Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. _The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber _places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen’s legal positivism and Weber’s sociology of law, and guided (...) by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising _The Foundation of the Juridical-Political _uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse. (shrink)

Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. _The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber__ _contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of (...) affinity and divergence in the work of these two influential figures. Thus, the chapters collected in _The Reconstruction of the Juridico-Political _offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber. (shrink)

Roberto Esposito: Law, Community and the Political provides an introduction to this increasingly influentialItalian theorist'sreconceptualisation ofthe relationship between law and community. Focusing primarily on Esposito's worksCatgories de l'Impolitique, Communitas and Bos, andBiopolitics and Philosophy, his work, it is argued, is animated by an abiding concern with the question of the political as that which remains unthought in the tradition of modern and contemporary political philosophy. Esposito's fundamental rethinking of the notion of community thereby breaks with the existing framework of political (...) and legal philosophy; critiquing its traditions and, in the process, rethinking the very form of critique. As the first monograph length study of Esposito in English, Roberto Esposito: Law, Community and the Politicalwill be of considerable interest to those with interests in contemporarylegal, political and philosophical thought. (shrink)

_Hans Kelsen and the Natural Law Tradition_ provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a (...) sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm. The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law. (shrink)

This article compares and contrasts Hans Kelsen's concept of normative imputation, in the Lecture Course of 1926, with the concepts of peripheral and central imputation, in The Pure Theory of Law of 1934. In this process, a wider and more significant distinction is revealed within the development of Hans Kelsen's theory of positive law. This distinction represents a shift in Kelsen's philosophical allegiance from the Neo-Kantianism of Windelband to that of Cohen. This, in turn, reflects a broader disengagement of The (...) Pure Theory of Law from the more direct connection with a political project of a civitas maxima envisaged by the Lecture Course. (shrink)

Chapter 1 : Introduction General Argument My aim is to survey some of the most influential philosophical writers on human nature from the time that ...

Volume 10, Issue 2, June 2019, Page 289-299.

This reissue of his collection of early essays, Logico-Linguistic Papers, is published with a brand new introduction by Professor Strawson but, apart from minor ...

A historical investigation of the exclusion of Africa and Asia from modern histories of philosophy.

A complete system of classical Aristotelian logic intended for honors high school and college.

Ohne Rücksicht auf disziplinäre Schranken bringt dieses Buch verschiedene nicht-reduktionistische Lerntheorien miteinander ins Gespräch. In einem offenen Diskurs, der die Konzepte zueinander in Beziehung setzt, werden die unterschiedlichen Perspektiven kritisch abgewogen und hinsichtlich ihrer Stärken und Schwächen diskutiert.

Delo se loteva vprašanja aktualnosti pojma subjekta v filozofiji in politiki skozi analizo tistih avtorjev, ki so ga domnevno najbolj radikalno pokopali: pokaže, da vznik radikalno novega in problematika subjekta zavzema osrednje mesto v Deleuzovi filozofiji, kakor tudi v Lyotardovi pozni misli posvečeni praznini, v Foucaultovi obravnavi biopolitike in biooblasti, v delu Negrija in Hardta o Imperiju, ter nazadnje v Badioujevi predelavi temeljnih filozofskih kategorij biti, resnice in subjekta, na osnovi katerih je dandanes znova možna renesansa filozofije. Ta ima po (...) Badiouju štiri razsežnosti, ki se v delu Vznik subjekta nenehno prepletajo: »V osnovi želja filozofije implicira razsežnost upora: ni filozofije brez nezadovoljstva mišljenja v njegovem soočenju s svetom, kakršen je. Pa vendar želja filozofije vključuje tudi logiko: to je, prepričanje v moč argumenta in uma.«. (shrink)

The relationship of part to whole is one of the most fundamental there is; this is the first and only full-length study of this concept. This book shows that mereology, the formal theory of part and whole, is essential to ontology. Peter Simons surveys and criticizes previous theories, especially the standard extensional view, and proposes a more adequate account which encompasses both temporal and modal considerations in detail. 'Parts could easily be the standard book on mereology for the next (...) twenty or thirty years.' Timothy Williamson, Grazer Philosophische Studien. (shrink)

This chapter provides an introduction to higher-order metaphysics as well as to the contributions to this volume. We discuss five topics, corresponding to the five parts of this volume, and summarize the contributions to each part. First, we motivate the usefulness of higher-order quantification in metaphysics using a number of examples, and discuss the question of how such quantifiers should be interpreted. We provide a brief introduction to the most common forms of higher-order logics used in metaphysics, and indicate a (...) number of questions which can be raised in such systems using logical vocabulary alone. Using a further example, we return to applications of higher-order logics in metaphysics. We also mention key developments in the history of higher-order logic as it pertains to metaphysics. Finally, we mention certain arguments which have been raised against the use of higher-order logic, and some ways of responding to them. (shrink)

Confirmation bias is one of the most widely discussed epistemically problematic cognitions, challenging reliable belief formation and the correction of inaccurate views. Given its problematic nature, it remains unclear why the bias evolved and is still with us today. To offer an explanation, several philosophers and scientists have argued that the bias is in fact adaptive. I critically discuss three recent proposals of this kind before developing a novel alternative, what I call the ‘reality-matching account’. According to the account, confirmation (...) bias evolved because it helps us influence people and social structures so that they come to match our beliefs about them. This can result in significant developmental and epistemic benefits for us and other people, ensuring that over time we don’t become epistemically disconnected from social reality but can navigate it more easily. While that might not be the only evolved function of confirmation bias, it is an important one that has so far been neglected in the theorizing on the bias. (shrink)

We defend Joseph Melia's thesis that the role of mathematics in scientific theory is to 'index' quantities, and that even if mathematics is indispensable to scientific explanations of concrete phenomena, it does not explain any of those phenomena. This thesis is defended against objections by Mark Colyvan and Alan Baker.

In this short but meaty book, Peter Unger questions the objective answers that have been given to central problems in philosophy. As Unger hypothesizes, many of these problems are unanswerable, including the problems of knowledge and scepticism, the problems of free will, and problems of causation and explanation. In each case, he argues, we arrive at one answer only relative to an assumption about the meaning of key terms, terms like "know" and like "cause," even while we arrive at (...) an opposite answer relative to quite different assumptions, but equally arbitrary assumptions, about what the key terms mean. (shrink)

Members of the field of philosophy have, just as other people, political convictions or, as psychologists call them, ideologies. How are different ideologies distributed and perceived in the field? Using the familiar distinction between the political left and right, we surveyed an international sample of 794 subjects in philosophy. We found that survey participants clearly leaned left (75%), while right-leaning individuals (14%) and moderates (11%) were underrepresented. Moreover, and strikingly, across the political spectrum, from very left-leaning individuals and moderates to (...) very right-leaning individuals, participants reported experiencing ideological hostility in the field, occasionally even from those from their own side of the political spectrum. Finally, while about half of the subjects believed that discrimination against left- or right-leaning individuals in the field is not justified, a significant minority displayed an explicit willingness to discriminate against colleagues with the opposite ideology. Our findings are both surprising and important, because a commitment to tolerance and equality is widespread in philosophy, and there is reason to think that ideological similarity, hostility, and discrimination undermine reliable belief formation in many areas of the discipline. (shrink)

Narrative thinking -- Narrative thinking about one's past -- Grief : a case study -- Narrative thinking about one's future -- Self-forgiveness : a case study -- The narrative sense of self -- Narrative, truth, life, and fiction.