For the past several decades, jurists have invested significant efforts in developing the law in general—and private law in particular—in terms of pluralism. However, the conceptualization of corporate law and governance according to pluralist principles rarely exists. This Essay is the first in the legal literature to address this deficiency by providing a unique pluralist theory of corporate governance regimes. It distinguishes between the plurality of corporate law’s sources, values, and principles, and discusses the implications for governance. Moreover, based on (...) the social systems’ thinking and the framework of complexity, this Essay provides theoretical grounds for skepticism about any policies or structures applicable to all times and contexts. Therefore, rather than perceiving corporate governance as being identically applicable to all corporations, the law must meet the challenge of complexity by designing governance arrangements following a firm-specific perspective. Furthermore, I argue that in conditions of complexity, corporate governance eco-systems should be designed with a firm-specific view that incorporates the effect of the corporation participants’ heterogeneity, the heterogeneity of its internal power relations, and the heterogeneity of industries and markets. These novel arguments have profound implications for redesigning fundamental legal doctrines—such as fiduciary duties of controlling shareholders, regulation of related party transactions, the officers’ duty of care, and the company purpose. (shrink)

On a widely held characterization, triadic joint attention is the capacity to perceptually attend to an object or event together with another subject. In the last four decades, research in developmental psychology has provided increasing evidence of the crucial role that this capacity plays in socio-cognitive development, early language acquisition, and the development of perspective-taking. Yet, there is a striking discrepancy between the general agreement that joint attention is critical in various domains, and the lack of theoretical consensus on how (...) to account for it. This paper pursues three interrelated aims: (i) it examines the contrast between reductive and non-reductive views of (triadic) joint attention, by bringing into focus the notion of recursive mindreading; (ii) it assembles, advances, and discusses a number of arguments against reductive views; (iii) finally, in dialogue with some prominent non-reductive views, it outlines the case for a non-reductive view that gives pride of place to the idea that co-attenders relate to one another as a ‘you’. (shrink)

_Blood_, according to Gil Anidjar, maps the singular history of Christianity. As a category for historical analysis, blood can be seen through its literal and metaphorical uses as determining, sometimes even defining Western culture, politics, and social practices and their wide-ranging incarnations in nationalism, capitalism, and law. Engaging with a variety of sources, Anidjar explores the presence and the absence, the making and unmaking of blood in philosophy and medicine, law and literature, and economic and political thought from (...) ancient Greece to medieval Spain, from the Bible to Shakespeare and Melville. The prevalence of blood in the social, juridical, and political organization of the modern West signals that we do not live in a secular age into which religion could return. Flowing across multiple boundaries, infusing them with violent precepts that we must address, blood undoes the presumed oppositions between religion and politics, economy and theology, and kinship and race. It demonstrates that what we think of as modern is in fact imbued with Christianity. Christianity, Blood fiercely argues, must be reconsidered beyond the boundaries of religion alone. (shrink)

Acts of Religion, compiled in close association with Jacques Derrida, brings together for the first time a number of Derrida's writings on religion and questions of faith and their relation to philosophy and political culture. The essays discuss religious texts from Jewish, Christian, and Muslim traditions, as well as religious thinkers such as Kant, Levinas, and Gershom Scholem, and comprise pieces spanning Derrida's career. The collection includes two new essays by Derrida that appear here for the first time in any (...) language, as well as a substantial introduction by Gil Anidjar that explores Derrida's return to his own "religious" origins and his attempts to bring to light hidden religious dimensions of the social, cultural, historical, and political. (shrink)

We are walking too quickly down the road to physical and psychological utopia without pausing to assess the potential damage to our humanity from this brave new ...

The year 1492 is only the last in a series of “ends” that inform the representation of medieval Spain in modern Jewish historical and literary discourses. These ends simultaneously mirror the traumas of history and shed light on the discursive process by which hermetic boundaries are set between periods, communities, and texts. This book addresses the representation of the twelfth and thirteenth centuries as the end of al-Andalus (Islamic Spain). Here, the end works to locate and separate Muslim from Christian (...) Spain, Jews from Arabs, philosophy from Kabbalah, Kabbalah from literature, and texts from contexts. The book offers a reading of texts that emerge from its Andalusi, Jewish, and Arabic cultural sphere: Maimonides’ Guide of the Perplexed; the major text of Kabbalah, the Zohar; and the Arabic rhymed prose narrative of Ibn al-Astarkuwi. The author argues that these texts are written in a language that disrupts the possibility of locating it in a pre-existing cultural situation, a recognizable literary tradition, or a particular genre. At stake are issues – texts and contexts – that have gained particular urgency in the writings of such recent thinkers as Walter Benjamin, Jacques Derrida, Giorgio Agamben, Jean-Luc Nancy, and Avital Ronell. The book reads the place and taking place of language, interrogating the notion of disappearing contexts and the view that language is derivative of its true place, the context that, having ended, is mourned as silent and lost. (shrink)

