Beyond geometry : Leibniz and the science of law -- The force of law : will -- Leibniz's systema iuris -- From the gesetzbuch to the landrecht : the ALR and the triumph of legality -- The rule of law : the Crown Prince lectures and the grounding of legality in order and security -- From reason to history : Savigny's system and the rise of social legal science -- The Bürgerliches Gesetzbuch (BGB) of 1900 : positive legal science and (...) the end of justice. (shrink)

Domino's Pizza is testing “Domicopter” drones to deliver pizzas, which will compete with Taco Bell's “Tacocopter” drones. Not to be outdone, Amazon is working on an army of delivery drones that will cut out the postal service. In Denmark, farmers use drones to inspect fields for the appearance of harmful weeds, which reduces herbicide use as the drones directly apply pesticides only where it is needed. Environmentalists send drones into glacial caves or into deep waters, gathering data that would be (...) too dangerous or expensive for human scientists to procure. Federal Express dreams of pilotless aerial and terrestrial drones that will transport goods more cheaply, reliably, and safely than vehicles operated by humans. Human rights activists deploy drones over conflict zones, intelligently searching for and documenting abuses for both rhetorical and legal purposes. Aid agencies send unmanned drones to villages deep in jungles or behind enemy lines, maneuvering hazardous terrain to bring food and supplies to endangered populations. Medical researchers are experimenting with injecting drone blood cells into humans that can mimic good cholesterol carriers or identify and neutralize cancerous cells. Parents in Vermont are using flying drones to accompany children to school, giving a whole new meaning to helicopter parenting. And Pilobolus, a New York dance company, has choreographed a dance in which drones and humans engage each other in the most human of acts: the creation of art. (shrink)

Hannah Arendt is recognized as one of the most important political theorists of the 20th century. This paper, however, suggests that she is as much a thinker as a theorist. Against the professionalized discourse of political theory that offers theories of democracy, citizenship, and liberalism, Arendt insists that political thinking is of more importance that political theory. The force of Arendt's political insight is that we court danger when we take thinking for granted. Against the worship of reason and rationalized (...) calculation that dominates political discourse, Arendt holds up an idea of thinking that sets up obstacles to hasty and thoughtless action. The paper develops Arendt's particular articulation of what it calls Arendt's activity of thinking. (shrink)

Abstract: This paper reflects on the political importance of the activity of thinking and suggests that Arendt's space of politics may not be limited to its traditional abode within the public realm. Beyond the public realm of politics, Arendt's defense of political action requires attention to the private as well. What has been overlooked amidst all the attention to Arendt's defense of the public realm of politics over and against the rise of the social is her equally strong insistence upon (...) a vibrant and secure private realm where active thinking is possible. Arendt's private realm is a space of solitude that is the necessary prerequisite for the activity of thinking. Indeed, it is solitude that nurtures and fosters thoughtfulness and thus prepares individuals for the possibility of political action. To create a meaningful politics amidst the loneliness of the modern world, Arendt suggests, requires solitude, which she sees as the cradle of thinking. (shrink)

Hannah Arendt's The Human Condition is frequently read as offering a “theory” of what it means to be human. But the bite of Arendt’s book is to think through the transformation of the human condition in the modern age. She argues that the rise of a scientific worldview fundamentally alters the earthly and worldly conditions in which human beings live. Since humans are conditioned beings, the change from our pre-modern subjection to fate to our modern human capacity to create a (...) humanly built world threatens a fundamental shift in human being. The transformation Arendt describes is the loss of our human plurality to a technological singularity. She argues, however, that we can choose to hold on to our humanity if we persist in thinking, and thus preserve our human spontaneity and freedom. (shrink)

