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)

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)

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)

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)

»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.«.

Disputes over the nature of faith, as understood in the Judaeo-Christian tradition, sometimes focus on whether it is to be identified exclusively with trust in God or with loyalty/fidelity to God. Drawing on recent work on the semantic range of the Hebrew ʾĕmûnâ and Greek pistis lexicons, we argue for a multidimensional account of what it is to be a person of faith that includes trust and loyalty in combination. The Trust-Loyalty account, we maintain, makes better sense of the faith (...) of exemplars, including Abraham, and fits well with the biblical language of faith. Further, a normatively appropriate combination of trust and loyalty towards others is a recognizable social virtue, aimed at promoting flourishing relationships. Finally, we consider how to make sense of ancient and modern exemplars of faith who protest against God, such as Job and Elie Wiesel, and argue that the Trust-Loyalty view is uniquely well suited to accommodate them. (shrink)

A moral-pragmatic argument for a proposition is an argument intended to establish that believing the proposition would be morally beneficial. Since such arguments do not adduce epistemic reasons, i.e., reasons that support the truth of a proposition, they can seem at best to be irrelevant epistemically. At worst, believing on the basis of such reasoning can seem to involve wishful thinking and intellectual dishonesty of a sort that that precludes such beliefs from being epistemically unjustified. Inspired by an argument from (...) William James’ classic, “The Will to Believe”, I argue that there is a way of making sense of moral-pragmatic arguments such that they are epistemically relevant. I develop and argue for a theory of epistemic justification that I dub the “moral encroachment theory” (emphasizing its connection to recent pragmatic encroachment views). According to the theory, moral considerations can raise or lower epistemic standards from where they would be in morally neutral settings. The moral encroachment theory, I contend, denotes a normative property that is at once distinctively epistemic and valuable. The theory also allows a legitimate role for moral-pragmatic reasoning under certain conditions. The upshot is that moral-pragmatic reasoning can be epistemically as well as morally appropriate. (shrink)

This article questions some assumptions in legal, moral and political theory regarding the law’s ways of functioning. As the constant revival of the topos ‘living law’ shows, underlying common models of law, and of the legitimacy of law, is, though often implicitly, the view that law is or should be particular, near to the facts, flexible, susceptible to realities, and as a consequence accessible to modernisations. However, this article proposes an immanent critique of similar hopes or fears, and it argues (...) that modern positive law can not be responsive to any other ‘order’ or context because it constitutes an order of its own. The article seeks to give an explanation of the specific character and forms of the juridical operating and to explain more specifically how decisions are produced. The article in this regard also investigates the importance and role of imagination, fiction and performativity. Underlining the fact that the juridical exceeds legal propositions by asserting itself as a distinct form of social communication, it calls for a shift from the representational to the performative analysis in the study of law. (shrink)

This paper considers an objection to intentionalism (the view that the phenomenal character of experience supervenes on intentional content) based on the phenomenology of blurred vision. Several intentionalists, including Michael Tye, Fred Dretske, and Timothy Crane, have proposed intentionalist explanations of blurred vision phenomenology. I argue that their proposals fail and propose a solution of my own that, I contend, is the only promising explanation consistent with intentionalism. The solution, however, comes at a cost for intentionalists; it involves rejecting the (...) "transparency of experience", a doctrine that has been the basis for the central argument in favor of intentionalism. (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)

»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.«.

Several philosophers have distinguished between three distinct mental states that play a role in visual recognition: experiences, propositional seemings, and beliefs. I clarify and offer some reasons for drawing this three-fold distinction, and I consider its epistemological implications. Some philosophers have held that propositional seemings always confer prima facie justification, regardless of a particular seeming's relation to experience. I add to criticisms of this view in the literature by arguing that it fails to solve a version of the ‘problem of (...) the speckled hen’. A more promising view holds that propositional seemings confer justification only when appropriately related to experiences. I offer advice for developing such an account. (shrink)

I examine Michel Bitbol’s proposal of a metaphysical counterpart of neurophenomenology, arguing that such a metaphysics should address the issue of the origin of consciousness. This can be accomplished through panqualityism, which conceives of the subject and object of experience as grounded in a flow of pre-phenomenal qualities. I conclude by framing this view in terms of a critical metaphysics that is consistent with the pragmatic and existential dimension of neurophenomenology.

In this paper, I compare various theories of perception in relation to the question of the epistemological and ontological status of the qualities that appear in perceptual experience. I group these theories into two main views: quality externalism and quality internalism, and I highlight their contrasting problems in accounting for phenomena such as perceptual relativity, illusions and hallucinations. Then, I propose an alternative view, which I call qualitative relationism and which conceives of the subject and the object of perceptual experience (...) as essentially related to one another in a process of co-constitution out of fundamental qualities. I lend support to this view by drawing on Husserl’s genetic phenomenology, which I complement with a form of neutral monism. I argue that the investigation of the temporal structure of perceptual experience leads us to find at its heart a qualitative process that is more fundamental than the two relata of perception and that gives rise to them. Then, I extend this account of perception into a general theory of intentionality and experience and I develop its implications into a neutral monist metaphysics. (shrink)

