According to Kelsen, law is a sensecontent and law has authority. The combination ofthese two claims appears puzzling. How is it possiblefor a sense content to have authority? Kelsen's notionof `basic norm' seems to provide an answer to thisquestion. Such an answer, however, simply leads to anew formulation of the question itself. How is a basicnorm possible? Kelsen's multiple and tentative answersto this question turn out to be untenable. A differentstarting point might be provided by Kelsen's notion of`social power'. On (...) closer scrutiny, however, anempowerment account of Kelsen's concept of theauthority of law proves unsatisfactory. Thus, ourreview of some candidate models for a Kelsenianexplication of the authority of law shows that none ofthem is a viable hypothesis. Kelsen's concept of theauthority of law is, at bottom, unintelligible. (shrink)

According to Kelsen, law is a sense content and law has authority. The combination of these two claims appears puzzling. How is it possible for a sense content to have authority? Kelsen's notion of `basic norm' seems to provide an answer to this question. Such an answer, however, simply leads to a new formulation of the question itself. How is a basic norm possible? Kelsen's multiple and tentative answers to this question turn out to be untenable. A different starting point (...) might be provided by Kelsen's notion of `social power'. On closer scrutiny, however, an empowerment account of Kelsen's concept of the authority of law proves unsatisfactory. Thus, our review of some candidate models for a Kelsenian explication of the authority of law shows that none of them is a viable hypothesis. Kelsen's concept of the authority of law is, at bottom, unintelligible. (shrink)

In this paper I argue that there exist conventions of a peculiar sort which are neither norms nor regularities of behaviour, partaking of both. I proceed as follows. After a brief analysis of the meaning of ‘convention’, I give some examples of the kind of phenomena I have in mind: bodily skills, know-how, taste and style, habitus, “disciplines”. Then I group some arguments supporting my claim: considerations about the identity conditions of precedents and about the projectibility of predicates in inductive (...) inference generally ; thoughts about rule-following ; an examination of some of J. R. Searle’s ideas about the “Background” of intentionality. I conclude with some remarks about the time-honoured antithesis ‘nature’ v. ‘convention’.  The Italian original of this text was published in: Ragion Pratica 2: 605–632. (shrink)

J. R. Searle’s general theory of social and institutional reality, as deployed in some of his recent work (The Construction of Social Reality, 1995; Social Ontology and the Philosophy of Society, 1998}, raises many deep and interesting problems. Four issues are taken up here: (1) Searle’s claim to the effect that collective intentionality is a primitive, irreducible form of intentionality; (2) his account of one of the most puzzling features of institutional concepts, their having a self-referential component; (3) the question (...) as to the point, or points, of having institutions; (4) Searle's claim to the effect that false beliefs on the part of the members of the relevant community are compatible with the existence of related institutional facts. It is argued that, under all four respects, Searle's theory proves to be hardly satisfactory. (shrink)

Our aim is to provide an account of constitutive rules in terms of (1) the acceptance of regulative norms, and (2) a cognitive process we call “symbolization” (in an altogether different sense from what J. R. Searle means by this word). We claim, first, that institutional facts à la Searle boil down to facts concerning the collective acceptance of regulative norms in a given community. This, however, does not exhaust what institutional facts are. There is a residue, symbolization. Symbolization, as (...) we understand it, involves a transfer of cognitive models from one domain to another. We introduce this notion by exploring different sorts of games, taking our cue from games of pretend play. In the context of this exploration, we introduce the idea of the significance—a matter of degree—of symbolization for a given institutional concept. In particular, we claim, symbolization may play, vis‐à‐vis a given institutional concept, a properly constitutive or a merely auxiliary role. We further argue that, in most legal concepts as conceived in our legal culture, symbolization plays a merely auxiliary role. A possible exception is the concept of political representation, at least on some understandings of it. (shrink)

