Transitional justice as a field of inquiry is a relatively new one. Referring to the range of mechanisms used to assist the transition of a state or society from one form of rule to a more democratic order, transitional justice has become the dominant language in which the move from war to peace is discussed in the early twenty-first century. Applying a deconstructive analysis to the question of transitional justice, the paper seeks to interrogate the core assumptions that underlie transitional (...) justice literature in relation to the relationship between law, politics and justice. As a discourse, transitional justice is replete with antinomies or binary oppositions, that of war and peace being the most obvious. Therefore the essentially deconstructible structure of differánce already exists within the concept. By examining the ways in which legal and political narratives are framed and reproduced, the paper seeks to deconstruct the opposition between law and politics on which much of the transitional justice literature rests. The article does not purport to provide a definitive critical analysis of transitional justice but aims to provoke debate and to prompt critical scholars to engage with the themes raised by providing an introductory analysis of some of the core features of a field of inquiry which seems ripe for deconstruction. (shrink)

In the 1980s and 1990s the predominant metatheories in development analysis were cast into doubt by their apparent failure in practice. One response to this impasse in development theory was to turn to postmodern ideas to explain their failure. In particular many analysts utilized Foucauldian discourse theory to critique development as a discourse of power. Such analysis gave rise to a post-development school of thought that condemned development as harmful to people in the Global South and advocated its abandonment. This (...) paper argues that most such attempts at a discourse analysis of development were characterized by serious flaws related to skepticism, notably problems of performative contradiction and relativism. Consequently, the paper argues for an alternative approach in the form of a development ethics drawing on aspects of deconstructionist and critical realist thought. (shrink)

This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...) of Man. Rather, the gap is a constitutive condition of law and political rights. From the perspective of Benjamin’s ‘Critique of Violence’, however, these analyses serve to perpetuate a bourgeois legality, one that both Hegel and Rancière acknowledge can never be realized due to the constitutive discrepancy between right and reality. In preserving the promise of legal equality, these analyses preclude the possibility of a suspension or ‘absolution’ from law. This suspension of law is a task that Benjamin identified with the proletarian general strike, a strategy whose pure violence is supposed to secure what Benjamin described, enigmatically, as a ‘wholly transformed work’. Remarkably, however, the relationship between the suspension of law in a general strike and a total transformation of labour is never clearly defined in the ‘Critique’. This paper will develop an account of this relationship by pursuing the references to Marx’s critical theory of capitalism in Benjamin’s writings. (shrink)

Two major developments of the last two decades have radically undermined traditional justifications of leftist politics: the failure of 20th-century `socialist' experiments, and what might be termed the deessentializing movement in contemporary philosophy. However, the social injustices that animated revolutionary thinkers in many respects remain, and some have arguably worsened in the era of globalized capitalism. This article investigates whether it is possible to articulate a new theoretical underpinning for progressive politics that nevertheless avoids the essentialist moves of Marxism. Ethico-political (...) readings of Derrida — one of the most influential anti-essentialist thinkers — are compared to Ernesto Laclau's attempts at formulating a post-Marxist progressive politics built around the notions of `hegemony' and `radical democracy'. Laclau's intervention in the Marxist tradition is to deconstruct its traditional categories so as to take account of contingency; his intervention in deconstruction is to introduce what in this article is described as `contestation', so as to provide a more coherent account of the political. The article concludes that neither deconstruction nor radical democracy provides an adequate basis for poltical action, but that the latter's account of the political is a meaningful development of the theoretical schema articulated by the former and does point to the possibility of a non-essentialist progressive politics. Key Words: aporia • contestation • contingency • deconstruction • Jacques Derrida • hegemony • justice • Ernesto Laclau • Emmanuel Levinas • responsibility. (shrink)

Abstract This paper sketches a Levinasian theory of action. It has often been pointed out that Levinas' ethics are incapable of providing principles of adjudication for guiding actions. However, a much more profound problem affects Levinas' metaphysical ethics and negates the possibility of adjudication and that is a patent lack of freedom from the yoke of the ethical. If ?ethics is primordial? indeed, then no act can be unethical in that there is no alternative possibility to the acceptance and performance (...) of the law. In this paper, I will argue that it is from the totalization of the acceptance and performance of law ?implicit in the subject's action? that alternative possibilities become visible. This is to say, it is through totalization that the subject demarcates the locus for the emergence of principles, which can permit adjudication among different acts without negating the radical primacy of ethics, which is probably Levinas? greatest contribution to the field. (shrink)

