Though Foucault was intrigued by the possibilities of radical social transformation, he resolutely resisted the idea that such transformation could escape the effects of power and expressed caution when it came to the question of revolution. In this article we argue that in one particularly influential line of development of Foucault’s work his exemplary caution has been exaggerated in a way that weakens the political aspirations of post-Foucaldian scholarship. The site of this reduction is a complex debate over the role (...) of normativity in Foucaldian research, where it has been claimed that Foucault’s genealogical approach is unable to answer the question ‘ Why fight?’ The terms of this debate are limited by a dominant though selective interpretation of Foucault’s analytics of power, where power is understood primarily in terms of government, rather than struggle. In response we suggest that if we reconfigure power-as-government to power-as-war, this adjusts the central concern. ‘ Why fight?’ becomes replaced by the more immediate question, ‘ How fight?’ Without denying the obvious benefits of cautious scholarly work, we argue that a reconfiguration of Foucault’s analytics of power might help Foucaldian research to transcend the self-imposed ethic of political quietism that currently dominates the field. (shrink)

The so-called linguistic turn in philosophy intensified (rather than overcame) the rationalism that has haunted Western ideas about knowledge since antiquity. Orthodox accounts continue to present knowledge as a linguistic, logical quality, expressed in statements or theories that are well justified by evidence and actually true. Restating themes from the author's Knowledge and Civilization (2004a), I introduce an alternative conception of knowledge designed to overcome these propositional, discursive, logocentric presumptions. I interpret knowledge as a quality of artifacts. A surgical operation (...) or a bridge may be as good examples of knowledge as any true scientific proposition or theory. I define the quality that marks an artifact as a work of knowledge as superlative artifactual performance. To explain knowledge in these terms is not to offer a metaphysical or epistemological theory of its essence or concept. Instead, I am explaining knowledge in terms of its good, its value, the human point of caring to know. (shrink)

In this article, we review the psychology of hero development and hero worship. We propose that heroes and hero narratives fulfill important cognitive and emotional needs, including the need for wisdom, meaning, hope, inspiration, and growth. We propose a framework called the heroic leadership dynamic to explain how need-based heroism shifts over time, from our initial attraction to heroes to later retention or repudiation of heroes. Central to the HLD is idea that hero narratives fulfill both epistemic and energizing functions. (...) Hero stories provide epistemic benefits by providing scripts for prosocial action, by revealing fundamental truths about human existence, by unpacking life paradoxes, and by cultivating emotional intelligence. To energize us, heroes promote moral elevation, heal psychic wounds, inspire psychological growth, and exude charisma. We discuss the implications of our framework for theory and research on heroism, leadership processes, and positive psychology. (shrink)

Advocates of political liberalism hold it as a superior alternative to perfectionism on the grounds that it avoids superfluous and/or controversial claims in favor of a maximally-inclusive approach undergirded by a "free-standing" justification for the ideology. These assertions prove difficult to defend: political interpretations of liberalism tend to be implicitly ethnocentric; they often rely upon a number of controversial, and even empirically falsified, assumptions about rationality--and in many ways prove more parochial than their perfectionist cousins. It is possible to reform (...) political liberalism to address these challenges, but generally at the expense of the supposed normative force and universality of the liberal project. However, this para-liberal approach is much better in keeping with contemporary findings in sociology, psychology and cognitive science--and can much more effectively accommodate the illiberal challenge. (shrink)

The purpose of this paper is to reconstruct a Christian theology of “hospitality” through a critical reading of Jacques Derrida and Friedrich Nietzsche as well as through an in-depth biblical and theological reflection on the ethics of hospitality. Out of this reconstructive investigation, I propose a new Christian ethics of hospitality as a radical kind. As a new paradigm, this radical hospitality is distinguished from other types in that it is no longer conceived on the model of “gift”. The new (...) Christian ethics of hospitality is rather reconstructed on the model of “forgiveness” by critically appropriating the concept of “invisible debt” that lies between the hosting citizens and the migrants in the senses of “you owe us your presence” and “I owe you my security and success.” While the hospitality of the gift defines the relationship between the hosting citizens and the migrants as givers and givees, the new paradigm of hospitality identifies this relationship as between creditors and debtors. In this regard, a new Christian hospitality called for unto citizens of the hosting society is a radical kind that challenges them to transcend the creditor-debtor consciousness. (shrink)

