Secularization,Legal Pluralism,and the Question of Relationship-Recognition Regimes

Abstract

In this article I contend that the re-emergence of religion in Western liberal states is a feature of a much broader phenomenon, namely, the re-establishment of legal pluralism whereby various social actors claim to be the legitimate producers of their own law. To prove this, I first offer an account of secularization as the successful attempt of modern states to dismantle a legal-pluralist system. Based on this, I argue that the reviviscence of religions is the reviviscence of their practical side: religious practices tend to be perceived by religious group members as providing guidance for conduct, one that challenges the rules of the state legal order and its monistic structure. Finally, by exploring the issue of same-sex union recognition, I defend the claim that, in a truly post-secular society, the state should allow a multiplicity of relationship-recognition models that reflect and meet different interests and needs.     

<Emphasis Type="Italic">Corrales de Indios</Emphasis> (Lithic Structures) in Tandilia,Argentina: A Global Study

In the central-southeastern area of Buenos Aires Province, Argentina, lies a mountainous area of low height in Tandilia that contains important outcrops of quartzite and granite. A large number of buildings are made of massive blocks of rock, some of them with a surface of over 1 ha. In addition to these completely artificial constructions are other structures that are semi-natural, having been made in places with special topographical characteristics and complemented with dry-stone walls. Scanty written documents allow us to attribute some of the constructions to an age before the permanent settlement of the Creole population. In the Tandilia Sierras these structures are commonly known as “corrales de indios” (Indian corrals). This designation involves a double prejudice with regard to function and cultural affiliation. Out of a total of 22 structures, we analyze a group of 4 that were excavated to use to review the written documents.     

Exploring the Relations Between Riverbank Erosion and Geomorphological Controls Using Geographically Weighted Logistic Regression

The relations between riverbank erosion and geomorphological variables that are thought to control or influence erosion are commonly modelled using regression. For a given river, a single regression model might befitted to data on erosion and its geomorphological controls obtained along the river's length. However, it is likely that the influence of some variables may vary with geographical location (i.e., distance upstream). For this reason, the spatially stationary regression model should be replaced with a non‐stationary equivalent. Geographically weighted regression (GWR) is a suitable choice. In this paper, GWR is extended to predict the binary presence or absence of erosion via the logistic model. This extended model was applied to data obtained from historical archives and a spatially intensive field survey of a length of 42 km of the Afon Dyfi in West Wales. The model parameters and the residual deviance of the model varied greatly with distance upstream. The practical implication of the result is that different management practices should be implemented at different locations along the river. Thus, the approach presented allowed inference of spatially varying management practice as a consequence of spatially varying geomorphological process.     

What is ‘First Philosophy’? Comments on Richard Velkley's Heidegger,Strauss, and the Premises of Philosophy

In a noteworthy new study, Richard Velkley brings together Martin Heidegger and Leo Strauss as part of a reexamination of the foundations and nature of philosophical questioning. In what follows, I critically reflect on this shared search for foundations, and particularly on the role of Plato in Strauss's effort to forge a new path for philosophy which moves away from Heidegger without losing sight of him.     

Confabulations: A Conceptual History

Confabulations are inaccurate or false narratives purporting to convey information about world or self. It is the received view that they are uttered by subjects intent on ‘covering up’ for a putative memory deficit. The epidemiology of confabulations is unknown. Speculated causes include amnesia, embarrassment, ‘frontal lobe’ damage, a subtype of ‘personality’, a dream-like event, and a disturbance of the self. Historical analysis shows that ‘confabulation’ was constructed at the turn of the century as part of a network of concepts (e.g. delusion, fixed idea, etc.) Meant to capture narratives with dubious content. This paper deals with the history of the construction of the word and concept of confabulation and with earlier recognitions of the behaviours that serve as their referent and puts forward a model based on historical data. Two phenomena are included under ‘confabulation’: ‘untrue’ utterances by subjects with memory impairment and ‘fantastic’ utterances marshalled with conviction by subjects suffering from psychoses and no memory deficit. Under different disguises, the ‘covering up’ or ‘gap filling’ hypothesis is still going strong. Although superficially plausible, it poses problems in regards to the issue of ‘awareness of purpose’: if full awareness is presumed, then it is difficult to differentiate confabulations from lying; if no awareness is presumed then the semantics of the concept of ‘purpose’ is severely stretched and confabulations cannot be differentiated from delusions. The received view of confabulations also neglects the clinical observation that confabulations (particularly provoked ones!) Do occur in dialogical situations: i.e., the manner of the asking may increase their probability. It is suggested here that confabulations are a disorder of a putative narrative function which is also found in ‘normal’ subjects. It is also hypothesized that this trait is normally distributed in the population. In the absence of adequate epidemiological information, research efforts should be directed at mapping the distribution of this narrative (or confabulatory) capacity in the community at large. Only then it will be possible to understand the significance of its disorders. In the long term, this approach will prove more heuristic than unwarranted speculation based on few anecdotal cases.     

The enemy as the unthinkable: a concretist reading of Carl Schmitt’s conception of the political

This article offers an unconventional interpretation of Carl Schmitt’s conception of the political. It first identifies two alternative readings – an ‘exceptionalist’ and a ‘concretist’ one – to make the claim that in the late 1920s he laid the foundations for a theory of politics that overcame the flaws of his theory of exception. It then explains why the concretist reading provides an insightful key to Schmitt’s take on the relationship between politics and law as a whole. Despite this, the chief aim of this analysis is not interpretive. Rather, the article claims that such a paradigm change was related to Schmitt’s pondering on the elements that were menacing to draw the experience of modern statehood to an end even more seriously than any upheavals and revolutions. For he came to the conclusion that the mere claim to political self-sufficiency on the part on non-state social entities was able to defy the idea of the state as the political entity par excellence. While these reflections urged Schmitt to reformulate many features of his conception of the political, the article contends that this particular juncture in his production sheds light on a crucial feature of contemporary politics.     

A Five-Step Procedure for the Dimensioning of Viscous Dampers to Be Inserted in Building Structures

Viscous dampers have widely proved their effectiveness in mitigating the effects of the seismic action upon building structures. In view of the large impact that use of such dissipative devices is already having and would most likely have soon in earthquake engineering applications, this article presents a practical procedure for the seismic design of building structures equipped with viscous dampers, which aims at providing practical tools for an easy identification of the mechanical characteristics of the manufactured viscous dampers which allow to achieve target levels of performances. Selected numerical applications are developed with reference to simple, but yet relevant, cases.