The paper seeks to contribute to the transitional justice literature by overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating transitions should be acknowledged as markers of a sense of justice. As such, they can help the reproduction of democracy. However, (...) their public expression must be institutionally filtered through democratic norms. The consistent institutional instantiation of equal respect can educate and recuperate negative emotions for democracy. (shrink)
This paper aims to offer an account of state apologies that discloses their potential function as catalysing political acts within broader processes of democratic change. While lots of ink has been spilled on analysing the relationship between apologies and processes of recognising the victims and their descendants, more needs to be said about how apologies can challenge the presence of self-congratulatory, distorted visions of history within the public sphere of liberal democracies. My account will be delineated through a critical engagement (...) with one very frequent objection to public apologies, namely that they unnecessarily taint the self-image of the community. Insights from the philosophy of judgment will be used to show how, in the form of an exemplary judgment, an official “sorry” can inspire societal reflection about an unsavoury past. (shrink)
This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions within (...) ordinary criminal proceedings. Second, I examine work done on the use of criminal trials under the emotionally stressful circumstances of post-conflict societies. In the conclusion I sketch a theoretical proposal for moving the discussion forward. (shrink)
The paper seeks to analyse how two domestic courts decided criminal trials under circumstances of emotional mobilisation and political stress. Decisions from Argentina after 1983 and Romania after Ceausescu’s dictatorship illustrate how citizens’ affects influence courts’ choices within penal cases. Both cases show how the judiciary had to enter a dialogue with resentful and indignant claims for redress. However, while the Argentinean court filtered emotions through the strainer of equal respect and thus pushed the cause of democratic justice ahead, the (...) Romanian case serves as a cautionary tale about how not to correct injustices through criminal law. These two cases provide us with important lessons about the obstacles, but also the opportunities associated with public emotions during periods of radical political transformation. (shrink)
This article seeks to examine the ways in which courts of constitutional review have tried to deal with public sentiments within societies emerging from large-scale oppression and conflict. A comparative analysis of judicial review decisions from post-communist Hungary, post-apartheid South Africa and post-dictatorial Argentina is meant to show-case how judges have, more or less successfully, recognised and pedagogically engaged social negative feelings of resentment and indignation towards former victimisers and beneficiaries of violence. Thus, the article hopes to pave the way (...) for more in-depth research on one of the most neglected dimensions of post-conflict societies: public affect. (shrink)
This paper seeks to contribute to the field of transitional justice by adding new insights about the role that trials of victimizers can play within democratization processes. The main argument is that criminal proceedings affirming the value of equal respect and concern for both victims and abusers can contribute to the socialization of citizens’ politically relevant emotions. More precisely, using law constructively to engage public resentment and indignation can be successful to the extent that legality is not sacrificed. In order (...) to locate this argument within the rich literature on the pedagogical functions of transitional trials this paper enters a dialogue with three emblematic texts. Lawrence Douglas’s narrative jurisprudence approach, Judith Shklar’s critique of the limits of legalism, and Marc Osiel’s interest in ‘discursive solidarity’ represent starting points for a more complex conceptualization of the relationship between democracy, law and emotional education within transformational periods. (shrink)
The popularity of Deleuze and Guattari is an undeniable precedent in current theoretical exchanges, and it could be stated without much contention that one's theoretical positioning must at some point deal with the salient conceptual offerings of Deleuze and Guattari, especially their double-opus, Anti-Oedipus and A Thousand Plateaus wherein a wealth of critique abounds. However, the significant trends concerning Deleuze and Guattari ‘scholarship’ may be jeopardised by the (ab)use of certain conceptual themes and methods in their work that are distorted (...) and employed by big business looking to secure their legacies of power by means of a control mechanism that looks to subjugate an entire world by means of (to borrow a term from MihaiSpariosu) ‘globalitarianism’. Our aim here will be to use McDonald's Corporation as an example of how the theoretical offerings of Deleuze and Guattari have been indirectly and hastily deployed for corporate ends, how these attempts are counter-Deleuzian, and to answer at least one of Žižek's criticisms against Deleuze. (shrink)
This book is about the epistemologically different worlds (hyperverse) in relationship with the "I", the mind-body problem (Frith, Llinas), Bechtel's mechanisms, Clark's extended mind, Bickle's molecular and cellular cognition, Kauffman's life, quantum mechanics, gravity, hyperspace vs. hyperverse -/- .
Michael Dummett's argument for intuitionism can be criticized for the implicit reliance on the existence of what might be called absolutely undecidable statements. Neil Tennant attacks epistemic optimism, the view that there are no such statements. I expose what seem serious flaws in his attack, and I suggest a way of defending the use of classical logic in arithmetic that circumvents the issue of optimism. I would like to thank an anonymous referee for helpful comments. CiteULike Connotea Del.icio.us What's this?
