Summary. The article deals with the close link between the diminishing influence of the Moscow Patriarchate on social and political processes in Ukraine and the restoration of the Ukrainian cultural and civilizational space. Namely, the gradual deprivation of Orthodox believers of the post-imperial syndrome, including attitudes, perceptions, behavioral models, etc., associated with the stay of Ukrainians in the foreign-language and other people's mentality and culture of the empire. It is noted that the receipt of the Tomos on recognition of (...) autocephaly and the constitution of the Orthodox Church of Ukraine by Orthodox believers of Ukraine has a positive impact not only on the development of the OCU itself, but also the level of patriotism, restoration and development of the Ukrainian-speaking environment, archetypal traditions, rituals, behavior models, etc. The conclusion is about the religious aspect of promoting Ukrainian development from the Asian to the European cultural and civilizational model. (shrink)

I will first give a brief summery of Husserl’s project in the “Fifth Meditation” and the steps in his analysis in order to evoke the context of my remarks and to also to begin to communicate my understanding of this work of Husserl’s. Then I will go more closely through the beginning steps in the analysis and develop my own points as I go along.

This article traces recent developments in European social theory and psychoanalysis on the theory of the human subject. Critically examining the recent psychoanalytic departures of Julia Kristeva and Jean Laplanche on the status of primary repression as a condition for the constitution of subjectivity, an analysis is presented of the state of the subject in its unconscious relational world. The article suggests ways in which the analyses set out by Kristeva and Laplanche can be further refined and developed, partly (...) through a reconsideration of the intertwining of unconscious representation and repression as developed in the writings of Cornelius Castoriadis, Thomas Ogden and others. For existing psychoanalytical accounts the article suggests we should substitute the concept of ‘rolling identification’, the psychical basis of the shift from self-referential representational activity to an elementary form of inter-subjectivity. Rolling identifications are defined as a representational flux that permits human subjects to create a relation to the self-as-object and pre-object relations. Such primal identification, the article suggests, operates through a ‘representational wrapping of self and others’. The article concludes with a consideration of the cultural significance of primary repression, and the politicization of identification. (shrink)

This paper is about the interconnectedness of the realm of language with that of social interactions, constitutive of all human communities. Arguing against the traditional and still present primacy of the rationally based understanding of language, I wish to stress the possibility of another approach to language, strongly related to the question of the Other. Relying on the idea that the Other is a constitutive part of any linguistic situation, I wish to inspect how it is possible for (...) the voice of the Other to be suppressed or silenced, and if that is the case, how we should understand the silence of the Other. The main result of my findings is that the silence of the Other is not only meaningful, but that it can have positive social and political effects, including the enhancement of the sensitivity for the various modalities of the voice of the Other. (shrink)

This paper explores Husserl's phenomenological description of the constitution of the alter ego within the sphere of transcendental subjectivity. It is important at the start to point out that the Other plays a crucial role in securing the intersubjective nature of the experienced world. Although Husserl goes on in the "Fifth Cartesian Meditation" to consider the constitution of an objective world common to all subjects and the establishment of a community of monads, my primary focus in this (...) paper will be the examination of the initial steps whereby the sense, "other ego," is constituted by the transcendental ego. My main task, then, will be to examine the reduction to the sphere of ownness, the appresentative transfer of sense from ego to alter ego, and the criterion of harmonious behavior. My primary criticisms will center around certain difficulties inherent in the attempt to uncover a primordial sphere of ownness and problems that arise from a shift in concern from the life-world (everyday) attitude to the attitude following the performance of the epoché. Part I of the paper will consist of a general discussion of Husserl's phenomenological project, Part II will be a detailed study of the alter ego, and Part III a general statement of problems and objections. (shrink)

This dissertation is a comparative analysis of the work of Emmanuel Levinas and Jacques Lacan, two important thinkers in a landscape of thought roughly labeled "post-humanist." Through a close reading of several of their most important texts, it illuminates their positions on the nature of human subjectivity in general, and ethical subjectivity in particular. ;The first section of this dissertation reads key texts by Levinas and Lacan side by side in order to see the points at which their thinking converges (...) and the points at which their thinking diverges. In three chapters, it focuses on topics of central concern to each thinker: the intervention of the other as the founding moment of subjectivity either uncovering an original goodness or creating an original alienation ; sexual difference as either a model for or a constitutive mode of subjectivity; and language as constitutive of subjectivity as either ethical or ordered by the unconscious . Here we come to see the ways in which Levinas's conception of the ethical subject is representative of a "humanism of the other person" while Lacan's conception, of the split subject is representative of an anti-humanism. The second and third sections look at key texts by Levinas and Lacan in isolation from one another. In two chapters, section two focuses on Levinas's treatments of the idea of God and the concept of time as diachronous, in order to posit "an-archic" foundations for the ethical subject. Also in two chapters, section three focuses on Lacan's treatment of the four fundamental concepts of psychoanalysis and the psychoanalytic notion of "desire" as constitutive of human subjectivity, in order to explain an "ethic" of psychoanalysis as an ethic of the knowledge of the unconscious. In this, I make way for the conclusion in which I bring together these two disparate thinkers in order to posit a vision ethical of subjectivity which takes seriously Levinas and Lacan precisely in their disagreements---a vision of the ethical subject as the "desiring subject for-the-other.". (shrink)

A sociological conceptualisation of space moves beyond the material to the relational, to consider space as a social process. This paper draws on research that explored the reproduction of legitimated knowledge and power structures in intensive care units during encounters, between patients, who were experiencing mental illness, and their nurses. Semi‐structured telephone interviews with 17 intensive care nurses from eight Australian intensive care units were conducted in 2017. Data were analysed through iterative cycling between participants' responses, the literature and the (...) theoretical framework. The material and relational aspects of space in this context constitute a dynamic process that is concerned with the reproduction of everyday life, the preservation of the biomedical authority of intensive care, and the social othering of people experiencing mental illness. The work of theorists such as Löw, Harvey and Foucault underpins the exploration of space as a multi‐dimensional, malleable social process that both produces and is the product of social interaction and the social world. In this paper, we argue that the performative work of knowledge and power production and reproduction, considered here in relation to intensive care spaces, enables ongoing othering and disenfranchisement of people experiencing mental illness. (shrink)

The book addresses the constitution of the high culture of modernity as an uneasy unity of the sciences, including philosophy, and the arts. Their internal dynamism and strain is established through, on the one hand, the relationship of the author - work - recipient, and, on the other, the respective roles of experts and the market.

edited by Ciaran Cronin and Pablo De Greiff Since its appearance in English translation in 1996, Jürgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work.Habermas's theory (...) of democracy has at least three features that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. On this account, the rights of the individual that are central to liberalism can be guaranteed only within a constitutional framework that at the same time fosters democratic rights of political participation through the public sphere. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies.These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