Hannah Arendt's The Human Condition is frequently read as offering a “theory” of what it means to be human. But the bite of Arendt’s book is to think through the transformation of the human condition in the modern age. She argues that the rise of a scientific worldview fundamentally alters the earthly and worldly conditions in which human beings live. Since humans are conditioned beings, the change from our pre-modern subjection to fate to our modern human capacity to create a (...) humanly built world threatens a fundamental shift in human being. The transformation Arendt describes is the loss of our human plurality to a technological singularity. She argues, however, that we can choose to hold on to our humanity if we persist in thinking, and thus preserve our human spontaneity and freedom. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Approaching Infinity:Dignity in Arthur Koestler's Darkness at NoonRoger BerkowitzIn his allegorical novel Darkness at Noon, Arthur Koestler tells of Rubashov, a founding father of an unnamed Party in an unnamed state.1 Jailed by the current Party leader, "Number One," and pressed to recant his deviationist views, Rubashov resists. At first, he resolves to go to his death to preserve his integrity. Later, Rubashov recognizes that to hold to his (...) own truth when it endangers the goals of political reform is politically irresponsible. He decides to recant.The aristocratic soldier in the neighboring cell is appalled by Rubashov's self-betrayal. "Honour," the aristocrat insists, "is to live and die for one's belief." Rubashov disagrees with the aristocratic idea of honor and responds that honour is "to be useful without vanity," which provokes his neighbor to erupt: "honour is decency—not usefulness." Rubashov answers: "We have replaced decency by reason" (Koestler, pp. 177–78).Today, we rationalist readers of Darkness at Noon are left with the question of the competing demands of usefulness and decency, of reason and dignity. Reason makes its arguments in familiar terms: to prevent a genocide, we will bomb the aggressors; in the name of rationalized health care, some will not get the care they need; for reasons of state, some will be tortured. In politics, as Max Weber teaches, rational ends demand a slow, powerful boring through of hard boards (Weber, p. 93).2 Thus reason—and Koestler unfolds reason as calculating rationality in its most Machiavellian garb—requires the willingness to employ sober and rational means to achieve desired ends. In common parlance, the end justifies the means. Against the nostalgia for a politics of decency [End Page 296] and dignity, reason counsels that to make an omelet, you need to break a few eggs.But what lies behind the opposing claim to decency? What is it that pulls us to resist the claim of reason when reason counsels war, torture, or even bureaucratic neutrality? What, to paraphrase Hannah Arendt, is to be said for the eggs? (Arendt, pp. 270–84).3We may invoke conscience, duty, and decency. We might invoke civil and human rights. We condemn realpolitik and affirm a Judeo-Christian world order. In short, we invoke the dignity of man and affirm one's humanity as an inalienable core that cannot be breached. The limitations of such invocations are by now clear. At a time of recurrent genocides, democratically sanctioned torture, and suicide bombings of civilians, the stirring claims of the dignity of mankind ring hollow. Yet the collapse of the Western tradition of dignity does not necessitate the loss of dignity itself. The failure to secure dignity on religious or rationalist grounds need not send us fleeing, our eyes covered in horror and our heads between our legs. What is needed is a confrontation with our situation, one that seeks to comprehend both the impulse to affirm an inviolable core to humanity and our failure to do so.The ambition of Darkness at Noon lies in its bald effort to affirm the truth of human decency even as it recognizes that man's humanity is a bald-faced fiction. When Rubashov teeters on the precipice between reason and decency, his "eye" tooth aches. He rubs his eyeglasses. He steps only on whole squares in the floor, avoiding the cracks. Tooth, glass, and wholeness refer to the problem of the singular "I," an entity so mysterious that Rubashov follows Nietzsche in naming it the "grammatical fiction." What is the "I," the conscience, the self? How is it that the fictional "I" can and must have such an essential role in modern politics? Where, if anywhere, lies the relevance of the "I" for politics?Darkness at Noon is acclaimed as one of the most important books of the twentieth century—it is number eight on the Modern Library's list of the Hundred Best Novels of the twentieth century. Yet, given its enormous impact, its philosophical ruminations, and its political theme, the novel has garnered surprisingly little academic consideration. It is worth asking, therefore, why Darkness at Noon has not been taken seriously by the academic... (shrink)

This Article explores the unacknowledged impact of the scientific provenance of modern law. Justice, I argue, is threatened by social scientific thinking that subordinates justice to legitimacy, efficiency, and fairness. In doing so, I show that the power of the asserted connection between positive law and democracy depends upon a dangerous blurring of the distinction between justice and legitimacy. Finally, I offer an alternative genealogy of positive law that shows modern law to have been transformed into a science. My hope (...) is that by pointing to the threatened loss of justice as an ideal, my work can help to hold open the possibility that law reclaim its foundation in the art of judgment instead of the science of law. (shrink)

This paper looks to Hannah Arendt's thinking about freedom and revolution to shed light on the "revolutionary jurisprudence" of South African Constitutional Court Justice Laurie Ackermann. As Arendt understands it, revolution is the coincidence of the idea of freedom and the experience of a new beginning. Arendt insists that only a government that harbors the revolutionary spirit can secure a stable space for freedom in the modern world. In asking what institutional spaces of exist that might preserve a space of (...) freedom in modern society, Arendt settles upon the Constitution and its institutional Praetorian guard, the Supreme Court. And yet, Arendt argues that the democratic and scientific trends have eroded the Supreme Court's freedom have threatened to eradicate freedom from the American public sphere. The paper looks to Justice Ackermann's jurisprudence as a way to reinvigorate Constitutional jurisprudence as a space for freedom. (shrink)

Sholom Schwartzbard killed Simon Petlura in an act of revenge. He admitted his crime and a French jury acquitted him in 1927. For Hannah Arendt, Schwartzbard’s actions show that revenge can, in certain circumstances, be in the service of justice. This paper explores Hannah Arendt’s distinction between reconciliation and revenge and argues that Hannah Arendt embraces revenge as one way in which politics and justice can happen in the world, but only under certain conditions. First, Arendt only endorses revenge when (...) the crime calling forth vengeance is extraordinary, one that bursts the bounds of traditional legality. Second, the avenger must give himself up for judgment to the legal system, asking a jury to judge whether his extraordinary act was just even though it wasillegal. These are strict conditions and will only rarely be met. When they are, revenge can be a profoundly political act in the service of justice, one that can restore a broken political order. (shrink)

The essays in this volume delve deeper into the cultural and intellectual foundations, philosophical ideas, political traditions, and economic movements that underlie the greatest financial crisis in nearly a century.

The Perils of Invention is based on three Hannah Arendt Center Conferences: "Human Being in an Inhuman Age," "Lying and Politics," and "Truthtelling: Democracy in an Age without Facts." Contributions written for these conferences are placed alongside many new essays that reflect on the ideas they raised. The result is a freshly invigorated investigation into these critical and timely themes. The authors have diverse backgrounds--Arendt scholars, public intellectuals, novelists, journalists, and business people--and include Uday Mehta, Marrianne Constable, Nicholson Baker, George (...) Kateb, Marianne Constable, Linda M.G. Zerilli, Peg Birmingham, Davide Panagia, and many others. (shrink)