This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

1. La trasformazione dei principi di legittimazione degli ordinamenti giuridici contemporanei -- 2. I mutamenti nel sistema giuridico -- 3. Analisi del linguaggio giuridico, legistica e legimatica -- 4. I diritti difficili nel sistema giuridico.

The dialogue focuses on the major issues of the contemporary theoretical debate on judicial review and the Supreme Court's role in American constitutional democracy. The discussion begins with the US Supreme Court's case Hamdan v. Rumsfeld, successfully argued by Prof. Katyal last year, and covers important issues such as the separation and balance of powers after 9/11, the legitimacy of the laws of terror, the relation between US constitutional law and foreign law, the counter‐majoritarian difficulties posed by the exercise of (...) judicial review, and the legal academy's influence on legal practice. (shrink)

In this paper, we provide an analysis of the concept of legal personality and discuss whether personality may be conferred on artificial intelligence systems (AIs). Legal personality will be presented as a doctrinal category that holds together bundles of rights and obligations; as a result, we first frame it as a node of inferential links between factual preconditions and legal effects. However, this inferentialist reading does not account for the ‘background reasons’ of legal personality, i.e., it does not explain why (...) we cluster different situations under this doctrinal category and how extra-legal information is integrated into it. We argue that one way to account for this background is to adopt a neoinstitutional perspective and to update the ontology of legal concepts with a further layer, the meta-institutional one. We finally argue that meta-institutional concepts can also support us in finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In this book, one of Italy's most important and original contemporary philosophers considers the status of art in the modern era. He takes seriously Hegel's claim that art has exhausted its spiritual vocation. He argues, however, that Hegel by no means proclaimed the 'death of art' (as many still imagine) but proclaimed rather the indefinite continuation of art in a 'self-annulling' mode. With astonishing breadth and originality, he probes the meaning, aesthetics, and historical consequences of that self-annulment. He argues that (...) the birth of modern aesthetics is the result of a series of schisms - such as between artist and spectator, genius and taste, and form and matter - that are manifestations of the deeper, self-negating yet self-perpetuating movement of irony. He offers an imaginative reinterpretation of the history of aesthetic theory from Kant to Heidegger. The final chapter offers a dazzling interpretation of Dürer's Melancholia. (shrink)

The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In Homo Sacer, Agamben aims to connect the problem (...) of pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

Why has power in the West assumed the form of an "economy," that is, of a government of men and things? If power is essentially government, why does it need glory, that is, the ceremonial and liturgical apparatus that has always accompanied it? In the early centuries of the Church, in order to reconcile monotheism with God's threefold nature, the doctrine of Trinity was introduced in the guise of an economy of divine life. It was as if the Trinity amounted (...) to nothing more than a problem of managing and governing the heavenly house and the world. Agamben shows that, when combined with the idea of providence, this theological-economic paradigm unexpectedly lies at the origin of many of the most important categories of modern politics, from the democratic theory of the division of powers to the strategic doctrine of collateral damage, from the invisible hand of Smith's liberalism to ideas of order and security. But the greatest novelty to emerge from _The Kingdom and the Glory _ is that modern power is not only government but also glory, and that the ceremonial, liturgical, and acclamatory aspects that we have regarded as vestiges of the past actually constitute the basis of Western power. Through a fascinating analysis of liturgical acclamations and ceremonial symbols of power—the throne, the crown, purple cloth, the Fasces, and more—Agamben develops an original genealogy that illuminates the startling function of consent and of the media in modern democracies. With this book, the work begun with _Homo Sacer_ reaches a decisive point, profoundly challenging and renewing our vision of politics. (shrink)

In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

The end of human history is an event that has been foreseen or announced by both messianics and dialecticians. But who is the protagonist of that history that is coming—or has come—to a close? What is man? How did he come on the scene? And how has he maintained his privileged place as the master of, or first among, the animals? In The Open, contemporary Italian philosopher Giorgio Agamben considers the ways in which the “human” has been thought of (...) as either a distinct and superior type of animal, or a kind of being that is essentially different from animal altogether. In an argument that ranges from ancient Greek, Christian, and Jewish texts to twentieth-century thinkers such as Heidegger, Benjamin, and Kojève, Agamben examines the ways in which the distinction between man and animal has been manufactured by the logical presuppositions of Western thought, and he investigates the profound implications that the man/animal distinction has had for disciplines as seemingly disparate as philosophy, law, anthropology, medicine, and politics. (shrink)

