This article explores whether artificial intelligence (AI) can engage in the practice of law as an art of good and justice. It examines the historical and philosophical foundations of law as the art of promoting societal harmony and resolving moral dilemmas. The research employs critical and philosophical analysis methods integrating insights from legal scholars, ethicists, technologists, and policymakers. The study identifies AI’s potential to streamline legal processes, enhance access to justice, and reduce bias in decision-making. However, it also highlights ethical (...) challenges such as transparency, accountability, and the impact on the legal workforce. The article emphasises the importance of striking a balance between technological innovation and human values, advocating for proactive regulation and interdisciplinary cooperation to ensure the ethical development and implementation of AI in law. The results of the study highlight the transformative potential of AI in revolutionising legal practice, emphasising its capacity to streamline processes, improve access to justice, and mitigate bias. However, ethical considerations such as transparency, accountability, and the preservation of human judgment are crucial to ensuring that AI integration in law upholds fundamental principles of justice and fairness. (shrink)

This book takes an interdisciplinary, transnational and cross-cultural approach to reflect on, critically examine, and challenge the surprisingly robust practice of making art after death in an artist's name, through the lenses of scholars from the fields of art history, economics and law, as well as practicing artists. Works of art conceived as multiples, such as sculptures, etchings, prints, photographs and conceptual art, can be - and often are - remade from original models and plans long after the artist has (...) passed. Recent sales have suggested a growing market embrace of posthumous works, contemporaneous with questioning on the part of art history. Legal norms seem unready for this surge in posthumous production and are beset by conflict across jurisdictions. Non-Western approaches to posthumous art, from Chinese emulations of non-living artists to Native American performances, take into account rituals of generational passage and emotional aspects foreign to Western ideas. The book will be of interest to scholars working in art history, the art market, art law, art management, museum studies, and economics. (shrink)

Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music Drama, the most elementally complex compound art form, to develop an idea of legal art as a distinctive empowered text, supported by the arts of drama, painting, sculpture, (...) dress-design, architecture, rhetoric and communication to form an elementally developed yet integrated unitary art work. Part I develops a new realist epistemology to support a contemporary action-type ontology of art, differentiated as art by virtue of its artistic value. Part II opens with a critical review of the arts in legal theory, before detailing the Law as Art and Law as Compound Artistic Type Hypothesis and locating them within contemporary scholarship. Legal philosophical implications are considered and there is an acronym key and glossary, bibliography and index. (shrink)

Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage tensions between incompatible legal systems and (...) bringing an end to harmful practices, such as foreign corruption and child abduction. Finally, it explores how international law has local resonance, whereby, for example, cities have taken it upon themselves to give effect to the spirit of international treaties that national governments fail to implement, or even may have refused to ratify. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Cyberspace, a term popularized in the 1984 novel Neuromancer, was used by William Gibson to describe the ‘consensual hallucination’ and interstitial online world that lies between the reality of our world and that of the surreal terrain of dreamscapes. While many attempts have been made to describe this intangible, yet seemingly perceptible space, the digital domain as a metaphor mirrors in many ways our own inadequate understanding of consciousness. Conversely, the physicist Michio Kaku explains that our reality is bounded by (...) hyperspace – a multi-dimensioned space beyond our quotidian 3D existence that runs parallel, or tangential, to us along with the phenomenon of time. Indeed, if space and time (here considered as space–time) are a consolidated whole in the physical sense, perhaps our consciousness, as a structure manifest within this continuum may itself be thought of as a sensorial projection of this amalgam that attempts to observe and make sense, or meaning, of this condition. In truth, what if our need and delight in storytelling is driven by the evolution of our biology, as well as our impulse to locate our place in the universe? This article will attempt to examine and delimit the narrative confines of space–time as an appeal to, and an endeavour at, uncovering the alterity of storytelling as a function of consciousness. It will visit the realms of the holograph, quantum mechanics, virtual and augmented realities, as well as other scientific and philosophical tracts as a means to investigate and explore the physiology of space and our imperative desire to share stories. (shrink)

Willem Witteveen, a member of the Upper House for the Dutch Labour Party and professor at Tilburg University, was among the passengers on the MH17 aircraft that crashed in eastern Ukraine in July 2014. Prior to this tragic incident, he had submitted the manuscript of “De wet als kunstwerk [The Law as a Work of Art]”. The posthumous edition of the book has been augmented with a foreword by his son, Freek Witteveen, and a series of collages and miniatures. Consequently, (...) it serves as a tribute and memorial to a distinguished jurist and esteemed politician. In his book, Witteveen presents a measured critique of the neoliberal ideology that has predominated in Dutch society for numerous years and has been embraced by both conservative and progressive political factions. He posits that this ideology demonstrates limited regard for the law as an end in itself, instead primarily utilizing the law as a means for addressing social issues: 'As soon as someone discovers the possibility of establishing rules, whether or not enforced with power or carried by authority, the temptation arises to see the rule as a solution to a problem, as the instrument in the hands of the community to make the problem manageable.' (450) Witteveen problematizes this inclination by examining the central metaphor underlying it: the metaphor of the tool. In this context, the laws enacted by the legislature are analogous to the tools employed by a craftsman, such as a mechanic or carpenter. [in Dutch: Willem Witteveen, Eerste Kamerlid voor de PvdA en hoogleraar in Tilburg, was een van de inzittenden van het passagiersvliegtuig MH17 dat in juli 2014 neerstortte in Oost-Oekraïne. Vlak voor deze tragische vlucht had hij het manuscript van De wet als kunstwerk ingeleverd. De postume uitgave van het boek is uitgebreid met een voorwoord van zoon Freek Witteveen en een serie collages en miniaturen. Het functioneert zodoende als eerbetoon en nagedachtenis aan een begaafd jurist en een bevlogen politicus. In zijn boek verzet Witteveen zich op ingetogen wijze tegen de neoliberale ideologie die de Nederlandse samenleving al vele jaren domineert en die door zowel de rechter als de linkerflank van de politiek is omhelsd. Volgens hem heeft deze ideologie weinig oog voor de wet als een doel op zichzelf, maar gebruikt ze de wet vooral als middel voor het oplossen van maatschappelijke problemen: ‘Zodra iemand de mogelijkheid ontdekt om regels vast te stellen, al dan niet met macht gehandhaafd of door gezag gedragen, doet zich de verleiding voor om de regel als een oplossing van een probleem te zien, als het instrument dat de gemeenschap in handen heeft om het probleem hanteerbaar te maken.’ (450) Witteveen problematiseert deze impuls door te kijken naar de centrale metafoor die eraan ten grondslag ligt: de metafoor van het gereedschap. Hierin worden de wetten van de wetgever vergeleken met het gereedschap van een ambachtsman, zoals een monteur of timmerman.]. (shrink)

Ever since Plato expelled the poets from his ideal state, the ethics of art has had to confront philosophy's denial of art's morality. In Art before the Law, Ruth Ronen proposes a new outlook on the ethics of art by arguing that art insists on this tradition of denial, affirming its singular ethics through negativity. Ronen treats the mechanism of negation as the basis for the relationship between art and ethics. She shows how, through moves of denial, resistance, and denouncement, (...) art exploits its negative relation to morality. While deception, fiction, and transgression allegedly locate art outside morality and ethics, Ronen argues they enable art to reveal the significance of the moral law, its origins, and the idea of the good. By employing the thought of Freud and Lacan, Ronen reconsiders the aesthetic tradition from Plato through Kant and later philosophers of art in order to establish an ethics of art. An interdisciplinary study, Art before the Law is sure to be of interest both to academic philosophers and to those interested in psychoanalytic theory and practice. (shrink)