In this paper, I explore a new way of understanding Christian ethics by critically interconnecting the theological meanings of the Aqedah ("binding") narrative of Mt. Moriah and the Passion story of Mt. Golgotha. Through an in-depth critical-theological investigation of the relation between these two biblical events, I argue that Christian ethics is possible not so much as a moralization or as a literalistic divine command theory, but rather as a "covenantal-existential" response to God's will in the impossible love on Mt. (...) Moriah as well as in the Son's willing embrace of God's will on Mt. Golgotha. (shrink)

The following text is an introduction to Ed Cohen’s book A Body Worth Defending: Immunity, Biopolitics and the Apotheosis of the Modern Body. Author investigates the way in which immunology influences the perception of both the human body, and political entities, demonstrating that contemporary conceptualizations of these phenomena exist in a double bind. The historical framework Cohen applies allows for tracing the history of the metaphor of immunity in politics and medicine.

Rawls saw need for non-ideal theory also within society but never developed that project. In this chapter, Card suggests that the non-ideal part of Rawls’ Law of Peoples can be a resource for thinking about responding to evils when the subject is not state-centered. It is plausible that defense against great evils other than those of aggressive states should be governed by analogues of scruples that Rawlsian well-ordered societies observe in defending themselves against outlaw states. This essay explores those hypotheses (...) in relation to women’s self-defense and mutual defense against evils of misogyny, the term feminists apply to the most deeply hostile environments of and attitudes toward women and girls and to the cruelest wrongs to them/us, regardless whether perpetrators harbor feelings of hatred. It extrapolates and adapts to this case values, concepts, and methods from Rawls’s life’s work, especially his writing on war. (shrink)

The following books have been received and many of them are available for review. Interested reviewers please contact the reviews editor: [email protected]. Adams, F. and Aizawa, K., The Bounds of C...

Several philosophers who argue that forgiveness is an important virtue also wish to maintain the moral value of retributive emotions that forgiveness is meant to overcome. As such, these accounts explicate forgiveness as an Aristotelian mean between too much resentment and too little resentment. I argue that such an account ends up making forgiveness superfluous: it turns out that the forgiving person is not praised for a greater willingness to let go of her resentment, but rather for her fairness or (...) good judgment. I conclude by arguing that the virtue of fair-mindedness is more compatible with maintaining the value of the retributive emotions than the virtue of forgiveness. (shrink)

I am called herewith a collaborator-in-chief, mountain climber, and prophet. They all arise from the writers' largesse, not facts on the ground. But I will embrace them momentarily and then turn to...

It seems uncontroversial that Buddhism is therapeutic in intent. The word ‘therapy’ is often used, however, to denote methods of treating medically defined mental illnesses, while in the Buddhist context it refers to the treatment of deep-seated dissatisfaction and confusion that, it is claimed, afflict us all. The Buddha is likened to a doctor who offers a medicine to cure the spiritual ills of the suffering world. In the Pāli scriptures, one of the epithets of the Buddha is ‘the Great (...) Physician’ and the therapeutic regimen or healing treatment is his teaching, theDhamma. This metaphor is continued in later literature, most famously in theSaddharmapuṇḍarīka Sūtra, where the Buddha is said to be like a benevolent doctor who attempts to administer appropriate medicine to his sons. In the Mahāyāna pantheon, one of the most popular of the celestial Buddhas is Bhaiṣajyaguru, the master of healing, who is believed to offer cures for both the spiritual and more mundane ailments of sentient beings. The four truths, possibly the most pervasive of all Buddhist teachings, are expressed in the form of a medical diagnosis. The first truth, that there is suffering (dukkha), is the diagnosis of the disease. The second truth, that suffering arises from a cause (or causes), seeks to identify the root source of the disease. The third truth, that suffering can be ended, is a prognosis that the disease is curable. The fourth truth describes the path to end suffering, and is the prescription of treatment. (shrink)

