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Cultura. Vol. IX, No. 1 (2012 CULTURA CULTURA INTERNATIONAL JOURNAL OF PHILOSOPHY OF CULTURE CULTURA AND AXIOLOGY Founded in 2004, Cultura. International Journal of Philosophy of 2012 Culture and Axiology is a semiannual peer-reviewed journal devo- 1 2012 Vol IX No 1 ted to philosophy of culture and the study of value. It aims to pro- mote the exploration of different values and cultural phenomena in regional and international contexts. The editorial board encourages OLOGY the submission of manuscripts based on original research that are I judged to make a novel and important contribution to understan- LOSOPHY OF I ding the values and cultural phenomena in the contemporary world. CULTURE AND AX AND CULTURE ONAL JOURNAL OF PH I INTERNAT ISBN 978-3-631-63867-5 www.peterlang.de PETER LANG CULTURA 2012_263867_VOL_9_No1_GR_A5Br.indd 1 24.07.12 15:37:38 Uhr CULTURA CULTURA INTERNATiONAL JOURNAL OF PHiLOSOPHY OF CULTURE CULTURA AND AXiOLOGY Founded in 2004, Cultura. International Journal of Philosophy of 2012 Culture and Axiology is a semiannual peer-reviewed journal devo- 1 2012 Vol IX No 1 ted to philosophy of culture and the study of value. It aims to pro- mote the exploration of different values and cultural phenomena in regional and international contexts. The editorial board encourages OLOGY the submission of manuscripts based on original research that are i judged to make a novel and important contribution to understan- LOSOPHY OF i ding the values and cultural phenomena in the contempo­rary world. CULTURE AND AX AND CULTURE ONAL JOURNAL OF PH i INTERNAT www.peterlang.de PETER LANG CULTURA 2012_263867_VOL_9_No1_GR_A5Br.indd 1 24.07.12 15:37:38 Uhr CULTURA INTERNATIONAL JOURNAL OF PHILOSOPHY OF CULTURE AND AXIOLOGY Cultura. International Journal of Philosophy of Culture and Axiology E-ISSN (Online): 2065-5002 ISSN (Print): 1584-1057 Advisory Board Prof. dr. Mario Perniola, University of Rome “Tor Vergata”, Italy Prof. dr. Paul Cruysberghs, Katholieke Universiteit Leuven, Belgium Prof. dr. Michael Jennings, Princeton University, USA Prof. Emeritus dr. Horst Baier, University of Konstanz, Germany Prof. dr. José María Paz Gago, University of Coruña, Spain Prof. dr. Maximiliano E. Korstanje, John F. Kennedy University, Buenos Aires, Argentina Prof. dr. Nic Gianan, University of the Philippines Los Baños, Philippines Prof. dr. Alexandru Boboc, Correspondent member of the Romanian Academy, Romania Prof. dr. Teresa Castelao-Lawless, Grand Valley State University, USA Prof. dr. Richard L. Lanigan, Southern Illinois University, USA Prof. dr. Fernando Cipriani, G.d’Annunzio University Chieti-Pescara, Italy Prof. dr. Elif Cirakman, Middle East Technical University, Ankara, Turkey Prof. dr. David Cornberg, University Ming Chuan, Taiwan Prof. dr. Carmen Cozma, Alexandru Ioan Cuza University Iassy, Romania Prof. dr. Nancy Billias, Department of Philosophy, Saint Joseph College, Hartford, USA Prof. dr. Christian Möckel, Humboldt University of Berlin, Germany Prof. dr. Leszek S. Pyra, Pedagogical University of Cracow, Poland Prof. dr. A. L. Samian, National University of Malaysia Prof. dr. Dimitar Sashev, University of Sofia, Bulgaria Prof. dr. Kiymet Selvi, Anadolu University, Istanbul, Turkey Prof. dr. Traian D. Stănciulescu, Alexandru Ioan Cuza University Iassy, Romania Prof. dr. Gloria Vergara, University of Colima, Mexico Prof. dr. Devendra Nath Tiwari, Banaras Hindu University, Varanasi, India Prof. dr. Massimo Leone, University of Torino, Italy Prof. dr. Christian Lazzeri, Université Paris Ouest Nanterre La Défense, France Prof. dr. Asunción López-Varela Azcárate, Universidad Complutense de Madrid, Spain Editorial Board Editor-in-Chief: Co-Editors: Prof. dr. Nicolae Râmbu Prof. dr. Aldo Marroni Faculty of Philosophy and Social- Facoltà di Scienze Sociali Political Sciences Università degli Studi G. d’Annunzio Alexandru Ioan Cuza University Via dei Vestini, 31, 66100 Chieti B-dul Carol I, nr. 11, 700506 Iasi, Romania Scalo, Italy [email protected] [email protected] Executive Editor: PD Dr. Till Kinzel Dr. Simona Mitroiu Englisches Seminar Human Sciences Research Department Technische Universität Braunschweig, Alexandru Ioan Cuza University Bienroder Weg 80, Lascar Catargi, nr. 54, 700107 Iasi, Romania 38106 Braunschweig, Germany [email protected] [email protected] Editorial Assistant: Dr. Marius Sidoriuc Designer: Aritia Poenaru Cultura International Journal of Philosophy of Culture and Axiology Vol. 9, No. 1 (2012) Editor-in-Chief Nicolae Râmbu PETER LANG Frankfurt am Main · Berlin · Bern · Bruxelles · New York · Oxford · Wien Bibliographic Information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is available in the internet at http://dnb.d-nb.de. Umschlagabbildung: © Aritia Poenaru ISSN 2065-5002 ISBN 978-3-631-63867-5 © Peter Lang GmbH Internationaler Verlag der Wissenschaften Frankfurt am Main 2012 All rights reserved. All parts of this publication are protected by copyright. Any utilisation outside the strict limits of the copyright law, without the permission of the publisher, is forbidden and liable to prosecution. This applies in particular to reproductions, translations, microfilming, and storage and processing in electronic retrieval systems. www.peterlang.de CONTENTS CULTURAL ILLUSIONS Danial YUSOF 7 Parallels between Contemporary Western and Islamic Thought on the Discourse of Power and Knowledge Andrei CORNEA 29 Relativity and Relativism: On a Failed Analogy Andityas Soares DE MOURA COSTA MATOS 43 A Western Cultural Illusion: State and Law or State as Law? Steven CRESAP, Louis TIETJE 57 Irreconcilable Foundations: An Analysis of the Cultural Environment Facing Moral Educators Liudmila BAEVA 73 Existential Axiology Paola PARTENZA 85 Mary Wollstonecraft: Ideology and Political Responsibility Dan-Eugen RAŢIU New Theoretical Framework for Approaching Artistic Activity: the 101 Principle of Uncertainty. Pierre-Michel Menger’s Sociology of Creative Work Frederic WILL 123 Cultural Illusions Dennis IOFFE 135 The Notion “Ideology” in the Context of the Russian Avant-Garde Abdul Rashid MOTEN 155 Understanding and Ameliorating Islamophobia Seungbae PARK 179 Against Moral Truths Reena CHERUVALATH 195 Analyzing the Concept of Self-Deception in Indian Cultural Context Alexander BAUMGARTEN 205 Li/toij ferome/noij. Notes towards Plotinus’ Semiology of Heaven Morten Ebbe Juul NIELSEN 215 The Duty to Recognize Culture Madalena D’OLIVEIRA-MARTINS 235 The New Feminine Emotional Codes in Hochschild: New Perspectives for Modern Social Studies Vilmos VOIGT 249 The Bridge in Semiotics 10.5840/cultura20129120 Cultura. International Journal of Philosophy of Culture and Axiology 9(1)/2012: 43–55 A Western Cultural Illusion: State and Law or State as Law? Andityas Soares DE MOURA COSTA MATOS Universidade Federal de Minas Gerais (UFMG) Av. João Pinheiro nº 100 – Bairro Centro Belo Horizonte – Minas Gerais CEP 30130-180 BRASIL [email protected] [email protected] Abstract. Considering the basic assumption that the modern Law and State theory does not only bear similarities, but also draws true epistemological parallels to the constructions of Theology, Hans Kelsen intends to lay bare the ideological meaning that lies at the very core of the traditional dualism which constitutes Law and State into autonomous entities. Taking into account Kelsen´s original perceptions – which are seconded by more recent contributions from Claude Lefort and Hans Lindahl’s political and symbolic concepts and from Carl Schmitt’s notions on political theology – our intention is now to demonstrate the highly conservative role played by the duality of the Law/State structure, whose aim is to remove, from under the sway of legal control, a considerable part of the State’s actions. Herebelow, therefore, we will analyse the very legitimacy of the so-called “Public Law,” which seems to point to a trend towards shunning the legal power regulation. Finally, based on the functional method pioneered by Ernst Cassirer, legal institutions such as “collective will” and “public interest” will be problematised, in order to ascertain whether they contain theological, conservative and authoritarian traits incompatible with the conceptual and substantial unity intrinsic to the Rule of Law. Keywords: law and state, symbol, theology, public law, criticism After denouncing the dualism State/Law in various papers, published in the 1920s, Hans Kelsen reaches the pith of the issue in 1923 with his most ambitious essay, God and State. In this work Kelsen demonstrates the relationship between the pseudo-problems of the theology and the State’s theory. Both disciplines sustain the existence of dualisms not with the purpose of explaining the reality, but to legitimize conservative political purposes. Whether, according to Schmitt, the metaphysical image, that certain era depicts of the world is the result of its political organization (Schmitt, 2006: 43), is of ultimate importance questioning the bonds between politics and religion – and also about the ways of the rupture (Lefort, 1986: 277) –, which Claude Lefort does by using the concept of symbol 43 Andityas Soares De Moura Costa Matos / A Western Cultural Illusion as a core element to the comprehension of the sacred genealogy of the political thought. By using the concept of symbol, the philosophers and political scientists are entrusted with revealing the process of the transition from the Middle Age to the current times regarding
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