Though nearly 400 pages, Benjamin Richardson’s The Art of Environmental Law, Governing with Aesthetics, will not tell you everything you always wanted to know about aesthetics and environmental law but were afraid to ask. What it will give you is a fascinating overview that is remarkably readable despite its considerable length.Richardson’s opening chapter explains that his objective is to show “how insights from aesthetics can enrich the study and understanding of environmental law.” (p. 5) Strictly speaking, what he draws upon (...) are insights about aesthetics rather than from aesthetic theories, philosophical or otherwise. Richardson does occasionally draw upon philosophical texts, most frequently those of Allen Carlson and Glenn Parsons, Arnold Berleant, Yuriko Saito, and Emily Brady. But this is a work of applied aesthetics, aimed at an interdisciplinary audience. Indeed its greatest strength is its interdisciplinarity. Richardson draws on studies of environmental law and landscape management, biodiversity conservation, museum practices, advertising, ecotourism, environmental restoration, land art, and environmental activism, as well as philosophical environmental aesthetics. The result is a valuable resource for anyone interested in the many different avenues through which aesthetic values, broadly construed, can enter into the development and application of environmental law. (shrink)

Over the last three decades, the art market has undergone a remarkable transformation. Before the 1990s, artworks were sold with hardly any concern about whether they had been stolen or looted, whereas now any reputable gallery or auction house checks the “provenance” of any substantial work before sale. This transformation reflects interlocking changes in law, norms, and institutions. New York’s and more broadly the United States’ assertion of jurisdiction and application of U.S. substantive law has destabilized title to stolen and (...) looted goods worldwide because American statutes of limitations generally provide weaker protection for those who possess stolen or looted goods even in good faith. Application of American law has had a profound effect, especially for the high end of the market, because European or Asian investors who purchase art outside of the U.S. may eventually want to sell or display their works in the U.S. Defective title under American law thus affects prices worldwide. The tightening and broader application of American law reflects both longstanding legal principles and changes in social norms towards the redress of historical wrongs, most notably prominent campaigns relating to art confiscated or sold under duress in Nazi Germany. New institutions, most importantly searchable databases recording stolen and looted art such as the Art Loss Register, are also changing perceptions about minimum standards for good faith purchase, which in turn affects both social norms and court cases. These new norms, induced by both legal changes and better information, have influenced the market even for less valuable art, for which sale or display in the U.S. is not a relevant consideration and for which the threat of costly legal action is not credible. The fact that social and institutionalized norms play an important role in protecting original owners is probably good, because norms and institutions can be effective even where law is not and often do so at lower cost. (shrink)

This article considers current advances in tattooing that are challenging community-held views of authorship and ownership, and the need to address this tension. The key challenge is from AI-generated artworks being used as tattoo designs, but the authorial role of the tattooist is also challenged by body art projects such as tattoo collection. Legal clarity for tattooing is lacking, and in addressing this, this article advocates for an open, community-based form of shared copyright ownership and authorship for projects as tattoo (...) collecting, drawing on Dusollier’s and Mendis’ work. This article contributes to both copyright and cultural heritage legal scholarship, and to tattooing scholarship and the tattooing community. AI-generated art being tattooed on people has not been explored in the literature to date, and this article fills this gap. Furthermore, this article contributes a pilot study of the tattoo community’s views on AI-generated tattoos, which is currently lacking from the scholarly debate on AI-generated art. This article argues that the debate within the tattoo community about AI-generated art being used in tattoos needs to be addressed within the community through agreed extra-legal norms, which may well depart from how copyright law decides to approach AI-generated art globally. This article also asserts that AI should _not_ be regarded as the “author” of tattoo works in the traditional copyright sense, as only a human tattooist can draw from a number of cultural, textual, audiovisual and visual, cultural folklore, history and mythical references in creating their tattoo designs, as well as drawing on the client’s personal stories. This article explores the following: (i) an understanding of tattooing as an artform; (ii) tattoos in UK copyright law; (iii) an exploration of the authorial role of the tattooist within tattooing; (iv) the authorial role of the tattooist within tattoo collecting; (v) AI-generated tattoos—perspectives from the tattoo community, through a pilot study of YouTube videos and viewer comments about this; and (vi) a consideration of whether copyright legal reform is the solution for the tattooing community. (shrink)

This essay explores how early approaches in feminist aesthetics drew on concepts honed in the field of feminist legal theory, especially conceptions of oppression and equality. I argue that by importing these feminist legal concepts, many early feminist accounts of how art is political depended largely on a distinctly liberal version of politics. I offer a critique of liberal feminist aesthetics, indicating ways recent work in the field also turns toward critical feminist aesthetics as an alternative.

A magisterial exploration of poetry’s place in the fine arts by one of the twentieth century's leading poets In this book, eminent poet Anthony Hecht explores the art of poetry and its relationship to the other fine arts. While the problems he treats entail both philosophic and theoretical discussion, he never allows abstract speculation to overshadow his delight in the written texts that he introduces, or in the specific examples of painting and music to which he refers. After discussing literature’s (...) links with painting and music, Hecht investigates the theme of paradise and wilderness, especially in Shakespeare’s The Tempest. He then turns to the question of public and private art, exploring the ways in which all the arts participate in balances between private and public modes of discourse, and between an exclusive or elitist role and the openly political. Beginning with a discussion of architecture as an illustration of a more general theme of discord and balance, the penultimate lecture probes the inner contradictions of works of art and our reactions to them, while the final piece concerns art and morality. (shrink)

Anthropological scholarship after Marilyn Strathern does something that might surprise lawyers schooled in the tradition of ‘law and society’, or ‘law in context’. Instead of construing law as an instrument of social forces, or as an expression of processes by which society maintains and reproduces itself, a new mode of anthropological enquiry focuses sharply on ‘law itself’, on what Annelise Riles calls the ‘technicalities’ of law. How might the legal scholar be inspired by this approach? In this article, I explore (...) one possible way of approaching law after anthropology, which is to find within law’s own archive a set of resources for an analogous representation of law itself. Drawing on the historical scholarship of Yan Thomas, I suggest that the Roman conception of law as object offers an engaging counterpart to the anthropological take on law as a specific set of tools or, technicalities, or as a particular art of making relations. (shrink)

This book demonstrates that art is implicit in the process of administration of international justice. The diverse nature of recent global threats as well as an overwhelming pull towards isolationism and nationalism challenge the dominant deterrence paradigm of international governance created in the aftermath of World War II. An alternative model is to focus on cooperation, and not deterrence, as a guiding operational principle. This study focuses on the theoretical component linking justice with aesthetics as well as on the practical (...) manifestation of this connection evident, inter alia, in the rhetoric of international courts, their architectural design, and their commemorative practices expressed by the practice of symbolic reparations adopted by some of the courts. The underlying premise of the book is that international justice requires new vocabulary and new approaches, which can be derived from the study of aesthetics. It is held that exploring the aesthetical dimension of international justice contributes to the discussion on the foundations of its authority and the grounds for compliance with it. The work engages deeply with the theory of aesthetics developed by Immanuel Kant and Abinavagupta, a Kashmiri critic, philosopher and scholar writing in the early 11th century. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, International Criminal Justice, International Law and International Relations. (shrink)

