In this book, George Schedler offers moral and legal perspectives on two legacies of the Civil War: the adoption of the Confederate flag by Southern states and the question of African American reparations. Schedler's analysis of reparations focuses on the principle that whatever the enslaved would have earned and enjoyed had they not been enslaved should determine compensation.

This article examines the role of commemorative processes as a form of symbolic reparation and their potential use in deeply divided societies. After discussing definitions and contexts of symbolic reparation, it will then explore the tensions inherent in this process as it speedily encounters hybridisation, the construction of narratives of ethnic identity and the political contestation of memory in deeply divided societies. An overarching question will be how symbolic reparation might meaningfully allow for the seeding of human (...) rights norms and values in divided societies, and thus aid the recasting of both inter-communal relations and engagement between citizen and state. (shrink)

In the present chapter I try to determine to what extent the public policies adopted by Romanian governments following the fall of the communist regime contributed to alleviating the most egregious past injustice, the Holocaust. The measures taken for memorializing the Holocaust will be analysed through the lens of a mixed reparatory justice – relational egalitarian account. Employing such a framework entails a focus on symbolic reparations, meant to promote civic trust, social solidarity, and encourage the restoration of (...) social and cultural capital in societies affected by historical injustices. Such symbolic reparations can include public atonement, changing street names, establishing memorials, funding museums, including Holocaust study in the national curriculum, setting national days for the commemoration of the Holocaust, etc. The need for symbolic reparation has become increasingly clearer in the literature on Holocaust memorialization, and the present paper intends to go a step further, by providing researchers with a theoretical approach that can be used to make better sense of the effects of measures taken as part of the process of Holocaust remembrance. In the chapter I also address the issue of determining who the duty-bearers should be. I argue that there could be several indicators for reparatory justice, including in this case compensation programs and the establishment of institutions that would allow dialogue between descendants of the victims and descendants of the perpetrators, a sine qua non condition for restoring social trust in communities marked by violations of human rights, especially of such a scale as the Holocaust. (shrink)

It is commonly accepted that former European colonising states ought to make reparations for the many harmful legacies of colonialism. I defend an undertheorised case for migration as reparation for one harmful legacy of colonialism in particular, that of exploitation. Making reparations for the harmful legacy of colonial exploitation requires, among other measures, a redistribution of wealth from former colonising states to their former colonies, and for former colonising states to make symbolic reparations, acknowledging the wrong (...) of exploitation. Often it is assumed that the reparative redistribution can occur through in situ monetary transfers, and that symbolic reparations can involve measures such as apologies. But I highlight an overlooked additional option that should be added to the reparative package: migration rights. Firstly, migration would constitute material reparations, as it is well established that migration from poorer to richer states is an effective mechanism of redistributing wealth, both to the individuals who migrate, but also to those who choose not to migrate through remittances. Secondly, offering postcolonial migrants not only the right to work in their former colonising states, but substantive rights, including immediate access to public funds, would be a powerful means of making symbolic reparations, of former colonising states acknowledging that their key institutions are funded with colonially extracted wealth. (shrink)

This article proposes a normative theory of reparations for political violence from the standpoint of contemporary critical theory debates on recognition and redistribution. I argue that any satisfactory reparations theory should aspire to ‘status parity’, a term coined by Nancy Fraser, and should include symbolic and material components for both individuals and groups. The essay argues that reparations can promote a number of worthy goals, including the reaffirmation of moral respect and dignity of victims.

This paper assesses recent trends in international law regarding the availability and character of reparations. Presently, reparations issues have arisen particularly in domestic societies searching for transitional justice in the aftermath of authoritarian rule. These issues are shaped by national legal systems, but are also influenced by international practice. In these transitional settings, the search for justice is affected by political preoccupations such as the persistent influence of displaced prior authoritarian leadership as well as by real and alleged (...) limitations on the financial capabilities of transitional states. No general approach can address the interplay between national and international law at this stage. Reliance must be placed on a case by case approach, considering matters of context such as the degree of suffering and disability inflicted on particular categories of claimants, the balance of claims versus the State’s demands for resources to fund sustainable and equitable development. Remoteness in time bears on the credibility of the claimants as present victims tend to be given priority over victims in the distant past when assessing relative merits. Scale and selectivity suggests that if the total of claims overwhelms the administrative capacity of the state, there will be a tendency to substitute apology and symbolic gestures for material ones, and award reparations based on individual need associated with the prior deprivation. International law informs background moral and political thinking about reparations, but practical considerations of capability and prudence are decisive in most instances, making the influence of international law indirect and sometimes marginal. (shrink)

