My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch why Kelsen (...) actually differentiates Is and Ought and conceives of a relation between both categories. Then I will examine if and in what way the conditio tacita of social peace is implied in the conditions for legal validity. The concluding section will suggest what this implication possibly means for the valuation of the Pure Theory of Law and of its normative concept of the positive legal order. (shrink)

Resumen: El presente artículo es la primera parte de un trabajo que estudia la conexión entre el castigo y las normas en estudios experimentales en economía. Estos asumen que la transgresión de normas de justicia y equidad es la causa de la aplicación del castigo. A pesar de que hay evidencia empírica que refuerza tal conexión, existen razones para pensar que su validez ecológica puede verse socavada debido a ciertos artefactos experimentales. Estos artefactos experimentales se refieren a dos conjuntos de (...) problemas vinculados con la validez ecológica: primero, la “irrelevancia normativa” del castigo, esto es, que los participantes de los juegos económicos experimentales utilizan la opción de castigo por motivos no relacionados a la transgresión de normas; y segundo, la ilegitimidad del castigo, producto de la falta de procedimientos adecuados para la asignación de roles y de la ambigüedad normativa.: This article focuses on the connection between punishment and norms. Experimental studies in economics assume that transgression of norms of justice and equity is the cause of the application of punishment. While such a connection is evident, there are reasons to believe that external validity of such inference may be undermined due to certain experimental artefacts. These experimental artefacts refer to two sets of problems linked to ecological validity: first, the "normative irrelevance" of punishment, that is, that participants in experimental economic games use the option of punishment for reasons unrelated to the transgression of norms; and second, the illegitimacy of punishment, as a result of the lack of adequate procedures to the allocation of roles and normative ambiguity. I conclude with recommendations about how to tackle these problems. (shrink)

Why are the fundamentals of education apparently so little changed in our era of digital technology? Is their obstinate persistence evidence of resilience or obsolescence? Such questions can best be answered not by imagining an uncertain high-tech future, but by examining a well-documented past--a history of instruction and media that extends from Gilgamesh to Google. Norm Friesen looks to the combination and reconfiguration of oral, textual, and more recent media forms to understand the longevity of so many educational arrangements and (...) practices. Friesen examines the interrelationship of reading, writing, and pedagogy in the case of the lecture and the textbook--from their premodern to their postmodern incarnations. Over hundreds of years, these two forms have integrated textual, oral, and (more recently) digital media and connected them with changing pedagogical and cultural priorities. The Textbook and the Lecture opens new possibilities for understanding not only mediated pedagogical practices and their reform but also gradual changes in our conceptions of the knowing subject and of knowledge itself. Drawing on wide-ranging scholarship in fields as diverse as media ecology and German-language media studies, Foucauldian historiography, and even archaeological research, The Textbook and the Lecture is a fascinating investigation of educational media. (shrink)

Norm Phelps has long been one of the leading theoreticians, historians, and strategists of the animal advocacy movement. His new book collects his recent writings on this subject, as well as offers in print for the first time a fully revised and updated version of the e-book he published with Lantern in 2013 (978-1-59056-379-3). Phelps argues that faced with the overwhelming wealth and power of the animal exploitation industries, animal activists are like David trying to stand up to Goliath. But (...) rather than following the unsuccessful strategies of the past, Phelps proposes that we change the game by adopting David's strategy of refusing to play by Goliath's rules. Additional essays explore class and race in animal advocacy, the place of public policy vs. private morality in creating social change, and the unyielding barrier of human exceptionalism. Trenchant, wise, and deeply committed to the reduction of suffering and the liberation of animals, Changing the Game is sure to offer animal advocates much food for thought as the movement charts a way forward for all sentient beings. (shrink)

A culturally influential sub-discipline within literary studies, literary theory has developed in parallel form in other arts and social science disciplines, so that one might refer to "cultural theory" or "social theory" as well, or even just to "theory." It's as familiar as the word "postmodern" and as tricky as "deconstruction." What is it about? What is at stake? Theory is about rationality. This book's title invites two different interpretations of what it might mean to say so. For many, the (...) essence of literary theory is the unmasking and redescription of rationality in other terms. Put ironically, rationality is male; rationality is white; rationality is repression.... The book's title, however, can also be read in a second way. On this reading, rationality itself is the essence of literary theory and central to literature, art, and society. Certain conceptions of what it entails can be problematic; the critique in the first way of reading the title remains relevant. Yet one can affirm rationality as integral to human flourishing, including the processes of producing, analyzing, and enjoying literature, art, and culture. This book provides readers with a clear overview of theory's development and the abiding presence of its concern with the status of rationality across its forms. (shrink)

