The paper outlines the debate on European state socialism as a social and political order. There are different attempts to obtain a better understanding of the core principles of this type of society and a continuing public debate on it. Following the end of the decade of the transition from “socialism to capitalism” we can observe a renewal in the debates on the “Ancient regime” and its heritage. There are different reasons for this phenomenon; these include new (...) insights from the archives and the recent politics on history in post-socialist societies. The new “zeitgeist” following the world financial crisis of 2008 might be an additional reason. The issues that developed are discussions on the nature of state socialism, some hypotheses on the role of reformers within the changes to late socialism from the perspective of political science, and some assumptions on the methods adopted by former reform socialists after 1989. (shrink)

Nature, History, State: 1933-1934 presents the first complete English-language translation of Heidegger's seminar 'On the Essence and Concepts of Nature, History and State', together with full introductory material and interpretive essays by five leading thinkers and scholars: Robert Bernasconi, Peter Eli Gordon, Marion Heinz, Theodore Kisiel and Slavoj Žižek. The seminar, which was held while Heidegger was serving as National Socialist rector of the University of Freiburg, represents important evidence of the development of Heidegger's political thought. (...) The text consists of ten 'protocols' on the seminar sessions, composed by students and reviewed by Heidegger. The first session's protocol is a rather personal commentary on the atmosphere in the classroom, but the remainder have every appearance of being faithful transcripts of Heidegger's words, in which he raises a variety of fundamental questions about nature, history and the state. The seminar culminates in an attempt to sketch a political philosophy that supports the 'Führer state'. The text is important evidence for anyone considering the tortured question of Heidegger's Nazism and its connection to his philosophy in general. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Walking the Bodhisattva Path/Walking the Christ PathU.S. Conference of Catholic BishopsCatholics and Buddhists brought together by Dharma Realm Buddhist Association, the San Francisco Zen Center, and the United States Conference of Catholic Bishops (USCCB) met 20-23 March 2003 in the first of an anticipated series of four annual dialogues. Abbot Heng Lyu, the monks and nuns, and members of the Dharma Realm Buddhist Association hosted the dialogue at the (...) City of Ten Thousand Buddhas in Talmage, California. The community had transformed their Confucius Hall into a chapel, with a large, newly constructed wooden cross on a wall above an altar facing out from a raised platform, so the Catholic delegation would have a space for worship. A special poster announcing the theme of the conference, "Walking the Bodhisattva Path/Walking the Christ Path," showing a Buddhist dharma wheel at one foot of a bridge and a Celtic cross at the other foot, had been created by the hosting community.The daily schedule for the dialogue did not interfere with the monastic routine at the City of Ten Thousand Buddhas, which included early morning chanting (4:00-5:00 am), daily rituals in the Buddha Hall, and the single large meal for monastics before noon to which all participants were invited. Catholics and Buddhists meeting in the dialogue began each day with an optional forty-five minutes of quiet sitting together in the monastery meditation hall, each following their own form of meditation and prayer. There was a Eucharist on Friday and Saturday evenings for the Catholics and to which the Buddhists were invited, and additional meals of breakfast and supper throughout the meeting at the City's Jyun Kang Restaurant.Fourteen Buddhists and fourteen Catholics participated in the formal discussions. Each participant spoke on what it means to them to follow Christ or the way of the Bodhisattvas or enlightened beings. In addition to speaking, each participant distributed a short passage, usually from a traditional text, on this topic. Several passages from Master Dogen's Shobogenzo and the Gospel of John were among those shared by the group. Other passages shared were taken from the Avatamsaka Sutra and the Shurangama Sutra and from the other gospels and the writings of Zen master HakuinZenji, the Dalai Lama, Korean Zen Master I-sahn Hye-yeon, the teachings of Master [End Page 247] Hsuan Hua, Shantideva, Origen, St. Ignatius, St. Benedict, the author of The Cloud of Unknowing, St. John of the Cross, and Chiara Lubich. A minute of silence separated the fifteen-minute segments for each presentation. With so large a group, most of the time in the formal sessions involved listening to series of presentations; however, during discussion periods the participants asked several challenging questions of one another.Some participants noted the tension they felt between belonging to a particular religious group and the need to let go of any consequential narrowness. The goal of the discussion was to promote understanding of the differences and similarities between Christianity and Buddhism. At one point, the participants noted several concerns about mutual enrichment: whether Buddhist methods can be separated from Buddhism and Christian methods from Christianity, and what specific aspects of Christian practice truly enrich Buddhists and which Buddhist practices likewise enrich Christians. Several times participants discussed their understanding of terms such as transformation, grace, the incarnation and the passion of Jesus, discernment of spirits, prayer, Buddha-nature, and related terms. There was consensus that Buddhists and Catholics can practically help one another regarding mental cultivation and religious precepts. They expressed this consensus in their choice of the topic forthe next dialogue, "Transformation of Hearts and Minds: Chan/Zen-Catholic Approaches to Precepts."The group agreed to reconvene in 2004 to respond to six presentations, three from each side, on different aspects of this topic.Chairing the sessions were Rev. Heng Sure for the Dharma Realm Buddhist Association, Rev. Taigen Dan Leighton for the San Francisco Zen Center, and Bishop John Webster for the United States Conference of Catholic Bishops. Their three organizations are the sponsors of the Northern California Chan/Zen-Catholic Dialogue. Chan and Zen are respectively the Chinese and Japanese terms for the meditation school... (shrink)

