The development in 1996 of a new generation of antiretroviral drugs was a major pharmaceutical advancement in the struggle against the epidemics of HIV and AIDS. However, due to high costs, access to these new drugs was almost impossible for most people living with HIV or AIDS. This situatiowhas been even more dramatic for those living with HIV/AIDS in poorer countries. Many of the organizations that are fighting for the rights of those with HIV have since developed human rights advocacy (...) and legal strategies to try to achieve universal access to treatment. These organizations are also fighting for states’ compliance with human rights obligations under health-related treatises and conventions. This paper draws upon the experience gained in Latin America, focusing on the legal strategies that have been explored in Venezuela and the legal consequences for domestic law. (shrink)

The development in 1996 of a new generation of antiretroviral drugs was a major pharmaceutical advancement in the struggle against the epidemics of HIV and AIDS. However, due to high costs, access to these new drugs was almost impossible for most people living with HIV or AIDS. This situatiowhas been even more dramatic for those living with HIV/AIDS in poorer countries. Many of the organizations that are fighting for the rights of those with HIV have since developed human rights advocacy (...) and legal strategies to try to achieve universal access to treatment. These organizations are also fighting for states’ compliance with human rights obligations under health-related treatises and conventions. This paper draws upon the experience gained in Latin America, focusing on the legal strategies that have been explored in Venezuela and the legal consequences for domestic law. (shrink)

This paper employs Foucault’s concept of “governmentality” to examine critically the efforts by medical humanists to reform the medical case. I argue that these reform efforts contribute to the individualizing dimensions of medical power through the development of a “pastoral” technique that medicine has taken over from religious authority. Clinical experiences at this NEH Institute also revealed a juridical dimension of the medical case that treats a patient’s statements as suspect and in need of corroboration by evidence provided by the (...) patient’s body. The combination of these pastoral and juridical dimensions of the case contributes to the normalizing power of modern medicine, and medical humanists need to be aware of their own contribution to this form of power as they reform the case. (shrink)

Accounts of sexual experience, sexual oppression, and sexual violation, if they are not to lend support to the problems they are invoked to address, require the foundation of a phenomenological description of the character of experience. Relying on Maurice Merleau-Ponty, I aim to provide this foundation, arguing that sexual experience is a domain not of detached, individual autonomy but of intrinsic susceptibility and exposure to the world. My description of sexual experience is intended to reveal the (...) immanent norms that sexuality projects and thereby to critique ways of inhabiting experience that disavow what is revealed in that description. The first section discerns three ambiguities that characterize our experience in Merleau-Ponty's notion of “flesh”: that between materiality and meaning, self and others, and self and world. The second section offers a phenomenology of sexual experience based on these ambiguities. The third section, on sexual oppression and suppression, identifies two stereotypical ways in which they are evaded: what I call the stances of “withdrawal from” and “control of” sexuality as flesh. Finally, the fourth section reveals the shortcomings of the legal-juridical domain in navigating our status as flesh, and warns against the proliferation of its terms, specifically the norm of consent. (shrink)

Latin American countries have slowly enacted laws decriminalizing abortion in three circumstances: Life‐threatening risk for the pregnant woman, extra‐uterine non‐viability of malformed foetus, and pregnancy due to rape or incest. Chile is one of the last countries to adopt such a law, formulated in an increasingly restrictive format. Conservative politicians and Church‐related healthcare institutions promptly announced individual and institutional conscientious objection based on the right of private facilities to obey their ideology and personal moral integrity. Juridical consultations and Constitutional Court (...) rulings allowed private hospitals to uphold their objection even if contracted to provide some public health services. Under these conditions, only a few hundred women requested and obtained a legal abortion, while an estimated 100,000 continued to depend on unsafe procedures. Bioethical debate was silenced by the unfettered drive for conscientious objection that continues to limit women’s autonomy, and fails to ease the public health scourge of massive unsafe clandestine abortions. (shrink)

The safeguarding of credit represents one of the most important economic and juridical challenges for every complex society. Just by reading the news we can realize how current this topic is for us. By thinking back over the history of ideas and the social, economic, and political reasons that got Law makers to legislate on this subject, we can better understand what’s happening today and in which direction our societies are going. An analysis of the Italian juridical system’s development on (...) bankruptcy proceedings, starting from the attitude of ancient Roman law on over-indebtedness, can effectively shine light on the current regulation, reformed in 2006. This new bankruptcy law transforms the previous public nature of bankruptcy proceedings into a prevailingly private management of enterprises’ financial problems, completely changing the course of credit policy. The “Italian way” is just one result of an international trend, the guiding lines of which can be seen throughout the whole EU and also in the regulation of the USA. This historical-comparative perspective, in all its positive and negative potentiality, is an important paradigm. The final hope is that historians can perhaps give their contribution to more conscious reflections on important topics like this one, offering to other scholars the possibility to have a wider view on this juridical phenomenon. (shrink)

In this paper I explain the impact of phenomenological philosophy in the conceptions of Luís Cabral de Mancada about law and juridical experience. Stressing that Moncada was the first scholar in Portugal who made an extensive use of phenomenological doctrines within his own field of research, I show that Husserl, Hartmann, and Scheler were the most influential thinkers for him. As a matter of fact, they had a positive impact on Moncada’s conceptions about Law, the axiological realm, the State, (...) and jusnaturalism. (shrink)

The author, with the reflection of St. Thomas as his point of departure, retrieves the central concepts of law and of nature, and with these develops a critique of modern presentations of law and of the State. In particular, relying on relationship as constitutive of human experience, he arrives at a radical critique of any concept that attributes to the State the founding role of juridical experience. In this way, overturning the thought expressed by St. Thomas, he develops (...) implicit presuppositions from it and so arrives at the total rejection of any juridical legitimation of the death penalty as the most complete expression of the effort to «remove a righ t to have rights». (shrink)

Professor Franklin shows how the humanist approach of Jean Bodin and other French jurists of the 16th century led to a break, at least in principle, with the intellectual authority of Roman law and to the attempt to reconstruct juristic science through a comparison and synthesis of all the juridical experience of the most famous states.

Beginning by offering an overview on legal aesthetic humanisms as a specific embodiment of critical discourse, and discussing the ways the recreation of juridical experience, rationality, and culture underpinning such a criticism, leaving behind monolithic views on textuality, judgment, and subjectivity, positively contributes to unsettling the main assumptions underlying typical understandings of law’s autonomy—mostly those of formal specification of juridical “sources” and “scientific” isolation of legal thought—, this paper argues that simply reproducing aesthetic heterodoxy as the epitome of a (...) humanist ‘alternative to law’, without first debating the very orthodox-heterodox binomial, ends up overlooking the discursive and methodological specificity of law, as a particular experience of practical and normative validity. In this way, it introduces, from an axiological-normative and juridically oriented standpoint, a different—jusaesthetic—argument for re-examining the relationship between law’s praxis, nomos, and community. (shrink)

All’origine della sovranità is a critical reflection on the complex and articolated sequence of events which, in the first half of the fourteenth century, brought to the crisis of Dyonisian hierarchical system and to the modern conception of sovereignty. In fact, the principle superiorem non recognoscere appears for the first time in juridical experience during the dispute about the two powers, when opponents of papal claims perceived the need to create new models of order, by which to replace the (...) hierocratic representation of the hierarchical system. After having considered the different conceptions of Dyonisian order in the late Middle Ages, the Author dwells on the two main contrasting paradigms: Marsilio’s organicism and Dante’s humanism. The first was coupled with clearly conventionalist theses, and led to the supremacy of the sovereignty principle and to a total submission of citizens to the public will; on the contrary, the second heightened persons’ capacity for self-regulation in accordance with a law that is given them with their being, and that directs them both to the beatitudo huius vite and, above all, to the beatitudo vite ecterne. Because of this contrast, through the philosophical arguments of the disputants, the problem of the relation between the two powers emerges in all its dramatic complexity. It wasn’t only a question to recognize preeminences or supremacies, autonomies or subjections, but to pronounce upon the conception itself of political community, of its ordering principle, and of its juridical shape. For this reason the alternative between Dante and Marsilio will mark out the whole subsequent juridical and political experience, up to our days. (shrink)

Starting as a scientific presentation of the phenomenon of cloning, in which etymology, the definitions and some already classical examples are emphasized, this paper actually focuses on a less discussed perspective in nowadays debates on cloning. Thus, the paper aims at showing which are (if any) the mythical-religious structures of cloning, certainly without ignoring the social consequences, the advantages and disadvantages and the juridical effects of cloning. Discussing Mircea Eliadeís novella Les trois graces, the purpose of explaining the subtle reactivation (...) of ancient mythical-religious phantasms by the means of a contemporary scientific experiment such as cloning is reached. (shrink)

Praxeologism from the napolitan institutionalist phenomenological school is discussed, in the work “Forze, leggi e poteri” by Gino Capozzi, in relation to the Italianius-philosophical tradition. The reflections of the napolitan school center on the individual and his activity, an activity that is..

