Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological (...) descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the· United States and Can ada, his philosophical standing in his own country has been largely eclipsed! by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable. (shrink)

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

The paper outlines Schutz’s phenomenology of law in the context of the transformation of positivistic practices in a post-totalitarian society. His major contribution is seen in the disentanglement of social phenomena from any form of naturalness by incorporating the dimension of meaning and interpretation into them. This philosophical gesture is made possible by renouncing any theory of transcendent ground(s) of a pre-formed order (Section 1) and leads to an interpretive concept of law, in which the reciprocity of perspectives play (...) the major role. The conclusions are pointing toward a phenomenological concept of law able to take our freedom seriously. (shrink)

The goal of the text is to reconstruct the concept of cultural normativity found in the phenomenological philosophy of law. The starting point of the text is the distinction between cultural normativity and normativity in culture. This distinction is based on reference to an extra-cultural, but not non-human instance – transcendent to the creations of humanity and its world, but in relations with the human equipment, with the characteristics of a specific human being and its existence. The specific relations between (...) cultural and legal normativity can be found in phenomenological concepts of law, which draw on the Husserlian transcendentalism and essentialism. The phenomenology of law attempts to answer the question of the sources, and the ontological and epistemological status of normativity as such. Normativity as a written and unwritten set of norms is characterized by phenomenologists with reference to value and axiology. The values are assumed by them as certain fixed reference points (“horizon of values” given to be recognized), because norms make it possible to establish rules for various individual and collective practices within a particular community and culture on the basis of values. (shrink)

The aim of the article is to characterise and analyse Paul Amselek’s research approach to legal hermeneutics. The text provides an outline of Amselek’s assumptions and theses about legal interpretation, considered in the broad context of hermeneutics, and in the narrower context of legal logic and argument. In point of fact, one of the methodological aims of Amselek’s philosophical reflection is to harmonise the two indicated contexts for framing interpretation — the wide context of hermeneutics, and the more narrow context (...) of legal logic and argument. Amselek refers to issues in communication theory, reaching beyond the hermeneutic concept of text interpretation and evocation of the original authorial intention. He analyses the legal text-message in its content and argument layers, he also endeavours to specify the methodological possibilities of interpreting the attitudes and motivations of subjects — participants in communication situation. He also inquires about the ethical attitudes of jurisdiction authorities, performing the interpretation of a body of law — the subjects responsible for lawmaking and the execution of law. Adopting post-Enlightenment anthropological assumptions, Amselek accepts the primacy of rationality in cognition, decision making, and activity of the human individual. However, in his considerations on interpretation he concurrently underscores the role of affective factors, motivating many choices and actions made by legal subjects. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

Idealist philosopher Georg Hegel defied the traditional epistemological distinction of objective from subjective and developed his own dialectical alternative. Remarkable for its breadth and profundity, this work combines aspects of psychology, logic, moral philosophy, and history to form a comprehensive view that encompasses all forms of civilization. Its three divisions consist of the subjective mind (dealing with anthropology and psychology), the objective mind (concerning philosophical issues of law and morals), and the absolute mind (covering fine arts, religion, and philosophy). Wide-ranging (...) in its influence, this survey of the evolution of consciousness is essential reading for all students of philosophy and history. (shrink)

Ronald Dworkin states in his preface to “Law's Empire” that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary (...) for law, and that is a Phenomenology of the Pre‐Legal. (shrink)

This chapter contains sections titled: Endnotes.

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

Most people are familiar with Justice Stewart's now classic statement that while he cannot describe pornography, he certainly knows it when he sees it. We instantly identify with Justice Stewart. Pornography is not difficult to recognize, but it does elude description. This is because traditional attempts at description are attempts that seek to explain at either an abstract or empirical level rather than at the level that accounts for experience in its totality. Justice Stewart's lament represents the need to understand (...) the subjective experience of pornography and cease trying to explain it in purely objective terms. Much feminist literature in general and Catharine MacKinnon's work in particular seeks to do just this. MacKinnon argues that pornography should not be explained in familiar First Amendment freedom-of-expression terms, but rather in terms of the actual sexual abuse it constitutes in experience. Then, and only then, are we able to select the appropriate legal remedy. This essay suggests that MacKinnon's position not only needs the support of a non-traditional philosophical approach, but has one readily available in the phenomenology of philosopher Edmund Husserl. (shrink)