Philosophers and Cognitive Scientists have become accustomed to distinguishing the first person perspective from the third person perspective on reality or experience. This is sometimes meant to mark the distinction between the “objective” or “intersubjective” attitude towards things and the “subjective” or “personal” attitude. Sometimes, it is meant to mark the distinction between knowledge and mere opinion. Sometimes it is meant to mark the distinction between an essentially private and privileged access to an inner world and a merely inferential or (...) speculative access to that world. No doubt there are other uses as well. But I don't care about this dichotomy here, or indeed any of these putative distinctions it is alleged to mark. Instead, I want to call attention to the central role of the less often acknowledged grammatical and phenomenological category, that of the second person. This category is essential not only for understanding the development of self-understanding, but also for the development of the moral sense that allows us to participate in the societies that constitute us as persons. The task of moral education is the cultivation of care for second persons. But we do so by extending not self-regard (for that is inextensible—others are not oneself), but by extending the spontaneous caring response we have for those with whom we immediately interact—second persons. Our moral lives, I will argue, like our cognitive lives, cannot be understood without understanding the special nature of second person relationships. In short, I will argue that the second person perspective is in fact essential to the constitution of human subjectivity, and that it permeates all forms of interpersonal consciousness and even self-consciousness. (shrink)

Transformation of the Constitutional System of the Slovak Republic Purpose of the article is to analyze the Constitutional Act No. 356/2011 Z. Coll. amending the Constitution of the Slovak Republic in terms of its compatibility of the constitutional system of the Slovak Republic. The article analyzes the potential impact of amendment to the Constitution of the Slovak Republic on the Parliamentary form of the government of the Slovak Republic and examine the consistency of Art. 115 Para 3 of (...) the Constitution of the Slovak Republic with another provisions that relate to it. The purpose of the article is to identify some problems that brought amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3 and points out its incompatibility with the constitutional text. This article also discusses a possible shift in the parliamentary constitutional system of the Slovak Republic which the Constitutional Act brought.Methodology/methods used in the article is the analysis of the Constitutional Act No. 356/2011coll. by induction from the concrete wording of Art. 115 Para 3 of the Constitution of the Slovak Republic to the conclusions in relation to the entire text of the Constitution of the Slovak Republic and to the whole constitutional system of the Slovak Republic Scientific aim is to point to the shortcomings of the Constitutional Act No. 356/2011 Z. Coll., not only from the perspective of constitutional interpretation, but potentially also in terms of practice and also show the wrong trend of breaking the internal unity and coherence of the constitutional system of the Slovak Republic by half-baked changes to the text of the Constitution of the Slovak Republic Findings are specific and severe systemic disorders that brought the amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3. The Article identifies three concrete problems and the subsequent practice may bring some other issues that were not known at the time of processing of this Article Conclusions are directed to the fact, that the Constitutional Act No. 356/2011 Coll. means internal disturbance of the constitutional system of the Slovak Republic, brings more problems than constructive solutions and potentially deflects the parliamentary constitutional system of the Slovak Republic to the semi-presidential. (shrink)

In patriarchy women are frequently perceived as “the other” and as such they are subject to discrimination and marginalization. The androcentric character of patriarchy inherently confines women to the fringes of society. Undeniably, this was the case in Western culture throughout most of the twentieth century, before the social transformation triggered by the feminist movement enabled women to access spheres previously unavailable to them. Feminist science fiction of the 1970s, like feminism, attempted to challenge the patriarchal status quo in (...) which gender-based discrimination against women was the norm. Thus, authors expressed, in a fictionalized form, the same issues that constituted the primary concerns of feminism in its second wave. As feminist science fiction is an imaginative genre, the critique of the abuses of the twentieth-century patriarchy is usually developed in defamiliarized, unreal settings. Consequently, current problems are recontextualized, a technique which is meant to give the reader a new perspective on certain aspects of life they might otherwise take for granted, such as the inadequacies of patriarchy and women’s marginality in society. Yet there are authors who consider the real world dystopian enough to be used as a setting for their novels. This is the case with Woman on theEdge of Time by Marge Piercy and The Female Man by Joanna Russ. Both texts split the narrative into a science fictional and a realistic strand so as to contrast the contemporary world with utopian and dystopian alternatives. Both texts are largely politicized as they expose and challenge the marginalized status of women in the American society of the 1970s. They explore the process of constructing marginalized identities, as well as the forms that marginalization takes in the society. Most importantly, they indicate the necessity of decisive steps being taken to improve the situation. (shrink)

RESUMO Neste artigo pretendemos refletir acerca da constituição do sujeito político a partir de dois conceitos específicos: rosto e cena de dissenso. Nosso argumento pretende evidenciar como, ao “aparecerem”, os indivíduos produzem uma cena polêmica de enunciação na qual se desencadeia um processo de subjetivação política e de criação de formas dissensuais de comunicação e performance que inventam modos de ser, ver e dizer, configurando outras interfaces entre experiência estética e política. Tal processo potencializa a invenção de novas visualidades e (...) interlocuções nas quais se inscreve o rosto, definido aqui como o vestígio de um lugar do outro que se transforma na promessa do meu próprio lugar, assumindo caráter político e comunicacional, num processo incessante de subjetivação política em que ética e estética se tangenciam. ABSTRACT The aim of this article is to ponder on the constitution of the political subject from two specific concepts: the face and the scene of dissensus, in order to show how the “appearance” of the individuals can produce a controversial scene of dissensus, trigger a process of political subjectivation and the creation of dissensual forms of expression and communication that invent new ways of being, seeing and saying, configuring new ways of collective enunciation and interconnections between aesthetic experience and politics. This is related to the invention of new visualities and interlocutions in which the face is inscribed. Face is defined here as the vestige of a place of the other that is transformed into the promise of my own place, assuming a political and communicational character, in an incessant process of political subjectivation where ethics and aesthetics are related. (shrink)

The article analyses the problem of using European constitutional heritage in the practice of the Constitutional Court of the Republic of Latvia when interpreting the Constitution of the Republic of Latvia. The author analyses several judgments of the Constitutional Court of Latvia, wherein the Court refers to European legal heritage, when interpreting separate norms of the Constitution of the Republic of Latvia. Such practice is particularly evident in two categories of cases. The influence of European legal heritage is (...) most clearly expressed in cases where the Court ascertains the essence of the continuity doctrine and when interpreting human rights enshrined in the Constitution (the Satversme). The author notes that constitutional courts reveal two tendencies. On the one hand, a constitutional court cannot ignore the international context. European courts are influenced by European Union law and the jurisprudence of the European Court of Justice. On the other hand, constitutional court judges in every country have sworn to be loyal to the national constitution and thus have a duty to exercise constitutional control. These tendencies are not necessarily objectionable. On the contrary–knowledge of the international legal context helps the Constitutional Court exercise its mission. (shrink)