Starting from a historical-juridical study of A. M. de Aldama on the origin and evolution of the reference to the teaching of Christian doctrine to pueri contained in the formula of final vows of all priests in the Society of Jesus, the author investigates the meaning of this ministry and its importance today. In an analytic section, the article traces the historical development of the ministry of education in Christian doctrine to pueri and rudes in the experience of Ignatius (...) and his first companions and in the foundational texts. The theme is treated above all in the light of some questions brought up by the historical data of the past and present. In conclusion the author seeks to reply synthetically to the questions, by showing some essential elements in the significance of the ministry of teaching Christian doctrine to children for an apostle in today's world. (shrink)

ArgumentSeeing a prodigious cure happen and then testifying about it certainly differs from attending an air pump experiment in order to bear witness to it. Yet early-modern saint-making and the “new” or “experimental philosophy” shared juridical roots, and thereby an understanding of the role of testimony for the establishment of “matters of fact” and for the production of legitimate knowledge. The reforms carried out after the Council of Trent, especially during Urban VIII's pontificate, of the juridical procedures for saint-making in (...) the Catholic Church implied a new attitude towards the examination of proposed miracles. Most of these miracles were healings. While the appeal to medical expertise had long been common, and skepticism had often manifested itself regarding cures or extraordinary bodily phenomena, both were now given formal status. Miracle inquests henceforth leaned towards refuting miraculousness by means of natural explanations. The procedure was systematized in a treatise published in the 1730s by Prospero Lambertini. The combination of Lambertini's work with the canonization causes in which he acted as the “devil's advocate” in charge of disputing arguments favorable to a sainthood candidate allows for a reconstruction of the interplay between the juridical and scientific economies of saint-making, and of the role of testimony in the production of trust and evidence. (shrink)

The following considerations do not take their point of departure in legal logic, legal pragmatics, or in the critique of law but rather in the genesis of law, its emergence, and its place in actual experience. In particular, I would like to look at law as a special form of order and ordering power. Reference to “the law” can only be provisional, as it concerns a variable term that also changes in its linguistic designations.I will concentrate on the pre-juridical (...) and supra-juridical aspects of legal practice itself. Accordingly, although the law will not hereinafter be the object of an inquiry from an external point of view, I assume that legal thinking, as all thinking that takes place in determinate orders, has its own peculiar outside.Here I follow Foucault’s injunction concerning a penser du dehors. Close scrutiny of the internal/external difference opens up critical perspectives that spring from “the very core of law.” In general, the following pages take their cue from the responsively oriented and ‘pathically’ grounded phenomenology I have developed hitherto. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:From the Sacrifice of the Letter to the Voice of TestimonyGiorgio Agamben’s Fulfillment of MetaphysicsJeffrey S. Librett (bio)By denying us the limit of the Limitless, the death of God leads to an experience in which nothing may again announce the exteriority of being, and consequently to an experience which is interior and sovereign. But such an experience, for which the death of God is an explosive (...) reality, discloses as its own secret and clarification, its intrinsic finitude, the limitless reign of the Limit, and the emptiness of those excesses in which it spends itself and where it is found wanting.—Michel Foucault, “Preface to Transgression”Can there be a discourse that, without being a metalanguage or sinking into the unsayable, says language itself and exposes its limits?—Giorgio Agamben, “The Idea of Language”I shall not rest until every German sees that it is a shameful thing to be a lawyer.—Adolf Hitler, speech before theReichstag, April 26, 1942From his early works on, Giorgio Agamben has opposed the thought of no contemporary philosopher more consistently and programmatically than that of Jacques Derrida, whose questioning of phonocentric metaphysics Agamben has tried to replace by a characterization of metaphysics as (what I am calling here) graphocentric. To go back behind the replacement of the voice by the letter is for Agamben to recover the event of language itself, the taking-place of language as Being.1 In his conceptualization of the project for such a recovery, as we shall see, Agamben’s commitment to Heidegger’s fundamental ontology is overdetermined by his investment in the Christian God as logos.This philosophical program in Agamben’s early essays guides his later work on the homo sacer-sovereign relation but also distorts and disturbs the later work in three principal ways. First, it prompts him to propose an exclusively juridicopolitical understanding of the sacredness of the homo sacer, effectively scapegoating the juridical sphere for a more broadly theopolitical problem, while placing the specifically Christian background [End Page 11] of his antinomianism in a misleadingly secular, rational, and universalist light. Symptomatically, in order to accomplish this juridicopolitical reduction Agamben must reject Bataille’s analysis of sacrifice—along with the entire modern anthropological reading of the sacred—out of hand. For this rejection protects his discourse against any sustained confrontation with the importance of the sacrificial dimension for both what he calls the homo sacer and his own approach to law in his theorization of the homo sacer..Second, Agamben’s philosophical program impoverishes the account he provides of the Nazi death camps as an extreme example of the sovereign-homo sacer relation by making it impossible for him to appreciate the importance of Christian antinomianism in the formation of National Socialist ideology. For Agamben’s philosophical orientation requires or presupposes that he ignore or underestimate, first of all, the sacrificially anti-Semitic dimension of Christian antinomianism—the tendency of such antinomianism to make Judaism responsible for the ontological desert into which representation exiles us all. Further, as a consequence of his continuing commitment to this tradition, Agamben cannot see how important the tradition remains, even if in a displaced form, for Nazi anti-Semitism. I argue that Agamben’s animus against the letter blinds him to the Christian and sacrificial dimensions of the Holocaust—he ignores the former and explicitly, emphatically denies the latter dimension—because this animus represents his own commitment to the Christian antinomianism that, in its racialized National Socialist form, attempts to rid itself of the letter by sacrificing not only Judaism but the (biologically, racially construed) Jews. Because his radically antinomian program would become unsettled by his recognition of its important overlap with the ideological bases of National Socialism, Agamben cannot ultimately acknowledge the Christian and sacrificial aspects of the Holocaust.Finally, in Remnants of Auschwitz—his main reading (outside of Homo Sacer) of the significance of the Nazi death camps—Agamben positions “testimony” as the exemplary instance of the speaking of speech, the taking-place of language. The result of the destruction of European Jewry becomes here the revelation of poetic speech as a manifestation of the absolute. Unwittingly, Agamben ends up participating in... (shrink)

The aim of this paper is to say something about the continuing impact of the Holocaust as an historical event through the application of aspects of Arendt's political thought and, at the same time, to say something about Arendt's distinctive understanding of the problems of post-Holocaust culture. An aim of this sort carries the intrinsic danger that the event in question becomes simply an illustration or grist to a particularinterpretative mill, an outcome that would be particularly undesirable here if it (...) afforded the Nazi Holocaust merely exemplary status. However, the danger may be easier to avoid in this case than in many due to a particular aspect of Arendt's thought itself. She places consistent emphasis upon the importance of the unprecedented event, the eventthat even with hindsight carries a sense of complete improbability and which changes the world and how we think about it. Arendt usually has in mind here ''positive'' political events such as acts of foundation but I want to suggest that implicitly her thought can also accommodate the notion of the Holocaust as an unprecedented ''negative''; an event that persists in its impact not because, like foundational acts, it establishes a self-reproducing arena of action and judgment, but because it insinuates a self-reproducing form of ruin. Arendt would have been sympathetic, I think, to Yehuda Bauer's description of the Holocaust as an ''upside-down miracle.''1 Undoubtedly, she regarded the Holocaust as having a symbolic significance, representing the apotheosis of the experience of modernity. The destruction of the personality in its juridical, moral and political forms enacted as a principle the superfluousness of mankind already present in the experience of modern mass society, where the vital distinction between freedom and necessity is obscured as social life fallsincreasingly under the rule of impersonal processes.2 This symbolic rendering aside, however, implicit in Arendt's thoughts on the political conditions of cognition, is an available sense of a continuing, more than symbolic significance attaching to the Holocaust as an unprecedented negative occurrence which changed things for good. Equally, and by the same token, bringing Arendt's thought to bear here will reveal an acute sense of the irreversible novelty of the contemporary, post-Holocaust situation and of the unprecedented cultural and political predicament it involves: the internal relation she posits between human plurality and cognitive certification illuminates the sense in which events involving the emasculation of plurality, and a consequent erosion of the basis of cognition, create problematic legacies for the historical imagination and in turn pose a continuing threat to freedom. I will suggest that Arendt's political thought is self-consciously located within, and structured by, this situation. It has been argued that the Holocaust represents an ''unmasterable'' episode; that it resists proper comprehension or analysis. There may be good reasons for thinking that in some sense this is true. Some critics of this view have taken it to imply that we cannot learn anything from the Holocaust as an historical event.3 In fact, I will argue, Arendt's approach delivers a sense in which this ''unmasterable'' event may carry a particular kind of significance and establishes a particular kind of point to attempts at Holocaust remembrance. At issue throughout will be the Arendtian conception of judgment. I shall suggest that what is at stake is the possibility of judgment and that this implicates the possibility of culture. I will begin by looking at some symptoms of what I take to be the problem of the Holocaust as an historical event, as an object for historical memory, and at how these may be generalised in a way which invites an Arendtian commentary. (shrink)

