Continental Ethics

In the course of remarking on the “parodic” nature of Nietzsche’s “doctrine” of Eternal Return, Klossowski writes of “laughter, this infallible assassin.” (Amir 2021, 272) The laughter of homo risibilis does not err in its elimination of human despair, nor does it errantly dispose of any other portion of human existence. A question that I will develop over the course of these remarks is the question of this assassination by laughter: what, precisely, is assassinated? and, what might be lost in (...) such an assassination? In pursuing this question, I want to explore the temporal overlap between the academic acceptance of Nietzsche in France in the early 1960s and the discussion of Spinoza in France at the same time—a discussion that was closely linked to the Holocaust—in order to raise the question of the relation of humor and history. -/- My question to Prof. Amir is: do laughter and humor have a role to play even in the face of world-shattering wrongs? In her account of homo risibilis and in her account of Nietzsche’s philosophy of laughter and its French inheritors, the focus seems squarely on the present and the future. Deleuze’s laughter is that of the human being who has embraced fate but also of the individual who, with their laughter, would overturn norms and conventions. Prof. Amir writes that “Deleuze … focuses on the iconoclastic force of humor, its capacity to break any boundary or law.” (Amir 2021, 282) But is such a focus recalcitrant to ethical efforts to reckon with past evils and injustices? In the overcoming of the tragic by the comic, is there room for remembrance? Is there room for honor to be paid to history? Or, are laughter and humor a-historical forces—is laughter, after all, in Klossowski’s words, an infallible assassin? Is no historical event secure from its transformative and iconoclastic work? -/- . (shrink)

In Beyond the Anthropological Difference, Matthew Calarco aims both at exposing and interpreting the current theoretical situation regarding animals and at proposing a new way of conceiving human-animal relations, advancing what he calls an ‘ontology of indistinction’. Mimicking Jacques Derrida’s project of decentring philosophy, here Calarco aims at decentring ethics appealing to a serious consideration of the relations between beings as opposed to a search for a ‘primary locus of ethical consideration’ (41).

This project retraces activations of Kierkegaard in the development of polit­ical theology. It suggests alternative modes of states of exception than those attributed to him by Schmitt, Taubes and Agamben. Several Kierkegaardian themes open themselves to 'something like pure potential' in Agamben, namely: living death, animality, criminality, auto-constitution, modification, liturgy, love and certain articulations of improbabilities. Attention is drawn to a modal ontology and auto-constitution at work in Kierkegaard's writings, as well as a complicated and indissociable operation between killing and (...) letting-live in legalist exceptionalism, comparable to similar functions found in Foucault regarding the biopowers and necropolitics of territorial and governmental apparatuses. It closes in consideration of Kierkegaard's critique of enumeration, large numbers, and statistical probability alongside contemporary tele-technoscientific social controls via the online datafication of people by surveillance or platform capitalisms. After Kierkegaard, such apparatuses are perhaps suspect as calculated to tranquilize humanity into more docile subhumans as it fools folk into becoming part of its numbers. (*Accompanying file includes only front matter, abstract, and endnotes*). (shrink)

In Beyond the Anthropological Difference, Matthew Calarco aims both at exposing and interpreting the current theoretical situation regarding animals and at proposing a new way of conceiving human-animal relations, advancing what he calls an ‘ontology of indistinction’. Mimicking Jacques Derrida’s project of decentring philosophy, here Calarco aims at decentring ethics appealing to a serious consideration of the relations between beings as opposed to a search for a ‘primary locus of ethical consideration’ (41). -/- .

The main purpose of this paper is to explore and understand the relationships between secularism, pluralism, and the post-secular public sphere in the thought of Jürgen Habermas, Charles Taylor, and William Connolly. The three authors develop a thorough critique of secularism which implies a radical break with the dogmatic idea of removing religion from the public sphere. My main objective is to show that this critique is related to a normative understanding of our post-secular situation and requires a rethinking of (...) the boundaries of the public sphere in relation to the predicament of pluralism. Arguing against the post-metaphysical conception of secularism, Taylor develops a critique of Habermas’s “institutional translation proviso”, and Connolly stresses the agonistic dimension of the post-secular public sphere. I take these criticisms into account, while arguing that Taylor and Connolly are unable to provide a sound basis for the legitimacy of our institutional settings. In contrast to Taylor and Connolly, I propose a reading of Habermas’s theory based on the internal relationship between universal justification and the everyday contexts of pre-political solidarity. I conclude with a focus on the need to take into account the agonistic dimension of the post-secular public sphere. (shrink)

A biographical and philosophical portrait of the Hungarian philosopher Agnes Heller.

