This article re-conceptualises the ‘constitutive outside’ through Roberto Esposito’s theory of immunity to detach it from Laclau and Mouffe’s political antagonism. It identifies Esposito’s thought as an innovative epistemological perspective to dissolve post-ontological political theories of community from the intertwinement with a foundational self/other dialectic. Esposito shows how a community can sustain its relations through introversive immunisation against a primarily undefined outside. But it is argued that his theory of immunity slips back to a vitalist depth ontology which ultimately (...) de-politicises the construction of the communal outside. This article draws on Niklas Luhmann’s immunity theory to resituate immunisation in the political production of social connectivity. Following Luhmann, politics relies on immunisation through contradictions to reproduce its functional role as a decision-making institution, but is at the same time constantly exposed to potential rupture through the political openness immunity introduces. Through Esposito and Luhmann, this article identifies the relationship between a social inside and its outside as open-ended and secondary to an introversive process of socio-political self-differentiation. It can involve, but does epistemologically necessitate, the construction of an external other. (shrink)

This article re-conceptualises the ‘constitutive outside’ through Roberto Esposito’s theory of immunity to detach it from Laclau and Mouffe’s political antagonism. It identifies Esposito’s thought as an innovative epistemological perspective to dissolve post-ontological political theories of community from the intertwinement with a foundational self/other dialectic. Esposito shows how a community can sustain its relations through introversive immunisation against a primarily undefined outside. But it is argued that his theory of immunity slips back to a vitalist depth ontology which ultimately (...) de-politicises the construction of the communal outside. This article draws on Niklas Luhmann’s immunity theory to resituate immunisation in the political production of social connectivity. Following Luhmann, politics relies on immunisation through contradictions to reproduce its functional role as a decision-making institution, but is at the same time constantly exposed to potential rupture through the political op... (shrink)

This twelfth volume of Correspondence contains authoritative and fully annotated texts of all known letters sent both to and from Bentham between July 1824 and June 1828. The 301 letters, most of which have never before been published, have been collected from archives, public and private, in Britain, the United States of America, Switzerland, France, Japan, and elsewhere, as well as from the major collections of Bentham Papers at University College London Library and the British Library.In mid-1824 Bentham was still (...) preoccupied with the Greek struggle for independence against Turkey, though his active involvement waned as he became disenchanted with the behaviour of the deputies sent to London by the Greek National Assembly. His international reputation was reflected in his continuing contact with Simón Bolívar and Bernardino Rivadavia in South America, and with John Quincy Adams, John Neal, Henry Wheaton, and others in the United States, and his forging of new contacts in Guatemala, India, and Egypt. In the autumn of 1825 he visited France, where he stayed with Jean Baptiste Say and La Fayette, and was fêted by the French liberals.Bentham made considerable progress drafting material for his pannomion, or complete code of laws, and in particular for his Constitutional and Procedure Codes, while John Stuart Mill edited the massive Rationale of Judicial Evidence. Bentham became increasingly active in the cause of law reform, and exchanged a series of letters on the subject with Robert Peel, the Home Secretary, and Henry Brougham. He maintained his friendships with John and Sarah Austin, George and Harriet Grote, James and John Stuart Mill, John Bowring, Joseph Hume, Francis Burdett, Francis Place, and Joseph Parkes, re-established contact with the third Marquis of Lansdowne, son of his old friend the first Marquis, and made new acquaintances in James Humphreys, Sutton Sharpe, and Albany Fonblanque. (shrink)

The problem of the other was one of the central problems for the founder of phenomenology, Edmund Husserl. He investigated the other as the alter ego intensively in the Fifth Cartesian Meditation, in which he introduced the conceptions of “analogical apperception'' and “pairing'' as fundamental forms of “passive synthesis.'' Although it is no doubt Husserl who investigated the other most seriously and intensively, there is anaporiain his theory of the other. If the other is an (...) object of ego's intentional consciousness, the other turns out to be no more than a modification of the ego. In the face of such anaporia, some phenomenologists embarked upon inquiry into the other. This paper focuses primarily on Alfred Schutz's discussion of the “other'' in general and about the “stranger'' in particular. (shrink)

The problem of the other was one of the central problems for the founder of phenomenology, Edmund Husserl. He investigated the other as the alter ego intensively in the Fifth Cartesian Meditation, in which he introduced the conceptions of “analogical apperception'' and “pairing'' as fundamental forms of “passive synthesis.'' Although it is no doubt Husserl who investigated the other most seriously and intensively, there is anaporiain his theory of the other. If the other is an (...) object of ego's intentional consciousness, the other turns out to be no more than a modification of the ego. In the face of such anaporia, some phenomenologists embarked upon inquiry into the other. This paper focuses primarily on Alfred Schutz's discussion of the “other'' in general and about the “stranger'' in particular. (shrink)