For Hegel, personhood is developed primarily through the possession, ownership, and exchange of property. Property is crucial for individuals to experience freedom as persons and for the existence of Sittlichkeit, or ethical life within a community. The free exchange of property serves to develop individual personalities by mediating our intersubjectivity between one another, whereby we share another’s subjective experience of the object by recognizing their will in it and respecting their ownership of it. This free exchange is grounded (...) the abstract right to property which is defined by the liberal institution of private property. Like all legal/juridical rights, the abstract property right and its related institution are productions of the state, which can also claim priority over them. This prioritization reveals the dialectic inherent in the both the conception and exercise of the right, in which the private right to property at the level of civil society confronts the public right of the state, resulting in both the preservation and uplifting of the right, and, at the same time, its cancellation or annihilation. (shrink)

In _The Long Emancipation_ Rinaldo Walcott posits that Black people globally live in the time of emancipation and that emancipation is definitely not freedom. Taking examples from across the globe, he argues that wherever Black people have been emancipated from slavery and colonization, a potential freedom has been thwarted. Walcott names this condition the long emancipation—the ongoing interdiction of potential Black freedom and the continuation of the juridical and legislative status of Black nonbeing. Stating that Black people have yet to (...) experience freedom, Walcott shows that being Black in the world is to exist in the time of emancipation in which Black people must constantly fashion alternate conceptions of freedom and reality through expressive culture. Given that Black unfreedom lies at the center of the making of the modern world, the attainment of freedom for Black people, Walcott contends, will transform the human experience worldwide. With _The Long Emancipation_, Walcott offers a new humanism that begins by acknowledging that present conceptions of what it means to be human do not currently include Black people. (shrink)

Assaulting Hannah Arendt: the banality of criticism -- Hannah and Heidegger: once more into the tangled web of emotions and politics -- Hannah Arendt: juridical critic of totalitarianism -- Totalitarian visions of the good society -- The revolutionary experience in France and America -- Making political philosophy -- Open societies and free minds -- Hannah's choice: social science or political philosophy -- Beyond totalitarianism: Hannah Arendt as radical conservative.

In lieu of an abstract, here is a brief excerpt of the content:diacritics 35.1 (2005) 119-135MuseSearchJournalsThis JournalContents[Access article in PDF]Evaluating Klossowski's Le BaphometIan JamesLiterature, under historical conditions which are not simply linguistic, has come to occupy a place which is always open to a kind of subversive juridicity. [...] This subversive juridicity supposes that self-identity is never assured or reassuring.—Jacques Derrida, "Préjugés: Devant la loi"The ControversyOn 14 June 1965, Roger Caillois resigned from the jury of the prestigious Prix des Critiques. (...) His resignation was provoked by the majority decision of the jury to award the critics' prize that year to Klossowski's final novel, Le Baphomet.1 Le Baphomet, a singular, Walter Scott-inspired tale about the Knights Templar, is set, initially at least, at the beginning of the fourteenth century just before the dissolution of the Templar Order at the behest of the then French king, Philippe Le Bel. After the historical prologue the action is transferred to a seemingly atemporal sphere, where the disembodied souls of the former Knights Templar await the moment when the Last Judgment will be pronounced and they will be reunited once more with their earthly bodies. The setting, tone, and style are at first gothic, but with the appearance of the disembodied spirit of Saint Teresa of Avila baroque elements begin to dominate and to mix with evocations of Masonic and esoteric ritual, Gnostic heresy, and theological but also philosophical discussion. These are accompanied by the appearance of Philippe le Bel himself and the figure of Friedrich Nietzsche, the "Antichrist," initially in the form of an anteater. With its unorthodox and often archaic vocabulary and syntax and, after the historical prologue, its discontinuous and fantastical narrative presentation, in which the boundaries between persons and identities appear permeable and insecure, Le Baphomet engages the reader in a textual experience that can be both baffling and obscure. It is also a work that can appear to lack any intellectual or formal coherence, one whose multiplicity and evident complexity may seem to promise rich possibilities of interpretation and literary value but whose narrative disorder and stylistic singularity can ultimately leave the reader frustrated with the sense of having been exposed to something of a literary mess.This, at least, was the view of Roger Caillois when he resigned in protest at the decision of the Prix des Critiques jury to confer its honor on Klossowski's novel. Caillois was himself a singular writer whose work can be situated at the intersection of a [End Page 119][Begin Page 120]number of disciplines, including mythology, sociology, aesthetics, biology, and literary criticism. He had known Klossowski since 1936, when they collaborated along with Georges Bataille and others in the antifascist avant-garde grouping Contre-Attaque and then later, again with Bataille, on the review Acéphale and in the Collège de sociologie.2 Defending his resignation from the Prix des Critiques jury a few days after the event, Caillois published an article in Le Monde in which he drew attention to what he saw as Le Baphomet's primary weakness: its poor formal organization and in particular what he perceived as its stylistic insufficiency and grammatical inaccuracy.3 Perhaps with the desire to avoid accusations of prudery or Puritanism he denied that the content of the work was the cause of his disapproval. The infatuation of certain Knights Templar with an adolescent page, Ogier de Beaséant, oblique references to possible acts of sodomy, together with the stylized description of scenes involving mutilation, penetration, and ejaculation are all elements of the narrative. On the content of the work Caillois writes: "Some may see in this a novelistic exposé of an original and subtle theology, others only mystico-pederastic rubbish. For a literary prize I hold solely to the literary value of a work." According to Caillois the content of such a work may be interesting or absurd depending on one's tastes but has nothing to do with its literary value. The invocation of literary value, here, necessarily implies a set of criteria for the judgment of the standing of a work... (shrink)

