It is possible to write a Kelsenian ‘Legal-Philosophical Tractate’ – based on Kelsen’s Pure Theory of Law – after the example of Wittgenstein’s Tractatus Logico-Philosophicus. The following main and sub-propositions analogous to the main and sub-propositions of the Tractatus are a proof thereof and give an initial impetus to it: “May others come and do it better”. Unlike Wittgenstein’s Tractatus, that ends with the famous proposition 7 that one should be silent about what cannot be spoken, a Kelsenian Tractate would (...) not end with an analogous main proposition, but with two sub-propositions that show the (relative) value of both ‘the speaking’ and ‘the silence’ of positive law. (shrink)

My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch why Kelsen (...) actually differentiates Is and Ought and conceives of a relation between both categories. Then I will examine if and in what way the conditio tacita of social peace is implied in the conditions for legal validity. The concluding section will suggest what this implication possibly means for the valuation of the Pure Theory of Law and of its normative concept of the positive legal order. (shrink)

This article paradoxically tries to come closer to an idea of justice with the help of the destructive — anything but nihilistic — criticism thereof by Hans Kelsen. It argues that his relativistic approach, in which this idea undergoes a metamorphosis to become a realisable value of a social order, brings us closer to an obvious and objective form of justice that is almost taken for granted. Just in our liberal and plural democracy this approach might prove to be of (...) more value than a transcendental theory that passes speculative judgements on the essence of absolute justice, about which we are unable to come to an agreement. (shrink)

Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also meaningful. The first (...) paradox originates from Kelsen’s formalised and value-free concept of law, which unexpectedly confronts the judge with his moral responsibility for the material valuation of the law. Secondly, a paradox arises from Kelsen’s rationalised notion of relative justice, which in fact forces the judge to be absolutely convinced of the moral rightness of his judgement. The third paradox is a result of Kelsen’s idea of objectivised ‘social peace’, by which the judge just realises the subjective and irrational demands of justice. From my analysis of these three seeming contradictions in Kelsen’s pure theory of law emerges an apparent Kelsenian representation of judicial justice. Starting from his pure theory of law it should be possible to conceive of a ‘pure’ form of administration of law, which would stipulate social peace as a condition for the ‘purity’ of a judicial judgement. I even imagine that Kelsen considered peace as a conditio tacita for the validity of the whole legal order, just as he regarded the basic norm as conditio per quam and effectivity as conditio sine qua non for the validity of the legal order. In any case, according to Kelsen’s conception of judicial justice, social peace proves to be the implicit or tacit condition for a ‘pure’ judgement. With that this ‘pacifying jurisprudence’ can be understood as a surprising paragon of a ‘pure’ administration of justice, on the understanding that peace is not a sufficient but an obvious condition for a just administration of law. That this should also apply mutatis mutandis for Kelsen’s concept of the legal order as a whole will be made subject of further research. (shrink)

Hans Kelsen is renowned in the world of legal philosophy as one of the most important legal scholars of the 20th century and his most important work which brought him this renown, Pure Theory of Law, is therefore ‘world famous’. However, he is less well known as a legal pacifist and his main writings on law and peace, such as Peace through Law, are very rarely studied and almost never considered in relation to his Pure Theory of Law. Even the (...) more recent studies of Kelsen’s theory of democracy, which increased familiarity with Kelsen as an advocate of democracy and actually looked at his political work in the light of the Pure Theory of Law, contain almost no systematic or critical consideration of the value of peace, although both Kelsen’s legal theory and his theory of democracy at least give cause for this. Whereas other studies have already made the connection between the concepts of law and democracy in Kelsen’s work, this thesis concentrates on the concepts – also closely connected in his work – of law and peace. With this new approach this thesis hopes to contribute to a re-evaluation of Kelsen’s positivist legal philosophy by showing that the undervalued yet essential aspect of his legal pacifism can be understood as the tacit, ethical meaning of the Pure Theory of Law. (shrink)

This paper offers a two dimensional variation of Standard Deontic Logic SDL, which we call 2SDL. Using 2SDL we can show that we can overcome many of the difficulties that SDL has in representing linguistic sets of Contrary-to-Duties (known as paradoxes) including the Chisholm, Ross, Good Samaritan and Forrester paradoxes. We note that many dimensional logics have been around since 1947, and so 2SDL could have been presented already in the 1970s. Better late than never! As a detailed case study (...) illustrating the power of 2SDL, we examine the system DL of Deontic Logic of Andrew Jones and Ingmar Pörn offered in 1985 to solve the Chisholm paradox of Contrary to Duties. The critical examination is done using logics and methods available in 1985 and solutions are proposed using what was available in 1985. (shrink)

