This paper, located in the traditions of Interactional Sociolinguistics (Gumperz 1982) and Social Constructionism (Berger and Luckmann 1966), explores code-switching and identity practices amongst British-born Greek-Cypriots. The speakers, members of a Greek-Cypriot youth organization, are fluent in English and (with varying levels of fluency) speak the Greek-Cypriot Dialect. Qualitative analyses of recordings of natural speech during youth community meetings and a social event show how a new ‘third space’ becomes reified through code-switching practices. By skillfully manipulating languages and styles, speakers (...) draw on Greek-Cypriot cultural resources to accomplish two inter-related things. First, by displaying knowledge of familiar Greek-Cypriot cultural frames, they establish themselves as different from mainstream British society and establish solidarity as an in-group. Secondly, by using these frames in non-serious contexts, and at times mocking cultural attitudes and stereotypes, they challenge and re-appropriate their inherited Greek-Cypriot identity, thereby constructing the identity of British-born Greek-Cypriot youth. (shrink)

The Collected Essays of John Finnis brings together 106 papers, including nearly two dozen previously unpublished works. Thematically arranged, the five volumes provide a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century.

For over forty years John Finnis has pioneered the development of a new classical theory of natural law, a systematic philosophical explanation of human life that offers an integrated account of personal identity, practical reason, morality, political community, and law. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and practical reason, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, (...) and sexual morality have been a powerful, and controversial exposition of the practical implications of his theory of natural law. The Collected Essays of John Finnis brings together 122 papers. Thematically arranged, the five volumes provide ready access to his contributions across central areas of modern practical philosophy - the philosophy of practical reason; the philosophy of personal identity and intention; political philosophy; the philosophy of law; and the philosophy of revelation and the role of religion in public life. Fully cross-referenced, cross-indexed, and introduced by the author, the Collected Essays reveal the connections and coherence of the different branches of Finnis' work, showing the full picture of his philosophical contribution for the first time. Covering topics from the nature of divine revelation, the morality of abortion, to the adoption of Bills of Rights, the work in these volumes offer a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century. Together with the new edition of Natural Law and Natural Rights, they will be an essential resource for all those engaged with the philosophy of law and broader questions in practical philosophy. (shrink)

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

Moral Absolutes sets forth a vigorous but careful critique of much recent work in moral theology. It is illustrated with examples from the most controversial aspects of Christian moral doctrine, and a frank account is given of the roots of the upheaval in Roman Catholic moral theology in and after the 1960s.

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

Katerina Deligiorgi offers a contemporary defence of autonomy which is Kantian but engages closely with recent arguments about agency, morality, and practical reasoning.

Sound-symbolism is the nonarbitrary link between the sound and meaning of a word. Japanese-speaking children performed better in a verb generalization task when they were taught novel sound-symbolic verbs, created based on existing Japanese sound-symbolic words, than novel nonsound-symbolic verbs (Imai, Kita, Nagumo, & Okada, 2008). A question remained as to whether the Japanese children had picked up regularities in the Japanese sound-symbolic lexicon or were sensitive to universal sound-symbolism. The present study aimed to provide support for the latter. In (...) a verb generalization task, English-speaking 3-year-olds were taught novel sound-symbolic verbs, created based on Japanese sound-symbolism, or novel nonsound-symbolic verbs. English-speaking children performed better with the sound-symbolic verbs, just like Japanese-speaking children. We concluded that children are sensitive to universal sound-symbolism and can utilize it in word learning and generalization, regardless of their native language. (shrink)

