In her book Antigone's Claim: Kinship between Life and Death, Judith Butler reads the figure of Antigone, who exists as an impossible aberration of kinship, as a challenge to the very terms of livability that are established by the reigning symbolic rules of Western thought. In this article I extend Butler's argument to reach beyond gender. I argue that African feminist scholarship shows that the kinship norms shaping the reigning symbolic rules of Western thought not only render certain gendered lives (...) unlivable, but through the gendered working thereof also become key to the colonial process of the racial dehumanization of the colonized and the violent expansion of Eurocentric capitalism. I show how Oyèrónké Oyĕwùmí, in her work on the Yorùbá people of Nigeria, provides, in a way analogous to Antigone, a glimpse of an order structured by kinship formations that are remarkably different from, and thereby bring into crisis, the normative versions of kinship that are posited as timeless truths. Through a reimagining or reconstruction of precolonial Yorùbá kinship formations, Oyĕwùmí articulates a different scheme of intelligibility, which enables radically different ways of being human and existing in the world. (shrink)

Dominant Western discourses of motherhood have depicted disabled women as incapable of being mothers. In contrast to these representations, recent literature in disability studies has argued that disabled women can provide maternal care and should therefore retain custody over their children. This literature is commendable, but its emphasis on custodial rights excludes from the category of “mother” those disabled women who cannot maintain child custody. In this article, I challenge this exclusion via an account of my experience with my two (...) mothers: my biological mother, who relinquished custody over me because of her inability to provide care, and my maternal grandmother, who raised me as her child. Theorizing this account, I argue that disability studies must adopt a conception of motherhood that recognizes both alternative kinship structures and mothers whose disabilities preclude them from fulfilling normative conceptions of maternal care. I develop such a conception by synthesizing Judith Butler's theorization of queer kinship with Donald Winnicott's rethinking of the maternal subject. I conclude by drawing on this flexible conception of motherhood to argue that my disabled mother's relinquishing of custody over me to her own mother was the very gesture in which she accepted and adopted a maternal role. (shrink)

Two major regulatory changes are affecting the provision of undergraduate legal education in England and Wales. On the one hand, the Qualifying Law Degree is being deregulated, meaning law schools are free to make significant changes to how and what they teach. On the other hand, higher education in England has seen a significant overhaul through the creation of the Office for Students, which treats students as consumers. Now more than ever, law schools need to ask themselves existential questions which (...) will not only test their continued relevance or indeed viability within the ‘market’ for higher education, but also the status of the discipline of law as a whole. The regulatory landscape may indeed present a significant threat, but it is also an opportunity to reflect on what law schools are for, and consequently what changes could result from the academic freedom that comes with deregulation. Whilst different law schools will interpret their mission differently, they should caution against either generalised inertia or succumbing to an outcomes-oriented provision that simply prepares students for the new Solicitors Qualifying Examination. Instead, law schools will find their proper purpose in critical reflection and academic self-grounding, providing undergraduate students with a ‘question everything’ mentality, and showing them that law is something to be experienced and not merely learnt. (shrink)

DNA analysis for family reunification is a longstanding and widespread practice, but also a highly problematic one, as it is a battleground of conflicting values and interests, which have to be carefully weighed against each other: on the one hand, the right of the sovereign state to regulate immigration and prevent fraud and child trafficking; on the other hand, the right to privacy and family life. Beyond the problem of how to balance these different interests, DNA analysis for family reunification (...) brings up the broader problem of biologisation/geneticisation of social relations, as this practice appears to reduce family to its mere biological notion. As there is no comprehensive account of the ethical implications of DNA analysis in the context of family reunification, the present paper will try to fill this gap by addressing the three most striking ethical problems posed by this issue: the privacy issues at stake; the problems concerning the conceptual, legal and social definition of family; and the question whether this practice intends to produce the immigrant as discriminated "bare life" or must rather be seen as a symptom of an ongoing general biologisation/geneticisation of sociality, also influencing family reunification procedures. (shrink)