Religious and secular convictions have powerful effects, but their fundaments are often surprisingly fragile. Because of the conspicuous role that nationalisms, populisms, and fundamentalisms have in our globalizing world it is essential not to take their strength for granted, but to acknowledge that conviction and doubt are part of the same dynamic. The chapters in this volume demonstrate that doubt and hesitation are daily concerns even among the Maoist movement in India, right-wing populists in Europe and newly pious Somali Muslims (...) in London. In fact, new converts are often such stringent believers precisely because they need to dispel their own lingering doubts, while revolutionary movements survive only through the denial of ambiguity. By studying everyday doubt this volume unravels the mechanisms by which convictions gain and lose their force, and analyzes the dynamics that propel loosely held ideas into committed action. Whereas a focus on overcoming doubt highlights the exclusionary effects of committed action, attention to the breakdown of belief serves to better understand the cycles of hope, conviction, and disillusion that bespeak the human condition. This is the central theme in several chapters looking at ideological break-down. The collapse of communism, for instance, produced an epistemological crisis in which all knowledge became unstable, prompting gold-miners in Mongolia to go as far as to doubt the cosmos. The post-ideological environment of Western democracies also produces anxieties, as the break-down of the bonds of trust between governments and citizens results in feelings of betrayal. Questions of truth and action are always related: if nothing is worth fighting for then apathy and hopelessness may become symptomatic. By paying attention to the mechanisms and dynamics by which specific ideas gain and lose their credibility this volume sheds important new light on the role of ideas in social and political action. (shrink)

Schopenhauer and Adorno on Bodily Suffering explores how the works of both philosophers revolve around an entwinement of pessimism and optimism, which links statements regarding the wrongness of the world to analyses of the human capability to experience compassion with bodily suffering and to the redeeming qualities of the arts.

Adorno's moral philosophy is famously problematic. One of the main reasons for this is that it revolves around the moral addendum: a physical impulse of solidarity with suffering beings that, he argues, cannot and should not be rationalized. I show that, since this moral addendum remains vague and since Adorno's radical negativity forces him to dismiss as uncritical all other approaches to morality, he deliberately places his thought in danger of relapsing into irrationality. Most commentators therefore disagree about the manner (...) in which Adorno's references to the moral addendum can be translated into a moral theory. In this paper, I bring in some often overlooked material to form a more complete overview of the issues at hand and to adjudicate this contested area. I do this by briefly discussing Schopenhauer's moral observations on Mitleid and by focusing on Adorno's references to animal cruelty and corporeality. Although this interpretation stays close to Adorno's observations on the moral addendum, it forces us to accept that his moral philosophy is rather weak. I conclude, however, that this weakness reflects a disturbing aspect of reality and in that sense has critical value. (shrink)

Art appears to us historically. Hence, the historical meaning of art can best be understood by its clarification through a history of unconscious motives. This article applies to the classical arts and aesthetics (from Daedalos to Pygmalion) some theories ofRené Girard. Until the advent of the 'anthropométrie stage', art was solely concerned with the production of magic-ritual 'Objects' for the ritual, in which the experience oforiginal violence (Wieder-erlebung) took place. With the introduction of a religious structure, this original violence became (...) hidden away behind an abstract means, thus disabling the direct contact between man and force of nature. For the arts, we can identify 'mimesis' as this means, which consequently became the central aesthetical ideal. Anthropometric art, then, was no longer directed towards the truth of original violence, buttowards the representational truth of the myth and the religious order. Since mimetic representations can never be what they represent, truth and beauty were disconnected in the arts. The ideal of mimetic beauty, as expressed in composition or design, allows for a potentially infinite number of variations, covering truth as well as fiction. It seems that classical arts still expressed the truth, albeit in an increasingly remote manner (since original violence was progressively more hidden away). We specifically discuss forementioned evolution in classical drama (comedy and tragedy) and in Plato's and Aristotle's aesthetics and theories of art. (shrink)