Laruelle's version of Marxism is termed "non-Marxism" whereby the "non-" is stated to stand for bracketing out Marxism's "philosophical sufficiency" and seeking to radicalise Marxism. It stands for the Laruellian non-philosophical variant of Marxism. It is precisely the non-philosophical use of Marx that has enabled the analysis at hand, demonstrating that at the heart of patriarchy and capitalism stands philosophical reason and its treatment of the Animal (both human and non-human). Women are de-realised even as use value and what is (...) exchanged in patriarchy is abstraction or the commodified femininity, which serves the multiplication of the surplus value or rather the pure value of masculinity. Just as the “C” in the M-C-M formula can be expunged as it is a mere relay for the endless repetition of the M-M automaton, so, to paraphrase Marx, because not an atom of matter enters the composition of woman as commodity, the material woman can be excluded from the equation P(hallus)-P(hallus). The less physicality in the pure value of femininity the more perfect the finite automaton of patriarchy. The fetishised femininity, as any form of commodity, is reified abstraction. The token of femininity is exchanged only in order for masculinity to engender itself. Masculinity (or the pure value of the Phallus), speculative reason, and rationalism are endowed with the same contempt for the physical, narcissistic circularity of thought and disgust for the woman outside the signifying automaton of fetishisation. (shrink)

This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Aquinas' thought, combining an accessible, historically-informed account of his work with an assessment of his central ideas and arguments. John Finnis presents a richly-documented critical review of Aquinas's thought on morality, politics, law, and method in social science. Unique in his coverage of Aquinas's primary and secondary texts and his own vigorous argumentation on many themes, the author focuses on the philosophy (...) in Aquinas's texts, and demonstrates how this interconnects with the theological elements. Professor Finnis shows how Aquinas, despite some medieval limitations, makes clear and profound contributions to present debates. (shrink)

Linking theses of Plato, Wittgenstein, and Weber, section I argues that identification of central cases and settling of focal meanings depend upon the theorist's purpose and, in the case of theory about human affairs—theory adequately attentive to the four irreducible orders in which human persons live and act—upon the purposes for which we intelligibly and intelligently act. Among these purposes, primacy is to be accorded to purposes which are, as best the theorist can judge, reasonable and fit to be adopted (...) by anyone, the theorist included. Section II defends the reasonableness of practical and moral judgments, against Michael Perry's ultimately nihilist claims that egoism's challenge to moral normativity has gone unanswered and that “reason for A” does not entail “reason for” anyone else. Section III takes up Steven Smith's suggestion that such subjectivism is encouraged by the talk in Natural Law and Natural Rights of “pursuing goods,” talk which is individualistic and neglectful of persons, inimical to an understanding of friendship, and impotent in the face of egoism. Here as elsewhere the key is to grasp that understanding any basic or intrinsic human good is to understand it as good for anyone like me and thus—since as I instantiate and embody a universal, viz. human being—as a good common to anyone and everyone. Section IV argues that common good gives reason for exercise and acceptance of authority, and for allegiance, even in time of breakdown. Section V argues that natural law theory is no more dependent on affirming God's existence than any other theory is, in any of the four orders of theory, but equally that is not safe for atheists. For, like any other sound theory, it suggests and is consistent with questions and answers about its grounds, in this case about the source of its normativity and of the human nature that its normative universals presuppose and affirm; and the answers are those argued for, too abstemiously, in the last chapter of NLNR and, more adequately, in the equivalent chapter of Aquinas. (shrink)

Eleven scholars present a collaborative commentary on the first book of Aristotle's Physics. This text is central to Aristotle's studies of the natural world and the principles of physical change. He formulates his theory on the basis of critical examination of hispredecessors' views, so the book is also a key source for early Greek philosophy.

The main theme of this book is the challenge to ethics from philosophical scepticism and from contemporary forms of consequentialism.