Social entrepreneurship is not just an objective description of a phenomenon; it also carries a positive normative connotation. However, the academic discourse barely reflects social entrepreneurship’s inherent normativity and often grounds it implicitly on the mission of a social enterprise. In this paper, we argue critically that it is insufficient to ground social entrepreneurship’s inherent normativity on a social mission. Instead, we will show how such a mission-centric conception of social entrepreneurship, when put into practice, is prone to enhance rather (...) than diminish societal grievances. In order to give social entrepreneurship an explicit and sound ethical grounding, we draw on integrative economic ethics as a frame of reference. From this perspective, social entrepreneurship necessitates adherence to the discourse-ethically reasoned moral principle in order to live up to its inherent normative validity claim of good entrepreneurship. The consideration of social entrepreneurship practices is crucial to make this approach less vulnerable to ethical critique. The addition of a practice dimension overcomes the mission-centric view of social entrepreneurship and opens up a typology of enterprise forms, thereby enabling a more fine-grained distinction between social enterprises and other forms of organization. (shrink)

The paper argues for viewing legal validityas a doxastic obligation, i.e. as the obligation toaccept a rule in legal reasoning. This notion of legalvalidity is shown to be both sufficient for thelaywers' needs and neutral in regard to varioustheories of the grounds of validity, i.e. theoriesintended to identify what rules are legally valid, byproposing different grounds for attributing validity.All of these theories, rather then being alternativedefinitions of validity, presuppose the notion hereprovided.This notion is purely normative, but it allows for (...) theconstruction of theories of the grounds of validitywhich give due importance to social expectations andinstitutions. As an example of how this may happen,one such theory is also provided. This theory, whichis presented through a detailed example of a judicialdebate, is based upon the recognition of the(instrumental) value of co-ordination, as thenecessary way to achieve the most valuable purposes ofthe law. (shrink)

In social justice theory, it seems both important, but also potentially normatively and metaphysically suspect, to treat social groups as units of normative concern. This is also the source of much current controversy surrounding social justice politics. I argue that normative individualism is a metaethical clarification, but not necessarily a binding guide for all other normative theory or practice in the way we might assume. Supra-individual social entities can, in fact, be the irreducible subjects of concern in valid normative (...) evaluations or prescriptions, owing to future-relevant causal properties. However, this idea is complex and requires careful elucidation. I address likely objections pertaining to group definitions, social ontology, conceptions of causation, counterfactuals, and the non-identity problem. (shrink)

Following a critical reconstruction of the shift from norms of communication to norms of identity formation, and thus from conditions of argumentation to conditions of recognition, the paper argues that a non-foundationalist critique of ideology must be based on a theory of motivation and social mobilization.

This article proposes an interpretation of the status of the Grundnorm in Hans Kelsen’s legal theory which addresses the broader philosophical problem of the ultimate foundation of normativity. It begins by reviewing the main objections that have been raised against Kelsen’s theory, pointing out that most of these can be met by a ‘transcendental’ interpretation of the Grundnorm as a condition of possibility for legal cognition. It then argues that in order to solve the problem of the ultimate foundation for (...) legal validity it is also necessary to read the Grundnorm in light of the parallel category of ‘nomo-dynamicity’, which Kelsen introduced in all his legal writings beginning with the Pure Theory of Law of 1933. This yields a conception of legal validity as an ‘essentially temporal’ category, from the point of view of which the problem of ultimate foundations cannot emerge because the beginning is by definition not situated conceptually within time. The broader conclusion is therefore that overcoming the problem of the ultimate foundation of normativity requires abandoning the theologico-political assumption that valid norms are posited through a sovereign gesture analogous to that through which God is supposed to have created the universe ex nihilo. Construing normativity as ‘essentially temporal’ implies that the search for ultimate foundations must run into a category that is entirely foreign to political theology but well known to phenomenology: that of an ‘always-already’. (shrink)