This paper outlines a solution to what can be called “the problem of domination by reason”, “conceptual domination” or “clarificatorory injustice”, connected with how a philosopher may appear to be in a position to legitimately coerce, by means of arguments, an interlocutor who shares with her a concept or a conceptual system to accept a philosophical characterization of a concept or whatever the concept concerns. The proposed solution is based on a particular interpretation of what Wittgenstein means by agreement in (...) his later philosophy, when he says that philosophy only states what anyone grants to it. Wittgenstein’s view and the proposed solution are characterized by their continued recognition of the value of logic and reason, truth and knowledge, as opposed to attempting to solve the problem by embracing relativism and questioning the value of the logic, reason, truth and knowledge. Relevant kind of disagreements licence no relativistic conclusions, because problems relating to them can be solved without going this far. Keywords: domination, relativism, Wittgenstein, method, agreement. (shrink)

Nietzsche on the Banishment of Supererogation by Luther and its Influence on Modern Ethical Life and Moral Theorizing. Much attention has been paid to Nietzsche’s refusal of obligation-centred moral theories (such as Kantian deontology and Utilitarian consequentialism), but little or no attention to the historical roots of such conceptions. The aim of this paper is to explore the ways Nietzsche connects the Kantian version of legal moral theory to the Lutheran Reformation, taking as its leitmotif the exclusion by Luther of (...) the so-called supererogation (the ideal of a Christian perfect life of sainthood being the most evident case) from the horizon of our ethical life (see D 88; GS 355; NL 1884, 25[271]). After establishing this historical connection, we are better positioned to understand the motivation behind his rejection of legal moral theories, particularly the Kantian version. This also allows us to shed new light on the contemporary attempts to characterize Nietzsche’s much-discussed perfectionist normative commitments. (shrink)

Existentialism is a concern about the foundation of meaning, morals, and purpose. Existentialisms arise when some foundation for these elements of being is under assault. In the past, first-wave existentialism concerned the increasingly apparent inability of religion, and religious tradition, to provide such a foundation, as typified in the writings of Kierkegaard, Dostoevsky, and Nietzsche. Second-wave existentialism, personified philosophically by Sartre, Camus, and de Beauvoir, developed in response to the inability of an overly optimistic Enlightenment vision of reason and the (...) common good to provide such a foundation. There is a third-wave existentialism, a new existentialism, developing in response to advances in the neurosciences that threaten the last vestiges of an immaterial soul or self. With the increasing explanatory and therapeutic power of neuroscience, the mind no longer stands apart from the world to serve as a foundation of meaning. This produces foundational anxiety. This collection of new essays explores the anxiety caused by this third-wave existentialism and some responses to it. It brings together some of the world’s leading philosophers, neuroscientists, cognitive scientists, and legal scholars to tackle our neuroexistentialist predicament and explore what the mind sciences can tell us about morality, love, emotion, autonomy, consciousness, selfhood, free will, moral responsibility, law, the nature of criminal punishment, meaning in life, and purpose. (shrink)

Oatley's discussion of “resentment” in Othello works with an unfortunately impoverished notion of resentment, and the narrative of emergence and unfolding that he offers suffers from it. As explicated by Bishop Butler, John Rawls, and other philosophers, resentment rests on moral claims and is to be distinguished on that basis from envy and Nietzschean ressentiment. W. H. Auden, in “The Joker in the Pack,” provides more persuasive insight into the dark destructive malicious envy that motivates Iago. Such destructive aims are (...) as characteristic of humans as “relational goals,” and must be attended to if we are to learn from literature about ourselves. (shrink)

A non-violent position drawn from the Anabaptist tradition (‘two-kingdom dualism’) is contrasted with the Christian pacifism with which that position is commonly conflated. It is argued that two-kingdom dualism more effectively leverages the philosophical and practical features of its particularly Christian character than does Christian pacifism – and that these features may have implications beyond the philosophy of religion.

