Three paradigms of legal positivism -- The pure theory of law : science or political theory? -- Kelsen's principles of legality -- Kelsen's theory of democracy : reconciliation with social order -- Democratic constitutionalism : Kelsen's theory of constitutional review -- Kelsen's legal cosmopolitanism -- Conclusions : the pure theory of law and contemporary positivism.

‘Bill Scheuerman’s ‘The End of Law’ offers a compelling case for the claim that Carl Schmitt’s constitutional theory is not authentically democratic. This does not entail, however, that Schmitt’s views are of no relevance for understanding the contemporary crisis of democracy. Schmitt’s arguments offer a blueprint for the populist-authoritarian subversion of democracy. Defenders of democracy are therefore well-advised to engage with Schmitt’s ideas.’.

ABSTRACTIt is often held that the legitimacy of a democratic constitution depends on its production by constituent power. This paper argues that the notion of legitimation by constituent power face...

Neo-Republicans claim that Hobbes’s constitutional indifferentism (the view that we have no profound reason to prefer one constitutional form over another) is driven exclusively by a reductive understanding of liberty as non-interference. This paper argues that constitutional indifferentism is grounded in an analysis of the institutional presuppositions of well-functioning government that does not depend on a conception of liberty as mere non-interference. Hence, indifferentism cannot be refuted simply by pointing out that non-domination is a distinctive ideal of freedom. This result (...) does not suffice to defend the strong version of indifferentism put forward by Hobbes. But it does point to an important limitation of neo-republican constitutional theory: Neo-republicanism will amount to a distinctive paradigm of constitutional thought only if it is understood in a way that conflicts with Hobbes’s understanding of the institutional presuppositions of well-functioning government. It is doubtful that we have good reason to embrace neo-republicanism, so understood. (shrink)

This paper aims to assess the relevance of the notion of the material constitution for democratic constitutional theory. It is argued that the concept of material constitution is a useful antidote...

Hans Kelsen's critique of John Austin has so far attracted little attention among legal theorists. This article argues that Kelsen's attack on Austin anticipated the key elements of Hart's rejection of the Austinian conception of law as sanction-backed sovereign command. At the same time, the way in which Kelsen presents his critique of Austin's conception of sovereignty reveals important differences in purpose and intention between Kelsen's Pure Theory of Law and Hart's legal theory. The Pure Theory of Law is animated (...) by an ideal of legality that is alien to purely descriptive jurisprudential approaches in the Hartian tradition.The article concludes that this difference between Kelsen and Hart merits further exploration and that it might help to show that the Pure Theory of Law is still relevant to contemporary legal theory. (shrink)

Christopher Wellman has argued that legitimate states enjoy a right to freedom of association that necessarily includes a right to exclude immigrants. This paper shows that Wellman’s argument for this conclusion is unsound since it is based on a construction of collective rights that is inapplicable to the rights of a state.

Gustav Radbruch’s famous article Statutory Lawlessness and Supra-Statutory Law1 puts forward two key theses. The first of these, which will not concern me here, is a claim about the nature of law....

Volume 11, Issue 1, March 2020, Page 131-139.

This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on presidential dictatorship under Article (...) 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories. (shrink)

Aggregating individuals’ consistent attitudes might produce inconsistent collective attitudes. Some groups therefore need the capacity to form attitudes that are irreducible to those of their members. Such groups, group-agent realists argue, are agents in control of their own attitude formation. In this paper, however, I show how group-agent realism overlooks the important fact that groups consist of strategically interacting agents. Only by eliminating group agency from our social explanations can we see how individuals vote strategically to gain control of their (...) groups and produce collective attitudes we cannot make sense of if we treat groups as agents. (shrink)

The main purpose of this book is to introduce a broader audience to emergence by illustrating how discoveries in the physical sciences have informed the ways we think about it. In a nutshell, emergence asserts that non-reductive behavior arises at higher levels of organization and complexity. As physicist Philip Anderson put it, "more is different." Along the text's conversational tour through the terrain of quantum physics, phase transitions, nonlinear and statistical physics, networks and complexity, the author highlights the various philosophical (...) nuances that arise in encounters with emergence. The final part of the book zooms out to reflect on some larger lessons that emergence affords us. One of those larger lessons is the realization that the great diversity of theories and models, and the great variety of independent explanatory frameworks, will always be with us in the sciences and beyond. There is no "Theory of Everything" just around the corner waiting to be discovered. One of the main benefits of this book is that it will make a number of exciting scientific concepts that are not normally covered at this level accessible to a broader audience. The overall presentation, including the use of examples, analogies, metaphors, and biographical interludes, is geared for the educated non-specialist. (shrink)

