From symbolic law to narrative capacity: A paradigm shift in psychoanalysis?1

In the Freudian perspective, the primal phantasies, a refl ection of prehistory, oblige us through our phylogenetic heritage and its repetition in the ontogenetic to recognize the limits of generation and sex, to submit to the symbolic law represented by the father of the primal horde and to fi nd‐as is sought in the treatment‐one's ‘right’ place in the primal scene (Oedipus complex). Clinical experience with patients suffering from narcissistic disorders soon led certain analysts to propose a paradigm change, which has brought about important modifi cations to technique, but also, more recently, modifi cations at the level of metapsychology. Certain contemporary analysts have a conception of the subject focused on processes of interaction and communication between ‘thinking apparatuses’ in the here and now. The author shows that this current development is taking place in parallel with major trends in our postmodern era in which communication and negotiation replace former religious, mythical, philosophical, moral or political beliefs.     

AN ENGAGED BUDDHIST RESPONSE TO JOHN RAWLS'S THE LAW OF PEOPLES

In The Law of Peoples, John Rawls proposes a set of principles for international relations, his “Law of Peoples.” He calls this Law a “realistic utopia,” and invites consideration of this Law from the perspectives of non‐Western cultures. This paper considers Rawls's Law from the perspective of Engaged Buddhism, the contemporary form of socially and politically activist Buddhism. We find that Engaged Buddhists would be largely in sympathy with Rawls's proposals. There are differences, however: Rawls builds his view from the idea of independent nation–states, while the Buddhists see the world more in terms of a single humankind, the members being highly interdependent with one another, and also with the physical world. The Buddhists would also push harder than Rawls for global structures building multilateralism, restrict more severely justifications for war and behavior in war, stress economic justice more heavily, and insist on all the human rights in the Universal Declaration of Human Rights.     

The Neo‐Barthian Critique of Reinhold Niebuhr

The author notes an unclarity in David Novak's defense of Reinhold Niebuhr against Stanley Hauerwas's critique and identifies some issues left unsettled in the exchange between Novak and Hauerwas over Niebuhr's ethics. Specifically, the author proposes that the Barthian‐Hauerwasian communitarian rejection of Niebuhrian natural theology and natural law ignores the historical abuse of biblical theology in the German Christian response to the Nazis, fails to account for the fact of general moral revulsion against Nazism, and flirts itself with a conventionalist form of nihilism.     

“I WANTED ONE THING AND GOD WANTED ANOTHER . . . ”: The Dilemma of the Prophetic Example and the Qur'anic Injunction on Wife‐Beating

Chapter 4, verse 34 of the Qur'an permits husbands to physically discipline recalcitrant wives. Modern Muslims who find this husbandly privilege discomfiting often rely on Muhammad's prophetic practice to mitigate the meaning of this verse. In light of Muhammad's example of never hitting his own wives, as found in one prophetic report, they reinterpret the verse as restricting and/or voiding a husband's right to physically discipline his wife. This essay provides a critical and expository survey of prophetic reports related to the husbandly privilege to physically discipline wives. The essay argues that the modernists are correct in positing that Muhammad's prophetic practice was to morally censure husbands who hit their wives. However, taken as a whole, it is impossible to ignore that Muhammad's example also unilaterally upheld physical discipline as a husband's marital right.     

Pakistan Federal Shariat Court's Collective Ijtihād on Gender Equality,Women's Rights and the Right to Family Life

This article argues on the basis of recent case law that the judges of the Pakistan Federal Shariat Court (FSC) have asserted their right to ijtihād and have indeed engaged in collective ijtihād. While in some areas, such as freedom of religion, Islamic law has been interpreted rigidly in a non-human-rights-friendly fashion in Pakistan, in some other areas, the flexibility and pluralism of Islamic law has been used to improve gender equality, women's rights and the right to family life. By using its constitutional powers, with its collective ijtihād, the FSC has been tackling the traditionally illiberal interpretation and application of Muslim laws in these areas. Regardless of the methodology and process of this ijtihādic endeavor, the output shows that the FSC has been either modifying the traditional ijtihāds or coming up with totally new ijtihāds to answer contemporary questions faced by Islamic law. The findings of the article once again challenge the views of scholars such as Schacht, Coulson and Chehata, who have argued that, by the fourth/tenth century, the essentials of Islamic legal doctrine were already fully formulated and that the doctrine remained fixed.     

