Legitimacy is a concept that has been largely forgotten by the deconstructive discourse on law and politics. This article seeks, on the one hand, to reassess the role of legitimacy in deconstruction and, on the other hand, to bring deconstructive thinking to bear on the concept of legitimacy. By re-reading Derrida’s “Declarations of Independence” through the lenses of his later texts on sovereignty and (counter)signature, it is argued that, rather than being deconstructible, legitimacy is deconstructing any self-founding of law and (...) power. As such, legitimacy functions not as an evaluative concept of law and order but as a constantly insisting demand that facilitates the principles of responsibility and responsiveness. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

The article revisits the theory of hegemony of Ernesto Laclau and Chantal Mouffe and shows how a normative injunction, which according to Laclau is not compatible with the hegemonic logic, is not only possible but a necessary condition for hegemony to function. The article claims that the path to demonstrate this involves rethinking the relationship between the theory of hegemony and Derridean deconstruction. Following criticisms that the theory of hegemony overlooks the aporetic nature of Derridean undecidability that it nevertheless relies (...) upon, the hegemonic logic is submitted to a deconstructive reading, which reveals an internal aporia in it. It is further argued that the unaccounted aporia in the logic of hegemony explains the theory’s inability to satisfactorily account for its essential theoretical underpinning, the radical exclusion. However, the article also demonstrates that the aporia does not destroy hegemonic logic but, instead, supplements it by a normative dimension, by a demand of opening to the other as other. (shrink)

L’accueil dans les services de soin de personnes issues de la migration est un enjeu de santé mentale et éthique et relève d’une réflexion sur la prise en compte de leur vulnérabilité, a fortiori quand des enjeux de parentalité s’en mêlent. Cet article est un témoignage de l’équipe de pédopsychiatrie de Caen qui a adapté ses dispositifs de soins pour mieux accueillir ces publics spécifiques que sont les familles migrantes. Après un rappel sur les notions de migration, de culture et (...) de périnatalité en contexte migratoire, les deux dispositifs seront présentés et explicités au regard de leur fondation théorique qu’est la clinique transculturelle. (shrink)

Extant research has shown that ordinary causal judgments are sensitive to normative factors. For instance, agents who violate a norm are standardly deemed more causal than norm-conforming agents in identical situations. In this paper, we explore two competing explanations for the Norm Effect: the Responsibility View and the Bias View. According to the former, the Norm Effect arises because ordinary causal judgment is intimately intertwined with moral responsibility. According to the alternative view, the Norm Effect is the result of a (...) blame-driven bias. In a series of five preregistered experiments (N = 2688), we present evidence that predominantly favours the Bias View. In particular, and against predictions made by the Responsibility View, we show that participants deem agents who violate nonpertinent or silly norms – norms that do not relate to the outcome at hand – as more causal, and that this effect cannot be explained in terms of plausible mediators such as the agent’s foreknowledge and desire, or the foreseeability of harm. We close with a discussion regarding the implications of these findings, in as regards the just assessment of proximate cause in the law. (shrink)

The international protest surrounding the Copenhagen Zoo’s recent decision to kill a healthy giraffe in the name of population management reveals a deep moral tension between contemporary zoological display practices—which induce zoo-goers to view certain animals as individuals, quasi-persons, or friends—and the traditional objectives of zoos, which ask us only to view animals as specimens. I argue that these zoological display practices give rise to moral obligations on the part of zoos to their visitors, and thus ground indirect duties on (...) behalf of zoos to their animals. I conclude that zoos might take on interspecies friendship as a new zoological objective. (shrink)

A growing body of literature has revealed ordinary causal judgement to be sensitive to normative factors, such that a norm-violating agent is regarded more causal than their non-norm-violating counterpart. In this paper, we explore two competing explanations for this phenomenon: the Responsibility View and the Bias View. The Bias View, but not the Responsibility View, predicts features peripheral to the agent’s responsibility to impact causal attributions. In a series of three preregistered experiments (N = 1162), we present new evidence that (...) the Norm Effect arises from such peripheral features, namely from nonpertinent or entirely silly norm violations. Furthermore, we show that this effect cannot be explained by recourse to the agent’s foreknowledge or desire of the outcome, nor by its foreseeability: the Norm Effect arises even when participants judge the norm-violating agent’s doing as equally foreseeable. This, we argue, provides evidence in favour of the Bias View. (shrink)

We investigate synonymy in the strong sense of content identity. This notion is central in the philosophy of language and in applications of logic. We motivate, uniformly axiomatize, and characterize several “benchmark” notions of synonymy in the messy class of all possible notions of synonymy. This class is divided by two intuitive principles that are governed by a no-go result. We use the notion of a scenario to get a logic of synonymy which is the canonical representative of one division. (...) In the other division, the so-called conceptivist logics, we find, e.g., the well-known system of analytic containment. We axiomatize four logics of synonymy extending AC, relate them semantically and proof-theoretically to SF, and characterize them in terms of weak/strong subject matter preservation and weak/strong logical equivalence. This yields ways out of the no-go result and novel arguments—independent of a particular semantic framework—for each notion of synonymy discussed. This points to pluralism about meaning and a certain non-compositionality of truth in logic programs and neural networks. And it unveils an impossibility for synonymy: if it is to preserve subject matter, then either conjunction and disjunction lose an essential property or a very weak absorption law is violated. (shrink)

This book is the third in a series based on conferences sponsored by the Metroplex Institute for Neural Dynamics, an interdisciplinary organization of neural ...

