scholarly journals Affection of Law: Fichte on the Place and Boundaries of Pure Ethics of the Imperative

2019 ◽  
Vol 38 (3) ◽  
pp. 56-80
Author(s):  
Andrey K. Sudakov

In his popular 1806 lectures on religion Fichte considered five possible worldviews in the second of which, “the standpoint of legality”, one can readily recognise the ethics of law of the Stoical and Kantian type. Fichte stresses that in his youth he himself shared this worldview. However, he hastens to adduce a series of original arguments to show that this position is essentially incapable of delivering a pure and higher moral doctrine. I examine the substance of these critical arguments in the context of his later metaphysics. Fichte maintains that in the “second type” of worldview man himself feels and understands, respects and loves himself only as a subject of unconditional law, therefore the pathos and “affection of law” pervades all his assessments and motivations. This affects the impartiality of moral assessment if the requirements of the law are diverged from. The “man of law”, the Stoic and Kantian who is not conscious of direct violations of the law, can at most not despise himself, but he cannot, according to Fichte, positively respect himself: that would require surpassing the requirement of the law through action. Meanwhile the affection of the self-sufficient law conceals even this impossibility from such a person. Finally, I show that the ethics of the Stoical and Kantian type retains, according to Fichte’s diagnosis, a refined interest in preserving and indulging the sensual self and hence the idea of God as the warrantor of empirical happiness / bliss. Accordingly, the “overturn in the state of mind” sought by the Kantian himself implies “the highest act of freedom”, which is inaccessible to him and beyond which the perspective of the world as law is replaced for the subject by the perspective of the Kingdom of the Spirit in which the “selfhood” of each moral agent is practically overcome.

2019 ◽  
Vol 3 (4) ◽  
pp. 24-31
Author(s):  
Jessenia Paredes Bernal

En el ser humano el estado de ánimo puede ser normal, elevado o deprimido, el sujeto pierde la sensación de control sobre su ánimo y experimenta incomodidad general. Cuando estos se agravan se convierten en trastornos del Estado de Animo que se divide en bipolares y depresivos. La depresión es un sentimiento persistente de inutilidad, pérdida de interés por el mundo y falta de esperanza en el futuro, que modifica negativamente la funcionalidad del sujeto en ocasiones llevándolo a tomar decisiones equivocadas como el suicidio. En este estudio se pretendió analizar este trastorno desde los principios de la psicología clínica y de la salud para objetivar la desesperanza, las expectativas negativas con respecto al individuo mismo y a su vida futura en 42 estudiantes de bachillerato. Los resultados obtenidos permitieron observar que si existe una relación entre los trastornos de ánimo y los intentos de suicidio que se detectaron en la escala de evaluación. Como conclusión es necesario recalcar la importancia de la detección temprana de los cambios de estado de ánimo en los adolescentes puede evitar un suicidio la misma que es la segunda causa de muerte, según el informe de la Organización Mundial de la Salud. Abstract In the human being, the state of mind can be normal, elevated or depressed, the subject loses the feeling of control over their mood and experiences general discomfort. When these are aggravated they become disorders of the State of Animo that is divided into bipolar and depressive. Depression is a persistent feeling of uselessness, loss of interest in the world and lack of hope in the future, which negatively modifies the functionality of the subject at times leading him to make wrong decisions such as suicide. In this study, we tried to analyze this disorder from the principles of clinical psychology and health to objectify the hopelessness, the negative expectations regarding the individual himself and his future life in 100 high school students. The results obtained allowed to observe that if there is a relationship between mood disorders and suicide attempts that were detected in the evaluation scale. In conclusion it is necessary to emphasize the importance of early detection of mood swings in adolescents can avoid suicide which is the second cause of death, according to the report of the World Health Organization.


Author(s):  
Ю. М. Оборотов

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


2019 ◽  
Vol 29 (5) ◽  
pp. 135-150

The springboard for this essay is the author’s encounter with the feeling of horror and her attempts to understand what place horror has in philosophy. The inquiry relies upon Leonid Lipavsky’s “Investigation of Horror” and on various textual plunges into the fanged and clawed (and possibly noumenal) abyss of Nick Land’s work. Various experiences of horror are examined in order to build something of a typology, while also distilling the elements characteristic of the experience of horror in general. The essay’s overall hypothesis is that horror arises from a disruption of the usual ways of determining the boundaries between external things and the self, and this leads to a distinction between three subtypes of horror. In the first subtype, horror begins with the indeterminacy at the boundaries of things, a confrontation with something that defeats attempts to define it and thereby calls into question the definition of the self. In the second subtype, horror springs from the inability to determine one’s own boundaries, a process opposed by the crushing determinacy of the world. In the third subtype, horror unfolds by means of a substitution of one determinacy by another which is unexpected and ungrounded. In all three subtypes of horror, the disturbance of determinacy deprives the subject, the thinking entity, of its customary foundation for thought, and even of an explanation of how that foundation was lost; at times this can lead to impairment of the perception of time and space. Understood this way, horror comes within a hair’s breadth of madness - and may well cross over into it.


