The argument that the provocation defence is adeeply sexed excuse for murder and should beabolished is often dismissed as polemical. Thisarticle challenges this subordinating strategyfavoured by the law of provocation's apologistsand continues to make the case againstprovocation. Drawing on a range of theoreticalapproaches to questions related to polemic,anger, and ethics, it strives to valorisefeminist and queer anger about provocation'svictim-blaming narratives, while remainingcognisant of poststructuralistproblematisations of both law and law reform.

This essay undertakes a reexamination of the notion of the receptacle/chōra in Plato's Timaeus, asking what its value may be to feminists seeking to understand the topology of the feminine in Western philosophy. As the source of cosmic motion as well as a restless figurality, labile and polyvocal, the receptacle/chōra offers a fecund zone of destabilization that allows for an immanent critique of ancient metaphysics. Engaging with Derridean, Irigarayan, and Kristevan analyses, Bianchi explores whether receptacle/chōra can exceed its reduction to (...) the maternal-feminine, and remain answerable to contemporary theoretical concerns. (shrink)

Most readers of Habermas would not classify him as an existential thinker. The view of Habermas as a philosopher in German Idealist and Critical traditions from Kant to Hegel and Marx to the Frankfurt School prevails among Continental as much as among analytic philosophers. And the mainstream Anglo-American reception of his work and politics is shaped by the approaches of formal analysis rather than those of existential and social phenomenology or even current American pragmatism. One may argue that both these (...) readings eclipse richer existential dimensions of a thinker who challenges the notorious methodological and political splits among analytic, Continental and pragmatist orientations. I argue that Habermas’ critical relation to Heidegger’s a historical history of Being and his misguided political career cannot explain a competing narrative of his own affirmative appropriation of existential-ethical dimensions of thought and activism. Second, if one sets in the foreground this competing narrative, there emerges a weak thesis, whether or not a plausible complementarity between the communications critical social theory and concrete existential categories can be established. Third, one may inquire further into a stronger thesis whether or not this link must be developed in order to render Habermas’ own theory of a communicatively competent self sufficiently concrete and critical. (shrink)

This is the beginning of an exploration of before as the thesis ‘before’ (temporally) and ‘be-fore’ (spatially) difference. Before denotes the origin and the desired destination. Before (in the double sense of ‘before’ and ‚be-in-the-fore’) opens up a space of pre-difference, of origin and of forgotten memory, as well as a space of desire, objective, illusion of teleology, unity, completion. Applied to the two domains of Human Rights and Sex/Gender, the space of ‘before’ yields two slightly different vistas: in human (...) rights, a premodern, functionally undifferentiated society which had to invent human rights as its safeguards of functional differentiation. In Sex/Gender, ‘before’ brings a self-referential construction: that of ipseity, as the form of identity beyond comparison that does not play with id but with ipsum. Ipseity is inoperable but not useless. It is inoperable because it cannot be observed from anywhere without suffering rupture. It is not useless because it offers a ground for the reconceptualisation of difference, both through awe and desire. (shrink)

This article focuses on the affective potential of anticipation, in its ready endorsement of the unknown, as a formative lens for theorising feminist temporalities. I draw from earlier readings of Luce Irigaray’s conceptual paradigm of sexual difference to examine how its articulation of a feminist future that is inherently unknowable might contribute to recent debates on the temporalities of feminist thought. The article presents two broadly intersecting lines of argument. I first emphasise the continued centrality of sexual difference in its (...) anticipatory imperative for thinking feminism but – or perhaps, especially – through a contradictory retrieval of the term that re-narrates its contemporary significance. In other words, it is precisely the retroactive position that sexual difference occupies that exacts a critical reorientation of existing modes of feminist temporalities; it moreover does so as a theoretical construct that altogether circumvents our understanding of feminism as a progress narrative. Secondly, I build upon Drucilla Cornell’s contentions in Beyond Accommodation that the unknown futurity inaugurated by the trajectories of sexual difference demands a dimension of inquiry that is inevitably aesthetic (1991). I identify a possibility of literature’s reinvigoration in emergence narratives of feminist theorising, particularly in a certain ethical capacity precipitated by its affective experience of enchantment, which mirrors the ‘wonder’ that sexual difference incites. If we are to continue to use literature as a conducive space of feminist analysis, then it is the forward-looking perpetuation of feminist narratives that must also be rethought for their investment in the multiple contingencies of anticipation. (shrink)

Analysing two reproductive rights claims brought before the High Court of Namibia and the European Court of Human Rights, this article argues that human dignity is not reducible to a recognized warrant to demand a particular set of goods, services, or treatments. Rather, dignity in the contexts in which women experience sterilization abuse would be better characterized as an existential protest against degradation, a protest that takes concrete form in legal demands for equal citizenship. Equality is conceived here as necessitating (...) the elimination of all forms of discrimination against women in public and private life. The dignity as non-discrimination framework developed in the article thus integrates two of the leading interpretations of dignity in contemporary political philosophy – the existentialist approach that attends to the inward cry against degradation and the view of dignity as the equal, public status of democratic citizenship. (shrink)

Jürgen Habermas’s opus magnum, Auch eine Geschichte der Philosophie, synthesises his impressive work of the last half century. His thesis is that the modern project of the normativity of “rational freedom” can be reconstructed as a learning process of the conflictual dialogue between reason and faith, philosophy and religion in the West. Furthermore, under conditions of a world society, cross-cultural communication across lifeworlds, based on such normative principles, is possible. I argue that Habermas’s argument recapitulates a claim first made in (...) The Phenomenology of Spirit by Hegel, who presented the normativity of modernity through a narrative unfolding between two epistemological standpoints, namely, that of consciousness and “we.” Just like Hegel, in order to defend the idea of a Lernprozess, Habermas too must presuppose a unified subject called “we;” furthermore the development of such subjectivity unfolds in a homogeneous temporal process that is then assumed to be the same for all mankind. I call this a form of “historicism,” and juxtapose recent historical writing that presents the narrative of modernity and the emergence of world-society as a much more diverse and fractured process than Hegel’s and Habermas’s methodology. “Die Einbeziehung der Anderen,” I argue, must involve including the voices of those others who do not experience the normative of modernity as a process like the one unfolding between faith and reason in the West. Nevertheless, I conclude that this plea for a more complex narrative that “provincialises Europe,” is not a rejection of the normative legacy of modern rationality and freedom that are based on the ideals of fallibilism, refutability and revisability through a rational community of inquirers. (shrink)

Explores the interplay between artistic values and social, political, and moral concerns in writings by African American and Native American women.

This article further elaborates on the “pre-crime society” thesis as developed and examined by Arrigo and Sellers. Specifically, the article focuses on the ultramodern era of digital inter-connectivity and argues that productive psychic desire is held clinically captive. Ultra-modernity is populated by cyber-forms of human relating and of economic exchange that nurture hyper-securitization. We discuss how the maintenance of hyper-securitization supports a pre-crime society, and how hyper-securitization’s object of desire consists of sign-optics. We argue that the co-constitutive forces of this (...) desire represent the sign-exchange values of post-criminology. Post-criminology’s signifiers include, among others, “predictive policing”, “crime mapping”, and “actuarial penology.” Post-criminology’s signifieds produce captivity-generating bio-digital “laws” of human relatedness. Among others, these laws sanction the neurosis of de-vitalization and certify the psychosis of finalization. We explain how the unchecked excess neutralizations of de-vitalization and finalization cultivate clinical captivity. Clinical captivity is a social anxiety in which reciprocal consciousness, inter-subjectivity, and mutual power are limited in existence or are denied an existence. (shrink)