Entre justification et explication, entre dire et faire, la destruction. Est-ce une chose ou un événement? Un geste, une oeuvre ou une opération? Un thème ou un titre? Est-ce même bien un mot? Qu'appelle-t-on destruction? Avec Heidegger, Derrida en appelle à la destruction. Oui, à la destruction. L'a-t-on entendu? Comme Heidegger (et c'est aussi ce "comme" qu'il s'agira d'examiner ici), Derrida nomme et renomme la destruction. Il lui donne le temps et le nom, une renommée. Il la surnomme "déconstruction", par (...) exemple, ou, plus tard, "mal d'archive". Comme Heidegger, Derrida travaille, traduit et retraduit la destruction, faisant parfois comme si tous ses mots, tous les mots et les phrases qu'il propose et déploie à propos de la destruction, entretenaient des rapports sans rapport, rapports déjà trop clairs, ou encore bien obscurs. Qu'appelle-t-on destruction? Après Heidegger, Derrida s'y est attardé, lui qui parlait, encore et encore, de destination et de destruction, lui qui nous a rappelés si souvent à la destruction qui arrive, partout où elle arrive. Posons que c'était l'un de ses combats, l'une de ses longues guerres (avec lui-même, d'abord, et avec la destruction). Sera-ce finalement la nôtre? Est-il aujourd'hui temps de penser - après Heidegger, avec Derrida -, temps de combattre aussi peut-être, au moins d'écouter, la destruction qui vient? Est-il encore temps de témoigner de la destruction qui croit? (shrink)

Genocide is a matter of law. It is also a matter of history. Engaging some of the most disturbing responses to the Armenian genocide, Marc Nichanian strikingly reveals the complex role played by law and history in making this and other genocides endure as contentious events. Nichanian's book argues that both law and history fail to contend with the very nature of events for which there is no archive. Both history and law fail to address the modern reality that events (...) can be—and are now being—perpetrated that _depend_ upon the destruction of the archive, turning monstrous deeds into nonevents. Genocide, this book makes us see, is in one sense the _destruction_ of the archive. It relies on the historiographic perversion. (shrink)

Algunas de las preguntas fundamentales de la filosofía del arte son: 1) ¿Qué es una obra de arte?, 2) ¿Qué es Arte?, 3) ¿Qué es el arte? Responderlas es determinar el sentido del arte. Este tipo de preguntas están planteadas bajo la fórmula ¿Qué es X?, es decir, preguntas en las cuales en lo simple esta lo complejo, preguntas en donde lo simple no quiere decir que sean sencillas; son preguntas que traen dentro de si su naturaleza y carácter metafísico-ontológico-gnoseológico, (...) y hasta axiológico. No es el propósito de este trabajo hacer frente o resolver estos problemas, sino proporcionar una aproximación al concepto de “obra de arte” en la época actual y como podría entenderse en relación a ciertos problemas ontológicos y epistemológicos actuales. -/- [Extended Version of: Vélez León, Paulo (2006). «Aproximaciones a la ¿obra de arte?». En Políticas al borde. Una investigación sobre el arte contemporáneo cuencano en los discursos políticos actuales, editado por Paulo Vélez León y Hernán Pacucuru. Cuenca: Universidad de Cuenca/Bienal Internacional de Cuenca, 2006, pp. 1-12]. (shrink)

Volume I provides a detailed analysis of cylindric algebras, starting with a formulation of their axioms and a development of their elementary properties, and proceeding to a deeper study of their interrelationships by means of general algebraic notions such as subalgebras, homomorphisms, direct products, free algebras, reducts and relativized algebras.

The starting point of this essay is that there is a contradiction at the heart of our current and hyperbolic understandings of life. To be more precise, on the one hand there is the historical novelty of biology as a modern science and set of technologies. On the other hand, life is simultaneously understood according to biological protocols that seem void of history.