A nation is not a creation of the brain but a collective experience. It does not equal the sum of the individuals that compose it but transcends that sum like a global personality that is not only juridical (although there once was a “League of Nations”) but also moral in the highest sense of the word.We may ask ourselves if liberty is indetermination, nonalienation and autonomy in its accomplishment; if it is congenial in the genetic code of the nation (...) for its entire existence or, on the contrary, if there is not a sort of dialectic, that is, historic, aleatory and problematic relationship between these two realities. In fact, there is danger in the desire to find a similarity, even by analogy, between the life of nations and a biological process. The nation is a historical phenomenon appearing through a chain of circumstances in 19th-century Europe, theorized by Europe and often born elsewhere as a reaction to European imperialism. The Nation is largely a bourgeois idea and reality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.2 (2002) 397-404 [Access article in PDF] The Sexist Sublime in Sade and Lyotard Caroline Weber In this case the masculine returns to haunt the place of the feminine like a ghost...., bloody and inhuman, in order to manifest and to root unforgettably in us the idea of a perpetual conflict and a spasm in which life is constantly being cut short. Antonin Artaud, The Theater (...) and Its Double"VIOLENCE," JEAN-FRANÇOIS LYOTARD ASSERTS in a recent article on Kantian aesthetics, "is necessary to the sublime." 1 More precisely, the sublime, held to transport an individual beyond his or her "ordinary" register of aesthetic responses, may do violence to a person's faculty of imagination, by shattering the accepted limits of sensory experience. Lyotard explains: In the sublime, the imagination must be subjected to violence, because it is by way of its suffering, the mediation of its violation, that the joy of seeing—or almost seeing—the law can be obtained.... This "joy" [here Lyotard cites The Critique of Judgment] "is only possible by the mediation of pain." 2Indeed, students of Kant's work have long been familiar with the exclusion of sentiment, pathos, and personal interest that he posits as a requirement for exalted status in the aesthetic and the moral sphere. For Kant, the law is precisely about the painful suppression of pleasure-seeking impulses for the sake of a disinterested, higher good. To achieve the transcendental perfection of the law, typically understood to be the domain of God alone, one must, godlike, overcome the [End Page 397] limitations of human nature and human feeling. And this effort—of which the Passion is just one vivid example—can be extraordinarily painful. In this context, Lyotard's formulation of the problem may not strike us as particularly startling. In contending that the Kantian experience of the sublime requires the mediation of pain, the French poststructuralist appears simply to be reminding us that the law, whether aesthetic or moral in nature, always demands some sort of discomfort, some kind of sacrifice.We might be more inclined to accept this last statement if Lyotard's own work hadn't already taught us to think otherwise. For as he demonstrates admirably in The Differend, his 1983 meditation on testimony and the Holocaust, there is always a winner and a loser under the law; its attendant pains are always selectively applied. From a discursive point of view, this asymmetrical relationship manifests itself in a differend, a situation where two parties find themselves in dispute, and "the 'regulation' of the conflict that opposes them is done in the idiom of one of the parties, while the wrong suffered by the other is not signified in that idiom." 3 According to Lyotard, the suffering of the Jews at the hands of the Nazis exemplifies this pattern. In a strict juridical sense, any attempted protests by concentration camp prisoners had no meaning, and no right to mean anything, in Third Reich Germany: In the differend, something "asks" to be put into phrases, and suffers from the wrong (tort) of not being able to be put into phrases right away. This is when the human beings who thought they could use language as an instrument of communication learn through the feeling of pain... to recognize that what remains to be phrased exceeds what they can presently phrase.... 4Here Lyotard reveals that an encounter with the law, mediated by pain, inevitably creates injustices and wronged parties. In this paper, I will draw on this insight from The Differend to point up the ethical deficiencies or torts inherent in his own ruminations on the Kantian sublime—and in those of another philosopher whose thinking closely resembles Lyotard's on the subject, the notorious Marquis de Sade. To limit the scope of my inquiry, I shall focus in this brief essay on the differend to which each thinker's writings subject the figure of the mother.For Lyotard and Sade alike, the mother represents first and foremost the capacity to reproduce. With this capacity... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionMarc Redfield (bio)In recent years, and particularly in the United States, the concept of addiction has come to operate as one of those rhetorical switching points through which practically any discourse or practice or experience can be compelled to pass. As Eve Sedgwick points out in a well-known essay, one can, in contemporary parlance, claim to be addicted not just to illegal or dangerous substances, but also to (...) forms of activity or consumption—work, eating, exercise—that constitute officially approved ways to pursue happiness in middle-class society. It would seem that what matters is not the self’s particular wishes or activities, but the integrity of its will or being. “We do not object to the drug user’s pleasure per se,” Jacques Derrida comments, “but to a pleasure taken in an experience without truth” [236]. Sedgwick, for her part, suggests that “so long as ‘free will’ has been hypostatized and charged with ethical value, for just so long has an equally hypostatized ‘compulsion’ had to be available as a counterstructure always internal to it, always requiring to be ejected from it” [133–34]. The thought of addiction thus spreads to the point of infecting the founding tropes of Western philosophy. The logos becomes hooked on itself: always already it becomes the pharmakon, the remedy that poisons.Yet as Derrida, Sedgwick, and many other critics have also pointed out, the notion of addiction is in certain crucial respects a nineteenth- and twentieth-century invention. Though inscribed within a sequence of representations of human agency that goes back to the Odyssey, the “addict” as such becomes possible only within a political and medico-social regime capable of rewriting identity as pathology. (Hence, in part, the persistent overlap between the addict and the “homosexual” in twentieth-century Western culture.) This is also to say that the addict emerges as part of the development of consumer capitalism, disciplinary society, and the modern state. Like the question of technology from which it is inseparable, the thought of addiction returns us to the West’s most ancient topics and texts only to confront us with some of the most prosaic, specific, and in certain cases disastrous characteristics of our own modernity. 1When addiction is at issue, in other words, metaphysical complications acquire empirical importance. Like “diction” or “dictation,” the term “addiction” derives from the Latin dicere (“say, relate”), which returns to the Greek deiknunai, “show, point out, bring to light”; in Roman law, however, the word addicere had the more prosaic job of signifying a giving or binding-over of something or someone by sentence of a court: the assignation of slave to master, debtor to creditor. The modern recasting of addiction as pathology has occurred as a massive institutional and sociohistorical articulation of [End Page 3] metaphysical values, tensions, and contradictions. In what Mark Seltzer has termed “machine culture,” the figure of the addict channels anxieties about the uncertain differences between machines and bodies; about the “nature” of technology; about the ways in which identities and desires get produced within a consumer economy that represents subjectivity both as inalienably natural and as compulsively iterative and artificial. In such contexts, as Seltzer shows, seemingly abstract paradoxes, such as the psychoanalytic notion of primal identification—where the subject forecloses and reiterates the act of mimesis that enables it to be (other than) itself—can no longer be dismissed as merely “theoretical” figures: they bleed irretrievably into sociohistorical reality. The subject is always already the addicted subject, ready at any moment to become the “addict”; the addict, in turn, becomes a (medical and juridical) “case” or case history only by becoming a frightening, alluring mirror image of the normative subject of consumer society.The discourse of addiction not only disciplines and deconstructs the subject of consumerism; as enacted in drug policies and politics, this discourse has violently reshaped the day-to-day operations of local governments and societies and left its mark on the global economies of the new world order. Hong Kong, the earliest drug spoil of the British Empire, may have returned to China, but the postcolonial world remains more hooked than ever on narcopolitics. From the vertically integrated cocaine... (shrink)

Kant maintains that retribution is the only morally sound justification for criminal punishment. He claims that all just criminal punishment must conform to the “principle of equality,” an inflexible juridical rule which takes the form of a categorical imperative. Focusing on his further claim that the principle of equality establishes that capital punishment is the only suitable punishment for murder, I question Kant’s contention that the principle of equality is a categorical imperative. Following two lines of inquiry drawing upon the (...) nature of a categorical imperative, I suggest that the principle of equality is a principle conditioned by experience, a hypothetical imperative which Kant only shows to be consistent with, not necessarily mandated by, the idea of a just civil state. (shrink)