This article analyzes the legal-philosophical situation of Artificial Intelligence and the intelligent robot on being a subject of Law to be considered a creative person or author. The contradiction involved in allowing an object to present the legal duality of being protected as an object that it is and at the same time being considered a subject by the resulting work is analyzed, an impairment or vulgarization for the subject of Law as a moral subject when proposing the fictio legis (...) de a moral object, which is not conceivable. Instead, an alternative to such an aporia is proposed, more fictitious than real. (shrink)

This article refers to the issues associated with the crucial significance of the interpretation of tax law provisions made by administrative courts in the course of the judicial inspection of tax decisions, within the context of protecting the subjective rights of taxpayers. The analysis in that regard has been prepared based on the provisions of art. 153 of the Act of 25 July 2002 on Proceedings before Administrative Courts, which expresses the important rule of binding the court and the administrative (...) authority, whose act was the subject of an appeal, with a legal assessment and instructions regarding the further proceedings described in the decision of the administrative court. As a result of this rule, a decision of an administrative court exerts the results exceeding the scope of judicial administrative proceedings, while its effect also covers the future tax proceedings. If the legal assessment made by the court refers to the regulations that affect the subjective rights of a taxpayer, it means that the administrative court imposes the effects of “its” interpretation of those provisions on a tax authority. In turn, the tax authority is obliged to respect those rights in accordance with the opinions of the court, which usually affects the final resolution of a tax case. It should be borne in mind that a taxpayer, by submitting an appeal against a tax decision to an administrative court, demands not only an inspection of the acts of tax administration, but also - which should be emphasized - demands the execution of its rights, including its subjective rights. Therefore, we should not forget the crucial role of the administrative courts in the protection of the substantive rights of taxpayers. The instrument that allows the administrative courts to guard the subjective rights of taxpayers, consists in the procedural regulations included in the provisions on proceedings before administrative courts, and in particular art. 153 of the Act on Proceedings before Administrative Courts in Poland. (shrink)

