In this article I interpret John Rawls’s concept of the original position as a spiritual exercise. In addition to the standard interpretation of the original position as an expository device to select principles of justice for the fundamental institutions of society, I argue that Rawls also envisages it as a “spiritual exercise”: a voluntary personal practice intended to bring about a transformation of the self. To make this argument, I draw on the work of Pierre Hadot, a philosopher and classicist, (...) who introduced the idea of spiritual exercises as central to ancient and modern conceptions of philosophy. By reading Rawls alongside Hadot, this article portrays Rawls as a thinker deeply concerned with the question of how subjects can lead more just and fulfilling lives. It also proposes that the original position as a spiritual exercise can help defend liberalism as a social and political doctrine. (shrink)

The Image of Law is the first book to examine law through the work of Gilles Deleuze, activating his thought within problems of jurisprudence and developing a concept of judgment that acknowledges its inherently creative capacity.

The work of Henri Bergson, the foremost French philosopher of the early twentieth century, is not usually explored for its political dimensions. Indeed, Bergson is best known for his writings on time, evolution, and creativity. This book concentrates instead on his political philosophy—and especially on his late masterpiece, _The Two Sources of Morality and Religion_—from which Alexandre Lefebvre develops an original approach to human rights. We tend to think of human rights as the urgent international project of protecting all people (...) everywhere from harm. Bergson shows us that human rights can also serve as a medium of personal transformation and self-care. For Bergson, the main purpose of human rights is to initiate all human beings into love. Forging connections between human rights scholarship and philosophy as self-care, Lefebvre uses human rights to channel the whole of Bergson's philosophy. (shrink)

Henri Bergson is primarily known for his work on time, memory, and creativity. His equally innovative interventions into politics and religion have, however, been neglected or dismissed until now. In the first book in English dedicated to Bergson as a political thinker, leading Bergson scholars illuminate his positions on core concerns within political philosophy: the significance of emotion in moral judgment, the relationship between biology and society, and the entanglement of politics and religion. Ranging across Bergson's writings but drawing mainly (...) on his last book, _The Two Sources of Morality and Religion_, the contributors consider Bergson's relevance to contemporary discussions of human rights, democratic pluralism, and environmental ethics. _Contributors._ Keith Ansell-Pearson, G. William Barnard, Claire Colebrook, Hisashi Fujita, Suzanne Guerlac, Vladimir Jankélévitch, Frédéric Keck, Leonard Lawlor, Alexandre Lefebvre, Paola Marrati, John Mullarkey, Paulina Ochoa Espejo, Carl Power, Philippe Soulez, Jim Urpeth, Melanie White, Frédéric Worms. (shrink)

To commemorate the 75 th anniversary of Henri Bergson’s death I present what I believe is his most vital and lasting contribution to political philosophy: his conception of human rights. This article has two goals. The first is to present Bergson’s writings on human rights as clearly and simply as possible, so as to reach the wide audience it deserves. The second is to demonstrate his relevance for contemporary human rights scholarship. To do so, I connect him to recent debates (...) in the history and historiography of human rights. I also highlight his distinctive approach to human rights as furnishing a tool for individuals to work upon and improve themselves. For Bergson, the great promise of human rights is that they simultaneously open new possibilities to care for others and also to care for oneself. (shrink)

John Rawls was what we might call a “frenemy” to Stanley Cavell. Time and again, Cavell states his admiration for Rawls's political philosophy but criticizes it for two reasons. First, he believes that Rawls too hastily dismisses a perfectionist tradition that is essential for a flourishing liberal democracy. Second, he attacks certain aspects of Rawls's theory of justice as moralistic and legalistic. The first half of this article examines Cavell's critique of Rawls and argues that the two authors are more (...) closely aligned than suspected. It begins by reconstructing Cavell's critique of Rawls, and using archival materials from Harvard University, presents for the first time Rawls's interpretation of this critique. The second half of the article highlights perfectionist themes in Rawls's A Theory of Justice. The contribution of this article is to reevaluate the relationship between two of the most important moral philosophers of the twentieth century and also to provide a more expansive theory of liberalism that incorporates the psychological depth, moral subtlety and political hopefulness of moral perfectionism. (shrink)

Bergson was a pre-eminent European philosopher of the early twentieth century and his work covers all major branches of philosophy. This volume of essays is the first collection in twenty years in English to address the whole of Bergson's philosophy, including his metaphysics, epistemology, philosophy of science, philosophy of life, aesthetics, ethics, social and political thought, and religion. The essays explore Bergson's influence on a number of different fields, and also extend his thought to pressing issues of our time, including (...) philosophy as a way of life, inclusion and exclusion in politics, ecology, the philosophy of race and discrimination, and religion and its enduring appeal. The volume will be valuable for all who are interested in this important thinker and his continuing relevance. (shrink)