The paper addresses the issue of the corporeal dimension of the learning process. The problem of the material side of education has emerged within the emancipatory education project, but, as will be argued, this was limited to a critique inspired by Marxist tradition. The perspective on the materiality of education offered by Freire’s and Illich’s works can be significantly enriched by contemporary political thought. The latter perceives materiality in its complexity, that is, as economic conditions but also as the inherent (...) needs stemming from our bodily condition. As will be demonstrated, the contemporary reflection could serve as a critique, one on the limited character of Freire’s and Illich’s emancipatory education, as well as providing ideas which might expand their project. (shrink)

Critical theory must add to its agenda “disrupt[ing] the easy passage from critique [to] its neoliberal double”, Nancy Fraser recently argued. Emancipatory movements have not only been transformed by neoliberalism. They have, “unwittingly”, provided powerful “ingredients” for the transition to neoliberalism. This essay examines Axel Honneth and Nancy Fraser’s assessment of and normative proposal for addressing the paradoxes of neoliberalism. The constraints of neoliberalism, I argue, bring into focus the structural challenge of immanent critique as understood within second and third (...) generation Critical Theory. Normative ambivalence within neoliberalism, I maintain, calls for a shift in the way that critical and justificatory practices are understood within the Frankfurt School. (shrink)

In this article, I argue that African-American philosophy emerges from a socio-existential context where persons of African descent have been faced with the absurd in the form of white racism (This paper is a substantially revised version on an earlier article. See Yancy, G. (2011). African-American Philosophy through the Lens of Socio-Existential Struggle. Philosophy & Social Criticism, Volume 37: 551–574). The concept of struggle, given the above, functions as both descriptive and heuristic vis-à-vis the meaning of African American philosophy. Expanding (...) upon Charles Mills’ concept of non-Cartesian sums, I demonstrate the inextricable link between Black lived experience, struggle, and the morphology of meta-philosophical assumptions and philosophical problems specific to African-American philosophy. Because of the philosophical pretensions of white Western philosophy, with it claims to universal truth and objective knowledge, the particularity of African-American philosophical concerns with questions of embodiment and race is often deemed ersatz or non-philosophical. In this article, I argue that whiteness as the transcendental norm is productive of a form of ignorance endemic to Western philosophical practices that are myopic and hegemonic. Finally, African-American philosophy is theorized as a gift, as a critical counter-narrative that can be deployed to fissure Western philosophy’s narcissism. (shrink)

To understand Nietzsche’s pedagogy of self-overcoming and to determine its true import for contemporary education, it is necessary to understand Nietzsche’s view of the self that is to be overcome. Nevertheless, previous interpretations of self-overcoming in the journals of the philosophy of education have lacked serious engagement with the Nietzschean self. I devote the first part of this paper to redressing this neglect and arguing for a view of the Nietzschean self as an assemblage of ontologically basic affects which have (...) been guided and modulated by the incorporation of perspectives. This interpretation has important consequences for self-overcoming, for it constrains the individual’s conscious agency to operations on perspectives. In light of this view I then advance a competing conception of self-overcoming and discuss some of the shortcomings of antecedent interpretations. Although previous interpreters have done their part to exhaust the characteristic actions of self-overcoming, I argue that they have either exaggerated the deleteriousness of social influence in the formation of the authentic individual, or else ignore it altogether. In the final part I reconsider the debate over the democratic or aristocratic nature of Nietzsche’s pedagogy of self-overcoming. Interestingly, self-overcoming cannot be labeled strictly as either, and out of this ambiguity grows the role of the school as an agent of cultural transformation. (shrink)