This piece, included in the drift special issue of continent., was created as one step in a thread of inquiry. While each of the contributions to drift stand on their own, the project was an attempt to follow a line of theoretical inquiry as it passed through time and the postal service from October 2012 until May 2013. This issue hosts two threads: between space & place and between intention & attention. The editors recommend that to experience the drifiting (...) thought that attention be paid to the contributions as they entered into conversation one after another. This particular piece is from the BETWEEN SPACE & PLACE thread: April Vannini, Those Between the Common * Laura Dean & Jesse McClelland, Ballard: A Portrait of Placemaking * Amara Hark Weber, Crossroad * Isaac Linder & Berit Soli-Holt, The Call of the Wild: Terror Modulations * Ashley D. Hairston, Momma taught us to keep a clean house * Sean Smith, The Garage * * * * Instead of beginning with radical doubt, we start from naiveté. —Graham Harman, The Quadruple Object Deep in the forest a call was sounding, and as often as he heard this call, mysteriously thrilling and luring, he felt compelled to turn his back upon the fire and the beaten earth around it, and to plunge into the forest, and on and on, he knew not where or why; nor did he wonder where or why, the call sounding imperiously, deep in the forest. —Jack London, The Call of the Wild The figure of the feral remains a perpetual enigma, but the parameters remain relatively consistent. A person, usually a child, enters civilization after having been raised by wolves or kept in some kind of cruel captivity. The outsider perspective on domestication ensuing in an edge of a culture's self-recognition of its clumsier attributes, what has been taken for granted becomes apparent, is brought to the foreground with the stranger and made questionable. Amusement follows naïve questions or observations such as Kaspar Hauser in the Herzog film, The Enigma of Kaspar Hauser, when Kaspar notes that while in his room he is engulfed by it, but when he looks at the tower he can turn away and it disappears. Ergo, the room is larger than the tower. How entertaining. The aberrant one destabilizes the comforting cultural normative. Places become seen as mere impressions out of space, a patterning, a rut that not everyone lives in like us. This is one figure of the feral. The naiveté that begs all the questions. As a figure for a certain philosophical disposition, the rapidity of one’s saccade scans the environment, intuits it’s space, not from an initial thaumazein or a Critchlean sense of disappointment, but from a child-like naiveté bent on survival. To serve the naïve is merely one form of critique, and it is not nearly used enough in lieu of the critique that provides answers. How dull. It is not necessary to be an outsider to entrench a critique with naiveté. After having forced to suffer in the most parched and rocky terror, itself for so long rooted upwards of fifty feet into the ground upon which it grows, even a grapevine can spontaneously produce a white grape on a red vine. The curious feral can arise from within, and like pinot grigio, it adds variety without admonishing its roots. There is also the feral dog. Not raised by wolves, but humans. Founded in place the figure of this feral denies this place. The trajectory of this feral roves from the cultivated to uncultivated, or in speaking of plants from controlled to volunteer, finding the necessary nutrients and survival patterns on its own. Finding other places, reaching out into space testing its fertility. And when introduced into a foreign environment, it withers or flourishes. We would like to attempt a thesis at this juncture and to accept neither feral figure in its entirety, but to argue for the intimate conjunction between a cultivated place and its resonance with the space it procures for its nest and kin. I'm not a biter, I'm a writer for myself and others. —Jay-Z, What More Can I Say? I am writing for myself and strangers. This is the only way that I can do it. Everybody is a real one to me, everybody is like some one else too to me. No one of them that I know can want to know it and so I write for myself and strangers. —Gertrude Stein, The Making of Americans There is no subjective disposition outlining an unambiguous individual of the para-academy. There is no para-academic. We all have day jobs. 'Para-academic' seeped through the cracks as an adjective in the call to frame publishing dedicated to the critical rigor expected by academic publishing, but to deny the limitations of guarded legitimation through capital means. Open-access holds hands with this parasitic descriptor. Para-academic publishing's refusal to adhere to the valuation of locked access of a site, the site “of a desperate initiation to the empty form of value,” 1 seeks to recognize not merely an inclusive interpretation of significance, but the significance of thinking practice. The practice inside the paywalls of academic 'education' is held in a deathgrip by its infatuation with value and information, both empty without the apprehension of human experience, the barbaric yawp. “I can't breathe in here.” It is not that a para-academic practice leads one to the childish wonder of Kaspar Hauser who wonders about the spatiality of his room. It is the academic legitimation that distorts that one can hold the understanding of both in a constellation of place and space. Led to believe there is only a place for things, we are led to disillusionment. It is also not that a para-academic practice relinquishes itself to the invasive growth outside of careful cultivation, an abandonment of pleasantries for the toothy growl of a predator. It is the academy's fear that thought does not require capital to signify value. Some of the most nutritious meals can be foraged. Defining a para-academic practice is not outlining a place of accreditation of the practice, it is the recognition that any place is subject to modulation by the space it inhabits as well as creates. The para-academic practice keeps an eye of the creation of spaces, follows those paths that eat themselves in the name of academia. This is not unlike Red Peter's report to the academy, only successful if we report in idle idiosyncratic banalities that we have once again become victorious in our acculturation and nullification within the confines of accredited mush and our trajectory of wild rigor is defeated in our desire for recognition as recognizable in this place. Weeds are integral to the functioning of a large ecosystem. The manicured garden is entirely reliant on its keeper. The pansy can also go wild once neglected, the daisy definitely does.... a universe comes into being when a space is severed or taken apart. The skin of a living organism cuts off an outside from an inside. So does the circumference of a circle in a plane. By tracing the way we represent such a severance, we can begin to reconstruct, with an accuracy and coverage that appear almost uncanny, the basic forms underlying linguistic, mathematical, physical, and biological science, and can begin to see how the familiar laws of our own experience follow from the original act of severance. The act is itself already remembered, even if unconsciously, as our first attempt to distinguish different things in a world where, in the first place, the boundaries can be drawn anywhere we please. At this stage the universe cannot be distinguished from how we act upon it, and the world may seem like shifting sand beneath our feet. —George Spencer-Brown, Laws of Form Two edges are created: an obedient, conformist, plagiarizing edge, and another edge, mobile, blank, which is never anything but the site of its effect: the place where the death of language is glimpsed. These two edges, the compromise they bring about, are necessary. —Roland Barthes, The Pleasure of the Text Between these two epigraphs, interminable questions of where and questions of happening, gesture, and interface. To stay buoyed between a site of visible happening and haptic perspicacity. Bounded by one or the other leads to a desiccation of potential knowledge. The tumbleweed tumbles until met with mud, a bare structure moving but not movement. A tumbleweed tumbleweeds, propagates only at a place. It becomes significant again, continues. Significance, the site where meaning is made known through kinesthetic apprehension. 2 The feral founds a gestural horizon; an outsider’s scrawl-becoming-law; Deleuze teaching Meno’s dog geometry. Place as marked, outlined, recognized, territorialized. The academies marked by their peculiar disciplines, outlined by their rigid boundaries, recognized as factories of value. This far from ensures complete purchase on the space of thought, but it has made an undeniably elaborate means of making work significant. The academy is a muddy spot, it is fertile, but its gates are high and its dogs are barking. The coordinates of concept and experience. Already claimed by a stabilizing suspension, the terms enter specificity of ‘this is this’. Another correlation: activity and the individual. The individual, a placeholder in the crosshairs of juridical identification. Activity, what expands and surrounds this location, but utterly indebted to the node of “one who”. What's happening in this oscillation of nature and nurture is practice. Practice, as Stengers tells us “is not the activity of an individual or the product of that activity. It is the ingredient without which neither that activity nor this product would exist as such.” 3 Moving outward from our own honing, we're curious about the ingredient creating the place for holding conceptual and experiential engagements in each hand. And we'd like to argue that this place is not a limiting specification, but a practice undulating daily, by the minute. And we call this practice the para-academic practice. I repeat: there was no attraction for me in imitating human beings; I imitated them because I needed a way out, and for no other reason. —Franz Kafka, A Report to an Academy In order to exist, man must rebel, but rebellion must respect the limit it discovers in itself—a limit where minds meet and, in meeting, begin to exist. — Albert Camus, The Rebel Anyone is a para-academic or practicer of such means. The academic can, and we argue should, be active para-academically, to escape the bounds, recognizing no site specific place as a place to rest on or the place to grab the Kafka's top and wonder at its disobedience not to continue. Yet, the para-academic practice must maintain the desire for rigor in scholarship. Indeed desiring past itself to claim a more naïve rigor, one that does not take its form for granted. Without a para-academic practice, the scholar spends half the time merely working on behalf of a hierarchy, to maintain it, and the other measly amounts of time are in the name of thinking, but only in name. Not to mention the amount of debt it takes to attend the halls of higher education. Not to mention the snoring tenures. Not to mention the barely scraping by adjuncts. Not to mention the materials that shake the very force of producible theory. Not to mention when swimming in texts becomes slogging through data. Academia is a barbaric food chain and it is our claim that there is, as always, an imperative for thought to move, with Heidegger, beyond the logics of calculation and planning, to a time of its own. The path, into the panic of the dark wood of this space can be followed by any; any who let the silence and the rigor enter the play. Where the little theater is larger when inhabited ; where the data of the tutor asymptotically refutes; and where, as much as one wouldn’t expect it here, ballet may turn out to be the most feral of forms… NOTES Jean Baudrillard, “Value's Last Tango” Simulacra and Simulation trans. Sheila Faria Glaser,. “What is significance? It is meaning, insofar as it is sensually produced.” Roland Barthes in The Pleasure of the Text. Isabelle Stengers, “The Science Wars” Cosmopolitics I trans. Robert Bononno, 47. (shrink)

The last decades of research have consistently found strong associations between divorce and adverse health outcomes among adults. However, limitations of a majority of this research include lack of “real-time” research, i.e., research employing data collected very shortly after juridical divorce where little or no separation periods have been effectuated, research employing thoroughly validated and population-normed measures against which study results can be compared, and research including a comprehensive array of previously researched sociodemographic- and divorce-related variables. The current cross-sectional study, (...) including 1,856 recently divorced Danes, was designed to bridge these important gaps in the literature. Mental and physical health were measured using the Short Form 36 -2. Analyses included correlational analyses, t-test comparisons, and hierarchical multiple regression analyses. The study found that the health-related quality of life of Danish divorcees was significantly worse than the comparative background population immediately following divorce. Across gender, higher levels of divorce conflict were found to predict worse mental health, and worse physical health for women, even when controlling for other socio-demographic variables and divorce characteristics. Among men, lower age and higher income predicted better physical health, while more children, more previous divorces, participant divorce initiation, new partner status, and lower levels of divorce conflict predicted better mental health. Among women, higher income, fewer previous divorces, new partner status, and lower levels of divorce conflict predicted better physical health while higher income, participant divorce initiation, new partner status, and lower levels of divorce conflict predicted better mental health. The findings underscore the relevance of providing assistance to divorcees who experience higher levels of divorce conflict immediately following divorce, in seeking to reduce potential long-term negative health effects of divorce. (shrink)

Expert knowledge - a concept associated with Ryle’s distinction of knowledgethat and knowledge-how - functions in distinct areas of knowledge and social expertise. Consisting of both propositional and procedural knowledge, expertise is performative in its essence. It depends not only on expert’s experience and cognitive competences, but also on his or her social and institutional position. The paper considers the role of heuristic and intuitional abilities, including particular experts’ cognitive biases, as the vital and indispensable part of expertise. On (...) the basis of selected managerial and juridical examples it analyzes the epistemological issues: the autonomy versus dependence of expert knowledge as well as the influence of social-cognitive circumstances on expertise. (shrink)