THE ART OF CAUSAL CONJECTURE Glenn Shafer Table of Contents Chapter 1. Introduction........................................................................................ ...........1 1.1. Probability Trees..........................................................................................3 1.2. Many Observers, Many Stances, Many Natures..........................................8 1.3. Causal Relations as Relations in Nature’s Tree...........................................9 1.4. Evidence............................................................................................ ...........13 1.5. Measuring the Average Effect of a Cause....................................................17 1.6. Causal Diagrams..........................................................................................20 1.7. Humean Events............................................................................................23 1.8. Three Levels of Causal Language................................................................27 1.9. An Outline of the Book................................................................................27 Chapter 2. Event Trees............................................................................................... .....31 2.1. Situations and Events...................................................................................32 2.2. The Ordering of Situations and Moivrean Events.......................................35 2.3. Cuts................................................................................................ ..............39 2.4. Humean Events............................................................................................43 2.5. (...) Moivrean Variables......................................................................................49 2.6. Humean Variables........................................................................................53 2.7. Event Trees for Stochastic Processes...........................................................54 2.8. Timing in Event Trees.................................................................................56 2.9. Intersecting Event Trees...............................................................................60 2.10. Notes on the Literature...............................................................................61 Chapter 3. Probability Trees...........................................................................................63 3.1. Some Types of Probability Trees.................................................................64 ii 3.2. Axioms for the Probabilities of Moivrean Events.......................................68 3.3. Zero Probabilities....................................................................................... ..70 3.4. A Sample-Space Analysis of the Event-Tree Axioms.................................72 3.5. Probabilities and Expected Values for Variables.........................................74 3.6. Martingales......................................................................................... .........79 3.7. The Expectation of a Variable in a Cut........................................................83 3.8. Conditional Expected Value and Conditional Expectation.........................87 Chapter 4. The Meaning of Probability...........................................................................91 4.1. The Interpretation of Expected Value..........................................................92 4.2. The Interpretation of Expectation................................................................95 4.3. The Long Run..............................................................................................98 4.4. Changes in Belief.........................................................................................101 4.5. The Empirical Validation of Probability......................................................106 4.6. The Diversity of Uses of Probability...........................................................108 4.7. Notes on the Literature.................................................................................110 Chapter 5. Independent Events.......................................................................................113 5.1. Independence........................................................................................ .......114 5.2. Weak Independence.....................................................................................118 5.3. The Principle of the Common Cause...........................................................121 5.4. Conditional Independence............................................................................128 5.5. Notes on the Literature.................................................................................133 Chapter 6. Events Tracking Events.................................................................................135 6.1. Tracking............................................................................................ ...........137 6.2. Tracking and Conditional Independence.....................................................142 6.3. Stochastic Subsequence...............................................................................143 6.4. Singular Diagrams for Stochastic Subsequence...........................................147 6.5. Conjunctive and Interactive Forks...............................................................149 Chapter 7. Events as Signs of Events..............................................................................153 iii 7.1. Sign................................................................................................ ..............154 7.2. Weak Sign................................................................................................ ....159 7.3. The Ethics of Causal Talk............................................................................160 7.4. Screening Off...............................................................................................16 2 Chapter 8. Independent Variables...................................................................................167 8.1. Unconditional Independence........................................................................170 8.2. Conditional Independence............................................................................175 8.3. Independence for Partitions.........................................................................177 8.4. Independence for Families of Variables......................................................182 8.5. Individual Properties of the Independence Relations...................................186 Chapter 9. Variables Tracking Variables........................................................................189 9.1. Tracking and Conditional Independence: A Summary...............................190 9.2. Strong Tracking............................................................................................ 192 9.3. Strong Tracking and Conditional Independence..........................................198 9.4. Stochastic Subsequence...............................................................................201 9.5. Functional Dependence................................................................................203 9.6. Tracking in Mean.........................................................................................204 9.7. Linear Tracking............................................................................................ 207 9.8. Tracking by Partitions..................................................................................210 9.9. Tracking by Families of Variables...............................................................212 Chapter 10. Variables as Signs of Variables...................................................................215 10.1. Sign................................................................................................ ............219 10.2. Linear Sign................................................................................................ .222 10.3. Scored Sign................................................................................................ 225 10.4. Families of Variables.................................................................................227 Chapter 11. AnTheory of Event Trees.............................................................229 11.1. Event Trees as Sets of Sets........................................................................230 11.2. Event Trees as Partially Ordered Sets........................................................232 iv 11.3. Regular Event Trees...................................................................................240 11.4. The Resolution of Moivrean Variables......................................................244 11.5. Humean Events and Variables...................................................................246 Chapter 12. Martingale Trees..........................................................................................247 12.1. Examples of Decision Trees......................................................................249 12.2. The Meaning of Probability in a Decision Tree.........................................253 12.3. Martingales......................................................................................... .......257 12.4. The Structure of Martingale Trees.............................................................261 12.5. Probability and Causality...........................................................................265 12.6. Lower and Upper Probability.....................................................................269 12.7. The Law of Large Numbers.......................................................................272 12.8. Notes on the Literature...............................................................................274 Chapter 13. Refining............................................................................................ ...........275 13.1. Examples of Refinement............................................................................277 13.2. A Constructive Definition of Finite Refinement.......................................281 13.3. Axioms for Refinement..............................................................................282 13.4. Lifting Moivrean Events and Variables.....................................................288 13.5. Refining Martingale Trees.........................................................................288 13.6. Grounding........................................................................................... .......294 Chapter 14. Principles of Causal Conjecture..................................................................299 14.1. The Diversity of Causal Explanation.........................................................302 14.2. The Mean Effect of the Happening of a Moivrean Event..........................305 14.3. The Effect of a Humean Variable..............................................................311 14.4. Attribution and Generality.........................................................................316 14.5. The Statistical Measurement of the Effect of a Cause...............................319 14.6. Measurement by Experiment.....................................................................320 14.7. Using Our Knowledge of How Things Work............................................322 v 14.8. Sampling Error...........................................................................................329 14.9. The Sampling Frame..................................................................................329 14.10. Notes on the Literature.............................................................................330 Chapter 15. Causal Models.............................................................................................3 31 15.1. The Causal Interpretation of Statistical Prediction....................................333 15.2. Generalizing to a Family of Exogenous Variables....................................337 15.3 Some Joint Causal Diagrams......................................................................339 15.4. Causal Path Diagrams................................................................................342 15.5. Causal Relevance Diagrams.......................................................................346 15.6. The Meaning of Latent Variables..............................................................352 15.7. Notes on the Literature...............................................................................357 Chapter 16. Representing Probability Trees...................................................................359 16.1. Three Graphical Representations...............................................................361 16.2. Skeletal Simplifications.............................................................................368 16.3. Martingale Trees in Type Theory...............................................................371 Appendix A. Huygens’s Probability Trees.....................................................................379 Huygens’s Manuscript in Translation..................................................................380 Appendix B. Some Elements of Graph Theory..............................................................385 B1. Undirected Graphs........................................................................................385 B2. Directed Graphs............................................................................................38 6 Appendix C. Some Elements of Order Theory...............................................................393 C1. Partial and Quasi Orderings.........................................................................393 C2. Singular and Joint Diagrams for Binary Relations.......................................394 C3. Lattices............................................................................................ .............395 C4. The Lattice of Partitions of a Set..................................................................396 Appendix D. The Sample-Space Framework for Probability.........................................399 D1. Probability Measures....................................................................................399 D2. Variables........................................................................................... ...........400 vi D3. Families of Variables...................................................................................401 D4. Expected Value............................................................................................402 D5. The Law of Large Numbers.........................................................................405 D6. Conditional Probability................................................................................406 D7. Conditional Expected Value........................................................................407 Appendix E. Prediction in Probability Spaces................................................................409 E1. Conditional Distribution...............................................................................411 E2. Regression on a Single Variable...................................................................412 E3. Regression on a Partition or a Family of Variables......................................415 E4. Linear Regression on a Single Variable.......................................................418 E5. Linear Regression on a Family of Variables................................................422 Appendix F. Sample-Space Concepts of Independence.................................................425 F1. Overview............................................................................................ ...........426 F2. Independence Proper.....................................................................................432 F3. Unpredictability in Mean..............................................................................434 F4. Simple Uncorrelatedness..............................................................................437 F5. Mixed Uncorrelatedness...............................................................................438 F6. Partial Uncorrelatedness...............................................................................440 F7. Independence for Partitions..........................................................................442 F8. Independence for Families of Variables.......................................................445 F9. The Basic Role of Uncorrelatedness.............................................................448 F10. Dawid’s Axioms.........................................................................................449 Appendix G. Prediction Diagrams..................................................................................453 G1. Path Diagrams............................................................................................ ..454 G2. Generalized Path Diagrams..........................................................................462 G3. Relevance Diagrams.....................................................................................466 G4. Bubbled Relevance Diagrams......................................................................475 Appendix H. Abstract Stochastic Processes...................................................................479 vii H1. Probability Conditionals and Probability Distributions...............................477 H2. Abstract Stochastic Processes......................................................................479 H3. Embedding Variables and Processes in a Sample Space.............................480 References.......................................................................................... ..............................491. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Somaesthetics, Education, and the Art of DancePeter J. Arnold (bio)This essay has two related purposes. The first is to explicate what dance as an art form should minimally comprise if it is to be taught as a distinctive aspect of education in the school curriculum. The second and main purpose is to argue that dance, if taught in accordance with what is outlined, is not only an efficacious means (...) in the development, understanding and promotion of somaesthetics, a new term in aesthetic theory, but an example of itsvery embodiment. Put differently it will be upheld that the practice of danceis not only an excellent vehicle in the promotion of somaesthetics but a paradigm case of what it is.But what is somaesthetics? Briefly put, in common with the thinking of some noted philosophers in the past, it can be said that somaesthetics is as much concerned with the idea of being a person and living well as with the development of rational thought and the development of the intellect. It emphasizes, in particular, that the soma in the form of its physical skills, senses and pleasures plays no less a part in the living of a full life than conceptual understanding and the imaginative use of language.1 Richard Shusterman, upholding these sentiments, refers to somaesthetics asthe critical and meliorating study of the experience and use of one's body as a locus of sensory aesthetic appreciation and creative self-fashioning. It is....devoted to the knowledge, discourses, practices, and bodily disciplines that structure such somatic care or can improve it.2Although such values and concerns are known to many educationists, they are rarely acted upon or taught in a deliberate or systematic way. Even within the realms of dance and sport more could be done than is done somaesthetically to educate in the interests of what it is to be a whole person. [End Page 48]Before embarking on the task of exemplifying dance as a form of somaesthetics, it will be helpful first to say a little about education and the idea of dance as a valued human practice; and second, to say something about the aesthetic in relation to art.Education and the Art of Dance as a Valued Human PracticeWhat is clear about the idea of dance as an art form is that it is more than the human body making rhythmical and patterned movements in space. It can be more accurately described as a coherent and complex range of actions in which intentions are physically expressed in terms of a meaningful performance that is artistic in nature and not merely aesthetic in appeal.It is my view that these elements of what constitutes dance best come together and are most readily grasped when it is seen as a valued form of human practice. Following Alistair MacIntyre, I take the term "practice" to meanany coherent and complex form of socially established co-operative human activity through which goods internal to that activity are realized in the course of trying to achieve those standards of excellence which are appropriate to, and partially definitive of, that form of activity, with the result that human powers to achieve excellence and human conceptions of the ends and goods involved are systematically extended.3The idea of the arts as forms of practice is helpful in at least two important ways. First, it draws attention to the fact that an art, like medicine, the law, or sport, is a distinctive form of life with its own standards, values, and procedures. Second, it recognizes, in keeping with the idea of education, thatthe internal goods of an activity, like the art of dance, will enlighten and enlarge the powers of the participant. MacIntyre undoubtedly recognizes the connection between the idea of a practice and the concept of education when he observes the proper end of education isto help to discover activities whose ends are not outside themselves — The critical ability which ought to be the fruit of education serves nothing directly except itself, no one except those who exercise it — above all the task of education is to teach the value of activity for its own... (shrink)

This book provides an interdisciplinary study of how design and botanical science came together in the 19th century, examining the work of leading botanists, designers and illustrators such as Sarah Drake, John Lindley, Owen Jones and Christopher Dresser. It reveals how design reformers looked to 'art botany', the practice of basing decorative form and ornament on the hidden, natural laws that govern plant growth and structure, as a model for how to create and identify what is new and incorporate it (...) into what was already familiar and meaningful, in order to develop a national design aesthetic and a professional field of practice. (shrink)

