In this paper I attempt to bring together (at least) two very different debates: one on justice, mercy and particularity, the other on the play of exclusionary reasons. My aim is to show how the discussion of the uneasy co-existence of justice and mercy pivots on the question of particularity. And, secondly, that the debate on exclusionary reasons can show us why law may fail to do justice in this context.

The introduction looks at the constitutional situation in Chile since the demand for a new Constitution erupted in demonstrations all across the country, and argues that the notion of ‘constitutional moment’ is inadequate to capture the radicality of the popular mobilisation that is sweeping the country as a pure expression of constituent power.

Critical theory encapsulates the many connections between theory and praxis. This Research Handbook addresses the broad range of these connections in relation to legal thought. Featuring contributions from leading scholars of law and critical theory, the Handbook confronts the logic of the institutional with its specific challenges right across the broad field of legal thought. The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North American trajectories. Thematic (...) connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various 'turns' (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation. This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field. (shrink)

From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author (...) redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically. (shrink)

This book offers a series of original essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past.

In this paper I take issue with and argue against a certain subordination of the political to the legal that, I argue, is advanced under theories or ‘republican constitutionalism’ and undertake a defense of the political as ‘reflexive’. In republican constitutionalism one discerns an ‘imperialistic’ legal move to set the terms of political discourse, as political conflicts in order to be legally resolved are forced to meet criteria of legal relevance: in the process much that is vital to political action, (...) its understanding and undertaking, is suppressed, elided or appropriated. I argue against the purported ‘containment’ of politics in law and for a ‘reflexivity’ that is constitutive of politics, re-introducing contingency and selfreference (‘what is political can only be a political question’) at the heart of what it means to act politically. (shrink)

The Quest for a Constitutional Perspective: A review of Poul F Kjaer, Gunther Teubner and Alberto Febbrajo (eds), The Financial Crisis in Constitutional Perspective: The Dark Side of Functional Differentiation.

This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving students and the (...) subject adrift. It picks up mid-range concepts such as rights, sovereignty, and adjudication and charts their interrelation and uses in law and legal theory. The approach taken to the subject is an interdisciplinary one, and involves making linkages with contemporary issues in political and social theory, such as the changing role of the state, forms of dispute resolution and the courts. It also addresses topics not normally covered, or covered only indirectly in other jurisprudence textbooks, such as globalisation and legal culture. Its coverage is therefore broad and links legal, political, philosophical, and social analysis. (shrink)

In this paper I attempt to bring together (at least) two very different debates: one on justice, mercy and particularity, the other on the play of exclusionary reasons. My aim is to show how the discussion of the uneasy co-existence of justice and mercy pivots on the question of particularity. And, secondly, that the debate on exclusionary reasons can show us why law may fail to do justice in this context.

Emilios Christodoulidis’ The Redress of Law: Globalisation, Constitutionalism and Market Capture is a rare work in its magnitude and ambition. More than on an argument, the book centres on an impas...

This paper considers Roberto Unger's views on legal reasoning. His account is defended against two misplaced attacks. The first critique is by Emilios Christodoulidis. Using the language of systems theory, Christodoulidis contends that Unger's programme of democratic experimentalism cannot be achieved through law, as the constitutive structure of the legal system is immune to politics. Christodoulidis accuses Unger of attempting to reduce law to politics. It will be argued, however, that Unger does no such thing. The (...) second attack holds that Unger's criticisms of objectivism apply to his own democratic vision and that, as a result, he cannot promote this vision without self-contradiction. Again, it will be argued that this criticism rests on a misunderstanding of Unger's views. The paper concludes with a tentative objection to the substantive proposals of Unger's work, suggesting that they ought to be replaced by a pluralist account of value. (shrink)

Providing the first English translation of Análisis del ser del mexicano, this book features a full biography of Uranga, a detailed overview of the translated text, and discussion of Uranga's relevance to contemporary debates in the phenomenology of culture, the philosophy of liberation, Latin American philosophy and phenomenology itself. Reading Uranga's brilliant words expertly translated and introduced by Carlos Alberto Sánchez finally allows us to understand why this Mexican philosopher is considered one of the most fearless and original thinkers of (...) the 20th century. (shrink)

The act of iudicare hostes (‘declare public enemy’) was a formal pronouncement of the Roman Senate, voted for the first time in 88 BCE following a proposal by L. Cornelius Sulla after his first march on Rome. Legal historians have generally interpreted it as an emergency measure intended to preserve legality in a situation of civil strife and viewed it as a consistently defined institutional framework throughout the final decades of the Republic. Through an analysis of Sulla’s performative political communication, (...) before, during and in the immediate aftermath of the march, this paper argues that the act of judging (iudicare) someone a public enemy (hostis publicus) was first deployed as a political action, void of legal effects. Later instances of iudicare suggest that this act underwent a process of institutionalization after 63 BCE. (shrink)

Includes articles about Origen, Thomas Aquinas, Hegel, Schleiermacher, Blondel, Teilhard de Chardin, Barth, Heidegger, Gadamer, postmodernism.

To think a Deleuzian politics requires to understand the philosophical markleft in his work by Spinoza. Both philosophers’ paths crisscross in their problems, questions and consequences. In this paper three concepts will be put in relation: critique, right and crowd. The aim is to elucidate how man can open new ways of political experience from the conjunction of two philosophies articulated upon a common ground: immanence and life.