This article examines the hermeneutics as a basis of critique in the work of Gianni Vattimo and Hans-Georg Gadamer.

What is the significance of hermeneutics at the intersections of ethics, politics and the arts and humanities? In this book, George -/- - Discusses how hermeneutics offers ways to develop an ethics - Makes the case for the relevance of contemporary hermeneutics for current scholarly discussions of responsibility within continental European philosophy - Contributes a new, ethically inflected approach to current debate within post-Gadamerian hermeneutics - Extends his analysis to the practice of living and covers animals, art, literature and translation (...) -/- Few topics have received broader attention within contemporary philosophy than that of responsibility. Theodore George makes a novel case for a distinctive sense of responsibility at stake in the hermeneutical experiences of understanding and interpretation. -/- George argues for the significance of this hermeneutical responsibility in the context of our relations with things, animals and others, as well as political solidarity and the formation of solidarities through the arts, literature and translation. (shrink)

This paper brings Gabriel Marcel and Emmanuel Levinas into dialogue through a consideration of the notion of the spirit of abstraction in Marcel and the notion of the infinitely different other in Levinas. We abstract meaning from Mona Lisa‘s smile from her physical portrait. It is appropriate to abstract from the baby‘s sound whether he or she seems to be happy or sad, but it is when we begin to abstract humans from their humanity that the spirit of abstraction is (...) engaged. My thesis is that the spirit of abstraction is a form of cognitively dislocated reason. This cognitive dislocation begins with the idea that people can be abstracted into characteristics and traits and that these traits can be assigned arbitrary superiority or inferiority e.g., big nosed people have superior intellects; small nosed people do not. Marcel suggests that the spirit of abstraction can turn persons into impersonal targets that are accorded fewer or reduced rights as if they were other than other human. The result can be that inferior persons are accorded one set of rights and superior persons are accorded another set of rights. A most drastic form of the spirit of abstraction occurred during the Holocaust, when the Nazis dehumanized the Jews. Drawing on the work of Robert Solomon, I suggest that if we begin to understand that reason and passion are interchangeable, we can stand back to reconsider attitudes that produce arbitrary abstractions. The spirit of abstraction is cognitively dissociated reason because it redirects someone from the self-evident notion that this other is human, to this other is other-than-human, and even less-than-human because of some arbitrary condition, e.g., being small nosed.ion is a necessary intellectual exercise to achieve what one intends—differentiating an edible mushroom from one that is poisonous by its color. The spirit of abstraction, on the other hand, is cognitively dislocated reason because it is a form of expediency that pre-categorizes persons without considering the individual who, for example, stands before me. What Marcel and Levinas ultimately ask us to do is to recognize this cognitively dislocated reason and turn the discourse from abstracting humans into categories deserving of different human rights toward a conversation that asks which human rights should apply to all humans. (shrink)

Two of the most basic commitments of virtue ethics, both ancient and contemporary, are that virtue is knowledge and that this knowledge is a kind of moral sensitivity that is best understood on the model of perception. On this account, the virtuous agent perceives moral goodness and badness in something like the way we perceive that a smiling person is happy or that a raging bull is dangerous. This is opposed to the more widely held view of moral experience, according (...) to which perception informs us only of nonmoral states of affairs; the specifically moral content of the experience, on this view, comes either from distinct pro or con attitudes toward those states of affairs or from general principles that we apply... (shrink)