Verili bir durumu anlamayı, onu bir bütün olarak kurgulamak olarak düşünelim. Kurgu basit bir gösterge de olabilir, karmaşık bir yapı da olabilir; belli belirsiz bir iz veya izler toplamı da olabilir. Kurgunun işlevini yerine getirmesini sağlayan gerek ve yeter koşul verili olan durum ile kendi yapısı arasında bir karşılaştırma olanağını sağlamasıdır. Nitekim, en bilindik anlamda bir durumu kurgulamak onu bir başka durumla karşılaştırmaktır. Bu yüzden de karşılaştırma yapmayı anlama yetimiz için ön dayanak olan bir alt-yeti olarak tanımlayabiliriz. Bu alt-yetinin edimsel (...) doğasına ilişkin bazı sorulara yanıt aramak istersek, karşılaştırma dediğimiz edimin doğal koşullarını incelememiz gerekir. Bu bildiride karşılaştırma ediminin doğal koşullarını betimlemeyi amaçlayan bir çerçeve çizmeye ve böylelikle anlama yetimizin ön dayanaklarının edimsel doğasını uygun bir biçimde nasıl yorumlayabileceğimiz sorusuna yanıt vermeye çalışacağım. (shrink)

Can groups really be agents or is group agency just a fiction? Christian List and Philip Pettit argue influentially for group-agent realism by showing how certain groups form and act on attitudes in ways they take to be unexplainable at the level of the individual agents constituting them. Group agency is therefore considered not a fiction or a metaphor but a reality we must account for in explanations of certain social phenomena. In this paper, I challenge this defence of group-agent (...) realism by showing how it is undermined by individual-level analysis of how individuals interact within groups. While group agency can be a useful fiction, real agents are at the individual level, not the collective level. (shrink)

Introduction: What is evil and how can we understand it? -- The theology of evil -- Theodicies -- The privation theodicy -- The free will theodicy -- The Iraenean theodicy -- The totality theodicy -- History as secular theodicy -- Job's insight-the theodicy of the hereafter -- Anthropology of evil -- Are people good or evil? -- The typologies of evil -- Demonic evil -- Evil for evil's sake -- Evil's aesthetic seduction -- Sadism -- Schadenfreude -- Subjective and objective (...) evil -- Kant and instrumental evil -- The impossibility of a "devilish" will -- The paradox of evil -- Moral rebirth -- The evil is the other-idealistic evil -- "Us" vs. "them" -- Violent individuals -- Arendt and stupid evil -- The evil and the stupid -- Radical and banal evil -- Eichmann, Hoss, and Stangl -- Normal people and extreme evil -- Thinking as opposition -- Evil people -- The problem of evil -- Theory and praxis -- Ethics of conviction and ethics of responsibility -- Politics and violence -- Evil as a concrete problem. (shrink)

Introduction -- The history of written codes of ethics -- Contemporary codes -- Media councils in the Western Hemisphere -- Journalists' responsibility for the destiny of peace -- Towards an international code of ethics -- Journalistic ethics in Latin America -- The international ethics of journalists.

This article analyses and presents a survey of ethical conflicts in prehospital emergency care. The results are based on six focus group interviews with 29 registered nurses and paramedics working in prehospital emergency care at three different locations: a small town, a part of a major city and a sparsely populated area. Ethical conflict was found to arise in 10 different nodes of conflict: the patient/carer relationship, the patient’s self-determination, the patient’s best interest, the carer’s professional ideals, the carer’s professional (...) role and self-identity, significant others and bystanders, other care professionals, organizational structure and resource management, societal ideals, and other professionals. It is often argued that prehospital care is unique in comparison with other forms of care. However, in this article we do not find support for the idea that ethical conflicts occurring in prehospital care are unique, even if some may be more common in this context. (shrink)

Despite the overuse of the word in movies, political speeches, and news reports, "evil" is generally seen as either flagrant rhetoric or else an outdated concept: a medieval holdover with no bearing on our complex everyday reality. In _A Philosophy of Evil_, however, acclaimed philosopher Lars Svendsen argues that evil remains a concrete moral problem: that we're all its victims, and all guilty of committing evil acts. "It's normal to be evil," he writes -- the problem is, we have (...) lost the vocabulary to talk about it. Taking up this problem -- how do we speak about evil? -- _A Philosophy of Evil_ treats evil as an ordinary aspect of contemporary life, with implications that are moral, practical, and above all, political. Because, as Svendsen says, "Evil should neither be justified nor explained away -- evil must be fought.". (shrink)

Hannah Arendt and Theodor W. Adorno, two of the most influential political philosophers and theorists of the twentieth century, were contemporaries with similar interests, backgrounds, and a shared experience of exile. Yet until now, no book has brought them together. In this first comparative study of their work, leading scholars discuss divergences, disclose surprising affinities, and find common ground between the two thinkers. This pioneering work recovers the relevance of Arendt and Adorno for contemporary political theory and philosophy and lays (...) the foundation for a critical understanding of political modernity: from universalistic claims for political freedom to the abyss of genocidal politics. (shrink)

Public reason liberals expect individuals to have justificatory reasons for their views of certain political issues. This paper considers how groups can, and whether they should, give collective public reasons for their political decisions. A problem is that aggregating individuals’ consistent judgments on reasons and a decision can produce inconsistent collective judgments. The group will then fail to give a reason for its decision. The paper considers various solutions to this problem and defends a deliberative procedure by showing how it (...) incentivizes information sharing and leads to outcomes most acceptable to the group members. (shrink)