The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the (...) many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a 'must read' that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture and Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law's representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities and the Arts, Australian National University, Australia. (shrink)

Prior to its publication, Gary Cox's MakingVotesCount was widely and eagerly anticipated. (Indeed, some years ago, I received a referee report dismissing my submission as unnecessary because superior analysis would eventually appear in Cox's then forthcoming manuscript.) Upon its release in 1998, the book was instantly lauded: it collected multiple awards, including the prestigious Woodrow Wilson prize for best book published on government, politics, or international affairs. This acclaim was scarcely surprising – Cox has been one of the foremost scholars (...) of elections and legislatures for the whole of his professional career. He is responsible for an impressive body of work spanning multiple research topics, nations, and methods of analysis. This book is testimony to his breadth, as it catalogs the key electoral features of virtually the whole set of modern democracies (more than 70), and makes frequent forays into diverse nations in search of empirical support for novel theoretical findings. In brief, Cox's project is to bring together a large formal, deductive literature on voting rules and social choice with an equally voluminous empirical, inductive literature on elections and party systems in the world's democracies. The prizes it garnered are one measure of the book's success at this merger; a large boost in Cox's swelling citation count will doubtless follow, reiterating the judgement that this is the major work on electoral law and voting to date. (shrink)

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

Postcolonial discourse is incredibly diverse and postcolonial art in Australia has numerous critical modes. This paper describes an approach in Contemporary Indigenous art that attempts a critique of the law from within the law rather than outside of it. It takes a radical form of over-proximity, rather than avant-garde distance, and finds the gap and failure in law’s attempt at creating legal subjects of us all. In the work of Gordon Bennett, Danie Mellor and the duo Adam Geczy and Adam (...) Hill, there is a working through the political and legal ramifications of the Indigenous subject in contemporary Australia. The focus on processes of initiation and subjectivization, or what Althusser called “interpellation” and show the effects of this interpellation in the Indigenous subject and offer modes of resistance. The artists are informed by Lacanian notions of subjectivization and utilise this approach to semiotics and power as the starting point for their critique. (shrink)

_The Laws_, Plato's longest dialogue, has for centuries been recognized as the most comprehensive exposition of the _practical_ consequences of his philosophy, a necessary corrective to the more visionary and utopian _Republic_. In this animated encounter between a foreign philosopher and a powerful statesman, not only do we see reflected, in Plato's own thought, eternal questions of the relation between political theory and practice, but we also witness the working out of a detailed plan for a new political order that (...) embodies the results of Plato's mature reflection on the family, the status of women, property rights, criminal law, and the role of religion and the fine arts in a healthy republic. "Because it succeeds in being both literal and comprehensive, it is by far superior to any translation available. By reproducing dramatic detail often omitted, such as oaths, hesitations, repetitions, and forms of address, Pangle allows the reader to follow the dialogue's interplay between argument and dramatic context.... Pangle's translation captures the excitement and the drama of Plato's text."—Mary P. Nichols, _Ancient Philosophy_ "Pangle's achievement is remarkable.... The accompanying interpretive essay is an excellent distillation of a dialogue three times its size. The commentary is thoughtful, even profound; and it amply demonstrates the importance of reading Plato carefully and from a translation that is true to his language."—Patrick Coby, _American Political Science Review_. (shrink)

Most readers of Plato’s dialogues would probably think of him as likely to approve more of the old masters than of new art. The old masters were on the whole far more realistic than modern painters—compare, say, Velázquez Innocent X (1650) with Matisse The Snail (1953)2—and Plato often seems to take issue with an artist if he departs even slightly from realism. A long section of the Ion, for example, is dedicated to showing that experts in charioteering, medicine, and other (...) areas make the best judges about what poets say on those subjects, ostensibly because only experts can tell how realistically the poet represents chariots, medical treatments and the like.3 Even more telling is the view, famously expressed in the Republic, which suggests that painters should paint things according to what they actually look like:. (shrink)

M.H.L. is a theatrical production dedicated to the first Slovak professional female director Magda Husáková-Lokvencová, which combines documentary theatre and performance. Sláva Daubnerová wrote the script and scene concept and is director and plays the sole character in the play. She portrays the private and professional life of M.H.L. in a chronologically sequenced and mosaic-like fashion. M.H.L. is portrayed as an educated, broad-minded and intelligent woman who knows her own mind. She graduated in law and then took up theatre direction. (...) Her private and professional life represented a series of ups and downs. Initially happy at the side of her husband, Gustáv Husák—successful early on as a politician, and flourishing in the theatre, she later had to struggle to survive and make a comeback to the theatre. Performer Daubnerová, enhanced the performance by using video art and sound design as important elements in the production. (shrink)

From the topics discussed by Hattab and Menn, I examine two of special importance. The first is that of active powers: does the Cartesian natural world contain any, or is the apparent efficacy of natural agents always to be referred to God? In arguing that it is, I consider, following Hattab, Descartes' characterization of natural laws as "secondary causes." The second topic is that of ends. Menn argues, and I agree, that in late Aristotelianism Aristotle's own conception of an "art (...) in things" has been abandoned. The point is reinforced when one considers the general divine ends which must be invoked in cases of aborted action. In them no individual agent attains its end. Yet Nature as a whole continues to act toward ends. I suggest that those general ends, to which Suárez, for example, refers, may have served later philosophers, especially Malebranche, in combining the Cartesian notion of law with a teleological interpretation of nature that Descartes, for his part, rejected. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Art in Social Studies: Exploring the World and Ourselves with RembrandtIftikhar Ahmad (bio)IntroductionRembrandt’s art lends itself as a fertile resource for teaching and learning social studies. His art not only captures the social studies themes relevant to the Dutch Golden Age, but it also offers a description of human relations transcending temporal and spatial frontiers. Rembrandt is an imaginative storyteller with a keen insight for minute details. His narrative (...) of the culture, society, economy, geography, and contemporary events of seventeenth-century Dutch life is as vivid and perceptive as a historian’s eloquent text. How people lived in community, how the city of Amsterdam functioned, how important religion was to people, how diverse and cosmopolitan the culture was, how interdependent the world was in the seventeenth century, and what the social and civic ideals of the Dutch people were during the Golden Age—Rembrandt’s paintings, etchings, and drawings neatly organize these and other social studies themes into visual messages. More importantly, our appreciation and interpretation of Rembrandt’s work helps us learn about not just Dutch society and culture of four hundred years ago but also about ourselves. The passion, emotions, conflicts, and inspirations of his subjects are essentially human and eternal, arousing empathy in every generation and cross-section of society. In this article I look at Rembrandt’s art for the purpose of teaching and learning social studies in our contemporary interdependent world—a world that is chronologically and geographically distant from the Dutch Golden Age but in many respects shares its enduring values, norms, ideals, pursuits, challenges, and possibilities. To do so, I employ a conceptual lens—the curriculum thematic strands of the National Council for the Social Studies (NCSS)—to examine Rembrandt’s art in order to explore life and make meaning of the story that is being told about the human condition, and to seek out its relevance to ourselves and [End Page 19] our world in the early twenty-first century. Although Rembrandt’s oeuvre is extensive, including the diverse genres of self-portraits, group portraits, drawings, etchings, landscapes, and religious themes, for our limited purpose I have selected only those works that, in my judgment, correspond with the following seven of the ten thematic curriculum strands of the NCSS:CultureTime, Continuity, and ChangePeople, Places, and EnvironmentIndividual Development and IdentityProduction, Distribution, and ConsumptionGlobal ConnectionsCivic Ideals and PracticesThese thematic curriculum strands are derived from the foundational disciplines of the social sciences and humanities such as anthropology, history, geography, sociology, political science, psychology, economics, philosophy, and law, but they are conceptually interrelated.1 For example, culture is a core concept in anthropology but it is also relevant to Time, Continuity, and Change, which is the main concept in the history discipline. Similarly, culture is relevant to the theme of People, Places, and Environment, which is the central focus of geography. More importantly, since social studies is about human experiences, there is a general consensus among the social studies educators that classroom teachers should draw content knowledge not just from the social sciences as mentioned here but from wide sources “to construct curricular experiences enabling students to actively relate new knowledge to existing understanding.”2 That is to say all fields of knowledge that are related to human civilization and that help in developing students’ skills in reflective thinking, decision making, and problem solving are relevant to social studies education. Those fields also include art. Rembrandt’s art is especially relevant because his themes are universal and the social, political, and economic contexts in which he created his work—globalization, individualism, and free enterprise—are more or less similar to our age.It needs to be mentioned that by looking at Rembrandt’s art from the social studies perspective it is not my intention to strip his work of its aesthetic scope and value. On the contrary, by looking at Rembrandt in the social studies classroom I seek to humanize social studies education itself. That [End Page 20] is to say I wish to step back from the conventional view of social studies to feel free from the bonds of traditionalism and discover, describe, analyze... (shrink)

