Ethnographic study of the constitution of algorithms.

The paper reviews the military policy of a new independent Republic of Tajikistan over 1991-2011. The smallest by territory Central Asian republic lived through a five-year civil war on its way to an independent sovereign democratic state which seven million people were wise enough to reach national reconciliation in 1997. The majority of Tajikistan population is on the verge of poverty, which is indicative of the inadequate social policy. The country is rich in Pamir water which is drawn (...) from eleven glaciers as well as cotton, electric energy and aluminum. Tajikistan secures its military power owing to cooperation with the CIS, the Collective Security Treaty Organization and the Shanghai Cooperation Organization. The Republic develops all-embracing cooperation with such Asian countries as India, Pakistan, Turkey, China and Iran. Among European countries it is Germany that allocated funds for strengthening the border with Afghanistan, which notably stands out. Cooperation with the NATO within the Partnership for Peace Program helps the military of the Republic to dispose of outdated ammunition as well as take part in NATO peacekeeping operations in accordance with resolutions of the United Nations Security Council. The Russian Federation having the largest foreign military alignment in the territory of the Republic remains the main strategic partner and guarantor of the national sovereignty of Tajikistan. The Republic still faces the problems of energy resources, terrorism and international drug trafficking. The internal political situation requires continuous international monitoring. UN observers left the country in 2000. The authoritarian government does not contribute to development of the democratic foundation of civil society. Today's Armed Forces of Tajikistan are of insignificant numerical strength and poorly-armed. The Army needs modernization and adaptation to a present-day environment. (shrink)

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

This article examines Abu Nasr al-Farabı (c. 872–950/1) on the topic of intentionality, with particular focus on how intentionality is integral for the constitution of the intellect within his psychology. Unfortunately, targeted study of al-Farabı’s doctrine of intentionality has been largely neglected since Kwame Gyekye’s 1971 essay, The Terms ‘Prima Intentio’ and ‘Secunda Intentio’ in Arabic Logic. Gyekye showed that the Arabic (and thus the Latin) doctrine of first and second intention originated within the texts of al-Farabı,not the texts (...) of Avicenna, as had been previously thought. In response, this article aims to show three things. First, while the doctrine of first and second intention appears in al-Farabı’s texts, it is not as clearly developed or defined as is presented in Gyekye’s 1971 article. al-Farabı both lacks consistent technical terminology for the doctrine (as he discusses it across disparate sciences, in unrelated contexts) and develops it far too little to fully flesh out his doctrine. Second, even given the fact that al-Farabı’s discussion of intentionality is underdeveloped, Gyekye was right to credit the doctrine to him. And third, al-Farabı’s doctrine of first and second intention is not merely important to understand his positions regarding signification and universals; they play a pivotal role in the constitution of the human intellect. (shrink)

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

Plato and Kant advance a constitutional model of the soul, in which reason and appetite or passion have different structural and functional roles in the generation of motivation, as opposed to the familiar Combat Model in which they are portrayed as independent sources of motivation struggling for control. In terms of the constitutional model we may explain what makes an action different from an event. What makes an action attributable to a person, and therefore what makes it an action, is (...) that it issues from the person''s constitution, and therefore from the person as a whole, rather than from some force working on or in the person. This in turn implies an account of what makes an action good: what makes an action good is that it is deliberated upon and chosen in a way that unifies the person into a constitutional system. Through deliberative action we constitute ourselves as unified agents. Platonic justice and Kant''s categorical imperative are shown to be normative standards for action because they are principles of self-constitution. (shrink)

Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of (...) the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership. (shrink)

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

Moral rationalism has long been an attractive position within moral philosophy. However, among empirical-minded philosophers, it is widely dismissed as scientifically untenable. In this essay, I argue that moral rationalism’s lack of uptake in the empirical domain is due to the widespread supposition that moral rationalists must hold that moral judgments and actions are produced by rational capacities. But this construal is mistaken: moral rationalism’s primary concern is not with the relationship between moral judgments and rational capacities per se, but (...) rather with developing a conception objectivity normativity that avoids Platonism. In light of this, I develop an alternative approach to translating moral rationalism into the empirical domain that builds on the common rationalist view that normative requirements are explained by the relationship between agents and the social structures and practices in which they are embedded. I propose that this social conception of normativity can be translated into a scientific framework by interpreting it as a claim about the importance of constraint-based explanation when accounting for norm-governed behavior. In order to develop this point more concretely and show that it is empirically tractable, I turn to research on macaque social organization that highlights the ways in which normative standards are generated by empirically observable social structures. The insights garnered from the macaque case allow me to then locate moral rationalism’s core claims about the relationship between morality and the standards of practical rationality within an empirically plausible framework. (shrink)

Through the work of philosophers like Sellars, Davidson and McDowell, the question of how the mind is related to the world has gained new importance in contemporary analytic philosophy. This book demonstrates that Husserl's phenomenological analyses of the structure of consciousness can provide fruitful insights for developing an original approach to these questions.

