This paper discusses the role of Law and Legal Thinking in Critical Theory with specific reference to the arguments that Michael Hardt and Antonio Negri offer in their book Commonwealth. The core idea is that Critical Theory is no less radical, but much more concrete, when it is performing not only an external, but also an internal critique of the Law. It shows that the role of the law in critical theory emerges as a problem when the latter claims that (...) ‘there is no outside’ and that ‘the legal base of the system structures our lives.’ It then discusses optimistic and pessimistic strategies to overcome the problem, and argue for a demanding strategy which consist in articulating the external and the internal critique of the law. To make this point, the paper goes back to the epistemic context in which critical attitudes are deployed (the ‘Conflict of the Faculties’), describes the four theoretical moves constitutive of the historical moment in which, at the end of the 18th Century, modern law as we know it was conceived of and founded; and sketches the key moments of the history of the internal critique of the law. It then illustrates the demanding strategy with examples taken from the field of Intellectual Property, and concludes that the Law is malleable and open enough to allow the thinking and practicing of radical alternatives from within the legal system and also that alternatives spoken in the language of the law are no less radical, but certainly, more concrete than others. (shrink)

This paper presents a new view of logical pluralism. This pluralism takes into account how the logical connectives shift, depending on the context in which they occur. Using the Question-Under-Discussion Framework as formulated by Craige Roberts, I identify the contextual factor that is responsible for this shift. I then provide an account of the meanings of the logical connectives which can accommodate this factor. Finally, I suggest that this new pluralism has a certain Carnapian flavour. Questions about the meanings of (...) the connectives or the best logic outside of a specified context are not legitimate questions. (shrink)

O objetivo deste artigo é exibir uma via pela qual a mente humana pode alcançar uma perspectiva eterna da natureza. Espinosa expôs a possibilidade de nossa mente compreender a essência dos corpos sob uma perspectiva eterna, que não está relacionada com a existência atual e presente dos corpos. Neste sentido, pretendo mostrar a importância em direcionarmos nosso entendimento à busca de uma via que supere o ponto de vista da duração, tão fundamental para a realização do verdadeiro conhecimento da Natureza. (...) Conhecimento que exigirá algo mais do que interpretações, significantes e significados. No Tratado Teológico-Político, notamos que nossa mente, só pelo fato de conter em si, objetivamente, “a natureza de Deus e dela participar, tem o poder de formar certas noções que explicam a natureza das coisas”. Se quisermos, realmente, entender a Natureza, precisamos nos considerar de maneira interna, e não externa a ela. Mostraremos que apenas através de uma análise não antropocêntrica dos gêneros do conhecimento de Espinosa podemos vislumbrar a conciliação entre a essência da Substância e a essência do modo e, assim, participar adequadamente da Natureza. “Por fim, vemos também que o raciocínio não é o mais importante em nós, mas somente como uma escada que nos permite nos elevarmos ao lugar almejado”. (shrink)

Complicity as toleration of wrong is deeply rooted in Western language and narratives. It is based on assumptions about the self, our relationship to the world and personal accountability that differ from the Common Law's and moral theology's standard doctrines. How we blame others for tolerating wrong depends upon the moral force of public discourse and upon the meaning of censure as exhortation. Censure as blame is usually retrospective, while censure as exhortation is forward-looking and stresses moral maturity and flourishing.

This book is not only a major twentieth-century contribution to Dostoevsky’s studies, but also one of the most important theories of the novel produced in our century. As a modern reinterpretation of poetics, it bears comparison with Aristotle.“Bakhtin’s statement on the dialogical nature of artistic creation, and his differentiation of this from a history of monological commentary, is profoundly original and illuminating. This is a classic work on Dostoevsky and a statement of importance to critical theory.” Edward Wasiolek“Concentrating on the (...) particular features of ‘Dostoevskian discourse,’ how Dostoevsky structures a hero and a plot, and what it means to write dialogically, Bakhtin concludes with a major theoretical statement on dialogue as a category of language. One of the most important theories of the novel in this century.” The Bloomsbury Review. (shrink)