I present Hegel’s position that beauty and moral agency cannot be paired in any productive way, demonstrating this as a culminating claim of the sixth chapter of The Phenomenology of Spirit. In this, we learn that for Hegel, beauty claims an ambiguous position, always eviscerated yet never fully put to rest. This dialectical tension requires that we attend to the place of beauty as it appears in Hegel’s thoughts on morality and marks a departure from a long-standing tradition – exemplified (...) in the work of such thinkers as Plato, Immanuel Kant, the ‘Beautiful Souls’ of 18th-century German Romanticism and Elaine Scary – that matches moral goodness with beauty. (shrink)

The paper explores the role of Jacques Lacan’s Ethics of Psychoanalysis in debates in law and legal philosophy. It proceeds by considering a debate between Slavoj Žižek and Judith Butler over Lacan’s concept of the real, which forms part of a larger discussion over the future of democracy and the rule of law. Through reference to discussions of the relationship between law and ethics based on the Antigone tragedy, I argue that the difference between Žižek and Butler’s positions should not (...) be understood in terms of the correctness of their reading of Lacan, but in terms of the political commitments that inform their respective interpretations. I explain the implications of this debate over one of Lacan’s most enigmatic concepts, thereby showing how Lacan’s theory can be used to rethink the politics of law in light of the increased emphasis on ethics in contemporary legal debates. (shrink)

Political theorists continue to be provoked by Giorgio Agamben’s disturbing diagnosis that ‘bare life’ – human life that is excluded from politics yet exposed to sovereign violence – is not a sign of the malfunction of modern politics but rather a revelation of how it actually functions. However, despite the enormous amount of attention this diagnosis has received, there has been relatively little discussion of Agamben’s proposed ‘cure’ for the problem that he diagnoses. In this article, I analyze the three (...) main concepts of Agamben’s positive philosophical program – ‘infancy,’ ‘potentiality,’ and ‘form-of-life’ – in order to show how he attempts to subvert the sovereignty of law over life with his idea of a life of habit in which life is sovereign over law. In addition to analyzing these concepts, I engage in an immanent critique of Agamben’s philosophy and contrast his vision of politics with those of other influential contemporary political theorists. I find that while Agamben’s philosophical program is almost undone by internal difficulties, it still radically challenges current theories of subjectivity, humanity, and community. (shrink)

This article suggests an oblique reading of The Headless Woman, the latest film by Lucrecia Martel, a founder member of the so-called New Argentine Cinema and one of the major stylists of contemporary cinema. Unlike the many memorial films that surround the trauma of the dis- appeared in Argentina, The Headless Woman ‘countersigns’ the genre, proposing a hallucinatory experience of immersion within the affects of guilt, complicity and denial unleashed by the last dictatorship. By presenting the existentialist drama of an (...) upper-class woman involved in a seemingly minor car accident on a deserted provincial road, the film manages to stage a counter-narrative of the traumatic past that affected the whole of society beyond obvious sites of suffering. Through an engagement with Judith Butler’s account of mourning, this article argues that the film bears the traces of a collective mourning, an experience of grief that permeated the Argentine citizenry and challenged blood as the only form of kinship. The article contends that the affects explored in Martel’s film may be crucial in confronting the new faceless, that is, those whose social exclusion persists unnoticed during the current democratic regime, and whose lives are in a sense ‘ungrievable’. By proposing an entanglement of temporalities, the analysis suggests that the 30,000 lives made to disappear during dictatorial times cannot be grasped except in conjunction with the silence surrounding poverty, the new spectre of the present. In Martel’s film each viewer becomes a witness and also a survivor and is thereby subtlety compelled to respond. In this way, The Headless Woman also suggests an ethical key to future possibilities. (shrink)