Donald Davidson argues that ‘the stabbing of Caesar’ and ‘the killing of Caesar’ are two descriptions of the one event whereas Jaegwon Kim contends events are more fine-grained and two events occurred, related by supervenience. I argue that neither solution is satisfactory and, inspired by Lynne Rudder Baker, I develop a constitution relation governing cooccurring, co-located events such that the stabbing of Caesar comes to constitute the killing of Caesar when the stabbing occurs in the appropriate circumstances. According to (...) my view, the stabbing of Caesar is metaphysically distinct from the killing of Caesar such that the killing is dependent on the stabbing, yet is not identical to it. (shrink)

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the (...) Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. (shrink)

MICHAEL KAMMEN in his book, A Machine That Would Go of Itself, has provided a comprehensive but highly readable history of the role of the Constitution in American culture. He has commented, with notable insight, on the capacity of Americans "to view their Constitution with a vision that was occasionally clouded and frequently bifocal: bifocal in the sense that the Constitution as a cultural symbol, rationalized in various ways, could be seen on a separate plane--or literally through (...) a discrete lens--from the Constitution as a 'practical system.' " While Kammen has devoted much detailed attention to "that discrepancy between the applied Constitution and the symbolic constitution," the bulk of his large book centers on the role of the Constitution as cultural icon. In this paper I shall explore what the Constitution as icon represents, although I shall also attend to some critical facets of the Constitution as a practical system. What the Constitution symbolizes has been a major moral and intellectual strand threading together the fabric of Western civilization from antiquity to the present. (shrink)

The disagreement between defenders and opponents of extended cognition is often framed in terms of constitution. The underlying principle of this discussion is what I will call the co-location principle: cognition is located where its constituents are located. The crucial question is under which conditions something is to be counted as a constituent of cognition. I will formulate three criteria of adequacy that an account of constitution must satisfy to be applicable to the dispute on extended cognition. I (...) will evaluate different accounts of constitution as to whether they satisfy the criteria of adequacy. Three different accounts of constitution can be identified in the literature on extended cognition, which I will call property-based constitution, diachronic constitution, and mechanistic constitution. I will show that none of the accounts satisfies all three criteria. Thus, the search for the mark of constitution does not seem to be a promising strategy for defending extended cognition. I will briefly sketch a new strategy of how to deal with this situation. (shrink)

By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains how (...) the Constitution came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, fresh light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed. (shrink)

Musical Platonists identify musical works with abstract sound structures but this implies that they are not created but only discovered. Jerrold Levinson adapts Platonism to allow for creation by identifying musical works with indicated sound structures. In this paper I explore the similarities between Levinson's view and Kit Fine's theory of qua objects. Fine offers the theory of qua objects as an account of constitution, as it obtains, for example, between a statue and the clay the statue is made (...) out of. I argue that Fine's theory does not adequately characterize the constitution relation and that the problems it faces extend to Levinson's account of musical works as indicated structures. I develop an alternative theory of constitution, based on the notion of being made out of. This approach to constitution enables me to offer an account of musical works as abstract objects that are constituted by sound structures. I argue that my account has several advantages over the Levinson/Fine approach. (shrink)

1891. The recovered manuscript of Aristotle's Constitutional History of Athens, now for the first time given to the world from the unique text in the British...

If the U.S. Constitution is a liberal Constitution, liberal governments can have a constitutional obligation to secure positive benefits or welfare rights. The original constitutional text describes a government instrumental to the Preamble's abstract ends or goods. Constitutional rights can be reconciled to the text's instrumentalist logic by viewing them as functional to better conceptions of abstract ends among actors who would compensate for their fallibility. The Federalist confirms the instrumentalism of the constitutional text. Conservative writers who treat (...) negative liberties as constitutional ends err in several ways. They assume rational actors would establish a government for the sake of limiting it, and they ignore the positive nature of goods (life, liberty, property) that are the objects of negative liberties. They also fail to see that tax-supported protections for all positive goods, including the objects of negative liberties, must be justified by public purposes. (shrink)

What is the nature and role of competition in markets and politics? This book examines the institutional dimension of markets and the rules and institutions that condition the operation of market economies. Particular attention is paid to the the role of the state, specifically the role of governments in shaping and maintaining the economic constitution of their societies.