RESUMO A empatia, em Edith Stein, é uma vivência que permite o conhecimento do outro, mas também do "sujeito empatizante". Pela teoria "do vivenciar completo", alcança-se não apenas um conhecimento da vivência do outro, mas também dos valores subjacentes à sua ação. Através desta teoria, pretende-se responder à proposta levinasiana de uma responsabilidade total, por um lado, e, por outro, de P. Ricœur, que apresenta a necessidade de uma relação que pense ao mesmo tempo a reflexividade do si mesmo. A (...) empatia permite um modo de constituição personalizadora para os dois sujeitos que mantém, de modo simultâneo, a unicidade e a alteridade de cada um. ABSTRACT According to Edith Stein, empathy is an experience that allows for knowledge of the other and of the "empathizing subject". The notion of "full experience" makes it possible to know the experience of the other, as well as the values underlying his/her actions. On the basis of this theory, the article seeks to respond to Levinas' proposal of total responsibility, on the one hand and to P. Ricœur, who argues in favor of a relation that, at the same time, takes into account the reflexivity of the self, on the other. Empathy allows for a personalized mode of constitution of the two subjects, which, simultaneously preserves the singularity and alterity of each. (shrink)

I will first give a brief summery of Husserl’s project in the “Fifth Meditation” and the steps in his analysis in order to evoke the context of my remarks and to also to begin to communicate my understanding of this work of Husserl’s. Then I will go more closely through the beginning steps in the analysis and develop my own points as I go along.

In this paper I argue that if a completed neuroscience of consciousness is to be attained, we must give the synchronic and diachronic application conditions for brain states and phenomenal states. I argue that, due to the temporal nature of our experiences, such states must be viewed as being temporally extended events, and illustrate how to give such application conditions using examples of other temporally extended events. However, I also raise some difficulties for the project of giving application conditions (...) for brain states and phenomenal states and suggest these as challenges for further philosophical work. (shrink)

A sociological conceptualisation of space moves beyond the material to the relational, to consider space as a social process. This paper draws on research that explored the reproduction of legitimated knowledge and power structures in intensive care units during encounters, between patients, who were experiencing mental illness, and their nurses. Semi‐structured telephone interviews with 17 intensive care nurses from eight Australian intensive care units were conducted in 2017. Data were analysed through iterative cycling between participants' responses, the literature and the (...) theoretical framework. The material and relational aspects of space in this context constitute a dynamic process that is concerned with the reproduction of everyday life, the preservation of the biomedical authority of intensive care, and the social othering of people experiencing mental illness. The work of theorists such as Löw, Harvey and Foucault underpins the exploration of space as a multi‐dimensional, malleable social process that both produces and is the product of social interaction and the social world. In this paper, we argue that the performative work of knowledge and power production and reproduction, considered here in relation to intensive care spaces, enables ongoing othering and disenfranchisement of people experiencing mental illness. (shrink)

ABSTRACT The ethics of reciprocity offered by Simone de Beauvoir is founded upon an irreducible epistemic gap between self and other. This gap is often overlooked by commentators, who have tended to imply that the ethics of reciprocity requires recognition of oneself in the other. I claim that Beauvoir's ethics forecloses such recognition of oneself in the other and reveals that it is at once illusory and dangerous. Recognition in this sense is based upon a false notion (...) of self and constitutes a violation of the alterity of the other. I argue that Beauvoir stages this dangerous form of recognition in her novel She Came to Stay, while her claims about reciprocity in The Second Sex provide an image of a different, more positive recognition capable of respecting alterity. Finally, I claim that the epistemic gap characteristic of reciprocity also holds with respect to one's self-relation. (shrink)

Emmanuel Levinas is one of the most important figures of twentieth-century philosophy. Exerting a profound influence upon such thinkers as Derrida, Lyotard, Blanchot, and Irigaray, Levinas's work bridges several major gaps in the evolution of continental philosophy--between modern and postmodern, phenomenology and poststructuralism, ethics and ontology. He is credited with having spurred a revitalized interest in ethics-based philosophy throughout Europe and America. _Entre Nous_ (Between Us) is the culmination of Levinas's philosophy. Published in France a few years before his death, (...) it gathers his most important work and reveals the development of his thought over nearly forty years of committed inquiry. Along with several trenchant interviews published here, these essays engage with issues of suffering, love, religion, culture, justice, human rights, and legal theory. Taken together, they constitute a key to Levinas's ideas on the ethical dimensions of otherness. Working from the phenomenological method of Edmund Husserl and Martin Heidegger, Levinas pushed beyond the limits of their framework to argue that it is ethics, not ontology, that orients philosophy, and that responsibility precedes reasoning. Ethics for Levinas means responsibility in relation to difference. Throughout his work, Levinas returns to the metaphor of the face of the other to discuss how and where responsibility enters our lives and makes philosophy necessary. For Levinas, ethics begins with our face to face interaction with another person--seeing that person not as a reflection of one's self, nor as a threat, but as different and greater than self. Levinas moves the reader to recognize the implications of this interaction: our abiding responsibility for the other, and our concern with the other's suffering and death. Situated at the crossroads of several philosophical schools and approaches, Levinas's work illuminates a host of critical issues and has found resonances among students and scholars of literature, law, religion, and politics. _Entre Nous_ is at once the apotheosis of his work and an accessible introduction to it. In the end, Levinas's urgent meditations upon the face of the other suggest a new foundation upon which to grasp the nature of good and evil in the tangled skein of our lives. (shrink)