recruits or the area of its influence, which has been attained by Modern Socialism, and at the same time been so little understood and so misunderstood, not only by the hostile and the indifferent, but by the friendly, and even by the great mass of its adherents themselves. This unfortunate and highly dangerous state of things is due partly to the fact that the human relationships which this movement – if anything so chaotic can be called a movement (...) – aims to transform, involve no special class or classes, but literally all mankind; partly to the fact that these relationships are infinitely more varied and complex in their nature than those with which any special reform has ever been called upon to deal; and partly to the fact that the great moulding forces of society, the channels of information and enlightenment, are well-nigh exclusively under the control of those whose immediate pecuniary interests are antagonistic to the bottom claim of Socialism that labor should be put in possession of its own. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.4 (2000) 617-634 [Access article in PDF] Edmund Burke and Reason of State David Armitage Edmund Burke has been one of the few political thinkers to be treated seriously by international theorists. 1 According to Martin Wight, one of the founders of the so-called "English School" of international theory, Burke was "[t]he only political philosopher who has turned wholly from political theory (...) to international theory." 2 The resurgence of interest in Burke as an international theorist has not, however, generated any consensus about how he might be classified within the traditions of international theory. Wight variously divided thinkers into trichotomous schools of Realists, Rationalists, and Revolutionaries, Machiavellians, Grotians, and Kantians, or theorists of international anarchy, habitual intercourse, or moral solidarity; 3 more recent international theorists have refined or supplemented these categories to construct similar trinitarian traditions of Realism, Liberalism, and Socialism, and of Empirical Realism, Universal Moral Order, and Historical Reason. 4 Burke's place within any of these traditions remains uncertain. Debate over whether he was a realist or an idealist, a [End Page 617] Rationalist or a Revolutionist, has concluded variously that he was a "conservative crusader" or an "historical empiricist," a belated dualist or a Cold Warrior before the fact, or, most egregiously, "a proto-Marxist, or more precisely proto-Gramscian" theorist of hegemony. 5 The fact that Burke so obviously eludes definition may put in doubt the analytical utility of closely-defined "traditions" of international theory. 6Burke's relationship to conceptions of reason of state provides a more precise example of the confusion within such taxonomies. According to one recent historian of international theory, Burke "laid the foundations" of the "conservative approach to International Relations informed by the two modern notions of state interest and necessity, by raison d'état"; however, in the words of another, "Burke... was vehemently opposed to the idea of Reason of State and did not subscribe to the view that national interests override moral laws." 7 The assumptions on which each of these judgments rests are clearly incompatible: on the one hand that a "conservative approach" in the realm of foreign affairs implies an espousal of reason of state defined as the primacy of "state interest and necessity," that Burke did indeed acknowledge; on the other hand that reason of state is defined more exactly as "the view that national interests override moral laws" and that Burke did not hold such a view, so could not be defined as a reason-of-state theorist. It might of course be possible that Burke held various views on such matters at various points in his long literary and political career or that he argued for differing conceptions of reason of state in differing contexts. To test such a hypothesis demands a historical account of Burke's relationship to the theories of reason of state held by his contemporaries and predecessors. [End Page 618]To place Burke within traditions of reason of state might seem to be a simple category error. After all, he famously scorned "dashing Machiavellian politicians," deplored "the odious maxims of a Machiavellian policy," condemned "the dreadful maxim of Machiavel that in great affairs men are not to be wicked by halves," and identified the Discorsi as the inflammatory textbook of French republicanism. 8 His strictures on Machiavelli and Machiavellianism affirmed avant la lettre the classic modern account of reason of state offered by Friedrich Meinecke, which counterposed "raison d'état on the one hand, and ethics and law on the other" and traced the emergence of this separation to the heathen Florentine who had given the tradition its familiar nickname. 9 Such accounts of reason of state and of Machiavelli reinforced the long-standing interpretation of Burke as the last of the medieval theorists of natural law, for whom no merely human calculations of advantage or interest could override the dictates of divine reason. If reason of state represented the doctrine that political expediency should supersede moral law, then Burke could only have been its (and Machiavelli's) enemy: his "politics... were grounded... (shrink)

