"实践"的内在张力与话语转换契机的开启--当代马克思主义法律理论研究新探

当代马克思主义法律理论的研究面临着从批判性导向向建设性导向的话语转换的需要。而传统马克思主义法律理论对法律规范意义的一贯抛弃态度,是实现话语转换的困难所在。本文通过回溯马克思的实践思想,发现否弃法律的规范意义并非马克思思想的固有逻辑。而籍由马克思实践思想中所蕴涵着的实践的内在张力性框架,可以把法律的规范意义容纳进来,并在此基础上开启出马克思主义法律理论研究谋求自身内部话语转换的可能和契机。     

政治经济学批判的唯物史观基础

资本逻辑的最大问题是人与人的关系表现为物与物的关系,劳动者的劳动过程表现为资本的价值增殖过程。马克思唯物史观视域中的政治经济学批判理论不是立足于这两者中的任何一方,而是去思考导致前者表现为后者的那个特定历史阶段的生产关系的内在矛盾。这种解读视域下的政治经济学批判所揭示的是一种社会历史过程的批判,其核心在于探索批判对象即资本在现实社会历史过程中的内在矛盾运动规律,对资本的超越与扬弃都是建立在自觉地掌握与运用这种内在矛盾运动规律基础上的。这代表了马克思的政治经济学批判理论在解读视域、解读内容等方面对他同时代的政治经济学批判理论的真正超越。国外学界的一些左派学者在解读马克思的这一理论时并没有真正进入他的唯物史观视域。     

论数理逻辑中的非反推理演算——兼答《辩证逻辑究竟是不是逻辑?》

正统数理逻辑实质上仅只涉及了逻辑常项(非范畴词)及其非演算(一),而逻辑变项(范畴词)及其反演算(～)实质上至今未进入数理逻辑学家们的视野.然而,事实上前者与后者之间有正反对称互补关系.缺失后者,导致了前者根本无法克服的单调性;补上后者,正统数理逻辑将会扩展成为非单调性的逻辑——这对发展计算机的推理技术,对解除大批似是而非的逻辑矛盾(悖论),将具有重大的技术意义和理论意义.     

论逻辑学的“自然转向”及其理论史意义

逻辑的自然转向是一种崭新的理论趋势,应予以高度关注:自然转向的理论基础是自然化的逻辑,后者遵循关照主体原则从而为前者的萌生提供逻辑支撑;自然转向的思想渊源来自杜威与奎因等相关学者的思想,其中的自然化研究风格为逻辑的自然转向埋下伏笔;自然转向的嬗变历程是内嵌于逻辑史的长期过程,是对数学转向和实践转向的批判性接续;自然转向的重要意义在于重新发掘主体之于逻辑的始源性,从而为逻辑学研究之主体回归铺平道路。     

论“后现代”及在心理学研究中的作用

本文从后现代哲学的逻辑起点,阐述了后现代哲学的基本主张和后现代心理学的理论构建。根据后现代主义心理学在哲学上的逻辑悖论,得出结论：后现代主义不可能发起和领导反对科学主义心理学主流地位的科学革命,也不可能将心理学统一于后现代主义的研究范式;后现代主义在心理学研究中的功用是提供最彻底的批判思维方式。     

马克思恩格斯文本中的法(Recht)与法律(Gesetz)

马克思在早期的政治思考和政论写作中,深受黑格尔理性自然法学的影响,将法与法律作为两个既不同又相关的概念加以使用,“法”被当成可以证成“制定法”的上位概念,具有“自然法”的地位和意义。随着唯物史观的创立,马克思恩格斯开始将法视为与法律一样的,皆是受物质生活条件制约的统治阶级意志的体现。随着他们后来思入“世界历史性”的进程以及开始对古代社会的研究,又逐渐弄清了原始公社的解体使社会产生分裂和对立这一阶级社会产生的历史过程。恩格斯为了完成马克思的遗愿,对古代社会进行了深入的研究,对于法与法律又有了全新看法,这主要体现在他对《共产党宣言》英译的审订与加注之中,也体现在他的《家庭、私有制和国家的起源》一书中。在马克思恩格斯后来的文本中,法与法律这两个概念在使用上已有所不同,前者主要是被作为一种观念认识,而后者一般地被当作一种社会现象;前者本身就是一种意识形态,是统治阶级的利益和要求的观念表达,因而具有阶级性,而后者在阶级社会中必然要受到前者的影响,但是,因其并非只是存在于阶级社会之中,故而阶级性就并不构成法律所固有的本质。本文从对Recht和Gesetz两个语词的分析出发,力图将概念史的分析与思想...     