This paper argues that Derrida’s aporetic conclusions regarding moral and political concepts, from hospitality to democracy, can only be understood and accepted if the notion of différance and similar infrastructures are taken into account. This is because it is the infrastructures that expose and commit moral and political practices to a double and conflictual (thus aporetic) future: the conditional future that projects horizonal limits and conditions upon the relation to others, and the unconditional future without horizons of anticipation. The argument (...) thus turns against two kinds of interpretation: The first accepts normative unconditionality in ethics but misses its support by the infrastructures. The second rejects unconditionality as a normative commitment precisely because the infrastructural support for unconditionality seems to rule out that it is normatively required. In conclusion, the article thus reconsiders the relation between a quasi-transcendental argument and its normative implications, suggesting that Derrida avoids the naturalistic fallacy. (shrink)

The characterisation of Derrida’s politics as a seeking for the “lesser violence” has become an almost paradigmatic interpretation. Yet the phrase _la moindre violence_ appears only in the early essay “Violence and Metaphysics” and its meaning is not as straightforward as might initially seem. I will argue that it is a mistake to take this expression to summarise the political import of this essay let alone of deconstruction more generally. What Derrida repeatedly concerns himself on that occasion is not “the (...) lesser violence” but “worse violence” and “the worst violence,” terms that appears several times. This will be seen to be as a prefiguring of how, from the early 1980s on, following engagements with Plato and Lyotard, Derrida repeatedly names and elaborates “the worst” as that which we should seek to avoid. In order to uncover the politics of deconstruction, I will examine what Derrida has to say about “the worst” as well as what is said in the secondary literature, for it is also a term around which a number of unfortunate misinterpretations have arisen. In conclusion, it will be remarked that with the late coinage of the term _aimance_ Derrida makes clear his close proximity to the ethics of Levinas and his affirmation of an aspiration to nonviolence in the relationship with the other. (shrink)

The recent removal of the Richard Prince’s artwork Spiritual America from the Tate Modern’s “Pop Life: Art in a Material World” exhibition is the most recent and high-profile case of a work of art being withdrawn from a gallery in the UK on the grounds that it has allegedly breached legislation concerning indecent images of children. Surprisingly, the issue has been hardly considered by academics from law departments and is almost entirely ignored by philosophers specializing in aesthetics and ethics. This (...) essay considers the ethics of images of children by drawing from continental ethics and aesthetics, and by engaging with the only significant treatment of the subject undertaken by a philosopher, namely Peter J. King’s “No Plaything.” This paper shows that a continental perspective can open up positions that King’s ‘objectivist utilitarianism’ is oblivious of. In particular, the essay draws from Derrida’s reading of Kant’s Third Critique and the former’s quasi-conception of “the frame” in The Truth in Painting and “droit de regard” in Right of Inspection. In distinction to King, this paper engages with the actual existing reality of currently enacted laws and their application in particular cases such as in Spiritual America. I will begin with art ‘in the frame’ as the colloquial expression has it, art wrongfully and unjustly accused by the police. I will proceed via an examination of the question of the frame in Kant and Derrida, to demonstrate a need to reclaim the ethical status of works of art. The core procedure of my paper will be a ‘rediscovery’ of Spiritual America as the Kantian example that allows us to find the law. My argument will be that no work of art or image can of itself be decent or indecent. (shrink)

In this article, I attempt to explore the relation between two sets of terms in Derrida's work: friendship and democracy, and ethics and politics. On the basis of a reading of Derrida's interpretation of Blanchot in The Politics of Friendship, I argue that Blanchot's notion of a non-traditional conception of friendship is a reconstruction of Levinas's notion of the ethical relation to the other, which in turn provides the basis for the formalistic ethical affirmation of Derrida's work, an affirmation found (...) most clearly in his remarks on justice. I then move from the The Politics of Friendship to Derrida's more recent text on Levinas, Adieu, and try to explore the relation between ethics and politics in Derrida's work, with particular reference to the question of democracy. My concluding thesis is that Derrida's recent work is attempting to articulate, through notions such as democracy to come and the new international, what I call 'a repoliticization of Marxism'. (shrink)

The article explores Jacques Derrida’s view of the secular as the field of the socio-political. It focuses on his argument as to why religion and politics cannot be strictly separated as in the classical modern paradigm. By engaging Derrida’s later writings, this article shows that the secular domain cannot be purified of all faith and is best thought of as theologico-political, where ‘theologico-political’ indicates the interrelatedness and distinction between the theological and the political. The article’s central claim is that by (...) opening up to some form of the theological that is not reducible to traditional conceptions, and to a faith that is not necessarily religious, Derrida provides significant resources for understanding the secular today in more complex and critical ways than usual approaches offer. (shrink)

