Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)

This paper discusses the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation. I begin by examining the structure of moral reasoning in light of Levinas's account of ethics, looking particularly at the role of the third party (le tiers) in modifying Levinas's primary ethical structure of the face to face relation. I then argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories, such as that of H. (...) L. A. Hart, that propose a systematic distinction between legal and moral species of obligation. (shrink)

This paper focuses on the set of problems regarding the HIV/AIDS crisis in the specific domain of corporate moral responsibility within a context of the Levinasian notion of proximity (infinite responsibility) and the Third. Against a totalitarian, homogeneous society, Levinas opens the way to a social pluralism, which has its sources in the disquiet provoked by the strangeness of the Other's face. Corporate responsibility, understood from this point of view, would not reduce institutional relations to an anonymous world of neutrality. (...) Corporate responsibility is unconditional in the sense that to be responsible is not a question of choice, but one of deep liberty, the liberty of taking the burden of the infinite responsibility for the Other customers, employees, the public at large and those who suffer in the world. This paper argues that it would then also mean that society (individuals, NGOs and governments) in accordance with the spirit of the Levinasian philosophy of infinite responsibility could exert pressure on corporations, such as pharmaceutical companies. Owing to their power, they could change their present responsibility policies to a more affirmative and engaged responsibility with regard to those who are ill and who suffer death or debilitation from HIV/AIDS and other prevalent diseases in the poorest parts of the world today. (shrink)

This paper focuses on the set of problems regarding the HIV/AIDS crisis in the specific domain of corporate moral responsibility within a context of the Levinasian notion of proximity and the Third. Against a totalitarian, homogeneous society, Levinas opens the way to a social pluralism, which has its sources in the disquiet provoked by the strangeness of the Other's face. Corporate responsibility, understood from this point of view, would not reduce institutional relations to an anonymous world of neutrality. Corporate responsibility (...) is unconditional in the sense that to be responsible is not a question of choice, but one of deep liberty, the liberty of taking the burden of the infinite responsibility for the Other – customers, employees, the public at large and those who suffer in the world. This paper argues that it would then also mean that society in accordance with the spirit of the Levinasian philosophy of infinite responsibility could exert pressure on corporations, such as pharmaceutical companies. Owing to their power, they could change their present responsibility policies to a more affirmative and engaged responsibility with regard to those who are ill and who suffer death or debilitation from HIV/AIDS and other prevalent diseases in the poorest parts of the world today. (shrink)

In this paper I argue that we need to analyze ‘religious violence’ in the ‘post-secular context’ in a twofold way: rather than simply viewing it in terms of mere irrationality, senselessness, atavism, or monstrosity – terms which, as we witness today on an immense scale, are strongly endorsed by the contemporary theater of cruelty committed in the name of religion – we also need to understand it in terms of an ‘originary supplement’ of ‘disengaged reason’. In order to confront its (...) specificity beyond traditional explanations of violence, I propose an integrated phenomenological account of religion that traces the phenomenality of religion in terms of a correlation between the originary givenness of transcendence and capable man’s creative capacities to respond to it. Following Ricœur, I discuss ‘religious violence’ in terms of a monopolizing appropriation of the originary source of givenness that conflates man’s freedom to poetically respond to the appeal of the foundational with the surreptitiously claimed sovereignty to make it happen in a practical transfiguration of the everyday. (shrink)

In this article I will look into Corporate Legal Responsibility taking into account Levinas’s notion of infinite responsibility, as well as his understanding of ethical language. My account of Levinas’s philosophy will show that it challenges – breaking down – deeply entrenched distinctions in the dominant strands of moral philosophy, within which the theory of individual responsibility is embedded, such as between:(1) duty to others on the one hand and supererogation on the other; (2) perfect duty to others on the (...) one hand and imperfect duties to others on the other; (3) insiders and outsiders; kith and kin on the one hand and strangers on the other; Levinas’s moral vision is an inclusive one which embraces all of humanity (at least of those present today) irrespective of historical, linguistic, cultural differences and diversities. In other words, each has responsibilities for and duties towards all others. Of course, one might say that there is nothing new about a universalising ethics – after all Kantianism, liberalism as well as utilitarianism are well known instances. However, more crucially, all these traditional moral philosophies uphold the theory of individual responsibility, which is rooted in the philosophy of individualism. Such a philosophy can make sense only of the concept of individual moral/legal agency but not corporate agency. Therefore, in this article I will attempt to show that the Levinasian vision is able to help us change our view with respect to corporate responsibility. (shrink)