Ideas About Art is an intelligent, accessible introductory text for students interested in learning how to think about aesthetics. It uses stories drawn from the experiences of individuals involved in the arts as a means of exposing readers to the philosophies, theories, and arguments that shape and drive visual art. An accessible, story-driven introduction to aesthetic theory and philosophy Prompts readers to develop independent ideas about aesthetics; this is a guide on how to think, not what to think Includes discussions (...) of non-western, contemporary, and discipline-specific theories Examines a range of art-based dilemmas across a wide variety of disciplines - from art and design and law to visual and museum studies. (shrink)

This article investigates the use of natural law in biolaw from the specific perspective of an attorney practising before the European Court of Human Rights. Starting from an exploration of the question of who is a human and thereby to be protected under the European Convention on Human Rights (ECHR), particular emphasis is placed on the right to life under Art. 2(1) ECHR. It is shown that natural law can – and should – impact the interpretation of the European Convention (...) on Human Rights and that concrete consequences follow from this approach, most notably the requirement to ensure that every human being, including the unborn, is actively protected as concerns the right to life. (shrink)

The philosophical logic of Stéphane Lupasco, based on the principles of dynamic opposition and a law of the included middle, offers a needed alternative to the still quasi-exclusive application of classical, binary logic to post-classical natural and social sciences, art theory and political and social action. The system of Lupasco, extended by Basarab Nicolescu by the principle of levels of reality, is grounded in the major discoveries in quantum physics, biology, mathematics and systems science of the twentieth century. It leads (...) to a conception of the unity of knowledge and to a rigorous description of the dynamics of the highest human faculties of consciousness, art and social justice. As one of the ‘pillars’ of transdisciplinarity, this logic provides an interpretation of the fundamental modes of functioning of the physical and mental universes and the emergence of the new reality of ‘cyber-space-time’. The argument is made that an understanding of the underlying logic is essential to the transdisciplinary perspective, practice and attitude. The concepts of Lupasco and Nicolescu are thus relevant to issues discussed in Technoetic Arts. (shrink)

The recent removal of the Richard Prince’s artwork Spiritual America from the Tate Modern’s “Pop Life: Art in a Material World” exhibition is the most recent and high-profile case of a work of art being withdrawn from a gallery in the UK on the grounds that it has allegedly breached legislation concerning indecent images of children. Surprisingly, the issue has been hardly considered by academics from law departments and is almost entirely ignored by philosophers specializing in aesthetics and ethics. This (...) essay considers the ethics of images of children by drawing from continental ethics and aesthetics, and by engaging with the only significant treatment of the subject undertaken by a philosopher, namely Peter J. King’s “No Plaything.” This paper shows that a continental perspective can open up positions that King’s ‘objectivist utilitarianism’ is oblivious of. In particular, the essay draws from Derrida’s reading of Kant’s Third Critique and the former’s quasi-conception of “the frame” in The Truth in Painting and “droit de regard” in Right of Inspection. In distinction to King, this paper engages with the actual existing reality of currently enacted laws and their application in particular cases such as in Spiritual America. I will begin with art ‘in the frame’ as the colloquial expression has it, art wrongfully and unjustly accused by the police. I will proceed via an examination of the question of the frame in Kant and Derrida, to demonstrate a need to reclaim the ethical status of works of art. The core procedure of my paper will be a ‘rediscovery’ of Spiritual America as the Kantian example that allows us to find the law. My argument will be that no work of art or image can of itself be decent or indecent. (shrink)

In his article, "The End of Aesthetic Experience" (1997) Richard Shusterman studies the contemporary fate of aesthetic experience, which has long been regarded as one of the core concepts of Western aesthetics till the last half century. It has then expanded into an umbrella concept for aesthetic notions such as the sublime and the picturesque. I agree with Shusterman that aesthetic experience has become the island of freedom, beauty, and idealistic meaning in an otherwise cold materialistic and law-determined world. My (...) paper starts from the main dimensions of aesthetic experience in the history of Western aesthetics as concluded by Shusterman. In terms of our experiential practices in the fragmentation of modern life and the disjointed sensationalism of the media, I also agree with Shusterman that people are losing the capacity for deep experience and feeling, especially when we are undergoing various extensive series of informational revolutions. My paper is also a response to Shusterman's claim that the concept of aesthetic experience is worth recalling, not for formal definition but for art's reorientation toward values and populations that could restore its vitality and sense of purpose. I mention the recent calls for values and life concerns in art in the Anglo-American aesthetics circles, which has also turned to the possible strength of aesthetic experience, claiming that "Aesthetics is the Mother of Ethics." Amidst the discourse is the review of John Dewey's notion of "aesthetic experience," which claims to support a transcultural view and common patterns, as the relationship is structured around human needs. A basic question posed in the article is whether this Deweyan notion still remains equally influential as in the past and whether it really provides a satisfying answer to the problem of art and value? The discussion will turn then to neo-Confucian aesthetic models for reference, and to point out some meaningful comparative revelations. (shrink)

Three movements that trace a certain understanding of law, from textual to spatial/material to spectacularised. The passages between the three movements are performed with the help of a visualisation that keeps on evolving, following the narrative of the legal understanding. This is accompanied by a thick description of instances from various iterations of an art performance/participatory game I have been performing in the past few years at various art and law institutions called _escaping the lawscape_. These hermeneutic tools help me (...) situation the law from a critique of Habermasian rationality to a critique of Luhmannian functionality, only to arrive to a full aestheticisation of contemporary law as a spectacle that needs to prove its validity through social media and other techniques of packaging. (shrink)

