In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges (...) a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy. (shrink)

Like many recent works in legal theory, especially those focusing on the apparently conflicting schools of legal positivism and natural law, Waluchow’s Inclusive Legal Positivism begins by admitting a degree of perplexity about the field; indeed, he suggests that the field has fallen into “chaos”. Disturbingly, those working within legal theory appear most uncertain about what the tasks of their field are. Legal philosophers often seem to suspect strongly that at least their colleagues in the field are confused about (...) those tasks. As a result, many recent books in legal theory are in large part exercises in legal metatheory, devoting many pages to attempts to define the purposes and goals of the field. Waluchow follows this trend and begins by expressing a desire to clarify the issues that separate those trying to give an account of the nature of law. His ultimate goal is to defend a version of legal positivism, inclusive legal positivism, that he thinks is at least implicit in H. L. A. Hart’s work. (shrink)

In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligation’ should not be (...) removed from their various contexts of use and subjected to abstract philosophical definition and analysis. Second, when analyzing assertions in which such words figure in both legal practice and theory, it is crucial to bear in mind the different functions these assertions can be made to serve and the different purposes to which they can be putResumen:En este ensayo el autor defiende a H. L. A. Hart de dos críticas recurrentes a su teoría de las normas sociales y a las obligaciones que regularmente acompañan a estas normas. Ambas críticas, sostiene el autor, descansan sobre malos entendidos o caracterizaciones equivocadas de lo que Hart en realidad se propuso. Estos malentendidos son explicados plausiblemente a través de la falta de capacidad de los críticos de apreciar plenamente dos de las valiosas lecciones que Hart deseaba expresar en su lectura inaugural. En primer lugar, palabras como “norma” y “obligación” no deberían ser sacadas de sus distintos contextos de uso para someterlas a definiciones abstractas y al análisis filosófico. En segundo lugar, cuando se analizan enunciados en los cuales figuran tales palabras, tanto en la teoría como en la práctica del derecho, resulta primordial tener en mente las diversas funciones que esos enunciados puedan tener y los diferentes propósitos para los cuáles esos enunciados fueron proferidos. (shrink)

An attempt top reconcile Dworkin with Hart's legal positivism.

In his recent book, Harm to Others, Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On the other hand, (...) there is an inclination to believe that harmful events can indeed occur posthumously. As Aristotle observed, “a dead man is popularly believed to be capable of having both good and ill fortune—honour and dishonour and prosperity and the loss of it among his children and descendants generally—in exactly the same way as if he were alive but unaware or unobservant of what was happening”. Feinberg sides with Aristotle on this issue and develops an intriguing theory purporting to show how posthumous harms are possible. My intention in this paper is to argue that Feinberg's account meets with such serious difficulties that we must either develop an alternative theory or agree with those who claim that death logically excludes the possibility of harm. I shall begin in §2 with a brief sketch of Feinberg's provocative theory. This will be followed in §3 by my comments and criticisms. Section 4 will close with suggestions about where Feinberg's account goes wrong and how it might be repaired. (shrink)

Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.Resumen:Las cartas constitucionales o declaraciones de derechos han sido aplaudidas por la protección que brindan a las minorías y su función de asegurar derechos fundamentales; sin embargo, (...) también han sido criticadas por ser consideradas moral y políticamente refutables. El autor responde a las objeciones más serias de los críticos y ofrece algunas razones para adoptar un marco alternativo, de acuerdo al cual, las cartas no aspiran a establecer puntos de acuerdo y compromisos previos. (shrink)

Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge that it is fundamentally undemocratic. The focus is on the powerful critique mounted (...) by Jeremy Waldron, the foremost philosophical opponent of judicial review. (shrink)

Art history on the edge : iconology, media, and visual culture -- Four fundamental concepts of image science -- Image science -- Image X text -- Realism and the digital image -- Migrating images : totemism, fetishism, idolatry -- The future of the image : Rancière's road not taken -- World pictures : globalization and visual culture -- Media aesthetics -- There are no visual media -- Back to the drawing board : architecture, sculpture, and the digital image -- Foundational (...) sites and occupied spaces -- Border wars : translation and convergence in politics and media -- Art X environment -- The historical uncanny : phantoms, doubles, and repetition in the war on terror -- The spectacle today : a response to retort -- Coda : for a sweet science of images. (shrink)

A new English translation of Schelling’s unfinished magnum opus, complete with a contextualizing introduction by the translator.