This paper is an exploration of Habermas’ critical reconstructions of the problematic of rationality via critical theory’s critique of instrumental reason. It brings together several key ideas ranging from the dialectic of instrumental reason and how it leads to epistemological dissonance to the discursive redemption of the normativity of reason. It sketches, as a concluding reflection, whether or not his ideas may be situated within the larger methodological trajectory of Philippine social science research. The paper thus considers the concepts of (...) discourse, discourse ethics and normative validity as crucially important. (shrink)

This study is the first to examine the relationships among Machiavellianism, social norms and taxpayer intentions to fraudulently overstate their deductions. We theorize and empirically document that high Machiavellian taxpayers report significantly less ethical social norms, suggesting that reported social norms are influenced by cognitive biases such as social projection and Machiavellian cynicism; reported social norms are, in general, significantly associated with tax evasion intentions; social norms partially mediate the relationship between Machiavellianism and evasion intentions. (...) Our findings imply that experimental research that controls for key personality traits such as Machiavellianism will be necessary to test the effectiveness of potential interventions designed to enhance social norms and tax compliance. Our findings also raise questions regarding the validity of certain social norm measures used in recent studies, particularly in the case of high Machiavellians. In contrast to much prior research, gender was not associated with the likelihood of committing tax fraud in our multivariate models, suggesting that the higher levels of tax compliance often associated with females may be eroding. (shrink)

The paper argues for viewing legal validity as a doxastic obligation, i.e. as the obligation to accept a rule in legal reasoning. This notion of legal validity is shown to be both sufficient for the laywers' needs and neutral in regard to various theories of the grounds of validity, i.e. theories intended to identify what rules are legally valid, by proposing different grounds for attributing validity. All of these theories, rather then being alternative definitions of validity, presuppose the notion (...) here provided.This notion is purely normative, but it allows for the construction of theories of the grounds of validity which give due importance to social expectations and institutions. As an example of how this may happen, one such theory is also provided. This theory, which is presented through a detailed example of a judicial debate, is based upon the recognition of the (instrumental) value of co-ordination, as the necessary way to achieve the most valuable purposes of the law. (shrink)

The increasing use of online simulations as replacements for animal dissection in the classroom or lab raises important questions about the nature of simulation itself and its relationship to embodied educational experience. This paper addresses these questions first by presenting a comparative hermeneutic-phenomenological investigation of online and offline dissection. It then interprets the results of this study in terms of Borgmann’s (1992) notion of the intentional “transparency” and “pliability” of simulated hyperreality. It makes the case that it is precisely encumbrance (...) and disruption—elements that are by definition excluded from simulations and interfaces—which give dissection its educational value. (shrink)

This response paper begins by countering the contributions of Don Ihde and Robert Rosenberger to this special issue, making its case in existential terms. Then, addressing Darin Barney, these arguments are developed further in aesthetic terms, making use of the “modernist” educational theory of René Arcilla. This response article concludes by returning to the realm of the educational with the help of Albert Borgmann's and Estrid Sørensen's feedback.

Finland is internationally known as one of the leading centers of twentieth century analytic philosophy. This volume offers for the first time an overall survey of the Finnish analytic school. The rise of this trend is illustrated by original articles of Edward Westermarck, Eino Kaila, Georg Henrik von Wright, and Jaakko Hintikka. Contributions of Finnish philosophers are then systematically discussed in the fields of logic, philosophy of language, philosophy of science, history of philosophy, ethics and social philosophy. Metaphilosophical reflections on (...) the nature of philosophy are highlighted by the Finnish dialogue between analytic philosophy, phenomenology, pragmatism, and critical theory. (shrink)

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

This is the third of three volumes containing a report from the International Panel on Social Progress. The IPSP is an independent association of top research scholars with the goal of assessing methods for improving the main institutions of modern societies. Written in accessible language by scholars across the social sciences and humanities, these volumes assess the achievements of world societies in past centuries, the current trends, the dangers that we are now facing, and the possible futures in the twenty-first (...) century. It covers the main socio-economic, political, and cultural dimensions of social progress, global as well as regional issues, and the diversity of challenges and their interplay around the world. This particular volume covers topics such as world cultures and religions, families, global health, education, and the contributions of social sciences to institutional change. (shrink)

