a suitable form, to all protoalgebraic logics. A super‐intuitionistic logic possesses a WEML iff it extends. We characterize the IL and the WEML for normal modal logics and for relevance logics. A normal extension of has a global consequence relation with a WEML iff it extends, while every axiomatic extension of with an IL has a WEML. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by Isidore of (...) Seville in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

Philosophy of law is philosophy about law. common critical ontology examines the structure of the world which is hierarchical and is composed of four fundamental levels; the anorganic being, the organic being, the psychical being and the spiritual being, where we meet the personal, objective and the objectified spirit. the new critical ontology is science in the strictest sense of the word and consequently goes out from the total experience. critical legal ontology examines the essence of law and states (...) where the law belongs; in the ideal world or the real world, and states its place in these worlds. it appears that the so far unsolvable fundamental question, i.e., the problems of law and power, and law and revolution are easily and "cum ratione" sufficient to be solved on the basis of this new science. (edited). (shrink)

That "The Classics of Western Spirituality" should regard the man Dante hailed as "beyond the human in contemplation," and St. Bonaventure believed to be the medieval rival of the greatest patristic contemplative worthy of a special volume is not surprising. Richard of St. Victor’s masterful analysis of the ascent of the mind to God in contemplative prayer and meditation, emphasizing the individual’s relationship to other individuals as the paradigm of how the Three Divine Persons are related in their inner life (...) of love, is at the same time of psychological interest for anyone attempting to identify and classify the various mystical states medieval philosophers felt were necessary to characterize their spiritual growth. Since the bulk of the present translation is devoted to Richard’s two major attempts to systematize the discipline needed to attain contemplation, known more generally as Benjamin Minor and Benjamin Major, one might wonder why the work is being reviewed in the present journal. But while the major interest of this volume will undoubtedly be for those interested in ascetic theology, for the influence of Richard on subsequent writers from St. Bonaventure to St. Teresa of Avila is profound, nevertheless the relatively short third portion of the work is of sufficient philosophical importance to merit at least a brief note, namely bk. 3 of The Trinity. One would hardly expect a work of this sort to come from the pen of a mystic, for what Richard sets out to do is nothing short of a purely rational or metaphysical analysis of the "Athanasian Creed," which was recited almost daily by the Canons of the Abbey of St. Victor during the twelfth century. Because the inner nature and life of the Trinity, unlike creation or the salvation history of God’s intervention in the affairs of man, is a necessary consequence of what medieval thinkers believed God to be, rather than what he chose to do, Richard was convinced that with sufficient ingenuity one could theorize fruitfully as to why God must possess the various attributes we believe him to have and which are set forth in the aforesaid "creed," which stresses both the unity of God, the divine nature and all the divine attributes, while continually reminding its confessor of the trinity of "persons." In the Anselmian tradition of "faith seeking understanding" Richard seeks "necessary reasons" why God should not only be one but three. Most medieval thinkers have considered the trinitarian character of the divine nature to be the most profound of all the mysteries of the Christian faith. While reason may at best refute objections to a trinity of persons in one divine nature, it can hardly be expected to provide positive support for the doctrine. Richard, on the contrary, believed that St. Anselm had found the key to the "divine processions" in the fact that God is perfect love, with all that this implies. It is obvious the experience of "love" as an interpersonal sharing of the deepest kind, something St. Paul enjoined upon the Christians of the "Church of Corinth," is a far cry from what Sartre seemed to have reached in writing L'etre et néant or what that term connotes to our age, but it is not unknown to contemporary psychologists. Duns Scotus described the "perfect lover" in a Richardian sense as "Perfecte diligens vult dilectum condiligi!" It is especially in bk. 3 of The Trinity that Richard argues that a personal nature that is "summum bonum" must contain more than one person, and need contain no more than three. For the philosopher of religion interested in Richard’s metaphysical analysis of the Godhead, it would be profitable to preface the reading of Zinn’s fine translation of bk. 3 with the selections from bk. 1.—A.B.W. (shrink)

Synesthesia is a neurological phenomenon in which a single stimulus typically associated with one sensory modality automatically and involuntarily produces sensations not typically associated with that modality. I argue that synesthesia elucidates how two naturalistic theories of representation and phenomenal experience conflict. Strong representationalism holds that what an experience is like is determined by the experience’s representational content. Informational semantics holds that representational content is determined by causal co-variation between a representation and an external object or property. I argue that (...) according to informational semantics, synesthetes and normal perceivers represent the same content in different ways. However, according to strong representationalism, two experiences with the same content must be represented in the same way. Therefore, if strong representationalists want to account for synesthesia, they cannot hold onto informational semantics as a theory of mental content. (shrink)

Sense of Community and its Sustenance in Africa There is no gainsaying the fact that Africa is inundated with many problems which have made the development and the attainment of social order, conceived in normative terms, daunting tasks. It is also a fact that there are many causes of this scenario such as political marginalization, ethnic chauvinism, economic mismanagement, religious bigotry and corruption in its various facets. However, in this disquisition we identify the lack of the development, internalization and (...) application of the sense of community, loosely tagged community consciousness, as a major factor that has aggravated the African crisis and which if addressed can reverse the order of things positively. It is the contention of this paper that fundamentally in the case of Africa, as shown in countries like the Democratic Republic of Congo, Sudan, Cote d'Ivoire, Guinea, Liberia and Nigeria, there has been a blind pursuit of private or individual interests to the detriment of the public sphere or public good. Ironically too, when leaders put up repressive laws in the pretense to pursue the public good, the underlying motive has always been the pursuit of selfish private whims and caprices. We noted that in contemporary Africa a major way towards a desired level of social order and development consists in engendering the required sense of community (a situation in which there is mutual co-operation, interdependence and fellow-feeling) on which other developments can be predicated. Although, the quest and realization of the sense of community is not a grand solution to our myriad of problems in Africa, at least it forms the basis on which we can start to address our problems in Africa in a meaningful way. (shrink)