后现代语境与马克思哲学总体性概念的再思考

随着后现代主义的扩散,总体性的哲学观念受到了根本性的否定,马克思哲学的总体性理论,作为现代性谱系的构成要素,也成为后现代批评的焦点。本文从资本逻辑的历史形态学出发,认为马克思哲学的总体性思想是他批判资本主义及其文化的理论基础,强调差异、非总体化的后现代主义,体现了资本在后组织化(弹性生产)资本主义社会的文化理念,这是不同于组织化资本主义社会总体性的另一种总体性,重思马克思哲学的总体性观念,才能更为真实地透视后组织化资本主义及其文化逻辑,这构成了马克思哲学当代理解的一个重要维度。     

对社会心理的探讨

社会心理现象既具有社会学的特性,又具有强烈的感情因素。社会学与心理学都不可能彻底解释这种现象,社会心理学应构成一门独立的科学。社会心理学既研究大集团的心理,也研究小集团的心理。社会心理虽然有反映社会存在的一方面,但是还有“实践的”方面;前者即表象与概念,构成公共意识的特殊内容,后者即意志与感情、行为与行动,构成社会心理的特殊内容;后者比前者更活跃,更不稳定。艺术反映的特殊对象正是社会心理。艺术中刻画的人物的心理体现着整整一个社会阶级或阶层的心理。这种社会心理是复杂的,充满了矛盾的。某一阶级的思想体系大体上是同其社会心理吻合的,但两者之间也有不吻合的地方。同思想体系相比,社会心理表现出三个特征:自发性;多样性和易变性;非系统化和非概念化。思想体系与社会心理构成社会意识,它体现着社会精神生活的整体。     

“道”与“术”:老子思想的本义和引申义——以“不争”和“柔弱胜刚强”为例

《老子》一书具有相当高的形上思辨水平,其中的很多思想都可以作为具有普遍意义的思想方法而运用于社会生活的各个方面。这也就是说,《老子》的思想较之其他诸子的思想,更容易对其本义予以引申和发挥。不可否认,此种本义和引申义之间存在着由前者转化为后者的理论联系,但这并不意味着前者可以与后者混而为一;在引申出后者之后,前者的意义应该仍然独立存在。     

现代性与后现代性辩证法的重建——论韦尔默对哈贝马斯现代性理论的内在批判

韦尔默是批判理论第二代的重要代表,他的思想沿续了哈贝马斯理论的交往转向。但是,相对于哈贝马斯对后现代主义的总体否定立场,韦尔默认为,后现代性是现代性自身发展的结果,后现代主义是现代主义的内在批判和彻底化。现代性与后现代性之间不是简单对立关系,而是相互依赖和相互交织的辩证关系。本文试图通过阐述韦尔默的现代性和后现代性辩证法的重建逻辑,探讨韦尔默思想与哈贝马斯思想之间的内在批判,这种内在批判关系可以通过意义和真理、民主与政治关系的重新理解来展开。     

In Defense of Individualism

This paper offers a programmatic philosophical articulation of moral and political individualism. This individualism consists of two main components: value individualism and rights individualism. The former is the view that, for each individual, the end which is of ultimate value is his own well-being. Each individual's well-being has ultimate agent-relative value and the only ultimate values are these agent-relative values. The latter view is that individuals possess moral jurisdiction over themselves, i.e., rights of self-ownership. These rights (along with other rights individuals may come to possess) constrain the manner in which agents may pursue value. For this reason, the articulated individualism is an constrained individualism. Sketches of arguments are offered for both value and rights individualism. And it is argued that the sole legitimate function of legal/political institutions is to further delineate and protect the rights of individuals. However, the paper is also concerned to indicate why this radical moral and political individualism does not have many of the features or implications that are commonly ascribed to it. In this connection, I seek to show how this social doctrine accords with individuals' having concern for the well-being of others, with the emergence of relationships among individuals that have both instrumental and non-instrumental value, with a degree of responsibility for self and others that is often thought to be antithetical to individualism and, in general, with a flourishing of civil order.     