Kant's conception of autonomy presents the following problem. If, following Kant's explicit lead, we consider autonomy as the universal principle of morality and ground of the actions of rational beings (e.g. G 4:452), then self-legislation is best understood as a prescription by reason to itself. Applied to individual cases of willing, the term 'autonomy' describes the bringing of a set of practical attitudes under rational legislation. Agents may count as autonomous then, insofar as and only to the extent that they (...) are able to implement reason's prescription. This is the bare Kantian picture. The problem, as Schiller originally put it, is that this is also a picture of self-alienation, since parts of one's identity, feelings, emotions, and attachments, are kept at arm's length and treated with suspicion (e.g. AW XXb: 280). Schiller's point is that there must be something that makes autonomy different from mere rationomy. For Schiller this matters because he thinks that a rationalist prescriptive ethic is deeply unattractive and because, anticipating contemporary theories of personal autonomy, he wants to defend an integrative conception of autonomous agency. No such further commitments are needed, however, to see that the bare picture needs adding to it, to show how the principle of reason's self-legislation not only has a grip on individual agents, but also can express their autonomy. (shrink)

Nuclear deterrence requires objective ethical analysis. In providing it, the authors face realities - the Soviet threat, possible nuclear holocaust, strategic imperatives - but they also unmask moral evasions - deterrence cannot be bluff, pure counterforce, the lesser evil, or a step towards disarmament. They conclude that the deterrent is unjustifiable and examine the new question of conscience that this raises for everyone.

Interpretations of Hegel’s social and political thought tend to present Hegel as critic of modern individualism and defender of institutionalism or proto-communitarianism. Yet Hegel has praise for the historically emancipatory role of individualism and gives a positive role to individuals in his discussion of ethics and the state. Drawing on Hegel’s analysis of the category of ‘individual’ in his Logic, this chapter shows that Hegel criticizes the conception of ‘individual’ as a simple and argues instead that it is a term (...) in need of specification or completion. Hegel’s revisionary logic of the category of ‘individual’ is both interesting in itself and useful as an interpretative tool, because it shows the consistency of his various statements about individuals in his practical philosophy. (shrink)

Pufendorf makes a clear distinction between the physical constitution of human beings and their value as human beings, stressing that the latter is justified exclusively by the regular use of the free will. According to Pufendorf, the regular use of free will requires certain inventions (divine as well as human) imposed on the free will and called moral entities. He claims that these inventions determine the moral quality of a human being as well as the standards according to which human (...) beings and their actions are able to be judged. This article examines the normative aspects of Pufendorf’s concepts of moral value and moral estimation in regard to the epistemological question of the accessibility of moral entities for human beings. In the first part, it reconstructs Pufendorf’s doctrine of moral entities and the place of moral estimation in this doctrine. In the second part, it presents Pufendorf’s account of the moral philosophy as a science in order to explain his theory of moral normativity as imposed, and the role of a person in regard to the own moral status. In the last part, it illustrates some consequences in regard to the problem of slavery in Pufendorf. (shrink)

Cognitive and emotional processes are now known to be intertwined and thus the limbic system that underlies emotions is important for human brain evolution, including the evolution of circuits supporting language. The neural substrates of limbic functions, like motivation, attention, inhibition, evaluation, detection of emotional stimuli and others have changed over time. Even though no new, added structures are present in the human brain compared to nonhuman primates, evolution tweaks existing structural systems with possible functional implications. Empirical comparative neuroanatomical evidence (...) is presented here in support of such changes in the limbic system, including the amygdala and the orbitofrontal cortex. Given their possible functional significance, these alterations may further enable and enhance human interest and motivation to communicate beyond what is seen in other primates living in complex social groups. The argument here is that even though emotion processing is likely needed for increased social complexity independent of language, the reason why humans want to talk may be related in part to the enhancement of socioemotional processes resulting from the reorganization and rewiring of underlying neural systems some of which are interconnected to the language areas. Neurodevelopmental disorders in humans affecting both language and sociability fuel such arguments. (shrink)