L'eclissi della politica è cominciata da quando essa ha omesso di confrontarsi con le trasformazioni che ne hanno svuotato categorie e concetti. Accade così che paradigmi genuinamente politici vadano ora cercati in esperienze e fenomeni che di solito non sono considerati politici: la vita naturale degli uomini restituita al centro della polis; il campo di concentramento; il rifugiato; il linguaggio come luogo politico per eccellenza, oggetto di una contesa e di una manipolazione senza precedenti; la sfera dei mezzi puri o (...) dei gesti, ossia dei mezzi che, pur restando tali, si emancipano dalla loro relazione a un fine. Il libro cerca di ripensare le categorie della politica in una nuova realtà. (shrink)

Giorgio Agamben's Homo Sacer was one of the seminal works of political philosophy in recent decades. It was also the beginning of a series of interconnected investigations of staggering ambition and scope, investigating the deepest foundations of Western politics and thought. The Use of Bodies represents the ninth and final volume in this twenty-year undertaking, breaking considerable new ground while clarifying the stakes and implications of the project as a whole. It comprises three major sections. The first uses Aristotle's (...) discussion of slavery as a starting point for radically rethinking notions of selfhood; the second calls for a complete reworking of Western ontology; and the third explores the enigmatic concept of "form-of-life," which is in many ways the motivating force behind the entire Homo Sacer project. Interwoven between these major sections are shorter reflections on individual thinkers, while the epilogue pushes toward a new approach to political life that breaks with the destructive deadlocks of Western thought. The Use of Bodies represents a true masterwork by one of our greatest living philosophers. (shrink)

This volume constitutes the largest collection of writings by the Italian philosopher Giorgio Agamben hitherto published in any language and all but one appear in English for the first time. The essays consider figures in the history of philosophy (Plato, Plotinus, Spinoza, Hegel) and twentieth-century thought (Walter Benjamin, Heidegger, Derrida, Deleuze, the historian Aby Warburg, and the linguist J.-C. Milner). They also examine several central concerns of Agamben: the relation of linguistic and metaphysical categories; messianism in Islamic, Jewish, and (...) Christian theology; and the state and future of contemporary politics. Despite the diversity of the texts collected here, they show a consistent concern for a set of overriding philosophical themes concerning language, history, and potentiality. (shrink)

Arguing that Western power is both "government" and "glory," this book reveals the "theological-economic" paradigm at the origin of several of the most important components of modern politics and illuminates the function of consent and the ...

"Is it meaningful to call oneself a democrat? And if so, how do you interpret the word?" -/- In responding to this question, eight iconoclastic thinkers prove the rich potential of democracy, along with its critical weaknesses, and reconceive the practice to accommodate new political and cultural realities. Giorgio Agamben traces the tense history of constitutions and their coexistence with various governments. Alain Badiou contrasts current democratic practice with democratic communism. Daniel Bensaid ponders the institutionalization of democracy, while Wendy (...) Brown discusses the democratization of society under neoliberalism. Jean-Luc Nancy measures the difference between democracy as a form of rule and as a human end, and Jacques Rancière highlights its egalitarian nature. Kristin Ross identifies hierarchical relationships within democratic practice, and Slavoj Zizek complicates the distinction between those who desire to own the state and those who wish to do without it. -/- Concentrating on the classical roots of democracy and its changing meaning over time and within different contexts, these essays uniquely defend what is left of the left-wing tradition after the fall of Soviet communism. They confront disincentives to active democratic participation that have caused voter turnout to decline in western countries, and they address electoral indifference by invoking and reviving the tradition of citizen involvement. Passionately written and theoretically rich, this collection speaks to all facets of modern political and democratic debate. (shrink)

We can no longer speak of a state of war in any traditional sense, yet there is currently no viable theory to account for the manifold internal conflicts, or civil wars, that increasingly afflict the world's populations. Meant as a first step toward such a theory, Giorgio Agamben's latest book looks at how civil war was conceived of at two crucial moments in the history of Western thought: in ancient Athens (from which the political concept of stasis emerges) and (...) later, in the work of Thomas Hobbes. It identifies civil war as the fundamental threshold of politicization in the West, an apparatus that over the course of history has alternately allowed for the de-politicization of citizenship and the mobilization of the unpolitical. The arguments herein, first conceived of in the immediate aftermath of 9/11, have become ever more relevant now that we have entered the age of planetary civil war. (shrink)

What is an apparatus? -- The friend -- What is the contemporary?