Joseph Heath'sCommunicative Action and Rational Choicestands out clearly as one of the most astute and original of the several critiques of Jurgen Habermas's theory of communicative action to have emerged in the last decade. Heath refrains from engaging merely in skirmishes with various details of Habermas's theory; he rather aims directly at its core issue: the critique of instrumental reason. Heath argues that Habermas's key criticism—that instrumental reason cannot account for successful communication—is not critical enough. Heath argues that instrumental reason (...) cannot account even for the successfulmonologicalaction. Heath then claims that one can construct a critical rational theory without much of the problematic addenda that Habermas requires, particularly the need for a tripartite theory of validity claims. (shrink)

Instructional technology, and the cognitivist and systems paradigms that underpin it, grew out of the military-industrial complex during the Cold War. Much as the Pentagon and this military complex defined the architecture of the Internet, they also essentially created, ex nihilo, the fields of instructional technology and instructional design. The results of the ongoing dominance or influence of the Pentagon in these specific disciplines have been traced in research that appeared during the final phases of the Cold War. But this (...) research has not been updated to reflect circumstances now most definitive of the post–Cold War world: the rapid development of Internet infrastructures and applications, and the aggressive expansion of US military spending and activity. Tracing the imprint left by the US military on instructional technology and design, this paper considers how this influence may now extend, like the Internet itself, into schools and the university. It will conclude by stressing that the end of the Cold War, along with more recent developments concerning the US military, presents a juncture offering both opportunity and challenge to the evolving field of educational technology or “e-learning.”. (shrink)

Recently, an increasing number of scholars have been showing interest in old-fashioned racism again. While recent studies on old-fashioned racism apparently increase our knowledge of this psychological theory of racism, the studies actually shed light on a different type of racism, namely offensive racism. The aim of this text is to argue that psychological theories of racism, like old-fashioned racism and modern racism, depend on societies’ social norms. I will show that questionnaires are highly sensitive to social norms, (...) and if there is change in social norms, the original measurement object alters. The theory of old-fashioned racism implicitly assumes agents that follow (or conform to) the social norm to behave prejudiced. Today, however, this social norm does not exist in Western societies. If agents express the same prejudices today, they indicate their willingness to breach the social norm to behave unprejudiced. Thereby, classic old-fashioned racism measures reflect a new kind of racism today. (shrink)

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism (...) in the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

The relevance of social cognition assessment has been formally described in the Diagnostic and Statistical Manual of Mental Disorders-5. However, social cognition tools evaluating different socio-cognitive components for Italian-speaking populations are lacking. The Edinburgh Social Cognition Test is a new social cognition measure that uses animations of everyday social interactions to assess cognitive theory of mind, affective theory of mind, interpersonal social norm understanding, and intrapersonal social norm understanding. Previous studies have shown that the ESCoT is a sensitive measure of (...) social cognition in healthy and clinical populations in the United Kingdom. This work aimed to adapt and validate the ESCoT in an Italian population of healthy adults. A translation-back-translation procedure was followed to create and refine the Italian version. Then, 94 healthy adults completed the ESCoT, a battery of conventional social cognition tests and measures of intelligence and executive functions. Reliability, convergent validity, and predictors of performance on the ESCoT were examined. Results demonstrated good reliability of the ESCoT and an association between the ESCoT scores and some traditional social cognition tests. Hierarchical regression results showed that the ESCoT total score was associated with age. Also, the ESCoT subscore was associated with education. These findings support the ESCoT as a valid tool testing social norm understanding, a reliable measure of social cognition for an adult Italian population, and provides further evidence that the ESCoT is sensitive to age- and education-related changes in social cognition, and it is a task not affected by general cognitive functioning. (shrink)

