In our post-modern cultural climate we are often told that reality is value-free. Indeed sometimes it is even said to be fact-free. Yet almost all philosophers have been deeply concerned with matters of value, in addition to their other main pre-occupation: that is the nature of truth and our knowledge of it. The question therefore arises: why should these two – good and truth – be so powerfully connected? And why should this business of value continue to exert the hold (...) on philosophers that it evidently does? (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)

I argue against a formidable interpretation of Plato’s Divided Line image according to which dianoetic correctly applies the same method as dialectic. The difference between the dianoetic and dialectic sections of the Line is not methodological, but ontological. I maintain that while this interpretation correctly identifies the mathematical method with dialectic, ( i.e. , the method of philosophy), it incorrectly identifies the mathematical method with dianoetic. Rather, Plato takes dianoetic to be a misapplication of the mathematical method by a subset (...) of practicing mathematicians. Thus, Plato’s critique of dianoetic is a not a critique of mathematics, as such, but of mathematicians. (shrink)