One of the richest sources available to critics and historians interested in the history of subjectivity in late-medieval Europe is the large body of works surrounding the sacrament of penance. These texts are of interest not simply because of their number and evident popularity, but because of the central role they played in the relationship between the church's spiritual, ethical, and juridical authority and the everyday conduct and experience of medieval people. As penance gained increasing theological and institutional importance (...) during the thirteenth and fourteenth centuries, the church became increasingly concerned with the need to cultivate a penitential perspective on the territory of human action in everyone, layfolk as well as religious; and as confession in particular became an increasingly central feature of late-medieval ethical practice, the need was seen as well to develop the skills of ethical reflection and psychological analysis necessary for productive work in the confessional. (shrink)

Gottfried Wilhelm Leibniz was a man of extraordinary intellectual creativity who lived an exceptionally rich and varied intellectual life in troubled times. More than anything else, he was a man who wanted to improve the life of his fellow human beings through the advancement of all the sciences and the establishment of a stable and just political order. In this Very Short Introduction Maria Rosa Antognazza outlines the central features of Leibniz's philosophy in the context of his overarching intellectual vision (...) and aspirations. Against the backdrop of Leibniz's encompassing scientific ambitions, she introduces the fundamental principles of Leibniz's thought, as well as his theory of truth and theory of knowledge. Exploring Leibniz's contributions to logic, mathematics, physics, and metaphysics, she considers how his theories sat alongside his concerns with politics, diplomacy, and a broad range of practical reforms: juridical, economic, administrative, technological, medical, and ecclesiastical. Discussing Leinbniz's theories of possible worlds, she concludes by looking at what is ultimately real in this actual world that we experience, the good and evil there is in it, and Leibniz's response to the problem of evil through his theodicy. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. (shrink)

The aim of this paper is to contribute to the understanding of imagistic violence by focusing—by means of a phenomenology open to dialogue with neighboring disciplines, from historiography to semiotics—on the particular case of photographs depicting atrocities, examples of photojournalism or images captured at crime scenes by forensic agents and presented as evidence during trials. To this end, I will implement a three-step analysis. First, I will seek to clarify the meanings associated with photography presented as evidence by adopting Husserl’s (...) phenomenological framework and by following a historiographical and juridical approach while verifying the grounds for the opposition that appears to be emerging between a paradigm of resemblance and a model of indirect, conjectural knowledge. Second, I will focus on how photography’s capacity to sustain a maximum degree of the reproduction of the real is problematized when the pictorial object is a violent scene that suspends, contradicts, and dismantles the order of the viewer’s experience. Finally, I will conclude by offering a hypothesis on the act of “seeing-with-other” and its phenomenological implications for the case of imagistic violence as evidence. Specifically, I will argue that we are more likely to understand imagistic violence at the level of a collective seeing than through a solitary gaze. (shrink)

Refugees can be formed as “subjects” as they navigate forced displacement in countries that are not their own. In particular, everyday life as the politicized Other, and as humanitarianism’s depoliticized beneficiary, can constitute them as political subjects. Understanding these produced subjects and subjectivities leads us to conceive of forced displacement – or “refugeedom” – as a human condition or experience of political (sub)alterity, within which inhere distinctive subjectivations and subjectivities. Drawing on fieldwork in Beirut, Lebanon, we use young Syrian (...) and Iraqi refugees’ experiences with everyday racism, violent bullying and racialized discrimination as heuristic lenses with which to see displacement’s political subjects and subjectivities. We argue that the young refugees emerge as both political and moral subjects through core and defining struggles within – and against – these politicizing constraints. We interpret their struggles as ambivalently and dynamically situated within humanitarianism’s and racism’s subjections and subjectivities. Yet we also found that occasionally the young refugees could eclipse these produced subjectivities to claim repoliticized subjecthoods distinct from those of humanitarianism and outside displacement’s normal politics. We interpret these in Rancièrian terms as “political subjectivation.” Abstracting our findings, we offer a simple theoretical architecture of refugeedom’s subjectivations, subjects, and subjectivities as comprising humanitarianism’s rights-bearing or juridical subject; the vulnerable and resilient, innocent and suffering subject; and the Othered or racialized subject, formed through the exclusions of displacement’s politicized spaces. But we also conceive refugeedom as a space of values, and so the ground on which moral meaning and significance attach to agency and subjectivity. (shrink)

Reproductive health technology allows married couples who experience infertility to have a child through assisted reproductive technology (ART), such as the in vitro fertilisation (IVF) process. The transfer of the extracted embryo to the woman’s womb is called surrogacy technology (gestational surrogacy). The legality of the practice of surrogacy is still questionable, both on a national and international level. This research discussed the legality of surrogacy in some religious countries, focusing on Indonesia. This research used normative juridical research methods (...) or literature review through a comparative religion-legal approach. This study indicated that most do not have a specific legal instrument regarding surrogacy practice. International law also does not have a standard legal instrument regarding the legality of surrogacy. Legality is determined by each religious country’s national laws and customs. For example, Indonesian law prohibits this practice implicitly under Law No. 36 of 2009 concerning health. The United Kingdom legalised surrogacy through the Surrogacy Agreement Act 1985, which was amended to the Human Fertilization and Embryology Act 2008, Greece through the Greek Legislation Law 3089/2002 and Law 3305/2005, and India through the 2019 Surrogacy Regulation Bill. Those countries have their limitations and characteristics that rule surrogacy. Surrogacy is indeed a technological advancement in the health sector. However, for countries that are influenced much by religion, technological advances sometimes conflict with the culture and the belief that has long been followed by most of the population. For Indonesia, the largest of Sunni Islam ruled surrogacy against the law. Next, Iran, as a Shia Islam country, ruled that surrogacy is a legal action.Contribution: The research provided information and knowledge regarding the different settings of surrogacy practice. Most religious countries bravely rejected or put strict limits on the practice of surrogacy. (shrink)

In the autumn of 1667, the young Leibniz published a «new method» for the science of law. Producing a revised edition of that early work was to become his lifelong project, to the purpose of which he wrote, in the 1690s, a succession of new versions of most of its sections. The main reason for this enduring interest was probably the fact that the juridical part of the treatise was preceded with a more general one, encapsulating in a few pages (...) a systematic overview of the disciplines composing the baroque encyclopaedia, after the model of Johann Heinrich Alsted’s monumental Encyclopaedia septem tomis distincta. If Leibniz still depended on Alsted’s notion of philosophy as the «circle of disciplines», he deeply transformed that pre-Cartesian conception of knowledge by two decisive innovations: following Bacon, he defines each branch of demonstrative science as bearing on one single «quality», abstracted from the subjects in which it inheres; yet, contrary to Bacon, he no longer conceives of these qualities as the ultimate components of reality, but as those of our experience of it, marking the limit of the explanatory capacity of language. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:arrêt sur visagefrom Hatred of Translation1Nathanaël (bio)or else isolated in silence—Danielle Collobert, Ça des motsIn the language of film there are often extraordinary divergences between English and French, which prove at times to be irreconcilable.2 If this tendency toward discrepancy is true of translation as a rule, it reveals itself to be particularly true in the case of this work in translation. Danielle Collobert's Recherche,3 rendered as Research, in (...) which the search of re-search must be read as detachable, with emphasis on its repetitive motion—but also in its slide from substantive to predicate (search>searches)—makes salient such divergences, through the implied camera movement panning over the evacuated faces of A and B and the marked distances especially that define the space of their bodies, in proximity and in remove, as though the text were annotating a form of recusal that is implicit in the spaces of desire to which their mortiferous movements owe everything; an intimacy of anticipated death, and seizure, from which the camera extracts movements of degradation through violent stillness.Indeed the term still here is adopted to render the French arrêt, proposing a false equivalency between the (film) still and its seemingly concordant locution, the arrêt (sur image). These are "attested" terms that reveal something of the contexts in which each seeks to function. In Recherche Collobert limits herself [End Page 138] to the use of arrêt sur, designating in each instance a specific detail on which the camera is to stop. "Stop" of course is one of the translations of the lone substantive "arrêt," which also implies "arrest" (from the verb arrêter), replete with its juridical (enforceable/enforcible) intent.4One might just as readily translate "arrêt sur" as "stop at," stopping at nothing to achieve the irresistible demands of such a transitive language that subverts its own objectivity through a persistent preference for passive forms, abdicating one's responsibility to the law in abject deference to its capital aims. Regimens of grammar are coincident with regimens of power now as always.5More than one frontier has now been crossed, and reading the three works6 gathered by Françoise Morvan under the title Expériences (experiments and/ or experiences) in this so-called America is a serious transposition indeed in which the sands of north-western France adjoining the virulent Atlantic, may readily allow themselves to be supplanted by an imagined far-ouest of burnt deserts shimmering with radioactive particulate, under some gun. These are voided investigations that succeed only in subtracting the body from its criminality—a condemnation of ages pressed into moments, a crime committed to each and every one.Meurtre (Murder), the title of Collobert's first acknowledged work,7 is just as operative in these cinematic and radiophonic works; indeed, it can be read as a mot d'ordre for her entire oeuvre,8 and with which its entire topography is suffused. The stills of Recherche and "Polyphonie" attest to this, as does the recurrence of the isolate arrêt, whether in its designation of a bus stop or a pause in action (breaks in the fight, for example, between B and the man on the dock), toppling into the near untranslatable arrêts in the plural, stops, which invites, again, a transitive reading rather than the congealment of the plural substantive, and this, in keeping with the stares that transfix and bore into the faces verging on the dunes. The polysemic displacement of arrêt is such that the cumulative effect of its multiply transposed sense is that of a filmstrip caught in a projector, and it isn't clear whether the image is held or whether it is caught in the mechanism; in either case, the reader is among those held captive by a language that forbids release, burrowing instead, more deeply, into a thickeningly menacing interiority with its inscription of fear similar to that elicited by the perceived approach of the beast in Kafka's "The Burrow." The time of exposure holds the permanent promise of such a threat. [End Page 139]Nathanaël Nathanaël... (shrink)