The object of research is the connection between language and culture. The subject of the study is the mutual influence of language and culture in the socio-institutional aspect. The author examines in detail two functions of language in relation to social institutions. 1) Performing a socio-constitutive function, language is the basic condition for the existence of institutions. 2) Performing a socially representative function, language reflects the specifics of social relations of a particular culture. It is proved that the existence of (...) social institutions depends on the presence of language, and expressions about institutional facts have both performative and constative meanings. Special attention is paid to the hypothesis of linguistic relativity in the analysis of expressions about institutional facts. The scientific novelty of the research lies in the interdisciplinary consideration of the issue with the involvement of theoretical models from the philosophy of language, sociolinguistics, the science of social institutions. The author's special contribution to the research of the topic is to solve the problem of the connection between language and culture based on the theory of speech acts in its application to the study of social institutions and institutional facts. The main conclusion of the study is that the analysis of the constitution and representation of institutional facts is the most fruitful for substantiating the concept of linguistic relativism, since if an institutional fact is not presented linguistically, then it does not exist as such. (shrink)

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

In this paper, I present an Aristotelian solution to the problem of material constitution. The problem of material constitution arises whenever it appears that an object a and an object b share all of the same parts and yet are essentially related to their parts in different ways. (A familiar example: A lump of bronze constitutes a statue of Athena. The lump and the statue share all of the same parts, but it appears that the lump can, whereas (...) the statue cannot, survive radical rearrangements of those parts.) I argue that if we are prepared to follow Aristotle in making a distinction between numerical sameness and identity, we can solve the problem of material constitution without recourse to co-location or contingent identity and without repudiating any of the familiar objects of common sense (such as lumps and statues) or denying that these objects have the essential properties we ordinarily think that they have. (shrink)

This essay has two parts. In the first, Husserl's account of categorial forming and Schutz's account of common-sense constructs are used to sketch an interpretationist theory of culture. In the second part, the question is raised of whether that theory is adequate to account for cultural phenomena and the negative answer is supported with a sketch of the pre-conceptual constitution of intrinsic and extrinsic values and uses in valuational and volitional processes of secondary passivity. This stratum below thinking and (...) concepts is called "basic culture" and the full appreciation of this stratum is a counter to naturalism as well as the starting point for approaching problematics such as ethnicity, gender, and the environment in the perspective of the constitutive phenomenology of culture. (shrink)

The constitution’s standing as a legal act of the highest power not only ensures its exclusive status in the legal system but also determines the hierarchic certainty of all norms within that system. The explicit character of the constitution does not preclude it from ensuring the hierarchical functionality of the legal system. This latter function requires that the limitation “problem” of explicitness be addressed by interpreting the constitution as a systemic document. Applying the constitution, therefore, requires (...) a continuous effort in comprehending it. The official doctrine of constitutional judicial institutions reflects the standard for understanding the constitution. This standard becomes the sole source, not only de jure, but significantly de facto, for determining the legality of legal acts. The constitution, as the prime and foremost law in a country, determines the functionality of the entire system of legal norms. As a legal source, it takes on the role of the material arbiter of final legality. The constant need to ensure the functioning of the system of legal norms hence informs yet another necessity–to apprehend and understand the constitution and the norms and principles established within. A few factors induce this perpetual need for interpretation, those being (a) the abstractness of constitutional norms, (b) “competition” among constitutional norms, (c) the integral and systemic nature of the constitution, and (d) the problem of legislative/regulative omission in the constitution. (shrink)

The use of specific language in the democratic Polish Constitution enacted on 2 April 1997 has created the essential differences in the status of religions and Churches in Poland to this in some other countries. It accepts the modern principles and values (tolerance, freedom, mutual independence of state and churches) but precludes the atheistic, hostile or indifferent to religions interpretations and implementations of these values and principles.

