Non-Liquet

Non-Liquet is Resting....

2010-05-13T23:37:00.003+01:00

Non-Liquet has gone into hibernation. Westminster University School of Law has moved from here to a new main blog at Advanced Legal Studies @ Westminster. Please visit.

A Critique of Pure Luck: Meno & Posterior Analytics

2008-11-25T16:16:00.004Z

In the Meno, Plato shows how knowledge of the Pythagorean theorem is inherent in an uneducated boy. If this is true, then either Socrates knows how to extract external truths or we are witness to trickery. If the former then Socrates is one of the greatest educators ever; if the latter then he is just another fraudster. If the former then what we need to know is somehow embedded within and the

For Joe

2008-11-10T18:37:00.002Z

Philosophical Issues of the Credit Crisis

2008-11-01T11:04:00.001Z

I am amazed that the credit crisis forces us to consider some basic philosophical issues re informal fallacies, e.g.Kantian unprovable apriori synthetical metaphysical premises--"the world is one credit crisis"; Ghostly deus ex machina causation--"the credit crisis has made my train late"; Circulus in probando by filthy rich bankers-turned-unelected dictatorial ministers--"this is the only

Philosophy

2008-09-10T15:53:00.002+01:00

Baha Mousa, Shattered Zoe

2008-07-16T10:24:00.013+01:00

Mumbling about Baha Mousa, Giorgio Agamben, Niklas Luhmann and Gunther Teubner: Politics, Law, Zoe, Rights and ConsciousnessBaha Mousa and Basra adventure mates. Nine men have been tortured, one to death. [1] Only ‘Corporal Payne’ has been condemned (court martial for war crimes) to one year imprisonment (the proceedings of the cases have been characterised by substantial lack of evidence). On

Pragmatism distanced from principle or disengaged politicking? An IHL enforceability conference and a judgement of the Israeli Supreme Court

2008-06-21T20:47:00.009+01:00

On June 1, 2008 I attended an international conference under the title ‘Complimenting IHL: Exploring the need for additional norms to govern contemporary conflict situations’ organised by the Minerva Center for Human Rights of the Hebrew University of Jerusalem and the ICRC. The question at stake was whether the problems created by an archaic legislative framework of international humanitarian

Cosmopolitics, Power, Human Rights and the Crisis of Law

2008-06-14T08:57:00.005+01:00

On February 27th, 2008, the Westminster International law and Theory Centre hosted Bill Bowring (Birkbeck College, University of London), Costas Douzinas (Birkbeck) and Vivienne Jabri (Kings College, University of London) to present their thoughts and work, as well as interact with other speakers and participants under the title 'Cosmopolitics, Power, Human Rights and the Crisis of Law'. The

A Marxist Critique of International law

2008-06-14T08:51:00.003+01:00

On Wednesday, 5th March 2008, China Mieville (Birkbeck College, University of London) was hosted by the Westminster International law and Theory Centre to speak on his new book 'Between Equal Rights: A Marxist Critique of International law' (Haymarket, 2006) and challenge the traditional reproaches of the international legal framework and its enforceability mechanisms whilst seeking to appreciate

Schmitt, Politics and International law

2008-06-14T08:42:00.005+01:00

On Wednesday, 12th March 2008, William Rasch (Indiana University Bloomington) and Chantal Mouffe (Centre for the Study of Democracy, University of Westminster) were hosted by the Westminster International Law and Theory Centre to share and expound upon their thoughts and interpretations of the work of Carl Schmitt.

Platonic Drinking Laws

2008-05-07T16:23:00.008+01:00

One would be hard pressed to find a modern scholar digging the fields of the philosophy of law who would pin his career on what Plato considered a primary subject of serious study in his last and longest dialogue entitled, The Laws. It is as if out of the patheon of laws that Plato could have considered, the first activity which he chose to consider because it is connnected to all things social

The Awesome and Dangerous Ethical Rationalism of Olsen and Toddington

2008-05-01T10:06:00.005+01:00

On behalf of myself and Henrik Olsen can I say that both our gratitude and our apologies are due to JoeTanega (“Egalitiarianism Riposte”, Blog, Thursday 24th April 2008). We are grateful not only for Joe’s vigorous contribution to the Olsen and Toddington Seminar ("Why Multiculturalists Should Seek to Abolish the Right to Freedom of Religion" Westminster, April 23rd 2008) but also for the

Too much to ask of the Security Council?