Against the two dominant ethical paradigms of continental philosophy–Emmanuel Levinas’s ethics of the other and Michel Foucault’s ethics of self-cultivation—The Self-Emptying Subject theorizes an ethics of self-emptying, or kenosis, one that reveals the immanence of an impersonal and dispossessed life without a why. Rather than align immanence with the enclosures of the subject, Dubilet engages the history of Christian mystical theology, modern philosophy, and contemporary theories of the subject to rethink immanence as what precedes and exceeds the very difference between (...) the (human) self and the (divine) other, between the subject and transcendence. By arguing that transcendence operates on life in secular as well as religious domains, the book challenges a dominant distribution of concepts within contemporary theoretical discourse, which associates transcendence exclusively with religion and theology and immanence exclusively with modern secularity and philosophy. -/- The Self-Emptying Subject argues that it is important to resist framing the relationship between medieval theology and modern philosophy as a transition from the affirmation of divine transcendence to the establishment of autonomous subjects. Through an engagement with Meister Eckhart, G. W. F. Hegel, and Georges Bataille, it uncovers a medieval theological discourse that rejects the primacy of pious subjects and the transcendence of God (Eckhart); retrieves a modern philosophical discourse that critiques the creation of self-standing subjects through a speculative rewriting of the concepts of Christian theology (Hegel); and explores a discursive site that demonstrates the subjecting effects of transcendence across theological and philosophical operations and archives (Bataille). Taken together, these interpretations suggest that if we suspend the antagonistic relationship between theological and philosophical discourses and decenter our periodizing assumptions and practices, we might encounter a yet unmapped theoretical fecundity of self-emptying that frees life from transcendent powers that incessantly subject it to their own ends. (shrink)

The Western philosophical tradition has shown a marked and perennial fondness for tragedy. From Plato and Aristotle, through the development of Christianity, to German idealism, and even to contemporary reflections on the murderous violence of the twentieth century, philosophy has repeatedly looked to tragedy for resources to make suffering, grief, and death thinkable. But what if by showing such a preference for tragedy, philosophical thought has unwittingly and unknowingly aligned itself with a form of thinking that accepts human suffering and (...) pain without protest? This collection explores possibilities for philosophical thinking that refuse the tragic model of thought and turn instead to its often-overlooked companion: comedy. Composed of a series of experiments ranging across the philosophical tradition, the essays in this volume propose to break, or at least suspend, the use of tragedy as an index of truth and philosophical worth. Instead, they explore new conceptions of solidarity, sympathy, critique, and justice. In addition, the essays collected here provide ample reason to believe that philosophical thinking, aligned with comedy, is capable of important and original insights, discoveries, and creations. The prejudicial acceptance of tragic seriousness only impoverishes the life of thought; it can be rejuvenated and renewed by laughter and the comic. This book was originally published as a special issue of Angelaki: Journal of the Theoretical Humanities. (shrink)

Contemporary French philosophy is laying fresh claim to the human. Through a series of independent, simultaneous initiatives, arising in the writing of diverse current French thinkers, the figured of the human is being transformed and reworked. -/- Christopher Watkin draws out both the promises and perils inherent in these attempts to rethink humanity’s relation to ‘nature’ and ‘culture’, to the objects that surround us, to the possibility of social and political change, to ecology and even to our own brains. This (...) comparative assessment makes visible for the first time one of the most important trends in French thought today. (shrink)

Many suppose some form of free will is required to make moral responsibility possible. Levinas thinks this is backwards. Freedom does not make moral responsibility possible. Moral responsibility makes freedom possible. Free will is not a condition for morality. Free will is an aspect and expression of our moral condition. Key to Levinas’s argument is his rejection of free-will-individualism: the idea that free will is a power a single being could possess. A “contradiction” extracted from standard accounts, and related troubles (...) with autonomy as found in Kant and Korsgaard, motivate Levinas’s counter-claim: Freedom cannot be by nature mine. For my own nature is something I am free to change. Hence my own nature is something from which I am somehow free. Traditional freedom over one’s self thus presupposes a prior liberating ‘inner distance’ from one’s self. And this initial detachment or un-self-centering is an ethical distancing which only another person can effect. Free will individualism is mistaken, because other persons play an indispensable role in making us free. The chapter concludes that free will is best thought of as Levinas suggests: not as an individual power, but as a social process like love: an ongoing second-personal responsiveness wherein we face and free one another. (shrink)

In this paper I begin by suggesting that Immanuel Kant’s argument for the impermissibility of treating others with contempt seems to be subject to a paradox very similar to the well known paradox of forgiveness first described by Aurel Kolnai. Specifically, either the object of the judgment of contempt is not really contemptible, in which case the prohibition on treating him with contempt is superfluous, or else the person truly is contemptible, in which case the prohibition seems unjustifiable, reducing to (...) a mere condonation of wrongdoing. My goal in the paper is to show that this paradox is only apparent. Making use of the philosophy of phrases that Jean-François Lyotard develops in The Differend—emphasizing especially the ideas of phrase-event, presentation, situation, addressor, and addressee—I argue that the Kantian prohibition on treating others with contempt is rationally defensible, even in cases in which we believe the object of the judgment of contempt truly is contemptible. (shrink)