Euthanasia and the Distinction Between Acts and Omissions

ABSTRACT It is commonly assumed that the view that passive euthanasia is morally preferable to active euthanasia is an implication of the view that killing someone is worse than merely letting her die, and that it is held by its proponents on this ground. Accordingly, attempts to discredit the former often take the form of attempted refutations of the latter. In the present paper, it is argued that such attempts are misguided, since the former view is not in fact implied by the latter.     

Définir ou détecter des pathologies ? Utilisation et interprétation des scores seuils à la lumière du débat dimensions/catégories

A number of psychometric tests are aimed at locating the performance of an individual along a continuous range that goes from normal to worrying. In a different paradigm, there are tests whose goal is to assess whether or not an individual is healthy with respect to a psychological, psychiatric or neurological pathology that is defined independently from the test itself. The former rely on a dimensional concept of psychopathologies; the latter imply a categorical concept. The former require to compare the performance of the individual to a standard sample that is representative of the general population; the latter involve a standard sample representative of the healthy population only. The former might imply the use of a cut-off score to indicate that a certain degree of rarity of the performance has been reached, while the latter must involve a cut-off score to make a decision (whether the individual belongs to the “healthy” or “pathological” category), a score that is most often set so as to control the false-positive rate in making this decision. In the former paradigm, the cut-off score defines or contributes to define the pathology. In the latter, it only helps detecting it. This article aims at making clear the difference between these two realms and highlight their practical as well as theoretical impact on psychological practice.     

Metalinguistic negotiation and logical pluralism

Logical pluralism is the view that there is more than one right logic. A particular version of the view, what is sometimes called domain-specific logical pluralism, has it that the right logic and connectives depend somehow on the domain of use, or context of use, or the linguistic framework. This type of view has a problem with cross-framework communication, though: it seems that all such communication turns into merely verbal disputes. If two people approach the same domain with different logics as their guide, then they may be using different connectives, and hence talking past each other. In this situation, if we think we are having a conversation about “\(\lnot A\)”, but are using different “\(\lnot \)”s, then we are not really talking about the same thing. The communication problem prevents legitimate disagreements about logic, which is a bad result. In this paper I articulate a possible solution to this problem, without giving up pluralism, which requires adopting a notion of metalinguistic negotiation, and allows people to communicate and disagree across domains/contexts/frameworks.

     

“Pure Joy”: Spinoza on Laughter and Cheerfulness

Laughter is a significant topic for Renaissance and seventeenth-century philosophers. Still, the latter rarely approved of laughter but endorsed it as useful mockery for theological or philosophical purposes. Benedict Spinoza’s view of laughter stands out as an exception to this attitude as well as to previous and later ones. Spinoza differentiates between mockery and laughter, denounces the former as evil, and characterizes the latter as “pure joy”: laughter is about oneself rather than another and originates in noticing something good, rather than base or ugly. In contrast to melancholy, cheerfulness is “always good” and is a precondition of our liberation as it furthers the use of reason. Not only is Spinoza’s view original, but it is an important source of the eighteenth-century notions of good-natured laughter and good humor through a more than probable influence on their proponent, the Earl of Shaftesbury. Whilst Spinoza’s view of cheerfulness is briefly addressed in recent studies, his view of laughter goes unnoticed in most commentaries and is misrepresented in humor studies. Contrary to what is assumed in the philosophy of laughter, I argue that the most important defense of laughter comes not from a British Enlightenment thinker, but from the Dutch Jewish seventeenth-century philosopher.     

