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Beyond Legal Minds Value Inquiry Book Series

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Beyond Legal Minds Value Inquiry Book Series Beyond Legal Minds Value Inquiry Book Series Founding Editor Robert Ginsberg Executive Editor Leonidas Donskis† Managing Editor J.D. Mininger VOLUME 326 Studies in Jurisprudence Edited by Vincent L. Luizzi, Texas State University The titles published in this series are listed at brill.com/vibs and brill.com/sj Beyond Legal Minds Sex, Social Violence, Systems, Methods, Possibilities By William Allen Brant leiden | boston Cover illustration: created by tuncelsafa06. Retrieved from Pixabay. Illustration falls under the cco creative commons license. The Library of Congress Cataloging-in-Publication Data is available online at http://catalog.loc.gov Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill-typeface. issn 0929-8436 isbn 978-90-04-38531-3 (paperback) isbn 978-90-04-38595-5 (e-book) Copyright 2019 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. This book is printed on acid-free paper and produced in a sustainable manner. Contents Acknowledgements ix List of Figures xi Introduction 1 1 Relations of Law 22 1 Understanding the Social Importance of Legal Systems 29 2 Legal Systems as Crucial Parts of Real Statehood and Theoretic Minimal States 30 3 Sociological Imaginations and Dangerous Legal Ideologies 40 4 Mass Media Broadcasts of Social Events: Security with Systems 58 2 Incomprehensiveness of Just Legality and Illegality 104 1 Ideological Confusion about Legal Systems Disregarding Alegality and Fraud 107 2 Comparative Legal Studies: Western Influences on Islamic Systems 111 3 The Concept of Alegality for Comparative Legal Studies and Rights 115 4 Ideologies without Concepts of Alegality May Fail to Conceive of Indifference 127 5 The Logical Structure of Legalization: Gradations of Legality 143 6 The Significance of Mental States and Ideology 150 7 Intersubjectivity: Nationhood, Law, Politics, and Economics 160 8 Ideologies: Legality, Alegality, and Illegality, Despite Social Acceptability 164 3 Levels of Analyses of Law and Methods 171 1 Integrative Levels: Classification Systems for Knowledge Organization and Law 175 2 Methodological Concerns Regarding Legal Research 182 3 Autobiographical, Biographical, and Historical and Sociological Ways of Thinking about Law 192 4 Psychological Levels of Analysis: Situations of Law Enforcement 201 vi Contents 5 Sociological Levels of Analysis: Legal Systems as Changing Sets of Communications 206 6 Chemical and Neurobiological Levels of Analysis: Aspects of Law 212 7 Logical Levels of Analysis: Philosophy of Law 222 8 Historical Levels of Analysis: Philosophy of Law 225 9 History of Philosophy and History of Philosophy of Law: System and Problem-thinking 229 10 Dual Roles of Historical Occurrences 240 11 Comedic Levels of Analysis of Law: Laughableness, Booing, and Applause 245 12 Measurements and Observations Concerning the Comedic Level of Analysis of Law 252 4 Psychosociological Relations of Law 254 1 Leadership Characterizes Successful Terrorizers as “Cowards”: Upsides and Downsides 254 2 Ways and Reasons of Propagandizing for the Retaliatory Society: Brave Heroes versus Villainous Cowards 265 3 Real Phenomena: Energy as Legal, Alegal and Illegal Forms of Power 270 4 Soft Power and Hard Power 273 5 Psychosociological Analyses Concerning Law: Reasons for Greater Fears 276 6 Moral Psychology: Problems Concerning Models’ Combinations of Multi-Leveled Observations 288 7 Introduction to Moral Psychology 288 8 Social Intuitionism’s Role in Moral Psychology 289 9 Moral Judgment and Action Require Attention, Intention, Memory Capacity, and “Being in Control” 292 10 Virtue Ethics and Consequentialism 294 11 Duty Ethics: Deontology 295 12 The Social Intuitionist Model Describes “Out-of-Control” Moral Decisions 296 13 Disbelief in Free Will and Dangers and Influences of Social Intuitionist Models May Reduce Feelings of Moral Responsibility 297 5 Comprehensive Conceptions of Possibility: Legal Theory 304 1 Modal Theory and Possibility Theory: Social Implications 307 Contents vii 2 Presumptions Concerning the Critique of the Concepts of Possibility 308 3 Inclusive Disjunctive Possibility: Possibility as an Indifferent, Abstract, and Broad Conception 308 4 Possibility and Impossibility in relation to Logicality, Physicality, and Law 317 5 An Application of the Concepts of Physicality, Logicality, and Modalities for Courts