The evermore explicit technicization of the world, together with the immeasurable nature of the political and ethical questions that it poses, explicitly defy the syntheses of human imagination and invention. In response to this challenge, how can philosophy, in its relation of nonrelation with politics, help in orienting present and future negotiation with the processes of complexification that this technicization implies? The article argues that one important way to do this is to think and develop our understanding of technicity from (...) out of metaphysics, its destructions and deconstructions. The argument proceeds from the aporia of knowledge in Plato's Meno, situates continental philosophical thought's various articulations of the ‘other’ of metaphysics in relation to the problematic of this aporia and claims that certain understandings of this alterity can be further articulated in terms of technical supplementarity. Working between the concept of ‘arche‐writing’ in the thought of Jacques Derrida and that of ‘epiphylogenesis’ in that of Bernard Stiegler, the article then develops this supplementarity in terms of a play between originary technicity and its historical differentiations, one that both holds to the articulation of alterity in recent continental philosophy and develops it further in terms of its relation to historical determination. This relation, posited through a thinking of technicity, permits, finally, the ‘development’ of an ethics of giving time with which negotiation with processes of complexification can be undertaken in the name of justice. An ethical relation to these processes thereby emerges through the very excess of the human. (shrink)

By considering the way in which the mechanism of the scapegoat in René Girard's work is predicated on a phenomenal and anthropic understanding of violence, the following shows how Girard's anthropological conception of religion determines and limits from the beginning relations between the violent and the nonviolent and the phenomenal and the nonphenornenal. This conception is then inscribed within a larger economy of violence that opens up Girard's account of victimization and sacrifice to wider determinations. Important distinctions are made along (...) the way between the human sciences, religion, ethics and philosophy. If the work of Jacques Derrida in particular and deconstruction in general permit this widening in this article, I then argue however that such concepts as originary violence also short‐circuit the differentiations, with which we are concerned, to address, with and beyond Girard, a radical ethics of the lesser violence. (shrink)

Touching on Nancy and Derrida offers a glimpse not only into the thesis both of Jean-Luc Nancy's critique of touch and of Derrida's Le Toucher, but also into the threshold of a technology of (the) sense to come. This glimpse is an interrogation, and one that is both historic and historical, in the sense that Derrida, in addressing Jean-Luc Nancy's work, has presented us with an encyclopedic history of touch in the philosophic tradition from Aristotle to Nancy, one in which (...) what Derrida calls “transcendental archifacticity” is accorded its proper value, and within which any seeming anthropological privilege, as an inherent aspect of the Phenomenological Reduction is, as Derrida says, ‘overshadowed.’ Such an overshadowing is both strategic, in terms of a historical phenomenological project, and tactical, in Derrida's investigative sense: tactical in terms of implementation, manifestation, manipulation (i.e. through the application of the hand, manus) and in terms of tact, tactility; to which must be tacked on, à la Nancy, con-tact, ‘with touch,’ a ‘with-touch’ in which a béance, a gash or dash, opens out in-between, ‘at the very point’ to use Derrida's repeated specification, of bifurcation and of con-tact, at the junction point of the ‘spacing out’ of a laminated différance con-noting more than it has or had ever done in Derrida's work itself. *. (shrink)

The essay continues the discussion on democracy begun in Derrida Today 4:2, interrogating the associations between the nature of the pharmakon and democracy ‘itself’, seen as ‘the sovereignty of the people’. Starting with Derrida's notion of writing (and grammatology in general) as what he calls the ‘errant democrat’, shared by – and indeed defining – all, and at the same time prior to the demos, Bernard Stiegler makes the further claim that this foundation of democracy, the pharmakon, is not simply (...) a dialectical site of poison and remedy, as it is often seen, but rather a neutral space or referent that simultaneously connects and disconnects through Stiegler's wider sense of grammatisation, which includes Derrida's sense but extends to all tertiary memory, those external mnemonic devices that not only articulate but guide and indeed anticipate culture and its evolution. The implications of a pharmako-democracy are enormous in a hypertechnological epoch in technics as a tool has emerged as a controlling cultural force. In this sense pharmacopolitics are the only politics. The essay considers how Derrida's exploration of this pharmako-neutrality is at work in Specters of Marx as well as ‘Plato's Pharmacy’, and how it provides a frame for and a bridge to Jean-François Lyotard's related sense of desire in Libidinal Economy, where pharmacological neutrality must also be seen as excess or, in Lyotard's word for it, ‘inascribable’. (shrink)

