The emergence of modern sciences in the seventeenth century profoundly renewed our understanding of Nature. For the last three centuries new ideas of Nature have been continuously developed by theology, politics, economics, and science, especially the sciences of the material world. The situation is even more unstable today, now that we have entered an ecological mutation of unprecedented scale. Some call it the Anthropocene, but it is best described as a new climatic regime. And a new regime it certainly is, (...) since the many unexpected connections between human activity and the natural world oblige every one of us to reopen the earlier notions of Nature and redistribute what had been packed inside. So the question now arises: what will replace the old ways of looking at Nature? This book explores a potential candidate proposed by James Lovelock when he chose the name "Gaia" for the fragile, complex system through which living phenomena modify the Earth. The fact that he was immediately misunderstood proves simply that his readers have tried to fit this new notion into an older frame, transforming Gaia into a single organism, a kind of giant thermostat, some sort of New Age goddess, or even divine Providence. In this series of lectures on "natural religion", Bruno Latour argues that the complex and ambiguous figure of Gaia offers, on the contrary, an ideal way to disentangle the ethical, political, theological, and scientific aspects of the now obsolete notion of Nature. He lays the groundwork for a future collaboration among scientists, theologians, activists, and artists as they, and we, begin to adjust to the new climatic regime. (shrink)

This paper explores what is apparently a non-topic for Luhmann. Luhmann is preoccupied with decision-making rather than with judgment. The paper argues that Luhmann, attempting to find a way out of the dilemma between the fundamentalism of positivistic legal theory and the relativism of anti-foundationalist post-modern thinking, presents the epistemological–ethical doublet of a “self-binding” of the law. In this bootstrapping manoeuvre decision plays the central part. The paper begins by examining judgment in its relation to decision as considered by non-system-theoretical (...) thinking. Against that background it unfolds the distinction between distinction, form and decision in systems theory and in the system-theoretical observation of the law. The article then discusses Luhmann’s description of the functioning of decision(-making) within the legal system. The hypothesis is that Luhmann blends here cognitive with ethical aspects. Finally, the article addresses Luhmann’s polemics against alternative approaches to his own. The suggestion is that ‘judgment’, in Luhmann’s systems theory, re-enters by the back door as an ethical–theoretical imperative that commands theory’s responsibility for society and law. (shrink)

Giordano Bruno.--La cena de le ceneri.--De la causa, principio e uno.--De l'infinito, universi e mondi.--Spaccio de la bestia trionfante.--De gli eroici furori.--Accusa e condanna di Bruno.--Nota bibliografica (p. 313-315).

The analysis of genetic and epigenetic mechanisms of the genotype–phenotypic connection has, so far, only been possible in a handful of genetic model systems. Recent technological advances, including next‐generation sequencing methods such as RNA‐seq, ChIP‐seq and RAD‐seq, and genome‐editing approaches including CRISPR‐Cas, now permit to address these fundamental questions of biology also in organisms that have been studied in their natural habitats. We provide an overview of the benefits and drawbacks of these novel techniques and experimental approaches that can now (...) be applied to ecological and evolutionary vertebrate models such as sticklebacks and cichlid fish. We can anticipate that these new methods will increase the understanding of the genetic and epigenetic factors influencing adaptations and phenotypic variation in ecological settings. These new arrows in the methodological quiver of ecologist will drastically increase the understanding of the genetic basis of adaptive traits – leading to a further closing of the genotype–phenotype gap. -/- . (shrink)