The actual approaches of Cognitive Science offer a partial explanation of cognition. In this paper, our main point is to catch some key elements from these approaches, that can be taken together in a future perspective for a better explanation of cognition. The key elements (levels of analysis, primitives, processes, structures, threshold,self-organisation, bidirectionality, emergency, habituation, tasks, theinteraction between levels and also the interactions between the elements of the cognitive system and the environment) help us to stress the need of the (...) representations. Then, we arediscussing the following dichotomies: procedural-declarative,consciousness-unconsciousness, implicit-explicit. Finally, we will try to motivate the necessity of an abstract theory of representation in Cognitive Science. ``The sensitive things aren't, but the ideas are''. (shrink)
In the age of ubiquitous technology, humans are reshaped through each transaction they are involved in. AI-driven networks, online games, and multisensory interactive environments make up alternate realities. Within such alternate worlds, users are reshaped as deterministic agents. Technology’s focus on reducing complexity leads to a human being dependent on prediction-driven machines and behaving like them. Meaning and information are disconnected. Existence is reduced to energy processes. The immense gain in efficiency translates as prosperity. Citizens of advanced economies, hurrying in (...) the rhythm of machine-driven interactions, feel entitled to it. Successful at the price of self-awareness, they no longer know what this means. Happiness and prosperity are not consubstantial. Lack of happiness leads to aggression. This is the image of the world as we see it, no longer looking at each other, eye to eye, but screen to screen. The questions eliminated in the process of transferring responsibility from the individual to machines will inevitably become society’s new focus. When the goal is to get everyone to behave like a machine, the Singularity hypothesis becomes self-fulfilling prophecy. If, in addition to having exhausted natural resources, society does not want to end up making the human mind superfluous, it has to seek a better understanding of what makes anticipation possible. As a definitory characteristic of the living, corresponding to its complexity, anticipation can no longer be taken for granted, while every effort is made to reduce complexity for efficiency’s sake. Awareness of the processes conducive to its expression in successful human action will position human beings as masters of their destiny, not slaves of their own making. Antecapere ergo sum might be the counterclaim to Descartes’ Dubito ergo sum . To resist being perfected into oblivion, that is, unsustainable prosperity, means to reclaim the knowledge corresponding to higher levels of complexity. (shrink)
. We develop an abstract proof calculus for logics whose sentences are ‘Horn sentences’ of the form: and prove an institutional generalization of Birkhoff completeness theorem. This result is then applied to the particular cases of Horn clauses logic, the ‘Horn fragment’ of pre- order algebras, order-sorted algebras and partial algebras and their infinitary variants.
In this article, the author recalls the circumstances when he first met Alexandru Dragomir, together with André Scrima and Mihai Şora, with the occasion of a conference on the phenomenology of time at the New Europe College in Bucharest. Then, the author talks about his philosophical relationship with Alexandru Dragomir during the following years, insisting upon the phenomenological debates they had and upon the specific manner of Dragomir’s thinking.
We use a new version of the Definability Theorem of Beth in order to unify classical theorems of Yuri Matiyasevich and Jan Denef in one structural statement. We give similar forms for other important definability results from Arithmetic and Number Theory.
A structure of finite signature is constructed so that: for all existential formulas $\exists ??\varphi (??,??)$ and for all tuples of elements $??$ of the same length as the tuple $??$, one can decide in a quadratic time depending only on the length of the formula, if $\exists ??\varphi (??,??)$ holds in the structure. In other words, the structure satisfies the relativized model-theoretic version of P=NP in the sense of . This is a model-theoretical approach to results of Hemmerling and (...) Gaßner. (shrink)
His philosophical thinking was influenced by his legal knowledge, but when reading carefully his articles and papers we can notice a detachment from the philosophical premises in the development of the concepts of law. Like Del Vecchio, Djuvara makes no difference between law and philosophy and therefore the legal philosophy looks like a completion of law, these two concepts being comprehended only by a general, epistemological and philosophical approach; the issues related to the philosophy of law are not only isolated (...) from the big philosophical issues but there are closely related to them so that the philosophy of lawintegrates completely in the general philosophy. (shrink)
The point of view expressed in the present research is directed towards the ideational “torsion” from rationalism to the “language-games” drawing up an analysis according to which one can notice the rationalist and post-rationalist aspects in the philosophy of communication, and the consequences of these perspectives, which could be of great interest as regards the philosophical concepts related to communication, to man or to the human community. As a matter of fact, “the torsion” is only apparent; it cannot hold a (...) dramatic change of the thinking range, from “rationalism” to “neo-positivism”, as regards the comment on Habermas’ theory of communication, as compared to Wittgenstein’s ideas about “the language-games” as central elements of human communication. Jürgen Habermas manifest a specific turn in his way of thinking, aiming at the contemporary modulation of the rationalist approach by means of inter-subjectivism orhumanism, and stressing the modulation of the logical approach, by means of “language-games” and “life-forms.”. (shrink)