In “Pre-conventions: A fragment of the Background”, Bruno Celano argues for the existence and philosophical significance of what he calls “pre-conventions” – a type of convention distinct from those hitherto discussed in the literature, and which transcends a number of orthodox philosophical distinctions. In these comments, I suggest that Celano may have shown that there is a distinct type of convention governing judgments of style or taste. If so, we may learn some important lessons by examining this (...) new type of convention. However, I express doubts about whether the broader ambitions of Celano’s paper are fulfilled. I contend that pre-conventions are not as common as he suggests, and are not present in some of the other examples he gives. I also express doubts about whether he is right to suggest that there is a distinct type of convention that renders possible the development of conventions of the sort which David Lewis was interested in. (shrink)

In his essay “Pre-Conventions: A Fragment of the Background”, Bruno Celano seems to endorse three claims about what he calls ‘pre-conventions’: that such ‘entities’ exist; that they are neither rules nor de facto regularities; and that their ‘character’ is at once factual and normative: that pre-conventions are “literally, ‘normative facts’.” I suggest that and are not particularly striking claims, and that Celano’s case for is unpersuasive.

In these brief comments on Bruno Celano’s “Pre-conventions. A Fragment of the Background”, I propose further thoughts on what, following Celano’s analysis, I call embodied conventions. I begin with a number of remarks on Celano’s philosophical method. Then I claim, first, that the social dimension of conventionality remains obscure in his account of embodied conventions, and, second, that his account of pre-conventions is still imprecise due to the ambiguity of the notion of the Background.

The paper offers a comparison between the legal theory of normative facts on the one hand, and Bruno Celano’s theory of pre-conventions on the other, suggesting two ways that the latter may be of use to well-meaning jurists.

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates the (...) applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays. (shrink)

If a problem is the collision between a system and a fact, Spinozism and German idealism’s greatest problem is the corpse. Life’s end is problematic for the denial of death’s qualitative difference from life and the affirmation of nature’s infinite purposiveness. In particular, German idealism exemplifies immortalism – the view that life is the unconditioned condition of all experience, including death. If idealism cannot explain the corpse, death is not grounded on life, which invites mortalism – the view that death (...) is the unconditioned condition of experience. In “Philosophical Letters,” Schelling critiques idealism, arguing that death symbolizes the regulative ideal of a philosophical system’s derivation, our striving for which unifies our rational activity. I interpret Schelling’s critique as explaining how death puts philosophy into question, an idea he develops in the Freedom essay and Berlin lectures. Death is not a problem to be solved by a system, but represents philosophy’s highest yet unrealizable end. (shrink)

In recent years, some theorists have argued that the clogics are not only defined by their inferences, but also by their metainferences. In this sense, logics that coincide in their inferences, but not in their metainferences were considered to be different. In this vein, some metainferential logics have been developed, as logics with metainferences of any level, built as hierarchies over known logics, such as \, and \. What is distinctive of these metainferential logics is that they are mixed, i.e. (...) the standard for the premises and the conclusion is not necessarily the same. However, so far, all of these systems have been presented following a semantical standpoint, in terms of valuations based on the Strong Kleene truth-tables. In this article, we provide sound and complete sequent-calculi for the valid inferences and the invalid inferences of the logics \ and \, and introduce an algorithm that allows obtaining sound and complete sequent-calculi for the global validities and the global invalidities of any metainferential logic of any level. (shrink)

The term “race,” and the concept it refers to, namely genetically different human populations in the world, is one of the most intellectually and emotionally charged in society, and in science as well. This article focuses on how human beings recognize individual faces of their own versus another “racial group,” and the term “face race” is used in the context of visual recognition, as traditionally done in the scientific literature. The article reviews the well-known phenomenon that people have greater difficulty (...) distinguishing and recognizing individual faces from a different human population, or “race,” than their own. Experience-based holistic accounts encompass and extend most other proposals, such as a more densely clustered organization of other-race faces in an internal face-space centered on a “norm,” and it leads to a number of interesting predictions about the processing of same race and other-race faces. (shrink)