The anticipation of the typical under the assumption of the non-occurrence of the atypical is the experiential schema governing the individuation of ordinary enduring objects and their properties. Against this background, a primitive form of “if-and-only-if” consciousness is implicit in our everyday perceptual intentions. The thematization of the fact that perception operates under this proto-tentative structure occurs at the level of reflection and is expressed by defeasible judgments of the form “if p, then q, unless r,” or “if p, then (...) q provided that not-r”. Here I will argue that what is made thematic by judgments containing such restrictive clauses is the structure of unpredictability inherent in what Husserl calls the horizon of latency and, indirectly, the world as background of normality. (shrink)

Information entities are used in ontologies to represent engineering technical specifications, health records, pictures or librarian data about, e.g., narrative fictions, among others. The literature in applied ontology lacks a comparison of the state of the art, and foundational questions on the nature of information entities remain open for research. The purpose of the paper is twofold. First, to compare existing ontologies with both each other and theories proposed in philosophy, semiotics, librarianship, and literary studies in order to understand how (...) the ontologies conceive and model information entities. Second, to discuss some open research challenges that can lead to principled approaches for the treatment of information entities, possibly by getting into account the variety of information entity types found in the literature. (shrink)

The family of discounted Shapley values is analyzed for cooperative games in coalitional form. We consider the bargaining protocol of the alternating random proposer introduced in Hart and Mas-Colell. We demonstrate that the discounted Shapley values arise as the expected payoffs associated with the bargaining equilibria when a time discount factor is considered. In a second model, we replace the time cost with the probability that the game ends without agreements. This model also implements these values in transferable utility games, (...) moreover, the model implements the α\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\alpha $$\end{document}-consistent values in the nontransferable utility setting. (shrink)

This special issue of Science and Engineering Ethics is devoted to the ethical, societal and political implications of new and emerging technologies in the area of Human Security. Its aim is to address the wider implications of an altered security landscape. Specifically, and in accordance with SEE’s main area of interest, contributions to this special issue focus on those ethical considerations warranted by scientific and technological advances in the field of human security. This includes, but is not restricted to, issues (...) of privacy and data protection, control, trust, surveillance, authority, and freedom. Papers consider some of the ethical and societal challenges related to new and emerging technologies in the context of the Human Security Doctrine (HSD), as it has been initially formulated by the United Nations Commission on Human Security (UNCHS 2003). The HSD argues for a paradigm shift from understanding security based on tangible assets (e.g., national borders, goo .. (shrink)

The topic of the present reflection is Christian religious belief. Specifically, we will use Husserlian tools in order to examine the positional nature of this particular type of belief. We will be less interested in the question concerning the success conditions of this experience and more in its noetic structure. According to our proposal, to believe by faith supposes (although it is not exhausted by) accepting the existence of mundane evidence speaking against this fundamental belief. The believer acknowledges the existence (...) of this contradicting en-doxical basis and nevertheless believes what she believes. We will refer to this simultaneous movement of accepting and cancelling as the concessive structure of the religious attitude. The para-doxical movement of experiencing conflicting evidence as being subjectively ineffective is a key component of this attitude. At least some inchoative conflict with the world is required in order for the religious belief to be religious. Lastly, we will try to show that, with a distinctive terminology, the idea that the Christian religious attitude involves a conflict between subjectivity and world is present not only in Kierkegaard but also in phenomenological figures like Scheler and even Husserl. (shrink)

La noción de emergencia acompaña a la Filosofía de la Biología desde finales del siglo XIX, afirmando que las propiedades de los sistemas biológicos no pueden deducirse de las de sus componentes. A lo largo del siglo XX las caracterizaciones de este concepto se han apoyado en cuatro pilares, impredecibilidad, novedad, restricción y causación descendente, pilares ligados a la asunción de una jerarquización de la realidad en niveles de organización. En este trabajo intento demostrar que puede explicarse la naturaleza de (...) las propiedades biológicas sin hacer referencia a la emergencia utilizando como herramienta la noción de cuasi-descomponibilidad propuesta originariamente por Herbert Simon. (shrink)

What are the Early Memoranda?1 When were they written? What are their sources? What is their purpose and their relation to Hume's works? These questions, usually addressed separately, are in fact tightly interwoven: they require an articulated response that embraces them all. Our response could be summarised as follows: far from being current reading notes, or even less the exhaustive diary of Hume's intellectual experience, the Early Memoranda are most likely second-tier texts, or—as James Harris recently conjectured—"notes taken from notes."2 (...) More generally, the Memoranda, with some possible exceptions, are the result of a selection between those "loose bits of paper" and "uncorrect thoughts"3 which Hume began to... (shrink)

La obra literaria de santa Rosa de Lima se reduce a unos versos registrados en el Primer Proceso Ordinario de la jerarquía peruana y a dos medios pliegos holográficos, conservados en el convento de Santa Rosa de las Madres, de Lima. Basándose en estos datos y ahondando en el testimonio de las conclusiones obtenidas por el Dr. Juan del Castillo, tras el examen de conciencia de 1614 realizado a la Santa, el autor realiza una semblanza de la primera escritora místico-visionaria (...) de la América del virreinato. (shrink)