: International instruments now defend a "right to the truth " for victims of political repression and violence and include truth telling about human rights violations as a kind of reparation as well as a form of redress. While truth telling about violations is obviously a condition of redress or repair for violations, it may not be clear how truth telling itself is a kind of reparations. By showing that concerted truth telling can satisfy four features of suitable (...) class='Hi'>reparations vehicles, I defend the idea that politically implemented modes of truth telling to, for, and by those who are victims of gross violation and injustice may with good reason be counted as a kind of reparations. Understanding the doubly symbolic character of reparations, however, makes clearer why truth telling is unlikely to be sufficient reparation for serious wrongs and is likely to be sensitive to the larger context of reparative activity and its social, political, and historical background. (shrink)

This essay outlines a normative theory of reparations for transitional democracies. The article situates the theory within current critical‐theory debates on recognition and redistribution, and it argues that any model of reparations should aim to achieve what Nancy Fraser calls “status parity.” Such a model should be conceptualized according to a typology of acknowledgment along one axis (symbolic and material) and a typology of recipients (individual and collective) along the other. I conclude by identifying several key contributions (...) that reparations can make to transitional societies. (shrink)

Cet article se penche sur les rapports entre les politiques de réparation et la perception du temps après un crime de masse. Il cherche à démontrer que les mesures réparatrices prises parfois dans le but de rétablir la justice et le dialogue entre les groupes agissent sur la perception du temps. Elles sont dotées d’un pouvoir de reformulation qui vient modifier la mise en récit du passé, et donc sa perception. Elles contribuent notamment à faire le récit des responsabilités et (...) celui de la souffrance des victimes.Pour le montrer, l’article s’appuie sur un cas, celui des réparations ouest-allemandes destinées à Israël et à la Claims Conference entre 1945 et 1980. Cette période relativement longue permet d’observer un changement dans les modes de réparation : la RFA eut d’abord recours au droit civil, puis au droit pénal, et enfin aux symboles. Chacun de ces modes reformula à sa manière l’histoire des crimes et changea par conséquent la perception du passé qui ne cessa d’évoluer au fil du temps, en intégrant au fur et à mesure davantage le point de vue de la victime. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of (...) the Australian Prime Minister's formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. © Springer Science + Business Media B.V. 2009. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of (...) the Australian Prime Minister’s formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. (shrink)

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title (...) to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”. (shrink)

The Polluter Pays Principle (PPP) states that polluters should bear the burdens as- sociated with their pollution. This principle has been highly contested because of the pu- tative impossibility of considering individuals morally responsible for an important amount of their emissions. For the PPP faces the so-called excusable ignorance objec- tion, which states that polluters were for a long time non-negligently ignorant about the negative consequences of greenhouse gas emissions and, thus, cannot be considered morally responsible for their negative consequences. (...) This paper focuses on the concept of moral responsibility as it appears in the excusable ignorance objection. I claim that this objection stems from a narrow notion of moral responsibility and that a more fundamen- tal notion of moral responsibility would pave the way to overcome it. I show that it should be out of the question whether historical polluters should bear some burdens asso- ciated with climate change because of their historical emissions. The relevant question is which kind of burdens they can legitimately be asked to bear. I argue that this notion of moral responsibility allows us to assign burdens of symbolic reparation, which are at the core of ‘Loss and Damage’ policies. (shrink)

In this paper, we compare reparation policies in Australia and Argentina. We analyse the difference between the reparations given by their respective governments to the Argentinian victims of the ‘Dirty War’ and to the ‘Stolen Generations’ in Australia. The aim of this paper is to compare the experience of victims in Argentina and Australia in relation to reparations to demonstrate that using only one type of reparations, either material or symbolic, is unsatisfactory for victims and does (...) not repair the harm done. We also argue that the timing and the context in which reparations are offered can play a role in the victims’ satisfaction with the governments’ reparation policies. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