Logical pluralism is the theory that there is more than one right logic. Logical instrumentalism is the view that a logic is a correct logic if it can be used to fruitfully pursue some deductive inquiry. Logical instrumentalism is a version of logical pluralism, since more than one logic can be used fruitfully. In this paper, I will show that a logical instrumentalist must accept linear logic as a correct logic, since linear logic is useful for studying natural language syntax. (...) I further show that this means that the logical instrumentalist must accept a wide range of connectives, in particular concatenation. I end by explaining why this is a feature rather than a bug. (shrink)

Jc Beall and Greg Restall (Logical Pluralism. Clarendon Press, Oxford, 2006) propose a logical pluralism where the corresponding connectives in each logic mean the same thing. They contrast this with a Carnapian pluralism, where different logics have corresponding connectives which do not share meanings. I will show that due to the manner in which connectives are given their meaning by Beall and Restall, relevant negation and intuitionistic negation cannot mean the same thing. Thus, their pluralism is at least partly Carnapian, (...) as not all the logics involved can have their corresponding connectives share meanings. (shrink)

Susan Stebbing held that Russell’s Doctrine of External Relations was incorrect. Interestingly, she also held that Bradley’s Doctrine of Internal Relations was problematic. In this paper, I’ll explain why she held this position, and develop what I will call the Doctrine of I/E relations, which will explain her middle ground. I start with a brief explanation of Russell’s Logical Atomism and his commitment to the Doctrine of External Relations. Then, to explain the Doctrine of I/E Relations, I take a brief (...) detour through Stebbing’s theory of directional analysis. This will allow us to conclude by presenting the new Doctrine. (shrink)

Is the science of moral cognition usefully modelled on aspects of Universal Grammar? Are human beings born with an innate 'moral grammar' that causes them to analyse human action in terms of its moral structure, with just as little awareness as they analyse human speech in terms of its grammatical structure? Questions like these have been at the forefront of moral psychology ever since John Mikhail revived them in his influential work on the linguistic analogy and its implications for (...) jurisprudence and moral theory. In this seminal book, Mikhail offers a careful and sustained analysis of the moral grammar hypothesis, showing how some of John Rawls' original ideas about the linguistic analogy, together with famous thought experiments like the trolley problem, can be used to improve our understanding of moral and legal judgement. (shrink)

Scientists from various disciplines have begun to focus attention on the psychology and biology of human morality. One research program that has recently gained attention is universal moral grammar (UMG). UMG seeks to describe the nature and origin of moral knowledge by using concepts and models similar to those used in Chomsky's program in linguistics. This approach is thought to provide a fruitful perspective from which to investigate moral competence from computational, ontogenetic, behavioral, physiological and phylogenetic perspectives. In this article, (...) I outline a framework for UMG and describe some of the evidence that supports it. I also propose a novel computational analysis of moral intuitions and argue that future research on this topic should draw more directly on legal theory. (shrink)

There was a time when both Rudolf Carnap and Jc Beall were thought to be arch logical pluralists. Beall has since renounced his pluralistic views, but Carnap is still largely regarded as a pluralist. In this paper, I will show that there is good reason to think that Carnap is not a logical pluralist, at least in the way he is presented in the literature. Instead, I argue, he can be seen as a Beall-style logical monist at the meta-level, in (...) line with the views expressed in Beall (APHI 14:1–29, 2017 and NOUS 28:30–54, 2018). (shrink)