Purpose This study aims to investigate the applicability of ethical ideologies reflected by two dimensions of moral idealism and relativism, together with social norms, to the context of digital piracy. Design/methodology/approach This study used data from a survey of college students and conducted a series of hierarchical regression analyses. Findings This study found that digital piracy intention was dissimilar among four different ethical groups. Injunctive norm was a critical factor that affected internet users’ intention of digital piracy, yet it (...) was valid only for situationists and absolutists. For subjectivists and exceptionists, individual differences represented by ego-involvement and past experience of digital piracy played a more critical role than social norms in explaining digital piracy intention. Originality/value This study is the first attempt to apply the dimensions of moral idealism and relativism to the context of digital piracy. Thus, it suggests that more tailored approaches are recommended to reduce digital piracy for internet users’ varied ethical ideologies. (shrink)

The author investigates how the conception of legal validity as a specific mode of existence, adopted by Kelsen in Allgemeine Theorie der Normen (General Theory of Norms), can be reconciled with a conception of the legal system in which conflicts of legal norms remain of logical concern. To this end he makes use of Ludwig Wittgenstein's picture theory of the proposition as set out in the Tractatus Logico-Philosophicus. The conclusion is that in order to reconcile the two conceptions, (...) the legal system itself must be conceived of as consisting of three sub-systems, namely, (i) a sub-system of perceptible legal judgments, (ii) a sub-system of valid legal conditions, and (iii) a sub-system of observable social practices. (shrink)

Individual creativity has been the focus of long-term research in creative industries. However, few studies have explored the impact on individual creativity from social factors. At the same time, the influence of individual creativity on the existence of subsequent factors in the creative industry is also worthy of further investigation. From a social standpoint, this research aims to explore how social norms affect individual creativity, and how individual creativity affects subsequent leadership. The present research takes creative entrepreneurs in creative (...) enterprises as the research objects, and the structural equation model is used to analyze the data obtained from 202 valid questionnaires. Besides, the mediating effect of individual creativity between social norms and individual leadership is verified. The results show that social norms can effectively promote the generation of individual creativity that has a positive impact on both transactional or transformational leadership. It is revealed that social norms are effective tools for enhancing creativity, answering the question of how creative ideas are transformed into creative work and leadership. Individual creativity plays a mediating role between social norms and individual leadership. (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

The author investigates how the conception of legal validity as a specific mode of existence, adopted by Kelsen in Allgemeine Theorie der Normen (General Theory of Norms), can be reconciled with a conception of the legal system in which conflicts of legal norms remain of logical concern. To this end he makes use of Ludwig Wittgenstein's picture theory of the proposition as set out in the Tractatus Logico-Philosophicus. The conclusion is that in order to reconcile the two conceptions, (...) the legal system itself must be conceived of as consisting of three sub-systems, namely, (i) a sub-system of perceptible legal judgments, (ii) a sub-system of valid legal conditions, and (iii) a sub-system of observable social practices. (shrink)

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding (‘conventions’); some articulated in context of two-tier normative order: ‘rules’, explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, ‘institutional facts’ depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either ‘absolute application’ or ‘strict application’ or ‘discretionary application’, depending on second-tier empowerment. Discretion can be guided (...) by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: ‘constitutive rule’ rejected in favour of ‘underlying principle’, structure of ‘institutive, consequential and terminative’ rules explained and defended. Ruiter's conception of ‘institutional’régime' considered and adopted, validity of norms and normative 'régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

In jurisprudential literature, the adjective ‘defeasible’ appears as a predicate of many terms: concepts, laws, rules, reasoning, justification, proof, and so on. In this paper, we analyze the effects of some versions of the thesis of the defeasibility of legal norms on the reconstruction of the notion of legal validity. We analyze some possible justifications of this thesis considered as a claim concerning validity, and enquire into two possible sets of problems related to the defeasibility of the criteria of (...) identification of a legal system. We also provide a formalization of some options regarding defeasible criteria of identification, which can be used as a tool for meta-jurisprudential analysis. Finally, the thesis according to which defeasibility is better conceived of as a feature of legal application is examined and questioned. (shrink)

People do not behave strictly so as to maximize monetary payoffs in ex- perimental games such as Public Goods and Ultimatum games. To explain this ‘anomaly’, behavioural economists have proposed so-called social pref- erence models that try to capture other-regarding preferences as additional arguments of players’ util- ity functions. However, none of the proposed model has successfully ex- plained data across different games. I give a proper diagnosis to this situa- tion by examining Woodward’s methodological critique of the social preference (...) approach. I argue that the problem lies not in external validity as Woodward argues, but internal validity of those experiments. Specifically, I defend the one-shot design as a useful paradigm as long as it is internally valid. (shrink)