"This book explores the relationship between performance and activism in Chile as a form of political expression and citizen participation during the period 2010-2020. Since the student mobilizations of 2006, the social movements that have taken place in Chile are characterized, in many cases, by the appropriation of public space and the political use of the body. This became particularly evident during the social outbreak of October 2019. The social upheaval was accompanied by a cultural explosion, where the arts in (...) all their dimensions played a crucial role as new strategies of collective action. The research proposes two hypotheses about this cultural revolution. Firstly, that this explosion of artistic activism had been fermenting for at least a decade (2010-2020) within the social movements, using performance and art as expressions of collective action. These artistic drivers, catalysts of this cultural revolution, have been mobilized around three fundamental axes of social demands: human rights, education, and feminism. The second hypothesis is that artistic activism in Chile between 2010-2020 emerged to exercise citizenship and strengthen the diversity of cultural identities. Chilean artistic activism today, unlike other historical moments, is a direct expression of citizen participation. It is no longer just artists who contribute to social and protest movements with their work: now, it is the citizens who use artistic expression as a practice of political participation. From an intersectional and feminist perspective, this book is an invitation to study and reflect on the aesthetic and political dimension of performance and its potential to establish justice and symbolic reparation when the State is absent. Furthermore, it incentivises a conversation about the ritual, pedagogical, and visionary dimension of art and its infinite possibilities of expressive and discursive resources. Performance art reimagines possible futures embodying the political demand, always loaded with memory, reclaiming the public space. Performance as the 'art of action' conquers the realm of non-formal education, permeating public space and shaping a Pedagogy of memory and hope." -/- . (shrink)

Inside the Constitutional Court of South Africa hangs Judith Mason’s artwork, entitled The Man Who Sang and the Woman Who Kept Silent, more commonly known as The Blue Dress. Mason created the artwork to commemorate Phila Ndwandwe and Harold Sefola after hearing testimony from the perpetrators of their deaths at the South African Truth and Reconciliation Commission (TRC). In this article I explore how The Blue Dress contributes to the reimagining of human rights culture in South Africa in three key (...) ways. First, the artwork is a symbolic reparation that recognizes the harm suffered under apartheid. Second, the artwork is an alternative record of women’s experiences of sexual violence; experiences which are largely absent from the official TRC record. Third, the artwork is a form of judicial consciousness which keeps the past alive so that a different future can be imagined. I argue that The Blue Dress instantiates an “ethics of responsibility” in post-apartheid human rights discourse. That is, the responsibility to remember past violations of human rights in order to prevent future ones and the responsibility to recognize past triumphs of human rights in order to support future ones. The article draws on seven months of participant observation fieldwork at the Court, which included fifty-four interviews with judges, clerks, staff members, advocates, artists, curators, and visitors, as well as visual and archival research. (shrink)

This paper focuses on the relationship between the individual and the collective dimensions of reparations, highlighting the gaps and confluences between the two by focusing on symbolic reparations. It argues that massive reparations programs leave a disparity between the individual and the collective dimensions of reparations, i.e., between the needs of victims dealing with extreme trauma, and the social and political needs of a transitional society. Through reparations, the victim seeks some sort of reparation, (...) i.e., a psychological state in which they feel adequate amends have been made. However, whether reparation at an individual level has taken place is difficult, if not impossible, to ascertain. The individual and the collective always stand in tension with one another when granting reparations. This dilemma is central to the reparations debate. It is argued that the gap between the micro and macro can be narrowed through a better understanding of the impact of extreme political trauma. Steps can be taken at the social and political level to potentially increase the impact of reparations on individuals as well as the context, process, and discourses surrounding their delivery. (shrink)

In recent years, campaigns across the globe have called for the removal of objects symbolic of white supremacy. This paper examines the ethics of altering or removing such objects. Do these strategies sanitize history, destroy heritage and suppress freedom of speech? Or are they important steps towards justice? Does removing monuments and renaming schools reflect a lack of parity and unfairly erase local identities? Or can it sometimes be morally required, as an expression of respect for the memories of (...) people who endured past injustices; a recognition of this history's ongoing legacies; and a repudiation of unjust social hierarchies? (shrink)