Part novella, part philosophy, Clara was Schelling's most popular work during his lifetime, and appears here in English for the first time.

"This book contains ideas to develop interdisciplinary and transdisciplinary views on economy and society. It aims to disseminate heterodox ideas on various subjects related to economics and global society. The book is organised in six parts. Part 1 contains the key lectures of Backhaus on the concept of state sciences and of Klamer on the importance of culture for economics. Parts 2- 6 contain successively contributions in the areas of economic paradigms and theories, population and society, corporate issues, environment, and (...) international relations. Examples of the content are: - the changes of family life cycles due to the rise of non-traditional households; - subjective and objective inflation rates after the introduction of the Euro; - the economics of genetic engineering; - the contribution of foreign direct investment to the economic development of host countries; - the inaccuracy of economic models applied in places characterized by extreme income disparities; - the improvement of political and corporate governance; - evolutionary thinking and emission trading; - freedom and order in the European Union; - the reform of social policy in Europe. The book provides interesting creative multi-disciplinary ideas with respect to various topical issues concerning the contemporary global society. It is highly recommended for economists and social scientists in search of broad views on social science and society.". (shrink)

When a single beam-splitter receives two beams of bosons described by Fock states (Bose-Einstein condensates at very low temperatures), interesting generalizations of the two-photon Hong-Ou-Mandel effect take place for larger number of particles. The distributions of particles at two detectors behind the beam splitter can be understood as resulting from the combination of two effects, the spontaneous phase appearing during quantum measurement, and the quantum angle. The latter introduces quantum “population oscillations”, which can be seen as a generalized Hong-Ou-Mandel effect, (...) although they do not always correspond to even-odd oscillations. (shrink)

Through clear explanation of its characteristic concepts and doctrines, and paying close attention to the published works of its philosophers, the volume ...

W. J. Mander presents the first ever synoptic history of British Idealism, the school of thought which dominated English-language philosophy from the 1860s to the early 20th century. He restores to its proper place this neglected period of philosophy, introducing the exponents of Idealism and explaining its distinctive concepts and doctrines.

There exist important deductive systems, such as the non-normal modal logics, that are not proper subjects of classical algebraic logic in the sense that their metatheory cannot be reduced to the equational metatheory of any particular class of algebras. Nevertheless, most of these systems are amenable to the methods of universal algebra when applied to the matrix models of the system. In the present paper we consider a wide class of deductive systems of this kind called protoalgebraic logics. These include (...) almost all (non-pathological) systems of prepositional logic that have occurred in the literature. The relationship between the metatheory of a protoalgebraic logic and its matrix models is studied. The following results are obtained for any finite matrix model U of a filter-distributive protoalgebraic logic : (I) The extension U of is finitely axiomatized (provided has only finitely many inference rules); (II) U has only finitely many extensions. (shrink)

What precisely, W. J. T. Mitchell asks, are pictures (and theories of pictures) doing now, in the late twentieth century, when the power of the visual is said to be greater than ever before, and the "pictorial turn" supplants the "linguistic turn" in the study of culture? This book by one of America's leading theorists of visual representation offers a rich account of the interplay between the visible and the readable across culture, from literature to visual art to the mass (...) media. (shrink)

In 1980, Jacques Derrida published La carte postale: De Socrate a Freud et au-del a. At the occasion of the 30th anniversary of the English translation, Going Postcard: The Letter(s) of Jacques Derrida revisits this seminal work in Derrida's oeuvre. Derrida himself described The Post Card in his preface as "the remainders of a destroyed correspondence," stretching from 1977 to 1979. A cryptic text, it is riddled with gaps, word plays, and a meandering analysis of the interface between philosophy and (...) psychoanalysis. The contributors who offered the fourteen essays gathered in Going Postcard were each provided with a deceptively simple task: to write a gloss to a fragment from the first part of The Post Card, "Envois." The result is a prismatic array of commentaries, excursions, and interpretations that take Derrida "to the letter." The different glosses on lemmas such as genre, erasure, telepathy, philately, and sperm transport The Post Card into the twenty-first century and offer a "correspondence," if fragmentary, with Derrida's work and the work to come. (shrink)