The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The (...) position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist. (shrink)

The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The (...) position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist. (shrink)

The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The (...) position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist. (shrink)

Like Mises before him, Hayek challenges the validity of socialism as a centrally planned economic regime typically characterized by state ownership of all means of production. What is typical of Hayek's challenge is that he holds that this question is fully theoretical in nature and that it has consequently to be raised and decided as a scientific question. Sketching the historical background of the socialist calculation debate of the 1920s and 1930s, I first show how this debate (...) is linked with the Menger-Wieser Zurechnungsproblem, which indeed constitutes the very topic of Hayek’s 1923 Ph. D. dissertation. I recall that the Pareto-Barone approach based on General Equilibrium Theory (GET) has determined the conceptual framework of this controversy. I then go on to explore Hayek's impracticability argument against market socialism and try to show how it is related to, but different from, Mises’s logical impossibility argument. I argue that the contexts of discussion were completely different in both cases: if Mises was criticizing the possibility of rational economic decisions in a moneyless economy, Hayek was debating against the Lange-Dickinson-Lerner model of market socialism where the prices of first order goods were supposedly fixed following a GET simulation of the competetive market process. The core of Hayek’s line of reasoning is shown to be related to a clever analysis of the notion of ‘data’: the data on which a Central Planification Board is suppose to work out a production and distribution schema for the whole economy are simply unavailable to him because this kind of economic knowledge (which Michael Polanyi calls “tacit knowledge”) cannot be accumulated and stored up anywhere in society, as if the global economy could be directed by a super-brain possessing complete knowledge of every particular situation and able to compute a perfect solution to any economic problem whatsoever.. (shrink)

The question of the nature and regularities of development of the socialist state is quite urgent at present, because identification and application of the objective laws of development of the socialist state will facilitate successful solution of practical problems of governmental, economic, and sociocultural construction and make possible a deep and comprehensive analysis of the course of evolution of statehood in the modern world. In the USSR these processes are proceeding under conditions in which a new Constitution, (...) adopted two years ago, is in force. (shrink)

Social life is changing very fast. People are trying to find out reasons of living in a safe society and understand their role in it. The ‘wrong’ and ‘right‘ models of the social life, state and law systems are appearing. In the XXth century, one of them – socialism – made suggestion how to solve social problems, determinated of capitalism. This work deals with the situation of Lithuanian social thought in the Republic of Lithuania (1900-1940). In the article, (...) the standpoint of catholics of socialism is reflected. Catholics displayed socialism as a system, which accumulated many distorted images about human nature, motivations of human behavior, society and its functionating. Considering the society being an organic totality of individuals, but not a faceless mass, and an individual being a personality having natural rights to be respected, but not considered as a little screw without any rights in the state machine, with whom any experiments may be performed, they disclosed Utopia of the idea, proposed by socialists, of the possibility of a perfect society creation by the only preliminarily arranged correct plan,. For this purpose to be achieved, they constructed a model of socialist economy and then destroyed it, demonstrating economical unefficiency of this system. In this manner, intellectuals warned Lithuania and its people about the destructiveness of the realization of such an experiment. In spite of criticism of socialism, some intellectuals, such as A. Maceina, S. Šultė and S. Šalkauskis, appeared to be rather respective to the new social ideas and did not distinguish any social economic system as the best and only one. They thought that all the world, including Lithuania, has to create a new social life and take as a base the progressive ideas of socialism and capitalism. According to the opinion of the catholics, the most reliable way to a safe sočiety and economical welfare passes through the cooperation of individuals and state’s duty to create right laws. Ideological spirit was the main obstacle for the intellectuals to recognize trends of socialism by their aims and methods. That is the reason, why socialism was identified as bolsevism. However, the expression of the intellectuals’ opinion about socialism, its ideological herritage and perspectives enriches the research of the Lithuanian legal phylosophical and political thought and allows to understand better the ideological development of socialism and to define its competence and limits of validity in the contemporary world. Valuable ideas may be fruitfully used in creating a democratic society, social state and the rule of law. (shrink)