It is universally agreed that involuntary unemployment is an evil for unemployed individuals, who lose both income and the non-pecuniary benefits of paid employment, and for society, which loses the productive labor that the unemployed are unable to expend. It is nearly as widely agreed that there is at least a prima-facie case for alleviating this evil – for reasons of justice and/or benevolence and/or social order. Finally, there is little doubt that the evils of involuntary unemployment cannot be adequately (...) addressed in contemporary societies without state intervention – whether through monetary or fiscal policies, cash payments or other subsidies to the unemployed, direct provision of employment by the state, or some combination of these measures. (shrink)

ABSTRACT Many philosophers who wish to defend abortion, but who have become frustrated by the resistance of the personhood question to yield to any nonarbitrary solution welcomed Judith Thomson's ‘A defense of abortion.’Thomson argues that abortion is sometimes justifiable even if the foetus is a person. In this paper I argue that Thomson's argument is a defense of abortion, rather than merely extraction without death, only because of the current state of medical technology. Once the technology is in place to (...) extract foetuses while preserving their lives and to allow them to develop to full term outside the uterus, Thomson cannot defend the killing of the foetus. If she is right, however, a woman will still have the right to have a foetus extracted from her body. Finally, it is pointed out that the source of the problem with Thomson's argument is the major premise in most arguments for the permissibility of abortion: a woman's right to control her own body. If the defence of abortion is to entail a defence of the termination of the foetus, then this premise, understood as the right to remove an unwanted entity from one's body or the right to alter one's body as one wishes, simply will not do the trick. (shrink)

In writings prior to the publication of The Principles of Mathematics (PoM), Russell denies that relations “in the abstract” ever relate and holds instead that only particularized relations, or relational tropes, do so; however, in PoM section 55, he argues against his former view and adopts the view that relations “in the abstract” are capable of a “twofold use” – either as “relations in themselves” or as “actually relating”. I argue that while Russell rightly came to recognize that rejecting his (...) earlier view is necessary for avoiding the Bradleyan view that complex wholes are unanalyzable, his later view can appear as an ad hoc means of avoiding Bradley's argument against “relational thought”. (shrink)

Heidegger’s key word Ereignis is frequently translated as “event,” “event of being,” or “event of appropriation.” No ordinary event in the realm of beings, it is an event in which the meaning of being is recognized in difference from beings. In the history of philosophy, this insight into being set in motion the inception of a philosophical discourse within which we are still thinking. Inspired and guided by his philosophy of history, Heidegger hoped our own reflections on being could likewise (...) appropriate and set in motion preparations for another inception, another experience and understanding of what it means for something to be. Whereas, for the early Greek philosophers, their insight was an experience of awe and wonder, and perhaps also dread, for us of today that insight can set in motion a more “inward” turn, a process that puts in question who we are as human beings and who we want to become, and stirs us to acknowledge our responsibility for being in response to a time when being is under assault. (shrink)

Metaphors of positions, spectrums, perspectives, viewpoints, and polarization reflect the same model, which treats beliefs—and the people who hold them—as points in space. This model is deeply rooted in quantitative research methods and influential traditions of Continental philosophy, and it is evident in some qualitative research. It can suggest that deliberation is difficult and rare because many people are located far apart ideologically, and their respective positions can be explained as dependent variables of factors like personality, partisanship, and demographics. An (...) alternative model treats a given person’s beliefs as connected by reasons to form networks. People disclose the connections among their respective beliefs when they discuss issues. This model offers insights about specific cases, such as discussions conducted on two US college campuses, which are represented here as belief-networks. The model also supports a more optimistic view of the public’s capacity to deliberate. (shrink)

The history of ideas is an interdisciplinary field that began as an offshoot of the history of philosophy and was transformed by notions of perspective and cultural context drawn from the tradition of historical studies. The result is the practice of intellectual history, which has been carried out between the poles of inquiry commonly known as internalist and externalist, corresponding to mental phenomena and collective behavior in cultural surroundings. These are not opposed but rather complementary methods, and intellectual history may (...) be seen as the inside of cultural history and cultural history as the outside of intellectual history, the intellectual historian's task being to bring the two into alliance. (shrink)

A programmatic excursus -- Marx's incomplete quest -- The works of Hegel that Marx knew -- Marx's mis-reading of Hegel -- Marx's method.