Fichte assigns ‘intellectual intuition’ a new meaning after Kant. But in 1799, his doctrine of intellectual intuition is publicly deemed indefensible by Kant and nihilistic by Jacobi. I propose to defend Fichte’s doctrine against these charges, leaving aside whether it captures what he calls the ‘spirit’ of transcendental idealism. I do so by articulating three problems that motivate Fichte’s redirection of intellectual intuition from being to acting: (1) the regress problem, which states that reflecting on empirical facts of consciousness leads (...) only to further facts and so cannot yield a first principle; (2) the rhapsody problem, which states that the categories form a haphazard set and so lack necessity unless they derive from a first principle; and (3) the nihilism problem, which states that a first principle cannot lie outside our cognition of it, lest it be the cause of our cognition and, being first, the cause of all our actions, reducing us to machines. Crucially, Fichte’s three motivating problems are in fact aspects of a single problem. Leaving any aspect unsolved spoils putative solutions to the other two. Consequently, Fichte requires a single unified solution to all three, which his doctrine of intellectual intuition provides. (shrink)

A precursor to the hard problem of consciousness confronts nihilism. Like physicalism, nihilism collides with the first-personal fact of what perception and action are like. Unless this problem is solved, nature’s inclusion of conscious experience will remain, as Chalmers warns the physicalist, an “unanswered question” and, as Jacobi chides the nihilist, “completely inexplicable". One advantage of Kant’s Copernican turn is to dismiss the question that imposes this hard problem. We need not ask how nature is accompanied by the first-person standpoint (...) because “I think” is an apperceptive form of thinking that must be able to accompany any cognition of nature. Kant’s formal conception of apperception worries Fichte in his Nova Methodo lectures. This conception arguably cannot exhaust the ground of experience, for it does not show why we posit objects “at all". For Fichte, it is our agency that first opens a world of objects, viz., as subjects, means, ends, and obstacles. In what follows, I argue that, for Fichte, the I poses no hard problem because it collides exclusively with nihilistic views like Spinozism, which are refuted by a properly transcendental idealist conception of apperception, according to which the first-person standpoint is the absolute ground of our experience of nature. If transcendental idealism refutes nihilism, nature is no more explicable than that there is something it is like for me to perceive and act. In Section 1, I show why Kantian apperception is necessary for possible experience. In Section 2, I reconstruct Fichte’s argument that a modified conception of apperception refutes guises of nihilism, thereby solving the hard problem of consciousness. In Section 3, I suggest that transcendental idealism undermines Chalmers’ proposed solution to and Dennett’s dismissal of this problem. (shrink)

This paper examines the role of performance in law and music as a structural means of their self-programming construction. Music and law are considered as parallel social practices or performative doings. The paper begins with a critical analysis of the special aesthetical features of present-day juridical practice as exemplified by legal trial and legal expertise. Drawing upon reflections on the modern discourse on aesthetics and art, the article then examines in greater detail the specific traits of performance in law and (...) jazz music. Performative processes move from representation to presentation, from a preoccupation with rules and controlling to induced self-programming. Both law and jazz regard the unknown future as a resource for present decisions by “inventing” new possibilities; both require, expand and promote a responsibility that does not follow from statutes nor can be expressed in a code of ethics. Finally, the article addresses the performance situation in jazz. Jazz being polyphonic and improvisational by nature, improvisation makes explicit tradition by staging the context dependency of its performance. It is mediated by the knowledge, the operational history and the communication of the participants. Jazz is an exercise in the possibilities of an “aesthetics of imperfection” which can open up new ways of seeing law and politics. (shrink)

Ontological pluralism is the view that there are different ways to exist. It is a position with deep roots in the history of philosophy, and in which there has been a recent resurgence of interest. In contemporary presentations, it is stated in terms of fundamental languages: as the view that such languages contain more than one quantifier. For example, one ranging over abstract objects, and another over concrete ones. A natural worry, however, is that the languages proposed by the pluralist (...) are mere notational variants of those proposed by the monist, in which case the debate between the two positions would not seem to be substantive. Jason Turner has given an ingenious response to this worry, in terms of a principle that he calls ‘logical realism’. This paper offers a counter-response on behalf of the ‘notationalist’. I argue that, properly applied, the principle of logical realism is no threat to the claim that the languages in question are notational variants. Indeed, there seems to be every reason to think that they are. (shrink)

