The author analyzes fictions of legal positivist philosophy and their role in the scientific legitimation of modern law and political domination. The original function of legalist fictions was the establishment of legal science, which would be autonomous and independent of other social sciences and public morality. In the second half of the 20th century, legal positivist philosophy has nevertheless adopted the fiction of the just law as its scientific legitimation fiction and incorporated moral and political discourse into legal science, again.Legal (...) positivism and its critiques within the discourse of the sociology of law and critical legal science keep the image of a hierarchical and centralized legitimation of law. Paradoxically, current legal philosophy and theory searching for a universally valid legitimation scheme is full of many different legitimations and reveals their growing plurality and the impossibility of establishing one sovereign legitimation scheme in the current social, theoretical and political condition. (shrink)

This article reinterprets the Kelsen-Schmitt debate in the context of social systems theory and rethinks its major concepts as part of legal and political self-reference and systemic differentiation. In Kelsen?s case, it is the exclusion of sovereignty from juridical logic that opens a way to the self-reference of positive law. Similarly, Schmitt constructed his concept of the political as a self-referential system of political operations protected from the social environment by the medium of power. The author argues that the process (...) of legal and political globalisation rules out the possibility of formulating substantive theories of the state associating this particular social organisation with metaphysical values and a self-validating collective identity. Kelsen and Schmitt continue to inspire current theories of non-metaphysical globalised law and politics. However, the constitutional state and sovereignty need to be reformulated as a meeting point of functionally differentiated and globalised legal and political communications and not as their ultimate end. (shrink)

The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths's original dichotomy of “weak” and “strong” pluralism has to be reassessed because “weak” jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism theories and critically elaborating on Teubner's societal (...) constitutionalism, the author subsequently reformulates the question of sovereignty as a sociological problem of complex power operations communicated through the constitutional state's organization and reconfigured within the global legal and political framework. (shrink)

This article focuses on theoretical reflections on sovereignty and constitutionalism in the context of the globalization and Europeanisation of the nation states, their politics, and legal systems. Starting from a critical assessment of the Kelsen-Schmitt polemic, the author claims that sovereignty needs to be analysed by the sociological method in order to disclose its current structural differentiation. The constitution of society may be imagined as the multitude of self-constituted and functionally differentiated social subsystems. The constitutional pluralism argument subsequently reconceptualizes sovereignty (...) as socially differentiated and divided between specific subsystems. The EU's differentiated constitutional domain and the paradox of divided sovereignty are used as examples of profound structural and semantic changes in contemporary national and transnational societies. While the sovereign nation-state institutions have become marginalized in political structures of European societies, the self-constitutionalization of the functionally differentiated EU legal system proceeds by internalizing the concept of divided sovereignty and using it semantically as its mode of self-reference. (shrink)

The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and the superiority of (...) civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character (...) of modern constitution‐making and its symbolic selectivity regarding the past. The paper concludes by emphasising the systemic pluralisation effect of constitution‐making and the impossibility of constituting systems of “pure” law, morality, and politics. (shrink)

‘We must newly conceive the time of law. To do so, the book calls for a more temporally attuned constitutional theory that places a principle of anti-reification at the centre of its jurisprudentia...

At a first glance, and even at a second one, it seems that if time is linear the threat of determinism is more severe than if time is branching, since in the latter case the future is open in a way it is not in the former one where, so to speak, there exists only one branch – one future. In this paper, I want to give a 'third glance' at this claim. I acknowledge that such a claim is intuitive (...) (this is the first glance) and that it is also meaningfully and interestingly defended in recent literature where branching time is either said to imply indeterminism or at least to be compatible with it. To try to make my third glance as precise and as fleshed out as possible, I shall first concentrate on what 'branching' is or could be, and I shall discuss various versions and interpretations of this view. I shall then (more quickly) turn my attention to what determinism is or could be, and I will distinguish three (well-known) kinds of it – focusing mainly on 'metaphysical determinism'. Having these tools in hand, I will then ask (and answer) the question whether branching time helps with avoiding determinism or not. As we shall see, it is incorrect to think that under the branching hypothesis the threat of determinism is any smaller – rather, I will argue that if one has reasons to think that determinism is true, branching will not help, and that the issue of branching versus linear time is then actually neutral with respect to the question whether determinism or indeterminism is true. (shrink)

1. Směry, osobnosti, problémy -- 2. Biograficko-bibliografický slovník.

Deschamps, Léger Marie,1716-1774; enlightenment; utopias; art and philosophy; philosophy, modern; 18th century.