François Laruelle has rightfully earned the title of contemporary French philosophy’s archetypical heretic, having fostered the “non-standard” method of univocal genericity and spurred an altogether radical praxis, inciting a new generation of loyal followers that include Jason Barker and Ray Brassier. Laruelle’s method, often referred to as “non-philosophy” (though “non-philosophy” is an abbreviation of “non-standard philosophy”), withdraws from the metaphysical precept of separating the world into binarisms, perhaps epitomized by the formative division between “universals” and “particulars” in Kant’s Transcendental Deduction. (...) Laruelle’s method also rejects the “evental” nature of Being described by Heiddegger as the foundation for philosophy's “standard model,” which Heidegger termed Ereignis (often translated as “the event of Appropriation”). In its immanence, Laruelle’s “One” is understood as generic identity - an identity/commonality that reverses the classical metaphysics found in philosophy’s bastion thinkers (a lineage that runs from Plato to Badiou), where the transcendental is upheld as a necessary precondition for grounding reality. Instead, Laruelle asserts the “One” as the immanent real: generic, non-philosophical and axiomatic. (shrink)

Michail M. Bachtin, der durch die Entwicklung der literaturwissenschaftlichen Paradigmen der Dialogizität und Polyphonie Berühmtheit erlangte, wurde noch nicht ausreichend als Vertreter der ihrerseits vernachlässigten russischen Philosophie wahrgenommen. -/- Bereits in den philosophischen Fragmenten des Frühwerks bilden Dialog und Vielfalt den roten Faden. Unter der Prämisse seines dynamisch-organischen Menschenbildes ist der Mensch dort am vollkommensten, wo ihm ein anderer antwortet. Bachtins Frühwerk ist ein mutiges, aber nicht leicht zugängliches Plädoyer für eine menschliche Einheit in der Vielfalt und Vielfalt in der (...) Einheit, das historisch und systematisch interpretiert und erschlossen wird. Die Phänomene Liebe und Tod veranschaulichen dieses Modell gegenseitiger Anerkennung, das vielfältige interdisziplinäre Anknüpfungspunkte bietet. (shrink)

Recent literature on forgiveness suggests that a successful account of the phenomenon must satisfy at least three conditions: it must be able to explain how forgiveness can be articulate, uncompromising, and elective. These three conditions are not logically inconsistent, but the history of reflection on the ethics of forgiveness nonetheless suggests that they are in tension. Accounts that emphasize articulateness and uncompromisingness tend to suggest an excessively deflationary understanding of electiveness, underestimating the degree to which forgiveness is a gift. Accounts (...) that emphasize electiveness, on the other hand, tend to weaken the safeguards that keep forgiveness distinct from condonation, excuse, or mere servility. I argue in this paper that we can do justice to the three conditions by understanding forgiveness in terms of the concept of institution that Maurice Merleau-Ponty developed in his work from the early- to mid-1950s. (shrink)

In this article I examine what happens to the “I” when the other disappears. I elucidate the relationship between ontic – relational ties to specific others – and ontological relationality – the fundamental relationality that facilitates the very existence of the “I.” The loss of an ontic relationality, I contend, ensures that the “I” can never be the same as it was prior to the loss. But the disappearance of an ontic relationality also accentuates that the “I” cannot disavow its (...) ontological relationality, despite the pain and suffering brought about by the loss of a specific other. I argue that exposure to this ontological relationality, through the deprivation of an ontic one, offers us the opportunity to re-think habituated and potentially damaging forms of relationality, particularly in an age when neoliberal rationality encourages us to turn away from the other and to seek shelter in the self. To explicate the chiastic relationship between ontic and ontological relationality, I draw on Maurice Merleau-Ponty’s concept of the “hinge,” Judith Butler’s work on grief and mourning, and Emmanuel Levinas’s notion of the “face.” By looking specifically at remembrance campaigns for victims of forced disappearance – particularly in Guatemala and Argentina – I show how faces of the disappeared continue to haunt the political present in ways that refuse the fantasy of a return to a former order. In doing so, these campaigns keep exposing us to the ontological relationality that underpins all human life, encouraging us to find new ways of relating that transcend our habituated and repetitive relational behaviours. This exposure, I argue, illustrates that no amount of self-sufficiency allows us to escape the ontological necessity of relationality. The disappearance of the other, any other, discloses the fraudulent anti-relationality of the neoliberal era by revealing the ties that connect beings together. This disclosure, I conclude, constitutes the importance of the relationality of disappearance. -/- . (shrink)