When we think of human rights we assume that they are meant to protect people from serious social, legal, and political abuses, and to advance global justice. In _Human Rights and the Care of the Self_, Alexandre Lefebvre turns this assumption on its head, showing how the value of human rights also lies in enabling ethical practices of self-transformation. Drawing on Foucault's notion of 'care of the self', Lefebvre turns to some of the most celebrated authors and activists in the (...) history of human rights–such as Mary Wollstonecraft, Henri Bergson, Eleanor Roosevelt, and Charles Malik–to discover a vision of human rights as a tool for individuals to work on, improve, and transform themselves for their own sake. This new perspective allows us to appreciate a crucial dimension of human rights, one that can help us to care for ourselves in light of pressing social and psychological problems, such as loneliness, fear, hatred, patriarchy, meaninglessness, boredom, and indignity. (shrink)

The chapter presents Bergson’s conception of philosophy as a way of life, as a thinking that seeks to make contact with the creativity of life as a whole. This endeavor to alter our vision of the world, and ultimately, our action and sense of being in the world, seeks to operate a “conversion of attention.” For Bergson, such a conversion is tied in with what he calls the “true empiricism” that allows us to experience and think change as that which (...) makes up living reality as a whole. Bergson conceptualizes this move beyond the human in terms of sympathy, a term employed both descriptively, to develop the notion of a sympathetic whole of life in which philosophy as a way of life resituates the self, and prescriptively, as urging us to overcome our estrangement from “the ocean of life” to which we owe our existence. This effort of sympathy takes the form of a spiritual exercise. Not limited to mere contemplation of the world, it transforms the manner in which we perceive the reality of duration and thus opens the path for a different way of living. (shrink)

Appearing here in English for the first time, Vladimir Jankélévitch's _Henri Bergson_ is one of the two great commentaries written on Henri Bergson. Gilles Deleuze's _Bergsonism_ renewed interest in the great French philosopher but failed to consider Bergson's experiential and religious perspectives. Here Jankélévitch covers all aspects of Bergson's thought, emphasizing the concepts of time and duration, memory, evolution, simplicity, love, and joy. A friend of Bergson's, Jankélévitch first published this book in 1931 and revised it in 1959 to treat (...) Bergson's later works. This unabridged translation of the 1959 edition includes an editor's introduction, which contextualizes and outlines Jankélévitch's reading of Bergson, additional essays on Bergson by Jankélévitch, and Bergson's letters to Jankélévitch. (shrink)

In this article, I claim that Mary Wollstonecraft and Edmund Burke both conceive of the rights of man as a medium for individuals to care for and cultivate the self. Beginning with Michel Foucault’s doubts that a concern with the care of the self can be found in modern political thought, I turn to Wollstonecraft and Burke in order to show that their debate turns precisely on the question of whether the rights of man enables or disables a care of (...) the self. For Wollstonecraft, on the one hand, the rights of man provide women with a means to overcome a destructive set of virtues—such as beauty, chastity, and modesty—that leave them spiritually destitute and deeply unhappy. For Burke, on the other hand, such rights devastate the system of manners that had previously nurtured the self’s relation to itself. Regardless of this disagreement, my key claim is that both thinkers conceive of the rights of man not just as a juridical construction but also as a comprehensive way of life. In this way, I extend Foucault’s notion of the care of the self—along with his conception of ethics, conversion, and personal cultivation—to a foundational debate in the human rights tradition. (shrink)

Contemporary political philosophers are often uncomfortable with the notion that a conception of the good life can be developed out of liberalism. Liberalism, they say, should remain neutral out of respect for pluralism. Early liberals of the nineteenth century, however, understood their project as a vindication of the good life, along with a diagnosis of what threatens it. This article attempts to build a conception of the good life from liberal values and sensibilities, yet not run afoul of the need (...) to respect pluralism. It draws on early and contemporary liberals, as well as popular culture, to sketch a way of life that is fulfilling and available for us today. (shrink)

This multidisciplinary volume explores the relationship between human rights and the subject. Each chapter considers how human rights norms and practices affect the way we relate to ourselves, to other people, and to the non-human world, drawing on the best work on human rights in political theory, cultural studies, history, law, anthropology, literary studies, and philosophy.