With the possible exception of the first volume of the Ideas, no single work published by Husserl has caused as much controversy among philosophers otherwise sympathetic to his philosophical endeavor as the 5th Cartesian Meditation. The controversy centers around the constitutive analysis of the sense "another subject," an analysis the elaborate detail of which seems out of place in the otherwise programmatic Cartesian Meditations. This analysis, which marks the first step in Husserl's account of consciousness of the other as (...) another subject, consciousness of self as a subject among other subjects, and consciousness of the world as an Objective 1 world, a world shared by a plurality of different subjects, is regarded to be a test of the philosophical status of transcendental phenomenology as such, a test Husserl seems to have failed. The present essay will examine this constitutive analysis as well as the role it plays in the argument of the 5th Meditation. As the title suggests, I shall side with Husserl's critics in that the analysis will be found to be wanting. However, the essay will not be simply critical, nor will it be a review of the various criticisms and defenses of the 5th Meditation which have appeared in the phenomenological tradition. Rather, an attempt to rethink the problem of intersubjectivity, the title that will be adopted for the problems posed by meanings founded upon the sense "another subject," will be made, and, in light of this attempt, a new approach to the constitutive analysis of the sense "another subject" will be presented. The specific thesis of this essay, viz., that a new approach to the constitutive analysis of the experience of the other as another subject is required, one different from Husserl's approach in the 5th Meditation, is based upon the rejection of Husserl's position that consciousness of the other as another subject is originally founded upon a connection made by the I between the other qua phenomenal object and itself qua phenomenal object, a connection that makes the extension of mental predicates to the other possible. The question I shall pose is this: Is the proper locus for the constitutive analysis of the sense "another subject," the analysis of the various motives and resulting intentional accomplishments in virtue of which the other presents himself as another subject, the distinction made on the level of the fully constituted, intersubjective world between the "privacy" of mental life and the "publicness" of the body? It will be argued that the attribution of mental life to the other (and to the I, for that matter) has the status of an explanation for observed phenomena the basis for the recognition of which is intersubjective (e.g., conflicts between subjects regarding their opinions of an Object, the difference between the behavior of subjects vis-a-vis that of inanimate objects, etc.), and hence that the distinction between "mind" and "body" cannot guide the analysis of the intentional situation that motivates the distinction. (shrink)

Scholars strive, in their treatment of Stein’s work, to express both a phenomenological concept of the human person, characterized by conscious and free spiritual activity, and a metaphysical concept of the person, seen as an individual essence unfolding throughout life. In Stein’s work, the two concepts are not simply juxtaposed, nor is there a shift from one to the other. Stein integrates her phenomenological research into a metaphysical framework. In the present contribution, I endeavor to show that Stein’s interpretation (...) of Husserl’s concept of constitution focuses on the question of whether this constitution is to be understood realistically or idealistically and on the question of the constituting subject. I shall argue that Stein’s interpretation of constitution is closely linked to the lived experience she calls already in her early writings “self-discovery” and “awakening.”. (shrink)

The Other Machiavelli is a unique compendium of the Florentine political thinker's writings on liberty and self-government. The selections, drawn from the Discourses and Machiavelli's other "republican" writings, are conveniently organized on the basis of subject matter. As such, The Other Machiavelli constitutes a much-needed corrective and companion to "The Prince.".

In June 2019 Victoria became the first state in Australia to permit “voluntary assisted dying”, with its governance detailed in the Voluntary Assisted Dying Act 2017. While taking lead from the regulation of medically assisted death practices in other parts of the world, Victoria’s legislation nevertheless remains distinct. The law in Victoria only makes VAD available to persons determined to be “already dying”: it is expressly limited to those medically prognosed to die “within weeks or months.” In this article, (...) we discuss the emergence of the Victorian legislation across key formative documents. We show how, in devising VAD exclusively for those “already at the end of their lives”, the Victorian state mobilizes the medico-legal category of the already dying. We argue that this category functions to negotiate a path between what are seen as the unacceptable alternatives of violent suicide on the one hand, and an unlimited right to die on the other. Further, we argue that the category of the already dying operates to make medical practitioners the gatekeepers of this new life-ending choice and effectively limits the realization of autonomy at the end of life. (shrink)

What did kratos imply in the classical democratic context? Focusing on the two Constitutions of the Athenians traditionally attributed to Xenophon and Aristotle respectively, this article explores differences among kratos and three proximate terms: archē (de facto governance or magistracy), kuros (authority, perceived as legitimate), and dēmagōgia (leadership). With Benveniste and Loraux, it argues that kratos specifically signalled ‘superiority’ or ‘predominance’, as revealed in combat or other form of contest. Dēmokratia thereby connoted the forceful predominance of the dēmos (‘assembly’, (...) ‘collective common people’) over the rest of the community, including office-holders (archontes, archai) and political leaders (dēmagōgoi). The association of kratos with force directs attention to the martial underpinnings of classical demotic authority, incidentally highlighting a weakness in modern democracy: the dēmos’ lack of kratos over the political elite when that elite controls military and police power. (shrink)

