Erudite and timely, this book is a key contribution to the renewal of radical theory and politics.

Human rights have become an important ideal in current times, yet our age has witnessed more violations of human rights than any previous less enlightened one. This book explores the historical and theoretical dimensions of this paradox. Divided into two parts, the first section offers an alternative history of natural law, in which natural rights are represented as the eternal human struggle to resist opression and to fight for a society in which people are no longer degraded or despised. At (...) the time of their birth in the 18th Century and again in the popular uprisings of the last decade, human rights became the dominant critique of law and society. The radical rhetoric of rights and its apparently endless expansive potential has led to its adoption by governments and individuals alike seeking to justify their actions on moral grounds and has undermined its radical edge. Part Two examines the philosophical logic of rights. The classical critiques of Kant, Burke, Hegel and Marx illuminate traditional aproaches to the concept of human rights. The work of Heidegger, Sartre and psychoanalysis is used to deconstruct the metaphisical essentialism of bothe universalists and cultural relativists. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a moral stand point which both transcends the present and is historically relevant. (shrink)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar (...) of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

This volume of essays traces the history of jurisprudence from classical times, and examines various interpretations of written laws.

Responding to Alain Badiou’s ‘communist hypothesis’, the leading political philosophers of the Left convened in London in 2009 to take part in a landmark conference to discuss the perpetual, persistent notion that, in a truly emancipated society, all things should be owned in common. This volume brings together their discussions on the philosophical and political import of the communist idea, highlighting both its continuing significance and the need to reconfigure the concept within a world marked by havoc and crisis.

This new study seeks to reopen the law-ethics debate from a postmodern perspective and calls for a radical reassessment of the relationship between law and morality.

Critical Legal Theory has conventionally been traced to the social, political, and philosophical movements of the 1960s and, before that, to the early-twentieth-century ‘realist’ critique of modern jurisprudence. In truth, however, its origins go back to classical and pre-modern thought, and to their acknowledgement of the centrality of law in attempts to conceive of the good life, or the just polity—a centrality that is, moreover, also discernible in the recent gravitation of a number of contemporary philosophers and theorists towards law. (...) Against the ‘restricted’ and ‘conservative’ character of modern jurisprudence, Critical Legal Theory constitutes a return to this more general interest in law and legality. Exceeding the limits of jurisprudence, it has, moreover, drawn upon the most ancient and most contemporary traditions of critical thought in order to pursue new ways of understanding, living, and imagining the law. Critical Legal Theory is now an established—if heterogeneous and controversial—field of study, represented by numerous international journals, regional organizations, and global conferences. As the field continues to flourish as never before, this new title in Routledge’s Major Works series, Critical Concepts in Law, meets the need for an authoritative reference work to make sense of a rapidly growing and ever more complex corpus of literature. Indeed, it is a landmark collection of Critical Legal Theory’s principal sources, orientations, movements, and themes. The first volume in the collection illuminates the foundations of Critical Legal Theory in contemporary continental thought, as well as providing an account of its institutional history. Volume II, meanwhile, examines the ways in which Critical Legal Theory has addressed and problematized conventional jurisprudential ideas about law, drawing upon the insights of philosophy, as well as other disciplines. Volume III assembles the best and most influential research to provide an overview of the movements that characterize the field. The scholarship assembled in the final volume brings together the key work to explore a range of substantial themes with which Critical Legal Theorists have engaged. Supplemented with a full index and comprehensive introductions, newly written by the editors, which situate the collected material in the context of more general theoretical traditions, as well as in critical relation to jurisprudence, _Critical Legal Theory_ is destined to be valued by scholars, students, and researchers as a vital resource. (shrink)

Questioning some of the repetitive and narrow theoretical writings on rights, a group of leading intellectuals examine human rights from philosophical, theological, historical, literary and political perspectives.

This chapter examines the normative question of whether the cultivation of patriotic and nationalist ideals and attachments should have a central place in programs of civic education. It argues that the most useful way to draw the distinction between patriotism and nationalism focuses on their respective objects of loyalty; patriotism is loyalty to a country while nationalism is loyalty to a people. This way of distinguishing between patriotism and nationalism forms the background for the discussion of a variety of instrumental (...) and non-instrumental arguments for cultivating patriotic and nationalist political attachments in schools. It also examines an assumption common to these programs of civic education: that a shared identity is crucial for citizens to have a sense of belonging that supports social stability and desirable forms of political change. The final part of the chapter introduces a number of alternative educational proposals that aim to avoid some of the difficulties faced by patriotic and nationalist strategies. These alternative proposals aim to encourage good citizenship while taking into account new challenges generated by the political, social, and economic conditions of an increasingly globalized world. (shrink)