In jurisprudential literature, the adjective 'defeasible' appears as a predicate of many terms: concepts, laws, rules, reasoning, justification, proof, and so on. In this paper, we analyze the effects of some versions of the thesis of the defeasibility of legal norms on the reconstruction of the notion of legal validity. We analyze some possible justifications of this thesis considered as a claim concerning validity, and enquire into two possible sets of problems related to the defeasibility of the criteria of (...) identification of a legal system. We also provide a formalization of some options regarding defeasible criteria of identification, which can be used as a tool for meta-jurisprudential analysis. Finally, the thesis according to which defeasibility is better conceived of as a feature of legal application is examined and questioned. (shrink)

The myth of normative secularism -- Radical mediations: expressing the social -- Graham Ward, John Milbank, and the metaphysics of the social -- Jørgen Habermas and the validity of the social -- Michael Hardt, Antonio Negri, and the texture of the social -- Radical articulations: the phenomenology of the social -- Political articulations: the phenomenology of the political -- Democratic articulations: toward a radical and plural democracy -- Religious articulations: radical and plural democracy as religious vocation -- Revisiting secularism.

The author investigates how the conception of legal validity as a specific mode of existence, adopted by Kelsen in Allgemeine Theorie der Normen (General Theory of Norms), can be reconciled with a conception of the legal system in which conflicts of legal norms remain of logical concern. To this end he makes use of Ludwig Wittgenstein's picture theory of the proposition as set out in the Tractatus Logico-Philosophicus. The conclusion is that in order to reconcile the two conceptions, (...) the legal system itself must be conceived of as consisting of three sub-systems, namely, (i) a sub-system of perceptible legal judgments, (ii) a sub-system of valid legal conditions, and (iii) a sub-system of observable social practices. (shrink)

This book answers questions about secularization: Does it dissolve religion, or transform it into faith in a universally valid value? Is it restricted to the west or can it occur everywhere? Using ideas of Max Weber, the book conceives secularization as a process comparable to the rational development of science and production. What is the value secularization propagates? Sifting historical texts, Steinvorth argues the value is authenticity, to be understood as being true to one's talents developed in activities that (...) are done for their own sake and provide life with meaning, and as unconditionally commanded. How can a value be unconditionally demanded? This question leads to an investigation of the self that combines Kant's ideas on the conditions of the possibility of experience with modern brain science, and to the metaphysical deliberation whether to prefer a world with creatures able to do both good and evil to one without them. It is not enough, however, to point to facts. We rather need to understand what secularization, religion and their possible rationality consist inches Max Weber's sociology of religion has provided us with the conceptual means to do so, which this book develops. Secularization is rediscovered as the same progress of rationality in the sphere of religion that we find in the development of the spheres of science, art, the economy and politics or public affairs. It proves to be the perfection rather than the dissolution of religion - a perfection that consists in recognizing authenticity as the successor of the absolute of religion. (shrink)

There seem to be things we ought not to believe and others we are permitted to believe. Belief is treated as a normative phenomenon both in everyday and academic discourse. At the same time, normativity can be seen as a threat to a naturalistic understanding of the world. Whilst naturalistic claims are of descriptive nature, norms are prescriptive. It is usually held that they cannot be reduced to statements of fact. This problem is also pertinent to the normativity of (...) belief. How is such a phenomenon to be understood within a naturalist framework? -/- Sullivan-Bissett provides a naturalistic account of epistemic normativity in which she explains epistemic normativity in terms of biological functions of belief-producing mechanisms. Importantly, her account is error-theoretic: She argues that we mistake doxastic strategies, which are at best normative in a hypothetical sense, to be categorical epistemic norms. -/- In continuation of Sullivan-Bissett’s account, I draw attention to one of the belief-producing mechanisms which is responsible for bringing about these mistaken beliefs. I claim that normative conformity – a social-learning mechanisms – brings about our beliefs in the existence and categorical validity of epistemic norms. Keeping with the evolutionary perspective employed by Sullivan-Bissett, I answer questions about the function and phylogeny of our mistaken beliefs in epistemic normativity by means of normative conformity and in line with Sullivan-Bissett’s account. (shrink)