Le terme de « personne » est devenu aujourd’hui très abstrait, y compris dans le personnalisme, et il est nécessaire de lui redonner le statut d’un vrai concept. Une telle tâche est rendue possible par la méthode de la phénoménologie qui seule peut être attentive à l’identité propre de la personne par rapport à l’identité de la chose. Contre le concept juridique de personne et contre les pensées de l’identité personnelle issues de Locke, Husserl permet de montrer en quoi l’identité (...) personnelle n’est pas simplement l’identité passée formée par le souvenir, mais qu’elle est l’identité présente que le sujet se donne dans le temps, dans la chair et dans la vie de la volonté. Heidegger, lui, permet de faire un pas de plus dans l’analyse du caractère concret de la personne en montrant que, antérieurement au sujet qui se forme lui-même, la personne est cet être qui découvre ses possibilités les plus propres à partir de sa vie dans le monde ; la personne est alors ce qu’elle a à être. Il est ainsi possible, en se libérant de toute idée de constance, de retrouver la dimension relationnelle et responsive de la personne qui était au centre de la philosophie médiévale.The term of « person » has become very abstract today, as well in personalism, ant it is necessary to regive it the status of a concept. This has been made possible by the method of phenomenology which alone can be attentive to the actual identity of the person compared with the identity of thing. Against the juridical concept of person, and against the philosophy of personal identity since Locke, Husserl shows how the personal identity is no simply our past identity formed by the memory, but that it is the present identity that the subject develops over time, in the life and flesh of our will. Heidegger allows to go one step further in the analysis of the concrete character of the person by showing that prior to the subject that forms itself, the person is his being who discovers his own possibilities from what he experiences in life ; the person thus becomes what he has to be. It is necessary to show, free ourselves from all idea of constancy, that person is defined by relation and reply. (shrink)

Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as (...) our own). The discussion is developed by recognising that the claim to universality is not only incompatible with a substantive conception of juridicalness as validity but also sustained with difficulty by a procedural representation of discourse and rationality (a representation which, against its own conclusion-claims, could also be said to be culturally and civilizationally bounded). Not forgetting some specific features of contemporary juridical pluralism—namely that which emerges from the counterpoint between semiotic groups or interpretative communities (and their differently assumed claims of intersemioticity concerning the signifier law)—this train of reflection diagnoses briefly a sequence of complementary main difficulties (as «obstacles» to recognising Law’s demand as an unmistakable cultural project), namely those arising from the formalistic normativistic inheritance (confounding legal autonomy with isolationism), from the challenges and seductions of practical holism (justifying a continuum in which Law’s project loses its sense and autonomy), and also from the familiar debate between exclusive and inclusive versions of positivism and non-positivism (a debate which establishes-consecrates an equivocal counterpoint between Law and Morality). (shrink)

: The article examines the metapher proposed by Kant in order to clarify how our mind attains knowledge of reality, and consequently according to what method we should work out a new metaphysics. The judge succeeds in knowing a juridical reality in so far as he asks the witnesses questions which he himself formulates. Hence Kant draws the conclusion that reason learns from nature only what she herself has put into nature. Now the problem lies in clarifying how the active-creative (...) moment and the receptive moment in human knowledge refer to one another . Kant acknowledges initially the complementarity of both moments. But since he had failed to grasp clearly the real distinction between the anticipatory-constructive capacity of our understanding and the following critical-reflective capacity of the same he ended up by making the first moment prevail unilaterally. The consequence is the idealist interpretation of knowing and being to which the first Critique leads. Also the later attempts could not overcome the impasse. This would have required both revisimg radically the intuition-principle in its sensist version and to acknowledge that the dynamism of intellect refers to reality, although it needs the data of experience to know it. (shrink)

Despite the persistence of violence inside and around prisons, and the dubious adequacy of criminal law to respond to victim–survivors, international human rights (IHR) discourse increasingly promotes the mobilisation of the state’s penal apparatus to respond to human rights violations, including violence against women (VAW). Using an anticolonial feminist approach, this article scrutinises the ontological and epistemological commitments underlying ‘human rights penality,’ by analysing features of the Western-colonial register vis-a-vis more relational worldviews. Separateness, abstraction, and transcendence broadly underpin the exclusion (...) of embodied experience, context, and material reality from the juridical field. In the second part, through discourse analysis of Inter-American and European case law, the author shows the deployment of human rights penality, the displacement of experience, and the disregard of context in IHR discourse. VAW is construed as a procedural and penal matter: it is the absence of a penal process that courts regard as failure to protect women, rather than the state’s inability/unwillingness to address structural subordination. Moreover, the ‘virtues’ attributed to the penal system justify its expansion, which facilitates the continuity of penal violence and debilitates alternative approaches to justice. Finally, the author posits penal abolition as an anticolonial praxis, pointing at examples of anti-carceral feminist work. (shrink)

Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to Conklin, is the (...) relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

The way comparative law methodology is handled by the variety of experiences of normative complexity around the world is, in itself, a stimulating and promising field of research. In particular, the “hybrid” character of the European Union legislation, being juridical and linguistic at the same time, remains the core of comparative law studies, but the dynamic relationship between law and language is constanlty producing ever-changing scenarios, calling for combined scientific approaches. Along with comparative law, semiotics in particular has ensured the (...) proper reading of the complex juridical and linguistic interconnections between the EU legislation and the national courts interpreting and applying them, thanks to its implicit dynamicity and ability to favor the visualization of the real normative semantic flow. By means of a case study, the opening of this “Pandora’s box” will demonstrate that, despite the lack of correspondence among EU categorical and conceptual structure, legal language, court enforcement and spirit of the people (social group), shared contexts of meanings within the EU and the national contexts are already flourishing and become visible when approached from a specifically comparative and semiotics point of view, that's to say as legal _formants_ and as _signs_ and _meta-concepts._. (shrink)

The work of Claudia Card has received far less attention in the field of genocide studies than it deserves. The atrocity paradigm, first introduced in her book by that title published in 2002, offers rich insights that can serve to enhance the understanding of genocidal violence. Her book Confronting Evils: Terrorism, Torture, Genocide, after offering revisions to her secular theory of evil, does speak directly to the evils of genocide, claiming "genocide is social death". This chapter shows that genocide scholarship (...) as well as accounts of genocide by journalists often frame genocide in terms of biological death and body counts. It argues that the atrocity paradigm and especially Card's conception of social death are better able to capture the complex realities of genocidal violence, particularly the experiences of women. The chapter describes that the idea of social death enriches the understanding of genocide but question whether her term has juridical implications. (shrink)

This work examines Michel Foucault’s critique of the present, through his analysis of our hidden but still active historical legacies. His works from the Eighties are the beginning of what he called a “genealogy of the desiring subject,” in which he shows that practices such as confession—in its juridical, psychological, and religious forms—have largely dictated how we think about our ethical selves. This constrains our notions of ethics to legalistic forbidden/required dichotomies, and requires that we engage in a hermeneutics of (...) the self which consistently fails to discover its imagined authentic self, or to find the happiness and freedom promised by contemporary ethics. In order to think the modern self in different terms, Foucault’s later works analyzed Classical and Hellenistic ethical sources, emphasizing their distance from today. He hoped doing so would allow us to rethink our current assumptions about ethical matters, the truth of oneself, and the relation to others. While Foucault’s genealogical descriptions critically diagnosed contemporary ills such as these, he did not prescribe a cure, preferring to let his readers experiment with new practices of their own design. This work attempts such an experiment, supplying concrete solutions to our ethical ills, in order to help us improve, as well as understand, our ethical selves. To that end, this work demonstrates that a form of subjectivity based on Benedict Spinoza’s ethical and political works avoids the pitfalls of modern ethics as diagnosed by Foucault. Additionally, the practices of the self found in Spinoza can be used to directly counter and displace each central element of “desiring subjectivity,” and thus supplies the kind of effective positive move which should follow after genealogical critique. (shrink)

