How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such research is (...) properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing. (shrink)

Criminal law abolitionists claim that legal punishment cannot be morally justified and that we should therefore abolish criminal law. While this is still a minority position in the current debate, the number of proponents has been increasing, and even opponents have developed a certain degree of sympathy for such claims in recent years. Yet one of the reasons many remain hesitant regarding the abolition of criminal law appears to be the lack of a thought-through alternative, in addition to abolitionists disagreeing (...) considerably amongst themselves on what an alternative should look like. I will call this the missing alternative objection. To address this central concern, I will argue in this paper that the most prominent versions of abolitionism actually converge on the same alternative core to criminal law — even though they are driven by vastly different motivations. This core that current abolitionist theories converge on is two-fold: first, the claim that the state should compel offenders to provide restitution for the victim; second, the claim that restorative processes should be used wherever possible when addressing criminal wrongdoing. This common core is enough to reject the missing alternative objection. (shrink)

Because of the transcendental emphasis of his critical works, Immanuel Kant has been criticised for not being able to accommodate the notion of multiplicity. This paper outlines a complex argument designed as a means to the rescue of Kant from this repudiation. To this end, the paper proposes a new, strong reading of the doctrine of aesthetic ideas that unveils the idiosyncratic play of the mental powers, constituted of two separate acts, that equips one to intuit an unnameable mark that (...) evades both empirical apprehension and logical comprehension. By analogy with the two types of cognition, stipulated in the Stufenleiter (and elsewhere), I shall suggest that the two distinct kinds of a feeling of pleasure, stirred up by the generation of an aesthetic idea, add an overlooked, aesthetic element that renders Kant a philosopher of multiplicity. (shrink)

The distinctive feature of Aristotle's philosophical discourse lies in its subtle transition, at a particular juncture, from metaphysical to ontological discourse. The proactive restoration of the original metaphysical framework pertaining to specific concepts facilitates the identification of the precise location or moment at which their spontaneous reinterpretation transpires. The recognition of the threshold of semantic "recalculation," employed as a hermeneutic procedure, constitutes a novel methodological approach to the analysis of Aristotle's works. In accordance with this approach, it is imperative to (...) regard the concepts and categories within Aristotelian philosophy, particularly those authored by Aristotle himself, not merely as representations of meanings unfolding within the primary text (a methodology not applicable in Aristotle's case), but rather as autonomous metatexts. The interpretation of these metatexts may initially appear as a thematically abstract exercise. Engaging with metatextual scenarios in Aristotle's philosophy unveils fresh perspectives, thereby enriching the understanding of his philosophical framework. (shrink)

At present the theory of Russian Formalism becomes actual once again owing to the rapid development of cognitive science. Aesthetic theories recently put forward within the framework of cognitive science turned out to be consonant with the Formalist’s views on the general principles of artistic activity. In my paper I argue that (1) the theory of Russian Formalism contains a number of methodological assumptions that are close to a cognitive approach; (2) some of the main principles of the Formalist theory (...) (e.g., “elimination of automatism of perception” or “the dominant”) permit the reformulation into cognitive terms; (3) such reformulation is not only possible, but useful because it makes the theory more powerful for explanation of the artistic phenomena. The findings from the new field of cognitive science not only prove some Formalist theses, but deepen and specify them as well. (shrink)

Occasional being was obtained in the analysis of the Aristotelian term "non-existent" (μὴ ὄν). In the article, the occasional is given wide ontological powers, allowing to interpret the being of Aristotle and a number of Kant's substantive concepts in the aspect of complex temporal configurations. An attempt is made to clarify how the occasional appears in Aristotle as a correlate of the existent, and in Kant as the unknowable X, which is opposed by the unity of transcendental knowledge. Kant's desire (...) to "clear" the substantial from the occasional leads to such changes in the temporal mosaic, in which the actual empirical becomes shaky. At the same time, the only stable in the flickering of the empirical is the synthesis of the manifold, the concept of the soul and transcendental apperception. The article also presents an analysis of the concept of time. (shrink)

Allosteric and transmembrane signaling are among the major questions of structural biology. Here, we review and discuss signal transduction in four-helical TM bundles, focusing on histidine kinases and chemoreceptors found in two-component systems. Previously, piston, scissors, and helical rotation have been proposed as the mechanisms of TM signaling. We discuss theoretically possible conformational changes and examine the available experimental data, including the recent crystallographic structures of nitrate/nitrite sensor histidine kinase NarQ and phototaxis system NpSRII:NpHtrII. We show that TM helices can (...) flex at multiple points and argue that the various conformational changes are not mutually exclusive, and often are observed concomitantly, throughout the TM domain or in its part. The piston and scissoring motions are the most prominent motions in the structures, but more research is needed for definitive conclusions. Models of allosteric transmembrane signaling in microbial sensor histidine kinases and chemoreceptors are discussed in light of recent crystallographic structures. It is shown that the TM α-helices are flexible and various conformational changes are often observed concomitantly. The piston and scissoring motions are the most prominent in the structures. (shrink)

Name der Zeitschrift: Paragrana Jahrgang: 23 Heft: 2 Seiten: 147-152.

