scholarly journals Vico’s “Scienza Nuova”: Sematology and Thirdness in the Law

Author(s):  
Paolo Heritier

AbstractIs it the task of legal semiotics or the legal philosophers to define legal semiotics? For the philosopher of law, the question recalls the distinction between philosophers’ philosophy of law and legal scholars’ philosophy of law. The thesis that the paper argues is that a semiotic legal perspective can also be sought from the analysis of anthropological knowledge on the origin of the social bond and society, implying a social and institutional theory of the mind. In the first paragraph, the search for a different kind of rationality emerges from a semiotician, Jürgen Trabant, who analyses semiotically the thought of a rhetorician and philosopher of law, Giambattista Vico. In the second paragraph, the anthropological notion of social bond emerges from the debate on the relationship between the idea of the gift and that of exchange. In the third paragraph, the analysis of the legal notion of thirdness recognizes the central role of myth and fiction in the configuration of the civil world and sign, returning to Vico’s critical view of the philosophy of language as an institution of society.

2014 ◽  
Vol 106 (1) ◽  
pp. 3-36 ◽  
Author(s):  
Hans Radder

The article consists of three main sections, in which I successively discuss the nature and role of realization, interpretation and abstraction in experimental and observational processes. In this way, these sections address several fundamental problems in philosophy of science, ontology and epistemology, and philosophy of language. Section 1 introduces the notion of realization processes, and argues that successful realization requires causal judgments. The second section discusses the role of conceptual interpretation in experiments and observations, explains how realization and interpretation can be distinguished, and emphasizes the significance of different types and ranges of experimental and observational reproducibility. It also includes a subsection on the issue of reproducibility in contemporary social sciences and psychology. Section 3 explains how concepts are abstracted from existing realization processes, and concludes that abstraction bestows a nonlocal meaning on these extensible concepts. In addition, I discuss and criticize some rival views of abstraction and concept meaning (to wit, mentalism and localism). The article concludes with some observations on the notion of a (cognitive) trinity.In my reply, I respond to the points raised in the six commentary papers. The following issues are addressed: the place of causality in physics (Steffen Ducheyne), perception in ordinary life (Monica Meijsing), the role of reproducibility in psychology and the social sciences (Daniël Lakens, Ruud Abma), the significance and implications of conceptual innovation (Lieven Decock), and the relationship between meaning, communication and ontology (Martin Stokhof and Michiel van Lambalgen).


2017 ◽  
Author(s):  
thomas Scheff

A Theory of War and Violence (First section)Thomas Scheff, G. Reginald Daniel, and Joseph Loe-Sterphone, Dept of Sociology, UCSB(9260 words total) Abstract: It is possible that war in modern societies is largely driven by emotions, but in a way that is almost completely hidden. Modernity individualizes the self and tends to ignore emotions. As a result, conflict can be caused by sequences in which the total hiding of humiliation leads to vengeance. This essay outlines a theory of the social-emotional world implied in the work of C. H. Cooley and others. Cooley’s concept of the “looking-glass self” can be used as antidote to the assumptions of modernity: the basic self is social and emotional: selves are based on “living in the mind” of others, with a result of feeling either pride of shame. Cooley discusses shame at some length, unlike most approaches, which tend to hide it. This essay proposes that the complete hiding of shame can lead to feedback loops (spirals) with no natural limit: shame about shame and anger is only the first step. Emotion backlogs can feed back when emotional experiences are completely hidden: avoiding all pain can lead to limitless spirals. These ideas may help explain the role of France in causing WWI, and Hitler’s rise to power in Germany. To the extent that these propositions are true, the part played by emotions and especially shame in causing wars need to be further studied.“...if a whole nation were to feel ashamed it would be like a lion recoiling in order to spring.” Karl Marx (1975, p. 200)


2018 ◽  
Vol 52 (2-3) ◽  
pp. 117-136
Author(s):  
Maria Salomon Arel

Abstract This article discusses the gift-giving behaviour of English merchants involved in the Russia trade in the Muscovite era. Drawing on a small, but growing body of historical literature relating to the role of gifts in the cultivation of mutually beneficial relations between people across the social spectrum in early modern Europe, it explores the various ways in which the English deployed the practice of giving to their advantage, both in England and in Russia. In particular, as ‘strangers’ in Russia who operated beyond the parameters of traditional kin- and community-based networks of support, English merchants (and other foreigners, such as their Dutch competitors) needed to both ‘befriend’ Russian clients on the ground in every-day trade and nurture relationships in high places to ensure smooth, profitable, and secure business. As the sources reveal, they engaged in a variety of gift-giving behaviours in building relationships with Russians advantageous to their enterprise.