This book explores the ways that international politics is a form of interspecies politics, one that involves the interactions, ideas, and practices of multiple species, both human and nonhuman, to generate differences and create commonalities. While we frequently think of having an international politics "of" the environment, a deep and thoroughgoing anthropocentrism guides our idea of what political life can be, which prevents us from thinking about a politics "with" the environment. This anthropocentric assumption about politics drives both ecological degradation (...) and deep forms of interhuman injustice and hierarchy. Interspecies Politics challenges that assumption, arguing that a truly ecological account of interstate life requires us to think about politics as an activity that crosses species lines. It therefore explores a postanthropocentric account of international politics, focusing on a series of cases and interspecies practices in the American borderlands, ranging from the US-Mexico border in southern Texas, to Guantánamo Bay in Cuba, to Isle Royale, near the US-Canadian border. The book draws on international relations, environmental political theory, anthropology, and animal studies, to show how key international dimensions of states-sovereignty, territory, security, rights-are better understood as forms of interspecies assemblage that both generate new forms of multispecies inclusion, and structure forms of violence and hierarchy against human and nonhuman alike. (shrink)

This book examines the historical development—in practice and theory—of governance in socialist systems. With more than a century of such development from many parts of the world, including the Soviet Union, China, and the DPRK (North Korea), it is possible to gain much from careful study of their political systems.But what is the nature of this socialist governance? It is abundantly clear that the type of governance in socialist countries had never before been seen in human history. How does (...) this governance work? What was the political theory that arose from the practice? How did this type of governance develop over time and in light of specific conditions?These are the questions that Socialism in Power sets out to answer. It does so not by using methods developed for studying Western liberal nation-states, but by deploying Marxist-Leninist analysis. Not an abstract Marxism, but concrete Marxism, as it was applied and developed in light of the particular historical conditions of the countries in question.The book begins with careful analysis of the works of Marx and Engels, with a particular emphasis on Engels, who was crucial in establishing the basic principles of socialist governance. Next, the book focuses on the Soviet Union, which was the first country in human history to experience socialism in power. The rarely studied DPRK (North Korea) comes next, as a transition to East Asia, followed by a number of chapters on China, which arguably has the most developed form of socialist governance. (shrink)

Increased participation in public affairs by the U.S. Conference of Catholic Bishops during the highly contentious 2012 Presidential election has seemingly brought the traditions of Catholic social teaching and socialism into a high profile conflict. While it is clear that President Obama is not what most academics would consider a “socialist,” modern discourse still presents what I argue is a false dichotomy- one can be either endorse natural law (especially of the Catholic variety) or socialism, but not both. (...) While my goal in this article is to refute the alleged incompatibility, not to determine its historical roots, some speculation about its origin may be illuminating. Recent work on religious identity in the United States suggests that Americans largely identify Christianity with the right wing of the American culture war. Additional research is required to fully grasp where this perception comes from, but one can venture several guesses: the rise of the “Christian Right” in Republican Party politics of the late 1990s and early 2000s, the concept of “social justice” being lampooned by Right-wing talk show hosts, and decades of a Catholic Church that firmly opposed Cold War-era Soviet Communism. The contrast between left-wing and right-wing thought on social issues (same-sex marriage, abortion, etc.) is very well documented and widely discussed. Differences between leftists and natural lawyers on economic issues, however, are more often assumed than argued for. Perhaps this is a matter of “guilt by association,” with those arguing that leftist social policy is at odds with natural law simply assuming that the same must be the case with leftist economic policy as well. Thus, natural law, long tied to Christianity throughout its history, is gratuitously appropriated by right-wing political ideology. Against this claim of incompatibility, I argue that one can rationally hold both socialism and natural law to be true. In his landmark Natural Law and Natural Rights, John Finnis offers what is arguably the twentieth century’s most complete theory of natural law. I will argue that the conception of socialism laid out by G.A. Cohen in hisWhy Not Socialism? is compatible with Finnis’s account of the human goods, and that natural lawyers can therefore reasonably endorse Cohen’s prescription for socialism. (shrink)

