The aim of this paper is to analyse the political and legal philosophy of Anacharsis Cloots, a Prussian-born French philosopher, through the constructs characteristic of Carl Schmitt’s philosophy, i.e. political theology and sovereignty. The author of the paper undertakes historiosophical criticism, which takes up the theological dilemmas in a strongly atheistic argumentation of Anacharsis Cloots and the possibility of developing a new social model while at the same time mediating from the achievements of European Legal Culture and Western (not only Continental) Philosophy. The originality of Anacharsis Cloots’ methodical approach to the jurisprudence is based on the recognition of transitivity as a decisive category for the “Political”. Anacharsis Cloots transvaluated medieval political theology and opened up a new perspective, which was developed by Modern Philosophy.
The article aims to present a reflexion on The Autonomous Responsive System and possibilities of automated dispute resolution. The relation between rational choice and legal efficiency seems to be the first dilemma. The rational choice is created by distinction of algorithms and discourses. The legal efficiency means transparency. Social interpretation of law appears as the result of the three-stage analytical sequence. Functionalism explores the elaboration of further relations. Automated decision-making System is impossible without understanding correlation between standards and alternatives. Standards are based on received signals. Alternatives indicate potential strategies of social doing. Multitude and limited predictability of strategies disturbs responsiveness of the System. The postmodern perspective is connected with constant change. Social challenges of the Enlightenment are topical, however, require a new methodological approach. The Autonomic Responsive System should elaborate a reaction on practical choices of signals’ receivers—it means—understand human nature. There are two way to send signals socially: persuasion and normative emphasis. A constant change causes the spillover of practices and the dissemination of notions. The discourse has an impact on the communication loop. Marxist discursive element is focused on superstructure and the Supplementary Logic. Institutionalism and the rule of practices in social context are analyzed by nietzschean discursive element. The axiological openness assumes the multicentric orientation toward a factual state. The Automatic Responsive System appears to be an inevitable consequence of the autopoietic law.
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