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Steven Earnshaw

to drink’ since their capacity to make a decision is impaired to such an extent that their drinking cannot be deemed to be a matter of choice.38 It will have to be up to the reader to decide with respect to the following material if this is the case in any of the examples I give. The view most hostile to this book’s argument would be that anybody who wants to drink suicidally must, by definition, be ill in some way, as a consequence of physiology or mental imbalance; their perspective or capacity for rational thought is so impaired that they act against their best

in The Existential drinker
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David McGrogan

philosophisme [and] a romantic perhaps (if Hume could possibly be called one).” M. Cranston, “Michael Oakeshott’s Politics,” 28, Encounter (1967) 82, p. 82. 50 On its “nostalgia,” see O. de Schutter, International Human Rights Law: Cases, Materials and Commentary (3rd edition, Cambridge University Press, 2019), p. 1.

in Critical theory and human rights
Objects, affects, mimesis
Simon Mussell

a whole host of political discourses, and Marxism is no exception. For political theorists in general, the conceptual split between people and things supports a conception of politics centred solely on subjects and subjecthood. To the extent that political theory engages with material conditions, it tends to do so by way of adjudicating between those conditions that are enabling and those that are constraining for human agents. Political recognition, then, is couched –​even enshrined –​in the moral, rational, and juridical discourses of subjecthood. The strict

in Critical theory and feeling
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David McGrogan

possible to reconcile what are often called negative and positive freedoms. A prominent example of this can be found in Sandra Fredman’s Human Rights Transformed . 1 In it, she makes the case that while the State needs to be restrained from abusing its power, “only [it] can supply what is needed for an individual to fully enjoy her rights.” 2 While everybody is an end in themselves, that Kantian vision must be supplemented by Marx’s insight that human beings need material resources to support them if they are to be truly empowered. 3 This is a “much richer view

in Critical theory and human rights
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Gunther Teubner’s foundational paradox
Andreas Philippopoulos-Mihalopoulos

second-order observation, is of a much lesser importance to Teubner. What we have here instead is a thinking process that could be profitably compared to speculative realism: resolutely posthuman, material and emplaced, but also comfortable with abstraction. Teubner's geographical credentials, starting with his use of Global Bukowina and moving on to global constitutionalism, have a distinct localisable quality that was never

in Critical theory and legal autopoiesis
Critical theory and the affective turn
Simon Mussell

that have arisen historically and then uses it to argue against all others, remaining dogmatically in the realm of the general. It can thus be asserted that economy and Spirit are different expressions of one and the same essence; this would be bad Spinozism. Or, alternatively, one maintains that ideas or ‘spiritual’ contents break into history and determine the action of human beings. The ideas are primary, while material life, in contrast, is secondary or derivative; world and history are rooted in Spirit. This would be an abstractly and thus badly understood Hegel

in Critical theory and feeling
Simon Mussell

(1845), his scathing and gleefully juvenile critique of Bruno Bauer, Marx writes: In Hegel the Absolute Spirit of history already treats the mass [of human individuals] as material and finds its true expression only in philosophy. But with Hegel, the philosopher is only the organ through which the creator of history, the Absolute Spirit, arrives at self-​consciousness by retrospection after the movement has ended. The participation of the philosopher in history is reduced to this retrospective consciousness, for real movement is accomplished by the Absolute Spirit

in Critical theory and feeling
Peter J. Spiro

criteria. That advantages them as locations for associative activity. What is old is new again, this time fuelled by material changes in communications. Meanwhile, community at the local level supplies some indirect evidence that community can exist in conditions of greater mobility. This possibility contradicts Bauböck's insistence on birthright citizenship and transgenerational community, both of which appear necessary to citizenship in

in Democratic inclusion
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The milestones of Teubner’s neo-pluralism
Alberto Febbrajo

non-legal cultures. The law can regulate an economy, typically oriented to ensure mechanisms for managing and redistributing risks, by favouring the development of particular legal institutions and bureaucratic structures capable of solving concrete and tangible problems according to specific programmes. Teubner sees polycontextural law as a model where elements connected to Weber's types of formal and material rationality

in Critical theory and legal autopoiesis
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Thomas Osborne

some, undoubtedly somewhat tortuous German philosophy in Adorno, but perhaps not much theory. But this lack of grand theorising is a good thing, not because grand theory is bad but because it is not really theory at all. Theory is not to be opposed to the material, the empirical, the problematic, the case-study. Rather theory is, if it is anything, only the activity of reflection itself – which is why its opposite is only non-reflection, or just passivity, or even, as already mentioned, just stupidity. Of course it depends on how you define theory. Theory

in The structure of modern cultural theory