The problem of the other was one of the central problems for the founder of phenomenology, Edmund Husserl. He investigated the other as the alter ego intensively in the Fifth Cartesian Meditation, in which he introduced the conceptions of “analogical apperception'' and “pairing'' as fundamental forms of “passive synthesis.'' Although it is no doubt Husserl who investigated the other most seriously and intensively, there is anaporiain his theory of the other. If the other is an (...) object of ego's intentional consciousness, the other turns out to be no more than a modification of the ego. In the face of such anaporia, some phenomenologists embarked upon inquiry into the other. This paper focuses primarily on Alfred Schutz's discussion of the “other'' in general and about the “stranger'' in particular. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.2 (2003) 119-134 [Access article in PDF] The Constitution of Rhetoric's Tradition Maurice Charland Rhetoric is not a discipline. That is to say, as a domain of theoretical and practical knowledge, rhetoric is weakly institutionalized, lacking a centralized arbiter and standardized set of procedures for establishing truth claims. It also lacks the basic characteristics that Michel Foucault defines as disciplinary, for while we can identify (...) "groups of objects, methods, their corpus of properties considered to be true, the interplay of rules and definitions, of techniques and tools," these are neither universally admitted, nor do they "constitute a sort of anonymous system, freely available to whoever wishes, or whoever is able to make use of them, without their being any question of their meaning" (1972, 222). On the contrary, despite the fact that rhetoric is usually figured as offering practical and, indeed, positive knowledge, the meaning of its terms is always being questioned and at stake. While we might, by considering terms loosely, seek to identify rhetoric in terms of objects such as "persuasion," or "discourse," these are not exclusively its province. Furthermore, the ends of rhetoric are themselves unclear. Is rhetoric really the art of discovering the available means of persuasion? Or is it an art of citizenship? Or a method of enquiry? It has at times been defined as each. Consequently, none of these methods can fix its identity. At most, we can say that "rhetoric," as a domain of knowledge, signals a commitment to the idea of agency in discourse.Rhetoric, while not disciplinary, nevertheless "hangs together" as a domain of knowledge even though it does not cohere conceptually. It is, or comes close to being, a "discursive formation." That is to say, we can identify a field that produces statements concerning discourse and its operations, which is characterized by certain regularities that articulate with the term rhetoric itself. The first such regularity is the gesture of negation. Rhetoric refuses philosophy (or acts out having been refused by philosophy). [End Page 119] Rhetoric further is defined against other intellectual genres: rhetoric is not poetics, is not political science, is not ethics, though it may "speak" to them. Ultimately, though, this tells us very little about the nature of rhetoric's difference, for while refusal is effective in positing the existence of a boundary between rhetoric and other domains, the location of that boundary and what it contains remains unspecified. Rhetoric must also be attributed an at least provisional sense. This is accomplished by rhetoric's second gesture, which initially appears more substantial. Rhetoric is framed in terms of the positivity of a foundational "tradition." Indeed, the gesture toward tradition is ubiquitous. Consider, for example, both the title and principles of organization of Patricia Bizzell and Bruce Herzberg's (1990) anthology, George Kennedy's (1998) recursion to the idea of "tradition" even as he attempts to present rhetoric as a natural and cross-cultural phenomenon, recent feminist works that explicitly address "the tradition," 1 the routine citation of Classical authorities and examples, the recurrence of "new" rhetorics, including Burke's dramatism, Perelman's theory of argumentation, as well as Barthes' semiotics, which are offered as supplements to tradition's lacks, and, finally, the energy devoted to the study of the history of rhetoric. The rhetorical tradition, as something bequeathed or put in play by ancient teachers, appears to offer rhetoric a substance, a literature, and a set of problems, particularly through variants of two other principles of discursive formation identified by Foucault, commentary and the author-function. Even so, the gesture toward tradition does not imply the existence of a historically rooted and fixed corpus or model: "Tradition" is a vague term, there is no unproblematic canon of texts to be commented upon, and tradition itself, rather than Aristotle, Plato, or Cicero, stands as "author." What we debate is the meaning of the "tradition," the uneasy relationship between Socrates and Sophists, Plato and Aristotle, but as positions rather than personae. Furthermore, in the name of rhetoric, ancient and modern texts are often read against the grain, and what is... (shrink)

Nella filosofia moderna la coscienza e la memoria sono state considerate fattori identitari cruciali. L’articolo analizza il ruolo svolto dagli odori nella costituzione dell’identità personale, distinguendo tre livelli: corporeo , socio-culturale e personale . Da un lato, il proprio odore corporeo funge da principium individuationis. Dall’altro, gli odori costituiscono la base di una comunità chiusa ed estremamente conservatrice. Infine, il sé emerge rammentando le proprie «storie» e i ricordi sugli odori.Consciousness and memory were considered identitary key factors in modern philosophy. (...) The article deals with the role played by smells in constituting the identity of the self, on three levels: corporeal , social-cultural , and personal . On the one hand, own’s body smell acts as a principium individuationis. On the other, smells ground a closed and utmost conservative community. Finally, self emerges by recollecting his/her own «stories» and memories about smells. (shrink)

This article re-conceptualises the ‘constitutive outside’ through Roberto Esposito’s theory of immunity to detach it from Laclau and Mouffe’s political antagonism. It identifies Esposito’s thought as an innovative epistemological perspective to dissolve post-ontological political theories of community from the intertwinement with a foundational self/other dialectic. Esposito shows how a community can sustain its relations through introversive immunisation against a primarily undefined outside. But it is argued that his theory of immunity slips back to a vitalist depth ontology which ultimately (...) de-politicises the construction of the communal outside. This article draws on Niklas Luhmann’s immunity theory to resituate immunisation in the political production of social connectivity. Following Luhmann, politics relies on immunisation through contradictions to reproduce its functional role as a decision-making institution, but is at the same time constantly exposed to potential rupture through the political op... (shrink)

The present paper is an attempt to study the acts and intentions which set up for the subject, and for the community of subjects, a set of values and disvalues which impose themselves as valid upon everyone, and which everyone must tend to prescribe, or to warn against, for everyone. The acts which set up a formal apophantic and ontology have been studied by Husserl in his Formal and Transcendental Logic , but he has not set out a comparable theory (...) of the acts which set up a universally valid system of values and disvalues. He has not done so because he does not believe in such a system, because his thought goes no further than the values set up for and felt to hold in a given group or society. It is my view that there is an ineluctable progress from these relativistic group-values to a set of values and disvalues holding for everyone, and that moreover in their relation to everyone, and that these values and disvalues have definite and undeniable shapes and locations, even if these shapes also have somewhat nebulous contours. The views I am expounding on this occasion are not new: they are fully set out in my Values and Intentions and my Axiological Ethics and in other writings. Ideas, however, require restatement at intervals, with a suitable change of idiom and emphasis. And I feel my views on this topic to have a claim to truth simply because, quite differently from my views on other topics, and despite constant reflection, they have hardly changed over the last two decades. The inspiration for these views was only in part Husserlian, as I do not think that the emotional and the axiological are really Husserl's strong suit. Strangely enough, that dry thinker Meinong would seem to have had a much richer emotional life and the ability to frame a theory to fit it, than the much easier and at times effusive thinker Husserl. Meinong's 1917 Austrian Imperial Academy treatise, On Emotional Presentation , recently translated for the Northwestern Phenomenology series, is a much more systematic investigation of the presuppositions of value-theory than any writing of a professed phenomenologist. What I have to say will build considerably on Meinong, always a major influence in my thought. But I have also been much influenced in my approaches to value-theory by the transcendental methods of Kant. Kant, I think, could very well have worked out a transcendental deduction of the heads of value and disvalue, a deduction much more illuminating than the dogmatic intuitionism of Scheler and Hartmann, instead of producing the arid triad of categorical imperatives that were all that he actually deduced. Imperatives, I consider, are secondary structures in value-constitution: the primary structures are the ultimate objects of necessary, rational pursuit and avoidance which Kant wrongly thought of as involving heteronomy and a corruption of pure form by matter. There is, I shall argue, nothing more free from extraneous, pathological material than the objects of the pursuits and avoidances in question. (shrink)