In this paper, I propose to use Johan Galtung’s notion of structural violence as aguide for linking society’s problems of processing social meaning to the very idea of law. At the heart of my interest is the discrepancy Galtung sees between real and possible social conditions. I will first focus on the specific character of violence as communication. I will then consider the consequences of the heterogeneity of the languages that law speaks. Law and everyday practice not only refer to (...) actions in different ways, but also constitute different actions through their references. Law thus acquires a double validity: an internal one, based on the consistency of its discourse, and an external one, derived from successful translations of practical certainties. While the former defies the assumption that law can be somehow resonant, the latter paves the way for a critical understanding of law. The final section argues that if practical reason aims to create just conditions, and law is meant to sustain life, its purpose cannot be the mere optimisation of the given. Law must address the totality of possible transformations, exploring contained but not yet realised models. (shrink)

This chapter challenges Cantor’s notion of the ‘power’, or ‘cardinality’, of an infinite set. According to Cantor, two infinite sets have the same cardinality if and only if there is a one-to-one correspondence between them. Cantor showed that there are infinite sets that do not have the same cardinality in this sense. Further, he took this result to show that there are infinite sets of different sizes. This has become the standard understanding of the result. The chapter challenges this, arguing (...) that we have no reason to think there are infinite sets of different sizes. It begins with an initial argument against Cantor’s claim that there are infinite sets of different sizes and then proceeds, by way of an analogy between Cantor’s mathematical result and Russell’s paradox, to a more direct argument. (shrink)

Max Weber ist ein Klassiker der Kultur- und Sozialwissenschaften. Sein Werk gehört weltweit zum Kernbestand von Forschung und Lehre, und dies gilt besonders für seine methodologischen Schriften, denen auch 100 Jahre nach ihrer Publikation nachhaltige Aufmerksamkeit beschieden ist. Allerdings gibt es immer noch kein einvernehmliches Verständnis von Webers Position. Der Grund dafür liegt in der mangelnden Aufarbeitung der Quellen. Viele wichtige Autoren, deren Werke Weber rezipierte, sind in Vergessenheit geraten. Sie in Erinnerung zu rufen, ist dringend notwendig, um seine Wissenschaftslehre (...) in ihrer ganzen Komplexität zu verstehen. 0Das vorliegende Sammelwerk leistet einen Beitrag zur Schließung dieser Forschungslücke. Es rekonstruiert den Denkraum des späten 19. und frühen 20. Jahrhunderts, in dem sich Weber bewegte, und zeigt anhand von Studien zu ausgewählten Autoren, wie umfassend und interdisziplinär sein Denken tatsächlich war. Dabei werden nicht nur Autoren aus den Kultur- und Sozialwissenschaften berücksichtigt, sondern auch solche aus den Naturwissenschaften, denn Weber war mit dem Fortschritt dieser Disziplinen ebenfalls vertraut. (shrink)

In the Vocation of Man, Fichte makes the striking claim that life is eternal, rational, our true being, and the final cause of nature in general and of death in particular. How can we make sense of this claim? I argue that the public lectures that compose the Vocation are a popular expression of Fichte’s pre-existing commitment to what I call immortalism, the view that life is the unconditioned condition of intelligibility. Casting the I as an absolutely self-active or living (...) power enables his philosophical account of both the intelligibility of objects and of what it means to die. This explains his characterization of the Wissenschaftslehre as a system in which ‘all is act, movement, and life’. In Sect. 1, I explain the context of Jacobi’s use of ‘caput mortuum’ as a term for the thing in itself. In Sects. 2 and 3, I reconstruct two immortalist arguments from Fichte’s Jena period. The first is that the I’s self-activity rules out the existence of the thing in itself and thereby vanquishes ‘death’s head’. The second is that, insofar as the I charges us with the moral perfection of nature, it is the final cause of our entire life, including its end. This is to say that the I puts our every moment into question, even our last. In Sect. 4, I use these immortalist arguments to interpret the striking claim from the Vocation. (shrink)