This paper elaborates Deleuze and Guattari’s ‘war machine’ in relation to key theses in Hegel’s political philosophy, with the aim of showing how it illuminates the conditions under which politics and political institutions as Hegel understands them both emerge and are compromised. After first introducing the idea of the war machine and its appropriation by discussing it in relation to Carl Schmitt’s theory of partisan warfare, it examines both the war machine and Hegel’s theory of the State by way of (...) a focus on Hegel’s discussions of drive (Trieb) and semblance (Schein). Regarding the first, the paper explores how both Hegel and Deleuze and Guattari conceive of social structure in terms of a structure of drives even while they differ in their understandings of the drives in relation to desire and subjectivity. Regarding the second, the paper explores how moments of semblance identified by Hegel as he develops his system of Right reveal points where the war machine can emerge from within State structures. The paper argues that the war machine concept challenges understandings of politics built on friend/enemy antagonisms and the use of external conflict to secure internal unity, the former being Schmitt’s explicit political project and the second being the place at which Hegel’s project ultimately finds itself when it fails to secure the rational structure of Ethical Life. (shrink)

This article challenges the idea that individual and collective agency require centred, fixed identities to be efficacious and meaningful. In post-foundational political thought, this idea frequently underpins an understanding of the subject as something temporarily consolidated through constitutive exclusions and a claim that political and ethical thought must negotiate the necessity for and inevitable failure of these exclusions. Against this thesis, the article presents a reading of Nietzsche’s analysis of the drives and their relation to the ego, holding that for (...) Nietzsche drives are synthesized into a complex but still dispersed assemblage that generates the illusion of unity in the form of an ego or ‘I’. For Nietzsche, the article argues, concrete agency is located in this assemblage of differences, the semblance of a centre being important in the coordination of these differences, but having no causal efficacy itself. The article concludes by examining whether Nietzsche falls into a variant of the ‘homunculus problem’ before turning to the doctrine of eternal return and showing how Nietzsche links his ethics to using the semblance of identity in order to overcome the need to link subjectivity to identity. (shrink)

In this paper, I examine Foucault’s ideas concerning the care of the self. What exactly is this ideal that Foucault describes in his last two books? Do these books represent a break or a continuation with the earlier writings on knowledge and power? Most important, I consider whether the care of the self could ever be a significant ethical ideal given some of the objections that have been raised against Foucault’s position. I also look at the care of the self (...) as the focus of Foucault’s own views on spiritual life. I argue that Foucault’s later work offers the basis for a secular or non-theistic spirituality which is especially relevant today. (shrink)

Much of feminist theory takes issue with traditional, liberal theories of consent and obligation. Though none have proposed abandoning obligation outright, there has been a general shift among feminists towards a responsibility paradigm. Responsibility models acknowledge given relationships and interdependence, and so posit responsibilities as given, regardless of whether they are voluntary. But in theories that take freedom as a principal value, a move from a socially unembedded voluntarism to socially embedded responsibility leaves something missing. Constructive accounts of and prescriptions (...) for freedom must consider the reality of social life; yet acknowledging that relations are given need not require subordinating the role of voluntarism and consent in most relationships. In this paper I offer a commitment framework that seeks to supplant obligation while also reconciling relational given-ness and voluntarism. I propose an analysis of commitment that takes relations as the starting point and then show how the concept can: 1. guide actions 2. account for responsibilities 3. enhance freedom and 4. avoid a large share of coercive forces that are believed as necessary for reinforcing obligation and responsibility fulfillment. (shrink)

This is a critical discussion of Part III of Peter Railton's recent book Facts, Values, and Norms: Essays Toward a Morality of Consequence (Cambridge University Press, 2003).

Feelings not only have a place, they also have a time. Today, one can speak of a multifaceted renaissance of feelings. This concerns philosophy itself, particularly, ethics. Every law-based morality comes up against its limits when morals cease to be only a question of legitimation and begin to be a question of motivation, since motives get no foothold without the feeling of self and feeling of the alien. As it is treated by various social theories and psychoanalysis, the self is (...) not formed through the mere acquisition or change of roles, but rather through a process that is susceptible to crises, a process shaped by affective bonds and separations. Learning, which is the theme of pedagogy, loses its hold whenever it is confronted by disinterest and listlessness. In neurobiology, the increased significance of those zones of the brain that are connected with the realization of feelings makes the brain, accordingly, no mere apparatus that processes data, but a living organ that selects and “evaluates” what is “important.” Finally, cross-cultural comparison shows the extent to which the one-sided preference for understanding and willing, which is the mark of Western rationalism, arises from a typical, not to mention a highly masculine attitude toward the world and life, as many different studies on gender difference stress (In reference to this perspective, see Seethaler, Gefühle und Urteilskraft. Ein Plädoyer für die emotionale Vernunft, 1997). The following reflections provide a historical orientation directed toward a new determination of feelings. This new determination of feelings is phenomenological and takes the pathetic character of experience, nourished by the corporeality of experience as its point of departure. (shrink)

