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)

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)

‘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...

Imagination plays an important role in depiction. In this chapter, I focus on photography and I discuss the role imagination plays in photographic depiction. I suggest to follow a broadly Waltonian view, but I also depart from it in several places. I start by discussing a general feature of the relation of depiction, namely the fact that it is a ternary relation which always involves "something external." I then turn my attention to Walton's view, where this third relatum of the (...) relation of depiction is largely analyzed in terms of the role imagination plays in depiction. I consider the objection to his view that not all cases of depiction involve imagination – for instance, documentary photographs – as well as Walton's own strategy to face this objection, and I argue that it is partly adequate and partly wrong. As we will see, first, it is an unnecessary mistake to insist too heavily on the fact that photographs are produced in a mechanic way (as opposed to, say, paintings), and second, the notion of "imagining-seeing," as it is articulated by Walton, is perhaps too strong and does not entirely do justice to the external character of the role imagination plays here. I illustrate the view I want to advocate for by a series of different cases, where the nature of the role that imagination, knowledge/belief, and inference play in depiction will become apparent. (shrink)

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)

Sometimes, I like to write 'philosophical stories' that explain a philosophical problem, and this book is a compilation of five such stories. So this is a book for non-philosophers or for beginners in philosophy. There is a story of a bald punk that allows me to explain theories of vagueness, a story about brains in vats that gives rise to a discussion of scepticism about the external world, a story about a theft in a museum where the thief is condemned (...) twice (once for stealing a statue, and once for stealing a piece of bronze of which the statue was made), a time travel story, and a ship od Theseus revisited story. I hope to have achieved something that is both fun and serious and that will give a good picture of what philosophy is to the general public. The book is also intented for first or second year philosophy students, who can find there a starting point for understanding some debates. (shrink)

_An Ethical Modernity?_ offers a new view of Hegel’s doctrine of ethical life (_Sittlichkeit_) in relation to modernity. In this collection of essays, the authors investigate various aspects of this relation and its importance for today’s world.

Based especially on The Elementary Forms of Religious Life (1912) the text tries to delimitate contours of „Durkheim’s epistemology“ (i. e. relatively coherent group of assertions). It argues that the deep „objective“ of this connection is to ensure autonomy and specific field for the new-born scientific province, sociology, through the claim that this contribution can solve and actually does solve (from the French sociologist’s point of view) „traditional epistemological hardships“ into which philosophical empiricism and rationalism fall. Durkheim’s sociological deduction of (...) categories (instead of transcendental deduction), as Ernst Cassirer calls it, is presented in contrast to the „holy positivists interpretations“ of his writing, exclusively intentional conceptualizations of action and notion formation, and correspondence theory of truth. The text concludes that despite noticeable inconsistencies Durkheim’s suggestions provide inspiring material even for today’s sociological production in this field. (shrink)

Strawson’s work seems to contain both pragmatic and semantic concepts of presupposition. The former concept has largely been studied by many philosophers and linguists, while the latter has not been properly investigated (van Fraassen being an exception). The present author explicates the semantic concept of existential presupposition in relation to deriving existential statements and distinguishing their de dicto/de re variants (in the rather generalized sense following Tichý).

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.

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)

During the Czechoslovak normalization era (roughly from the 1970s to the 1980s), the Czech lawyer Vladimír Čermák, who later became a Justice of the newly established Constitutional Court of the Czech Republic after the breakdown of the Communist regime, authored a monumental piece called The Question of Democracy. Although this ambitious work has no equal in the Czech context, no attention has been paid to it in the English-speaking world. The present article aims to fill this gap by analyzing the (...) most original aspects of Čermák’s political thought. First, I present Greek tragedy, Plato, and Augustine as the main influences on his thought, which was further shaped by Čermák’s experience with the First Czechoslovak Republic and the Communist era. Second, I show that the most important category permeating all of his intellectual project is the principle of polarity, combined with the concept of polémos as derived from Greek tragedy. Third, I focus on the consensually anchored value order of society, which is created through an interplay between positive and negative forces. Čermák’s idea that all law must be measured against the value order has deeply influenced the value-based jurisprudence of the Constitutional Court. Finally, I position Čermák’s thought in the context of contemporary political theory, arguing that the contrast with the work of the radical political theorist Chantal Mouffe is particularly illuminating. Even though Čermák and Mouffe share a similar attitude to democracy—in that the primacy of strife renders universal rational consensus impossible—I maintain that Čermák’s theory, due to its emphasis on the categories of good and evil, can be more usefully described as “secular Augustinianism”. (shrink)