(2017) 'Interest and Agency', in Gabriel, Markus and Rasmussen, Anders Moe (eds.) German Idealism Today. De Guyter Verlag. -/- Abstract: Undeterred by Kant’s cautionary advice, contemporary defenders of free will advance substantive metaphysical theses in support of their views. This is perhaps unsurprising given the mixed reception of Kant’s solution of the conflict between freedom and natural necessity, which is supposed to vindicate reason’s withdrawal from speculation. Kant argues that neither libertarians nor determinists can win, because they deal with concepts (...) of unrestricted scope, and proposes instead to regiment the reference conditions of each concept and to specify the domain, ‘world’, proper to each. However, the precise character of this solution, its conceptual and metaphysical commitments, continues to be a matter of controversy among Kant scholars. In particular, there is ever-renewed concern about the incipient dualism of the position. Although I will be examining some of this material, my primary aim in this paper is not to make a contribution to the interpretative debate about the antinomy. Rather, I want to draw on two lessons from Kant’s treatment of the antinomy to argue for the importance of a certain way of putting the problem of human freedom. (shrink)

Hutto and Satne, Philosophia propose to redefine the problem of naturalizing semantic content as searching for the origin of content instead of attempting to reduce it to some natural phenomenon. The search is to proceed within the framework of Relaxed Naturalism and under the banner of teleosemiotics which places Ur-intentionality at the source of content. We support the proposed redefinition of the problem but object to the proposed solution. In particular, we call for adherence to Strict Naturalism and replace teleosemiotics (...) with autopoietic theory of living beings. Our argument for these adjustments stems from our analysis of the flagship properties of Ur-intentionality: specificity and directedness. We attempt to show that the first property is not unique to living systems and therefore poses a problem of where to place a demarcation line for the origin of content. We then argue that the second property is a feature ascribed to living systems, not their intrinsic part and therefore does not form a good foundation for the game of naturalizing content. In conclusion we suggest that autopoietic theory can not only provide a competitive explanation of the basic responding of pre-contentful organisms but also clarify why Ur-intentionality is attributed to them in such an intuitive manner. (shrink)

The articles contained in this collection look at the displacements, upheavals and dislocations in the traditional definition of obligation as experienced in the 18th and early 19th centuries from the perspective of the humanities and cultural studies. The works in this volume not only focus on Kantian moral philosophy, as the pinnacle of a specific modern development, but also examine the diverse other concepts of obligation and how they were formulated through literature, aesthetics, politics and pedagogy.

Byzantine philosophy is an almost unexplored field. Being regarded either as mere scholars or as primarily religious thinkers, Byzantine philosophers, for the most part, have not been studied on their own philosophical merit, and their works have hardly been scrutinized as works of philosophy. Thus, although distinguished scholars in the past have tried to reconstruct the intellectual life of the Byzantine period, there is no question that we still lack even the beginnings of a systematic understanding of the philosophy of (...) the Byzantines.Byzantine Philosophy and its Ancient Sources is conceived as a concerted attempt in this direction. It examines the attitude the Byzantines took towards the ancient philosophical tradition and the specific ancient sources which they relied upon to form their theories. But did the Byzantines merely copy ancient philosophers or interpret them the way they already had been interpreted in late antiquity? Does Byzantine philosophy as a whole lack a distinctive character which differentiates it from the previous periods in the history of philosophy?Eleven scholars, representing different disciplines from philosophy and history to classics and medieval studies, approach these questions by thoroughly investigating particular topics which give us some insight as to the directions in which we should look for possible answers. These topics range, in modern terms, from philosophy of language, theory of knowledge, and logic, to political philosophy, ethics, natural philosophy, and metaphysics. The philosophers whose works our contributors study belong to all periods from the beginnings of Byzantine culture in the fourth century to the demise of the Byzantine Empire in the fifteenth century. (shrink)

In this essay, I propose that DNA‐binding anti‐cancer drugs work more via chromatin disruption than DNA damage. Success of long‐awaited drugs targeting cancer‐specific drivers is limited by the heterogeneity of tumors. Therefore, chemotherapy acting via universal targets (e.g., DNA) is still the mainstream treatment for cancer. Nevertheless, the problem with targeting DNA is insufficient efficacy due to high toxicity. I propose that this problem stems from the presumption that DNA damage is critical for the anti‐cancer activity of these drugs. DNA (...) in cells exists as chromatin, and many DNA‐targeting drugs alter chromatin structure by destabilizing nucleosomes and inducing histone eviction from chromatin. This effect has been largely ignored because DNA damage is seen as the major reason for anti‐cancer activity. I discuss how DNA‐binding molecules destabilize chromatin, why this effect is more toxic to tumoral than normal cells, and why cells die as a result of chromatin destabilization. (shrink)