Práce, byť i čerpala ze studií sociologů, psychologů, antropologů a kulturních historiků hry, není ani sportovní literaturou, ani teorií her, ani sociologií a psychologií fotbalu ani pokusem o antropologické určení podstaty.

Model-theoretic concepts of saturation and categoricity are studied in the context of accessible categories. Accessible categories which are categorical in a strong sense are related to categories of $M$-sets ($M$ is a monoid). Typical examples of such categories are categories of $\lambda$-saturated objects.

Finitary quasivarieties are characterized categorically by the existence of colimits and of an abstractly finite, regularly projective regular generator G. Analogously, infinitary quasivarieties are characterized: one drops the assumption that G be abstractly finite. For (finitary) varieties the characterization is similar: the regular generator is assumed to be exactly projective, i.e., hom(G, –) is an exact functor. These results sharpen the classical characterization theorems of Lawvere, Isbell and other authors.

The successful early acquisition of reading literacy represents a crucial learning process determining the further course of academic development (Stanovich, 2009). During this process, interactions between children and their proximal social environment are of utmost importance. Therefore, we introduce a systemic framework for the development of learning potential (e.g., Mudrak et al., 2015, 2019, 2019b; Ziegler & Stoeger, 2017) and explore the interactions between the social and motivational processes associated with reading literacy development in school-age children. We base our analysis (...) on a representative Czech sample of fourth-grade pupils involved in the Progress in International Reading Literacy study (PIRLS, Martin et al., 2016). On the basis of the systemic framework, we hypothesized hierarchical relationships among family socioeconomic status, related developmental resources (including parental support, expectations, and reading resources), children’s reading motivation (including reading engagement and reading confidence), and manifested learning outcomes (including school grades and reading competence). We implemented three structural equation models to test the hypothesized relationships. The first model tested the direct effect of developmental resources on reading competence. The second model included the motivational variables as mediators between resources and competence. The third model included school grades as mediators between resources and motivational variables. Our analyses indicated the good fit of the proposed models. The final model explained 37.8 % of the variance in children’s school grades and 46.5 % of the variance in reading literacy test scores (compared to 34.8 % in the first model). Moreover, parental socioeconomic status was strongly associated with parental expectations, which were associated with reading confidence, partially through the effect of parental expectations on children’s school grades. Reading confidence was the main predictor of reading literacy within the model, followed by the direct effects of parental resources. The results illustrate complex processes through which the family environment affects the development of learning competencies such as reading literacy by providing children with the relevant social and material resources associated with their motivation and school outcomes. We discuss some of the reasons that these relationships may take place and consider their implications for educational practice. (shrink)

Many experimental found footage films base their meanings and effects on an interaction between the figurative content of the image and its material-technological underpinnings. Can this interaction arise accidentally without artistic appropriation? A recently digitised film by the Czech cinema pioneer Jan Kříženecký, Opening Ceremony of the Čech Bridge (1908), presents such an exercise in accidental aesthetics. At one point, the horizontal and vertical trembling of the cinematograph – obtained from the Lumière brothers – translates into a trembling of the (...) figures on the bridge so precisely that the figurative and material spheres appear to cooperate towards a common aesthetic goal. To account for such phenomena, film theory, found footage filmmaking, and archival practice need to join forces with philosophy. More specifically, Gilbert Simondon's notion of transduction, a process based on the intersection of diverse realities within a domain, allows us to conceptualise the paradoxical interaction between the figurative and material dimensions and the unintentional meanings that arise out of it. Transduction enables the distribution of elements between these heterogeneous spheres while maintaining a certain stability within a system. In the case of archival films in which transduction occurs without prior intention or expectation, transduction can be foregrounded and prolonged. The connection between transduction and the “trembling meaning” of Opening Ceremony, understood within the wider context of camera instability in experimental found footage, will uncover the aesthetic potentialities held by the autonomous creativity of film matter and its interferences with the figurative content. (shrink)

We study search problems and reducibilities between them with known or potential relevance to bounded arithmetic theories. Our primary objective is to understand the sets of low complexity consequences of theories Si2 and Ti2 for a small i, ideally in a rather strong sense of characterization; or, at least, in the standard sense of axiomatization. We also strive for maximum combinatorial simplicity of the characterizations and axiomatizations, eventually sufficient to prove conjectured separation results. To this end two techniques based on (...) the Herbrand's theorem are developed. They characterize/axiomatize Σb1-consequences of Σb2-definable search problems, while the method based on the more involved concept of characterization is easier and gives more transparent results. This method yields new proofs of Buss' witnessing theorem and of the relation between PLS and Σb1, and also an axiomatization of Σb1. (shrink)