Este artigo examina a concepção bergsoniana de direitos humanos [les doits de l’homme] em As Duas Fontes da Moral e da Religião. Proponho que Bergson apresenta uma visão original quanto aos direitos humanos. Mais do que entendê-los como um dispositivo para proteger os seres humanos de sérios abusos sociais, legais e políticos, Bergson os concebia como um meio de transformação pessoal. Em particular, argumento que para Bergson o verdadeiro potencial dos direitos humanos é iniciar toda a humanidade numa vida predisposta (...) ao amor e à alegria. (shrink)

This article examines Henri Bergson’s conception of human rights in The Two Sources of Morality and Religion. I claim that he provides an original view of human rights. Rather than understand human rights primarily as an institution to protect all human beings from serious social, legal, and political abuse, Bergson conceives of them as a medium of personal transformation. In particular, I argue that for him the true potential of human rights is to initiate all human beings into a way (...) of life open to love and joy. (shrink)

Kant proposes a unique and necessary presupposition of our faculty of judgment. Empirical nature, together with its diverse laws, must be judged as if it were a coherent unity. In a teleological judgment, we add that nature must be judged as if it were purposively designed for our faculty of judgment. In this article, I argue that Kant's insights on reflective teleological judgment - the least commentedupon element of the Critical philosophy - are adopted by Dworkin towards a philosophy of (...) law and adjudication. I claim Dworkin's concept of ‘integrity’ strictly, but tacitly, partakes of the structure of Kant's teleological judgment in its presumption of systematicity in juridical laws and unity of community which designs and abides its own principles. Throughout, I draw on Gilles Deleuze - a philosopher who complains of being ‘against judgment’ and wishes ‘to have done with judgment’ - to critique both the presuppositions and effects of such teleological judgment and the image of law it proposes. Using Deleuze I hope to characterize and criticize the teleological theory of judgment and also fruitfully engage Deleuze with problems of law scarcely addressed either by himself or by commentary. Key Words: Gilles Deleuze • Ronald Dworkin • integrity • judgment • Immanuel Kant • law • principle • teleology. (shrink)

ABSTRACTThis article stages an encounter between Habermas and Deleuze on law, rights, and adjudication. Most of the article is spent developing Habermas’s concept of adjudication as the application of communicatively generated norms. This application, I argue, involves a complex temporality that is at once retrospective and non-creative. Deleuze is used to critique this concept of adjudication in favor of one based on concrete situations and the creation of new problems. In so doing, I will develop Deleuze’s notorious, and notoriously hostile, (...) remarks on human rights and philosophies of communication by relating them to discourse ethics and to the positive conception of law and judgment that can be drawn from his work. (shrink)

A radical new interpretation of liberalism, viewing it not merely as a political philosophy or set of political precepts, but as a personal orientation and way of living.

ExcerptIt is often observed by H. L. A. Hart, and also by his friends and interpreters, that when he accepted Oxford's Chair of Jurisprudence in 1952 his field was in a bad way. Looking back in an interview, Hart remarks that at the time British jurisprudence “had no broad principles, no broad faith; it confronted no large questions…. It focused on technical, legal problems. There were no large-scale inquiries into the philosophical dimensions of law…. There was no legal philosophy. Jurisprudence (...) had become a kind of closed subject, and very few people had ever thought of revising it.”1 Indeed, shortly…. (shrink)

Modern social and political thought has approached the questions of politics, law, and citizenship from the vantage point of a fundamental divide between the occidental and oriental, or archaic and modern, institutions. This article creates a concept, the gift of law, by staging two gift-giving practices as two historical moments: Greek euergetism and Ottoman waqf. While it is indebted to Mauss, our articulation of the gift of law also owes to the critical interventions of Jacques Derrida and Pierre Bourdieu, who (...) emphasized non-voluntaristic and non-calculative aspects of the gift. We argue that both euergetism and the waqf enabled and substantiated legal subjectivities that allocated rights and obligations. Those gift-giving practices establish relationships between various groups and legal authorities that were crucial in the formation of cities as spaces of government, for both citizens and non-citizens alike. With the concept ‘gift of law’, categories ‘oriental’ and ‘occidental’ become problematic. (shrink)

A recurrent problem in Spinoza's ethical and political philosophy is what beings can do, what their affects are, and how these affects may be diminished or enhanced. This paper focuses on Spinoza's Theological-Political Treatise to examine how natural and positive law engages a constitutive relationship with our affective capacity or, in Spinoza's language, our modal power and conatus. This paper begins with a critique of interpretations of Spinoza as a precursor of liberal political and juridical philosophies, and proceeds to argue (...) that far from grounding a stable polity in individual right, law and natural right, Spinoza establishes a political landscape without finalist significance and in pursuit of an embodied activity of establishing new affects. Law in Spinoza will be seen not as a duty or a constraint but as a measure and an exercise of affectivity and power, a productive and phenomenological force that casts human affects into creative and unforeseeable figurations. (shrink)