2008-04-25T00:18:00.003+01:00

To remind us of the situation in Kenya in December 2007 (which by all means continues today), I felt an irremediable urge to direct some of you to this brief recap by the Human Rights Tribune (April 18, 2008) of a statement made by the UN rapporteur on human rights in the occupied Palestinian Territories, John Dugard, on the ongoing fighting between the IDF and Hamas as he calls for the UN to

Egalitarianism Riposte

2008-04-24T12:57:00.006+01:00

In a clear but I think wrong-headed rationalistic defense of multi-culturalism, Professor Toddington in a seminar on Rights Discourse at the Univesity of Westminster, School of Law, on April 23rd, 2008, argued for an ethical epistemology based on J.S.Mill's premise of freedom. Toddington's version of Mill's freedom is that it is actually "the responsibility of egalitarianism to maximize the

obliteration

2008-04-22T22:24:00.003+01:00

Tuesday, 22 of april, and Hilary Clinton answered the ridiculous question of what the US would do if in 10 yrs time Iran were to bomb Israel, in this erudite way: "In the next 10 years, during which they might foolishly consider launching an attack on Israel, we would be able to totally obliterate them." Clinton's understanding of 'them' is that it is obviously something that can be obliterated.

A secret marriage: Saadi and national terrorist legislation

2008-03-25T11:24:00.015Z

After a very tiresome attempt by the UK to manipulate what has been clearly established law, Strasbourg reasserts (On February 28, 2008) the following:"Article 3, which prohibits in absolute terms torture and inhuman or degrading treatment or punishment, enshrines one of the fundamental values of democratic societies. Unlike most of the substantive clauses of the Convention and of Protocols Nos.

Boycott the Beijing 2008 Olympics

2008-03-21T15:59:00.004Z

China has not learnt any lessons from the 1989 massacre in Tiananmen Square, except to cover its tracks more cleverly and attempt to exclude the media from covering risings no matter how small.We now see the same behavior in Tibet. Since 1950 when China invaded and captured Tibet is has oppressed the country and denied its people fundamental human rights. It has flooded the country with Han

Military residents and a reinterpreted principle of 'distinction'

2008-03-19T02:11:00.010Z

Another series of armed exchanges are taking place in the Gaza strip and we are once against appalled by the non-application and utter (non-gymnastic) defiance of the most fundamental principles of the law of war(forgetting only for a second about its misapplications and misinterpretations)."Many areas of international law are vague. They can be interpreted in different ways. The situation in

The 'murky relationship' revisited

2008-03-14T02:20:00.011Z

Although considerably short and slightly fragmented, this is a very symbolic sampling of what was the workshop titled 'A Murky Relationship: Human rights and UK Immigration and Asylum Policy' hosted by the Centre on February 21, 2008. With a splendid turnout of 70 attendees and an unmistakably challenging lineup of speakers, who managed to tackle the questions from a remarkable number of angles,

The ethereal experience of web logging (blogging)

2008-03-09T12:45:00.003Z

I grace Nick Li, from the invisiblecollegeblog.com for making this tangy piece accessible:http://chronicle.com/temp/email2.php?id=qs9kMFdgdhS4vdqzgkzzktbxrW3nqsxFThis is an incredibly reviving token of recognition for all active bloggers, for those that are weary and are presently crawling into a new world of hopes and shattered dreams and for those who are still skeptic and in disbelief with

Enforceability of civil and political rights and the recognition of a legislative void

2008-03-06T22:10:00.002Z

The Russian election on March 2, 2008 was an election "in name only", said the independent. "Had it happened in Africa, the capitals of the West would have been full of condemnation. As it concerns a country with a considerable voice in the world's institutions and even more real power in energy supplies, the realities behind Sunday's vote are likely to pass essentially unchallenged". (see

Non-Liquet: Causation is a cosy state of mind

2008-02-26T13:24:00.000Z

Non-Liquet: Causation is a cosy state of mind

Philosophical Notes

2008-02-22T19:14:00.007Z

1. "By a sophistical refutation and syllogism I mean not only a syllogism or refutation which appears to be valid but is not, but also one which, though it is valid, only appears to be appropriate to the thing in question. These are those which fail to refute and prove people to be ignorant according to the nature of the thing in question, which was the function of the art of examination. Now

The King is Dead, Long Live the King......