The aim of the dissertation is to formulate a research program in moral cognition modeled on aspects of Universal Grammar and organized around three classic problems in moral epistemology: What constitutes moral knowledge? How is moral knowledge acquired? How is moral knowledge put to use? Drawing on the work of Rawls and Chomsky, a framework for investigating -- is proposed. The framework is defended against a range of philosophical objections and contrasted with the approach of developmentalists like Piaget and Kohlberg. (...) ;One chapter consists of an interpretation of the analogy Rawls draws in A Theory of Justice between moral theory and generative linguistics. A second chapter clarifies the empirical significance of Rawls' linguistic analogy by formulating a solution to the problem of descriptive adequacy with respect to a class of commonsense moral intuitions, including those discussed in the trolley problem literature originating in the work of Foot and Thomson. Three remaining chapters defend Rawls' linguistic analogy against some of its critics. In response to Hare's objection that Rawls' conception of moral theory is too empirical and insufficiently normative, it is argued that Hare fails to acknowledge both the centrality of the problem of empirical adequacy in the history of moral philosophy and the complexity of Rawls' approach to the problem of normative adequacy. In response to Nagel's claim that the analogy between moral theory and linguistics is false because whatever native speakers agree on is English, but whatever ordinary men agree in condemning is not necessarily wrong, it is argued that the criticism ignores both Rawls' use of the competence-performance distinction and the theory-dependence of the corresponding distinction in linguistics. In response to Dworkin's claim that Rawls' conception of moral theory is incompatible with naturalism and presupposes constructivism, it is argued that Dworkin's distinction between naturalism and constructivism represents a false antithesis; neither is an accurate interpretation of the model of moral theory Rawls describes in A Theory of Justice. The thesis concludes by situating Rawls' linguistic analogy within the context of broader debates in metaethics, democratic theory, natural law theory, and the theory of moral development. (shrink)

We are logical pluralists who hold that the right logic is dependent on the domain of investigation; different logics for different mathematical theories. The purpose of this article is to explore the ramifications for our pluralism concerning normativity. Is there any normative role for logic, once we give up its universality? We discuss Florian Steingerger’s “Frege and Carnap on the Normativity of Logic” as a source for possible types of normativity, and then turn to our own proposal, which postulates that (...) various logics are constitutive for thought within particular practices, but none are constitutive for thought as such. (shrink)

Logical pluralism is the view that there is more than one right logic. A particular version of the view, what is sometimes called domain-specific logical pluralism, has it that the right logic and connectives depend somehow on the domain of use, or context of use, or the linguistic framework. This type of view has a problem with cross-framework communication, though: it seems that all such communication turns into merely verbal disputes. If two people approach the same domain with different logics (...) as their guide, then they may be using different connectives, and hence talking past each other. In this situation, if we think we are having a conversation about “¬A\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lnot A$$\end{document}”, but are using different “¬\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lnot $$\end{document}”s, then we are not really talking about the same thing. The communication problem prevents legitimate disagreements about logic, which is a bad result. In this paper I articulate a possible solution to this problem, without giving up pluralism, which requires adopting a notion of metalinguistic negotiation, and allows people to communicate and disagree across domains/contexts/frameworks. (shrink)

Typically, a logic consists of a formal or informal language together with a deductive system and/or a model-theoretic semantics. The language is, or corresponds to, a part of a natural language like English or Greek. The deductive system is to capture, codify, or simply record which inferences are correct for the given language, and the semantics is to capture, codify, or record the meanings, or truth-conditions, or possible truth conditions, for at least part of the language.

My primary aims in this paper are to explain what exploitation is, when it’s wrong, and what makes it wrong. I argue that exploitation is not always wrong, but that it can be, and that its wrongness cannot be fully explained with familiar moral constraints such as those against harming people, coercing them, or using them as a means, or with familiar moral obligations such as an obligation to rescue those in distress or not to take advantage of people’s vulnerabilities. (...) Its deepest wrongness, I argue, lies in our moral obligation not to extract excessive benefits from people who cannot, or cannot reasonably, refuse our offers. (shrink)

We are logical pluralists who hold that the right logic is dependent on the domain of investigation; different logics for different mathematical theories. The purpose of this article is to explore the ramifications for our pluralism concerning normativity. Is there any normative role for logic, once we give up its universality? We discuss Florian Steingerger’s “Frege and Carnap on the Normativity of Logic” as a source for possible types of normativity, and then turn to our own proposal, which postulates that (...) various logics are constitutive for thought within particular practices, but none are constitutive for thought as such. (shrink)