Have we ever been religious? It may seem strange to open an essay on Derrida with a Latourean question. Yet, with regard to religion, what Derrida demonstrates is quite unavoidably this: we have long been, and are still being, Christianized. Whatever else we may have been, perhaps still are, constitutes but the space or espacement offered or relinquished, however reluctantly or even grudgingly (though more often than not quite willingly) to Christianization. This is a space that goes beyond whatever is (...) meant by the word or the concept of ‘religion’, under whatever definition. And though Derrida still refers to it, at times, in terms that have themselves become, for the most part, religious markers (Judaism, Islam, etc.), he leaves no doubt that such name calling is part of the Christianization he otherwise documents. This essay attempts to show that the question (let us call it Derrida's ‘Christian question’) is therefore: what is Christianity? (shrink)

The prologue of the Sophistici elenchi is as close an Aristotelian text gets to dealing with language as a subject matter in its own right, only in reverse. Language and its features bear consideration to the extent that they account for some major predicaments discursive reasoning is prone to, both as a separate and as a common endeavour. That being said, the linguistic pitfalls that trick us into thinking that whatever is the case for words and word-compounds is also the (...) case for the things and facts linguistic items stand for reveal as much about good linguistic habits and sound argumentation as they themselves are revealed by the principles and rules our argumentation goes by. In this connection, Aristotle resorted to a curious (or not so curious) analogy between words and counters which played a major role in explaining why language is such a powerful source of illusion and deception. As it happens, Aristotle accounting analogy is a case in point for showcasing the level of sophistication medieval Latin literature on fallacies achieved as early as the first half of the twelfth century. As a matter of fact, Western commentators managed to build compelling cases both in favour of and against the understanding that was to become and still is the standard story – which, of course, speaks volumes about their exegetical proficiency and technical expertise. On the one hand, trusting implicitly Boethius’ translation and well aware of his views on disputational hazards as opposed to computational reliability, they usually understood Aristotle’s comparison as if it was an analogy in name only. On the other hand, despite Boethius’ translation put them at a considerable disadvantage, Latin commentators were able to construe Aristotle’s analogy as bringing together two sets of symbolic variables (words and counters) that are neither entirely free nor entirely bound – which expose them to subtle but critical shifts in value and meaning. (shrink)

The Hungry Soul is a fascinating exploration of the natural and cultural act of eating. Kass brilliantly reveals how the various aspects of this phenomenon, and the customs, rituals, and taboos surrounding it, relate to universal and profound truths about the human animal and its deepest yearnings. "Kass is a distinguished and graceful writer. . . . It is astonishing to discover how different is our world from that of the animals, even in that which most evidently betrays that we (...) too are animals--our need and desire for food."--Roger Scruton, Times Literary Supplement "Yum."--Miss Manners. (shrink)

Niniejszy artykuł podejmuje dwie zasadnicze kwestie. Pierwsza to zagadnienie recepcji filozofii Schellinga w Polsce po drugiej wojnie światowej. Druga to pytanie, w jaki sposób należy rozumieć abstrakcje filozoficzne Schellinga. Za podstawę interpretacji przyjęto kontekstualne rozumienie filozofii, na jakim opierał się w swoich badaniach Ryszard Panasiuk. Z tych dwóch założeń podstawowych wynika struktura artykułu: część pierwsza dotyczy sposobu, w jaki ideologia marksistowsko-leninowska, wychodząc z klasowo-dialektycznego i „partyjnego” rozumienia filozofii, uznała idealizm filozoficzny za wroga. Punktem odniesienia będzie koncepcja Georga Lukácsa „Die Zerstörung (...) der Vernunft” oraz wykładnia filozofii Schellinga jako irracjonalizmu. Część druga skupia się na tym, dlaczego zaprzestano badań nad Schellingiem oraz idealizmem po drugiej wojnie światowej, oraz w jakich warunkach i kiedy pojawiły się pierwsze opracowania monograficzne. Część trzecia jest historyczno-krytyczną i kontekstualną interpretacją filozofii przyrody Schellinga. Filozofię Schellinga można rozumieć jako nową antropologię, integralnie łączącą człowieka i przyrodę. W tym sensie jest ona antytezą racjonalistycznego redukcjonizmu. (shrink)

I teach with water. It’s nothing very remarkable and I myself do not remember how I settled upon water as a most convenient introduction to what I have to teach, which is to say, to learn. Did not everything begin with water? My own beginnings, in any case, would border on the banal, if they did not signify so much about where I live (race and class) and how I teach (tradition, institution, location), the liberties I can responsibly take, or (...) the sheer length to which one might have to go to register and partake of a sense of wonder – and of outrage – on the impossible path toward a collective experience of learning. In this particular instalment, learning with water is very much about recalling what we know, knowing what we do with the knowledge that we have. I teach with water. I start my class by quietly, if ostensibly, depositing in front of the class, or at the center of the seminar table, a bottle of “spring water.” I then invite the students to attend to this classroom instance of the proverbial elephant, though not necessarily true to the desperate manner of the three blind men. (shrink)