The original constitution of the dêmos by democratic means is a fundamental problem for normative democratic theory. In this paper, I make an assessment of different solutions to the dêmos problem that have been presented in recent literature. I find that none of them is adequate, and thus hold that the dêmos problem remains unresolved. At the end of the paper, I propose a constellation in which multiple dêmoi are thought to be constituted at the same time. I show that (...) this leads to a mitigation of the negative consequences that are implied in the proposed solutions analysed in previous parts of the paper. Constituting the dêmos according to the democratic ideal is more expedient under the conditions of a large number of individuals having the option to form a plurality of dêmoi. This overall conclusion means that the democratic legitimacy of the dêmos itself is critically dependent on a relational setting of relatively open but independent dêmoi. The relations between dêmoi and the freedom of movement among them is thus not something which is added to ideal democratic theory as an external and foreign element reducing the legitimacy of a democracy. Rather, the norm that states that there should be multiple dêmoi that openly relate to each other is actually part of the hard core of democratic legitimacy. (shrink)

In our philosophical tradition and our wider culture, we tend to think of persons as agents. This agential conception is flattering, but in this paper I will argue that it conceals a more complex truth about what persons are. In 1. I set the issues in context. In 2. I critically explore four features commonly presented as fundamental to personhood in versions of the agential conception: action, capability, choice and independence. In 3. I argue that each of these agential features (...) presupposes a non-agential feature: agency presupposes patiency, capability presupposes incapability, choice presupposes necessity and independence presupposes dependency. In 4. I argue that such non-agential features, as well as being implicit within the agential conception, are as apt to be constitutive of personhood as agential features, and in 5. I conclude. (shrink)

The Other Adam Smith represents the next wave of critical thinking about the still under-examined work of this paradigmatic Enlightenment thinker. Not simply another book about Adam Smith, it allows and even necessitates his inclusion in the realm of theory in the broadest sense. Moving beyond his usual economic and moral philosophical texts, Mike Hill and Warren Montag take seriously Smith's entire corpus, his writing on knowledge, affect, sociability and government, and political economy, as constituting a comprehensive—though highly (...) contestable—system of thought. We meet not just Smith the economist, but Smith the philosopher, Smith the literary critic, Smith the historian, and Smith the anthropologist. Placed in relation to key thinkers such as Hume, Lord Kames, Fielding, Hayek, Von Mises, and Agamben, this other Adam Smith, far from being localized in the history of eighteenth-century economic thought or ideas, stands at the center of the most vibrant and contentious debates of the twentieth and twenty-first centuries. (shrink)

The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches âe" just war theory, classical realist, post-Kantian, poststructuralist âe" contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, The Other's (...) War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of warâe(tm)s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes âe~legitimateâe(tm) violence. Such a process has consequences for anyone who claims to be fighting a âe~just warâe(tm). Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Otherâe(tm)s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other's War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other's war. (shrink)

A variety of arguments have been advanced that deliberation should be at the center of any good political regime in which there is popular self-government. Deliberation is to be the basis for lawmaking, that is, for the making of the collectivity's binding decisions. Thus, John Rawls says, “[O]f course, actual constitutions should be designed as far as possible to make the same determinations as the ideal legislative procedure.” This procedure, in turn, is defined as having laws that result from “rational (...) legislators … who are conscientious, trying to follow the principles of justice as their standard.” These legislators “are not to take a narrow or group-interested standpoint.” Joshua Cohen broadly agrees with Rawls and characterizes Rawls's view as one that argues for a democratic politics that is built around public deliberation. Cohen says that “an ideal pluralist scheme, in which democratic politics consists of fair bargaining among groups each of which pursues its particular or sectional interest, is unsuited to a just society.” John Dryzek shares these views and comments that the “essence of democratic legitimacy should be sought … in the ability of all individuals subject to a collective decision to engage in authentic deliberation about that decision.” Others have argued along similar lines, including James Bohman, Amy Gutmann and Dennis Thompson, David Gauthier, and Jurgen Habermas. (shrink)

The boundary problem on defining the conceptual scope and limits of a mental disorder may be tackled at either side of the boundary. On one side, philosophers and philosophically minded clinicians tried clarifying the concept of mental disorder and its related concepts of mental illness and dysfunction in their use and definition. On the other side, Mohammed Rashed's article gives a substantive and refreshing account of this neglected side in terms of social recognition. Thereby the boundary is clarified from (...) the outside through the limits set by the epistemic status of identity claims and the diachronic and synchronic unity of the self-conceptions that make up a person's identity.Stimulated by and building... (shrink)