Firms have traditionally responded to environmental violations by increasing information disclosure and/or communication to manage stakeholder perceptions. As such, these approaches may be symbolic in nature, with no genuine intention to improve the environment. We draw from restorative justice grounded in stakeholder theory and explore a relatively new approach in the form of supplemental environmental projects aimed at restoring the environment, and empirically examine the role of corporate governance in firms’ decisions to undertake reparative actions. Using environmental violations and (...) SEPs data from the US Environmental Protection Agency between 2002 and 2015, we find that firms with smaller boards are more likely to undertake SEPs. We also find that firms with higher board independence and CEO duality undertake SEPs more frequently; however, board gender diversity and the existence of a sustainability committee appear to have no impacts. These results are robust to propensity score matching and an alternative data source. We extend the scope of stakeholder theory by emphasizing a new approach—restorative justice—by which corporations can repair damaged relationships and also improve the environment. We also contribute to corporate governance and environmentalism literature by identifying governance structures that promote environmental restorative justice. Thus, our study will inform different stakeholders, including regulators, shareholders, and boards of directors, and will open new avenues for business ethics scholarship. (shrink)

Some normative theorists believe that there is a principled moral reason not to retain benefits realized by injustice or wrongdoing. However, critics have argued that this idea is implausible. One purported problem is that the idea lacks an obvious rationale and that attempts to provide one have been unconvincing. This paper articulates and defends the idea that the principled reason in question has an expressive quality: it gets its reason-giving force from the symbolic aptness of such an act as (...) an expressive response to wrongdoing. The paper thus argues that at least in a certain subset of cases, renouncing benefits realized by injustice amounts to a powerful and uniquely apt expression of protest against the disrespect for the victim that is implied by the wrongdoer’s actions. The paper shows how this idea can inform the question of reparations for slavery and its aftermath in the United States. Lastly it develops an important objection to the argument presented and gives an account of how this objection can be met. (shrink)