Most people are familiar with Justice Stewart's now classic statement that while he cannot describe pornography, he certainly knows it when he sees it. We instantly identify with Justice Stewart. Pornography is not difficult to recognize, but it does elude description. This is because traditional attempts at description are attempts that seek to explain at either an abstract or empirical level rather than at the level that accounts for experience in its totality. Justice Stewart's lament represents the need to understand (...) the subjective experience of pornography and cease trying to explain it in purely objective terms. Much feminist literature in general and Catharine MacKinnon's work in particular seeks to do just this. MacKinnon argues that pornography should not be explained in familiar First Amendment freedom-of-expression terms, but rather in terms of the actual sexual abuse it constitutes in experience. Then, and only then, are we able to select the appropriate legal remedy. This essay suggests that MacKinnon's position not only needs the support of a non-traditional philosophical approach, but has one readily available in the phenomenology of philosopher Edmund Husserl. (shrink)

Making use of Kafka's The Trial, this book explores the theory behind modern legal discourse. In order to investigate the subject the author explores a range of questions: how and why does the legal discourse of a modern state conceal the experienced meanings of a non-knower; if one has been harmed, does the legal discourse recognize the harm; does the harm sometimes slip through the juridical categorizations; if recognized, is the harm re-presented through a vocabulary, grammar and gestural style which (...) are familiar to the expert knowers but not to the person harmed? (shrink)

_ Source: _Volume 46, Issue 3, pp 426 - 439 The concept of _flesh_ had a very short and fragmented career in the writings of Jacques Derrida, appearing as such in central arguments only in his reading of Antonin Artaud from 1965 and in an interview with Jean-Luc Nancy from 1988. By exposing and exploring several implicit discussions of flesh in Derrida’s juridico-political texts from the 1990s, this paper outlines the conceptualization of flesh implicit in Derrida’s work and, consequently, argues (...) that this conceptualization is more coherent and significant than it may first appear. Based on this, and drawing on an argument between David Wood and Matthew Calarco about the relation between deconstruction and vegetarianism, I go on to argue that the Derridean concept of flesh offered here puts us in a better position to understand and solve some of the discrepancies and inconsistencies of Derrida’s famous attempts to answer his own “question of the animal” in his later writings. (shrink)

Recently several thought experiments have been developed (by John Carroll amongst others) which have been alleged to refute the Ramsey-Lewis view of laws of nature. The paper aims to show that two such thought experiments fail to establish that the Ramsey-Lewis view is false, since they presuppose a conception of laws of nature that is radically at odds with the Humean conception of laws embodied by the Ramsey-Lewis view. In particular, the thought experiments presuppose that laws of nature govern the (...) behavior of objects. The paper argues that the claim that laws govern should not be regarded as a conceptual truth, and shows how the governing conception of laws manifests itself in the thought experiments. Hence the thought experiments do not constitute genuine counter-examples to the Ramsey-Lewis view. since the Humean is free to reject the conception of laws which the thought experiments presuppose. (shrink)

Most people are familiar with Justice Stewart's now classic statement that while he cannot describe pornography, he certainly knows it when he sees it. We instantly identify with Justice Stewart. Pornography is not difficult to recognize, but it does elude description. This is because traditional attempts at description are attempts that seek to explain at either an abstract or empirical level rather than at the level that accounts for experience in its totality. Justice Stewart's lament represents the need to understand (...) the subjective experience of pornography and cease trying to explain it in purely objective terms. Much feminist literature in general and Catharine MacKinnon's work in particular seeks to do just this. MacKinnon argues that pornography should not be explained in familiar First Amendment freedom -of-expression terms, but rather in terms of the actual sexual abuse it constitutes in experience. Then, and only then, are we able to select the appropriate legal remedy. This essay suggests that MacKinnon's position not only needs the support of a non-traditional philosophical approach, but has one readily available in the phenomenology of philosopher Edmund Husserl. (shrink)

The law consists of both internal and external rules, but in both cases they regulate the behaviour of the subjects towards each other. This can be viewed from a phenomenological perspective in the sense that people have a drive to make sense of their world, and the rules that are developed essentially enable them to relate to the world in this way. If anything interferes with this drive, then it causes peoples’ existential upset. That is why the state both enforces (...) these rules between its own nationals, but also with regards to the outsiders. However, in doing so, the state must also be mindful of ensuring that it interprets the rules fairly. If it does not do so, then this may negate the purpose of law by causing the existential unrest. Although in the past this may have been done on a national basis, in that it has been necessary to maintain just the national values of a state in order to ensure that people could lead their lives, globalisation has altered the identity of people. They are no longer just national citizens, but also global citizens, and are increasingly relying on global values to fulfil their existential nature. (shrink)

The decline of classical epistemology on unity-identity-totality shows it becomes more urgent to leave formal conventionalism behind, and to use a new diverging language. Every scientist must feel the emotion of the beginner. Nevertheless, we must not have illusions. Pure observation does not exist. Moreover, there are no laws that can remove the asymmetries of a system. The knowledge and scientific practice free themselves from the obsession of clarity, of linearity and from the idea of evolution that follows and precedes (...) through pre-determined ways and versions. What we need is a multiple, connected intellection that allows us to look at science and at the world without the distorting effect of ingenuous methodologies and classifications that, if on the one hand put us at our ease, on the other hand keep us from the knowledge of things. (shrink)