This article maintains that it is the constitutional responsibility of the courts, here the courts of the State of Michigan, to engage in judicial policymaking in the process of formulating common law rules. The article is written in response to the views expressed by some Justices of the Michigan Supreme Court that separation of powers concerns should impose significant limits on the power of the courts to establish and develop the common law of Michigan. Specifically, the contention is that policymaking (...) is exclusively the province of the legislature, so that the courts cannot properly formulate common law rules that may have significant social and economic effects. The article strongly disagrees with the proposition that there is any kind of constitutional constraint, either prudential or structural, on the power, and indeed, the constitutional responsibility of the Michigan courts (or the courts of any state) to engage in judicial policymaking in the process of formulating common law rules.The judicial power given to the Michigan courts by the Michigan Constitution includes the power to do what courts have always done in the Anglo-American legal system. The judicial power gives the courts the responsibility to adjudicate controversies between private persons and in the process to develop a common law through the workings of binding precedent and stare decisis. In so doing, the courts may properly take into account considerations of social and economic policy just as the legislature does when it engages in the process of enacting legislation. The difference between what the courts do and what the legislature does is a difference in process, not a difference in substance. Judicial policymaking takes place within the judicial process, that is, in the adjudication of controversies between persons in which the courts promulgate common law rules. The common law develops in a line of growth through the workings of binding precedent and stare decisis, and to the extent that there are limitations on the development of the common law, these are limitations that inhere in the judicial process itself. When the courts, for example, consider whether a new claim or a new defense should be recognized by the common law, they must consider whether that new claim or defense properly follows in the line of growth from existing doctrine and precedent. But if the courts conclude that it does, that is, if the claim or defense is consistent with the line of growth of existing doctrine and precedent, the courts are not constrained from recognizing the claim or defense on the ground that the substance of the claim or defense is a matter for the legislature rather than for the courts or that the resulting common law rule may have significant social and economic effects. The legislature, in contrast, enacts legislation through the legislative process. That process is a freewheeling one, often dependent on political compromise and completely unrestrained by the kind of limitations that inhere the judicial process. There is no legislative concept of line of growth, and the legislature can and often does enact legislation that brings about fundamental societal change or reverses the course of public policy. In our constitutional system, the most important questions of public policy are, of course, determined by the Legislature. Where the legislature disagrees with the policy choices reflected in a common law rule, the legislature has the power to enact legislation changing the common law rule. But there are many areas of private law where the legislature has not acted. In our constitutional system, where the matter in issue is not covered or preempted by legislation, the courts may formulate a common law rule to cover that matter, and in so doing may engage in judicial policymaking. Judicial policymaking is a part of the development of the common law, and the courts cannot avoid their responsibility to engage in judicial policymaking to the extent that it is necessary in the process of formulating the common law. As a constitutional matter, there are no separation of powers considerations that prohibit the courts from engaging in judicial policymaking. This part of the article traces judicial policymaking and the common law back to the seminal writings of Oliver Wendell Holmes, Roscoe Pound and Benjamin Cardozo.The article then discusses at length judicial policymaking and the development of the common law in Michigan. It shows that the clearest history of judicial policymaking in development of the common law is the liability-limiting rules of the late nineteenth century that were promulgated in the wake of the Industrial Revolution to protect the newly-emerging industries. During that time the courts in Michigan and elsewhere grafted on to the general principles of negligence law liability rules such as assumption of risk, contributory negligence, and the fellow servant doctrine, all of which had the effect of denying recovery to workers and other victims of industrial accidents. Beginning in the middle of the twentieth century, however, the Michigan Supreme Court began excising its constitutional power to make changes in the common law, expanding significantly the scope of tort liability in Michigan. Emphasizing that "rules created by the court could be altered by the court," and that the court had a "corrective responsibility when dealing with judge-made law," the Court, in approximately a 30 year period: eliminated the imputed negligence doctrine, under which the driver's negligence was imputed to the passenger in the passenger's suit against a third party; eliminated charitable immunity as a defense to a tort action; held that a wife could maintain at tort action for loss of her husband's consortium; abrogated the defense of assumption of risk, which had been applied outside of the employment area, held that there could be recovery for pre-natal injuries and finally abolished contributory negligence as a complete bar to recovery in favor of a comparative negligence approach. In these cases the Court discussed the relevant policy considerations influencing their decisions with respect to the common law rule at issue. In the last quarter century, the Court continued to take into account policy considerations in developing the common law, but not infrequently there was disagreement on the Court as to where policy considerations should lead, with some Justices arguing that policy considerations supported the imposition of tort liability, while other Justices argued that they did not.The article concludes that it has been demonstrated that in the development of the common law of Michigan, the Michigan Supreme Court has at all times engaged in judicial policymaking. From the liability-limiting rules of the late nineteenth century designed to protect the newly-emerging industries in this state, to the Court's exercise of its power to change the common law in Michigan over a 30 year period by expanding significantly the scope of tort liability in Michigan, to its recognition of new claims, such as a child's right to recover for loss of a parent's consortium caused by a negligent injury, to its imposition of limits on tort recovery, such as the open and obvious doctrine, the Court has invoked considerations of policy in support of its decisions. In these cases, the Court's invocation of policy considerations was sometimes accompanied by substantial disagreement among members of the Court over where policy should lead, but at no time did the Court ever suggest that separation of powers considerations should somehow operate as a kind of restraint on the Court's use of policy in the development of the common law. It is the power and responsibility of the Michigan Courts under the Michigan Constitution to make policy choices in formulating the common law. (shrink)