The concept of fitness, central to population genetics and to the synthetic theory of evolution, is discussed. After a historical introduction on the origin of this concept, the current meaning of it in population genetics is examined: a cause of the selective process and its quantification. Several difficulties arise for its exact definition. Three adequacy criteria for such a definition are formulated. It is shown that it is impossible to formulate an adequate definition of fitness respecting these criteria. The propensity (...) definition of fitness is presented and rejected. Finally it is argued that fitness is a conceptual device, a useful tool, only for descriptive purposes of selective processes, changing from case to case, and thus devoid of any substantial physical counterpart. Any attempt to its reification is an apport to the metaphysical load evolutionary theory has inherited from Natural Theology. (shrink)

The current crisis is one outcome of the financialisation of contemporary capitalism. It arose in the USA because of the enormous expansion of mortgage-lending, including to the poorest layers of the working class. It became general because of the trading of debt by financial institutions. These phenomena are integral to financialisation. During the last three decades, large enterprises have turned to open markets to obtain finance, forcing banks to seek alternative sources of profit. One avenue has been provision of financial (...) services to individual workers. This trend has been facilitated by the retreat of public provision from housing, pensions, education, and so on. A further avenue has been to adopt investment-banking practices in open financial markets. The extraction of financial profits directly out of personal income constitutes financial expropriation. Combined with investment-banking, it has catalysed the current gigantic crisis. More broadly, financialisation has sustained the emergence of new layers of rentiers, defined primarily through their relation to the financial system rather than ownership of loanable capital. Finally, financialisation has posed important questions regarding finance-capital and imperialism. (shrink)

entry for the Entry for the Stanford Encyclopedia of Philosophy, 2007.

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Journal of Philosophical Logic 34, 97-119, 2005.

An introduction to the model-theoretic approach in the philosophy of science is given and it is argued that this program is further enhanced by the introduction of partial structures. It is then shown that this leads to a natural and intuitive account of both "iconic" and mathematical models and of the role of the former in science itself.

We investigate the higher-order modal logic , which is a variant of the system presented in our previous work. A semantics for that system, founded on the theory of quasi sets, is outlined. We show how such a semantics, motivated by the very intuitive base of Schrödinger logics, provides an alternative way to formalize some intensional concepts and features which have been used in recent discussions on the logical foundations of quantum mechanics; for example, that some terms like 'electron' have (...) no precise reference and that 'identical' particles cannot be named unambiguously. In the last section, we sketch a classical semantics for quasi set theory. (shrink)

The paper focuses on extending to the first order case the semantical program for modalities first introduced by Dana Scott and Richard Montague. We focus on the study of neighborhood frames with constant domains and we offer in the first part of the paper a series of new completeness results for salient classical systems of first order modal logic. Among other results we show that it is possible to prove strong completeness results for normal systems without the Barcan Formula (like (...) FOL + K)in terms of neighborhood frames with constant domains. The first order models we present permit the study of many epistemic modalities recently proposed in computer science as well as the development of adequate models for monadic operators of high probability. Models of this type are either difficult of impossible to build in terms of relational Kripkean semantics [40].We conclude by introducing general first order neighborhood frames with constant domains and we offer a general completeness result for the entire family of classical first order modal systems in terms of them, circumventing some well-known problems of propositional and first order neighborhood semantics (mainly the fact that many classical modal logics are incomplete with respect to an unmodified version of either neighborhood or relational frames). We argue that the semantical program that thus arises offers the first complete semantic unification of the family of classical first order modal logics. (shrink)

It is now well known that, on pain of triviality, the probability of a conditional cannot be identified with the corresponding conditional probability [25]. This surprising impossibility result has a qualitative counterpart. In fact, Peter Gärdenfors showed in [13] that believing ‘If A then B’ cannot be equated with the act of believing B on the supposition that A — as long as supposing obeys minimal Bayesian constraints. Recent work has shown that in spite of these negative results, the question (...) ‘how to accept a conditional?’ has a clear answer. Even if conditionals are not truth-carriers, they do have precise acceptability conditions. Nevertheless most epistemic models of conditionals do not provide acceptance conditions for iterated conditionals. One of the main goals of this essay is to provide a comprehensive account of the notion of epistemic conditionality covering all forms of iteration. First we propose an account of the basic idea of epistemic conditionality, by studying the conditionals validated by epistemic models where iteration is permitted but not constrained by special axioms. Our modeling does not presuppose that epistemic states should be represented by belief sets (we only assume that to each epistemic state corresponds an associated belief state). A full encoding of the basic epistemic conditionals (encompassing all forms of iteration) is presented and a representation result is proved. In the second part of the essay we argue that the notion of change involved in the evaluation of conditionals is suppositional, and that such notion should be distinguished from the notion of updating (modelled by AGM and other methods). We conclude by considering how some of the recent modellings of iterated change fare as methods for iterated supposing. (shrink)

The issue of what consequences to draw from the existence of non-classical logical systems has been the subject of an interesting debate across a diversity of fields. In this paper the matter of alternative logics is considered with reference to a specific belief system and its propositions :the Azande are said to maintain beliefs about witchcraft which, when expressed propositionally, appear to be inconsistent. When the Azande have been presented with such inconsistencies, they either fail to see them as such (...) or else accept them as non-problematical. Is our knowledge of logical truths a relative and culturally determined phenomenon, or is there some (transcendent) criterion that allows us to adjudicate between alternative logical systems? The authors propose an approach for resolving disputes about the status of Azande reasoning which assumes a paraconsistent framework, thus providing a new perspective on this debate. (shrink)