The four essays collected in this dossier are directed upon the contemporary understandings of blackness, as an ontology, a phenomenology, or a historicity. In the order of their presentation they encompass and situate what seems first to limit black being or overflow it, but which, when questioned, that is, disclosed, or unconcealed, does not fit into this logos, nor is ordered by it, even making what is most discernable about blackness in its past, future, or present, seem imaginary, moored in (...) a non-present,and presence, but in ways which make the non-being that marks blackness as sign, affect, or speaking being, unthinkable except as an appearing, a manifestation, an identity.As a dossier directed upon the present philosophical understanding of blackness, each paper seeks to unanchor blackness from the meanings and presuppositions that it normally calls forth. Beyond what is discernable, or ready-made, each paper addresses structures that make (and have made) blackness discernable as the always given to be seen, as meaningless speech, as pathology, as a concept beyond reason.The dossier opens with a question: what kind of disturbance does blackness present to being? Why does it seem to madden reason, or call forth frenzy? In Calvin Warren’s essay, “The Karen Call,” what comes into correlation with blackness are various kinds of emergency that structure white thought and presence but that belie witnessing and intelligibility, and in whose chain of significations can be discerned an ontological privilege that constitutes the world. To appear emergent, it seems, all blackness has to do is become one with the myth that bans or compromises it; a manifestation in which subject-object relations are already polarized by the dangers that deploy it in dramas of emergency. Once blackness becomes emergent, there is no escape, for it comes up against what Warren, reading Heidegger against the grain, suggests is a racial destiny of Being. To appear black is forthwith to resemble an es gibt that is indissociable from threat, falsehood, fantasy, and obliteration. To that extent, blackness attests to a kind of ontological emergency without surcease or hope, and one whose trace remains in every moment or glimpse; whose technical modality and structure always returns us to the call that is neither speech nor gaze, word nor symbol, but represents an extimacy that is undeconstructable, beyond utterance, meaning, or reparation.Such extimacy seems to induce a crisis in the philosophical notion of being itself. In Axelle Karera’s essay, “Paraontology,” the question asked is why blackness cannot be contained or fitted into ontology itself; or, if philosophy is ontology, why does blackness seem to signify an irreducible resistance to it?How does such resistance occur? If blackness can only be presented as “paraontology,” a word that seems to shelter ontology at the same time as it presents the search for a new order of being, what does the para teach us about blackness as disorder, resistance, or identity? What is its philosophical genealogy and affiliation, and why does the para itself seem to never get beyond its own conciliation, or filiation to philosophy, whose ordering and racist historicity thereby remains the seme and mark of the para as interval, trope, and index? Or, put more simply, can blackness ever resist its own resistance as trope, conjuncture, or representation? Retracing that genealogy through the work of Oskar Becker, Karera uncovers a surreptitious repetition in black uses of the word, in whose weave can be discerned a fascist interference that not only undermines the fugitivity of the resistance so claimed, but one that unwittingly repeats a fascist ontology of world, history, and being.1 It’s a startling, deeply disturbing claim. But the apparent echoing of the Heideggerian bell in black significations of ontology suggests that what is being reabsorbed here is not so much a radical difference but a concept that remains justified and in fee to, pardoned and annulled by, a white notion of being. What, then, can it mean to think blackness as para? Nothing more than a philosophical confusion that confuses l’être qui fuit, that is, the lack that Lacan says cannot be completed or resisted, for an appositional fantasy of displacement. Here everything that is deemed black has to be made meaningful in apposition to ontology, but everything that is black must also, it seems, always return apposition to the white para of ontology; to be black and appositional would, it seems, produce only the disavowal of the philosophical genealogy that always already determines it.One would be right to distrust such claims—the moralism of the refusal, and the scandal of the faux resistance by which the para hides behind its own whited-out screen.In the third contribution to the dossier, the question asked is what would it mean for blackness to repair itself, to let go or retrieve and so redeem its own historical conjuncture? How do we refer to an irreparable past, that is, a past that keeps on coming back, but one that has no sign or signified, no memory that can recapture or reveal it, or simply rejoin us to it without remainder? Rinaldo Walcott’s essay, “‘Retrospective Significance,’” revisits the reparations debate as a question of black being. Instead of repair, he finds desolation and emptiness, or what he calls a staggeringly incoherent rhetoric of coherency. It’s a paradox that addresses what it means to remember or to forget a nothing; if blackness is nothing, how does one reconnect with it, bond with it, compensate it in its historic devastation? What would it mean to receive meaning from such devastation, to express it if this nothingness is absolute, or absolutely valueless? If ontology is a structure, then blackness, Walcott suggests, expresses nothing less than a “slave-ness” that continues to confront and disturb us absolutely, irrevocably. As such slave-ness is the trace that remains as a sign of the irreparable. As a trace, and not a sign, slave-ness becomes the primordial signifier of being, nation, history, and diaspora. But it is what makes it irrecuperable that defines its value and difficulty for the very language of reparation. Walcott pursues this difficult, enigmatic thread through the work of black thinkers on diaspora and identity. He concludes: black being cannot be dissociated from the disturbance it offers value, conscience, and any thought of alterity.The final and fourth contribution returns to the question of blackness as the trace or thread (the monstration) of being. How does one follow the thread (montrer) of blackness if it is always already withdrawn from being? David Marriott’s essay, “Ontology and Lalangue,” evokes Lacan’s concept of lalangue in pursuit of this enigmatic equivocation between letter and signifier, philosophy and psychoanalysis. Showing how both discourses have sought to master this exorbitance as master and/or free it as slave, I show how blackness is extinguished by the very words used to precipitate it into being. The slavish audacity of this lalangue is then shown to disarticulate, or more exactly, withdraw from ontology, but only so that whiteness can be presented and proclaimed all the more as the un-representable truth and logic of Dasein. This way of excluding blackness while preserving whiteness is not only central to philosophical and psychoanalytic understandings of language, Marriott argues, but this way of manifesting itself without manifesting itself is also crucial to the racialization of the logos as such.What is essential here is the way a meaning that is beyond meaning or representation is inserted into a problematic of mastery and servitude that advances-conceals a racial genealogy but in ways that makes the being of blackness an enigma. As such, blackness becomes an exorbitance that is always effaced in its monstration. More, its revelation must necessarily be unrecognized as the very locus of knowledge and truth. In that sense, what would it mean to figure, or to speak, this n’est pas without the consolation of being, meaning, truth, or logic? What would it mean to represent it as situated or defined by the language of ontology? Is black speaking being always in a relationship to and simultaneously the manifestation of a lalangue of lalangue? (shrink)