There are some problems in the implementation of rulings of the Constitutional Court. The legislator should make more efforts for implementing the concept of the provisions of the Constitution provided in the reasoning parts of rulings of the Constitutional Court. The Statute of the Seimas should be supplemented with provisions obligating structural sub-units of the Seimas to carry out permanent and systemic analysis of reasoning parts of rulings of the Constitutional Court. It would allow timely to prepare proposals how (...) to amend still unchallenged legal regulation which, however, from the constitutional standpoint is doubtful. One should consider whether the norm of Item 4 of Paragraph 1 of Article 64 of the Law on the Constitutional Court, which allows one to challenge the compliance of a legal act with the Constitution on the grounds of the procedure for adoption regardless of any terms expired after the adoption of a law or other legal act, should be amended. It is to be presumed that the principles of legal certainty and legal security entrenched in the Constitution, as well as other constitutional provisions, imply a certain reasonable period of time within which the subjects provided for in the Constitution may apply to the Constitutional Court with a petition requesting to investigate whether a law or other legal act is not in conflict with the Constitution according to the procedure of their adoption. This period of time should not be a long one, for example, half a year or a year since the official publishing of the law; this term should be a prescriptive one–after it has finished, it would not be allowed to challenge the compliance of a law or other legal act with the Constitution according to the procedure of their adoption. In order to speed up the consideration of cases at the Constitutional Court, one would have to change the procedure of consideration of cases in this Court in essence. (shrink)

Constitutional dialogue has become an influential concept to understand the relationship between courts and other the institutional branches of the state, with the primary focus being on legislatures. More recently, the place of dialogue within the constitutional literature has been challenged as vague; providing a potential to over-reach or overstate the judicial role and distorting the reality of practices which in fact shape the relationship between courts and other institutions. Critics have placed into focus the question: should constitutional (...) scholarship abandon ‘constitutional dialogue’ as a way of understanding the relationship between courts and other institutions within the constitutional order? This article seeks to respond to this question by arguing that constitutional dialogue remains an important aspect of understanding the development of constitutional understanding about inter-institutional roles but does so by acknowledging the criticisms levelled against constitutional dialogue. Developing this approach, the argument made in this article seeks to recast the theoretical foundations of dialogue in constitutional theory by shifting the understanding of dialogue away from its normative and descriptive tethers. In its place, constitutional dialogue should be considered in the context of a philosophical understanding of language and the role that it plays to create constitutional meanings and experiences. Dialogue has a deeper and more significant register than a metaphor conveying a ‘conversation’, ‘communication’ or a ‘deliberative rationality’ between the institutions of the constitutional order—dialogue must be understood through the perspective of language as disclosing a world of common meaning and experience. (shrink)

Many Levinasians are prone to merely assert or presuppose that the Other is ‘radically Other’, and that such Otherness is of patent ethical significance. But building ethics into the very concept of ‘the Other’ seems question-begging. What then, if not mere Otherness, might motivate Levinasian responsibility? In the following discussion I argue that this can best be answered by reading Levinas as a post-Holocaust thinker, preoccupied with how one’s simply being-here constitutes a ‘usurpation of spaces belonging to (...) the other’. Then, drawing on Schutz’s phenomenology, I explain how the resultant usurpatory bad conscience presupposes the embodied ‘interchangeability’ of self and Other. As such, one can be said to ‘usurp’ the Other’s place only insofar as self and Other are not radically different. (shrink)

The purpose of this volume is to help develop, through a variety of exploratory essays, the art and science of institutional design. The authors look at a variety of good societies as artifacts, as products—at least partly—of design, and consider how such societies can be crafted. They identify themselves with the New Constitutionalism movement, which aims to develop and promote the knowledge necessary for institutional reform and institutional creation through understanding the designer's, creator's, founder's, or reformer's perspective. The first part (...) of the volume considers some of the boundaries of what is humanly possible in politico-economic designs and the role in them of deliberation and the processes of adapting to limits. The second part considers different ways of exercising constitutionalist judgment analyzing a variety of cases, including general visions of the good society. Looking at whole societies, and at complexes of institutions, complements and informs the picture of the institutional microscale. Understanding the microscale, on the other hand, often makes the difference between empty slogans and realistic political proposals. Contributors are Karol Edward Soltan, Elinor Ostrorn, Viktor J. Vanberg, James lvi. Buchanan, John S. Dryzek, Charles 'X". Anderson, Stephen U. Elkin, Car Alperovirz, and Philip Green. (shrink)

The article deals with the criteria upon which the powers of the Seimas (the Parliament of the Republic of Lithuania) and the Government are delimited in the constitutional jurisprudence of Lithuania. It analyses how the Constitutional Court construes the principle of separation of powers as entrenched in the Constitution and evaluates the meaning of the provision of the Constitution that corresponding ‘relations are regulated by law’. If the Constitution provides that certain relations are regulated by means of (...) a law, such relations may be regulated only by means of a legal act, which takes the form of a law, and it is, therefore, not permissible to regulate such relations by Government resolutions or other acts of the executive. The most important elements of legal relations must be regulated (established) by means of a law, whereas Government resolutions might establish the procedure for the implementation of such laws. Rulings of the Constitutional Court reveal that once the powers of a specific branch of state power have been directly established in the Constitution, an institution of state power may not assume the said powers fr om another state institution. It may not transfer or waive them; and such powers may not be amended or limited by means of a law. The question remains, whether the provision of the Law on the Diplomatic Service wh ereby the candidacy of a diplomatic representative must be reviewed by the Seimas Committee on Foreign Affairs in advance is not in conflict with the Constitution. (shrink)

The adopted directedness of Western thinking to the visible and visibility as the Platonist heritage has been explored frequently enough; the issue of how to reflect upon the crisis of this directedness through philosophy of language has been tackled in the last third of the 20th century primarily by means of hermeneutic theory. Reflecting the status of thinking and human constitution of the world as a whole in their dependence on language, which followed the hermeneutic requirement for universality, has (...) led to an attempt to free the sphere of “listening to language” in its world-constitutive meaning from its almost millennial suppression. By doing so, hermeneutics would regain its fundamental “acroamatic” dimension. It is a process determined by its penetration into the concealed depths of the Western philosophy of language and science. (shrink)

Among the civilization challenges, recognizing the human freedom and drawing its constraints have continuously been contestable. Hence, the recognition, definition, pledge and delineation of the boundaries of freedom have a special position in the declaration of rights. In the meantime, considering the historical intersection of jurisprudential foundations with the modernist thoughts, defining the concept of freedom and delineating its boundaries will be crucial. This definition provides a groundwork for elucidating and interpreting other Articles via identifying their positions in creating (...) solutions to the problems of public administration. The current study is an effort to recognize the concept of freedom and its boundaries in the constitutional system of the Islamic Republic of Iran via employing a descriptive-analytical method. Our findings indicate that the perception of freedom in the Constitution of the Islamic Republic of Iran is convoluted and interpretable. Because of the existing ambiguities in balancing among the historical concerns, the boundaries of freedom can be redefined based on the temporal and historical circumstances by the pressure of social forces. (shrink)