The article aims to demonstrate that the nudge theory suffers from three main weaknesses stemming from its theoretical dependence on behavioural economics. The first two weaknesses endanger the paternalistic goal, whereas the third does not justify the libertarian attribute. The first weakness lies in the incomplete realistic characterisation of behavioural economics theory that is the central theoretical pillar of Nudge theory. The second weakness is even more relevant. The normative model of behavioural economics is neoclassical rationality. It can be applied (...) to choices in conditions of risk, when it is possible to forecast the probability of the outcomes of one’s choices. On the contrary the real life problems are inside a complex and uncertain environment. In an uncertain environment the neoclassical algorithms are no longer valid, in that they postulate the knowledge of the probability of the outputs. Thus errors and bias, as observed in behavioural economics, are not such in many instances, but they are instead adaptive and therefore rational responses to the context of decision-making. Therefore nudge theory that pursues the normative paternalistic objective of neutralising the bias and judgement errors discovered by behavioural economics and putting paternalistically the citizen on the right track, is in fact proceeding in the wrong direction. The last weakness concerns an assumption of Nudge theory about the duality of mind. System 1 represents the intuitive mind, while System 2 corresponds to the analytical one. System 1 tends to make decisions quickly and unconsciously, while System 2 follows a slow and conscious process. Biases and judgement errors are mainly generated by System 1. However, System 2 may later intervene to correct them. From this premise, the Nudge theory affirms its libertarian character. In this paper I will argue that the dualism of the mind would not entail the reversibility of some nudges, particularly of default states. In this way the fundamental pillar is weakened to justify the libertarian character of the nudge theory. (shrink)

Papers presented at the IVR 11th World Congress, Helsinki, 1983.

The study of current forms of governance sheds light on « forms of social experiment » based on collective participation. The effectiveness of a system of rules relies less on realizing a subsumption justifying the inner validity of a procedure than on the « power to infer the production of a satisfying form of social life ». This is why « the question of the law’s normativity is displaced from the formal coherence of its semantic content towards its pragmatic potential (...) of governance as a social institution ». It is therefore urgent to invent new forms of social cooperation able to counter the agents’ « opportunism » in their attempts to seize the new opportunities opened by the crisis of classical institutions. (shrink)

This paper contrasts conceptions of global distributive justice focused on natural resources with human rights–based approach. To emphasize the advantages of the latter, the paper analyzes three areas: (1) the methodology of normative theorizing about natural resources, (2) the category of natural resources, and (3) the view of the system of sovereignty over natural resources. Concerning the first, I argue that global justice conceptions misconstrue the claims made to natural resources and offer conceptions which are practically unfeasible. Concerning the second, (...) I show that contemporary philosophy of justice downplays the plurality of meanings resources have for collectives and argue that conflicts over natural resources can best be accounted for using human rights. Finally, the paper looks at sovereignty over natural resources and argues that rather than dismissing it as unjustifiable on moral grounds, it should be reformed in line with valid principles of international law, most importantly with human rights. (shrink)

