The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of “methodological” or “conceptual” positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point of intersection between (...) law and basic moral values, antipositivists contrast legal positivism with two main arguments. First, on a more general level, the positivist theory of the separation between law and morality is questioned; then, and consequently, the “neutrality thesis” in the juristic study of law is rejected. The author discusses both these antipositivist arguments, and offers a brief defence of methodological positivism. (shrink)

I will argue that the rule of recognition, as it has been conceived by Hart, is either a redundant, and hence mostly useless, concept, or a concept with limited explanatory potential —in either case, at best a concept whose scope is, in contemporary legal systems, much narrower than Hart envis- aged. I will also argue that the rule of recognition, in one of its possible (and plausible) reformulations, can nevertheless play a significant, non-redundant role, but only if employed in a (...) rather different way than the one proposed by Hart, as well as by much of post-Hartian positivist literatureResumen:En este artículo se argumenta que la regla de reconocimiento, tal como fuera concebida por Hart, es o bien un concepto redundante —y en consecuencia inútil— o un concepto limitado en su poder explicativo. En cualquier caso, se trata de un concepto cuyo alcance es, frente a los sistemas jurídicos contemporáneos, mucho más estrecho de lo que Hart pudo imaginar. De igual modo se argumenta que la regla de reconocimiento, en alguna de sus posibles (y plausibles) reformulaciones, puede tener a pesar de todo un papel significativo y no redundante, pero solamente si se emplea en un sentido radicalmente distinto al que propuso Hart o que se propone en buena parte de la literatura positivista posthartiana. (shrink)

The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of ``methodological'' or ``conceptual'' positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point of intersection between (...) law and basic moral values, antipositivists contrast legal positivism with two main arguments. First, on a more general level, the positivist theory of the separation between law and morality is questioned; then, and consequently, the ``neutrality thesis'' in the juristic study of law is rejected. The author discusses both these antipositivist arguments, and offers a brief defence of methodological positivism. (shrink)

The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post‐Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such relations should (...) be taken into account, and what kind of such relations are indeed of no import at all. The upshot of this analysis consists in highlighting the distinction between two different dimensions of legal validity (formal validity and material validity respectively), and in pointing out that the positivist separability thesis can apply to formal validity only. On the other hand, when the ascertainment of material validity is at stake, some form of moral reasoning may well be involved (here and now, it isnecessarilyinvolved). The essay concludes with some brief remarks on the persisting importance of the positivist jurisprudential project. (shrink)

Volume 10, Issue 3, September 2019, Page 444-451.

Volume 10, Issue 3, September 2019, Page 444-451.

We present recent results on the model companions of set theory, placing them in the context of a current debate in the philosophy of mathematics. We start by describing the dependence of the notion of model companionship on the signature, and then we analyze this dependence in the specific case of set theory. We argue that the most natural model companions of set theory describe (as the signature in which we axiomatize set theory varies) theories of $H_{\kappa ^+}$, as $\kappa (...) $ ranges among the infinite cardinals. We also single out $2^{\aleph _0}=\aleph _2$ as the unique solution of the continuum problem which can (and does) belong to some model companion of set theory (enriched with large cardinal axioms). While doing so we bring to light that set theory enriched by large cardinal axioms in the range of supercompactness has as its model companion (with respect to its first order axiomatization in certain natural signatures) the theory of $H_{\aleph _2}$ as given by a strong form of Woodin’s axiom $(*)$ (which holds assuming $\mathsf {MM}^{++}$ ). Finally this model-theoretic approach to set-theoretic validities is explained and justified in terms of a form of maximality inspired by Hilbert’s axiom of completeness. (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)

The article analyzes the social representations of ICTs’ appropriation for community empowerment by social movements. The study includes two recent Latin American student social movements: the Mexican #YoSoy132 and the Chilean student movement. Discourse analysis was used to examine interviews with participants in these social movements as well as other texts associated with their episodes of collective action. The discourse analysis was focused on four main dimensions of the social representations of ICTs’ appropriation: (1) the interrelationships between the technological and (...) the socio-political and cultural dimensions; (2) the tension between a visibility-centered and an articulating-focused use of ICTs; (3) the tension between the individual and the collective dimensions; and (4) the articulation between ICTs-based collective action and offline one. The findings indicate that the online/offline and the visibility/articulation tensions are relevant dimensions, in an articulated way, of the social representation of ICTs’ appropriation for collective empowerment. The results also indicate that the sociopolitical goals of the social movements are a central mediation for the process of configuration of the social representation, as it is proved by the importance of the individual/collective tension for the process. (shrink)

Este análisis teórico busca analizar, por una parte, en la inmersión de la obra del pensador galés Raymond Williams y, por otro lado, el acercamiento a lo que podemos denominar como Estudios Culturales Británicos, una propuesta metodológica y política plausible en virtud de pensar nuestro presente con una mirada y una sensibilidad diferente a lo que ampliamente se ha caracterizado como «presentismo» o futuros cancelados. Para ello, retomar la obra de un pensador parcialmente olvidado en las últimas décadas, no solo (...) nos permitirá atisbar posibilidades de pensar futuros diversos, sino que nos obligará a tomar en consideración una caja de herramientas, sugerente, que terminó defendiendo con matices, contradicciones e incorporaciones hasta el final de su vida en 1988. (shrink)