In the dissertation I have presented a historical, comparative, and systematic study on the issue of the relation between aesthetic subjects and ethical subjects by focusing on the philosophers Lao-zi, Zhuang-zi, Mencius, Tu Wei-ming, Heidegger, Derrida, Foucault, and Levinas. By "aesthetic" I mean "amoral" in the Kierkegaardian sense, and by "ethical" I mean care and compassion for others in the Levinasian sense. The dissertation is correspondingly divided into two parts: "Part : Aesthetic Subjects," and "Part : Ethical Subjects." In Part (...) I, I argue that in Lao-zi and Zhuang-zi there is a tranquil poetic-religious-aesthetic subject, in Heidegger a heroic-existential-aesthetic subject and a poetic-aesthetic subject , and in Confucianism a metaphysical-moral-aesthetic subject. In Part II, one can see that in Derrida there is an ethical-religious subject, in Foucault, an ethical-political subject, and in Levinas, a pious religious-ethical subject. ;By investigating, interpreting and comparing three kinds of ethics, metaphysical moral theory, originary ethics, and postmodern ethics, I try to provide an answer to the question asked by contemporary philosophers "Who comes after the subject?" The subject, as I understand it, means the subject of representation, the metaphysical subject. This subject is essentially aesthetic. The end of the subject is my starting point. The central theme of my present study is that an ethical subject is possible only on the condition that it is first a situated subject. However, this does not mean that a situated subject is necessarily an ethical one. After the death of the subject there are at least two possibilities of being a situated subject, the aesthetic one and the ethical one: for example, the Nietzschean subject in early Derrida and the Levinasian subject in later Derrida respectively. ;My conclusion is that if the subject in "Who comes after the subject?" is a knowing subject, then in postmodern ethics, the subjectivity of the subject is constituted in its ethical responsibilities. (shrink)

With almost a century of historical distance between Heidegger’s retrieval of the question of being and contemporary concern about the Other, we have accrued invaluable experiences for critical leverage about what it is to ask one another questions. I offer a sketch aimed at adapting Tillich’s theological system grounded in existential questioning to today by juxtaposing him with Levinas’ philosophical ethics. Tillich and Levinas provide motive for reflection on the topic of questioning in particular. In the case of Tillich, (...) questions constitute a crucial moment in the dialogue between our contemporary existential situation and religious symbols, or in what he called the ‘method of correlation.’ Furthermore, Tillich locates in the very structure of questioning the germ of our participation in our essential nature despite existential disruption. Beneath his more provocative and prophetic discourse on the absolute desolation and height of the Other, Levinas sees in questions a different kind of possibility. It is not our essential and existential selves, but oneself and the absolutely Other who come together in the question yet retain their infinite difference. Heidegger is the immediate predecessor from whom both Tillich and Levinas inherit a predilection for reflection on questioning. What is at stake is not merely the legacy of Heidegger’s construal of questioning, but, more importantly here, the fundamental sources Tillich and Levinas posit as the origin of our questioning. (shrink)

The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches âe" just war theory, classical realist, post-Kantian, poststructuralist âe" contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, The Other's (...) War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of warâe(tm)s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes âe~legitimateâe(tm) violence. Such a process has consequences for anyone who claims to be fighting a âe~just warâe(tm). Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Otherâe(tm)s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other's War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other's war. (shrink)

Emmanuel Levinas is one of the most important figures of twentieth-century philosophy. Exerting a profound influence upon such thinkers as Derrida, Lyotard, Blanchot, and Irigaray, Levinas's work bridges several major gaps in the evolution of continental philosophy -- between modern and postmodern, phenomenology and poststructuralism, ethics and ontology. He is credited with having spurred a revitalized interest in ethics-based philosophy throughout Europe and America. _Entre Nous_ is the culmination of Levinas's philosophy. Published in France a few years before his death, (...) it gathers his most important work and reveals the development of his thought over nearly forty years of committed inquiry. Along with several trenchant interviews published here, these essays engage with issues of suffering, love, religion, culture, justice, human rights, and legal theory. Taken together, they constitute a key to Levinas's ideas on the ethical dimensions of otherness. Working from the phenomenological method of Edmund Husserl and Martin Heidegger, Levinas pushed beyond the limits of their framework to argue that it is ethics, not ontology, that orients philosophy, and that responsibility precedes reasoning. Ethics for Levinas means responsibility in relation to difference. Throughout his work, Levinas returns to the metaphor of the face of the other to discuss how and where responsibility enters our lives and makes philosophy necessary. For Levinas, ethics begins with our face to face interaction with another person -- seeing that person not as a reflection of one's self, nor as a threat, but as different and greater than self. Levinas moves the reader to recognize the implications of this interaction: our abiding responsibility for the other, and our concern with the other's suffering and death. Situated at the crossroads of several philosophical schools and approaches, Levinas's work illuminates a host of critical issues and has found resonances among students and scholars of literature, law, religion, and politics. _Entre Nous_ is at once the apotheosis of his work and an accessible introduction to it. In the end, Levinas's urgent meditations upon the face of the other suggest a new foundation upon which to grasp the nature of good and evil in the tangled skein of our lives. (shrink)

Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral (...) assessments may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered. -/- Konstytucja RP uznając przyrodzoność i niezbywalność godności oraz uniwersalność niektórych wartości, wprowadza do podstaw całego polskiego systemu prawnego elementy prawnonaturalne, które mogą być wykorzystane w stosowaniu konstytucji. Konstytucyjne uznanie takich elementów ma sens przy założeniu ich poznawalności, stąd istotnym elementem konstytucyjnej koncepcji prawa naturalnego jest uznanie tezy kognitywizmu głoszącej, że oceny moralne mogą mieć charakter sądów i kwalifikację prawdziwościową – mogą być prawdziwe lub fałszywe. W procesie stosowania konstytucji mogą być formułowane normy o charakterze prawnonaturalnym oraz uzasadnienia prawnonaturalne. Ponieważ jedynymi wartościami uznanymi w konstytucji za nienaruszalne jest godność oraz istota wolności i praw, których godność jest źródłem, argumentacja prawnonaturalna może prowadzić do daleko idącej reinterpretacji norm konstytucyjnych. Norma prawnonaturalna chroniąca warunki konieczne poszanowania godności lub istoty wolności i praw będzie miała pierwszeństwo w razie kolizji z normami chroniącymi inne wartości, także z normami konstytucyjnymi. Choć norma taka będzie formułowana na podstawie przepisów konstytucji, to jednak faktycznie prawo naturalne uzyskuje wyższą rangę od elementów opartych jedynie na stanowieniu. Mimo tego bezpieczeństwo prawne nie wydaje się być radykalnie zagrożone. O prawnonaturalnym charakterze normy i uzasadnienia decyduje oparcie w ocenach moralnych, które pretendują do bycia sądami, do bycia prawdziwymi lub fałszywymi. Z punktu widzenia stosowania konstytucji i wymogu intersubiektywnej komunikowalności i kontrolowalności dookreślania treści prawnonaturalnych, dla nadania ocenom charakteru sądów istotny jest kształt procedur i argumentacji prowadzących do tego dookreślenia. Powinny to być procedury i argumentacja typowe dla dyskursu mającego na celu sformułowanie prawdziwych sądów. Maksymalizowana powinna być dyskursywność takich procedur, a podstawą rozstrzygnięcia powinien być, jeśli to tylko możliwe, konsens. Nie mogą być uważane za rozstrzygające argumenty odwołujące się do woli indywidualnej lub zbiorowej, reakcji emocjonalnych, stopnia rozpowszechnienia danej oceny czy do tradycji kulturowej. (shrink)