The aim of the paper is to reconstruct the theoretical background and practical meaning of the so called war writings which emerged within the phenomenological movement during the First World War. The author exemplifies it by researching the works of two German representatives of this movement, Max Scheler and Kurt Stavenhagen. He focuses on their application of the phenomenological method to the analysis of Russian national identity, and historical as well as cultural foundations of Russian state. The paper’s main thesis (...) is that the politicization and militarization of phenomenology consisted in both “personalization” and “sociologization” of the phenomenological approach to the problem of the state. While interpreting Scheler’s personalism as an exemplification of the approach to the state as a problem of social ontology, the author reconstructs the theoretical conditions of analyzing the Russian imperial state in terms of the “world.” The focus of the paper is particularly on the phenomenology of, as Scheler put it, Russian collective personality and Russian national consciousness or “soul” as well as on the question of legitimacy of Ukrainian resistance against Russian imperialism. (shrink)

The topic of laws of nature provides a kind of Rorschach test for philosophy. Some philosophers see in laws only Humean regularities; others see a kind of physical necessity; others see a necessity closer to logical necessity; others see expressions of causal powers; others see inference tickets; still others see relations between universals; ... ; and some see only a messy inkblot. We can also perform a meta-Rorschach test on the results of the first test. When van Fraassen and I (...) submit ourselves to this meta-test we both recoil with shock and horror. Where we differ is in drawing morals from this un- pleasant experience. For me the opprobrium falls mainly on the way philos- ophy is practiced. For van Fraassen, the disgrace also touches the practice, but for him the source is the rottenness of the concept of laws. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...) a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

The paper presents an account of suffering as a multi-level phenomenon based on concepts such as mood, being-in-the-world and core life value. This phenomenological account will better allow us to evaluate the hardships associated with dying and thereby assist health care professionals in helping persons to die in the best possible manner. Suffering consists not only in physical pain but in being unable to do basic things that are considered to bestow meaning on one’s life. The suffering can also be (...) related to no longer being able to be the person one wants to be in the eyes of others, to losing one’s dignity and identity. These three types of suffering become articulated by a narrative that holds together and bestows meaning on the whole life and identity of the dying person. In the encounter with the patient, the health-care professional attempts to understand the suffering-experience of the patient in an empathic and dialogic manner, in addition to exploring what has gone wrong in the patient’s body. Matters of physician assisted suicide and/or euthanasia—if it should be legalized and if so under which conditions—need to be addressed by understanding the different levels of human suffering and its positive counterpart, human flourishing, rather than stressing the respect for patient autonomy and no-harm principles, only. In this phenomenological analysis the notions of vulnerability and togetherness, ultimately connecting to the political-philosophical issues of how we live together and take care of each other in a community, need to be scrutinized. (shrink)

This article adopts Husserl’s transcendental phenomenology to explore the complex relationship between patients and physicians. It delves into the coexistence of two distinct voices in the realm of medicine and health: the “voice of medicine” and the “voice of life-world.” Divided into three sections, the article emphasizes the importance of shifting from a scientific-medical attitude to a more personalistic approach in physician–patient interactions. This shift aims to prevent depersonalization and desubjectification. Additionally, it highlights the equal and irreducible nature of (...) patients while acknowledging the vital role physicians hold in the realm of illness. The article stresses the need for a balanced and equitable relationship between both parties, rooted in the shared life-world. Moreover, empathy is underscored as a crucial element in fostering meaningful dialogue, wherein understanding diverse perspectives and attitudes towards illness is paramount. The article argues that differences between patients and physicians are necessary for empathy, while shared similarities form its foundation. Ultimately, a harmonious relationship facilitates empathy and enables the constitution of a new sense of life for both patients and physicians. (shrink)

Phenomenology of illness has grown increasingly popular in recent times. However, the most prominent phenomenologists of illness defend a psychologizing notion of phenomenology, which argues that illness is primarily constituted by embodied experiences, feelings, and emotions of suffering, alienation etc. The article argues that this gives rise to three issues that need to be addressed. (1) How is the theory of embodiment compatible with the strong distinction between disease and illness? (2) What is the difference between problematic embodiment (...) and illness? (3) How is existential edification, that illness can give rise to according to the phenomenologists, to be understood? The article then engages in an analysis of Heidegger’s and Waldenfels’ phenomenology with the ambition of developing a notion of existence, which can transgress the psychologization of illness. Rather than arguing that illness is constituted by experiences of suffering and alienation, it emphasizes that broaches upon conatively guided activities constitute illness. (shrink)