In the early and often ignored 1934 essay ‘Reflections on the Philosophy of Hitlerism’, Levinas identifies a historically dominant form of politics rooted in the ontological reduction of the other to the same that provides intellectual justification for physical violence against the other. The ethical relation aims to overcome this political violence by thinking from the alterity of the other. The turn away from the political to the ethical does, however, lead to a problem – the third – that cannot (...) be resolved by the ethical relation and so necessitates a return to the political. The political returned to is not the same as that left, but privileges the ethical relation and involves decisions about how to realize a prior norm: justice. This has given rise to debate in the literature regarding the relationship between the ethical and political that pits an oppositional account against an entwined one. I defend the latter, but argue that it depends upon two issues that are problematic for Levinas’s attempted overcoming of ontological forms of violence. Specifically, his claim that this form of politics entails a ‘good’ form of violence, and insistence that the political decision required to realize the ethically inspired conception of politics is compatible with his theory of substitution. I argue that the former undermines his claim that an ethically inspired politics is fundamentally different to an ontologically inspired one, while the political decision upon which his ethically inspired politics depends is incompatible with his notion of substitution. (shrink)

While Levinas famously claims that ethics precedes ontology and emanates from the concrete experience of the other's face, it is often forgotten that Deleuze also discusses the face in numerous writings. The purpose of this paper is to briefly outline Levinas's arguments regarding the constitution of the face to chart its ethical importance, before engaging with Deleuze's critique of Levinas's position. I show that, by distinguishing between two systems of signification – the head-body system and the face system – Deleuze (...) agrees with Levinas that the face is an important signifier delineating the other, but destructs the notion of face to show that it: is more complex and multi-dimensional than Levinas realizes; emanates from a specific semiotic relationship; and emanates from specific socio-historical circumstances. Showing the face is a semiotic construct based in and emanating from a specific socio-historical configuration allows Deleuze not only to conclude that the face is related to politics not ethics as Levinas claims, but also to claim that it entails the inhuman in the human. This clarifies the nature of the face in Deleuze, offers a critique of Levinas's influential thinking on ethics, brings us to a discussion of the relationship between ethics and politics and reveals what Deleuze takes the political to entail. (shrink)

After considering core ‘interruptions’ of identity and justice in the post-secularist agonisms of Connolly and Levinas, I mine their views for core practical insights about the possibilities for theist-atheist respect. After considering Connolly on ‘content v. comportment’ and after exploring the virtue of mystery as part of a mystery/contestability/generosity triad, as well as Connolly’s, Levinas’, Nietzsche’s and Bergson’s levels of optimism and pessimism about theism, I end by pointing to cracks in Connolly’s path to pluralism, and I recommend that the (...) ‘open and trembling’ mood of Levinas’ phenomenology serves as an important model for the kind of generous comportment that atheists and theists need on our path to respectful agono-pluralism. (shrink)

Given present criticisms of contemporary education and leadership practices, this article investigates the ways in which the basic concepts of state freedom and bureaucracy stifle ethics and social justice in educational leadership practices through the philosophical framework of Emmanuel Levinas. By investigating Levinas’ ‘an-archy’, the definition of ethics and justice in school leadership can be reframed towards responsibility to otherness rather than individual freedom. The anarchical ethic of pure responsibility to the Other suggests that educational leaders should prioritize specific acts (...) of responsibility over general actions based on the assumptions of traditional state education. Aspects of transactional, transformational, and social justice leadership are critiqued from this perspective. (shrink)

The paper examines the evolution of Marek Siemek’s “dialogical principle.” The early version of this principle, sketched in the essay “Dialogue and Its Myth”, meets several criteria of the phenomenology of dialogue and even hermeneutics. However, Siemek has continued to change his concept of dialogue over the decades. In his recent book, Freedom, Reason, Intersubjectivity, he explores transcendental preconditions of free and reasonable activism, i.e., the Fichtean “limitative synthesis” of I and Non-I and its applications in social interrelations. He no (...) longer considers the empirical, anthropological, and phenomenological aspects of dialogics and mutual recognition. He also replaces mutuality with reciprocity, asymmetry with symmetry, and phenomenology with transcendentalism. (shrink)