This work seeks to take seriously the common philosophical claim that individual subjects are constituted by their social world. A detailed understanding this claim requires an analysis of what is involved in being a subject, of the nature of 'the social', and of the possible constitutive relationships between these. I begin with a critical history of the idea that subjects are norm-followers, and that social groups constitute individuals by demanding their conformity to norms. I trace this 'conformity theory' through the (...) thought of Rousseau, Hegel, Mead, and Althusser, to its manifestation in contemporary continental and Anglo-American philosophy. I criticize this theory for being unable to sufficiently accommodate creativity and social resistance. I go on to develop an account of subjects as not only norm-followers but also sense-makers, who have identities in virtue of their engagement in narrative dramas. Such subjects are socially constituted in at least two ways: through their 'dialogical' interactions with particular others , and through their position in a public culture which determines what counts as a meaningful possibility for action. This understanding of subjectivity allows me to develop a new account of the nature of social groups--such as groups based on gender, class and nationality--which provides an alternative to the conformity theory. Social groups contribute to individual identities not only by imposing norms, but also by providing sense-making resources, in the form of literary and artistic traditions as well as the actual lives and dramas of members. My account allows us to understand creativity and social resistance as enabled by subjects' membership in social groups, and it reveals how the internal diversity of a group can strengthen rather than compromise its role in individual identities. I end with a discussion of the political implications of my work. (shrink)

This research analyzes the overall arrest histories of persons aged 18-34 convicted for weapon-related deer spotlighting in Virginia during 1997 and 1998. Deer spotlighting, or "freeze-killing," is a specific form of deer poaching involving shining a deer with a spotlight for an easier kill. Defined as unsporting, freeze-killing constitutes animal abuse. This study isolated and compared arrest rates of white males - 90% of the sample in the present research - with estimated rates of a cross-sectional national sample of the (...) same race-sex-age combinations. Results showed that about two in five freeze killers had been arrested, more than one in five for a crime of violence. Freeze-killers had almost twice the rate for violent crime and almost three times the rate for property crime as the control group - after accounting for age and for the time at risk of arrest. The findings' direction is consistent with the recent literature and a "generality of deviance" approach, and support an earlier call to expand hypotheses about animal abuse to include other criminal correlates in addition to violence. (shrink)

Resumen: El supuesto de la constitución del yo a partir de la relación intersubjetiva que surge con el reconocimiento del otro hace emerger el problema del fundamento ontológico del yo. Por una parte, el yo no puede existir de manera aislada, pero por otra, subordinar su constitución a la relación con el otro puede debilitar el yo al hacerlo dependiente, para su constitución, en algo distinto de él. Hacer que la constitución del yo dependa de la relación intersubjetiva plantea la (...) cuestión del inicio: ¿Qué son, antes de relacionarse, aquellos que entran en relación? ¿Si el yo se reconoce a sí mismo reconociendo a otro, qué es aquello que reconoce? Estas preguntas apuntan a la búsqueda de un fundamento ontológico o metafísico para la antropología fenomenológica: el uno no puede depender del otro y a su vez este del primero. La antropología filosófica de Paul Ricoeur, con su énfasis en la corporalidad e historicidad del hombre, además de su diálogo con Aristóteles, ofrece respuesta a estas preguntas. Ricoeur estudia al hombre desde dentro, pero no olvida aquello propio del hombre que hace que el ser humano pueda ser reconocido y capaz de reconocer.: The proposition of the constitution of the self as starting from the intersubjective relationship that emerges from the recognition of the other, presents the problem of the ontological foundation of the self. On one hand, the self cannot exist in isolation, but on the other, making its constitution subordinate to the relation with the other can debilitate the self as it is made dependent, for its constitution, on something different from the self. If the constitution of the self is dependent on the intersubjective relation the question of its origin arises: What are those who enter a relation before relating? If the self only recognizes itself recognizing another, what is it that it recognizes? These questions are directed towards the search for an ontological or metaphysical foundation for the study of phenomenological anthropology. The self cannot depend on the other, and this one, in turn, on the self. Paul Ricoeur’s philosophical anthropology, with its emphasis on the corporeal and historical nature of man, and its dialogue with Aristotle, offers answers to these questions. Ricoeur studies man from his inner life but does not forget that which makes it possible for a human being to recognize and to be recognized. (shrink)

It is well known that Emmanuel Levinas places the ‘other’ at the heart of his phenomenology, as an agency the relation toward which constitutes subjectivity. As such, the Levinasian other is deprived of violence, and it is identified with the figures of the foreigner, the orphan, and the widow. The only resistance the other could muster against the violence directed at him/ her, argues Levinas, is what he terms as the resistance of lack of resistance. This article (...) aims at questioning this premise. Is the other indeed deprived of any violence? The readings of Derrida, Sartre, Foucault, Agamben, Freud, and Lacan can prove otherwise: either the other is equipped with contingent violence, in accordance with its intentions, as Derrida argues; or it is equipped with a priori violence, administered through the gaze, as Sartre shows. The violence of the other is linked to the violence of identity, as that which alienates the self from itself by depriving it of its fluctuating heterogeneity, whatever name it assumes. (shrink)

While analysing constitutions of various countries in the legal literature, usually not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state has a unique structure of their constitution, however, certain regularities can be discerned. The analysis of the structure of various constitutions leads to a conclusion that normally each constitution consists (...) of the following standard structural parts: the preamble, the main part, the final, transitional or additional provisions, in some constitutions there can also be annexes. The article ascertains that most of the constitutions begin with the introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. After analysing the preambles of the Lithuanian Constitutions adopted in 1918-1940, the Lithuanian Constitution of 1992, the Constitution of the United States of America of 1787, the Constitution of Federal Republic of Germany of 1949, and the constitutions of several Central and Eastern European countries (the Constitution of the Republic of Estonia of 1992, the Constitution of Czech Republic of 1992 and the Constitution of the Republic of Poland of 1997) it is stated that a preamble is considered as an inseparable part of an official text of a constitution. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered as significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts with the constitution. While interpreting and applying the constitution as a single act, its separate sections, clauses or certain provisions it is necessary to take the content of the preamble into account, since no text of the constitution shall be interpreted in a way to contradict the statements of the preamble and its spirit. The preamble is not only a category of a political, ideological or philosophical nature, it undoubtedly has the legal burden, therefore it is considered to have legal validity. Constitutions usually do not contain any particular preamble amendment procedures. The preambles are characterised to have the so-called higher style; they are usually formulated not in compliance with the requirements of legal technique. Therefore, they differ from other constitutional provisions that are usually set out in official writing style according to certain rules of legal technique. (shrink)