The article is devoted to the controversy of Alexander Alexandrovich Bogdanov, the so-called “another Bolshevik”, with Lenin and his associates on the question of the revolution and the ways of building a socialist society and state. It is shown that Bogdanov expressed a critical attitude towards the revolution and its socialist nature, the ability of the proletariat to play a decisive role in it, and wrote about Russia’s unpreparedness for an anti-capitalist coup, thereby expressing a distinctly marked anti-Leninist (...) position. Based on the analysis of a large corpus of Bogdanov’s works, the authors focused their attention on the following aspects of his work relating to the theme of revolution: the contradictions between Bogdanov and Lenin in its interpretation even before October 1917; Bogdanov’s views on the revolution and real socialism after its completion; his interpretation and evaluation of “war communism”; the program for building socialism in the USSR and the search for ways to form fundamentally new social structures developed in the context of the science of tectology, created by him; Bogdanov’s project “Proletkult” and his utopian novels, in which he foresaw how “socialism in one country” would be built and how the transition from the old exploitative to new forms of human coexistence would be carried out, as well as the danger of the degeneration of democracy into a dictatorship. (shrink)

When Professor Georges Gurvitch, the highly esteemed occupant of the chair of philosophy at the University of Strausbourg before World War ll and the author of a series of brilliant studies in the pluralist philosophy of law, referred to Pierre—Joseph Proudhon as the central figure in the development of modern social and judicial philosophy, the basis of his highly flattering judgment was the philosophy of law that serves as the basis of Proudhon’s mutualism, a socio-legal conceptualization that had not only (...) greatly infiuenced Gurvitch’s own thinking but which had exerted tremendous infiuence as well over the thought of such outstanding social theorists as Herzen, Tolstoi, and Kropotkinl To state, therefore, that Proudhon was not only the first to call himself an anarchist but also “the most important" anarchist thinker of the modern period} is to establish his right to be heard. We are not entitled to skip lightly over his conception of law and justice as past generations have done. After outlining Proudhon’s legal theory and his conception of natural right, this paper will attempt to demonstrate that Proudhon’s thinking on law is an outstanding contribution to modern political theory. It is not too much to say, in fact, that his philosophy of law and natural right stands as a highly suggestive antidote to the hopeless confusion in contemporary political theory, a confusion that stems not only from the cloudy conception of justice posited by the social contract theorists but from the defective conception of justice advanced by the advocates of state socialism as well. (shrink)

The Dual State, first published in 1941, remains one of the most erudite books on the legal origins of democracy and dictatorship. It provided the first comprehensive analysis of the rise and nature of National Socialism, and was the only such analysis written from within Hitler's Germany. Fraenkel's concept of the dual state, being the normative state and the the prerogative state. It retains its vital relevance for the theory of democracy in the twenty-first (...) century. The Dual State considerably influenced scholars studying and working on questions of political justice in the period following World War II, particularly in the context of political and legal theory; in the domain of legal history; in the area of constitutional theory; in the context of comparative politics; and in what has become known as the field of comparative constitutional law. This republication of Fraenkel's classic work makes it once again widely available to scholars and students in the field. It includes both Fraenkel's 1974 introduction to the German second edition, never before published in English, and a new introduction by Dr Jens Meierhenrich, examining the world in which The Dual State was originally published, and the lasting legacy of this classic work. (shrink)

The fundamental interaction that triggers a fiduciary obligation is the exercise by one party of discretionary power of an administrative nature over another party's interests, where the latter party is unable, as a matter of fact or law, to exercise the fiduciary's power. The goal of this paper is to demonstrate that there is something "deeply fiduciary" about the interaction between a state and its subjects. The fiduciary nature of this relationship provides the justification for the (...) class='Hi'>state's legal authority and its obligation to act in the interests of its subjects. The practical manifestation of the state's overarching fiduciary obligation to its subjects is the rule of law. (shrink)

This book presents a critical reconstruction of the social and political facets of Thomas Hill Green’s liberal socialism. It explores the complex relationships Green sees between human nature, personal freedom, the common good, rights and the state. It explores Green’s analysis of free exchange, his critique of capitalism and his defence of trade union activity and the cooperative movement. It establishes that Green gives only grudging support to welfarism, which he saw as a conservative mechanism in effect (...) if not conscious design. It is shown that he believes state provision of welfare to be justified only to the extent that peasants and the proletariat lack a culture and institutions which enable them to assert themselves against abusive landlords and capitalists. Ultimately, it is shown that Green’s guiding ideal is the creation of a eudaimonically-enriching kingdom of ends, which favours the creation of a dynamic and free society driven by mass participation through decentralised social and political institutions. This book builds on Colin Tyler’s The Metaphysics of Self-realisation and Freedom, although it can also be read as a freestanding work. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