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

This article discusses findings of a qualitative study on strategies of othering observed in anti-immigrant discourse, by analysing selected examples from the UK and Polish media, together with data collected from interviews with migrants. The purpose is to identify discursive strategies of othering, which aim to categorise, denigrate, oppress and ultimately reject the stigmatised or racialised ‘other’. We do not offer a systematic comparison of the data from the UK and Poland; instead, we are interested in what is common in (...) the discursive practices of these two countries/contexts. In using newspaper together with interview data, we are combining representation and experience in identifying not only strategies of othering, but also how these are perceived by and affect the othered individuals. The paper uses the following data: 40 newspaper articles – 20 from the UK and 20 from Poland, and 19 interviews – 12 from Poland and 7 from the UK. The analysis that follows identifies five shared strategies of othering: a) Stereotyping; b) Whiteness as the norm; c) Racialisation; d) Objectification; e) Wrongly Ascribed Ethnicity. We conclude with the research limitations and outlining possible next stages, such as working with a larger corpus, investigating frequency, or including other media genres. (shrink)

In his Foundations of a General Theory of Manifolds, Georg Cantor praised Bernard Bolzano as a clear defender of actual infinity who had the courage to work with infinite numbers. At the same time, he sharply criticized the way Bolzano dealt with them. Cantor’s concept was based on the existence of a one-to-one correspondence, while Bolzano insisted on Euclid’s Axiom of the whole being greater than a part. Cantor’s set theory has eventually prevailed, and became a formal basis of contemporary (...) mathematics, while Bolzano’s approach is generally considered a step in the wrong direction. In the present paper, we demonstrate that a fragment of Bolzano’s theory of infinite quantities retaining the part-whole principle can be extended to a consistent mathematical structure. It can be interpreted in several possible ways. We obtain either a linearly ordered ring of finite and infinitely great quantities, or a partially ordered ring containing infinitely small, finite and infinitely great quantities. These structures can be used as a basis of the infinitesimal calculus similarly as in non-standard analysis, whether in its full version employing ultrafilters due to Abraham Robinson, or in the recent “cheap version” avoiding ultrafilters due to Terence Tao. (shrink)

In this chapter I seek to examine the credibility of Finnis’s basic stance on Aquinas that while many neo-Thomists are meta-ethically naturalistic in their understanding of natural law theory (for example, Heinrich Rommen, Henry Veatch, Ralph McInerny, Russell Hittinger, Benedict Ashley and Anthony Lisska), Aquinas’s own meta-ethical framework avoids the “pitfall” of naturalism. On examination, the short of it is that I find Finnis’s account (while adroit) wanting in the interpretation stakes vis-à-vis other accounts of Aquinas’s meta-ethical foundationalism. (...) I think that the neo-Thomists are basically right to argue that for Aquinas we cannot really understand objective truths about moral standards unless we derive them from our intellective knowledge of natural facts as given to us by the essential human nature that we have. While I find Finnis’s interpretative position on Aquinas wanting, I go on to argue that his own attachment to non-naturalism is justified and should not be jettisoned. Because I think non-naturalism important to the future tenability of a viable natural law ethics (an ethics that is both cognitive and objectivist), I argue that Finnis should, so to speak, “beef up” his “fundamental option” for non-naturalism and more fully avail himself of certain argumentative strategies available in its defense, argumentative strategies that are inspired by the analytical philosophy of G.E. Moore. (shrink)

Following François Laruelle’s nonstandard philosophy and the work of Judith Butler, Drucilla Cornell, Luce Irigaray, and Rosi Braidotti, Katerina Kolozova reclaims the relevance of categories traditionally rendered “unthinkable” by ...