In Fechner's psychophysics, the 'mental' and the 'physical' were conceived as two phenomenal domains, connected by functional relations, not as two ontologically different realms. We follow the path from Fechner's foundational ideas and Mach's radical programme of a unitary science to later approaches to primary, psychophysically neutral experience (phenomenology, protophysics). We propose an 'integral psychophysics' as a mathematical study of law-like, invariant structures of primary experience. This approach is illustrated by a reinterpretation of psychophysical experiments in terms of perceptual situations (...) involving a constructed apparatus and an instructed subject. The problematic notion of 'measurement of sensation' is thus eliminated: 'sensations' are merely indices for classes of perceptually equivalent configurations (states of the apparatus) specified by the instruction. The locus of the measured is in the inter-subjectively shared, communicable world—not inside the subject's mind. Finally we discuss the role of integral psychophysics as a scientia prima , logically and methodically preceding physics and psychology. (shrink)

If S, T are stationary subsets of a regular uncountable cardinal κ, we say that S reflects fully in $T, S , if for almost all α ∈ T (except a nonstationary set) S ∩ α is stationary in α. This relation is known to be a well-founded partial ordering. We say that a given poset P is realized by the reflection ordering if there is a maximal antichain $\langle X_p; p \in P\rangle$ of stationary subsets of $\operatorname{Reg}(\kappa)$ so that (...) $\forall p, q \in P \forall S \subseteq X_p, T \subseteq X_q \text{stationary}: (S We prove that if $V = L\lbrack\overset{\rightarrow\mathscr{U}}\rbrack, o^\mathscr{U} (\kappa) = \kappa^{++}$ , and P is an arbitrary well-founded poset of cardinality ≤ κ + then there is a generic extension where P is realized by the reflection ordering on κ. (shrink)

The classical liberal approach to deregulation is based on the consecutive elimination of state regulatory activities and their substitution by competitive market structure. Increasing competition accompanied with decreasing arbitrary state agencies’ interventions will undoubtedly cultivate the behaviour of market agents and bring benefits to consumers.The classical liberal approach to deregulation is incompatible with the EU deregulation model, which in case of network industries is still based on the permanent existence of regulatory agencies, Third-Party-Access, public service liability, centralized control of investments (...) and the negative reciprocity. The adoption of these principals will at least delay deregulation process in transition economies but will likely preserve the cartel structure on the utility markets.Economics of regulation and implicitly economics of deregulation is a product of the Chicago School of Economics. Since current “deregulation process” leads to tighter regulation, the adequate term for it should be the reregulation.L’approche libérale classique de la réglementation repose sur l’élimination de la réglementation étatique et leur substitution par des structures marchandes concurrentielles. Une concurrence accrue et une diminution des interventions arbitraires de l’état ne pourront que modifier le comportement des agents sur le marché et engendrer des bénéfices pour les consommateurs.L’approche de la déréglementation du libéralisme classique est incompatible avec le modèle de déréglementation de l’Union Européenne : dans le cas des industries en réseau, ce dernier demeure fondé sur l’existence continue d’agences de réglementation, la responsabilité du service public, le contrôle centralisé des investissements et la réciprocité négative. L’adoption de ces principes aura pour effet au moins de retarder le processus de déréglementation dans les économies en transition et probablement aussi de préserver la structure cartellisée des marchés de services publics.L’économie de la réglementation, et par implication, l’économie de la déréglementation est une contribution émanant de l’Ecole d’Economie de Chicago. Parce que les “processus de déréglemen- tation” en vigueur induisent des réglementations plus drastiques, l’expression appropriée devrait plutôt être la re-réglementation. (shrink)

Přehledová studie sleduje a analyzuje proměny pojmu sociální inovace. Na základě silné společenské poptávky se z původně dílčí, teoreticky nediskutované a nefixované kategorie stává kategorie obecná. Pokrývá širokou oblast nemateriálních inovací a zároveň se profiluje jako aktivita normativní a intencionální, zaměřená na obecně uznávané sociální cíle. Co do ideově-hodnotových orientací současných koncepcí sociálních inovací studie identifikuje kromě mainstreamu, který zůstává u otevřených hodnotových charakteristik, ještě směr emancipačně-mobilizační a sociálně-tržně odpovědný. V epistemologické rovině se teoretici sociálních inovací hlásí především k praktickému (...) experimentování, pragmatismu, teorii komplexnosti a principům transdisciplinarity. (shrink)