Human Bonds

ABSTRACT There are three kinds of bonds between human beings: biological and natural; legal and artificial; social and voluntary. Marriage can be seen as an artificial and legal means of shifting the loose bonding of the third category of relationship into the deep and inescapable bonding of the first. The desire to create bonds of this type is widespread, but non-bonding, too, has been recommended either as good in itself—a way of achieving peace of mind or personal emancipation through wider relationships—or as necessary self-denial for some higher cause. In the latter case, the bonds of family are seen as a positive good, a view shared, though for different reasons, by religious and political conservatives and by revisionist feminists.
In contrast to this, three philosophical conceptions which would favour unbonding, or detachment from emotional ties, are categorised here as (a) the Stoic, (b) the Existentialist and (c) the Feminist. Within the Feminist ideal, it is radical, rather than liberal or socialist feminism that has most in common with Stoic or Existentialist ideals. These ideals are considered, together with various alternatives to marriage, and are judged not to override the need for deep personal bonds between human beings. These personal bonds of love and commitment are compared with the alternative bonds of religion and politics and it is concluded that, whatever forms they take, personal bonds have fundamental moral priority in the lives of human beings.     

Realization for Causal Nondeterministic Input-Output Systems

There are two well-developed formalizations of discrete time dynamic systems that evidently share many concerns but suffer from a lack of mutual awareness. One formalization is classical systems and automata theory. The other is the logic of actions in which the situation and event calculi are the strongest representatives. Researchers in artificial intelligence are likely to be familiar with the latter but not the former. This is unfortunate, for systems and automata theory have much to offer by way of insight into problems raised in the logics of action. This paper is an outline of how the input-output view of systems and its associated solution of state realization may be applied to the formalization of dynamics that uses a situation calculus approach. In particular, because the latter usually admits incompletely specified dynamics, which induces a non-deterministic input-output system behavior, we first show that classical state realization can still be achieved if the behavior is causal. This is a novel systems-theoretic result. Then we proceed to indicate how situation calculi dynamic specifications can be understood in systems-theoretic terms, and how automata can be viewed as models of such specifications. As techniques for reasoning about automata are abundant, this will provide yet more tools for reasoning about actions.     

Truth and consequences

In his 1987 paper “Truth or Consequences,” Dan Brock describes a deep conflict between the goals and virtues of philosophical scholarship and public policymaking: whereas the former is concerned with the search for truth, the latter must primarily be concerned with promoting good consequences. When philosophers are engaged in policymaking, he argues, they must shift their primary goal from truth to consequences—but this has both moral and methodological costs. Brock’s argument exemplifies a pessimistic, but not uncommon, view of the possible shape and nature of applied philosophy. The present paper paints a richer and more optimistic picture. It argues that the difference between theoretical philosophy and applied philosophy is not best understood as a choice between truth and consequences. On the contrary, applied philosophers engage in forms of truth-seeking that are properly concerned with consequences—including the consequences of philosophical practice itself.     

Adaptation to a direction-dependent visuomotor gain in the young and elderly

Consistent with the widely accepted notion of separate specification of movement amplitude and direction, it has been argued that there is also a categorical difference between adaptation to novel visuomotor rotations and to novel visuomotor gains. In line with this view, ageing seems to affect rotation and gain adaptation differently in that age-related impairments are consistently found for the former, but not for the latter. In this study we ask whether the contrasting findings could also be ascribed to differences in the level of difficulty of gain and rotation adaptation tasks, respectively. In order to increase the difficulty of gain adaptation, younger and older participants had to adapt to a direction-dependent gain transformation. Results revealed direction-dependent adaptation in both groups. More importantly, we replicated the typical findings of age-related impairments of adaptation, but not of aftereffects, that were previously only reported for rotation adaptation. Younger participants also showed superior explicit knowledge regarding the novel visuomotor mapping as compared to the older participants. We show that this knowledge was used by younger participants to selectively augment adaptive shifts. Finally, our findings suggest that the difficulty of the novel visuomotor transformation and, related to this, the involvement of explicit knowledge in adaptation is critical for age-related changes to show up, but not the type of adaptation task, rotation and gain adaptation, respectively.     

PATERNITY BETWEEN LAW AND BIOLOGY: THE RECONSTRUCTION OF THE ISLAMIC LAW OF PATERNITY IN THE WAKE OF DNA TESTING

Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority of Islamic law in this area, the paper argues that classical Islamic rulings pertaining to paternity issues continue to hold higher authority even in cases of conflict with modern technology‐based alternatives. Through closer analysis, the paper traces the emergence of a differentiation in the function of DNA tests between identity and paternity verification. While the former is accepted without reservation, the latter is approved only when it does not violate the rulings of Islamic law.