_The Other Adam Smith_ represents the next wave of critical thinking about the still under-examined work of this paradigmatic Enlightenment thinker. Not simply another book about Adam Smith, it allows and even necessitates his inclusion in the realm of theory in the broadest sense. Moving beyond his usual economic and moral philosophical texts, Mike Hill and Warren Montag take seriously Smith's entire corpus, his writing on knowledge, affect, sociability and government, and political economy, as constituting a comprehensive—though highly (...) contestable—system of thought. We meet not just Smith the economist, but Smith the philosopher, Smith the literary critic, Smith the historian, and Smith the anthropologist. Placed in relation to key thinkers such as Hume, Lord Kames, Fielding, Hayek, Von Mises, and Agamben, this other Adam Smith, far from being localized in the history of eighteenth-century economic thought or ideas, stands at the center of the most vibrant and contentious debates of the twentieth and twenty-first centuries. (shrink)

The Other Machiavelli is a unique compendium of the Florentine political thinker's writings on liberty and self-government. The selections, drawn from the Discourses and Machiavelli's other "republican" writings, are conveniently organized on the basis of subject matter. As such, The Other Machiavelli constitutes a much-needed corrective and companion to "The Prince.".

The writings collected in this volume make an important addition to The Collected Works of Jeremy Bentham. They lend credence to Bentham's claim that his ideas were appropriate `for the use of all nations and all governments professing liberal opinions'. The essays, dating mainly from late 1822 and early 1823, are based exclusively on manuscripts, many of which have not been previously published. -/- Turning his attention towards the Mediterranean basin, Bentham here attempts to legislate for one Islamic state, and (...) offers advice to another in the process of throwing off Islamic rule. The Writings for Tripoli include the famous `Securities against Misrule', in which Bentham draws up a constitutional charter with an accompanying explanation of its provisions. He also discusses the social, political, and religious institutions of the country, and proposes a scheme for the introduction of constitutional reform both there and in the other Barbary states. The Writings for Greece include a rare commentary on the first Greek constitution of 1822, and advice and warnings to the Greek legislators against the temptation of `sinister appetites'. The main theme in both groups of writings is the efficacy of representative institutions and the publicity of official actions in preventing the abuse of government power. (shrink)

edited by Ciaran Cronin and Pablo De Greiff Since its appearance in English translation in 1996, Jürgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work.Habermas's theory (...) of democracy has at least three features that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. On this account, the rights of the individual that are central to liberalism can be guaranteed only within a constitutional framework that at the same time fosters democratic rights of political participation through the public sphere. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies.These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

Many Levinasians are prone to merely assert or presuppose that the Other is ‘radically Other’, and that such Otherness is of patent ethical significance. But building ethics into the very concept of ‘the Other’ seems question-begging. What then, if not mere Otherness, might motivate Levinasian responsibility? In the following discussion I argue that this can best be answered by reading Levinas as a post-Holocaust thinker, preoccupied with how one’s simply being-here constitutes a ‘usurpation of spaces belonging to (...) the other’. Then, drawing on Schutz’s phenomenology, I explain how the resultant usurpatory bad conscience presupposes the embodied ‘interchangeability’ of self and Other. As such, one can be said to ‘usurp’ the Other’s place only insofar as self and Other are not radically different. (shrink)

McDowell motivates a disjunctive conception of experience in the context of other-minds skepticism, but his conception of other minds has been less frequently discussed. In this paper, I focus on McDowell’s perceptual account of others that emphasizes the primitivity of others’ bodily expressivity and his defense of a common-sense understanding of others. And I suggest that Husserl’s subtle analysis of bodily expressivity not only bears fundamental similarities with McDowell’s but also helps to demonstrate the sense in which McDowell’s (...) emphasis on bodily expressivity can remove some of the grounds for other minds skepticism. I argue that the other’s behavioral manifestation is first and foremost perceived in a salient Gestalt and social perception is inherently infused with a constitutive propensity with which we normally take the other as human person in the first place. In this light, I show that Husserl’s account can better elucidate human expressivity and its intrinsic features, thereby helping to remove some of the props of other-minds skepticism. As a result, I believe it proves fruitful to juxtapose McDowell’s and Husserl’s account of bodily expressivity, so as to alternate the Cartesian picture of other-minds that engenders skeptic anxiety and to secure a common-sense understanding of other people. (shrink)

