Feizi 韓非子 in terms of the concept of shi 勢 (circumstantial advantage, power, or authority). This argument is based on the A Critique of Circumstantial Advantage (Nanshi 難勢) chapter of the Hanfeizi, where Han Feizi advances his own idea of shi after criticizing both Shen Dao and an anonymous Confucian. However, there are other primary sources to contain Shen Dao’s thought, namely, seven incomplete Shenzi 慎子 chapters of the Essentials on Government from the Assemblage of Books (Qunshu zhi yao 群書治要) (...) and other fragments preserved in other Chinese texts. This article examines the Shenzi fragments in order to ask whether Shen Dao stresses the concept of shi. (shrink)

Hobbes is commonly treated as a foundational figure for liberalism. This familiar view relies on emphasizing his account of the relationship between rights bearing individuals and state power. By contrast, this essay centers the practical question of how to govern, and develops this perspective to both question Hobbes's supposed liberalism and to demonstrate the utility of construing liberalism as more than a set of philosophical arguments regarding subject-state relations. In particular, understanding liberalism in terms of political technique offers a new (...) perspective on the relationship between liberalism and republicanism. (shrink)

Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...) rules which constitute valid performance of conventional activities. In an extra-directival sense these principles may be understood as models-descriptions of shaping the system of criminal law. From a theoretical and practical point of view principles addressed to the legislator are extremely weighty—they can be called rules constructing the system of criminal liability. These all problems are discussed in the article. (shrink)

In The Leviathan in the state theory of Thomas Hobbes, Carl Schmitt puts forward the claim that there is a ?barely visible crack? in Hobbes's theory of the state that opened the door to liberal constitutionalism. This essay claims that Schmitt's ?thesis of the crack? is composed of two elements: first, Schmitt argues that Hobbes makes a concession to individual conscience in his discussion of miracles; second, Schmitt points out that Hobbes's individualism undermines his notion of the absolute state. As (...) Schmitt relies on an unconvincing critique of Hobbes's discourse on miracles in order to justify his more general claim against Hobbes's authoritarianism, this essay suggests that Schmitt's ?thesis of the crack? is untenable in the form that Schmitt presented it in 1938. An attempt, however, is made to salvage ?the thesis of the crack? by turning to concepts found in Schmitt's Concept of the political and in Political theology. Although Schmitt openly approved of the so?called protection/obedience principle, this essay claims that there are a number of crucial differences between Schmitt's formulation of that principle and Hobbes's own version; an examination of these differences enables us (i) to appreciate the consequences of Hobbes's individualism on his theory of the state and (ii) to shed new light on Howard Warrender's famous claim that Hobbes's sovereign is inherently weak. The essay concludes that in spite of Schmitt's fallacious formulation of the ?thesis of the crack? of 1938, his political theory affords us a rare vantage point from which we can clearly see a case against the association of Hobbes with authoritarianism. (shrink)

Liberal political thought is underwritten by an enduring fear of civil and state violence. It is assumed within liberal thought that self?interest characterises relations between individuals in civil society, resulting in violence. In absolutist doctrines, such as Hobbes?, the pacification of private persons depended on the Sovereign's command of a monopoly of violence. Liberals, by contrast, sought to claim that the state itself must be pacified, its capacity for cruelty (e.g., torture) removed, its capacity for violence (e.g., war) reduced and (...) controlled. A core tension within liberal thought thus arises between containing civil violence by empowering the state and containing state violence by constraining the state. One result of this tension is the highly selective conception of ?pacification? within liberalism, which, historically, has accommodated indifference to endemic violence, both within civil society, and beyond civil society ? as in (past) arguments licensing imperialism and in (present) arguments for disciplining ?rogue? states. (shrink)

La democracia, entendida como el horizonte moral de la sociedad occidental, ¿necesita la terminación de la filosofía como saber fundante último? ¿Conllevan todos los relatos del fin de la filosofía una derrota de la verdad en favor de la opinión, una transformación y subordinación del propio discurso filosófico a la forma de convivencia que se considera más justa, más abierta, más inclusiva? Dicho de otra manera, ¿la pregunta sobre qué tipo de vocabulario y de acercamiento filosófico puede servir mejor a (...) la libertad humana tiene que ser la pregunta filosófica fundamental? ¿Habría que hacerle entonces a la filosofía las mismas terroríficas preguntas que Lenin le hizo a la libertad: filosofía sí, pero, ¿para quién, para hacer qué? A lo largo de este ensayo, se abordan estas cuestiones de la mano de dos relatos que teorizan el final de la filosofía con más de cuatrocientos años de diferencia. el primer relato es obra de Thomas Hobbes. el segundo, lo protagonizan Gianni Vattimo y Richard Rorty. el juego de espejos que se estable en el texto entre ambas narrativas quiere ser una reflexión sobre la identidad del discurso filosófico y su implementación en la institución universitaria en el marco de las democracias del siglo XXI. (shrink)

Taking the use of the logos in Ratzinger's Regensburg Lecture as its starting point, the thesis expands three horizons in Ratzinger studies. Firstly, it extends the understanding of Ratzinger as the author of a logos theology. Secondly, it shows how the Regensburg theme of the full breadth of reason, represented by the logos, is applied by Ratzinger in a critique of secular modernity. Thirdly, it claims that the logos theology of Joseph Ratzinger can provide a repair of the culture of (...) human rights. The thesis argues that if human rights are set exclusively within the framework of secular modernity, they fall sick and fail to meet the criterion of inclusivity and universality. Set within the framework of a Ratzingerian logos theology, their power is strengthened and their promise of inclusivity and universality restored. The thesis calls for a mutually reparative dialogue about human rights, based on the full breadth of reason, between the three constituencies of Christianity, the religions and secular modernity. The thesis concludes that the Regensburg Lecture, far from damaging the dialogue with Islam, and with secular modernity, opens up a new intercultural bridge based on a mutually enriching engagement with a logos-based culture of human rights. (shrink)