_Badiou and Politics_ offers a much-anticipated interpretation of the work of the influential French philosopher Alain Badiou. Countering ideas of the philosopher as a dogmatic, absolutist, or even mystical thinker enthralled by the force of the event as a radical break, Bruno Bosteels reveals Badiou’s deep and ongoing investment in the dialectic. Bosteels draws on all of Badiou’s writings, from the philosopher’s student days in the 1960s to the present, as well as on Badiou’s exchanges with other thinkers, from (...) his avowed “masters” Louis Althusser and Jacques Lacan, to interlocutors including Gilles Deleuze, Slavoj Žižek, Daniel Bensaïd, Jacques Derrida, Ernesto Laclau, and Judith Butler. Bosteels tracks the philosopher’s political activities from the events of May 1968 through his embrace of Maoism and the work he has done since the 1980s, helping to mobilize France’s illegal immigrants or _sans-papiers_. Ultimately, Bosteels argues for understanding Badiou’s thought as a revival of dialectical materialism, and he illuminates the philosopher’s understanding of the task of theory: to define a conceptual space for thinking emancipatory politics in the present. (shrink)

Given the replication crisis in cognitive science, it is important to consider what researchers need to do in order to report results that are reliable. We consider three changes in current practice that have the potential to deliver more realistic and robust claims. First, the planned experiment should be divided into two stages, an exploratory stage and a confirmatory stage. This clear separation allows the researcher to check whether any results found in the exploratory stage are robust. The second change (...) is to carry out adequately powered studies. We show that this is imperative if we want to obtain realistic estimates of effects in psycholinguistics. The third change is to use Bayesian data-analytic methods rather than frequentist ones; the Bayesian framework allows us to focus on the best estimates we can obtain of the effect, rather than rejecting a strawman null. As a case study, we investigate number interference effects in German. Number feature interference is predicted by cue-based retrieval models of sentence processing, but it has shown inconsistent results. We show that by implementing the three changes mentioned, suggestive evidence emerges that is consistent with the predicted number interference effects. (shrink)

Republicanism is a powerful resource for emancipatory struggles against domination. Its commitment to popular sovereignty subverts justifications of authority, locating power in the hands of the citizenry who hold the capacity to create, transform, and maintain their political institutions. Republicanism's conception of freedom rejects social, political, and economic structures subordinating citizens to any uncontrolled power - from capitalism and wage-labour to patriarchy and imperialism. It views any such domination as inimical to republican freedom. Moreover, it combines a revolutionary commitment to (...) overturning despotic and tyrannical regimes with the creation of political and economic institutions that realise the sovereignty of all citizens, institutions that are resilient to threats of oligarchical control. This volume is dedicated to retrieving and developing this radical potential, challenging the more conventional moderate conceptions of republicanism. It brings together scholars at the forefront of tracing this radical heritage of the republican tradition, and developing arguments, texts, and practices into a critical and emancipatory body of political and social thought. The volume spans historical discussions of the English Levellers, French and Ottoman revolutionaries, and American abolitionists and trade unionists; explorations of the radical republican aspects of the thought of Machiavelli, Marx, and Rousseau; and theoretical examinations of social domination and popular constitutionalism. It will appeal to political theorists, historians of political thought, and political activists interested in how republicanism provides a robust and successful radical transformation to existing social and political orders. (shrink)

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils this condition. Consequently, (...) in these cases, anarchist groups and societies and not the state have legitimate authority. When anarchism is not an existing alternative to the state, the state will, under Raz’s theory, have some legitimate authority, but that authority will be limited because anarchism remains a better possible alternative to the state. To support the political anarchist claim I discuss the anarchist collectives during the Spanish civil war, which I argue are an example of anarchism as an existing alternative to the state that better fulfils Raz’s service conception and also provide suggestive evidence that anarchism is in general a better possible alternative. I also discuss the relationship between political anarchism and authority and I argue that despite some tension they are not irreconcilable. I conclude that the interesting anarchist challenge for political theorists is political not philosophical. (shrink)

