I seek to interpret the work of Walter Benjamin in light of the "system programme" of German Idealism, in order to confront an antinomy of contemporary radical thought. Benjamin has been regarded as an anti-Hegelian thinker of the exception. Reading him against the grain, I draw out a concept of counter-tradition that eschews the opposition of intra-historical progress and extra-historical exception. The philological inspiration is a book by Franz Joseph Molitor, student of Schelling and "teacher" of Benjamin: The Philosophy of (...) History, or, On Tradition. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

The main goal of this paper is to argue the relevance of Hegel’s notion of the Trinity with respect to two aspects of Hegel’s idealism: the overcoming of subjectivism and his conception of the ‘I’. I contend that these two aspects are interconnected and that the Trinity is important to Hegel’s strategy for addressing these questions. I first address the problem of subjectivism by considering Hegel’s thought against the background of modern philosophy. I argue that the recognitive structure of Hegel’s (...) idealism led him to give the Trinity a decisive role in his philosophical account. Next, I discuss the Trinity by analysing the three divine persons. This analysis paves the way for the conclusion, where I argue that the Trinity represents a model for re-thinking the ‘I’ in a way that overcomes a ‘naïve realist’ and a ‘subjective’ account of the self. I suggest that Hegel’s absolute idealism can be conceived as an approach to the ‘I’ that considers the role of acts of mutual recognition for the genesis of self-conscious thought, and that the Trinity is the Darstellung of the relational and recognitive structure of the ‘I’. (shrink)

The thesis adapts Bourdieu’s theory of hexis as a method for approaching the Baillie (Hegel/Baillie, 1910/1931) and Pinkard (Hegel/Pinkard, 2008) translations of Hegel’s Die Phänomenologie des Geistes (Hegel, 1807/1970) as embodiments of a translatorial practice informed by social and philosophical contextual factors. The theoretical concept of a translatorial hexis is analogous to Bourdieu’s habitus but differs in that the translatorial hexis embodies a specifically dominant, honour-seeking stance of the translator with regard to the micro-dynamics of the surrounding sub-fields; the translatorial (...) hexis is also embodied primarily in the detail of the text and in the peritexts to the translations. Chapters 3 and 4, which focus on the Baillie and Pinkard translations, are each divided into three sections: an analysis of the historical background to the translation in terms of interrelated Bourdieusian fields defined by rival positions vying for academic reputation; an analysis of lexical patterning identified in TT corpora with reference to the translations of two ‘dialectically ambiguous’ terms Geist [mind/spirit] and aufheben [cancel/preserve/sublate]; an analysis of peritexts to the two translations. Starting with a discussion of Hegel’s ‘dialectical ambiguity’ in chapter 1 and an elaboration of the Bourdieusian theoretical framework in chapter 2, the thesis attempts to explain the lexical findings with reference to the concept of translatorial hexis in a manner which takes philosophical and sociological factors into consideration as determinants of the translators’ strategies. The analysis focuses on the positioning of Sir James Black Baillie with regard to Absolutist and Personalist versions of British Idealism and Terry Pinkard with regard to the non-metaphysical readings of Hegel and the development of communitarian ideologies.The publication of new translations of Hegel’s works and new critical works on German Idealism suggest that a Hegel revival is in full progress. Given the centrality of translation to this phenomenon, it is appropriate that translation studies should contribute to the discussion, especially to demonstrate the value of a self-reflexive, multi-disciplinary approach which brings linguistic analysis and sociological contextualisation to bear on some of the philosophical issues at stake. (shrink)