The Phoenician Women, Euripides' peculiar retelling and refashioning of the Theban myth, offers a portrait of Antigone before she becomes the actor we mostly know today from Sophocles' play. In this under-studied Greek tragedy, Euripides portrays the political and epistemological dissolution that allows for Antigone 's appearance in public. Whereas Sophocles' Antigone appears on stage ready to confront Creon with her appeal to the universal unwritten laws of the gods and later dissolves into the female lamenting a lost womanhood, Euripides' (...) Antigone experiences the opposite journey, thereby offering insights into the conditions that allow for her exposure in the political arena. A speech by Eteocles at the center of the play questions the existence of absolutes, calls injustice beautiful, and opens the door for Antigone 's entrance into the public sphere. With this speech Eteocles challenges us to consider the conditions of political openness in the modern age. (shrink)

The Phoenician Women, Euripides’ peculiar retelling and refashioning of the Theban myth, offers a portrait of Antigone before she becomes the actor we mostly know today from Sophocles’ play. In this under-studied Greek tragedy, Euripides portrays the political and epistemological dissolution that allows for Antigone’s appearance in public. Whereas Sophocles’ Antigone appears on stage ready to confront Creon with her appeal to the universal unwritten laws of the gods and later dissolves into the female lamenting a lost womanhood, Euripides’ Antigone (...) experiences the opposite journey, thereby offering insights into the conditions that allow for her exposure in the political arena. A speech by Eteocles at the center of the play questions the existence of absolutes, calls injustice beautiful, and opens the door for Antigone’s entrance into the public sphere. With this speech Eteocles challenges us to consider the conditions of political openness in the modern age. (shrink)

This paper offers an alternative perspective to the traditional interpretation of Hegel's philosophical reflection on history, departing from a reinterpretation of Hegel's reading of the tragic action of Antigone in Chapter VI of the Phenomenology of Spirit. The customary interpretation of this text affirms that Hegel shows how the conflict of tragic action finds its truth and its end in the identity of spirit. Tragic conflict is left behind to the same extent that spirit sublates the Greek ethical substance. This (...) way, spirit can guarantee that our historical time is released from the past of the substance, or the spiritual movement of mediation from the immediacy of an ‘in-itself’. My reading, by contrast, finds under the tragic conflict of this text of Hegel's nothing but the ‘no’ of death that negates itself, or a principle that has the form of an original and irreducible conflict. Under this interpretation of Hegelian spirit, it becomes clear that it can neither fail to posit some form of ‘in-itself’ nor sublate its own tragic nature. This way it is shown that Hegel's reflection on the past does not reassure the superiority of the identity of the present, but rather illuminates its ‘broken’ nature. I thus offer an alternative view on Hegel's comprehension of the relation between present and past and between philosophy and time. (shrink)

The focus of this paper is Butler's recent work on Antigone, kinship and the state. Like many advocates of radical democracy, Butler is suspicious of attempts to enlist state support for political demands, preferring politics at the level of civil society. Butler turns to the narrative of Antigone, in part, to explore just such a version of (feminist?) resistance to the state but also, crucially, to contemplate the constitutive role that Antigone (and her contemporary counterparts) represents in respect of the (...) formation of the state and politics. While sympathetic to Butler's thesis in general, in this paper, I raise three sets of questions concerning her reading of the state. First, I explore the ambiguity surrounding her conceptualization of the state. Next, I turn to the tension between the state's purported efficacy in achieving its aims and the theory of resignification that Butler deploys widely throughout her work. Finally, I look at the understated role of Creon whose failure to compel obedience from Antigone is largely occluded in Butler's re-reading of Antigone. (shrink)

