Language skirts the somatic fringes of the moment, particularly in practices where the powers of human speech and writing seem nullified. Horse training is one such practice. We tell stories of horse training that sensitize us and bring us close to creatures whose movements, resonating with our own, connect us to a prelinguistic, animate world. In so doing, we bridge the gap between the reflective detachment of our customary, wordy practices and the wordlessness of pre-reflective animality. Yet a phenomenological discursiveness (...) shows us how vital moments of “becoming animal” can be consciously and linguistically sustained. “Becoming horse in the duration of the moment” addresses the corporeally-charged consciousness of being with horses on the ground and in the saddle. This paper describes a relationality and temporality that, though mostly wordless in strictly human terms, speaks a sophisticated language of moment resonance. In so doing, it contests the dualisms of verbal and non-verbal discourses, the separation of humans and other animals, and the divisions that keep somaticity on the fringes of consciousness. It responds to the ecological challenge to get beyond the linguistic appropriation of the other, human speciesism and anthropomorphic projections, in order to discern the kinesthetic and energetic expressivities of connecting with other beings and with the elements of animate existence. Horse training provides a case for “living” in the somatic fullness of the moment. (shrink)

Attention is drawn to the movements of the body and to the ethical imperative that emerges in compelling, flowing moments of teaching. Such moments of teaching are not primarily intellectual, discursive events, but physical, sensual experiences in which the body surrenders to its own movements. Teaching is recognized momentarily as a carnal intensity embedded in and emerging from the flesh. The ethical imperative to this teaching is felt proprioceptively and kinaesthetically when one holds in self-motion the well-being of another as (...) being of the same flesh. The teaching caress offers a primary example. This gesture of intimacy discloses an embodied ethic that contrasts with the transcendental ethics of curricular prescriptions, professional codes of conduct, and the presumptions of self-monitoring behavior. It is a gesture of care for another person, without fastidious carefulness. It is a gesture of pure duration, without sanctimonious purity, in its contact with the beauty, truth and value of the teachable moment. From earliest engagements with children to the dynamics of the university classroom, what makes for good teaching is essentially attentiveness to intimate gestures, such as the caress, that guide teachers kinethically in the moment. (shrink)

While interactions with other animate beings seem mostly to serve our own human interests, there are, at times, fugitive glimpses, passing contacts, momentary motions, and fleeting feelings of vital connection with other life forms. Life phenomenology attempts to realize these relational, interactive and intercorporeal possibilities. It challenges the language game of presuming the muteness and bruteness of non-human creatures and, at best, of speaking for them. It critiques the capture of non-human species within the inhibiting ring of human functions and (...) forms to reveal feelings and flows of interspecies commonality. It brings to expression the experiences of being moved to act and speak with others who do not share the human tongue. In part a critique of the logocentric, anthropocentric phenomenologies of intentionality, life phenomenology is more positively a means of coming to terms with the life-affirming kinetic, kinesthetic and affective dynamics of interspecies relationality. I take up the interrogation of this phenomenality, this humanimality, with the assistance of phenomenological scholarship that lends fuller credence to the experiences we have of moving in concert with other animate beings. In doing so, I aim to show the important insights that life phenomenology offers us in fostering not only greater appreciation of, responsivenss to and connection with other animals, but also in indicating the qualitative dynamics of relating with greater animate consciousness to one anotherof our own animal kind. (shrink)

The rules governing impaired transfers are widely thought to lie at the core of unjust enrichment law. This essay defends two propositions about these rules. First, there is no duty, in the common law, to make restitution of benefits obtained as the result of an impaired transfer . Rather than imposing duties to make restitution, or indeed duties of any kind, the rules governing impaired transfers impose only liabilities, in particular liabilities to judicial rulings. The only legal consequence of a (...) mistaken payment is that the recipient is liable to be judicially ordered to repay a sum of money equal to the payment. Second, it matters that the law governing impaired transfers imposes only liabilities, and not duties, because, inter alia, explaining and justifying liabilities is different from explaining and justifying duties. In particular, certain well-known objections to attempts to explain impaired transfer law can be avoided once it is recognized that this law is concerned exclusively with liabilities. In summary, then, this essay argues that the distinction between duty-imposing and liability-imposing rules has important implications for understanding the foundations of the law governing impaired transfers. (shrink)