Contents INTRODUCTION: PHENOMENOLOGICAL APPROACHES TO THE POLITICAL IN PATOČKA AND MERLEAU-PONTY 11 1. Memory and community 11 2. Patočka 18 3. Merleau-Ponty, Husserl and institution 22 4. The political context 28 5. Status of the current research 32 6. Overview of the chapters 34 CHAPTER 1: THE PHENOMENOLOGICAL EPOCHĒ AND THE POLITICAL 39 1. Introduction 39 2. Criticism of Husserl’s notion of the lifeworld 46 3. The a priori of the World 49 4. The subject and the epochē 56 5. (...) Epochē to polis 61 6. Two ways into the epochē: myth and “le bouc émissaire” 76 7. A “public/private” distinction in the performing of the epochē 84 CHAPTER 2: THE BODY AT THE FRONT: CORPOREITY AND COMMUNITY IN JAN PATOČKA’S HERETICAL ESSAYS IN THE PHILOSOPHY OF HISTORY. 89 1. Introduction 89 2. The front 94 3. The double determination of life: Patočka and Foucault on “war” 98 4. Rooting 126 5. The body at the front 135 CHAPTER 3: LOOKING-IN ON EUROPE 145 1. Introduction 145 2. Post-Europe 147 3. Globalization as shaking 157 4. The idea of culture 162 5. Looking-in on Europe 164 6. The borders of Europe: towards a post-European democracy 175 a. Polemos and boundary 175 b. The skin and the soul 178 c. Europe and the boundary 190 CHAPTER 4: HUSSERL ON STIFTUNG AND STYLE 201 1. Introduction 201 2. Husserl’s concepts of retention institution and the possibility of an “institutional unconscious” 202 a. Retention 202 b. Husserl’s notion of institution in §50 of the Cartesian Meditations 210 c. Difficulties 220 d. Retention as unconscious 221 3. Husserl´s concept of style in Ideas II 236 a. Introduction 236 b. Institution and style 237 c. Style 243 d. Style and intersubjectivity 248 e. Style and politics in Merleau-Ponty 254 4. §15 of the Crisis of the European Sciences and Transcendental Phenomenology: “Reflection on the method of our historical manner of investigation” 259 a. Stiftung as the task of history 259 b. Endstiftung 269 c. Endstiftung and Style 272 5. Community and surrounding world in section three of Ideas II 274 6. “The Origin of Geometry” 291 CHAPTER 5: STIFTUNG AND STYLE IN MERLEAU-PONTY 303 1. Introduction 303 2. Institution and Style 304 a. event/advent 304 b. The opening of a field 308 c. The relation to the past, or subterranean communication across time: Urstiftung—Nachstiftung—Endstiftung 310 d. Style 312 e. Latency 314 3. Three painters: Matisse, Cézanne, and Vermeer 319 a. Matisse 319 b. Cézanne 325 c. Vermeer 337 4. The historical field 344 a. The field of praxis 344 b. Symbolic matrices 355 c. Matrix institutions 361 CHAPTER 6: THE NOBLE MEMORY: SURVIVAL, DEMOCRACY AND RESISTANCE 371 1. Introduction 371 a. “Resistance” and “survival” 371 b. The plaque 372 c. “Inertia” and “movement” 378 d. Difficulties 383 e. Vulnerability 385 2. Institution and parliamentary democracy 391 a. Merleau-Ponty’s support for parliamentary democracy 391 b. An institution of institutions 396 c. “Regime” and “corps de l’État” 400 d. Survival 406 e. Institution and reparation 421 f. Institution and revolution 423 g. Democracy, epochē, and virtù 424 h. Concrete political action 429 3. Resistance 430 a. The “mythical” past and the “verbal-Wesen of society” 432 b. The generality of freedom and the unconscious 441 c. Endstiftung, Telos and Truth 442 CONCLUSIONS 451 BIBLIOGRAPHY 471. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:After the Smoke Clears: The Just War Tradition and Post-War JusticeAnna Floerke ScheidAfter the Smoke Clears: The Just War Tradition and Post-War Justice Mark J. Allman and Tobias L. Winright Maryknoll, N.Y.: Orbis Books, 2010. 220 pp. $20.00Beginning with Ezekiel’s imagery of a field filled with dry bones in the aftermath of war, Mark J. Allman and Tobias L. Winright approach the burgeoning question of how best to (...) establish a just peace following violent conflict. As theologians committed to the Christian tradition’s emphasis on restoring peace following warfare, their project develops jus post bellum categories that have thus far been considered more by philosophers, political scientists, and international law scholars than by theologians. The authors see themselves as extending the work of Glen Stassen and other just peacemaking theorists. Where just peacemaking provides theologically rooted criteria for jus ante bellum, Allman and Winright want to root theologically jus post bellum. “We believe that expanding the just war tradition to encompass jus post bellum will actually ‘close the loop’ or make for a more honest just war theory by bringing us back to the practices of just peacemaking” (55–56).The book is presented in two parts. The first part offers an overview of the history of the just war tradition and of the emerging discussion of jus post bellum. Despite its brevity, a key strength of this overview is its comprehensiveness. Allman and Winright illustrate the tradition’s roots in Hellenistic philosophy, its development by patristic and medieval theologians, and finally its adoption in the secular sphere. The authors then uncover nascent elements of jus post bellum throughout the just war tradition. Here they pay particular attention to Immanuel Kant before turning to contemporary philosophers, including perhaps the most well-known jus post bellum theorist, Brian Orend, with whom the authors dialogue extensively in the second part.The second part constitutes the book’s major constructive contribution to the theological ethics of warfare and conflict resolution. The authors posit four “categories” that they argue are “consistent with the Christian just war tradition” and necessary for a just peace following war (85). First, they contend that the just cause, which prompts the war, must be reconsidered jus post bellum. “The logic is simple and clear: the end of a just war must be accomplishing the objectives that served as the grounds for going to war in the first place” (100). Second, the authors explore the need for postconflict reconciliation, arguing [End Page 223] for restorative forms of justice alongside retributive forms. This chapter would benefit from more extensive dialogue with theologians such as John de Gruchy, Robert Schreiter, and Charles Villa-Vicencio, who have devoted themselves to the topics of reconciliation and restorative justice from the Christian perspective. Third, the authors discuss the value of punishment in establishing justice. Their discussion of the symbolic importance of reparations is especially insightful. The authors suggest that “reparations require a reversal of power. Those who once were dominant are now in a submissive/vulnerable position” in relation to those who were once powerless (130). Finally, the authors propose a “restoration phase” following warfare wherein basic security must be established and political reforms enacted to preclude any return to the status quo ante bellum. The victors must ensure the economic recovery of the vanquished; provide for the needs of the war’s most vulnerable victims, such as children; and clean up environmental hazards that resulted from fighting.The book is most impressive in that it conjoins multiple postconflict endeavors (e.g., reconciliation and war crimes tribunals) that are frequently separated or seen as oppositional in other literature. This strength indicates that the book may continue to yield serious contributions to the ethics of conflict resolution, especially as scholars accept the authors’ challenge to “develop and further refine” the categories they propose.Anna Floerke ScheidDuquesne UniversityCopyright © 2012 The Society of Christian Ethics... (shrink)

