Toward a Postmodern Theory of Law

Author(s):  
Ana Julia Bozo de Carmona

Law at the end of the twentieth century is a practice based on legal-philosophical concepts such as the representational theory of truth, neutrality, universality, and legitimacy. The content of such concepts responds to the tradition of the western cultural paradigm. We share the experience of fragmentation in this cultural unanimity: we live in a world of heterogeneousness and multiplicity that upholds the claims of different concepts of the world and of life shared by dwellers in microspaces. The theory of law should be adapted to take this experience into account. We propose a change in direction oriented toward the creation of operational legal concepts: creative justice, perspectivist rationality, a systemic theory of truth and a judicial process that guarantees the multicultural experience. Postmodernity affirms the urgent need for a new form of legal reasoning.

2018 ◽  
Vol 20 (91) ◽  
pp. 106-110
Author(s):  
O. V. Haletskyy

The anthropic turn of philosophy appears as a theoretical justification of the transition in the twentieth century from the state-totalitarian regimes to the globalization-information society, demo-liberal regimes and human rights. Since the middle of the twentieth century through so-called new science arises a new process-creative-centric image of the world in what the development of the anthroponomospherical tendency became the so-called socio-cultural paradigm, what is an increase in the conscious-spiritual factors of development. In the justifications of the anthropic principle of Carter, world-formation is concentrated in man as a personified creation of all cosmic, biological and social-spiritual forces, a continuation and continuater of world creation. The idea of a man as a cosmic being, but capable of his reconstruction, is further developed in a wide anthropocosmism. In the special anthropophilosophy of the first half of the twentieth century. The subject of reflection is the explanation and disclosure of the phenomenological meaning and the essence of human existence, the essence of which is that man is an animal, but is able to transcend himself, due to the spirit.


Author(s):  
Thomas Hippler

Thomas Hippler’s contribution focuses on the justifications of aerial bombing in the context of the inception of air warfare in the early twentieth century, especially, but not exclusively, in the realm of strategic thinking. The main purpose of the chapter is to point out the conceptions of international order behind the different justifications of aerial warfare and air strikes, in particular with regard to the strategic choice to target civil populations, which was first implemented through the concept of colonial ‘police bombing’ before being employed in strategic bombing campaigns. Hippler’s short genealogy of aerial bombings and their justifications interestingly reminds one of the local practices of declaring war and peace by early modern conquistadores (Arnulf Becker Lorca’s chapter) and nineteenth-century imperial agents (Lauren Benton’s chapter): as Thomas Hippler argues, with aerial warfare a new form of governance emerged, which (not least in its justification) points to a disturbing link to democracy.