In his 1836 lectures to the Royal Institute, the great landscape painter John Constable stated that ‘Painting is a science, and should be pursued as an inquiry into the laws of nature.’ Landscape, he went on to say, should ‘be considered a branch of natural philosophy, of which pictures are but the experiments.’1Constable makes two claims in this striking passage. The first is that painting is a form of inquiry. This is, by itself, a bold claim, but Constable goes on (...) to state that painters and scientists inquire in the same way. As controversial as these views are, both of them have been sympathetically entertained in recent years by several philosophers. In particular, Nelson Goodman and Catherine Elgin have maintained that painting, and the other arts, are forms of inquiry, and that they are akin to the sciences in important respects.2I think, however, that Constable is only half right. Although I agree that the arts are forms of inquiry, I will argue that the arts and the sciences employ radically different methods. That the arts and the sciences are very different forms of inquiry might seem to be a point so obvious as to be scarcely worth making. We can, however, appreciate more clearly how the arts can contribute to our knowledge by contrasting its methods with those of science. (shrink)

International relations (IR) is both a science and an art, i.e. the unity of object and subject. Traditional international relations theories (IRT) have probed the laws of IR, in an attempt to become the universal science. IRT have developed into a class doctrine that defends the legitimacy of the western international system as a result of proceeding from the reality of IR, while neglecting its evolving process, and overlooking the meaning of art and the presence of multi-international systems. In other (...) words, IRT have turned into what Karl Marx might have deemed as the vulgar international relations theories (VIRT). For this reason, we declare the end of international relations theories. This phenomenon can only be negated by the so-called Chinese School, which will set the sustainable and harmonious relations among nations, between state and non-state actors, and within states and non-state actors (in one word ) in five life-forces of economy, politics, military, culture, and religion. Consequently, this will bring about a real regression of nationality and compatible development of various international systems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.3 (2001) 183-206 [Access article in PDF] Design and the New Rhetoric: Productive Arts in the Philosophy of Culture 1 Richard Buchanan In a seminal article on the study of rhetoric in the Middle Ages, Richard McKeon proposed a strategy for inquiry that illuminated the development of the art in a period where traditional histories had found little of intellectual significance. 2 He argued that instead (...) of studying rhetoric as a simple verbal discipline with a more or less constant subject matter drawn from style or the interpretation of the works of poets and orators or the law, one could study the changing conceptions of subject matter and purpose by which rhetoricians thought to distinguish and oppose their doctrines. By studying the basic philosophic differences that are implicated in changing conceptions of rhetoric, one could discover intelligible patterns in the development of the art that otherwise may appear whimsical, haphazard, arbitrary, or merely verbal. What followed was the discovery of how the doctrines and devices of rhetoric in the Middle Ages spread with little recognition to subject matters far from those ordinarily ascribed to it. McKeon summarized the patterns in three lines of intellectual development. First was the tradition of rhetoricians themselves; second was the tradition of philosophers and theologians; and third was the tradition of logicians. The article concludes with a discussion of how these lines of development were extended in the Renaissance, with implications for the changing relationship of art and science that continues to unfold in the twentieth century around the development of technology.What would a study of rhetoric in our own period look like if rhetoric were explored by McKeon's strategy? Among rhetoricians the record of past meetings of organizations such as the Rhetoric Society of America provides evidence for how the lines of intellectual development revealed by McKeon are extended in contemporary culture. For example, we find continuing attention to the study of rhetoric as a simple verbal discipline [End Page 183] with a more or less constant, traditional subject matter of style and literature. The problems of writing and speaking remain with us, and the traditional resources of rhetoric continue to inform new investigations. In addition, we find growing interest in expanding rhetorical studies to incorporate the interpretation of new kinds of literature as well as other creative works in the cultural arts, philosophy, and the sciences and technology. These studies are often innovative, though they are also easily recognized as an extension of traditional rhetorical arts. As Thomas Conley has remarked, "the present in rhetorical studies is prelude to an encouraging future." 3Following McKeon's strategy, however, the study of rhetoric in our period would not stop with the work of formally recognized rhetoricians and scholars of rhetoric. McKeon argued that rhetoric is an unusually clear example of a general tendency among the arts and sciences for doctrines and devices to move across disciplinary boundaries and stimulate innovation in new circumstances. Rhetoric provides this example precisely because it is universal in scope and shared among all intellectual disciplines. Furthermore, only rhetoric is traditionally characterized from antiquity by many of its leading theorists and practitioners as an art of invention and discovery. Whatever their primary focus in subject matter and purpose, all disciplines are concerned at some point with invention and the eventual disposition of inventions in a medium of communication and application. Therefore, it is only proper that whatever our concern about the problems of writing and speaking well, rhetoricians should also direct their attention to innovations in other fields and disciplines, particularly sensitive to the movement of their own doctrines and devices and the consequent innovations that have occurred as a result. The focal question is one of the central issues that concerned McKeon in his study of rhetoric in the Middle Ages. How may we profitably consider the many innovations that have occurred in fields far removed from those traditionally associated with rhetoric, but with a degree of independence from the field in which they are usually celebrated?This is what McKeon himself pursued... (shrink)

Street art and graffiti are on the rise and their problematic relationship with the law is becoming an increasingly pressing issue. This paper considers a series of high profile street art controversies involving famous street artists Banksy and Alice Pasquini as cases studies for illuminating such a relationship. First, by discussing the “Banksy’s Law” – a “law” protecting street artworks in the style of Banksy while condemning graffiti – and its perceived arbitrariness, I investigate what I call the structural differences (...) between aesthetic and legal judgments. While not denying some continuity in reasoning about the law and the arts, I argue that legal judgments possess a degree of formality that cannot be found in their aesthetic counterpart. Second, in expanding my discussion, I also maintain that aesthetic considerations should not function as overriding reasons in legal determinations. By being illegal, many street artworks and graffiti acquire subversive power. If deprived of the possibility of challenging the law because of their aesthetic value, these art forms would lose much of their political value. And, more generally, a world where artworks cannot challenge the law is a world where the arts are rather superficial forms of entertainment. (shrink)

Susan Sauvé Meyer presents a new translation of Plato's Laws, 1 and 2. In these opening books of Plato's last work, a Cretan, a Spartan, and an Athenian discuss legislative theory, moral psychology, and the criteria for evaluating art. The interlocutors compare the relative merits of different nomoi (laws, practices, institutions), in particular, the communal meals (sussitia) practiced in Sparta and Crete and the paradigmatically Athenian institution of the drinking party (sumposion). They agree that the legislator's goal is to inculcate (...) virtue in the citizens, but they disagree about what the virtues are, and what institutions are required to inculcate them. The Spartan and Cretan, who value military strength in a city and courage in its citizens, see no value in drinking parties, which they take to encourage softness and susceptibility to pleasure. The Athenian insists that drinking parties train citizens in moderation, just as military exercises train citizens in courage. He defends this paradoxical thesis by offering a moral psychology and theory of virtue (rather different from that of the Republic but highly evocative of Aristotle's Ethics), along with a theory of education in which choral song and dance play an important role. A detailed discussion of the criteria for evaluating works of art rounds out the discussion, and here too the reader will find a discussion very different from the treatment of art in the Republic. Meyer's fluent and readable translation achieves a high standard of fidelity to the original Greek. The commentary lays bare the structure of the argumentation, illuminates the philosophical issues, and explains difficult passages, making this complex and intricate work accessible to students and scholars alike. (shrink)

This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of (...) the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. (shrink)