This volume may be of interest for all those who wish that philosophy had a scientific character. As an adherent of the Polish Lvov-Warsaw Philosophical School, the author of this collection of papers endeavours to clarify some basic notions of epistemology, ontology and psychology of cognitive acts, such as judgment, existence, being etc. In his investigations he refrains from unnecessary rejection of common-sense knowledge but at the same time searches for suitable patterns in contemporary sciences. Regarding formal logic as a (...) fundamental tool for the precise expression and justification of thoughts, the author tries to clear logic from ontological commitments, shows how to construct logic of norms and how to use safely different definitions in research works. The book presents a new conception of antinomies and an innovatory approach to realistic epistemology. Moreover, some applications of logical methods are illustrated by examples of semantical analyses of the general notion of similarity and the biological concept of homology. (shrink)

Was Derrida a mama’s boy? Was he not hiding or indeed manifesting, ostensibly displaying even, mommy issues? Let us posit that Derrida had a substantial, perhaps an inordinate amount of things to say about mothers in general, about surrogate mothers too, and about his own mother in particular. Derrida did confess having taken the side of his mother. Yet, what I really want to ask is whether, from Plato to Nancy and, more obviously, from Rousseau to Freud and beyond, mothers (...) can, in fact, be confined to bounded registers of life, of Derrida’s life and, more formally, to the biographical and autobiographical (as ‘Circumfession’ and before it Spurs and The Ear of the Other might suggest). Or even to the psychoanalytical (as The Post Card and, in it, the famous fort/da scene would certainly indicate). A concern — shall I already call it a solicitude — for mothers, on Derrida’s part, might raise a distinct set of questions. (shrink)

As a continuation of the work of the third author in [5], we make further observations on the features of Galois cohomology in the general model theoretic context. We make explicit the connection between forms of definable groups and first cohomology sets with coefficients in a suitable automorphism group. We then use a method of twisting cohomology (inspired by Serre’s algebraic twisting) to describe arbitrary fibres in cohomology sequences—yielding a useful “finiteness” result on cohomology sets. Applied to the special case (...) of differential fields and Kolchin’s constrained cohomology, we complete results from [3] by proving that the first constrained cohomology set of a differential algebraic group over a bounded, differentially large, field is countable. (shrink)

This study explores the effects of two different kinds of text addressed to young Italian students, which convey past in-group war-crimes either in a detailed or in an evasive way. After completing a first questionnaire (and confirming the social amnesia on these crimes) a sample of Italian university students (number: 103; average age: 21.79) read two versions (factual vs. evasive) of a same historical text on Italian invasion of Ethiopia (1935–36). The results show that participants reading a detailed text feel (...) react more emotionally and feel more involved. However, the more negative reactions linked to the detailed text were also associated to a stronger will to repair intergroup relations with the descendents of ancient victims of the in-group crimes. Positive consequences of negative emotions linked to detailed text that challenge a widespread collective amnesia of war crimes are discussed. (shrink)

Excerpt from Les Etapes de la Philosophie Mathematique Nous voudrions indiquer maintenant comment notre enquete historique nous a guide vers les conclusions que nous avons soutenues dans les dernieres pages de notre travail. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the (...) aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

From Oedipus to Moses and beyond, Freud's last book has been read with singular obstinacy as addressing a Jewish (or anti-Semitic) question, or as renewing a religious (or antireligious) agenda. Between Athens and Jerusalem, from Judaism to a more general “monotheistic religion,” and from Oedipus (the son) to Moses (the father), scholars have explored or refuted numerous traces the primal murder left and many among the founding fathers, the substitutes to which it gave rise. Yet it is easy to see (...) that the reception of Freud has been fairly consistent in skipping over not so much the general religious (monotheistic, or even civilizational and universal) import of Freud's work, but rather the exorbitant centrality in it of Jesus Christ, the acutely singular question of Christianity and its founder. (shrink)

Marx reminded us that the critique of political economy is also the critique of religion, that economy is religion. Thus, a critique of religion that would not attend to economy, or let it continue to expand its dominion – what passes for “secularism” today – would fail to reach its aims. “One might just as well abolish the Pope while leaving Catholicism in existence.”Money is religion, then, and economic theology is the history of religion as political economy. More precisely, and (...) because Christianity is evidently not just any religion but rather conceals itself under that general term, economic theology is primarily the history of what Jacques Derrida has called mondialatinisation. It is the history of a concealed trinity: the translation, transubstantiation, and transvaluation, whereby Christianity became, in fact, “religion,” blood became money, and money – faith and works, paceWeber – became what it is all about. (shrink)