El objetivo de este artículo es criticar la representación tradicional del trabajo periodístico de Karl Marx, habitualmente olvidado por un canon engañoso que sólo asume sus artículos al precio de convertirlos en una obra menor. Uno de los problemas de esta concepción tradicional es que disocia sus contribuciones teóricas y económicas del desarrollo histórico del pensamiento del autor . Intentaremos señalar la importancia del periodismo maduro de Karl Marx en dos áreas: en la construcción de los conceptos centrales de su (...) crítica contra el capitalismo y en la producción de cartografías políticas para intervenir en el conflicto de clases. Este artículo plantea varias hipótesis y afirmaciones tentativas sobre el periodismo de Karl Marx que pueden servir como punto de partida de una investigación crítica. (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.

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 ...

Belief merging aims at combining several pieces of information coming from different sources. In this paper we review the works on belief merging of propositional bases. We discuss the relationship between merging, revision, update and confluence, and some links between belief merging and social choice theory. Finally we mention the main generalizations of these works in other logical frameworks.

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)

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

ABSTRACT We consider in this work the problem of iterated belief revision. We propose a family of belief revision operators called revision with memory operators and we give a logical (both syntactical and semantical) characterization of these operators. They obey what we call the principle of strong primacy of update: when one revises his beliefs by a new evidence, then all possible worlds that satisfy this new evidence become more reliable than those that do not. We show that those operators (...) have a satisfying behaviour concerning the iteration of the revision process. Then we provide four particular operators of this family. (shrink)

La interpretación es un proceso cognitivo peculiar: distinto, por una parte, de la explicación cientificopositiva; por otra, de la comprensión empática y también del entender en sus distintas formas. EI proceso interpretative tiene lugar por el sujeto, que en ese momento hace de intérprete, a partir de un objeto en un contexto determinado, pero sobre la imagen del objeto, que es en realidad el referencial; la dación de significados connotativos constituye el interpretado, el cual es devuelto al contexto como referido. (...) En la neointerpretación o en la reinterpretación, ese objeto referido es entonces neoreferencial. EI proceso interpretativo es estocástico y, por eso, con la finalidad de reducir la entropía del sistema, podría ser interminable. EI sistema compuesto por objeto, imagen del objeto, intérprete e interpretado es,siempre, en consecuencia, dishomeostático. (shrink)

En este artículo se traza una distinción clara y precisa entre geometría pura y geometría aplicada dentro del marco de las reflexiones sobre los fundamentos de la geometría promovidas por la aparición de geometrías no-euclidianas y en el contexto de las discusiones mantenidas por los empiristas lógicos sobre la estructura general de las teorías empíricas. De manera más particular, se defiende, tal y como proponen los empiristas lógicos, que una geometría pura es un sistema formal que no nos dice nada (...) sobre la realidad física, mientras que una geometría aplicada es una teoría empírica, una teoría física (una teoría del espacio) que resulta de dotar de significado a una geometría matemática. Para sostener esta tesis se recurre, en parte, a ciertas ideas expresadas por Einstein sobre la teoría general de la relatividad. Por último, si bien parece que esta imagen de la estructura de una geometría física es relativamente adecuada, se insiste en la tesis de que el error principal de los empiristas lógicos estaría entonces en pretender hacer de ella el carácter predominante de la estructura de las teorías científicas en general. (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)

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)

Parthood and composition are everywhere. The leg of a table is part of the table, the word "Christmas" is part of the sentence "I wish you a merry Christmas", the 13th century is part of the Middle Ages. The Netherlands, Belgium, and Luxembourg compose Benelux, the body of a deer is composed of a huge number of cells, the Middle Ages are composed of the Early Middle Ages, High Middle Ages, and Late Middle Ages. Is there really a general theory (...) covering every instance of parthood and composition? Is classical mereology this general theory? Are its seemingly counter-intuitive features serious defects? -/- Mereology: A Philosophical Introduction addresses the multifaceted and lively philosophical debates surrounding these questions, and defends the idea that classical mereology is indeed the general and exhaustive theory of parthood and composition in the domain of concrete entities. -/- Several examples of parthood and composition, involving entities of different kinds, are scrutinised in depth. Incidentally, mereology is shown to interact in a surprising way with metaontology. Presenting a well-organized and comprehensive discussion of parthood and related notions, Mereology: A Philosophical Introduction contributes to a better understanding of a subject central to contemporary metaphysics. (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)

One of the main tools in the study of nonmonotonic consequence relations is the representation of such relations in terms of preferential models. In this paper we give an unified and simpler framework to obtain such representation theorems.

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)

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)

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)