Author(s):  
O. V. Khaletskyj

According to modern scientific and philosophical representations, the world is its creation as development. Because of anthroponoospherization, world development appears as a historical and spiritual development. A measure of progressive development are: 1) the completeness of the implementation of legislative tendency (directions) of development, 2) the superiority of the old to new, 3) the increase of consciousness and spiritual factors of development. In the development of society, the historical-spiritual appear to it: 1) degrees, 2) local ways (civilization) actually happen-ideas-development, which are: 1) initial with the stages of anthroposociogenesis, tribal community of collectors and hunters, the clan community of farmers and herders, 2) agrarian society with the stages of the first civilizations of the copper stone age  (Ancient Egyptian, Sumerian-Babylonian, Indo, Aegean, Hatto-Smallasian Early Chinese, Ancient American) iron age from the 1st millennium BC of ancient (Middle East, Antique, Ancient Indian and Ancient Chinese) and medieval (Far Eastern, Indian, Austrian, Central Asian, Iranian-Islamic, Eastern Christian and West Christian local civilizations) and so-called industrial society with preindustrialization XVIІІ-mid. ХVІІ century, industrialization the middle of ХVІІ–ХІХ centuries, industrial first half of Twentieth century and, the middle of XX century, the globalization-information stages of development with the corresponding all of them-events-ideas-development. Stages of development are determined by their main direction. Civilizations can be defined as local socio-culturaland organisms that are inherent in the physiognomic unity of distinctive features. In the process of historical development there is a growth of conscious-spiritual factors of development (socio-cultural paradigm), mainly as the implementation of various socio-cultural projects, which prompts the creation of consciously projected, intellectually creative, idea-creative, spiritually-constructed world as it happens-idea- development. Events are actingknowledged as ideas, and ideas are projected as development. All further history of mankind is the deduction and embodiment of consciously-projected ideas. Socio-cultural projects require the realization, and that’s why historical development is somehow dejected, and is carried out as some kind of enthusiasm. Religion - faith in God through the cult, what is the act of consciousness (faith) of world creation (God) through its activation in itself (the cult). The historical-spiritual world-development are as follows: 1) the continuation of the world creation, 2) the belief of realization as a kind of locomotive, because of what 3) religious socio-cultural projects of spiritual world transformation are currently the largest. From the New Times monotheism comes into the secular phase of practicing faith. From the seventeenth century humanity passes to industrial ways of development and to the twentieth century. the world economy is formed, world politics and world spirituality that are from the middle of Twentieth century turn into the globalization-informational period of “the inventive future”, when any social and cultural projects can be implemented. There is a world civilization as a cathedral unity of national cultures. In the field of religious, there is not immorality, but newly-religions as a God's gradual faith. Innovation faith occurs as: 1) ecumenization, 2) secularization, and 3) new secular dynastic theologians. A peculiar “spiritual evaporation” of globalization processes is the maturation of the so-called universal religion. There can be no universal religion, only a universal faith can be. Universal religion is not a separate religion, but the unity of all religions of the world as its spiritual transformation. Universal religion arises as 1) activation of the creative forces of man, 2) the locomotive of socio-cultural projects that require the faith realization, 3) as a social and cultural project for the spiritual transformation of the world (God's reign, etc.). The unity of all religions in the world is currently the most expressed in theistic evolutionism, which in modern universal evolutionism receives a scientific and philosophical justification, where a new process-creative-centric image of the world for its transformation arises. Secular gradual faith passes into the development of the world, world-wide – the consciousness of the world as its development, which is achieved by the event-idea-development. The world of faith appears in three hypostases: 1) as the unity of all religions of the world as its spiritual transformation, 2) the world is not religion, but faith, and 3) acts consciousness of the world as its development. Concentration of the meanings of spiritual uplift form the so-called spiritual republics (Zion, Shambhala, mountainous Jerusalem, etc.) as our antisocial spiritual homeland. World-development of historical-spiritual appears as an intelligent world development (World building).


2001 ◽  
pp. 85-90
Author(s):  
O. V. Kozerod

The development of the Jewish religious movement "Khabad" and its organizations in the first quarter of the twentieth century - one of the important research problems, which is still practically not considered in the domestic Judaica. At the same time, this problem is relevant in connection with the fact that the religious movement "Khabad" during the twentieth century became the most widespread and influential area of Judaism in Ukraine and throughout the world.


Author(s):  
Jesse Schotter

Hieroglyphs have persisted for so long in the Western imagination because of the malleability of their metaphorical meanings. Emblems of readability and unreadability, universality and difference, writing and film, writing and digital media, hieroglyphs serve to encompass many of the central tensions in understandings of race, nation, language and media in the twentieth century. For Pound and Lindsay, they served as inspirations for a more direct and universal form of writing; for Woolf, as a way of treating the new medium of film and our perceptions of the world as a kind of language. For Conrad and Welles, they embodied the hybridity of writing or the images of film; for al-Hakim and Mahfouz, the persistence of links between ancient Pharaonic civilisation and a newly independent Egypt. For Joyce, hieroglyphs symbolised the origin point for the world’s cultures and nations; for Pynchon, the connection between digital code and the novel. In their modernist interpretations and applications, hieroglyphs bring together writing and new media technologies, language and the material world, and all the nations and languages of the globe....