Author(s):  
Frederick Beiser

Hamann was one of the most important critics of the German Enlightenment or Aufklärung. He attacked the Aufklärung chiefly because it gave reason undue authority over faith. It misunderstood faith, which consists in an immediate personal experience, inaccessible to reason. The main fallacy of the Aufklärung was hypostasis, the reification of ideas, the artificial abstraction of reason from its social and historical context. Hamann stressed the social and historical dimension of reason, that it must be embodied in society, history and language. He also emphasized the pivotal role of language in the development of reason. The instrument and criterion of reason was language, whose only sanction was tradition and use. Hamann was a sharp critic of Kant, whose philosophy exemplified all the sins of the Aufklärung. Hamann attacked the critical philosophy for its purification of reason from experience, language and tradition. He also strongly objected to all its dualisms, which seemed arbitrary and artificial. The task of philosophy was to unify all the various functions of the mind, seeing reason, will and feeling as an indivisible whole. Although he was original and unorthodox, Hamann’s critique of reason should be placed within the tradition of Protestant nominalism. Hamann saw himself as a defender of Luther, whose reputation was on the wane in late eighteenth-century Germany. Hamann was also a founder of the Sturm und Drang, the late eighteenth-century literary movement which celebrated personal freedom and revolt. His aesthetics defended creative genius and the metaphysical powers of art. It marked a sharp break with the rationalism of the classical tradition and the empiricism of late eighteenth-century aesthetics. Hamann was a seminal influence upon Herder, Goethe, Jacobi, Friedrich Schlegel and Kierkegaard.


2022 ◽  
pp. 193-213
Author(s):  
Florin Gaiseanu

This chapter described the intimate processes of the informational system of the human body and cells and their effect on the mind in order to understand how information is received/operated and integrated in the genetic structure of the organism by epigenetic mechanisms. Individual education/learning are the basic processes allowing the knowledge/judgement of mediated reality, and for the formation of decision criteria, beliefs, and mentality. The contributive role of media in education/behavior is highlighted, revealing the positive/negative effects of the persuasive messages in interaction with individual/collective beliefs and mentality. The inoculation techniques applied in various fields of media are discussed from the informational perspective, emphasizing the implication of the cognitive centers on such processes. Big data analysis and predictive conclusions on the social effects are used nowadays as feedback support, helping the optimization of the relation between audience and media products.


Author(s):  
Marcel Hénaff

When it comes to giving, philosophers love to be the most generous. For them, every form of reciprocity is tainted by commercial exchange. In recent decades, such thinkers as Derrida, Levinas, Henry, Marion, Ricoeur, Lefort, and Descombes, have made the gift central to their work, haunted by the requirement of disinterestedness. As an anthropologist as well as a philosopher, the author of this book worries that philosophy has failed to distinguish among various types of giving. This book returns to Mauss to reexamine these thinkers through the anthropological tradition. Reciprocity, rather than disinterestedness, the book shows, is central to ceremonial giving and alliance, whereby the social bond specific to humans is proclaimed as a political bond. From the social fact of gift practices, the book develops an original and profound theory of symbolism, the social, and the relationship between self and other, whether that other is an individual human being, the collective other of community and institution, or the impersonal other of the world.


Water Policy ◽  
2010 ◽  
Vol 12 (6) ◽  
pp. 822-831 ◽  
Author(s):  
Alistair Rieu-Clarke

The global water policy agenda has long called for a holistic approach to water resources management. However, key challenges remain in turning policy into practice, not least in managing conflict and enhancing cooperation over international watercourses. Towards such an endeavour, a better understanding of the role of watercourse treaties is needed. To date, much of the non-legal literature has failed to capture fully the unique characteristics of the international legal system. Conversely, much of the legal scholarship has failed to account for the social, economic and political context in which law operates. The paper therefore calls for a nuanced approach to the study of watercourse treaties. An approach is suggested that is sensitive to the normative content of watercourse treaties, the ‘package’ of norms, the multi-level governance context and the influence of treaties in shaping state behaviour throughout the entire regime building process.


