Legal realism and human rights

This essay uses Schmitt's work to cast new light on the relevance of the American legal tradition known as ‘legal realism’ for the history and analysis of human rights. It does so by exploring several of Schmitt's most famous criticisms of international law and human rights, and then suggests how they might correspond with a widespread critical legal tradition in the 1920s and 1930s. This essay describes in detail two fundamental features of this tradition: historicism and realism. It concludes by suggesting that a return to some of these earlier law writers and texts might be a more substantive way to develop a constructive critical position in the fields of human rights and international law than an overreliance on the politically provocative (and problematic) rhetorical flourishes of Carl Schmitt.     

浅谈我国人权的宪法保障

人权保护是一项国际性的伟大事业,我国历来重视对人权的保护.但是,我国宪法对人权的保护虽然基本形成了较为完整的科学体系,有些权利却仍然需要补充和完善.     

‘Human and nothing but human’: How Schmittian is Hannah Arendt's critique of human rights and international law?

Recently legal theorists have pointed out that whereas members of their profession often assume that post-war scholarship had broken with the past completely, political theorists have paid far more attention to questions of influences and continuities in their discipline. This also holds regarding the legacy of Carl Schmitt whose case both as a jurist and political writer is particularly pressing not only for intellectual historians, but also for discussants across a broad range of fields in law and political science. It is in this context that my paper examines Hannah Arendt's immediate critique of the Declaration of Universal Human Rights in 1948. I will juxtapose Schmitt's and Arendt's critiques, arguing that these display more than superficial parallels and yet conflict in their basic contentions. I also hope to show that discussing Arendt's critique in conjunction with Schmitt's allows us to pose some more general questions about the relevance and meaning of intellectual backgrounds and influences.     

Maggi's Croce,Sasso's Gentile and the riddles of twentieth-century Italian intellectual history

Claiming to occupy the forefront of modern thought, Croce and Gentile together dominated Italian intellectual life during the first half of the twentieth century. But though their intellectual interaction continued, they split definitively as Gentile embraced Fascism and Croce sought to recast liberalism in response to the Fascist challenge. Both then suffered eclipse as postwar Italians sought to embrace what seemed the wider western mainstream. Reflecting the recent Italian effort at reassessment, Sasso and Maggi offer major works focused, respectively, on the basis of Gentile's Fascism and the adequacy of Croce's response to his challenging era. Working through the limits of the two studies suggests how we might treat Croce and Gentile in tandem, as central to an innovative, sometimes troubling, distinctively Italian tradition that merits reconnection with the mainstream of western intellectual history, especially as we continue seeking to learn from the disastrous trajectories of Fascism and totalitarianism.     

Carl Schmitt, Reinhart Koselleck and the foundations of history and politics

This article explores the intellectual relations between Carl Schmitt and the German historian Reinhart Koselleck with a focus on the inspiration that Koselleck found in Schmitt's work in the early 1950s. The article goes beyond earlier contributions in the field by illuminating how the most important discursive features that Koselleck drew from Schmitt were utilized toward a very independent intellectual project. This project concerned an attempt to revise modern political thought by means of outlining a new concept of history. Koselleck's concept of history was to depart from all utopian notions of history as a singular, unified and goal-directed process. Instead, it aimed to outline certain fundamental existential structures of the human condition and to take account of the social relations existing among human beings in order to understand (historically) and contain (politically) the potential conflict in human societies. Hence Koselleck believed that his new concept of history would lead to a more responsible foundation of political order and decision making. Following an analysis of how Koselleck developed his project in a dialogue with the work of Schmitt and a number of other scholars, first of all Friedrich Meinecke and Martin Heidegger, the article presents a brief perspective on how his new concept of history was received in the 1950s and on how it came to provide his work with a certain analytical, thematic and argumentative unity.     

批判实在论视域的新经济地理学——对地理学批判实在论的超越

新经济地理学一向被认为是实证主义的,荷兰经济哲学家证明新经济地理学与实在论哲学兼容,地理学家塞耶依据地理学批判实在论对新经济地理学进行了再批判。以上述争议为基础,本文对塞耶地理学批判实在论范畴提出质疑,认为地理学批判实在论偏离了其哲学先驱巴斯卡的批判实在论。以巴斯卡批判实在论为依据,新经济地理学从聚集生成机制角度揭示了真实的聚集规律,体现出批判实在论特征。     

意识形态话语的纠缠与厘认——全球化视阈下新自由主义、普遍主义与历史主义的再考察

新自由主义的话语谱系是一种普遍主义的思维方法袁它凭借强权与意识形态的诱导袁推行所谓超越时     

Speculative Realism and Public Theology: Explorations

Abstract

The paper argues that ideas emanating from the speculative realists can inform a new approach to public theology, one that is broadly consistent with Christian realism and opposed to that of radical orthodoxy. Linking the two disciplines through an exploration of the ethical consequences of speculative realism, it takes in particular the work of Latour, his concept of the "gathering," his distinction between matters of fact and matters of concern, and his questioning of the fact-value distinction, and through a lived example shows how the language of human and non-human offers a critique of reductionist approaches to the political.     