The preceding symposium articles speculate on the psychosocial dynamics of discrimination as reverberating with grief, mourning, melancholia, and denial. They invite a psychoanalytic paradox on the fate of inchoate loss and its complex relation to oppression and depression: constellations of attachment to loss met with its social and psychical disavowal render inexpressible to the other the work of mourning and drive its myriad expressions. A different way of putting the dilemma is that grief calls upon symbolic equation and the (...) pain of symbolization. Deborah Britzman's coda reads the psychoanalyst Melanie Klein's consideration of depression as the origin of the human condition with Paulo Freire's call to educators for a radical humanization to release oppression. Between Freire's Pedagogy of the Oppressed and Klein's Love, Guilt, and Reparation, the coda traces a signifying loss that attests to the entwined roots of the self/other matrix with attention to the needed fluctuations within interiority and exteriority, loss and the depressive position, illness and health, and psychoanalysis with pedagogy. (shrink)

The article examines the role of apology in a process of reconciling with historic injustice. As with so many other facets of the politics of reconciliation, official apologies are controversial, at times strenuously resisted, and their purpose and significance not always well understood. The article, therefore, seeks to articulate the key moral and practical resources that official apologies can bring to bear in a process of national reconciliation and to defend these symbolic acts against some of the more influential (...) criticisms from the skeptics. The analysis is developed in relation to apologies offered in the context of state-indigenous reconciliation processes in the Americas, Australasia, and other regions of the globe. (shrink)