The focus of this paper is Butler's recent work on Antigone, kinship and the state. Like many advocates of radical democracy, Butler is suspicious of attempts to enlist state support for political demands, preferring politics at the level of civil society. Butler turns to the narrative of Antigone, in part, to explore just such a version of (feminist?) resistance to the state but also, crucially, to contemplate the constitutive role that Antigone (and her contemporary counterparts) represents in respect of the (...) formation of the state and politics. While sympathetic to Butler's thesis in general, in this paper, I raise three sets of questions concerning her reading of the state. First, I explore the ambiguity surrounding her conceptualization of the state. Next, I turn to the tension between the state's purported efficacy in achieving its aims and the theory of resignification that Butler deploys widely throughout her work. Finally, I look at the understated role of Creon whose failure to compel obedience from Antigone is largely occluded in Butler's re-reading of Antigone. (shrink)

This article deals with the empirical example of how social subjects, in this case women, have appropriated the language of rights in order to demand social inclusion. Since there are many different points of view in feminist theory with regard to how to deal with the idea of women’s rights, this article is divided into three sections. In the first section, I focus on how some important normative contents about democracy and rights have already been accepted by many different theorists (...) who speak from critical perspectives. In the second section, I deal with how women’s struggles have gained consensus about the importance of defending the idea of rights for their own struggles to overcome their exclusion. In the third and last section, I turn back to the theoretical efforts by leading feminists, in order to show how these struggles from women all over the world can be thematized in our global scenario. (shrink)

Judith Butler and Catherine Malabou’s recent exchange, ‘You Be My Body for Me: Body, Shape and Plasticity in Hegel’s Phenomenology of Spirit’, is remarkable because in their rereading of Hegel’s famous lord and bondsman parable, rather than focusing on recognition, work, or even desire, Butler and Malabou each wonder about how Hegel contributes to a new way of thinking about ‘having’ a body and how coming to ‘be’ a body necessarily involves a kind of dispossession. Butler and Malabou’s reading of (...) Hegel is congruent with a current shift on the left away from a liberal politics of recognition to a Marxist analytic of dispossession: a move, in other words, away from liberal ‘solutions’ of redistribution – of either goods or recognition – towards thinking through issues of settler colonialism, forced migration and empire. Butler and Malabou’s piece points towards the insight that Hegel’s parable must be thought in terms of the political history of possessive individualism, and so in terms of the history of juridically defined property relations; the history of regarding both the body and the land as property. The ‘two valences’ of dispossession, in other words, refers in fact to a logic of property relations, one between those who ‘have’ property and those who are juridically defined as propertyless. (shrink)

Though the names “Judith Butler” and “Martin Heidegger” rarely come together in Butler and Heidegger scholarship, the critical encounter between these philosophers might help us conceptualize the relationship between freedom and marginalization. In this paper, I will read Butler from the perspective of the Heidegger of Being and Time and claim that what Butler's philosophy suggests is the radical dependency of one's freedom on the cultural resuscitation of socially murdered racial, sexual, ethnic, religious, and sectarian/confessional minorities. More specifically, I will (...) claim that the socially sanctioned subject's freedom is dependent on the marginalized Other's freedom, and, conversely, the marginalized Other's freedom is dependent on the socially sanctioned subject's freedom. (shrink)

By engaging with multiple narratives of a police killing involving questionable legal procedures, known as a police encounter in India, we attempt to narrate stories of what happens to those who resist organizational wrongdoing by displaying moral anger against unethical actions. The State enables police encounters to occur by arguing that exceptional and alternate methods are required to engage with the crisis of terror and crime that the nation faces. Thus, police encounters are executed in the name of the collective (...) morality of the greater common good. Those who resist police encounters argue from the standpoint of a democratic morality by suggesting that the very efficacy of democratic institutions will be eroded if encounters are normalized. We explore questions of organizational ethics from a temporal perspective while navigating between contending moral positions regarding police encounters. (shrink)