With the possible exception of the first volume of the Ideas, no single work published by Husserl has caused as much controversy among philosophers otherwise sympathetic to his philosophical endeavor as the 5th Cartesian Meditation. The controversy centers around the constitutive analysis of the sense "another subject," an analysis the elaborate detail of which seems out of place in the otherwise programmatic Cartesian Meditations. This analysis, which marks the first step in Husserl's account of consciousness of the other as (...) another subject, consciousness of self as a subject among other subjects, and consciousness of the world as an Objective 1 world, a world shared by a plurality of different subjects, is regarded to be a test of the philosophical status of transcendental phenomenology as such, a test Husserl seems to have failed. The present essay will examine this constitutive analysis as well as the role it plays in the argument of the 5th Meditation. As the title suggests, I shall side with Husserl's critics in that the analysis will be found to be wanting. However, the essay will not be simply critical, nor will it be a review of the various criticisms and defenses of the 5th Meditation which have appeared in the phenomenological tradition. Rather, an attempt to rethink the problem of intersubjectivity, the title that will be adopted for the problems posed by meanings founded upon the sense "another subject," will be made, and, in light of this attempt, a new approach to the constitutive analysis of the sense "another subject" will be presented. The specific thesis of this essay, viz., that a new approach to the constitutive analysis of the experience of the other as another subject is required, one different from Husserl's approach in the 5th Meditation, is based upon the rejection of Husserl's position that consciousness of the other as another subject is originally founded upon a connection made by the I between the other qua phenomenal object and itself qua phenomenal object, a connection that makes the extension of mental predicates to the other possible. The question I shall pose is this: Is the proper locus for the constitutive analysis of the sense "another subject," the analysis of the various motives and resulting intentional accomplishments in virtue of which the other presents himself as another subject, the distinction made on the level of the fully constituted, intersubjective world between the "privacy" of mental life and the "publicness" of the body? It will be argued that the attribution of mental life to the other (and to the I, for that matter) has the status of an explanation for observed phenomena the basis for the recognition of which is intersubjective (e.g., conflicts between subjects regarding their opinions of an Object, the difference between the behavior of subjects vis-a-vis that of inanimate objects, etc.), and hence that the distinction between "mind" and "body" cannot guide the analysis of the intentional situation that motivates the distinction. (shrink)

Being is evil not because it is finite but because it is without limits. This extraordinary declaration no doubt marks the rather hidden center of a work that is seminal, in any case essential, because it constitutes, in the same way as the brilliant 1951 article “Is Ontology Fundamental?” one of the irrevocable decisions that helped Levinas to become what he was: the greatest French philosopher since Bergson and also the first phenomenologist who seriously attempted to free himself from his (...) provenance, which is to say, from Heidegger. (shrink)

While analysing constitutions of various countries in the legal literature, usually not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state has a unique structure of their constitution, however, certain regularities can be discerned. The analysis of the structure of various constitutions leads to a conclusion that normally each constitution consists of the following standard structural (...) parts: the preamble, the main part, the final, transitional or additional provisions, in some constitutions there can also be annexes. The article ascertains that most of the constitutions begin with the introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. After analysing the preambles of the Lithuanian Constitutions adopted in 1918-1940, the Lithuanian Constitution of 1992, the Constitution of the United States of America of 1787, the Constitution of Federal Republic of Germany of 1949, and the constitutions of several Central and Eastern European countries (the Constitution of the Republic of Estonia of 1992, the Constitution of Czech Republic of 1992 and the Constitution of the Republic of Poland of 1997) it is stated that a preamble is considered as an inseparable part of an official text of a constitution. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered as significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts with the constitution. While interpreting and applying the constitution as a single act, its separate sections, clauses or certain provisions it is necessary to take the content of the preamble into account, since no text of the constitution shall be interpreted in a way to contradict the statements of the preamble and its spirit. The preamble is not only a category of a political, ideological or philosophical nature, it undoubtedly has the legal burden, therefore it is considered to have legal validity. Constitutions usually do not contain any particular preamble amendment procedures. The preambles are characterised to have the so-called higher style; they are usually formulated not in compliance with the requirements of legal technique. Therefore, they differ from other constitutional provisions that are usually set out in official writing style according to certain rules of legal technique. (shrink)

Intrigues: From Being to the Other examines the possibility of writing the other, explores whether an ethical writing that preserves the other as such is possible, and discusses what the implications are for an ethically inflected criticism. Emmanuel Levinas and Maurice Blanchot, whose works constitute the most thorough contemporary exploration of the question of the other and of its relation to writing, are the main focus of this study. The book's horizon is ethics in the Levinasian (...) sense: the question of the other, which, on the hither side of language understood as a system of signs and of representation, must be welcomed by language and preserved in its alterity. Martin Heidegger is an unavoidable reference, however. While it is true that for the German philosopher Being is an immanent production, his elucidation of a more essential understanding of Being entails a deconstruction of onto-theology, of the sign and the grammatical and logical determinations of language, all decisive starting points for both Levinas and Blanchot. At stake for both Levinas and Blanchot, then, is how to mark a nondiscursive excess within discourse without erasing or reducing it. How should one read and write the other in the same without reducing the other to the same? Critics in recent years have discussed an ethical moment or turn characterized by the other's irruption into the order of discourse. The other becomes a true crossroads of disciplines, since it affects several aspects of discourse: the constitution of the subject, the status of knowledge, the nature of representation, and what that representation represses (gender, power). Yet there has been a tendency to graft the other onto paradigms whose main purpose is to reassess questions of identity, fundamentally in terms of representation; the other thus loses some of its most crucial features. Through close readings of texts by Heidegger, Levinas, and Blanchot the book examines how the question of the other engages the very limits of philosophy, rationality, and power. (shrink)