2016 ◽  
Vol 46 (1) ◽  
pp. 38-47
Author(s):  
Geoffrey Squires

Modernism is usually defined historically as the composite movement at the beginning of the twentieth century which led to a radical break with what had gone before in literature and the other arts. Given the problems of the continuing use of the concept to cover subsequent writing, this essay proposes an alternative, philosophical perspective which explores the impact of rationalism (what we bring to the world) on the prevailing empiricism (what we take from the world) of modern poetry, which leads to a concern with consciousness rather than experience. This in turn involves a re-conceptualisation of the lyric or narrative I, of language itself as a phenomenon, and of other poetic themes such as nature, culture, history, and art. Against the background of the dominant empiricism of modern Irish poetry as presented in Crotty's anthology, the essay explores these ideas in terms of a small number of poets who may be considered modernist in various ways. This does not rule out modernist elements in some other poets and the initial distinction between a poetics of experience and one of consciousness is better seen as a multi-dimensional spectrum that requires further, more detailed analysis than is possible here.


2018 ◽  
Vol 13 (4) ◽  
pp. 496-517
Author(s):  
Ned Hercock

This essay examines the objects in George Oppen's Discrete Series (1934). It considers their primary property to be their hardness – many of them have distinctively uniform and impenetrable surfaces. This hardness and uniformity is contrasted with 19th century organicism (Gerard Manley Hopkins and John Ruskin). Taking my cue from Kirsten Blythe Painter I show how in their work with hard objects these poems participate within a wider cultural and philosophical turn towards hardness in the early twentieth century (Marcel Duchamp, Adolf Loos, Ludwig Wittgenstein and others). I describe the thinking these poems do with regard to industrialization and to human experience of a resolutely object world – I argue that the presentation of these objects bears witness to the production history of the type of objects which in this era are becoming preponderant in parts of the world. Finally, I suggest that the objects’ impenetrability offers a kind of anti-aesthetic relief: perception without conception. If ‘philosophy recognizes the Concept in everything’ it is still possible, these poems show, to experience resistance to this imperious process of conceptualization. Within thinking objects (poems) these are objects which do not think.


2019 ◽  
Vol 58 (2) ◽  
pp. 249-259
Author(s):  
Joseph Acquisto

This essay examines a polemic between two Baudelaire critics of the 1930s, Jean Cassou and Benjamin Fondane, which centered on the relationship of poetry to progressive politics and metaphysics. I argue that a return to Baudelaire's poetry can yield insight into what seems like an impasse in Cassou and Fondane. Baudelaire provides the possibility of realigning metaphysics and politics so that poetry has the potential to become the space in which we can begin to think the two of them together, as opposed to seeing them in unresolvable tension. Or rather, the tension that Baudelaire animates between the two allows us a new way of thinking about the role of esthetics in moments of political crisis. We can in some ways see Baudelaire as responding, avant la lettre, to two of his early twentieth-century readers who correctly perceived his work as the space that breathes a new urgency into the questions of how modern poetry relates to the world from which it springs and in which it intervenes.


Author(s):  
O. O. Gubka

The features of unmanned rocket and space engineering´s development in the USSR and in the world in the first half of the XX century were considered in the article. They defined subsequent formation of scientific and technical schools in the rocket and space industry.


Author(s):  
Seva Gunitsky

Over the past century, democracy spread around the world in turbulent bursts of change, sweeping across national borders in dramatic cascades of revolution and reform. This book offers a new global-oriented explanation for this wavelike spread and retreat—not only of democracy but also of its twentieth-century rivals, fascism, and communism. The book argues that waves of regime change are driven by the aftermath of cataclysmic disruptions to the international system. These hegemonic shocks, marked by the sudden rise and fall of great powers, have been essential and often-neglected drivers of domestic transformations. Though rare and fleeting, they not only repeatedly alter the global hierarchy of powerful states but also create unique and powerful opportunities for sweeping national reforms—by triggering military impositions, swiftly changing the incentives of domestic actors, or transforming the basis of political legitimacy itself. As a result, the evolution of modern regimes cannot be fully understood without examining the consequences of clashes between great powers, which repeatedly—and often unsuccessfully—sought to cajole, inspire, and intimidate other states into joining their camps.


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