It is commonly held that nature is knowable in itself and that death has no explanatory priority in knowing nature. I reject both claims as they undermine an account of the unity of human life, failing, respectively, to thematize the limitations of finite understanding and to acknowledge what’s most certain about finite existence. I use Kant’s idea of the thing in itself and Heidegger’s idea of death to solve two structurally analogous antinomies these failures leave intact. I conclude that to (...) think these ideas is to represent the telos that unifies our living as, respectively, finite knowers and finite beings. (shrink)

Political enunciation remains an enigma as long as it is considered from the standpoint of information transfer. It remains as unintelligible as religious talk. The paper explores the specificty of this regime and especially the strange link it has with the canonical definition of enunciation in linguistics and semiotics. The ‘political circle’ is reconstituted and thus also the reasons why a ‘transparent’ or ‘rational'political speech act destroys the very conditions of group formation.

Poznanski's Mabo' 'al 'ofen ketibat ha-Qara'im 'et dibrey yemehem remains, despite its flaws, the only essay expressly devoted to Karaite historiography. al-Qirqisani's Kitab al-an war wal-maraqib is an historical piece of work viewed, by personal choice or owing to his own cultural development or under the historical circumstances, through theological glasses. al-Qirqisani was writing for the benefit of his own co-religionists in order to strengthen their faith. However limited his historical perspective may appear, it resolves into a public appreciation of (...) the author's party, which is founded on a recovery of the past, and which aimed to strengthen the Selbstverstandnis of a Jewish minority. It would be difficult to describe such an approach otherwise than as an attempt to historicize the past. The Kitab al-anwar appears not only as a document of the literary history of Karaism, but as an original reading of the history of Judaism, the differentiation between secular and religious being only ours. (shrink)

At Catullus 63.5, OGR read:deuoluit iletas acuto sibi pondere silices. The gist of this (‘he rolled down from (?) himself flints with sharp mass’) is improbable, and in particular the formiletasis a non-existent word and two syllables too long for the metre.

Human beings under some conditions tend to systematically overestimate their possibilities, under others to underestimate what is possible for them. This behaviour can be explained by differentiating between an ipsative possibility set (which includes what individuals consider relevant for themselves) and on objective one. These two possibility sets do not necessarily coincide. The difference may firstly be due to psychologicol processes as well as factors such as tradition and ideology. The difference may secondly be strategically designed by the individuals themselves (...) knowing that they otherwise reach less utility. The approach stresses that it is essential to determine the possibility sets within which individuals rationally decide between alternatives. (shrink)

When formulating the concept of the impulse-image, Deleuze never tires of asserting that these images are saturated with death and obsessed by degradation. They stand at a curious intersection in the taxonomy of images, a constitutively in-between space: they are formally inserted between affection-image and action-image in The Movement-Image, but produce a direct passage to the time-image. However, they do not reach the time-image due to obsession by the negative effects of time. This article introduces the concept of the impulse-image (...) in Deleuze's work on the impulse and death instinct, in his fundamental texts of the 1960s and 1970s, including his collaboration with Félix Guattari. The death instinct in the late 1960s was a transcendental principle that acquired the form of the groundless or crack-up essential for the production of difference. It is at this time that Deleuze publishes Zola and the Crack-up, an embryonic essay for what would later become the impulse-image. In the 1970s, Deleuze, along with Guattari, fought the need to include a groundless force in the mould of the death instinct. Speaking of cinema in the 1980s, which is when he returns to the impulse theme, one finds characteristics of both preceding periods, especially the structure conceived in the 1960s, associated with the criticism of the 1970s. However, Deleuze now stands apart, recognising a naturalistic image and admiring a practice of symptomatology, but pointing out that his own understanding of the world does not lie in it. With the impulse-images, Deleuze also plays a relevant role in studies of film naturalism, shaping a powerful concept for studies of contemporary naturalistic symptomatologies that emerge in situations of misery of civilisation. (shrink)