The criminalization of money laundering and terrorism in global contexts: a hybrid solution

What obligations do global actors have to prevent terrorism? Is consent required to create an international obligation, or does the correctness of its goals ground its legitimacy? In this paper, I consider these questions with respect to a subset of international law often overlooked: anti-money laundering and combating the financing of terrorism (AML/CFT). AML/CFT comprises peaceful response to violence and terrorism, making it a significant component of international justice and diplomacy. First, I present the current legal framework for AML/CFT institutions and identify two conflicting sources of justification: objective value and consent. The fix for this problem, I argue, does not come from either component alone. Objective value cannot provide the sole source of justification because it cannot settle the choice between multiple competing norms that would achieve the same objective goods were we to follow them (‘the choice problem’). Consent cannot provide the sole source of justification (‘the constraint problem’) for two reasons: some contracts that people agree to are morally abhorrent and others are morally required but people do not agree to them. But objective value and consent can be combined consistently, and I articulate this hybrid as a sound basis for evaluating and reforming AML/CFT laws and institutions.     

Between ideology and pragmatism: polemic on the civil rights of Christians in the socialist Slovenia of the 1970s

In this article I discuss the controversy concerning the rights of believers which developed among younger theologians, some laymen and some representatives of the faithful on the one hand, and communist politicians and Marxist theorists on the other, in Slovenia in the 1970s. In comparison with other socialist countries, the level of religious freedoms in multireligious Yugoslavia was relatively high; the same can be said about the country’s relations with the Holy See, with which diplomatic relations at the highest level were restored in 1970. The controversy opened key questions about the relationship between Marxism and atheism under Yugoslav self-management socialism and touched some of the basic ideological postulates on which the League of Communists (LC) built its social engagement. Demands for greater equality for believers were rejected as unfounded in the vast majority of cases and did not trigger a change in the established understanding of religion by the ruling communist party. However, the awareness of everyday discrimination against believers in their public life spread amongst the younger generation of more liberal-oriented communist leaders. At a time when the Yugoslav party was preparing for the difficult period following the imminent death of President Tito and in this period was counting on the loyalty of believers, communist leaders were willing to condemn the most outstanding examples of ‘sectarianism’, of which there was no scarcity in the ranks of the LC, while at the same time a change in programming principles in regard to religion remained out of the question. The prevailing conviction remained that religion would die out of its own accord, but that in the meantime it was necessary to ensure full equality for nonbelievers and believers alike.     

Sola Gratia as Divine Attribute: Resurrecting the God of the Gospel

Can we speak of sola gratia as a divine attribute so as to affirm that all that God does is grace? Traditionally, Western Christian theology has answered that question negatively, placing God's justice in opposition with God's grace and presenting a God whose love does not seem to be unconditional. This has been especially evident in the ways in which Scripture, the work of Christ, justification by faith, and the distinction between law and gospel commonly have been interpreted. By rethinking those traditional interpretations on the basis of an understanding of divine grace as unconditional love, we can indeed proclaim a God of sola gratia and a gospel capable of transforming human lives and responding effectively to the crisis of faith we face today.     

The logistics of choice

The generalized matching law (GML) is reconstructed as a logistic regression equation that privileges no particular value of the sensitivity parameter, a. That value will often approach 1 due to the feedback that drives switching that is intrinsic to most concurrent schedules. A model of that feedback reproduced some features of concurrent data. The GML is a law only in the strained sense that any equation that maps data is a law. The machine under the hood of matching is in all likelihood the very law that was displaced by the Matching Law. It is now time to return the Law of Effect to centrality in our science.     

德法次序:一种现代政治伦理学叙事

道德和法律的关系,是体现现代性本质的一个核心问题。“德法次序”概念,可以将日常德治和法治关系的探讨,纳入到具有普遍性的政治哲学框架中来,实现一种现代政治哲学叙事。