This is a follow-up article of Strauss 2011. In order to transcend the shortcomings present in the dialectical legacy regarding normativity, this article further explores key elements within the dialectical tradition focused on the basic motive of nature and freedom and the effect it had on modern social contract theories which aimed at reconstructing human society from its “atoms,” the individuals . The transition to an alternative approach commences with a discussion of the distinction between conditions and what is conditioned. (...) It concerns a correlation found within all aspects of reality, namely that between the law side or norm side on the one hand and the factual side on the other. The basic assumption of this alternative view is found in the idea of ontic normativity which is rooted in a non-reductionist ontology. Against this broader background shortcomings in Kelsen’s theory of law are briefly traced to the dialectic of the causal and non-causal , before a positive characterization of the concept of a principle is given. It turned out that it is a compound basic concept in which terms from different modal aspects of reality are encapsulated at once. The recognition of ontic normativity therefore also enables a distinct methodology, the transcendental-empirical method, which makes it possible to distinguish between the pre-positive nature of a principle, as a universal and constant starting-point for human action, and the historically varying ways in which such a principle can be made valid, ( enforced ) through a competent organ disposing over an accountable will and capable to interpret the unique historical circumstances in which the principle has to be positivized (given a positive form or shape ). The nature of modal norms is highlighted in terms of various examples, such as jural, historical, logical and aesthetic principles, with special reference to Derrida’s understanding of credit as economic trust or economic faith. In order to make this transcendental-empirical method understandable a more detailed account of the nature of modal aspects is given. The emphasis on ontic normativity also helps us to steer clear of conceptions of natural law , historicism and the shortcomings present in the idea of a social construction of the world . The guiding perspective flowing from this analysis is that modal norms can be articulated through an analysis of analogical structural moments on the law sides of the normative aspects. The last part of this article briefly introduces the distinction between modal and typical norms without entering into a discussion of the latter. (shrink)

This is a follow-up article of Strauss 2011. In order to transcend the shortcomings present in the dialectical legacy regarding normativity, this article further explores key elements within the dialectical tradition focused on the basic motive of nature and freedom and the effect it had on modern social contract theories which aimed at reconstructing human society from its “atoms,” the individuals. The transition to an alternative approach commences with a discussion of the distinction between conditions and what is conditioned. It (...) concerns a correlation found within all aspects of reality, namely that between the law side or norm side on the one hand and the factual side on the other. The basic assumption of this alternative view is found in the idea of ontic normativity which is rooted in a non-reductionist ontology. Against this broader background shortcomings in Kelsen’s theory of law are briefly traced to the dialectic of the causal and non-causal, before a positive characterization of the concept of a principle is given. It turned out that it is a compound basic concept in which terms from different modal aspects of reality are encapsulated at once. The recognition of ontic normativity therefore also enables a distinct methodology, the transcendental-empirical method, which makes it possible to distinguish between the pre-positive nature of a principle, as a universal and constant starting-point for human action, and the historically varying ways in which such a principle can be made valid, through a competent organ disposing over an accountable will and capable to interpret the unique historical circumstances in which the principle has to be positivized . The nature of modal norms is highlighted in terms of various examples, such as jural, historical, logical and aesthetic principles, with special reference to Derrida’s understanding of credit as economic trust or economic faith. In order to make this transcendental-empirical method understandable a more detailed account of the nature of modal aspects is given. The emphasis on ontic normativity also helps us to steer clear of conceptions of natural law, historicism and the shortcomings present in the idea of a social construction of the world. The guiding perspective flowing from this analysis is that modal norms can be articulated through an analysis of analogical structural moments on the law sides of the normative aspects. The last part of this article briefly introduces the distinction between modal and typical norms without entering into a discussion of the latter. (shrink)

Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also meaningful. The first (...) paradox originates from Kelsen’s formalised and value-free concept of law, which unexpectedly confronts the judge with his moral responsibility for the material valuation of the law. Secondly, a paradox arises from Kelsen’s rationalised notion of relative justice, which in fact forces the judge to be absolutely convinced of the moral rightness of his judgement. The third paradox is a result of Kelsen’s idea of objectivised ‘social peace’, by which the judge just realises the subjective and irrational demands of justice. From my analysis of these three seeming contradictions in Kelsen’s pure theory of law emerges an apparent Kelsenian representation of judicial justice. Starting from his pure theory of law it should be possible to conceive of a ‘pure’ form of administration of law, which would stipulate social peace as a condition for the ‘purity’ of a judicial judgement. I even imagine that Kelsen considered peace as a conditio tacita for the validity of the whole legal order, just as he regarded the basic norm as conditio per quam and effectivity as conditio sine qua non for the validity of the legal order. In any case, according to Kelsen’s conception of judicial justice, social peace proves to be the implicit or tacit condition for a ‘pure’ judgement. With that this ‘pacifying jurisprudence’ can be understood as a surprising paragon of a ‘pure’ administration of justice, on the understanding that peace is not a sufficient but an obvious condition for a just administration of law. That this should also apply mutatis mutandis for Kelsen’s concept of the legal order as a whole will be made subject of further research. (shrink)