Women's alienation seems to cling to their bodies like destiny. But what is a woman? An absurd question if ever there was one, since a man's virility seems so self‐evident that it would never occur to him to wonder what makes him a man. As a man, he is both the positive and the neuter term representing all humanity, while doubt is permitted in the case of woman, the negative pole whose elusive “femininity” we continue to pursue. In fact, the (...) problem comes from elsewhere because “Only the mediation of another can constitute an individual as an Other.” But what is the Other? This is a question we have not gotten beyond. The absolute Other might be the Black woman encountered in Africa, whom Simone de Beauvoir mentions in Letters to Nelson Algren. (shrink)

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated (...) moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism. (shrink)

This research analyzes the overall arrest histories of persons aged 18-34 convicted for weapon-related deer spotlighting in Virginia during 1997 and 1998. Deer spotlighting, or "freeze-killing," is a specific form of deer poaching involving shining a deer with a spotlight for an easier kill. Defined as unsporting, freeze-killing constitutes animal abuse. This study isolated and compared arrest rates of white males - 90% of the sample in the present research - with estimated rates of a cross-sectional national sample of the (...) same race-sex-age combinations. Results showed that about two in five freeze killers had been arrested, more than one in five for a crime of violence. Freeze-killers had almost twice the rate for violent crime and almost three times the rate for property crime as the control group - after accounting for age and for the time at risk of arrest. The findings' direction is consistent with the recent literature and a "generality of deviance" approach, and support an earlier call to expand hypotheses about animal abuse to include other criminal correlates in addition to violence. (shrink)

Being is evil not because it is finite but because it is without limits (TO 51). This extraordinary declaration no doubt marks the rather hidden center of a work (dating from 1946–47) that is seminal, in any case essential, because it constitutes, in the same way as the brilliant 1951 article “Is Ontology Fundamental?” one of the irrevocable decisions that helped Levinas to become what he was: the greatest French philosopher since Bergson and also the first phenomenologist who seriously attempted (...) to free himself from his provenance, which is to say, from Heidegger. (shrink)

The adopted directedness of Western thinking to the visible and visibility as the Platonist heritage has been explored frequently enough; the issue of how to reflect upon the crisis of this directedness through philosophy of language has been tackled in the last third of the 20th century primarily by means of hermeneutic theory. Reflecting the status of thinking and human constitution of the world as a whole in their dependence on language, which followed the hermeneutic requirement for universality, has led (...) to an attempt to free the sphere of “listening to language” in its world-constitutive meaning from its almost millennial suppression. By doing so, hermeneutics would regain its fundamental “acroamatic” dimension. It is a process determined by its penetration into the concealed depths of the Western philosophy of language and science. (shrink)

Within feminist theory and a wide range of social sciences, intersectionality has emerged as a key analytic framework, challenging paradigms that consider gender, race, class, sexuality, and other categories as separate and instead conceptualizing them as interconnected. This has led most authors to assume mutual constitution as the pertinent model, often without much scrutiny. In this essay we critically review the main senses of mutual constitution in the literature and challenge what we take to be a problematic assumption: the (...) problem of reification, here understood as the conceptualization of social categories as entities or objects. We then present the properties framework, together with the emergent experience view, which conceptualizes categories and social systems in a way that maintains their ontological specificity while allowing for their being deeply affected by each other. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. (...) I argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

Francis Ingledew's impressive recent article in this journal argues the following: that the Trojan historiography produced by secular clerics for Norman lords and English kings is characterized by the defining features of the Virgilian philosophy of history . Even if the “Book of Troy” is “irreducible … to any single work,” Geoffrey of Monmouth's Historia regum Britanniae may be taken to be exemplary of it, since Geoffrey's “book is the effective mastertext of the new rendering of the historical field.” In (...) this article I set aside my agreement with the broad thrust of Ingledew's argument; instead I want to qualify it in two ways. In the first place, I question whether the template of the Aeneid can be used quite so straightforwardly for Galfridian material. More importantly, I question the notion of one “Troy Book.” There is another version of the “Troy Book,” that of Guido delle Colonne's Historia destructionis Troiae, translations of which constitute a significant body of English vernacular writing in the fourteenth and fifteenth centuries. This tradition is resolutely anti-imperialistic in every way. Even if works in this tradition were written for aristocratic readers, they were pitched from a clerical position that stood opposed to imperial enterprise. I make each of these points by looking back to English narratives in the Guido tradition from the vantage point of Gavin Douglas's early-sixteenth-century translation of the Aeneid, his Eneados. (shrink)

This essay puts in conversation some of Seyla Benhabib’s insights about exiled, stateless and migrant populations with ongoing discussions in critical race theory about the racial exclusions of indigenous populations and populations of colour not only in the foundations of Western modern states but also in their contemporary functioning today. The essay locates these exclusions not only in the failures of states but also in their proper functioning, that is, in their very design and constitutive structures, focusing for this purpose (...) on what is described as constitutive exclusions. The essay argues that the relationship between legal agency and social and political agency needs further articulation within Benhabib’s jurisgenerative politics in order to properly address constitutive exclusions. (shrink)

This essays takes up the question whether the self constitutes the other (as Husserl believed) or whether the other institutes the self (as Levinas argues). It examines how Derrida’s concept of testimony and his work on the structure of the sign, leads us away from this debate into a necessary openness to plurality or community.