This volume includes twelve studies by international specialists on Aristotle and his commentators. Among the topics treated are Aristotle's political philosophy and metaphysics, the ancient and Byzantine commentators' scholia on Aristotle's logic, philosophy of language and psychology as well as studies of broader scope on developmentalism in ancient philosophy and the importance of studying Late Antiquity.

The focus of this paper is on E. H. Gombrich's claim that pictorial perception is a case of illusion. My aim is to point out that, on the one hand, the interpretation of this claim that is widely accepted in pictorial theory is not supported by Gombrich's analysis of pictorial perception; and, on the other hand, that the interpretation of the claim that I see as more compatible with Gombrich's analysis is not consistent with relevant facts about our relation to (...) pictures. However, I will argue, Gombrich's elaboration of the claim of illusion is significant to the extent that it highlights important aspects of the system of pictorial representation. (shrink)

Following François Laruelle's nonstandard philosophy and the work of Judith Butler, Drucilla Cornell, Luce Irigaray, and Rosi Braidotti, Katerina Kolozova reclaims the relevance of categories traditionally rendered "unthinkable" by postmodern feminist philosophies, such as "the real," "the one," "the limit," and "finality," thus critically repositioning poststructuralist feminist philosophy and gender/queer studies. Poststructuralist (feminist) theory sees the subject as a purely linguistic category, as always already multiple, as always already nonfixed and fluctuating, as limitless discursivity, and as constitutively detached from (...) the instance of the real. This reconceptualization is based on the exclusion of and dichotomous opposition to notions of the real, the one (unity and continuity), and the stable. The non-philosophical reading of postructuralist philosophy engenders new forms of universalisms for global debate and action, expressed in a language the world can understand. It also liberates theory from ideological paralysis, recasting the real as an immediately experienced human condition determined by gender, race, and social and economic circumstance. (shrink)

Departing from the conventional readings of Karl Marx’s Capital and other of his works, by way of François Laruelle’s “radicalization of concepts,” Katerina Kolozova identifies a theoretical kernel in Marx’s thought whose critical and interpretative force can be employed without reference to its subsequent interpretations in the philosophical mainstream. The latter entails a process of abstracting a philosophical legacy — or rather, of putting it in brackets — and then codifying a history of a learned interpretation established in supposed (...) fidelity to the theoretical project of a “master.” Interpreting the master implies a mastery of doctrinal tools, which results in establishing a catechism of the Logos of the Master. And this catechism interferes, Kolozova argues, with more direct encounters with Marx’s writings. As we know, Marx’s rigorously descriptive language unravels the radical core of capitalist economic processes and, through that unraveling, also reveals capitalism’s necessary exploitation and subjugation of human labor. Toward a Radical Metaphysics of Socialism attempts to recuperate and emancipate the notion of metaphysics in this scenario by virtue of radicalizing thought’s encounter with the Real. Kolozova argues that this metaphysical drama is at the origin of the social and economic injustices of contemporary global economic-political realities, and she illustrates this state of affairs in discussions of the problem of wage labor, automated speculation as the core of late capitalism, the post-2008 financial crisis, the status of technology in late capitalism, sexual difference and gender, and the human and non-human body’s subjugation capitalist automation. (shrink)

The potential of surveillance practices to undermine the presumption of innocence is a growing concern amongst critics of surveillance. This paper attempts to assess the impact of surveillance on the presumption of innocence. It defends an account of the presumption of innocence as a protection against wrongful criminalisation against alternatives, and considers both the ways in which surveillance might undermine that protection and the—hitherto overlooked—ways in which it might promote it. It draws on empirical work on the causes of erroneous (...) convictions to suggest that surveillance can be used in ways that prevent innocent people being erroneously charged and convicted with crimes, by providing a source of exculpatory evidence for use in police investigations. It is argued that surveillance practices do not necessarily undermine the presumption of innocence but can be reformed in ways that both reduce the risk that they will cause wrongful criminalisation and increase their power to protect those already under suspicion. (shrink)