Throughout his career, Schelling assigns knowledge of the absolute first principle of philosophy to intellectual intuition. Schelling's doctrine of intellectual intuition raises two important questions for interpreters. First, given that his doctrine undergoes several changes before and after his identity philosophy, to what extent can he be said to “hold onto” the same “sense” of it by the 1830s, as he claims? Second, given that his doctrine of intellectual intuition restricts absolute idealism to what he calls a “science of reason”, (...) which he says cannot prove the absolute’s existence, what other doctrine does he require in order to prove this? I will answer these questions by tracing the shifts in Schelling’s doctrine of intellectual intuition from the 1790s to the 1830s and drawing out its evolving methodological role within his science of intelligibility. (shrink)

This year marks the 30th anniversary of the publication of Niklas Luhmann’s (1927–1998) magnum opus Soziale Systeme. Grundriss einer allgemeinen Theorie [14]. On the occasion, this Special Issue of the International Journal for the Semiotics of Law celebrates the contribution of Luhmann’s thinking to our understanding of law, justice, and society.Luhmann’s work is wide open for argument. Some consider it the grand unified theory able to completely grasp social reality. Others see nothing but a substantially void conglomeration of analytical constructs (...) and “behaviouristic” descriptions joined together with “pseudo-empirism” [24, pp. 310, 313] or a hermetic ensemble of “self-mystifying semantics” [7, p. 76] supported by sophisticated strategies of pure self-apology. It might seem that the “giant” [1] theorist of the social has encouraged such impressions with pretensions which were “grandiose” in more than one respect [9, 23]. Indeed, readers who encounter systems theory for the first ti. (shrink)

In 1957, Francis Crick outlined a startling vision of life in which the great diversity of forms and shapes of macromolecules was encoded in the one-dimensional sequence of nucleic acids. This paper situates Crick's new vision in the debates of the 1950s about protein synthesis and gene action. After exploring the reception of Crick's ideas, it shows how they differed radically from a different model of protein synthesis which enjoyed wide currency in that decade. In this alternative model, advocated by (...) Linus Pauling and other luminaries, three-dimensional templates directed the folding of proteins. Even though it was always considered somewhat speculative, this theory was supported by a number of empirical results originating in different experimental systems. It was eventually replaced by a model in which the forms and shapes of macromolecules resulted solely from their amino acid sequence, dramatically simplifying the problem of protein synthesis which Crick was attempting to solve in 1957. (shrink)

In Intuition et idéalités: Phénoménologie des objets mathématiques (2020), Dominique Pradelle questioned the nature of mathematical knowledge–the status of math.

Which entities should be accepted as part of the furniture of the world, and which not? What are pseudo-objects, if they are not properly objects? This collection explores the answers given to these questions by some key philosophers throughout the 20th century. It brings together essays by leading scholars on a subject of central importance to both metaphysics and the history of philosophy.".

In the last years, a theological turn had a pervasive influence in the reception of Carl Schmitt’s writings. According to this view, his thought has a strong, substantial religious foundation. With regards to understanding not only Schmitt’s position but also his current influence in authoritarian countries, this essay argues that this interpretation is misleading and proposes a different and comprehensive analysis of Schmitt’s concept of political theology that replaces it in a political-legal framework. Against the theological reading, it argues that (...) Schmitt’s concept of “political theology” refers to his own conception of legal theory as an attempt to relegitimize authority in a secular context. As “political theology,” this legal theory is designed to overcome normativism and parliamentarism by “substantializing” the legal form. Using Schmitt’s post-1933 works as an example, the essay shows that, as theology translates faith into a written doctrine, legal theory must, according to Schmitt, substantialize the legal form by translating the political idea into jurisprudence. Hence, this article concludes that Schmitt’s theory might be described as “political theology” but only in a formal, ideological sense. It is part of an authoritarian theory that is not religious but uses theology to revive an appearance of absolute legitimacy. (shrink)