The Jamesian streams of consciousness are each made up of states of consciousness one at a time in tight temporal succession except when a stream stops flowing momentarily or for a longer time. These pulses of mentality are typically complex in the sense of their possessing, each of them, many ingredients or features. But, also, every state of consciousness is, in a different sense, simple: a unitary awareness, a single mental act. Although unitary, a state of consciousness often (...) has many objects, which have some kind of existence, past, present, or future, or which are nonexistent, merely apparent, only imaginary. The problem concerning the intrinsic nature of states of consciousness is what they are themselves, not what they are about or what they may seem to be about, but what are their own intrinsic properties. For example, in my view, conscious states are, literally, certain occurrent states of the brain. In James’s different view, conscious states are mental in the sense of nonphysical yet directly produced by the total brain process or by a substantial part of it. In our attempts to determine the intrinsic properties of states of consciousness, we are well advised to attend to our inner awareness of them. Any true statement about a state of consciousness that we may succeed in formulating from the first-person perspective is, in my view, a fact concerning a brain state and may help us to learn which among the occurrent brain states are actually the states of consciousness. Their being unitary awarenesses is among the facts we know firsthand about the states of consciousness. I can think of no instance of such a state that is missing the property of intentionality, the property of its being at least as though about something. Also, although we may distinguish various ingredients belonging to a state of consciousness — a state can be, for example, an auditory, a visual, a sexual, a memorial, and an anticipatory experience, all at the same time — these ingredients are not apprehended side by side, but as integrated together in a unitary state. It will be argued that how we find firsthand a state of consciousness to be is illusory, that any such state is actually made up of separate processes. But this claim has its own problems, including having to explain the difference between two simultaneous states of consciousness belonging each of them to a different stream and an integral state that includes several different kinds of experience. (shrink)

How are the states of consciousness intrinsically so that they all qualify as ?feelings? in William James?s generic sense? Only a small, propaedeutic part of what is required to address the intrinsic nature of such states can be accomplished here. I restrict my topic mainly to a certain characteristic that belongs to each of those pulses of mentality that successively make up James?s stream of consciousness. Certain statements of James?s are intended to pick out the variable ?width? belonging to (...) a stream of consciousness as it flows. Attention to this proposed property brings me to a discussion of (a) the unitary character of each of the states of consciousness however complex they may frequently be and (b) how to conceive of their complexity without recourse to a misleading spatial metaphor. (shrink)

The general problem as to the intrinsic nature of the states of consciousness is what these are in themselves, what intrinsic properties they have as the occurrences that they are. William James later holds them to be “pure experiences”; they are intrinsically neutral, not mental or physical, though they are commonly taken as such. This is part of a major ontological revision of James’s well-known earlier approach, since he now holds everything extant is pure experience. In “Does Consciousness Exist?” (...) — on which my article focuses — James applies his new approach to the topic of consciousness, and he proposes that this amounts to the function of knowing, which pure experiences instantiate with respect to other pure experiences, erroneously taking the latter to be as they are not: subjective or objective depending upon a context of associated experiences. Their intrinsic properties are held not to be mental or physical or any combination of such; and James seems to want to conceive of pure experiences as lacking in every property, except as they are interpreted at the moment, or in retrospect, in terms of a group of experiences to which they belong. James’s revised account of the states of consciousness is closely considered in the present article, his new account is contrasted with the one which he advocated in The Principles, and objections are here developed to the thesis that the states of consciousness are actually pure experiences. (shrink)

It is a long-held belief that states must retain the monopoly over political violence in order to be states, and to survive. However, there are recent criticisms of this view forcing us to consider not just the state's use of political violence but the very nature of the state. Elizabeth Frazer and Kimberly Hutchings's Can Political Violence Ever Be Justified? argues that it cannot. Ned Dobos's Ethics, Security, and the War-Machine raises a series of arguments against states (...) having standing militaries, and Alex Vitale's The End of Policing similarly raises a series of arguments against the institution of the police. In this review essay, I suggest that these arguments all force us to revisit the very nature of the state. There are concerns about simply abolishing these institutions of political violence, but we can indeed conceive of states without the monopoly on violence. (shrink)