For both Levinas and Løgstrup, the moral encounter is characterized by an asymmetrical prioritization of the other over the self. Some take Løgstrup’s account to be an improvement on Levinas’s, however, insofar as it appears to both foreswear the hyperbole of the latter’s view and ground the ethical claim in the natural conditions of human life. This paper argues, in contrast, that Løgstrup’s own account is equally hyperbolic in its characterization of the self as fundamentally evil, and that his attempt (...) to ground the ethical demand in structures of ‘life’ raises serious difficulties. I will argue that Levinas’s stronger commitment to phenomenology both rules out the problematic metaphysical claims on which Løgstrup’s ontological ethics depends and helps explain the methodological function of Levinas’s own hyperbole. Unlike Løgstrup, Levinas insists that the challenge is not eradicating the claims of the self, but rather resisting its pretention to a global normative priority. In making this case I refute the argument that Levinas, unlike Løgstrup, is committed to a ‘command’ view of morality—whereby it is the other person’s authoritative status that underwrites the moral force of the claim, not the content of the claim itself. But on Levinas’s view, ‘demand’ and ‘command’ accounts merge in his understanding of the face-to-face encounter because responding to the content of the demand—that I treat the other’s claim as reason-giving— just is to see the other person as an authority capable of making legitimate claims on me. (shrink)

This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...) of retrieval. Law, as an artifact, seeks its origins in human action, but this often yields a static view of legal discourse as the retrieval of pivotal moments. Bergson, by contrast, shows us that past and present influence each other dynamically, giving rise to an integrated whole. The article concludes by exploring the potential for law to transcend the structure of memory. We argue that even beyond the limits of memory legal reasoning encounters a kind of residue left by the ethical foundations of law. Law searches vainly for the past, but what it finds is itself. (shrink)

The paper confronts Georg Simmel’s distinction between the dyad and the triad with the phenomenological analysis of analogous structures undertaken by E. Lévinas, B. Waldenfels, and J.-L. Marion. Simmel insists on keeping the dyad and the triad apart while only the triad is considered worthy of sociological research. On the contrary, phenomenologists reveal deep interrelation between the relationship with the other and the third party where the latter is actually co-present in the dyad. The presupposed link between the two and (...) the three implies a different understanding of sociality that would respect its members in their uniqueness, unlike the world of interchangeable individualities common for social science. The third party can appear as the dimension of law and the ordinary, as the other of the other and the figure of humanity, or as the child in the case of erotic relationship. The last aspect of the third party provides a link to family studies. A brief outline of the situation illustrates oscillation between the triadic and dyadic interpretations of the family with the apparent prevalence of the dyad in recent decades. (shrink)

By prioritizing the ethical encounter with the Other over politics, Levinas appears to relegate political concerns to a secondary status. Not only does politics appear to be less important than the face-to-face, it even appears to be morally compromised. Nevertheless, Levinas insists that politics are necessary for a moral society. This paper attempts to navigate this tension between morality and politics by exploring Levinas’s account of original peace as opposed to competing accounts of original violence in Hobbes and Derrida. This (...) original peace not only serves as a foundation of the political order, but also provides the context in which to understand Levinas’s famous account of the third. The introduction of the third party appears to problematize the self-other account and opens an aporia in the ethical relation. Far from being a necessary evil, politics instead appears as a necessary good to both remain true to the ethical imperative of the face-to-face and solve the problem introduced by the third party. It is by recognizing that the political is already implicated in the face-to-face relation that Levinas seeks to bridge the gap between peace with the Other and peace within a political society. (shrink)

Resumen: El propósito de este artículo es exponer la tesis levinasiana de la inevitabilidad de lo dicho, teniendo como trasfondo algunas cuestiones epistemológicas que suscita. Para esto, se comienza presentando la contraposición que establece Levinas entre verdad del desvelamiento y verdad del testimonio, destacando sus diferencias más radicales. Posteriormente, teniendo la subjetividad como hilo conductor, se reconstruye el camino que relacionaría ambos tipos de verdad, mostrando cómo la tesis de la inevitabilidad de lo dicho adquiere relevancia en las discusiones epistemológicas. (...) Finalmente, se concluye sugiriendo algunos aportes de esta reflexión para las consideraciones acerca de una racionalidad renovada.: This paper discusses the Levinasian thesis of the inevitability of the Said, having as its background certain epistemological issues arising from that thesis. I begin by showing the contraposition between truth of disclosure and truth of testimony, as Levinas defines them, and point out the most radical differences between the two. I then reconstruct, with subjectivity as the connecting thread, a way of relating both kinds of truth, showing how the thesis on the inevitability of the Said is relevant to epistemological discussions. I conclude by suggesting some considerations with regard to a renewed rationality. (shrink)