This paper explores an analogy between two approaches to teleology in nature and two theories of authorship. I argue that Spinoza’s attempt (as Kant criticizes it in the Third Critique) to explain all natural unity, and explain away apparent teleological unity, in terms of inhering in the same subject (God) or proceeding causally from God’s essence mirrors the view Proust lays out in the essay “Gustave Moreau” that the features of a work of art are unified in virtue of occurring (...) together in, and proceeding from the laws of, the artist’s inner soul. Meanwhile, the strategy Kant favors for understanding interdependent natural systems like organisms—provisionally considering them as purposively designed—resembles the one Alexander Nehamas recommends in “The Postulated Author” (1981) for interpreting a work of art: imagining the agent who could have intended all its features. I propose that this analogy sheds light on the unity of the two parts of the Third Critique by pointing to the similarity between interpreting beautiful objects and interpreting nature. (shrink)

Much has been written about Schopenhauer’s use of Kant’s aesthetics as well as Schopenhauer’s adherence to and departures from Kant’s theoretical philosophy, not least by Schopenhauer himself. The hypothesis I propose in this paper combines these two research trajectories in a novel way: I wish to argue that Schopenhauer’s main theoretical innovation, the doctrine of the will, can be regarded as the development of an aspect of Kant’s aesthetic theory, specifically that the intransitive, goalless striving of the will in Schopenhauer (...) is the intellectual air to Kant's understanding of the mental processes required for the appreciation of beauty as 'conforming to law without a law'. (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)

Those supporting laws permitting assisted suicide seem to enact a thin morality, one that permits people who desire AS to get it in the terminal stages of an illness, and that provide safeguards both for those who desire AS and do not desire it. This article explores the way in which all AS legislation subtly frames the question of AS such that AS becomes the clearest option; ensconcing AS in law also gives a moral legitimacy to suicide. Thus, the morality (...) of laws permitting AS are not morally thin. I describe how AS laws create a different social imaginary for dying in Western cultures, one that competes with the traditional Christian understanding. Legalized AS is inevitable in Western liberal democracies, and I claim that the Church, which transformed the ancient Greco-Roman culture, will once again have to create alternative structures, creating a new Ars moriendi, in order to challenge the modern statecraft for killing. (shrink)

This study analyzes the relevance in the art world of an ethical and juridical category as the responsibility, as well as its content and limits. The acceptance of the idea of responsibility of the artists depends on the manner in which the “art world” and its frontiers are comprehended - as an autonomous and closed realm or, on the contrary, as a space open to the public control. If the modernist logic of the autonomy had led to the emergence of (...) an artist who claims to an immunity/ impunity based on the absolute artistic freedom, the other model of the art world implies legitimately ethical and juridical questions, as well as an active relation between the public and the forms of the contemporary art. Still, the idea of responsi- bility is tighten to the mode of evaluating the powers of art. As soon as the social and political utility of the art is invoked, it ceased to be not only beyond the good or evil, but also beyond desirable and undesirable, and the responsibility of the artists belongs not only to the aesthetic realm but also to the political one. (shrink)

While there have always been schools of religious and ethical thought favourable to poverty, or a simple life, the general opinion of mankind has always regarded the increasing wealth of an individual or a community as conducive to human happiness. Qualifications have commonly been attached to this judgment in recognition of a certain danger and deceitfulness of riches, especially when rapidly acquired and lavishly expended, but the presumption still stands that wealth in general conduces to well-being. The nature, degree or (...) conditions of this correspondence have, however, received singularly little attention from those thinkers who have given closest study to economic processes. Many of the founders of economic science in this and other countries were manifestly concerned for the general welfare of their fellowmen, and were active workers in many fields of social reform. But, in formulating the concepts and laws of their science, they deemed it unnecessary to give any close or continuous thought to the relations between economic wealth and human welfare. This was due, partly, no doubt to the natural desire to make the subject-matter and the treatment of a new science as definitely concrete and measurable as possible. It was this desire that made monetary valuation paramount in all economic estimates. (shrink)

Heidegger has shown how the subject-predicate structure of language and the substance-accident structure of things are both derived from the analysis of the "mere thing" into some matter that stands together with some form, a form always determined by the use to which the thing will be put. Regardless of what we try to say, discourse concerns itself with some subject related to some predicate in a manner indicating either that it is useful or that it is stripped bare of (...) usefulness. ;Therefore, within the law of contradiction, that is, insofar as "S is P," our thought is always already structured by this obscure origin. The system of discourse always signifies and represents, the appearance of the thing becomes constant, language becomes constant: form and matter, subject and predicate. ;All attempts to directly oppose the discursive system result in cooption. Yet, Kant and Hegel make way for the spatial and temporal, thus discursive counter to the significational system. They do this not by directly confronting it in order to produce yet another level of signification, but by opening up a space for thought. Kant discovers the acategorical "sublime," and Hegel dissolves the substantiality of the object, opening up the possibility of other logics and grammars. ;There emerged a surplus never completely enframed by discourse. Painting deliberately evaded the realm of non-contradiction, politely declined the positing of significations, the logic and grammar of an object with or without use. It has brought us to a confrontation with "stupidity," where there is nothing to know , and there is no history . There is only a great despair. ;Yet, this despair is thought facing its own dogmatism, recognizing that there is "something happening" rather than nothing, and seeking its orientation from this "it is happening," rather than from discourse dominated by a single logic, a single grammar, a single truth. (shrink)

The art of memory started with Aristotle’s questions on memory. During its long evolution, it had important contributions from alchemists, was transformed by Ramon Llull and apparently ended with Giordano Bruno, who was considered the best known representative of this art. This tradition did not disappear, but lives in the formulations of our modern scientific theories. From its initial form as a method of keeping information via associations, it became a principle of classification and structuring of knowledge. This principle, which (...) we here name differentiation with stratification, is a structural design behind classical mechanics. Integrating two different traditions of science in one structure, this physical theory became the modern paradigm of science. In this paper, we show that this principle can also be formulated as a set of questions. This is done via an analysis of theories, based on the epistemology of observational realism. A combination of Rudolph Carnap’s concept of theory as a system of observational and theoretical languages, with a criterion for separating observational languages, based on analytical psychology, shapes this epistemology. The ‘nuclear’ role of the observational laws and the differentiations from these nucleus, reproducing the general cases of phenomena, reveals the memory art’s heritage in the theories. Here in this paper we argue that this design is also present in special relativity and in quantum mechanics. (shrink)

Case law retrieval is the task of locating truly relevant legal cases given an input query case. Unlike information retrieval for general texts, this task is more complex with two phases (legal case retrieval and legal case entailment) and much harder due to a number of reasons. First, both the query and candidate cases are long documents consisting of several paragraphs. This makes it difficult to model with representation learning that usually has restriction on input length. Second, the concept of (...) relevancy in this domain is defined based on the legal relation that goes beyond the lexical or topical relevance. This is a real challenge because normal text matching will not work. Third, building a large and accurate legal case dataset requires a lot of effort and expertise. This is obviously an obstacle to creating enough data for training deep retrieval models. In this paper, we propose a novel approach called supporting model that can deal with both phases. The underlying idea is the case–case supporting relation and the paragraph–paragraph as well as the decision-paragraph matching strategy. In addition, we propose a method to automatically create a large weak-labeling dataset to overcome the lack of data. The experiments showed that our solution has achieved the state-of-the-art results for both case retrieval and case entailment phases. (shrink)