The concept of facticity denotes conditions of experience whose necessity is not logical yet whose contingency is not empirical. Although often associated with Heidegger, Fichte coins ‘facticity’ in his Berlin period to refer to the conclusion of Kant’s metaphysical deduction of the categories, which he argues leaves it a contingent matter that we have the conditions of experience that we do. Such rhapsodic or factical conditions, he argues, must follow necessarily, independent of empirical givenness, from the I through a process (...) of ‘genesis.’ I reconstruct Fichte’s argument by tracing the origin of his neologism, presenting his Jena critique of Kant’s rhapsodic appeal to the forms of judgment, and illustrating the Jena period’s continuity with the Berlin period’s genetic method, while noting a methodological shift whereby Fichte directs his critique against his own doctrine of intellectual intuition in order to eliminate its ‘factical terms.’. (shrink)

Fichte argues that the conclusion of Kant’s transcendental deduction of the categories is correct yet lacks a crucial premise, given Kant’s admission that the metaphysical deduction locates an arbitrary origin for the categories. Fichte provides the missing premise by employing a new method: a genetic deduction of the categories from a first principle. Since Fichte claims to articulate the same view as Kant in a different, it is crucial to grasp genetic deduction in relation to the sorts of deduction that (...) Kant offers. I propose to interpret genetic deduction as the simultaneous fulfillment of two tasks: answering the question quid facti by deriving the categories from the I and answering the question quid juris by establishing our entitlement to the categories as conditions of experience. While the second task represents Fichte’s agreement with Kant’s transcendental deduction, the first reflects his correction of Kant’s metaphysical deduction. (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

In the Freedom essay, Schelling charges that (1) idealism fails to grasp human freedom’s distinctiveness and that (2) this failure undermines idealism's attempt to refute pantheism, as exemplified by Spinoza. This raises two questions, which I will answer in turn: what, for Schelling, is distinctive of human freedom; and how does the idealists’ failure to grasp it render them unable to refute pantheism? To answer these questions, I will reconstruct Schelling’s argument that freedom has the distinctness of being the unconditioned (...) condition of the world’s intelligibility. My reconstruction will illustrate how Schelling’s notion of freedom as primal will grounds the alleged primacy of practical reason as Kant and Fichte conceive it. I will then consider three objections to Schelling’s argument. Throughout, I will develop the Schellingian idea that freedom is enacted in an unprethinkable decision that cannot be anticipated by any law or principle. (shrink)

»Fichte legt alles Gewicht auf den Weg und die Begründung und nicht auf das, was schon ist, als solches, d.h. auf die darin beschlossene Grundfrage, was das ist -- das endliche Ich, das schon ist --, und wie es denn schon ist. Fichte gibt -- und das ist der Grundzug der Metaphysik als Wissenschaftslehre -- der Gewißheit den Vorzug vor der Wahrheit.«.

»Fichte legt alles Gewicht auf den Weg und die Begründung und nicht auf das, was schon ist, als solches, d.h. auf die darin beschlossene Grundfrage, was das ist -- das endliche Ich, das schon ist --, und wie es denn schon ist. Fichte gibt -- und das ist der Grundzug der Metaphysik als Wissenschaftslehre -- der Gewißheit den Vorzug vor der Wahrheit.«.

General-elimination harmony articulates Gentzen’s idea that the elimination-rules are justified if they infer from an assertion no more than can already be inferred from the grounds for making it. Dummett described the rules as not only harmonious but stable if the E-rules allow one to infer no more and no less than the I-rules justify. Pfenning and Davies call the rules locally complete if the E-rules are strong enough to allow one to infer the original judgement. A method is given (...) of generating harmonious general-elimination rules from a collection of I-rules. We show that the general-elimination rules satisfy Pfenning and Davies’ test for local completeness, but question whether that is enough to show that they are stable. Alternative conditions for stability are considered, including equivalence between the introduction- and elimination-meanings of a connective, and recovery of the grounds for assertion, finally generalizing the notion of local completeness to capture Dummett’s notion of stability satisfactorily. We show that the general-elimination rules meet the last of these conditions, and so are indeed not only harmonious but also stable. (shrink)