A Crocean critique of Gramsci on historicism,hegemony and intellectuals

Although Gramsci's debt to Croce is well known, most commentators simply accept his criticisms of Croce and his claim to have overcome certain lacunae in the Neapolitan's thought. This article argues that many of these criticisms misfire, and mounts a Crocean critique of Gramsci. Through a comparison of their respective views of historicism, hegemony and intellectuals, it is argued that the radical democratic and libertarian theory many post-Marxists claim to find in the Sardinian is more appropriately associated with Croce. Sebbene il debito di Gramsci verso Croce sia risaputo, molti commentatori tendono semplicemente ad accettare le critiche di Gramsci verso Croce, in particolare il primato da parte di Gramsci stesso nell'aver colmato certe lacune nel pensiero del filosofo napoletano. Questo articolo pone in rilievo che molti di queste critiche risultano essere prive di significato, ed inoltre, tende a far emergere una critica crociana di Gramsci. Dal tentativo di porre in relazione le idee di entrambi su concetti quali lo storicismo, l'egemonia, ed infine l'identitÀ degli intellettuali, si evince che la teoria libertaria e democratico-radicale che molti post-marxisti tendono ad attribuire all'intellettuale sardo, tende ad essere in buona parte il prodotto del pensiero di Croce.     

Bringing republican ideas back home. The Dewey–Laski connection

This article explores J.G.A. Pocock’s insight that “traces” of civic republican discourse survived within the dominant liberal paradigm of modern political thought. It does so by tracking classical republican themes in the works of American pragmatist John Dewey and English pluralist Harold Laski. The main contribution of the article is to show that the 1920s pluralist theory of the state can be interpreted as a reformulation of the classical republican critique of modern liberal conceptions of state sovereignty. In particular, I suggest that Laski can be viewed as a kind of republican pluralist inspired by Aristotle and Harrington as well as by American pragmatism, itself a late outgrowth of the republican tradition in US history.     

The Political,Social and Scientific Contexts of Archaeological Investigations of Mass Graves in Spain

The recovery of historic memory of the Spanish Civil War is a multilayered initiative to escape both the romanticism of the Franco era, in which only the glory of the victors was celebrated while their past atrocities were ignored, and the cautiousness of the post-Franco democracy, for which forced amnesia of the Civil War was considered a sacrifice for the greater good. In the past five years the efforts to recover historic memory have gained empirical footing by employing archaeological methods to locate, enumerate and identify the victims of extrajudicial executions. The ultimate goals of such work include the production of a more accurate historical statement of past events, the repatriation of missing persons to their families, and the documentation of physical evidence that may allow families to seek civil restitutions. While the scientific methodology is fairly straightforward, the process is nonetheless inherently political in that various government bodies can and do impede recovery efforts. This paper contextualizes the current political and social climate of human rights investigations in Spain by illustrating some of the recent recovery efforts in Catalonia and Andalucia.     

Despairing at ‘A World Made New’? South Africa Encounters the Post-war Human Rights Idea

ABSTRACT

This article surveys the efforts of the South African state to respond to the reconfigured world that emerged after 1945. Focussed on those years around the adoption of the 1948 Universal Declaration of Human Rights (UDHR), it argues that South African governments and officials were well attuned to the rising threat of human rights. Drawing on South African archives, it demonstrates that representatives of late United Party and early apartheid era governments were insightful observers of the mortal danger universal human rights posed to the racialised ideological architecture which governed essentially all of the country’s politics and society. Paradoxically, the most avowed opponents of the new crusade for universal human rights perceived its significance with equal or greater acuity than those more enthusiastic about the nascent rights order.     

Histories of analytic political philosophy

This paper sets out an agenda for the study of the history of analytic and post-analytic political philosophy. It builds on a growing literature on the history of analytic philosophy to make three main suggestions. First, analytic philosophy arose as part of a wider shift from the developmental historicism of the nineteenth century to more modernist modes of knowledge. Second, analytic philosophy included a wide range of approaches to moral and political issues, many of which reflected distinctive concepts of analysis, logic, and science. Third, analytic philosophy only became widespread when the work of Quine and Wittgenstein moved it in a more post-analytic direction. Crucially, the move toward post-analytic philosophy inspired people to rediscover and reinvent other traditions, including liberal humanism, democratic republicanism, virtue ethics, and historicism. The resulting history provides a fluid and diverse understanding of arguably the most powerful philosophical movement of the twentieth century.