In this paper, the predicate counterparts, defined both axiomatically and semantically by means of Kripke frames, of the modal propositional logics $\textbf {GL}$, $\textbf {Grz}$, $\textbf {wGrz}$ and their extensions are considered. It is proved that the set of semantical consequences on Kripke frames of every logic between $\textbf {QwGrz}$ and $\textbf {QGL.3}$ or between $\textbf {QwGrz}$ and $\textbf {QGrz.3}$ is $\Pi ^1_1$-hard even in languages with three (sometimes, two) individual variables, two (sometimes, one) unary predicate letters, and a single (...) proposition letter. As a corollary, it is proved that infinite families of modal predicate axiomatic systems, based on the classical first-order logic and the modal propositional logics $\textbf {GL}$, $\textbf {Grz}$, $\textbf {wGrz}$ are not Kripke complete. Both $\Pi ^1_1$-hardness and Kripke incompleteness results of the paper do not depend on whether the logics contain the Barcan formula. (shrink)

Many pigmented heterokonts are able to synthesize elements of their cell walls (the frustules) of dense biogenic silica. These include diatom algae, which occupy a significant place in the biosphere. The siliceous frustules of diatoms have species‐specific patterns of surface structures between 10 and a few hundred nanometers. The present review considers possible mechanisms of uptake of silicic acid from the aquatic environment, its transport across the plasmalemma, and intracellular transport and deposition of silica inside the specialized Silica Deposition Vesicle (...) (SDV) where elements of the new frustule are formed. It is proposed that a complex of silicic acid with positively charged proteins silaffins and polypropylamines remains a homogeneous solution during the intracellular transport to SDV, where biogenic silica precipitates. The high density of the deposited biogenic silica may be due to removal of water from the SDV by aquaporins followed by syneresis—a process during which pore water is expelled from the network of the contracting gel. The pattern of aquaporins in the silicalemma, the membrane embracing the SDV, can determine the pattern of species‐specific siliceous nanostructures. BioEssays 30:328–337, 2008. © 2008 Wiley Periodicals, Inc. (shrink)

Inspired by the views by the American educationalist Henry Giroux on the role teachers and educationalists should be playing in the time of postmodernism and by Abraham Maslow's concept of biological idioscyncrasy, the author discusses how the concepts of the dialogues created by the representatives of Norwegian Dialogue Pedagogy, Hans Skjervheim, Jon Hellesnes, and Lars Løvlie, can be applied in the area of higher education. The aim of pedagogy in the time of postmodernism is to provide learners with knowledge and (...) skills that will allow them to earn a living, maintain democracy and fight social, racial or gender injustice. This can be achieved only if educationalists provide for educating thinking and emancipated individuals and accordingly consider the issues of identities, ethics, differences, language, transformative intellectuals, and biological idiosyncrasy. The main pedagogical function of the dialogue concepts is to encourage Bildung by enlightening learners to seen and unseen power and authority relations. The dialogue can have a form of a discussion in class, at meetings, in talk between a teacher and a learner, and parents and a child, where everyone should be allowed to speak his or her mind. The dialogue in instructional situations is also understood as a dialogue in a broad sense, including texts in the text-books. Depending on the type of problem that is discussed, a dialogue can take many different forms, all of which can and should be used in supervising graduate and post-graduate students, as the use of the concepts will promote emancipation and self-determination. When it comes to the issues of ethics, transformative intellectuals and biological idiosyncrasy, the use of the concepts should be an approach of choice. However, the author argues that the dialogue concepts do not meet the requirement for the language that Giroux suggests that pedagogy in the time of postmodernism should use, and are based on assumptions that partly conflict with the postmodern understanding of the truth. The author proposes that a new type of a dialogue, the dialogue that allows existence of several narratives at the same time, should be developed. (shrink)

This article provides a brief analysis of the life, work, and character of Nikolai Berdyaev. He is described as both a captive and apologist of freedom, and as an influential representative of existential personalism.