What are the states of consciousness in themselves, those pulses of mentality that follow one upon another in tight succession and constitute the stream of consciousness? William James conceives of each of them as being, typically, a complex unitary awareness that instantiates many features and takes a multiplicity of objects. In contrast, Brian O?Shaughnessy claims that the basic durational component of the stream of consciousness is the attention, which he understands to be something like a psychic space that is simultaneously (...) occupied by several experiences. Whereas, according to the first conception, emotion is a feature of a temporal segment of the stream of consciousness and colors through and through each consciousness state that instantiates it, the second conception considers an emotion to be a distinct one of a system of simultaneous experiences that interact with each other, for example, limiting each other?s number and intensity. Among other matters discussed is the two theorists? mutually contrasting conception of how the non-inferential awareness which we have of our states of consciousness is accomplished. (shrink)

The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law. It explains in detail, theoretically and based on the specific case law, the phenomenon of general principles of law - as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practitioners in the transitional justice field as it (...) shows how this theory of general principles of law has assisted Latvia to move away from the socialist legal tradition. (shrink)

Ariane Fischer, David Woodruff, and Johanna Bockman have translated Karl Polanyi’s “Sozialistische Rechnungslegung” [“Socialist Accounting”] from 1922. In this article, Polanyi laid out his model of a future socialism, a world in which the economy is subordinated to society. Polanyi described the nature of this society and a kind of socialism that he would remain committed to his entire life. Accompanying the translation is the preface titled “Socialism and the embedded economy.” In the preface, Bockman explains (...) the historical context of the article and its significance to the socialist calculation debate, the social sciences, and socialism more broadly. Based on her reading of the accounting and society that Polanyi offers here, Bockman argues that scholars have too narrowly used Polanyi’s work to support the Keynesian welfare state to the exclusion of other institutions, have too broadly used his work to study social institutions indiscriminately, and have not recognized that his work shares fundamental commonalities with and often unacknowledged distinctions from neoclassical economics. (shrink)

The inability of reformist socialism to cape with the rise of fascism and the Great Depression led to a significant challenge by neo-socialists.In Belgium, this challenge was led by De Man and Spaak. In 1933, the POB accepted De Man's Plan as its program of action; in 1935 it entered into the Van Zeeland government. Although in many ways, theneos showed greater understanding of the nature of advanced capitalist society than the orthodox reformists, they displayed an alarming tendency (...) to try to preempt fascism by emulating certain fascist positions.De Man and Spaak broke with socialist internationalism and collective security. De Man became convinced of the bankruptcy of democratic institutions and of the democratic states. This attitude ultimately led him from neutralism to collaboration, in the belief that fascism was indeed the wave of the future. (shrink)

Political philosophy provides the basis for political praxis; it requires a functional understanding of society in which the economy is an extraordinarily significant component. This is no less true of Marxism than it is of liberalism: it is all at once a political philosophy and an analysis of political economy, both of which are oriented toward and motivated by an agenda of human engagement. Often obscured by the complexities of Marxian analysis is the nature of its critique of liberalism, (...) which preceded it and to which it was intended as both a theoretical and practical response. Beyond Liberalism offers a detailed elaboration of that critique, restoring to a central position the long history of imperialism that has been at the heart of capitalism since its inception and explicating Marxism's relevance to the contemporary era of globalization, in particular financial globalization. The dramatic opposition between the two political theories turns heavily on their differential perspectives on individual freedom. The book provides a corrective to the common misperception that, while liberalism is concerned with such freedom, Marxism and the socialist agenda it advances emphasize instead a contrasting sphere of the collective. Prabhat Patnaik argues that liberalism and Marxism give very different analyses of the status of the individual within capitalism and that the Marxist alternative leads to the conclusion that the freedom of the individual can be realized only by means of an upheaval of capitalism through collective action. It is as relevant to Keynesian social democracy, marked by state intervention to alleviate conditions of unemployment, poverty, and inequality, as it is to classical liberalism. In the latter the functioning of the capitalist system constrains individual freedom; in the former, on the capacity of the state to intervene, which is especially apparent in our era in which finance is globalized but states remain national. Capitalism requires a degree of unemployment, for example, to limit wages and maintain the accrual of surplus value. The system also tends toward the centralization of capital, augmenting the power imbalance of global corporations over nation-states and the coercion of individual agency. It is only through the overturning of the system and the adoption of a socialist system that individual freedom and economic equality can be fostered. (shrink)