Research in school psychologist report writing has argued for reports that connect to the client’s context; have clear links between the referral questions and the answers to these questions; have integrated interpretations; address client strengths and problem areas; have specific, concrete and feasible recommendations; and are adapted to the language and literacy level of the reader. The training of school psychologists involves attention to these factors. However, this paper argues that the experience of aporia, as described by the French philosopher (...) Jacques Derrida, is often removed from the process of report writing, as the aim seems to be to find a formula that works. We call for ethics which is concerned about the good life – this is a broader view than resorting to ethics only when faced with an ethical question. This paper, based on a small qualitative study of seven experienced school psychologists, highlights that psychologists in the process of report writing are caught in the aporia.... (shrink)

The purpose of the article is to evaluate the ethical and political conclusions that Ulrich Beck draws from his account of ‘civilization risks’. I have argued that the categories of ‘life’, ‘the organic’, and the ‘technological’ which are presented in Risk Society, presuppose a certain metaphysics of ‘natural’ human identity; and that it is the inscription of this identity in the politics of risk administration which opens the possibility of an absolutely legitimized regulation of nature, humanity, and society. Thus, in (...) order to evaluate the ‘risk’ entailed in the ethical and political strictures of Beck's ‘world risk society’, I have had recourse to the expositions of time, presence, identity and technology which Derrida has given in Of Grammatology and Specters of Marx. It is through these expositions that I have tried to work through the idea of an ecological politics that would remain sensitive to the events of difference and alterity precipitated by its own ‘cosmopolitan’ interventions. (shrink)

This thesis investigates a theoretical response to the question of what constitutes the political implications of the 2008 Global Financial Crisis. This thesis, working within the tradition of critical and cultural theory, undertakes a sustained engagement with the works of Jacques Derrida to theorise the traditions, norms, and practices that inform a response to an event such as the crisis of 2008. This thesis works with his proposals that: the spectre of its limitations haunts politics; that this has led to (...) the ‘deconstruction’ of the meaning of politics through complex textual frameworks; and that this dynamic leads to a tension between the arrival of new political possibilities on the one hand and new forms of political sovereignty on the other. After examining the significance of Derrida’s approach and secondary literature debating its interpretation, this thesis deconstructs the political implications of the crisis from politics in the traditional sense of the nationstate, the textual politics of scholarship, and finally the politics of the media, the domain, I argue, that incorporates the most discrete and sophisticated forms of sovereign decision-making. Finally, this thesis opens up its findings to secondary literature that suggest contrasting arguments. (shrink)

A diverse range of actors, from practitioners and academics to civil society groups and activists, appear to see hope in international law for the advancement of their causes. This article examines whether this optimism is well-founded. It explores whether international law can serve as an agent of social change, and whether it can accommodate radical changes in social order. It begins by exposing a formalist stance that is immanent to much ‘legal activist’ discourse. It then explores links between this mode (...) of jurisprudential thought and idealist epistemology. Drawing from the philosophy of Theodor Adorno, and in particular his notion of ‘identity-thinking’, it uncovers structural connections between formalism, idealism, law and economy that call into question international law’s socially-transformative potential. The perspective advanced in this article falls somewhere between the polarities of opportunity and impasse, seeking to acknowledge the importance of legal strategies in safeguarding the disenfranchised, while remaining alive to their potential dangers and limitations. (shrink)

This study presents a discourse on the question of incompletion and simultaneously inaugurates the development of a critical approach to contemporary social and political questions concerning selfhood, thought and community in terms of incompletion. Such a strategy has taken place on two main levels in this work. Firstly, there is a close textual reading and analysis of texts where the question of incompletion has been engaged with. Secondly, there is a historical/social analysis of existing institutions, this is a secondary analysis (...) of how the United Nations can be conceived in terms of completion or incompletion in relation to the quest for community. A major part of the close textual reading deals with French post-structuralist writers such as Bataille, Derrida, Foucault and Jean Luc Nancy. These writers are of interest in this work to the extent that they think central problematics of the philosophical tradition as necessarily and unavoidably incomplete. An important tension in the work of these writers is explored by showing that they theorise the central concepts of the self, thought and community as being impossible to resolve in any reachable present and yet they also do not abandon these central problematics either. The theoretical task entails bridging the gap between the deconstructive and the constructive, the nihilistic and the utopian within poststructuralism itself, and this, paradoxically, is to attempt an agitated reconciliation. Such a reconciliation may only act to deepen the difficulties to be found within the thought of such writers, but the theorization of incompletion does ultimately seek to both comprehend and critique contemporary difficulties surrounding the questions of community and selfhood. (shrink)