The essay concerns the highly controversial pamphlet of Rosa Luxemburg The Russian Revolution, in which Luxemburg criticizes Lenin’s post-revolutionary policies, in particular his dissolution of the Constituent Assembly, an elected body. The essay reviews the history of the text’s publication and the intense debate, which continues to this day, over whether or not Luxemburg changed her mind on its central critique. At stake in the argument is not only Luxemburg’s evaluation of Lenin’s actions but also the correct weighting to be (...) given to the two components in the central Marxist–Leninist dialectic of revolution: spontaneity and consciousness. In elaborating this point the essay brings in examples from the writings of Lukács and Stalin, and also discusses the dialectic’s centrality in socialist realism. (shrink)

Judges and lawyers believe that international law, customary law, and legal systems such as the Third Reich or apartheid law in South Africa are law. But how do we explain the fact that there is one concept of law when there are different conceptions of law with a variety of different features? Finnis, inspired by the Aristotelian notion of central case, adumbrates the idea that the concept of law might be unified by a primary concept which is the concept (...) of “law as practical reason”; that is, law conceived from an ethical perspective. He advances two arguments to defend his methodology: the conceptual and the functional. Contra Finnis, the paper shows that neither the conceptual nor the functional argument can successfully support the view that “law as practical reason” is the central case of the concept of law. The study clarifies the Aristotelian notion of central case and illustrates the mistaken application of this notion to the concept of law. However, we also argue that Finnis's insight–the idea that all the different conceptions of law might be unified for the purposes of theoretical research–is fundamental and appealing. This paper aims to reconstruct Finnis's insight through the model of core resemblance. The result is that the different conceptions of law can be unified by resemblance to the concept of “law as practical reason,” though there is no identity among the different conceptions of law. (shrink)

Despite its historical focus on aberrant behavior, sexology barely dealt with sexual deviants in 1950s Czechoslovakia. Rather, sexologists treated only isolated instances of deviance. The rare cases that went to court appeared mostly because they hindered work or harmed the national economy. Two decades later, however, the situation was markedly different. Hundreds of men were labeled as sexual delinquents and sentenced for treatment in special sexological wards at psychiatric hospitals. They endangered society, so it was claimed, by being unwilling or (...) unable to conform to the family norm. The mode of subjection shifted from work to family. I analyse this change by using the tools of Gil Eyal’s sociology of expertise, which focuses on shifts in institutional matrices that bring forth new groups of agents creating new expert networks. I argue that sexology became profoundly institutionalized in the early 1970s, which brought the discipline closer to psychiatry and forensic science. New inpatient facilities were opened that could admit sentenced sexual deviants. Also, demographic changes accelerated in the 1960s, especially skyrocketing divorce rates and plummeting birth rates, which made it imperative for the government to focus on cementing the family. After the failed attempts of the Prague Spring in 1968, the new pro-Soviet government of communist Czechoslovakia did just that. During the time dubbed as ‘normalization’ by the new elites, anyone who strayed from the family norm was suspected of deviance. (shrink)

Is surveillance that is targeted towards specific individuals easier to justify than surveillance that targets broad categories of people? Untargeted surveillance is routinely accused of treating innocent people as suspects in ways that are unfair and of failing to pursue security effectively. I argue that in a wide range of cases untargeted surveillance treats people less like suspects than more targeted alternatives. I also argue that it often deters unwanted behaviour more effectively than targeted alternatives, including profiling. In practice, untargeted (...) surveillance is likely to be least costly morally and most efficient when used as a means of enforcing the rules of a specific activity or institution. Targeted alternatives are likely to be more appropriate means of law enforcement. (shrink)

Finnis’s theory of law distinguishes between law in the focal sense and law in the legal sense. Law in the focal sense is law that promotes the common good. Citizens may appeal to considerations of...