Physical superpositions exist both in classical and in quantum physics. However, what is exactly meant by ‘superposition’ in each case is extremely different. In this paper we discuss some of the multiple interpretations which exist in the literature regarding superpositions in quantum mechanics. We argue that all these interpretations have something in common: they all attempt to avoid ‘contradiction’. We argue in this paper, in favor of the importance of developing a new interpretation of superpositions which takes into account contradiction, (...) as a key element of the formal structure of the theory, “right from the start”. In order to show the feasibility of our interpretational project we present an outline of a paraconsistent approach to quantum superpositions which attempts to account for the contradictory properties present in general within quantum superpositions. This approach must not be understood as a closed formal and conceptual scheme but rather as a first step towards a different type of understanding regarding quantum superpositions. (shrink)

It is becoming clear that many of today’s management theories are inadequate theoretically and practically to move understanding, scholarship, and practice to where it needs to be for scholars, business leaders, and policy makers to cope with an increasing fraught world. This Special Issue’s focus is on sustainability. Sustainability challenges need to incorporate multidisciplinary interventions and the trans- and interdisciplinary nature of solutions. To actively seek transformation toward sustainability, fundamental and innovative short-term as well as long-term efforts are required in (...) society, economy, technology, and education, including our understanding of human behavior and attitudes toward the management of the environment. This introductory piece presents natural science theories as a promising approach for achieving progress toward transformation for sustainability. (shrink)

This paper is a critic analysis of a doctorate thesis and a master dissertation, which subjects are the samba and the afro religions in the city of São Paulo. Both consider the samba and the religion as manifestations and cultural expressions through which the black population in afro-diaspora rebuilded and reupdated memories via religiosity, rythm, dance and performan.

Following the pioneer work of Bruno De Finetti [12], conditional probability spaces (allowing for conditioning with events of measure zero) have been studied since (at least) the 1950's. Perhaps the most salient axiomatizations are Karl Popper's in [31], and Alfred Renyi's in [33]. Nonstandard probability spaces [34] are a well know alternative to this approach. Vann McGee proposed in [30] a result relating both approaches by showing that the standard values of infinitesimal probability functions are representable as Popper functions, and (...) that every Popper function is representable in terms of the standard real values of some infinitesimal measure. Our main goal in this article is to study the constraints on (qualitative and probabilistic) change imposed by an extended version of McGee's result. We focus on an extension capable of allowing for iterated changes of view. Such extension, we argue, seems to be needed in almost all considered applications. Since most of the available axiomatizations stipulate (definitionally) important constraints on iterated change, we propose a non-questionbegging framework, Iterative Probability Systems (IPS) and we show that every Popper function can be regarded as a Bayesian IPS. A generalized version of McGee's result is then proved and several of its consequences considered. In particular we note that our proof requires the imposition of Cumulativity, i.e. the principle that a proposition that is accepted at any stage of an iterative process of acceptance will continue to be accepted at any later stage. The plausibility and range of applicability of Cumulativity is then studied. In particular we appeal to a method for defining belief from conditional probability (first proposed in [42] and then slightly modified in [6] and [3]) in order to characterize the notion of qualitative change induced by Cumulative models of probability kinematics. The resulting cumulative notion is then compared with existing axiomatizations of belief change and probabilistic supposition. We also consider applications in the probabilistic accounts of conditionals [1] and [30]. (shrink)

Gerd Gigerenzer and Thomas Sturm have recently proposed a modest form of what they describe as a normative, ecological and limited naturalism. The basic move in their argument is to infer that certain heuristics we tend to use should be used in the right ecological setting. To address this argument, we first consider the case of a concrete heuristic called Take the Best (TTB). There are at least two variants of the heuristic which we study by making explicit the choice (...) functions they induce, extending these variants of TTB beyond binary choice. We argue that the naturalistic argument can be applied to only one of the two variants of the heuristic; we also argue that the argument for the extension requires paying attention to other “rational” virtues of heuristics aside from efficacy, speed, and frugality. This notwithstanding, we show that there is a way of extending the right variant of TTB to obtain a very well behaved heuristic that could be used to offer a stronger case for the naturalistic argument (in the sense that if this heuristic is used, it is also a heuristic that we should use). The second part of the article considers attempts to extending the naturalistic argument from algorithms dealing with inference to heuristics dealing with choice. Our focus is the so-called Priority Heuristic, which we extend from risk to uncertainty. In this setting, the naturalist argument seems more difficult to formulate, if it remains feasible at all. Normativity seems in this case extrinsic to the heuristic, whose main virtue seems to be its ability to describe actual patterns of choice. But it seems that a new version of the naturalistic argument used with partial success in the case of inference is unavailable to solve the normative problem of whether we should exhibit the patterns of choice that we actually display. (shrink)