In this follow-up to The Kingdom and the Glory and The Highest Poverty, Agamben investigates the roots of our moral concept of duty in the theory and practice of Christian liturgy. Beginning with the New Testament and working through to late scholasticism and modern papal encyclicals, Agamben traces the Church's attempts to repeat Christ's unrepeatable sacrifice. Crucial here is the paradoxical figure of the priest, who becomes more and more a pure instrument of God's power, so that his own motives (...) and character are entirely indifferent as long as he carries out his priestly duties. In modernity, Agamben argues, the Christian priest has become the model ethical subject. We see this above all in Kantian ethics. Contrasting the Christian and modern ontology of duty with the classical ontology of being, Agamben contends that Western philosophy has unfolded in the tension between the two. This latest installment in the study of Western political structures begun in Homo Sacer is a contribution to the study of liturgy, an extension of Nietzsche's genealogy of morals, and a reworking of Heidegger's history of Being. (shrink)

"The texts published here reproduce, with some variation, those of five lectures held at the Mendrisio Academy of Architecture between October 2012 and April 2013.".

Why do we use epistemic modals like 'might'? According to Factualism, the function of 'might' is to exchange information about state-of-affairs in the modal universe. As an alternative to Factualism, this paper offers a game-theoretic rationale for epistemic possibility operators in a Bayesian setting. The background picture is one whereby communication facilitates coordination, but coordination could fail if there's too much uncertainty, since the players' ability to share a belief is undermined. However, 'might' and related expressions can be used to (...) reveal one's uncertainty, and exploit this to coordinate despite the lack of a common epistemic ground. The final result is a way to articulate a non-Factualist view of epistemic possibility modals that builds on their standard semantics. (shrink)

"Is it meaningful to call oneself a democrat? And if so, how do you interpret the word?" In responding to this question, eight iconoclastic thinkers prove the rich potential of democracy, along with its critical weaknesses, and reconceive the practice to accommodate new political and cultural realities. Giorgio Agamben traces the tense history of constitutions and their coexistence with various governments. Alain Badiou contrasts current democratic practice with democratic communism. Daniel Bensaid ponders the institutionalization of democracy, while Wendy Brown (...) discusses the democratization of society under neoliberalism. Jean-Luc Nancy measures the difference between democracy as a form of rule and as a human end, and Jacques Rancière highlights its egalitarian nature. Kristin Ross identifies hierarchical relationships within democratic practice, and Slavoj Zizek complicates the distinction between those who desire to own the state and those who wish to do without it. Concentrating on the classical roots of democracy and its changing meaning over time and within different contexts, these essays uniquely defend what is left of the left-wing tradition after the fall of Soviet communism. They confront disincentives to active democratic participation that have caused voter turnout to decline in western countries, and they address electoral indifference by invoking and reviving the tradition of citizen involvement. Passionately written and theoretically rich, this collection speaks to all facets of modern political and democratic debate. (shrink)

In this book the Italian philosopher Giorgio Agamben looks closely at the literature of the survivors of Auschwitz, probing the philosophical and ethical questions raised by their testimony."In its form, this book is a kind of perpetual commentary on testimony. It did not seem possible to proceed otherwise. At a certain point, it became clear that testimony contained at its core an essential lacuna; in other words, the survivors bore witness to something it is impossible to bear witness to. (...) As a consequence, commenting on survivors' testimony necessarily meant interrogating this lacuna or, more precisely, attempting to listen to it. Listening to something absent did not prove fruitless work for this author. Above all, it made it necessary to clear away almost all the doctrines that, since Auschwitz, have been advanced in the name of ethics."--Giorgio Agamben. (shrink)

In this philosophical detective story, Giorgio Agamben reads the mysterious 1938 disappearance of atomic physicist Ettore Majorana as an intentional and decisive objection to how quantum physics had reduced the real to probability.

Cet ouvrage montre la portée universelle de Maître Eckhart en étudiant l'influence de son oeuvre dans la phénoménologie d'Husserl et la dialectique d'Hegel, et les rapports entre la pensée de Maître Eckhart et la mystique chinoise de Laozi.

In The Time That Remains, Agamben seeks to separate the Pauline texts from the history of the Church that canonized them, thus revealing them to be "the fundamental messianic texts of the West.

What does it mean to be responsible for our actions? In this brief and elegant study, Giorgio Agamben traces our most profound moral intuitions back to their roots in the sphere of law and punishment. Moral accountability, human free agency, and even the very concept of cause and effect all find their origin in the language of the trial, which Western philosophy and theology both transform into the paradigm for all of human life. In his search for a way (...) out of this destructive paradigm, Agamben not only draws on minority opinions within the Western tradition but engages at length with Buddhist texts and concepts for the first time. In sum, Karman deepens and rearticulates some of Agamben's core insights while breaking significant new ground. (shrink)

He proposes, in his characteristically allusive and intriguing way, a politics of gestureOCoa politics of means without end.Among the topics Agamben takes up are the properly political paradigms of experience, as well as those generally not ...