Kant maintains that retribution is the only morally sound justification for criminal punishment. He claims that all just criminal punishment must conform to the “principle of equality,” an inflexible juridical rule which takes the form of a categorical imperative. Focusing on his further claim that the principle of equality establishes that capital punishment is the only suitable punishment for murder, I question Kant’s contention that the principle of equality is a categorical imperative. Following two lines of inquiry drawing upon the (...) nature of a categorical imperative, I suggest that the principle of equality is a principle conditioned by experience, a hypothetical imperative which Kant only shows to be consistent with, not necessarily mandated by, the idea of a just civil state. (shrink)

The essay explores the exchange between Otto Brunner and Reinhart Koselleck about the use of historical sources in Begriffsgeschichte. Criticizing historicism in Brunner, who asserts the difference between ancient Europe and modernity starting from the idea of a strong epochalization of modern politics as linked to the short time of the State, Koselleck assumes the idea of transformation of political and juridical concepts insisting on their continuity between ancient and modern time. The comparison between the two historians questions the very (...) limits of Western modern political experience. (shrink)

What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and (...) their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects. (shrink)

Rationality and reasonableness can be illustrated as Janus-faced concepts, not only in a descriptive diagnosis but also in a normative construction of adjudication, and in the analysis of its practical and rhetorical effects. Considering such an illustration, the present reflection returns to the discussion on the relevance of rationality and reasonableness in legal interpretation, aiming at distinguishing and/or connecting principles and criteria, beyond formally logical and/or procedurally argumentative decision-making, and, thus, within a normatively practical adjudication. Such an approach will be (...) presented in two main steps. In a first step, the rationality/reasonableness dichotomy will be discussed within a constitutive connection between principles and criteria in adjudication, and understanding legal principles as normatively substantial foundations to legal criteria—the former as axiological references filtered into the juridical system and the latter as their concretizations, and whose practical adequacy is rhetorically assigned by the interpretive communities involved in/by adjudication, and normatively referred both to their practical accordance to the axiological normativity of the principles they shall presuppose and to their suitability as practical operators to the problematic relevance of the sub judice cases. In a second step, and consequently, encompassing the projection of legal interpretation, in semiotic and in practical-normative perspectives, in order to discuss their constituting practical relevance in adjudication, the rationality/reasonableness dichotomy will be experimented within formal-logical procedures and within practical-dialectical connections between juridical problem and juridical system—therefore stating a discussion on the foundations, the intentionality and the consequences of adjudication, amongst deduction and analogy. (shrink)

Resumen: En este artículo se muestra que la teoría de la justicia y la libertad que Axel Honneth desarrolla en El derecho de la libertad tiene un mayor alcance y profundidad que aquellas teorías de la justicia y la democracia desarrolladas en el liberalismo contemporáneo por Rawls y Habermas. Sin embargo, su modelo normativo del reconocimiento tiene una seria limitación, que consiste en circunscribir el alcance de su concepción de la libertad a las sociedades más desarrolladas de Occidente. Esta limitación (...) afecta negativamente su propuesta, produce una pérdida importante de su potencial crítico y determina que su planteamiento normativo y reconstructivo de la historia de la libertad sea insuficiente frente a otras visiones críticas de la sociedad. El autor hace primero una presentación de la tensión entre las dimensiones negativa y positiva de la libertad. En segundo lugar, reconstruye la forma como Honneth expone el proceso histórico de la lucha por la libertad, y estructura así una definición de esta que comprende tres dimensiones de la libertad: jurídica, moral y social. En tercer lugar, desarrolla unas consideraciones críticas al modelo del reconocimiento de Honneth por desconocer otras experiencias históricas de lucha por la libertad.: This article shows that the theory of justice and liberty developed by Axel Honneth in Freedom´s Right, has a wider range and depth than those theories of justice and democracy developed in contemporary liberalism by Rawls and Habermas. Nevertheless, its normative model of recognition has a serious limitation, which consists in circumscribing the reach of its conception of freedom to the most developed western societies. This limitation affects the proposal in a negative way; it produces an important loss of its critical potential and determines that its normative and reconstructive approach of freedom’s history may be insufficient in front of other critical visions of society. First, the author does a presentation of the tension between the negative and positive dimensions of freedom. Then, he reconstructs the way in which Honneth exposes the historical process of the fight for freedom and thus structures a definition of this fight, which includes three dimensions of freedom: juridical, moral and social. Finally, the author develops some critical considerations dealing with Honneth’s recognition model, as it does not acknowledge other historical experiences of the fight for freedom. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The New Liberalism of L. T. Hobhouse and the Reenvisioning of Nineteenth-Century UtilitarianismDavid WeinsteinIn the eyes of some, modern liberal theorizing has fallen victim to tyrannizing conceptual dualisms that have rendered it a tedious dialogue of predictable positioning and strident partisanship. On the one hand those who dream the dream of unencumbered selfhood are said to be locked in a bitter struggle with those who long for the rebirth (...) of encumbering community. On the other hand and in a not wholly unrelated way, Kantians are supposedly and forever beating back the phoenix of consequentialism. In short, the tyrannizing dualisms of individualism vs. communitarianism and Kantianism vs. consequentialism allegedly and detrimentally channel much modern liberal theorizing.But such rivalries, however real or fanciful, need not be philosophical liberalism’s singular fate. Nor do these rivalries exclusively characterize its variegated past. My aim is to challenge the cogency and expose the historical limitations of one of these tyrannizing dualisms, namely that between Kantianism and consequentialism, by way of examining L. T. Hobhouses’s new liberalism. In my view this seeming rivalry within liberalism is a convenient straw man readily weakened by more scrupulous attention to liberalism’s new liberal past. 1 [End Page 487]Principally, I hope to show that Hobhouse’s rendering of liberalism privileged good but not at the price of stultifying welfare pooling, individuality but not at the cost of pitiless individualism. Hobhouse’s version of new liberalism may not have been quite utilitarian, but it nevertheless took maximizing good seriously while retaining a firm commitment to strong moral rights and the flourishing of individuals as ends. Hobhouse’s new liberalism, then, was as robustly juridical and as authentically liberal as it was fundamentally consequentialist.The Rational Good and Moral PersonalitySelf-realization was the normative hinge of Hobhouse’s new liberalism. Self-realization, in turn, can not be understood without examining Hobhouse’s notion of the rational good. Hence, The Rational Good, published later in his life in 1921, occupies a vital position in his thought though recent scholarship has all but ignored this work. 2In this work Hobhouse begins by asking “whether there is a Rational, and therefore demonstrable, standard of values to which the actions of man and the institutions of society may be referred for judgment.” 3 For Hobhouse, such a standard exits and the remainder of the book endeavors to persuade us accordingly.In a chapter entitled “The Good,” Hobhouse claims that the proposition that something is good expresses a “disposition” and asserts a “fact.” The disposition consists of a favorable “practical attitude” towards pleasurable feelings, which certain (self-realizing) experiences invariably entail. In Hobhouse’s words “the judgment ‘This is good’ is not only the expression of an attitude but also the assertion of a fact, and the fact which it asserts is a harmony between an experience and a feeling.” 4 Hence, we deem good only those self-realizing experiences that are harmonious in the sense that they generate feelings of pleasure. A pleasure-producing experience is a harmonious experience and, assuming that it is also self-realizing, we are disposed to pronounce it “good.”Now separate harmonious experiences, unless rationally coordinated, will likely clash, thereby generating overall disharmony or pain. Experiences which we separately judge as good may turn out to be bad on the whole. A good life, therefore, is a satisfying coherent life. Only a rationally coherent life is fully self-realizing and constitutes the rational good. In short “that what we reasonably call good or what is really good must be a harmony of the [End Page 488] totality of feeling with the totality of experience so far as it affects feeling. Thus, Practical Reason is the effort of the mind towards harmony within itself, and with nature.” 5But if, for Hobhouse, practical reason is an ongoing “effort” in coordination, then the fully rational good is a formal ideal which actual lives succeed more or less skillfully in realizing. Hence, Hobhouse also introduces the “realized good” as the practically possible good, and the distance one goes in realizing his or her own good is, as Hobhouse says, “what we call character.” 6 To... (shrink)