Emmanuel Levinas's early work inaugurated a tradition of thinking about alterity as at odds with generalized forms of knowledge that characterize political institutions. However, in his later work Levinas broaches but leaves underdeveloped the provocative idea that institutional modes of reasoning can provide a welcome home for alterity if they follow the wisdom of love. Against this backdrop, I argue that reading G. W. F. Hegel's early writings on neighbor love alongside his mature philosophy of the state offers us important (...) resources for articulating an institutional approach to alterity that offers a compelling solution to Levinas's concern with letting the other(s) be seen by institutions in a non‐totalizing manner. Across his early writings, Hegel positions love as the vehicle through which one comes to be at home in the institutions of one's community and the vehicle through which one can revise and expand the institutions of one's community in novel ways. My aim is to demonstrate that Hegel's early account of love provides an indispensable blueprint for understanding his mature account of the relation between the individual qua infinitely unique and modern political institutions. In turn, this will enable us to discern the institutional approach to alterity embedded in his thought. (shrink)

In this article, I attempt to explore the relation between two sets of terms in Derrida's work: friendship and democracy, and ethics and politics. On the basis of a reading of Derrida's interpretation of Blanchot in The Politics of Friendship, I argue that Blanchot's notion of a non-traditional conception of friendship is a reconstruction of Levinas's notion of the ethical relation to the other, which in turn provides the basis for the formalistic ethical affirmation of Derrida's work, an affirmation found (...) most clearly in his remarks on justice. I then move from the The Politics of Friendship to Derrida's more recent text on Levinas, Adieu, and try to explore the relation between ethics and politics in Derrida's work, with particular reference to the question of democracy. My concluding thesis is that Derrida's recent work is attempting to articulate, through notions such as democracy to come and the new international, what I call 'a repoliticization of Marxism'. (shrink)

In this article I argue that Levinas can be read as a critic, not just of Heideggerian being, but also of being-with. After pointing out that the publication of the Black Notebooks only makes this criticism more interesting to revisit, I first of all discuss passages from both earlier and later writings in which Levinas explicitly takes issue with Heidegger’s claim that there is no self outside of a specific socio-historical community. I then explain how these criticisms are reflected in (...) Levinas’s own account, arguing that Levinasian subjectivity and alterity are precisely defined by their not belonging to a larger unity; to the extent that they partake in a multi-personal collectivity, this does not take the form of a traditional community. In the final section, I look into a different and seemingly opposing argument Levinas makes against Heidegger: on the basis of the latter’s reflections on death, he argues that Dasein is anti-social rather than overly immersed in the socio-historical. Arguing that this rests on a misreading of Being and Time, I use this opportunity to raise questions about Levinas’s interpretation of Heidegger and his “otherwise than being-with” more generally, for Levinas’s account runs into several problems as well. Yet as I will conclude, this in fact offers a valuable insight, not just for the present-day reception of Heidegger, but also for thinking community today. It indicates that a radical break with human situatedness does not automatically fare better than a firmly enrooted account of existence. (shrink)

In this book, Gavin Rae analyses the foundations of political life by undertaking a critical comparative analysis of the political theologies of Carl Schmitt and Emmanuel Levinas. In so doing, Rae contributes to key debates in contemporary political philosophy, specifically those relating to the nature of, and the relationship between, the theological, the political, and the ethical, as well as those questioning the existence of ahistoric metaphysical, ontological, and epistemological foundations. While the theological is often associated with belief in a (...) fixed foundation such as God or the truth of a religion, Rae identifies another sense rooted in epistemology. On this understanding, the ontological limitations of human cognition mean that, ultimately, human truth is based in faith and so can never be certain. The argument developed suggests that Levinas’ conception of the political is grounded in theology in the sense of religion, particularly the revelations of Judaism. For this reason, Levinas claims that the political decision is based on how to implement a prior religiously-inspired norm: justice. Schmitt, in contrast, develops a conception of the political rooted in epistemic faith to claim that the political decision is normless. While sympathetic to Schmitt’s conception of theology and its relationship to the political, Rae concludes by arguing that the emphasis Levinas places on responsibility is crucial to understanding the implications of this. The continuing relevance of Schmitt’s and Levinas’ political theologies is that they teach us that, while the political decision is ultimately normless, we bear an infinite responsibility for the consequences of this normless decision. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)

An examination of Emmanuel Levinas’ writings on money reveals his distance from—and indebtedness to—a philosophical predecessor, Georg Simmel. Levinas and Simmel share a phenomenological approach to analyses of the proximity of the stranger, the importance of the face, and the interruption of the dyadic relationship by the third. Money is closely linked to the conception of totality because money is the medium that compares heterogeneous values. Levinas goes beyond Simmel in positing an ethical relation to money permitting transcendence.