of Law 326 6 Coincidence as Inessentiality or Accidence: Abstract Concepts and Particulars 333 7 The Starting Point of Legal Studies: Reality’s Givenness, Theoretic Doubt of the Real World, and Theoretic Consideration of Multiple Possible Worlds 340 8 The Concept of Metaphysical Possibility: Inclusive Disjunction and Possibility Concerning Metaphysic Content 349 9 Real Possibility: Requiring Real Fulfillment and More Exclusive Disjunctions 352 10 Contradictoriness for Real Possibility and Logical Possibility: Exclusive and Inclusive Disjunction and Legal Maxims 355 11 Real Possibility: Supporting Arguments, Historic Origins and Law 365 12 Recollective Possibility: Expectation and Recognition of the (Un)Real via Possibilistic Rather than Probabilistic Cognitions and Knowledge 371 13 Methodological Problems for the Conceptions of Possibility 385 14 Synopsis and Future Directions of Research: Possibility Theory for Law 387 6 The F-Problem 390 1 The Economic Problem, the F-Problem, and Human Overpopulation 394 2 Legal Encouragement and Discouragement of Fertilization and Corporate Impacts on the Planet 401 3 The F-problem, Eugenics, and Misconceptions about Human Sexual Reproduction 410 4 Violence Directed toward Intersexuals, Transsexuals, and Non-heterosexuals as a Form of Social Dominance 417 5 Opposing Concepts of Human Generation: Importance of Adolescent Pregnancies 423 viii Contents 6 Increasing the Number of Competitors for Resources Increases Amounts of Competition 427 7 Victimizations and Contributing to the Disorganizations of Societal Systems 432 8 Relations of the F-Problem to Victimization as a Form of Theft 438 9 War as an F-Problem and Peace: Sexual Selection and Rites 444 10 Conclusion 460 Bibliography 467 Index 498 Acknowledgements I am grateful to the following people for their thoughtful contributions to Beyond Legal Minds. I am indebted to Bram Oudenampsen for his editorial ­support with Brill. I thank my former colleagues, Prof. Dimitar Elchinov, who edited this work, and my mentor, Judge Vincent Luizzi. I am appreciative of the friendly receptiveness of the Philosophy and Phi- lology Faculty at the Johannes Gutenberg University in Mainz, Germany since 2004. I am very appreciative of the teachings of Professors Thomas Metzing- er in Mainz and Stephan Grotz, currently at the Catholic Private University of Linz, for their courses on neuroethics and the concept of possibility. I am ­appreciative of the suggestion to incorporate the concept of lex imperfecta by apl-Professor Gerhard Horsmann in Mainz. I thank Ulli Haus for his sugges- tions on readability. I thank Jan Kohlstrung for his insights on biology. I thank Dr. Marcus Nabielek for moral support and insights on twentieth century ­German philosophy. I am thankful for my conversations with Charlie Jacobs in Kunming, China on the issue of slavery. I thank Phil Post in Foshan, China for his insights on the concept of theft in the closing chapter. I am thankful for interpretations, translations, primary and secondary research of Yawen Cheng in the Sichuan province of China. I thank James Baraldi for his insights. I give a special thanks to Rex Kozak for his interview with me about the famous class sessions in 1968 he experienced under the innovative teachings of Jane Elliot, inspired by the assassination of Dr. Martin Luther King Jr. I thank Prof. Rebecca Raphael for her encouragement and invitation to the naturalization ceremony of Rwandan hero, Paul Rusesabagina. I thank the for- mer United States Ambassador to Burundi, Robert Krueger, who served during the genocide, for his insightful presentations at Texas State University and in New Braunfels. I appreciate former Justice David M. Medina for his insights on privileges in the legal institution and his role as a guest lecturer for a course I taught at Texas State University. I thank Professors Paul Hart, Cyrus Cassells and Dwight Watson at Texas State University. I am grateful for the support from the Department of Philosophy at Texas State University-San Marcos, especially from Professors Craig Hanks, Gilbert Fulmer and Dean Geuras. I thank Prof. Daniel Baker, Christopher “Twister” Marquis, and Jay Koltermann for their support in San Marcos. I thank Associate Provost Timothy Hulsey at the University of Tennessee. I am grateful for the ideas in sociology and philosophy shared by Prof. Alex- ander Gungov and ideas in epistemology and theory of mind shared by Prof. Aneta Karageorgieva
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