2008-02-19T13:23:00.003Z

In opposite ends of the world leaderships shifted. Fidel Castro is not seeking re-election as President of Cuba and President Musharref of Pakistan conceded defeat in parliamentary elections.Earth shattering? Debatable.Both dictators have not actually lost power but they have moved the administration of their states to others. Castro is still First Secretary of the Party and Musharref is still

A fruitless Winograd and the obligation to effectively investigate, prosecute, and punish

2008-02-12T23:49:00.005Z

Yaron Ezrahi, a political scientist at Hebrew University, said he believed that Mr. Olmert’s days were numbered, because Israeli leaders “rise and fall” on their war leadership. “There has never been a case in Israeli history that an authoritative commission said something so blunt about a war that took the lives of soldiers and the lives of civilians, that blamed so bluntly the political

New Workshops and Seminars at the Centre

2008-02-06T16:42:00.000Z

The Westminster International Law & Theory Centre admission is open to the public but spaces limited RSVP valazarov@yahoo.com centre info: www.wmin.ac.uk/law/page-661 1. Thursday, 21st February 2008, 3-7pm Cayley Hall, 309 Regent Street Afternoon Workshop: A Murky

Maduro and the Kadi, a weapon of colossal force

2008-01-26T21:28:00.006Z

The Kadi case arose from the EU Regulation transposing the UN Security Council Resolution's guidelines permitting the freezing of assets by banks belonging to persons suspected of financing or being involved in terrorist activities. The evidential threshold for such terrorist "involvement" was never concretely defined and the discretion afforded to national jurisdictions by the Regulation has

IHL - Toothless and delegalized in Jerusalem

2008-01-10T11:37:00.000Z

Bush is visiting Olmert and Abbas in Jerusalem and Ramallah these days to engage in a series of toothless 'tittle tattle' on the jaded, politicized legal questions of Jerusalem, refugees and settlements that sit at the top of the agenda for the resolution of conflict and detangling of events in the region.Mr. Bush declared this a “historic moment, a historic opportunity” to overcome the deep

International human wrongs in Kenya

2008-01-03T21:14:00.001Z

The death toll is exceeding the 300s as the Kenyan people continue to fight against what was an openly rigged election process in dire hope to grab hold of what is left of their fundamental civil and political rights. The world is watching in awe.Is this not an appropriate time to ask ourselves, the international community of state, non-state actors and individuals, a number of critical questions

Pakistan and Saudi Arabia Mess with the Supreme Court

2007-12-10T19:31:00.000Z

Saudi Arabia has offered to sponsor a pilgrimage for Iftikhar Mohammad Chaudhary, the former chief justice of the Supreme Court in Pakistan, who has been under house arrest since Musharraf's coup d'etat in early November. This is being interpreted as a means of relocating Chaudhary so the Pakistani government can continue with its usurpation of power.This is not the first time Saudi has

What is Comparative Law?

2007-12-01T16:43:00.000Z

I hope to begin to find answers next Thursday 6 December when Esin Örücü and David Nelken will be launching their new book,Comparative Law at a Crossroads: A Handbook at the Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR between 1730 to 1930.There will be two responses to the editors from Prof Gordon Woodman of Birmingham University and Prof John Flood of the University

What are we really securing and for whom?

2007-11-17T00:46:00.000Z

The Centre's most recent symposium on "Securing humanity: perspectives from international law" was a true success both from an academic legal and a humanistic perspective. The discussions reverberated in the audience's emotional impulses and successfully preserved a healthy tension and density in the air as an additional speaker commenced with their discourse.Most interestingly, however, was the

Who Is Defending the Rule of Law?

2007-11-06T14:01:00.000Z

General Musharraf's murderous thugs are pictured beating the lawyers who are refusing to accept his usurpation of power. Right now they and the judges refusing to take new oaths of allegiance to a corrupt and illegitimate regime are the only defence to the total abandonment of the rule of law.Pakistan's coup d'etat demonstrates a cavalier attitude to the rule of law, which is the only barrier to

Causation is a cosy state of mind

2007-11-04T21:13:00.001Z

To assume causation as a possible explanatory avenue is a cosy state of mind indeed, and it is in the interest of existing structures to maintain such cosiness. The variety of perspectives through which a situation can be observed leads one progressively to replace objective causation with other forms of connection. Thus, attribution, parallel distance, asymmetry etc are ways that currently float

Indexicals, Causation and Regulation

2007-11-03T14:43:00.000Z

The Philosophy Department at York University has been holding a series of seminars on causation. The fascinating element of them is that they bring together a collection of scholars who would not normally talk to each other. At the most recent (31 October 2007) Huw Price from Sydney University gave a paper on indexicals and causation to a group consisting of philosophers, computer scientist,

Welcome Note!

2007-11-03T02:31:00.000Z

Dear Bloggers and prospective Commentators,The Westminster International Law and Theory Centre is happy to present the World Wide Web with its new blog and hopes, in short, that it will provide for a breeding ground for fruitful and provocative discussions on the current intricacies of international law and theory from a myriad of perspectives and angles, both theory and practice oriented.We have