This paper investigates the effects of Buddhist ethics on consumers’ materialism, that is, the propensity to attach a fundamental role to possessions. The literature shows that religion and religiosity influence various attitudes and behaviors of consumers, including their ethical beliefs and ethical decisions. However, most studies focus on general religiosity rather than on the specific doctrinal ethical tenets of religions. The current research focuses on Buddhism and argues that it can tame materialism directly, similar to other religions, and through the (...) specific Buddhist ethical doctrines of the Four Immeasurables: compassion, loving kindness, empathetic joy, and equanimity. The empirical results show the following: (1) Buddhism reduces materialism directly and through some of the Four Immeasurables, and (2) despite the doctrine of non-existence of the self, positive emotions toward the self are still present, and the self absorbs the effects of Buddhist ethics on materialism. The latter finding suggests a “resistance of the self” that is coherent with the idea of a consumer who leverages the self to go beyond it. (shrink)

In this paper, I compare the original version of the enactive view—autopoietic enactivism—with Husserl’s phenomenology, regarding the issue of the relationship between consciousness and nature. I refer to this issue as the “problem of naturalism.” I show how the idea of the co-determination of subject and object of cognition, which is at the heart of autopoietic enactivism, is close to the phenomenological form of correlationism. However, I argue that there is a tension between an epistemological reading of the subject-object correlation (...) that renounces to search for its metaphysical ground, and the enactivist focus on the biological basis of cognition, which seems to imply a view of nature as the metaphysical ground of the conscious mind. A similar problem arises in Husserl’s phenomenology in the contrast between the idea of the fundamental subject-object correlation, the concept of nature as a correlate of transcendental constitution, and the investigation of the corporeal and material grounding of consciousness. I find a way out of this problem by drawing on the distinction between static and genetic phenomenology. I argue that the investigation of the temporality of experience in genetic phenomenology leads us to investigate the metaphysical ground of the subject-object correlation, understood dynamically as co-constitution and co-origination. Then I propose to complement phenomenology and enactivism with a form of neutral monism, which conceives of the co-constitution of subject and object as grounded in a flow of fundamental, pre-phenomenal qualities. (shrink)

This paper explores the epistemology and moral psychology of “therapeutic trust,” in which one trusts with the aim of inspiring greater trust-responsiveness in the trusted. Theorists have appealed to alleged cases of rational therapeutic trust to show that trust can be adopted for broadly moral or practical reasons and to motivate accounts of trust that do not involve belief or confidence in someone’s trustworthiness. Some conclude from the cases that trust consists in having normative expectations and adopting vulnerabilities with respect (...) to the trusted; others that trust involves accepting that someone will prove trustworthy. Although there are, I argue, some genuine cases of rational therapeutic trust, some prominent examples confuse trusting with entrusting and are actually counterexamples to the adopted vulnerabilities and acceptance accounts they have been taken to support. An alternative account, which construes trust in terms of being confident enough to take salient risks on someone’s trustworthiness, makes better sense of therapeutic trust. (shrink)

While there has been considerable interest in the nature of faith and trust in recent philosophical literature, relatively little has been said about what it is for faith or trust to be psychologically stronger or weaker. Drawing on recent accounts of propositional faith by Daniel Howard-Snyder and Lara Buchak, I argue that the strength of one’s faith can vary in two distinct dimensions. The first primarily involves the extent to which one’s confidence motivates one to take risks. The second involves (...) the resilience of the first dimension of strength to possible counterevidence. (shrink)

Qual è il rapporto tra la mente cosciente e la natura? A tale questione fondamentale si può rispondere in modi molto diversi, a seconda di come si concepiscono sia la mente che la natura. Questo lavoro offre una risposta originale, integrando la fenomenologia husserliana e la concezione enattiva all’interno di una prospettiva unitaria chiamata fenomenologia enattiva. Nel percorso qui sviluppato, il lettore troverà un’analisi ricca e aggiornata di alcune tra le questioni più dibattute nella filosofia della mente e nelle scienze (...) cognitive contemporanee: il “problema difficile” della coscienza e il suo rapporto con l’intenzionalità, lo statuto epistemologico e ontologico delle qualità sensibili, la filosofia del colore, il dibattito sulla cognizione incorporata (embodiment) e l’approccio fenomenologico allo studio del mentale. L’autore sviluppa infine una proposta generale che si articola in una metafisica monistico-neutrale, processuale e relazionale della natura e della coscienza. (shrink)

I argue that it is possible to improve and methodologically enrich the pragmatic dimension of neurophenomenology by searching for points of contact and possibilities for integration between its phenomenological grounding and various first-person and embodied methodologies and practices, referring in particular to somatics, somaesthetics, and emersiology.

Many epistemologists accept some version of the following foundationalist epistemic principle: if one has an experience as if p then one has prima facie justification that p. I argue that this principle faces a challenge that it inherits from classical foundationalism: the problem of the speckled hen. The crux of the problem is that some properties are presented in experience at a level of determinacy that outstrips our recognitional capacities. I argue for an amendment to the principle that adds to (...) its antecedent the requirement that the subject have a recognitional capacity with respect to the given property. (shrink)

In this paper, I present the enactive theory of color that implies a form of color relationism. I argue that this view constitutes a better alternative to color subjectivism and color objectivism. I liken the enactive view to Husserl’s phenomenology of perception, arguing that both deconstruct the clear duality of subject and object, which is at the basis of the other theories of color, in order to claim the co-constitution of subject and object in the process of experience. I also (...) extend the enactive and phenomenological account of color to the more general topic of the epistemological and ontological status of sensory qualities (qualia), outlining the fields of enactive phenomenology and enactive ontology. (shrink)