The last twenty-five years have seen a major shift in the philosophy of science, from a focus on the logical syntax of the language of science to attempts, based often on detailed historical research, to understand the development of scientific accounts of the world. The once “Received View” of logical empiricism assumed the adequacy of an analysis of scientific knowledge in terms of interpreted logical systems. The limitations of logic as a framework for analysis of the language of science became (...) apparent for what one might call internal and external reasons. Internally, the attempt to formalize the logical syntax of science led to the emergence to view of fundamental problems with the logical construal of laws and with the concept of confirmation. (shrink)

The author emphasizes the fact that the largest part of Plato’s Timaeus deals with human nature and offers a detailed account of the constitution of the human body. He then lists the parallels and the differences between the constitution of the world body and the human body. The central part of the paper deals with Plato’s explanation of the persistence of the human body within a bodily environment which causes its dissolution. The author pays a special attention to (...) Plato’s theory of the apparatus which keeps running the processes of respiration, digestion and blood circulation. In the concluding section, the author raises thequestion of the relationship between human body and human soul. He shows that, in Plato’s Timaeus, the human body functions to a large extent independently from human soul. One possible reason for this theory is Plato’s conception of the immortal soul. While the human body exists in order to harbour the immortal soul, the latter does not produce and preserve it nor does it cause its dissolution. It only exercises cognitive and ruling functions in it as long as the body is able to hold together and to detain the soul. (shrink)

In Buchanan’s broad “constitutional contractarian” framework ultimate justification depends on the institutional arrangements under assessment being universally accepted. Accordingly, market arrangements have the same status as in-period collective decision-making rules: both equally hang or fall on whether they emerged from constitutional consensus. The paper underlines this ‘equivalence’ by showing that the constitutional calculus over market ‘rights’ follows the same analytic structure as the derivation of in-period collective decision rules. This means that Buchanan’s view of the virtues of markets is essentially (...) rooted in a collective decision and despite his self-professed “classical liberal” inclinations, his relation to standard defences of the market order is at best equivocal. (shrink)

Starting from the presupposition that European democracy is necessary to the survival and development of the European Union, the author deals with the process which may entail a European constitution, and discusses the elements of the present legal structure of the EU which are conducive to a European Democracy. In particular, the author focuses on the incomplete, polycentric, and dynamic character of a possible EC/EU constitution, and on the duality of its legitimating principle. This claim is that these (...) characteristics necessitate some institutional modifications of democratic principles if compared with national democracy, and that Euro‐democracy is possible if we do not simply apply the standards of democracy valid for Member States, but succeed in developing criteria which are adequate to the institutional qualities of the EC/EU. Finally, the author maintains the legal character of the regulatory power of the Community, and invokes the mutual legal bonds linking the Member States and their peoples as the source of the Community. (shrink)

The State of the Political offers a broad-ranging re-interpretation of the understanding of politics and the state in the writings of three major German thinkers, Max Weber, Carl Schmitt, and Franz Neumann. It rejects the typical separation of these writers on the basis of their allegedly incompatible ideological positions, and suggests instead that once properly located in their historical context, the tendentious character of these interpretative boundaries becomes clear.The book interprets the conceptions of politics and the state in the writings (...) of these three thinkers by means of an investigation of their adaptation and modification of particular German traditions of thinking about the state, or Staatsrechtslehre. Indeed, when the theoretical considerations of this state-legal theory are combined with their contemporary political criticism, a richer and more deeply textured account of the issues that engaged the attention of Weber, Schmitt and Neumann is possible. Thus, the broad range of subjects discussed in this book include parliamentarism and democracy in Germany, academic freedom and political economy, political representation, cultural criticism and patriotism, and the relationship between rationality, law, sovereignty and the constitution.The State of the Political is based on extensive consideration of primary and secondary materials, and is held together by a general focus on the importance to these authors of distilling an adequate account of the state and the political - largely because this could bolster their subsequent criticisms of contemporary politics. The study attempts to restore a sense of proportion to discussion of their writings, focusing on the extensive ideas that they shared rather than insisting on their necessary ideological separation. It is a detailed re-appraisal of a crucial moment in modern intellectual history, and highlights the profound importance of Max Weber, Carl Schmitt and Franz Neumann for the history of European ideas. (shrink)

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

As is made plain in the critical apparatus and editorial matter appended to the original German publication of Hussed's Ideas II, I this is a text with a history. It underwent revision after revision, spanning almost 20 years in one of the most fertile periods of the philosopher's life. The book owes its form to the work of many hands, and its unity is one that has been imposed on it. Yet there is nothing here that cannot be traced back (...) to Hussed himself. Indeed, the final" clean copy" for publication, prepared by an assistant, was completely reviewed by the master three times and emended by him in detail on each occasion. Nevertheless, in the end the work was in fact not submitted for publication, and after Hussed's pen last touched the manuscript in 1928 it was set aside until posthumously edited and published by the Hussed-Archives in 1952. The story of the composition of Ideas II begins with the "pencil manuscript" of 1912. This is the ultimate textual source for both Ideas II and Ideas III. 2 It has been preserved as a folio of 84 sheets in very dense shorthand of the Gabelsberger system, written mostly with a pencil. It was composed by Hussed "in one stroke" immediately after the completion of I Edmund Husser!: Ideen zu einer reinen Phiinomenologie und phiinomenologischen Philosophie. Zweites Buch: Phiinomenologische Untersuchungen zur Konstitution. Edited by Marly Biemel. The Hague: Martinus NijhofT, 1952 (Husserliana IV). (shrink)