Prikazani su elementi koji olakšavaju orijentaciju u prostoru »kontaminiranom« znanstvenim prisvajanjem istina, vrijednosti, »krunskih« dokaza i konačnih interpretacija. Iz spektra modernih disciplina »izvučena« je molekulska biologija kao model za razumijevanje mehanizama kojim prirodne znanosti privatiziraju sadržaje i područja koja pripadaju široj zajednici, odnosno čitavome društvu. U bogatome arsenalu molekulske biologije posebno se ističe metoda rekombinantne DNK koja je omogućila razvoj GMO-a.GMO-i su »klasična« znanstvena kontroverza u kojoj jedna strana prepoznaje »mutante« kao nepotrebne i defektne izume, dok ih druga strana predstavlja (...) gotovim receptom za rješavanje problema okoliša, prehrane i zdravlja.Razmotrena su četiri prigovora kojima se pokušava demistificirati znanstveni hvalospjev o GMO-u.This manuscript presents elements which enable better orientation in the area “contaminated“ with scientific confiscation of facts, values, crucial evidences, and final interpretations. From the spectrum of modern disciplines, molecular biology is selected as a model for understanding of mechanisms underlying scientific privatization of contents and areas which belong to local community and the whole society as well. The recombinant DNA method, which enabled development of GMO-s, is specifically emphasized in the rich arsenal of molecular biology.GMO-s present “classical” scientific controversy in which one side recognizes these “mutants” as unnecessary and flawed inventions, while the other side introduces them as readymade recipe for solving environment, food and health related problems.Four objections are considered in order to demystify scientific hymn about GMO. (shrink)

This paper presents a new reading of Kant's moral feeling: in lieu of highlighting a positive feeling of respect, I am interested in a thorough phenomenological interpretation of a negative feeling of humiliation. The paper's tone is set by underscoring that human moral Gesinnung is that which is necessarily cultivated, which entails that the striving moral agent, among other things, learns to identify and confront inclinations. It is argued, then, that one's mindfulness of the various kinds of pain of humiliated (...) inclinations presupposes the agent's aesthetic attunement to the law of duty. To this end, two phenomenological interpretations are offered. First, general humiliation Kant caters for in the Critique of Practical Reason. Second, specific humiliation Kant alludes to in the Metaphysics of Morals. On the whole, the paper's findings ascertain the epistemic weight of humiliation, which to date has been undervalued. (shrink)

Kant’s doctrine of aesthetic ideas, along with his brief treatment of ugliness, has been the focus of some recent literature. In this paper, I employ an original approach, which nonetheless draws from Kant’s oeuvre, to pin down the phenomenological complexity of a spectacular event that took place at the inception of the French Terror—the decapitation of Louis the XVI. To this end, the first section of the essay fleshes out an interpretative framework explicating how seeing the guillotine as an aesthetic (...) idea could serve as a means to actualise the revolutionary ideal. The second section introduces a reading of Schwärmerei and argues that this unruly genius is accountable for the creation of aesthetic idols, rendering a spurious aesthetic experience. Finally, in the last section, I argue that there is a significant distinction between Kant’s account of ugliness and loathing, and that the latter stands for neither a moral nor an aesthetic response to a morally repellent object, but rather is an extraordinary sensible response. (shrink)

In recent years, a number of philosophers and social scientists have argued in favor of or against retributive theories of criminal punishment based on empirical findings about folk punitive judgment and decision-making. In this paper, we will argue that these arguments do not succeed. We will raise two objections. First, there are serious gaps between the empirical findings these authors cite and the descriptive premises these findings are meant to support. Second, in many cases, the existing research does not support (...) the specific empirical claims that feature in these arguments. Specifically, a large part of the existing psychological research and some philosophers claim that people are mainly driven by retributive motives. We will show that a large portion of the empirical research is not designed in a way to specifically test this claim, and to the extent that some studies are able to investigate this claim, we show that the evidence suggests that people are motivated by a variety of concerns, including consequentialist motives. We discuss possible responses and implications for the philosophy of criminal punishment, and provide suggestions for improved study designs. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...) Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)