The revival of republicanism was meant to challenge the hegemony of liberalism in contemporary political theory on the grounds that liberals show insufficient concern with institutional protection against political misrule. This article challenges this view by showing how neorepublicanism, particularly on Philip Pettit’s formulation, demands no greater institutional protection than does political liberalism. By identifying neutrality between conceptions of the good as the constraint on institutional requirements that forces neorepublicanism into the liberal framework, the article shows that neutrality is what (...) neorepublicans must jettison to offer a tenable critique of liberalism. Only then can neorepublicans ensure greater protection against misrule by demanding that citizens participate more actively in politics. They can then also criticize liberalism for failing to appreciate the importance of such protection. (shrink)

Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also promote negative freedom by reducing overall (...) interference. To avoid this result, republican institutions must be more restrictive and require that citizens conform to a life of political engagement. But then republican freedom will not be a neutral ideal. Rejecting negative freedom therefore means sacrificing neutrality. (shrink)

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure negative freedom is (...) clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

This article is a response to Thomas David Riisfeldt’s paper entitled ‘Weakening the ethical distinction between euthanasia, palliative opioid use and palliative sedation’. It is shown that as far as euthanasia and palliative sedation are concerned, Riisfeldt has not established that a common ground, or a similarity, between the two is the relief of suffering. Quite the contrary, this is not characteristic of euthanasia, neither by definition nor from a clinical point of view. Hence, the argument hinges on a conceptually (...) and empirically erroneous premise and is accordingly a non-starter. (shrink)

According to Niklas Luhmann, causality is both an impossibility and a necessity in education. On the one hand, the task of the teacher is an impossible one, because teaching as communication is a closed system that cannot determine the learning of pupils' psychical system in any causal sense. On the other hand, one cannot practice as a teacher without a belief in causality, i.e., in a causal connection between teaching and learning. In his article “The Child as the Medium of (...) Education,” Luhmann focuses on the enablement of education, despite its impossibility. His answer is that one thing that makes education possible is the emergence of the symbolically generalized medium “the child.” In this article, Lars Qvortrup focuses on Luhmann's understanding of causality. According to Luhmann, causality is not a simple, ontological fact, but the result of the attribution of certain causes to certain effects. The conclusion is that causality as an attribution category — and not causality as an ontological fact — is another thing that makes education possible. Qvortrup also concludes, however, that Luhmann is not alone in criticizing the traditional, mechanical concept of causality. Other contemporary philosophers and sociologists have pointed out that in order to analyze causality in complex social systems, one has to select some causal factors and ignore others. While others do this based on seemingly pure scientific and statistical criteria, Luhmann focuses on attribution as a social construction of causality. (shrink)

This study examined the influence of two organizational context variables, codes of conduct and supervisor advice, on personnel decisions in an experimental simulation. Specifically, we studied personnel evaluations and decisions in a situation where codes of conduct conflict with supervisor advice. Past studies showed that supervisors’ advice to prefer ingroup over outgroup candidates leads to discriminatory personnel selection decisions. We extended this line of research by studying how codes of conduct and code enforcement may reduce this form of discrimination. Eighty (...) German managers evaluated and selected candidates from an applicant pool including Germans (ingroup members) and foreigners (outgroup members). Supervisor advice to prefer ingroup members lowered suitability ratings of outgroup members as well as their chances to be selected for an interview. Ethical codes of conduct referring to equal opportunities limited this form of discrimination, but only when codes were enforced by sanctions and integrated into organizational every-day practice. The implications of these findings for research and practice are discussed. (shrink)

An influential view in the ethics of self-defence is that causal responsibility for an unjust threat is a necessary requirement for liability to defensive harm. In this article, I argue against this view by providing intuitive counterexamples and by revealing weaknesses in the arguments offered in its favour. In response, adherents of the causal view have advanced the idea that although causally inefficacious agents are not liable to defensive harm, the fact that they may deserve harm can justify harming them (...) in the course of defending oneself. I argue that this strategy is ad hoc and leads to more problems than it solves. Once we allow normative facts outside our account of liability to affect a person's moral protection against harm, the lieability verdicts cannot tell us whether there is a relevant moral asymmetry between the victim and the target of defence. In conclusion, the causal view is wrong and causal responsibility for an unjust threat is not a necessary requirement for liability to defensive harm. (shrink)

We have lost one of the giants of the twentieth century physics when Yoichiro Nambu passed away in July, 2015, at the age of 94. Today's Standard Model, though still incomplete in many respects, is the culmination of the most successful theory of the Universe to date, and it is built upon foundations provided by discoveries made by Nambu in the 1960s: the mechanism of spontaneously broken symmetry in Nature (with G Jona-Lasinio) and the hidden new SU(3) symmetry of quarks (...) and gluons (with M-Y Han). In this volume honoring Nambu's memory, World Scientific Publishing presents a unique collection of papers written by his former colleagues, collaborating researchers and former students and associates, not only citing Nambu's great contributions in physics but also many personal and private reminiscences, some never told before. This book is a volume for all who benefited not only from Nambu's contributions toward understanding the Universe but also his warm and kind persona. It is a great addition to the history of contemporary physics. (shrink)