Metaphysical theories are beautiful. I mean it literally. At the end of this book, I defend the view that metaphysical theories possess aesthetic properties and that these play a crucial role when it comes to theory evaluation and theory choice. But this is the end of a long journey – a journey that is perhaps more important than the destination. Before we get there, the philosophical path I propose to follow starts with three discussions of metaphysical equivalence. I argue that (...) there are cases of metaphysical equivalence, cases of partial metaphysical equivalence, as well as interesting cases of theories that are not equivalent. Thus, claims of metaphysical equivalence can only be raised locally. My slogan is : the best way to do meta -metaphysics is to do first-level metaphysics. To do this work, I focus on the nature of primitives and on the role they play in each of the theories involved. I emphasize the utmost importance of primitives in the construction of metaphysical theories and in the subsequent evaluation of them. I then raise the simple but complicated question: how to make a choice between competing metaphysical theories? If two theories are equivalent, then perhaps we do not need to make a choice. But what about all the other cases of non-equivalent "equally good" theories? I use some of the theories discussed in the first part of the book as examples and I examine some traditional meta -theoretical criteria for theory choice only to show that they do not allow us to make a choice. But if the standard meta -theoretical criteria cannot help us in deciding between competing non-equivalent metaphysical theories, how then shall we make that choice? This is where I argue that metaphysical theories possess aesthetic properties – grounded in non-aesthetic properties – and that these play a crucial role in theory choice and evaluation. This view, as well as all the meta -metaphysical considerations discussed throughout the book, then naturally lead me to a form of anti-realism, and at the end of the journey I offer reasons to think better of the kind of anti-realist view I propose to embrace. (shrink)

Metaphysical theories are often counter-intuitive. But they also often are strongly supported and motivated by intuitions. One way or another, the link between intuitions and metaphysics is a strong and important one, and there is hardly any metaphysical discussion where intuitions do not play a crucial role. In this article, I will be interested in a particular kind of such intuitions, namely those that come, at least partly, from experience. There seems to be a route from experience to metaphysics, and (...) this is the core of my interest here. In order to better understand such ‘arguments from experience’ and the kind of relationship there is between this type of intuitions and metaphysical theories, I shall examine four particular cases where a kind of experience-based intuition seems to motivate or support a metaphysical theory. At the end of the day, I shall argue that this route is a treacherous one, and that in all of the four cases I shall concentrate on, phenomenological considerations are in fact orthogonal to the allegedly ‘corresponding’ metaphysical claims. An anti-realist view of metaphysics will emerge. (shrink)

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.

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 this paper, I explore several versions of the bundle theory and the substratum theory and compare them, with the surprising result that it seems to be true that they are equivalent (in a sense of 'equivalent' to be specified). In order to see whether this is correct or not, I go through several steps : first, I examine different versions of the bundle theory with tropes and compare them to the substratum theory with tropes by going through various standard (...) objections and arguing for a tu quoque in all cases. Emphasizing the theoretical role of the substratum and of the relation of compresence, I defend the claim that these views are equivalent for all theoretical purposes. I then examine two different versions of the bundle theory with universals, and show that one of them is, here again, equivalent to the substratum theory with universals, by examining how both views face the famous objection from Identity of Indiscernibles in a completely parallel way. It is only the second, quite extreme and puzzling, version of the bundle theory with universals that is not be equivalent to any other view; and the diagnosis of why this is so will show just how unpalatable the view is. Similarly, only a not-so-palatable version of the substratum theory is genuinely different from the other views; and here again it's precisely what makes it different that makes it less appealing. (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)