America, and the postmodern West in particular, are experiencing a moral and intellectual crisis, according to E. Robert Statham, Jr. In The Constitution of Public Philosophy, Statham argues that Walter Lippman was correct in locating this crisis in the impoverished nature of public philosophy, and he attempts to constitute a role for reason in contemporary America. Statham suggests that the negative rule of law via a written constitution requires the positive rule of reason, or political philosophy, in order (...) to flourish. (shrink)

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

This dissertation traces the themes of madness and death from Plato to twentieth century European philosophy. By focusing on the writings of Plato, Hegel, Heidegger and Foucault, this work tries to articulate the way in which philosophy relies on the themes of madness and death to define itself. Madness and death are not simply topics within philosophy, but they are the "other" of philosophical discourse. In this respect madness and death are instances of negativity. Negativity plays a significant role in (...) the constitution of philosophical discourse. Thus far from being marginal topics within philosophy, madness and death prove to be related to many contemporary philosophical problems, such as subjectivity, the metaphysics of presence, the relationship between the body and language, and finally the question of ethics. ;The first chapter concentrates on Plato's Phaedo and Phaedrus. For Plato, philosophy is defined as a preparation of death and as a kind of madness. Through a close reading of these texts, this chapter establishes the constitutive roles of madness and death for philosophy. ;The second chapter concentrates on Hegel's notion of madness in the Encyclpaedia, and his understanding of death in the Phenomenology of Spirit. This chapter establishes that Hegel's approach to negativity ultimately remains a cognitive one, and incapable of thinking the question of negativity in a radical fashion. ;The third and fourth chapters focus on Heidegger in order to articulate a more radical thinking of negativity. The notion of death in Being and Time, and that of madness in Heidegger's later writings characterize Heidegger's non-cognitive understanding of negativity that cannot be reduced to a content of thought. ;The final chapter focuses on the debate between Foucault and Derrida on madness and ultimately attempts to question the radicality of both Hegel's and Heidegger's notions of negativity. ;The conclusion tries to connect the questions of madness and death to that of ethics. The radicalization of the question of ethics in twentieth century continental philosophy presupposes and requires a rethinking of the question of alterity. This work gestures towards such a rethinking. (shrink)

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

IN THE TWENTIETH CENTURY, the advance of modern particle physics and the discovery of an inherent probabilism at the heart of the natural order has thrown scientific determinism into doubt. The central question that issues from such findings in physics is whether nature is inherently indeterminate or simply defectively known. If the answer is the former, then this development calls into question the central theoretical justification for the Kantian project. For although Kant makes rhetorical allusion to Nicholas Copernicus, his theory (...) plainly stands in defense of Sir Isaac Newton’s classical mechanics. (shrink)

In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. (...) Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level. (shrink)

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

The due process clause of the Fourteenth Amendment protects the right of terminally ill persons to hasten their inevitable death. In prohibiting physicians from prescribing lethal medications by which such patients might hasten death, Michigan's ban on “assisted suicide” unconstitutionally imposes an “undue burden” on the exercise of that right.

This paper analyzes the transformation from the human zygote to the implanted embryo under the prism of substantial change. After a brief introduction, it vindicates the Aristotelian ideas of substance and accident, and those of substantial and accidental change. It then claims that the transformation from the multicelled zygote to the implanted embryo amounts to a substantial change. Pushing further, it contends that this substantial change cannot be explained following patterns of genetic reductionism, emergence, and self-organization, and proposes Gustavo Bueno’s (...) idea of anamorphosis as a means to encapsulate criticism against such positions. (shrink)

What is the cognitive significance of talking to ourselves? I criticize two interpretations of this function , and offer a third: I argue that inner speech is a genuine dialogue, not a monologue; that the partners in this dialogue represent the independent interests of experienced meaning and logical articulation; that the former is either silent or capable only of abbreviated speech; that articulation is a logical, not a social demand; and that neither partner is a full-time subordinate of the other. (...) I examine the views of Plato, Arendt, Gadamer, Ryle, Piaget and Vygotsky on the nature of inner speech, and the views of Gazzaniga and Dennett on the role of inner speech in the constitution of human consciousness. (shrink)

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.