In spite of his post-World War II works on international law, which seems more purely juridical, Hans Kelsen continues to put forward in his vast body of work an implicit – and sometimes even explicit – juridical objectivism and pacifism. Especially before and during the second World War he makes – by means of many moral-political writings – an effort for a more effective assurance of international peace. The fact that Kelsen regards the law as the pre-eminent means to achieve (...) the end of peace, is – in view of the tradition running from Hobbes to Kant – still not very innovating. But the primary and central role he assigns to the judiciary in order to guarantee international peace is on the other hand really original. To bring out Kelsen’s juridical objectivism and pacifism, I restrict myself in this article to his plea before and during the second World War for the judicial primacy in the international legal order. In that plea, which is spread over many writings and founded by several arguments, I distinguish however three main convincing arguments – namely an evolutionary, a technical and a moral-political argument – for the establishment of an international court with compulsory jurisdiction as the ‘guardian of international peace’. The fact that Kelsen’s original plea is still relevant to our times, is already evident from the post-World War II UN-system of peace-enforcement, which still functions little satisfactorily and of which the existing plans of reform go no further than strengthening the position of the Security Council, the current hardly effective ‘maintainer of world peace’. (shrink)

Only one year after the global wave of protest movements and revolts—starting with the ‘Arab Spring’, then, subsequently, the Indignados movement and Occupy- our appreciation of such movements turned sour. The aim of this contribution is to question the predominantly sceptical and defeatist discourse on these movements. One element central to many defeatist discourses on the 2011 movements, is the way in which a lack of demonstrable ‘outcomes’ or ‘successes’ is retrospectively ascribed to them. Therefore, an alternative approach should be (...) formulated, which would allow us to recognise the significant or valuable aspects of these movements and their practices, without downplaying them as ‘unsuccessful’ or ‘failures’ altogether. Pierre Rosanvallon’s concept of ‘counter-democracy’ and Hardt and Negri’s perspective of a ‘Multitude’ will be evaluated as alternative approaches to current political movements. Although they are meritorious, both perspectives do not go far enough and need further articulation. The notion of ‘prefiguration’, originally derived from contemporary anarchist discourse, could be beneficial to this endeavour. After defining and deepening this concept from an anarchist perspective, it will be applied to one particular context: the occupation of Tahrir Square in Cairo, during the 2011 revolution in Egypt. As will be concluded, in its application this concept of ‘prefiguration’ could teach us more about the recent wave of protest movements in general, and could help us to formulate a different approach to such movements. (shrink)

This paper offers a two dimensional variation of Standard Deontic Logic SDL, which we call 2SDL. Using 2SDL we can show that we can overcome many of the difficulties that SDL has in representing linguistic sets of Contrary-to-Duties (known as paradoxes) including the Chisholm, Ross, Good Samaritan and Forrester paradoxes. We note that many dimensional logics have been around since 1947, and so 2SDL could have been presented already in the 1970s. Better late than never! As a detailed case study (...) illustrating the power of 2SDL, we examine the system DL of Deontic Logic of Andrew Jones and Ingmar Pörn offered in 1985 to solve the Chisholm paradox of Contrary to Duties. The critical examination is done using logics and methods available in 1985 and solutions are proposed using what was available in 1985. (shrink)

The representation of reality is a fundamental concept in the perception of theworld. Its historical consideration leads to an understanding of historical andcontemporary culture. In this paper we specifically investigate theanthropometric stage of cultural development as a historical world view. Wedefine this stage on the basis of René Girard's hypotheses on the origin ofculture, and we isolate its principles. Next, we consider the function of art asthe representation of cultural values. We investigate the three major motivesof artistic representation in the (...) anthropometric stage, i.e. beauty, dramatizationand mimesis. We show how and why these motives play an essential partin the obfuscation and explanation of the origin of culture. Finally, we showhow these developments are dealt with in the aesthetics of Plato and Aristotle. (shrink)

El artículo responde al intento de sistematización del pensamiento agustiniano sobre la predestinación, hecho por G. Kraus, señalando sus aciertos y sus errores. Por otra parte, demuestra que el tema de la predestinación no ocupa un lugar relevante en la obra antipelagiana, subrayando la importancia y los matices que añade el hecho de que los destinatarios de las obras sobre la predestinación sean monjes.