This paper is based on the eco-pedagogical aspiration to live with domesticated animals in accordance with Alphonso Lingis's Community of those who have nothing in common. I draw upon this remarkable text as well as Lingis's animal writings in describing moments and movements of pathic community. Such a community in affective affiliation with one another, where symbiotic relations are possible and bodily kinships are exercised, exemplifies what is possible in more rational human communities where domesticating impulses seek to harness the (...) vital powers of coconstitutive life. Of telling significance are predatory threats, the manner in which they appear, and the protectionist responses they occasion. By recasting these threats and responses in terms of motional affordances, it may well be possible to move with non-human creatures, both literally and figuratively, beyond the anthropocentric confines of domestication. Animals with whom we appear to have nothing specifically, or in species terms, in common can show us how to cultivate more pathic communities of our own kind. (shrink)

This work is comprised of personal essays by some of the most noted Holocaust educators working in or with Holocaust museums, resource centers, or educational organizations across the globe.

The “life phenomenology” theme of the 35th International Human Science Research Conference challenged participants to consider pressing questions of life and of living with others of our own and other-than-human kinds. The theme was addressed by keynote speakers Maxine Sheets-Johnstone, Ralph Acampora and David Abram who invoked a motile, affective and linguistic awareness of how we might dwell actively and ethically amongst human communities and with the many life forms we encounter in the wider, wilder world we have in common. (...) Conference participants were provoked to consider the following questions: “How might phenomenology have us recognize a primacy of movement and bring us in touch with the motions and gestures of the multiple lifeworlds of daily living? What worlds from ecology to technology privilege certain animations? What are the affects and effects of an enhanced phenomenological sensitivity? What senses, feelings, emotions and moods of self-affirmation and responsiveness to others sustain us in our daily lives? And to what extent might the descriptive, invocative, provocative language of phenomenology infuse the human sciences and engender a language for speaking directly of life?”. (shrink)

This study uses a fourfold conception of the "natural" and sets up a dialectic between positive and critical gender thinking to develop answers to these questions: What sort of thing do we take femininity and masculinity to be? How is gender related to humanity? What does gender imply about embodiment? How does gender inflect ideals of personal worth? How does gender dichotomizing align genders with other dichotomized qualities? What does gender thinking assume or imply about procreation? What are noteworthy analogies (...) between gender and race, class, culture, age, and sexual orientation? (shrink)

In The Foundations of Private Law James Gordley argues that the modern private law in common and civil law jurisdictions is best explained on the basis of a neo-Aristotelian theory first developed by a group of 16th century Spanish thinkers known as the ‘late scholastics’. The concepts of distributive and commutative justice that, according to Gordley, lay at core of the scholastics’ theory and that explain, respectively, modern property law and the law of obligations , though ignored and disparaged for (...) much of the 19th and 20th centuries, are today familiar to most private law scholars . Yet Gordley’s understanding of these concepts and, in particular, of their relationship both to one another and to the apex idea of ‘living a distinctively human life’ is unique, setting his account apart not just from utilitarian and other ‘modern’ accounts of private law, but also from other neo-Aristotelian theories . In Gordley’s presentation, commutative justice is derived from distributive justice and distributive justice is derived from the idea of the distinctively human life. Confidently traversing a wide range of historical, comparative and theoretical materials, the book’s argument is at once ambitious, learned, and elegantly presented. But as a theoretical account of the foundations of the modern private law it is unpersuasive. The book’s own account of property law suggests that in practice the idea of distributive justice does little, if any, work in explaining the rules we actually have. Nor is it clear how, if at all, distributive justice flows from the allegedly foundational idea of the ‘distinctively human life’. As for commutative justice, it is not clear why, if is derived from distributive justice in the way Gordley believes, the courts should care about it. Finally, but perhaps most significantly, Gordley’s conception of commutative justice is unable to account for central features of the law of obligations. (shrink)