This book proposes a substantially new solution to a classic philosophical problem: how is it possible that morality genuinely obligates us, binding our wills without regard to our perceived well-being? Building on Immanuel Kant’s idea of the fact of reason, the book argues that the bindingness of obligation can be traced back to the fact, articulated in different ways by Maurice Merleau-Ponty, Michel Serres, and Jean-Luc Nancy, that we find ourselves responsive, prior to all reflection, to a pre-personal, originary dimension (...) of sense. (shrink)

Building on the theory of humor advanced by Yves Cusset in his recent book Rire: Tractatus philo-comicus, I argue that we can understand the phenomenon in terms of what Jean-Luc Nancy, following Roland Barthes, has called the exemption from sense. I attempt to show how the humorous sensibility, understood in this way, is entirely incompatible with the experience of others as contemptible. I conclude by developing some of the normative implications of this, focusing specifically on the question whether it is (...) ever morally permissible to treat others with contempt. (shrink)

This chapter is an overview of Giorgio Agamben's engagement, in the Homo Sacer series (1995–2014), with Aristotelian philosophy. It specifically studies Agamben's attempt to deconstruct two Aristotelian conceptual oppositions fundamental for the Western tradition of political thought: (1) that between the bare fact of being alive and "qualified" living (associated by Agamben with an alleged distinction between zōē and bios) and (2) that between potentiality (dynamis) and actuality (energeia). Agamben's concept of form-of-life (forma-di-vita), a life that is never "bare" but (...) always in the process of qualifying itself, is designed to deactivate and overcome these distinctions. In the final volume of the series, The Use of Bodies (2014), this is done with the help of the Aristotelian concepts of use (chrēsis) and habit (hexis). (shrink)

In Herman Melville’s Bartleby, the Scrivener, the narrator finds himself involved in a moral relation with the title character whose sense he finds difficult to articulate. I argue that we can make sense of this relation, up to a certain point, in terms of the influential account of obligation that Stephen Darwall advances in The Second-Person Standpoint. But I also argue that there is a dimension of moral sense in the relation that is not captured by Darwall’s account, or indeed (...) by any of the accounts of obligation that have been most prominent in the history of western philosophy from the early modern period up to the present. More specifically, I argue that what is brought out in the relation between Bartleby and the narrator is the separation of the experience of moral necessitation from the rule that would give its content. I attempt to show that this obligation without rule is a genuine moral phenomenon and that we can begin to understand it in terms of the ideas of love, singularity, and potentiality as these are developed in the work of Giorgio Agamben. (shrink)

In the early modern period, contempt emerged as a persistent theme in moral philosophy. Most of the moral philosophers of the period shared two basic commitments in their thinking about contempt. First, they argued that we understand the value of others in the morally appropriate way when we understand them from the perspective of the morally relevant community. And second, they argued that we are naturally inclined to judge others as contemptible, and that we must therefore interrupt that natural movement (...) of sense-bestowal in order to value others in the morally appropriate way. In this paper I examine in detail the arguments of Nicolas Malebranche and Immanuel Kant concerning the wrongness of contempt, emphasizing the ways in which they depend on conceptions of community and of the interruption of moral sense-bestowal. After showing how each of these arguments fails to comprehend the nature and the wrongness of contempt, I argue that we can find the resources for a more adequate account in the work of Jean-Luc Nancy, and specifically in his reflections on ontology and on the meaning of community. (shrink)

"Torture and Photography: Abu Ghraib" attempts to think the mutual relationships between torture and photography, addressingissues of objectivity, publicity, and distance. In a world where bodies have been divested of human rights, the objectification of the camera seems the perfect complement. Exploring the "prophylactic" character of film, the author proposes human "touch" as always in excess of this objectified state of affairs. Along with memoranda from the Bush administration on the issues of detainee rights and the role of torture in (...) interrogation, the essay engages with the theoretical work of Susan Sontag, Elaine Scarry, Michel Foucault, Georges Bataille, Erwin Straus, and Giorgio Agamben in staking out the intersection of torture and photography. (shrink)