What is the redemptive power of art? More fundamentally, what are the assumptions which make it seem natural to think of art as having such powers? In attempting to answer these questions, I will first be turning to Proust, who embodies perhaps more clearly—in a sense, even more crudely—than any other major artist a certain tendency to think of cultural symbolizations in general as essentially reparative. This tendency, which had already been sanctified as a more or less explicit dogma of (...) modern high culture by Proust’s time, persists, I believe, in our own time as the enabling morality of a humanistic criticism. I will argue that the notion of art as salvaging somehow damaged experience has, furthermore, been served by psychoanalysis—more specifically, by a certain view of sublimation first proposed rather disconnectedly by Sigmund Freud and later developed more coherently and forcefully by Melanie Klein. The psychoanalytic theory I refer to makes normative—both for an individual and for a culture—the mortuary aesthetic of A la recherché du temps perdu.As everyone knows, involuntary memories play a crucial role in the Proustian narrator’s discovery of his vocation as a writer. Let’s begin with a somewhat untypical example of the genre, the passage in Sodome et Gomorrhe describing the “resurrection” of Marcel’s grandmother on the first evening of his second visit to Balbec. This passage reformulates the importance of memory for art in terms of another relation about which the theoretical passages that conclude Le Temps retrouvé will be at once prolific and evasive: the dependence of art on death. Leo Bersani is professor of French at the University of California, Berkeley. The Forms of Violence/Narrative in Ancient Assyria and Modern Culture, written in collaboration with Ulysse Dutoit, is his most recent publication. Professor’s The Freudian Body/Psychoanalysis and Art will be published this winter. (shrink)

Abstractabstract:The purpose of this article is to map the points of contact, as well as the irreducible differences, between the Catholic tradition of victim soul spirituality and the Tibetan practice of gcod (chod). Victim soul spirituality develops in the framework of an Anselmian theology of the atonement, where the individual practitioner offers herself as an expiatory victim to God's wrath so to appease God's justice that requires reparation for the sins of humanity. A practice that knew its heyday in the (...) Counter-Reformation period and enjoyed its highest degree of popularity in the late nineteenth and early twentieth century, victim soul spirituality, has virtually disappeared from contemporary Catholicism in the wake of the Second Vatican Council. At the same time, many Western practitioners of Buddhism have grown more interested in the practice of gcod (chod), which consists of a symbolic offer of one's body to demons and other malevolent beings that seek to thwart one's progress toward nirvāna. Developed originally by the female mystic Machig Labdron (1055–1149), gcod is analogous to victim soul spirituality as it reflects a sacrificial dialectic where individual practitioners can appease supernatural entities that can sustain or thwart our spiritual progress. At the same time, a close analysis of the two practices will reveal significant points of divergence, as the two traditions rest on radically distinct claims concerning individual subjectivity, soteriology, and the nature of ultimate reality. (shrink)

Ernst Cassirer occupies a unique space in Twentieth-century philosophy. A great liberal humanist, his multi-faceted work spans the history of philosophy, the philosophy of science, intellectual history, aesthetics, epistemology, the study of language and myth, and more. The Philosophy of Symbolic Forms is Cassirer's most important work. It was first published in German in 1923, the third and final volume appearing in 1929. In it Cassirer presents a radical new philosophical worldview - at once rich, creative and controversial - (...) of human beings as fundamentally "symbolic animals," placing signs and systems of expression between themselves and the world. This major new translation, the first for over fifty years, brings Cassirer's magnum opus to a new generation of students and scholars. Volume 1: Language is a fascinating examination of arguably the most fundamental of these systems of expression: human language. Cassirer traces the problem of language and expression far back in the history of philosophy, considering the work of the early Greek rationalists. He then examines the later empiricist tradition, up to the romantic tradition in the nineteenth century tackling fundamental questions about representation, signification and expression as well as language and conceptual thought in mathematics and science. Correcting important errors in previous English editions, this translation reflects the contributions of significant advances in Cassirer scholarship over the last twenty to thirty years. Each volume includes a new introduction and translator's notes by S. G. Lofts, a foreword by Peter Gordon, a glossary of key terms, and a thorough index. (shrink)