What’s in a name after Derrida? What’s in a name after all? What is a name such that it always already remains, after all is said and done? And who or what is itthat one calls name, names, or by name? Is it possible (for anyone or anything) not to have a name of one’s own? Or to have another? The same as another? Is it possible to call and recall, in the name of memory and remembrance, indifference or convention, (...) one name for another, one name for the other? Can the name be, as it were, avoided? Could anyone respond responsibly yet decline or resist, not so much that (or because) names wound, nor to protect oneself from being called names, but instead neither to call nor respond to the name, as it were, to the very same name one is called? To protest against the name, to refuse the name to the point of abandoning this and that name? To invent oneself beyond the name, beyond all names, in the name of the name? “For in order to live oneself truly,” Derrida writes, “it is necessary to elude the law of the name, the familial law made for survival and constantly recalling me to death.” What is called naming? One could say that the name is, to life, at once insult and injury. Or that calling names—mourning. (shrink)

According to the BD-model of mindreading, we primarily understand others in terms of beliefs and desires. In this article we review a number of objections against explicit versions of the BD-model, and discuss the prospects of using its implicit counterpart as an explanatory model of early emerging socio-cognitive abilities. Focusing on recent findings on so-called ‘implicit’ false belief understanding, we put forward a number of considerations against the adoption of an implicit BD-model. Finally, we explore a different way to make (...) sense of implicit false belief understanding in terms of keeping track of affordances. (shrink)

An important question in the debate regarding the nature of politically significant human kinds, such as gender, race, and sexual orientations, is concerned with the question of whether these human kinds are socially constructed (Stein 1999; Root 2000; Haslanger 2012; and Ásta 2013). In order to settle this debate, a more fundamental question needs to be answered: what does it mean to say that a category is socially constructed? -/- Recently, many philosophers have become interested in this issue (Hacking 1999; (...) Stein 1999; Haslanger 2003; Mallon 2007; Diaz-Leon 2015; Ásta 2015). They all seem to agree that there is not a single notion of social construction, but rather, there are different notions of social construction for different purposes. The important question in order to formulate a useful notion of social construction, then, is which project is at issue, and which notion of social construction is more useful for the purposes of that project. In this chapter I will focus on two projects that social constructivists are often interested in, namely, (i) the project of arguing against the inevitability of a trait, that is, to show that those features are not determined by human nature; and (ii) the project of arguing against the universality of a trait, that is, to show that a certain human category or kind is not a universal, transcultural, culture-independent property and that it cannot be applied to other cultures, places, and times; and I will discuss which notion of social construction is more useful with respect to each project. -/- My main questions, then, will be the following: (a) Is there any notion of social construction that entails that if X is socially constructed, then X is not inevitable, that is, X is not determined by human nature? (b) Is there any notion of social construction that entails that if X is socially constructed, then X is not transcultural or universal? (shrink)

v. 1. Testo italiano, note, documenti -- v. 2. Versão portuguesa, bibliografia.

Telic monism in logic is the thesis that there is one single philosophically primary goal to logic. A different way to put it is that there is only one canonical application to logic. This thesis is widely present—implicitly or more explicitly—in the literature on the philosophy of logic, yet has not been examined nor argued for extensively. In this paper I will present and critically examine telic monism. One prominent candidate for the canonical application of logic, namely the formal codification (...) of logical consequence in natural language, will be challenged directly. The critique will then be generalized by appealing to a practice-based philosophy of logic. The general argument I put forth here claims that we have no principled reason to assume there to be just one primary goal to logic. Rather, I claim that it is more plausible that there actually is a variety of goals, purposes and applications to logic, without one of them enjoying primacy over the others. If this argument succeeds, at least one of the consequences is that it allows for a kind of logical pluralism that has previously been deemed insignificant, namely logical instrumentalism. (shrink)

Deictic (or pointing) gestures are traditionally known to have a simple function: to supply something as the referent of a demonstrative linguistic expression. I argue that deixis can have a more complex function. A deictic gesture can be used to _say something_ in conversation and can thereby become a full discourse move in its own right. To capture this phenomenon, which I call _rich demonstration_, I present an update semantics on which deictic gestures can indicate situations from a conversation’s context (...) and those situations coherently connect to prior discourse to generate information. (shrink)

Professor Pompa's study of Vico has done a great deal to stimulate and inform the growing interest in the English-speaking world in this remarkable figure. It remains the only work devoted almost exclusively to an interpretation of the New Science and offers a comprehensive guide to the main theoretical problems to which the text gives rise. For this second edition Professor Pompa has responded to the reactions of reviewers and critics and added a new chapter which analyses Vico's conception of (...) the principles which govern the development of law. (shrink)