1967 ◽  
Vol 36 (2) ◽  
pp. 170-188
Author(s):  
Alexander Lipski

It is generally accepted that even though rationalism was predominant during the eighteenth century, a significant mystical trend was simultaneously present. Thus it was not only the Age of Voltaire, Diderot, and Holbach, but also the Age of St. Martin, Eckartshausen and Madame Guyon. With increased Western influence on Russia, it was natural that Russia too would be affected by these contrary currents. The reforms of Peter the Great, animated by a utilitarian spirit, had brought about a secularization of Russian culture. Father Florovsky aptly summed up the state of mind of the Russian nobility as a result of the Petrine Revolution: “The consciousness of these new people had been extroverted to an extreme degree.” Some of the “new people,” indifferent to their previous Weltanschauung, Orthodoxy, adopted the philosophy of the Enlightenment, “Volter'ianstvo” (Voltairism). But “Volter'ianstvo” with its cult of reason and belief in a remote creator of the “world machine,“ did not permanently satisfy those with deeper religious longings. While conventional Orthodoxy, with its emphasis on external rites, could not fill the spiritual vacuum, Western mysticism, entering Russia chiefly through freemasonry, provided a satisfactory alternative to “Volter'ianstvo.”


Author(s):  
Anatolii S. Sharov

Based on the analysis of the previously unpublished heritage of Eh. Husserl, the so-called “Bernau-manuscripts” in the horizon of genetic phenomenology, a holistic consideration of subjectivity from the affectively pre-given to the Self as a collection of the self is outlined. Passive synthesis and passive genesis are analysed at the level of sensuality, which refers to the pre-predicative experience of affеction and genetically precedes the thematic correlation between the subject and the world. The accumulation of one’s own Self takes place in onto-reflexive processes through effective communication. Where the Self itself is the identical center, the pole with which the entire content of the stream of experiences is correlated.


2014 ◽  
Vol 31 (1) ◽  
pp. 97-100
Author(s):  
Caroline Tee

M. Hakan Yavuz was one of the early contributors to the literature on theGülen movement, co-editing a major volume on the subject with John Espositoin 2003 (Hakan Yavuz and John Esposito, Turkish Islam and the SecularState: The Gülen Movement [Syracuse University Press: 2003]). In the interveningdecade the movement has grown considerably in size and influenceboth within Turkey and beyond, and has emerged as a major source of interestand apparently perennial controversy. Towards an Islamic Enlightenment istherefore a timely if ambitious book, for it sets out to provide a comprehensiveaccount of the movement. The author opens with an analysis of FethullahGülen’s theological teachings and then explores the movement’s structure andorganization, as well as its emergence and development in the context of Turkishsocial, religious, and political history. No other scholar has attempted sucha holistic analysis, for others tend to focus on just one of its many areas of influence,namely, education (Bekim Agai, Zwischen Netzwerk und Diskurs -Das Bildungsnetzwerk um Fethullah Gülen (geb. 1938): Die flexible Umsetzungmodernen islamischen Gedankengutes [EB-Verlag, 2004]), politics(Berna Turam, Between Islam and the State: The Politics of Engagement[Stanford University Press: 2007]), and economic enterprise (Joshua D. Hendrick,Gülen: The Ambiguous Politics of Market Islam in Turkey and the World[New York Press: 2013]).Yavuz lays out his thesis of “Islamic Enlightenment” in the introductionby drawing a paradigmatic distinction between the Muslim intellectual tradition’sliteralist/fundamentalists and modernist/reformists. He acknowledgesthe impact of Enlightenment ideas on the major thinkers in the latter category,but notes that those ideas have historically remained the preserve of the Muslimelite and never “penetrated the masses” (p. 6). According to Yavuz, the ...


Author(s):  
Yumiko Inukai

James contends that the rejection of conjunctive relations in experience leads Hume to the empirically groundless notion of discrete elements of experience, which James takes as the critical point that differentiates his empiricism from Hume’s. In this chapter, I argue that James is not right about this: Hume not only allows but employs experienced conjunctive relations in his explanations for the generation of our naturally held beliefs about the self and the world. There are indeed striking similarities between their accounts: they both use the relations of resemblance, temporal continuity, constancy, coherence, and regularity, and the self. Also, objects are constructed out of basic elements in their systems—pure experience and perceptions, respectively. Although collapsing the inner and outer worlds of the subject and object into one world (of pure experience for James and of perceptions for Hume) may seem unintuitive, this is exactly what allows them to preserve our ordinary sense of our experiences of objects.


2002 ◽  
Vol 17 (4) ◽  
pp. 192-192
Author(s):  
Ian Winspur

I enjoyed Alice Brandfonbrener’s editorial “But I Didn’t Ask to Be a Lawyer” in the June 2002 issue of MPPA [MPPA 2002;17(2):57]. I understand and sympathize with her. Many physicians who, like her, are involved in these cases for altruistic reasons rather than pure commercial—-and I believe that this is more common in the world of performing arts medicine—-must find themselves in the same predicament. However, in the words of an eminent English lawyer, who qualified and practiced as a gynecologist before turning to the law, when considering medical and scientific evidence (or in many cases, including performers, non-scientific evidence!): “However scientific the subject matter of the claim and however recondite the evidence and the argument, the legal definitions must apply in a Court of Law; the problem for the lawyer is in making the scientist understand a totally different concept of proof required by the court.” Therefore physicians involved, whether altruistic or not, must understand the basis of these claims.


Author(s):  
Mike McConville ◽  
Luke Marsh

The point at which the liberty of the subject can be subject to interference by force of the law is a critical issue and one reliant on the integrity of judicial oversight. Focusing on the start of the twentieth century, this chapter addresses the discontinuities in the then existing rules relating to the interrogation of suspected persons (embodied by the Judges’ Rules of 1912, whose obscure origins are discussed) and the divergent responses of different police forces to the cautioning and questioning process. From this it explores how the need for closer formal regulation arose and the role of Home Office officials (the very same as those involved in the Adolph Beck case) in drafting the first revision of the Judges’ Rules in 1918 which were to remain in force for almost fifty years. These inapt and inexpertly drafted Rules thereafter laid the foundations for policing regulation in jurisdictions around the world.


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