El artículo trata de la manera en que Agustín presenta a sus "auctoritates" en la discusión con Juliano de Eclana y cómo las usa en su polémica. Sin detenerse en los contenidos de los textos citados ni en los asuntos teológicos en cuestión en el debate entre Juliano y Agustín, presenta las quejas y críticas de Juliano. Después se ofrece un esbozo de cómo Agustín presenta a cada uno de sus doctores. Finalmente, examina cómo son usados estos Padres en la (...) defensa que hace Agustín. (shrink)

Einstein Meets Magritte: An Interdisciplinary Reflection presents insights of the renowned key speakers of the interdisciplinary Einstein meets Magritte conference (1995, Brussels Free University). The contributions elaborate on fundamental questions of science, with regard to the contemporary world, and push beyond the borders of traditional approaches. All of the articles in this volume address this fundamental theme, but somewhere along the road the volume expanded to become much more than a mere expression of the conference's dynamics. The articles not only (...) deal with several scientific disciplines, they also confront these fields with the full spectrum of contemporary life, and become new science. As such, this volume presents a state-of-the-art reflection of science in the world today, in all its diversity. The contributions are accessible to a large audience of scientists, students, educators, and everyone who wants to keep up with science today. (shrink)

Broken bodies, places and objects demonstrates the breadth of fragmentation and fragment use in prehistory and history, and provides an up-to-date insight into the current archaeological thinking around the topic. A seal broken and shared by two trade parties, dog jaws accompanying the dead in Mesolithic burials, fragments of ancient warships commodified as souvenirs, parts of an ancient dynastic throne split up between different colonial collections... Pieces of the past are everywhere around us. Fragments have a special potential precisely because (...) of their incomplete format - as a new matter that can reference its original whole but can also live on with new, unrelated meanings. Deliberate breakage of bodies, places and objects for the use of fragments has been attested from all time periods of the past. It has now been over 20 years since John Chapman's major publication introducing fragmentation studies, and the topic is more present than ever in archaeology. This volume offers the first European-wide review of the concept of fragmentation, collecting case studies from the Neolithic to the Modern, and extending the ideas of fragmentation theory into new directions. The book is written for scholars and students in archaeology but it is also relevant for neighbouring fields taking an interest in material culture, such as anthropology, history, cultural heritage studies, museology, art and architecture. (shrink)

Is it wrong to say Heidegger developed a metaphysics of technology? It doesn't seem to be so. The distinction he makes between technology and the essence of technology, a distinction that proves to be the core of his philosophy of technology, is clearly a metaphysical one: what appears is rooted in something else that does not appear . This is peculiar, for Heidegger is commonly known of course as a thinker who tenaciously tried to overcome metaphysics. In this paper, I (...) wish to examine to what extent Heidegger's philosophy of technology is metaphysical, and to what extent it isn't. In doing so, I want to make clear how Heidegger could arrive at the statement that the essence of technology jeopardizes the essence of man, and why according to him insight can bring salvation here. (shrink)

Einstein Meets Magritte: An Interdisciplinary Reflection presents insights of the renowned key speakers of the interdisciplinary Einstein meets Magritte conference. The contributions elaborate on fundamental questions of science, with regard to the contemporary world, and push beyond the borders of traditional approaches. All of the articles in this volume address this fundamental theme, but somewhere along the road the volume expanded to become much more than a mere expression of the conference's dynamics. The articles not only deal with several scientific (...) disciplines, they also confront these fields with the full spectrum of contemporary life, and become new science. As such, this volume presents a state-of-the-art reflection of science in the world today, in all its diversity. The contributions are accessible to a large audience of scientists, students, educators, and everyone who wants to keep up with science today. (shrink)

In recent literature, it has regularly been suggested that, in his later years, Augustine of Hippo became more and more pessimistic with regard to marriage and sexuality. At the same time, Augustine was praised for his nuanced view on this issue in about 401, when he developed a middle position between the optimistic approach of Jovinian and the rather denigrating view of Jerome with regard to marriage. While Jovinian was of the opinion that a life in abstinence and marriage were (...) equally meritorious, Jerome developed an outspoken and negative view on marriage in favor of the consecrated life. For his part, Augustine considered a life of abstinence as superior in comparison to marriage but explicitly stated that marriage was a bonum in its own right. In this contribution, it is made clear that the positions of Augustine in De bono coniugali and De nuptiis et concupiscentia are substantially the same. In other words, qualifications such as being wise or pessimistic do not really do justice to Augustine’s position, which remained the same through the years. In De nuptiis et concupiscentia, in the midst of the Pelagian controversy, Augustine made much more use of Scriptural texts in order to underpin his view on marriage and concupiscence in relation to the doctrine of original sin: in the controversy with Julian of Aeclanum he had to defend himself against accusations such as innovation and heresy. In the two works, the ethical criterion par excellence for the evaluation of human beings moral behavior remained the propter Deum attitude. (shrink)