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit (...) occurs. This process begins by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)

The ruling of the Polish Constitutional Tribunal of October 22, 2020 introduced a near-complete ban on abortion in Poland, as it removed from the law the embryopathological condition that allowed abortion when the fetus had an incurable, severe disease. The ruling raises a number of questions regarding the recognition of international protection of human rights, the equal protection status of human rights, and the principle of trust in the state. The Tribunal’s ruling resulted in massive public protests in Poland, the (...) adoption of condemnatory resolutions by the European Parliament, and the submission of a new bill by members of the parliament from the opposition groups. The purpose of the paper is to show the questionable ruling issued by the Constitutional Tribunal from the perspective of protection of human rights and the attempts of opposition MPs to change the legal order. The Tribunal’s ruling violates women’s human rights and is therefore a form of discrimination against women. Attempts by opposition MPs to “civilize” the right to abortion have proved unsuccessful. The jurisprudence of the European Court of Human Rights may establish a breakthrough, as the Tribunal has received a complaint concerning the prevention of abortion on embryopathological grounds in connection with the ruling of the Constitutional Court of October 22, 2020. (shrink)

Why be moral? According to constitutivism, there are features constitutive of agency, actual or ideal, the properties of which explain why moral norms are normative for us. I aim to investigate whether this idea is plausible. I start off critically. After defining constitutivism and outlining its attractions and problems (chapter 1), I discuss the theories of various features of agency that are supposed to ground morality according to the leading constitutivists in the literature. I find these theories wanting. They are (...) based on implausible assumptions about agency (chapter 2), and they fail to make sense of moral (and other) norms because the so-called shmagency objection, according to which we can shirk from our normative commitments by being ‘shmagents’ rather than agents, appears in new ways for them (chapter 3). Then I get more constructive. I defend a two-tiered form of constitutivism. The first tier captures practical rationality, and the second tier captures reasons for action. Starting with the first tier, I defend a Humean theory of agency (chapter 4) and add a principle of instrumental rationality to it (chapter 5). Appendices A and B supplement these chapters with replies to criticisms of the Humean picture. In chapters 6 and 7, I put this conception of agency to work to reach the second tier of the view. I start by defending a form of reasons internalism which treats practical reasons as grounded in the desires of ideal agents (chapter 6). Then I extend this theory to moral reasons, arguing – unexpectedly for a Humean – that we have universally prescriptive reasons to cooperate with other cooperative agents to satisfy our other respective desires (chapter 7). Hence, the constitutive features of ideal agency ground a morality of cooperation. I conclude by summarizing the case for constitutivism (chapter 8). (shrink)

In considering the rise of American Humanism, we will explore these developments, as expressed in the Free Religious Association (FRA) and the early Chicago School of Philosophy. Brief consideration will be given to the developments in the Unitarian Church in America which led to the formation of the FRA in 1867. The focus on the FRA will center on four key founders, Ralph Waldo Emerson, Octavius Brooks Frothingham, Francis Ellingwood Abbot and William James Potter. Following the World’s Congress of Religions (...) (1893) and the adoption of Abbot’s “free religion” in a revised constitution for Unitarianism in 1895, the emphasis shifts to the early philosophy department at the University of Chicago and the rise of Humanism. Contributions and influences on the development of Humanism by George Burman Foster, Edward Scribner Ames, and Albert Eustace Haydon will be explored. (shrink)

In this article I will address the critical question of the constitution of global systems and the part played in such processes by what is often summarized as culture. I examine the important distinction between culture and globalization and culture as constitutive of global social relations. The need to cleave to a systemic treatment of globality is put, while noting the dangers that lie in one-dimensional accounts of global system constitution. To offset any such tendency I explore the (...) constitution of global systemness from a structurationist perspective. I outline the nature and significance of culture in the study of global systems, drawing attention to different literatures. Finally I underscore the importance of the cultural turn in the study of global systems and what has to be done to take full advantage of it.In what follows I will address the critical question of the constitution of global systems and the part played in such processes by what is conveniently – if sometimes unhelpfully – summarized as “culture”. By global systems I mean networks of interaction and meaning that transcend both societal and national frames of reference. I want to shift the emphasis away from an under-theorized focus on cultural globalization to a consideration of global systems as enacted in part through cultural processes. In other words, I do not want to conflate the conjunctional features of contemporary (cultural) globalization with culture as the realm of lived experience integral to the enactment of all social-systemic relations. In some respects this approach may be seen as part of a shift – perhaps a paradigm shift – in how we understand the space of the social, and in how, or whether, we construe the global as the constitutive of all social relations (Beck 2003; Shaw 2003). I will begin with a mild polemic against a well-known systemic account of world-making forces that highlights some of these issues. (shrink)

Emmanuel Levinas is one of the most important figures of twentieth-century philosophy. Exerting a profound influence upon such thinkers as Derrida, Lyotard, Blanchot, and Irigaray, Levinas's work bridges several major gaps in the evolution of continental philosophy--between modern and postmodern, phenomenology and poststructuralism, ethics and ontology. He is credited with having spurred a revitalized interest in ethics-based philosophy throughout Europe and America. _Entre Nous_ (Between Us) is the culmination of Levinas's philosophy. Published in France a few years before his death, (...) it gathers his most important work and reveals the development of his thought over nearly forty years of committed inquiry. Along with several trenchant interviews published here, these essays engage with issues of suffering, love, religion, culture, justice, human rights, and legal theory. Taken together, they constitute a key to Levinas's ideas on the ethical dimensions of otherness. Working from the phenomenological method of Edmund Husserl and Martin Heidegger, Levinas pushed beyond the limits of their framework to argue that it is ethics, not ontology, that orients philosophy, and that responsibility precedes reasoning. Ethics for Levinas means responsibility in relation to difference. Throughout his work, Levinas returns to the metaphor of the face of the other to discuss how and where responsibility enters our lives and makes philosophy necessary. For Levinas, ethics begins with our face to face interaction with another person--seeing that person not as a reflection of one's self, nor as a threat, but as different and greater than self. Levinas moves the reader to recognize the implications of this interaction: our abiding responsibility for the other, and our concern with the other's suffering and death. Situated at the crossroads of several philosophical schools and approaches, Levinas's work illuminates a host of critical issues and has found resonances among students and scholars of literature, law, religion, and politics. _Entre Nous_ is at once the apotheosis of his work and an accessible introduction to it. In the end, Levinas's urgent meditations upon the face of the other suggest a new foundation upon which to grasp the nature of good and evil in the tangled skein of our lives. (shrink)