Although seldom examined and not explained by Robert Brandom himself, the concept of responsibility is as important as the concept of inference for Brandom’s account of discursivity. Whereas ‘inference’ makes explicit the propositional content of concepts as the inferentially structured totality of their relations of material incompatibility, ‘responsibility’ makes explicit the normative force of these relations. ‘Responsibility’ thus becomes the paradigm of understanding normativity’s binding force – and my critical reading demonstrates that it fosters a moralizing, juridifying and economizing understanding (...) of normativity’s binding force. Furthermore, a diagnostic interpretation of Nietzsche’s genealogy of ‘responsibility’ reveals that Brandom’s concept of ‘responsibility’ is not an exception but exemplary for how ‘responsibility’ is used in philosophy. (shrink)

ABSTRACTThis paper argues that the contemporary international refugee regime is grounded in a paradigm of ‘homesickness’, which puts the refugee in an inferior position of the supplicant, whose subjectivity is framed by the regime of fixed belonging. In order to address this situation, we need to challenge the ontological primacy of homesickness and embrace ‘homelessness’, which offers the possibility of rethinking the positions of both refugees and non-refugees in ethical terms. While the responsibility of the non-refugees lies in cultivating an (...) ethos of hospitality, the refugee can take hold of her subjectivity through the practice of care of the self. This paper first examines Nietzsche’s thought on homelessness and compares it with Foucault’s reading of the role of anakhōrēsis in the Hellenistic practice of care of the self. It then suggests how, by building on the project of universal hospitality, we can interpret the figure of the refugee through the prism of an ethic of freedom, anchored in a posit... (shrink)

The project behind this and the following1 special issue of Angelaki first assumed concrete form in the shape of a three-day international conference, “Continental Philosophy and the Sciences,” hel...

In this paper, I consider certain remarks raised by Wittgenstein in his Lecture on Ethics in connection with the effability of absolute value. My focus is on the expressions we use to talk about the experience of wonderment at the existence of the world, which he dismisses as nonsensical owing to the way they deviate from the conditions of ordinary usage (specifically, to wonder at something, one must be able to imagine its contrary). I suggest that the concept of imagination (...) that Wittgenstein invokes cannot carry great weight as a ground for judging utterances of wonderment to be nonsense. Yet this does not seem to give one a wholly adequate defence of their sense, and I explore whether or not an invocation of the religious form of life can provide a solution, considering some of the special difficulties that this range of utterances presents within the context of questions about how the identity of separate language‐games (especially the religious) affects the sense of words. (shrink)

To date authors are unsure about Nietzsche's self-critical attitude regarding his Thus Spoke Zarathustra. While few doubt that the narrative reaches a dramatic climax at the end of its third part, the largely satirical fourth part invites to take this climax cum grano salis. I provide an interpretation of the dramatic structure of Thus Spoke Zarathustra by focusing on the tragic nature of Nietzsche's ideal of the Übermensch and the comical relief provided by part four. Accordingly, the completion at the (...) end of part three is relegated to a noble lie to assuage the tragic nature of Zarathustra's ideal. (shrink)

This paper argues that Michel Foucault explicitly rejected the model of critique by which he is often understood—by both his defenders and detractors. Rather than justifying norms that could be said to represent “the people;” judging institutions, norms, and practices accordingly; and creating programs for others to enact, he theorized and practiced an experimental social criticism in which specific intellectuals help people work through “intolerable” situations by multiplying the ways they can think about and act upon them. As Foucault’s work (...) with the prisons in France shows, one way intellectuals can be part of the experimental transformations social bodies carry out upon themselves is through genealogical work describing the ways problems have come to be identified—and can thus be transformed. This account of criticism undercuts the problem of justifying a standpoint of critique that has plagued philosophers and suggests a few concrete means of better aligning theory and practice. (shrink)