2019 ◽  
Vol 74 (1) ◽  
pp. 113-124
Author(s):  
Klaus Geiselhart ◽  
Tobias Häberer

Abstract. Poststructuralist theory focuses largely on describing how and why subjects reproduce the social conditions they have internalised. This is a deconstruction of the central idea of the Enlightenment, the human capacity for autonomous action. At the same time, however, it also denies all individuals any responsibility and ultimately leads criticism into a crisis. Pragmatist philosophy offers the possibility of determining the role of the mind in processes of becoming a subject without abandoning the achievements of the poststructuralist concept of subjectification. The concept of transaction describes how actors constitute each other as subjects within social situations. The relationships that arise through such processes depend, among other things, on the personalities of those people involved. Accordingly, it is possible to identify the responsibility of individuals to govern their social relations and personality development. Since these aspects can only be determined in localised individual cases, this offers a particularly suitable starting point for geographical critic.


2020 ◽  
Vol 4 (2) ◽  
pp. 108-121
Author(s):  
Gidion Gidion

The importance of the work of the Holy Spirit in the Church's history over time becomes a basic need for researching understanding of the role of the Holy Spirit in the church service. So the goal of this research is to analyze the letter of 1 and 2 Timothy regarding the doctrine of the Holy Spirit's role in church services. Specifically, the study using the exegesis principles to approach texts, while among historical analysis, context analysis, syntax analysis, analysis morphology, and lexical analysis of the text. So the results of this study explained that the role of the Spirit is the Holy provide an affirmation that Jesus is Lord, lead servants of God in the time of trouble, equipping servant of the Lord with the gift of ministry (2 Tim. 1: 6), stating prophecy (1 Tim. 4: 1), giving the power airport (1 Tim. 4:14), guiding people believe, teach, reveals the mind of God, inspired preaching of the word of God. Abstrak: Pentingnya memahami pekerjaan Roh Kudus dalam sejarah gereja dari waktu ke waktu menjadi kebutuhan dasar untuk meneliti pemahaman tentang peran Roh Kudus dalam pelayanan gereja. Jadi tujuan dari penelitian ini adalah untuk menganalisis surat 1 dan 2 Timotius mengenai doktrin peran Roh Kudus dalam pelayanan gereja. Secara khusus, penelitian ini menggunakan prinsip-prinsip penafsiran untuk mendekati teks, sedangkan di antara analisis historis, analisis konteks, analisis sintaksis, analisis morfologi, dan analisis leksikal teks. Jadi hasil dari penelitian ini menjelaskan bahwa peran Roh adalah yang Kudus memberikan penegasan bahwa Yesus adalah Tuhan, memimpin hamba-hamba Allah di masa kesusahan, memperlengkapi hamba Tuhan dengan karunia pelayanan (2 Tim. 1: 6), yang menyatakan nubuat (1 Tim. 4: 1), memberikan kekuatan bandara (1 Tim. 4:14), membimbing orang-orang percaya, mengajar, mengungkapkan pikiran Allah, mengilhami pemberitaan firman Allah. 


2009 ◽  
Vol 6 (3) ◽  
pp. 637-644
Author(s):  
THEODORE M. PORTER

Is intelligence a fit topic for intellectual history? The creation and institutionalization of IQ (the initials have become self-sufficient, and no longer stand for “intelligence quotient”) have been a favorite topic in the history of psychology, and have even achieved some standing in social histories of class, race, and mobility, especially in the United States. The campaign to quantify intelligence tended to remove it from the domain of intellectual history, which after all has traditionally emphasized ideas and interpretations. Measurement, and not alone of the mind, was pursued as a way to rein in the intellect by making it more rigorous. What was pushed out the door, however, returned through the window in the form of debates about what intelligence means; in what sense and with what tools it can be measured; and how these measures relate to other ways of comprehending mind, thought, and reason. Quantification, a potent strategy for releasing science from the grip of history, is itself profoundly historical, as a half-century of modern scholarship has demonstrated. This historicizing of the antihistorical embodies what we may call counterreflexivity, and, as such, is partly about puncturing illusions, though it need not take a negative view of the social role of science. The perspective of history is all the more essential because the depoliticization of merit through science entails a consequential moral and political choice. Measurement, by rationalizing and stabilizing the idea of intelligence, enabled it more readily to enter everyday discourse and to be put to work in schools, businesses, and bureaucracies.


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