I argue in this paper that Mountaintop Removal is part of what I call “ecological violence.” Whereas the common conception of violence perceives it as harm directly inflicted against an individual by a person or group, I seek to illuminate a form of violence that operates in the complex interrelation between people and the environing world they disclose through their practices. Ecological violence, as I understand it, is ecological in that it concerns the practices through which humans understand and uncover (...) beings in their surrounding environments. It is violent in that it is concerned with practices that sever people and other beings from the relations necessary for their authentic being. MTR, I argue, is violent in just this sense. To make sense of the concept of “ecological violence” I draw on the philosophies of Martin Heidegger and György Lukács. (shrink)

Our era is profoundly marked by the phenomenon of exile and it has become increasingly urgent to rethink the concept and our stance towards it. Permeated with references to the stranger, the other and exteriority, the philosophy of Emmanuel Levinas signifies towards a positive understanding of exile. This article distills from Levinas' philosophy a wisdom of exile, for the first time shedding a positive light on the condition itself.

This paper aims to highlight some major differences between the ethics of “self-becoming”, as it was sketched by Friedrich Nietzsche, and the so-called “aesthetics of existence”, which was developed in Michel Foucault’s late work. Although the propinquity between the two authors is a commonplace in Foucauldian exegesis, my claim is that the two projects of self-creation are dissimilar in four relevant aspects. To support my thesis I will use Foucault’s four-part ethical framework through which I will analyze each of the (...) two projects. Foucault, Nietzsche, self-creation, will to power, aesthetics of existence, ethical substance, mode of subjectification, ethical work, ethical telos, power relations. (shrink)

In The Troubadour of Knowledge, Michel Serres demonstrates, by means of an extended discussion of learning, that our capacity to adopt a position presupposes a kind of disorienting exposure to a dimension of pure possibility that both subtends and destabilizes that position. In this paper I trace out the implications of this insight for our understanding of obligation, especially as it is articulated in the moral philosophy of Immanuel Kant. Specifically, I argue that obligation is given along with a dimension (...) of moral possibility, and not, as Kant thought, as an unmediated fact of reason. (shrink)

En el presente artículo se intenta poner de relieve cómo la comp- rensión levinasiana del tiempo contribuye a la recuperación del valor y del sentido del instante presente, el cual ha sido menospreciado hasta nuestros días en gran parte de la tradición filosófica en tanto concebido a partir del tiempo, pensado este último como duración. Se trata así pues de pensar el sentido propio del instante en sí mismo, en cuanto momento presente, independientemente del sentido fun- cional que se le (...) asigna como parte de un conjunto –la duración– que lo abarca y en el que se absorbe. Se tratará por lo tanto de imaginar otras metáforas para explicar el acaecer temporal, distintas de la del punto, de la línea o de la del flujo del devenir; metáforas a partir de las cuales el tiempo ha sido siempre comprendido como un continuo homogéneo. Estas representaciones abstractas del tiempo presentan un orden que reúne los instantes, pero carecen de la noción de un instante central: ese instante por excelencia que es el presente. (shrink)

According to Immanuel Kant, the objective validity of obligation is given as a fact of reason, which forces itself upon us and which requires no deduction of the kind that he had provided for the categories in the Critique of Pure Reason. This fact grounds a moral philosophy that treats obligation as a good that trumps all others and that presents the moral subject as radically responsible, singled out by an imperatival address. Based on conceptions of indifference and facticity that (...) Charles Scott has articulated in his recent work, I argue that these broadly Kantian commitments are mistaken. More specifically, I argue that the fact of obligation is given along with a dimension of indifference that disrupts the hierarchical relation between moral and non-moral goods and that renders questionable the unconditional character of responsibility. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...) the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

Dignity, according to some recent arguments, is a useless concept, giving vague expression to moral intuitions that are better captured by other, better defined concepts. In this paper, I defend the concept of dignity against such skeptical arguments. I begin with a description of the defining features of the Kantian conception of dignity. I then examine one of the strongest arguments against that conception, advanced by Arthur Schopenhauer in On the Basis of Morality. After considering some standard accounts of dignity, (...) showing how they fail adequately to address Schopenhauer’s concern, I propose and defend a new account of dignity, drawing on the ontology of Jean-Luc Nancy. (shrink)