This article is a feminist intervention into the ways that disability is researched and represented in philosophy at present. Nevertheless, some of the claims that I make over the course of the article are also pertinent to the marginalization in philosophy of other areas of inquiry, including philosophy of race, feminist philosophy more broadly, indigenous philosophies, and LGBTQI philosophy. Although the discipline of philosophy largely continues to operate under the guise of neutrality, rationality, and objectivity, the institutionalized structure of the (...) discipline implicitly and explicitly promotes certain ontologies, epistemologies, and methodologies as bona fide philosophy, while casting the ontologies, epistemologies, and methodologies of marginalized philosophies as mere simulacra of allegedly fundamental ways of knowing and doing philosophy and thus rendering these marginalized philosophies more or less expendable. This article is designed to show that legitimized philosophical discourses are vital mechanisms in the problematization of disability. (shrink)

I am the LawIt is hard to imagine two more disparate characters than Judge Joseph Dredd and Hercules J—the one an over-muscular, faceless and heavily armed street judge astride a Lawmaster motorcycle who overidentifies with his role ; the other devoid of any physical presence or image, and structurally decoupled from the execution of law by a fierce determination to maintain the separation of powers and accountability which Dredd so effortlessly ignores. Hercules J is the embodiment of an intellectualised, yet (...) creative, operationalisation of law. To the academic spirit, Hercules is infinitely preferable as a model of judicial activism: his world conjures a contemplative modality, ever alert to the requirements of rights and largely aligned with the temper of the post-Enlightenment. By contrast, Dredd is the personification of the worst aspects of law-and-order as the debased and politicised manifestation of the Rule of Law. His is an intensely visceral presence, the metonymic blindness of Themis replaced by the Dredd’s fractured eyeline: blindness as a signifier of impartiality yields to blindness as a symptom of institutional rage. This article interrogates the characters, actions and values of Hercules J and Dredd J, viewed primarily through the lens of Jacques Derrida’s Force of Law, focusing on the relationship between law and violence as it is exposed in Hercules’s and Dredd’s worlds, and then turning to judicial confrontation with the aporetic: the aporias, identified by Derrida and others, that law must confront. The interrogation continues, finally contemplating the current state of law in the common law world—the world of liberal democracies, suggesting that the high point of democracy may well have passed, and that we are on a Dredd-ward trajectory. (shrink)

Ethics are, of course, a fundamental part of professional practice. There are different philosophical schools of thought relating to ethics and, although there are often degrees of overlap, they are characterized more by difference than harmony. Among these philosophical schools, one school that has received relatively little attention in the professional literature (and a waning level of interest in the philosophical literature) is that of existentialism. This article outlines some of the main points of ethical theory in the works of (...) Friedrich Nietzsche, one of the founders of existentialist thought, and Jean-Paul Sartre, the best known of the existentialist thinkers, as well as other contributors to existentialist thought. Possible developments in existentialist ethical theory since the time of Sartre are also sketched out, and these are linked to contemporary social work concerns. (shrink)

Chief Judge Achilles and Judge Hera – uniqueness of proceedings – the nature of judicial decision-making – the judicial order of Mega-city One – source of judicial power – judicial styles – qualities required for judicial office – context of judicial action – requirement of reflection – interpretation and meaning in enforcement of law – adjudicative models – law as horrific – legal theories – Hans Kelsen – Justice Hercules – Jacques DerridaJudge Howard – critical assessment of judicial order of (...) Mega-city One – Hans Kelsen, positivism and democracy – merging of law fondatrice and law conservatrice – the “soul of the law” – fracture of the Rule of Law – fascism – comparisons with fascist regimes of twentieth Century Europe – signifiers in judicial uniform – consequences of dissent – reasons for, and consequences of, resignationChief Judge AchillesJudge HeraJudgement delivered 3 March 2138.Grand Hall of Justice, Mega-city One. (shrink)

Throughout his contributions to an expanding body of scholarship on the work of Hannah Arendt, James Bernauer has maintained that the concept of amor mundi, or love of the world, is foundational in...