Contrary to the accepted Cold War stereotypes about state socialist mass women’s organizations, we will show that Communist leaders were attentive to the construction of gender roles and used women’s magazines as a forum to discuss openly the changing ideals of masculinity and femininity. Through a discourse analysis of articles in Vlasta and Zhenata Dnes, our article will interrogate the categories of “man” and “woman” and their negotiation during the Communist era on the pages of official state magazines. (...) In the Bulgarian case, we will discuss key articles that explicitly dealt with the importance of fathers and fatherhood, as for the case of Czechoslovakia, we will examine a series of articles and letters in which women’s union leaders and ordinary citizens discuss women’s entry into the workforce that had previously been the purview of men. (shrink)

This book states that the political systems of China, Vietnam, Cuba and other socialist countries are showing distinct maturity and ability to deal effectively with challenges – the most recent being the COVID-19 pandemic. In order to understand how they have developed their structures, it is time to return to the roots of the Marxist tradition and re-examine the question of socialist governance. It was Friedrich Engels who laid out some of the theoretical foundations for socialist governance. On the basis (...) of extensive research in 1870s and 1880s, Engels developed his analysis of the nature of hitherto existing states as a ‘separated public power’; the role of the dictatorship of the proletariat and its exercise of power; the actual meaning of the ‘withering away of the state’, which would be one of the very last outcomes of socialist construction; and the nature of socialist governance itself. On this matter, he proposed a de-politicised public power that would stand in the midst of society and focus on managing the processes of production for the sake of the true interests of society. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant (...) beggars and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

This paper addresses the question regarding the relation between capitalism and nature, on the one hand, and that of the continued existence of life, including humankind, on earth in light of the disturbing evidence that has emerged since the early 1970s, concerning massive environmental degradation, on the other. It is argued that the evidence of such destruction is there for every one to see; what is less obvious – in fact, mostly ignored or denied – is the connection between (...) capital as a process which either grows, or dies, and the devastating effect of such uncontrollable growth on geo-ecology (where a distinction is made between ecology and environment in terms of the relations of interdependence by which the former is characterised). Ironically, as far back as 1972 the ‘Club of Rome' warned against the dangers of ‘unlimited growth'. The paper draws substantially, but not exclusively, on the work of Joel Kovel, who argues in favour of what he terms eco-socialism as the best kind of alternative to capitalism. Needless to say, this entails an understanding of the latter, in an encompassing sense as a state of being, instead of in a narrow economistic sense. It also requires that one should distinguish clearly between a mechanistic conception of nature (the Cartesian) that seems to legitimize its exploitation for human use and eventual degradation, on the one hand, and another (Kantian) conception which makes room for the inscrutability of a natural purposiveness that transcends human cognition. S. Afr. J. Philos. Vol.24(2) 2005: 121-136. (shrink)

The enterprise of state punishment requires the use of limited resources for which there are other competitors, such as national defense, market regulation, and social welfare. How resource-demanding retributive justice will turn out to be depends on how retributivists answer a series of questions concerning the theory’s structure. After elaborating these questions and the varieties of retributive justice that answers to them might generate, I consider the resource demands of retributive justice in the context of competing theories of distributive (...) justice. Various tensions and outright conflicts between the pursuit of retributive and distributive justice are then explored. (shrink)

In the 1950s, embryology in socialist China underwent a series of changes that adjusted the disciplinary apparatus to suit socialism and the national goal of self-reliance. As the Communist state called on scientists to learn from the Soviets, embryologists’ comprehensive view on heredity, which did not contradict Trofim Lysenko (1898–1976)’s doctrines, provided a space for them to advance their discipline. Leading scientists, often trained abroad in the tradition of experimental embryology, rode on the tides of Maoist ideology and (...) repositioned their research. Some of their creative realignment of previous research questions, materials, and traditions to Marxist philosophy and agricultural objectives generated productive programs. In particular, Tong Dizhou (1902–1979) translated Engels’s dialectics of nature into a research question about cytoplasmic inheritance. His continuing investigation on it led to the first goldfish “clone” through a nuclear transplantation experiment; Zhu Xi and his associates transferred a goldfish model in embryology into studies on improving carp aquaculture, leading to a rare success in the Great Leap Forward of 1958. These directions for embryology continued well into the 1960s. At a time when global embryology was diversifying and began to be molecularized, eventually forming “developmental biology,” socialist embryology took shape in China with a different set of epistemic and practical commitments. The history of its development challenges and enriches our understanding of the concrete process of change in one discipline under Mao, showing ways in which scientists creatively adapted state-sanctioned ideologies and visions to do productive work outside the framework of molecular biology during the Cold War. (shrink)