This paper is about the interconnectedness of the realm of language with that of social interactions, constitutive of all human communities. Arguing against the traditional and still present primacy of the rationally based understanding of language, I wish to stress the possibility of another approach to language, strongly related to the question of the Other. Relying on the idea that the Other is a constitutive part of any linguistic situation, I wish to inspect how it is possible for (...) the voice of the Other to be suppressed or silenced, and if that is the case, how we should understand the silence of the Other. The main result of my findings is that the silence of the Other is not only meaningful, but that it can have positive social and political effects, including the enhancement of the sensitivity for the various modalities of the voice of the Other. (shrink)

Emmanuel Levinas is one of the most important figures of twentieth-century philosophy. Exerting a profound influence upon such thinkers as Derrida, Lyotard, Blanchot, and Irigaray, Levinas's work bridges several major gaps in the evolution of continental philosophy -- between modern and postmodern, phenomenology and poststructuralism, ethics and ontology. He is credited with having spurred a revitalized interest in ethics-based philosophy throughout Europe and America. _Entre Nous_ is the culmination of Levinas's philosophy. Published in France a few years before his death, (...) it gathers his most important work and reveals the development of his thought over nearly forty years of committed inquiry. Along with several trenchant interviews published here, these essays engage with issues of suffering, love, religion, culture, justice, human rights, and legal theory. Taken together, they constitute a key to Levinas's ideas on the ethical dimensions of otherness. Working from the phenomenological method of Edmund Husserl and Martin Heidegger, Levinas pushed beyond the limits of their framework to argue that it is ethics, not ontology, that orients philosophy, and that responsibility precedes reasoning. Ethics for Levinas means responsibility in relation to difference. Throughout his work, Levinas returns to the metaphor of the face of the other to discuss how and where responsibility enters our lives and makes philosophy necessary. For Levinas, ethics begins with our face to face interaction with another person -- seeing that person not as a reflection of one's self, nor as a threat, but as different and greater than self. Levinas moves the reader to recognize the implications of this interaction: our abiding responsibility for the other, and our concern with the other's suffering and death. Situated at the crossroads of several philosophical schools and approaches, Levinas's work illuminates a host of critical issues and has found resonances among students and scholars of literature, law, religion, and politics. _Entre Nous_ is at once the apotheosis of his work and an accessible introduction to it. In the end, Levinas's urgent meditations upon the face of the other suggest a new foundation upon which to grasp the nature of good and evil in the tangled skein of our lives. (shrink)

Japan has absorbed many western ideas since the late nineteenth century, but Japanese philosophers have often been reluctant to accept the western idea of the “I” in its entirety. The I transgresses to the Other more easily than western philosophies think and imports what belongs to the Other as his own. How is this possible? Husserl attempted to explain the constitution of the Other by the intentionality that goes from the I to the Other, mediated by (...) the body. However, Husserl later discovered that the constitution of both the I and the Other is more of a two-way movement. This double-movement is essential for all constitutions and departs from a deep (primal) dimension that is not yet egological. Even in the self-reflection of the I, a similar double-movement between the primal and egological dimensions can be seen. The I is supported, but at the same time threatened, by this movement. (shrink)

The paper examines some arguments for and against the view that practical reasons are subject to a participatory condition of some kind. The distinctive constitutive element of participatory conditions is that conduct or attitudes, actual or hypothetical, of people other than those who have a reason, expressing approval or the absence of disapproval of the reason in question, are a condition for the existence of practical reasons, or of large classes of them. -/- .

In this article I explore love's relation to gendered power asymmetries by comparing Anna Jónasdóttir's, Jessica Benjamin's and Teresa Brennan's respective theorizations of this theme. Despite the considerable differences between these feminist frameworks, they can all be read in terms of what I call the figure of the Dominant and its Constitutive Other. This refers to the contradictory relation whereby the powerful and ‘independent’ existence of the one is premised on that which is other to it, as well (...) as on the denial and obscuring of this constitutive dependence. Via a dialogue with critical realist and metaReal themes I move from a concern with how the feminine ‘Other’ tacitly constitutes the masculine Dominant through practices of love, to thematizing the basic stratum of being as the constitutive Other of the oppressive economy of love. The structure of the self emerges as a central organizing principle in the oppressive relations considered, and the article explores what might be a non-violent mode.. (shrink)