Contemporary American medical ethics was born during a period of social ferment, a key theme of which was the espousal of individual rights. Driven by complex cultural forces united in the effort to protect individuality and self-determined choices, an extrapolation from case law to rights of patients was accomplished under the philosophical auspices of ‘autonomy’. Autonomy has a complex history; arising in the modern period as the idea of self-governance, it received its most ambitious philosophical elaboration in Kant's moral philosophy. (...) In examining the Kantian construction, it is evident that neither his universal moral imperative nor his rigorous application of self-legislated ethical action can sustain our own notions of moral agency in a pragmatic, pluralistic society. But the Kantian position is useful in highlighting that self-governance is not equivalent to ‘autonomy’, and this distinction defines the limits of autonomy in the clinical setting. A critique of Engelhardt's idea of ‘principle of permission’ is used to illustrate autonomy's eclipse as a governing principle for medical ethics. (shrink)

Friedrich Nietzsche''s will to power, and the philosophical ediface built on this foundation, is formulated on a biologicism that is indebted to a particular post-Darwinian vision of the organism. Of the various models that attempt to formulate a comprehensive organismal biology, Nietzsche unknowingly grasped that of Elie Metchnikoff, who authored the theoretical foundation of modern immunology. Metchnikoff regarded the organism as a disharmonious entity, in constant inner strife between competing cellular activities. Immune functions were responsible for mediating harmonization, which however (...) remains an elusive ideal. This view of the organism posited an ever-changing, self-defining entity striving for self-actualization while in ceaseless inner struggle as well as in competition with the environment. The theory is no less than an epistemological response of how to establish the subject-object relation in a construct where the subject''s boundaries are dialectical and evolving. The similarity of the philosophical positions of Nietzsche and Metchnikoff regarding the Self offers rich resonance in current attempts to formulate a biomedical language appropriate to address the issues raised by these problems. (shrink)

ABSTRACTThis paper presents detailed methods for constructing a flexible philosophical–analytical model through which to apply the analytic principles of CDA for the interpretation of metaphors across policy texts. Drawing on a theoretical framing from Foucault and the augmentation of Nietzsche’s views on valuation, we sketch a framework for examining ways in which evaluative semantic categories can be linked to sociological theories in order to bring out their relevance for the purpose of critical discourse analysis. This multi-level research framework draws upon (...) a relationship between language analysis, the philosophical study of valuation, and political economy as a composite formulation of values through which neo-liberalism is discursively entwined and progressed through a system of principles of e/valuation. (shrink)

This paper argues that the phenomenon of globalisation can be best understood as the secularisation and widespread extension of a particular type of life?conduct that originated in Western monasticism. This concerns not substantive content but modality and form, like the self?sustaining methodical regularisation of the everyday conduct of life in closed and partitioned space aiming at rationalisation and perfection. This type of inner?worldly asceticism was a successful response to the challenge of chaotic ?liminal periods of transition, following a wholesale dissolution (...) of order. However, the solution represents a generalisation of liminality into a permanent condition, explaining both the innovativeness and creativity of modern societies, but also their characteristic tempo of hectic change that disrupts stable human relationships and the coexistence with animals and plants, losing balance and measure. (shrink)

This paper attempts to reassess the standard sociological canon and sketch the outlines of a new approach by bringing together a series of thinkers whose works so far have remained disconnected. Introducing a distinction between classics and background figures who were crucial sources of inspiration, it shifts emphasis to the late, reflexive works of Durkheim and Weber. These are sources for two types of reflexive sociology: historical and anthropological. The main background figures of reflexive historical sociology are Marx, Kierkegaard, Nietzsche (...) and Freud, while its protagonists include Foucault, Elias, Voegelin, Borkenau, Mumford, Ariès and Koselleck. A short introduction will be given to the four main fields of interest within the approach: the reconstructive histories of subjectivity, of forms of thought, of forms of knowledge, and of closed space and regulated time. (shrink)