Si bien la crítica antihumanista de la categoría de lo humano tenía un objetivo eminentemente emancipador, ha desembocado en los últimos años en una paradoja vinculada a la defensa del carácter construido y, por tanto, descualificado de lo humano. Para responder a esta paradoja, varios filósofos ubicados en el espacio teórico del antihumanismo se han visto forzados a repensar, y en cierto modo a recuperar, lo humano. Judith Butler ofrece uno de los tratamientos más sofisticados de esta cuestión en la (...) medida en que propone, según nuestra hipótesis, no un nuevo concepto de lo humano o un nuevo humanismo, sino distintas figuras de lo humano articuladas en torno a dos vértebras fundamentales: la impropiedad y la precariedad. Al explorar la tensión que modula la relación entre estas dos vértebras, sostenemos que Butler estaría sentando las bases para una antropología política crítica, antihumanista y no antropocéntrica. (shrink)

In the first section of this essay, I offer a brief overview of Hegel’s dozen or so mentions of dance in his Lectures on Aesthetics, focusing on the tension between Hegel’s denigration of dance as an “imperfect art” and his characterization of dance as a potential threat to the other arts. In the second section, I turn to an insightful essay from Hans-Christian Lucas on Hegel’s “Anthropology,” focusing on his argument that the Anthropology’s crucial final sections threaten to undermine Hegel’s (...) entire philosophy. And in the final section, I offer my own reading of the Anthropology, connecting the threads of my previous two sections. More specifically, I attempt to show that Hegel has in effect quarantined dance in what he terms “the dark regions” of madness in “The Feeling Soul.” Overall, I suggest that this quarantining is ultimately as problematic for Hegel as it has been for dance. Because without dance, complete with its associations with people disempowered in their embodiment, this crucial transitional section in the Anthropology remains burdened with a corporeal remainder that problematizes the entire system. Put simply, Hegel must – by his own logic – learn to dance gracefully with those he would rather shun. (shrink)

Martin Heidegger was not only one of the greatest philosophers of the twentieth century but also a supporter of and a contributor to one of the most discriminatory ideologies of the recent past. Thus, "the Heidegger's case" gives us philosophers an opportunity to work on discrimination from a philosophical perspective. My aim in this essay is to question the relationship between freedom and discrimination via Heidegger's philosophy. I will show that what bridges the gap between Heidegger's philosophy and a discriminatory (...) ideology such as the National Socialist ideology is Heidegger's conceptualization of freedom with the aid of a monolithic understanding of history--one that refuses to acknowledge the plurality and heterogeneity in the socio-historical existence of human beings. Accordingly, I will claim that the Heideggerian freedom depends on the social, if not literal, murder of the marginalized segments of a given society. However, I will refuse to conclude that Heidegger's philosophy is a Nazi philosophy and that it should never be appropriated as long as we want to purify our thoughts from discriminatory ideas. Rather, I will re-appropriate Heidegger, against Heidegger, to read and interpret Michel Foucault's and Judith Butler's philosophies. My aim here is to construct a social ontology that may justify anti-discriminatory policies. More specifically, through my Heideggerian readings of Foucault and Butler, I will argue that one's freedom is dependent on the cultural resuscitation of socially, and sometimes literally, murdered racial, sexual, ethnic, religious, and sectarian/confessional minorities. (shrink)

Most readings of Tayib Salih’s Season of Migration to the North have focused on Mustafa Saeed and the nameless narrator, both male characters, and they have largely avoided a politically radical reading of the novel. This article attempts to present the female character, Hosna, as the revolutionary par excellence, following Lacan and Slavoj Žižek’s reading of Antigone. Th rough Žižek’s distinction between the act and action, this article argues that Hosna’s deed at the end of the novel, murder and suicide, (...) is not just an action out of hopelessness but rather an act that aims to make a new social order possible. We will try to connect Žižek’s distinction between act and action to Benjamin’s distinction between divine violence and mythic violence and Lacan’s idea of “Th ing-directed desire” (Marc De Kesel 245). By doing so, this article aims to put the extreme violence of Hosna in a new light and argues against the readings that simply ignore her act as an extreme form of violence and fail to see it in a broader framework of philosophical and sociological understanding. (shrink)