Postmodern, poststructural, and critical theorists say that there are no universally valid foundations for norms. Whether or not we think that ethics exists in international life, or ought to, these theorists maintain that there are no firm grounds for any particular ethical belief. Rather, they argue, ethics is contextual.Many, perhaps most, students of international ethics believe that such approaches have little to offer considerations of international ethics. Christopher Norris says postmodernists are nihilists: “Postmodernism is merely the most extreme (or as (...) some would say, most consistent and consequent) version of this desire to have done with all truth-claims beyond what is presently and contingenty ‘good in the way of belief.‘” Ken Booth argues: “If one scratches a committed post-modernist one will almost certainly find a comfortably well-off Western urban liberal. Those who live against the wall, or who have emancipated themselves from such a position, do not hold these views.… The reason for this is obvious, and relates to the fact that post-modernism—certainly that of a doctrinaire variety—does not deliver an ethics for the emancipation of victims across the world.”. (shrink)

The viscerally Freudian elements of Adorno's use of the concept of mimesis interweave with readings of Kafka in which certain thoughts about childhood play an important role. The first section of this article links biological mimicry with critical theory and art: both mimic what they criticize, while also conserving a repressed and childlike mimetic relationship with otherness and sexual difference. Adorno criticizes both the civilized repression of the mimetic impulse and its subsequently distorted return, a dialectic neglected by direct appeals (...) to mimesis. Good art tries to extricate itself from these distortions. Conversely, the second section of this article explores Adorno's suggestion that fascistic psychology is a refuge for a twisted mimesis of mimesis, which gratifies the worst side of repressed nature while ideologically appealing to the best. Anti-Semitic humour shows how the fascist mimics his own aggressive fantasy of natural law, while secretly envying the closeness to nature he thinks he detects in other races. The final section uses Freud's theories on sympathetic and sadistic comedy to unpack Adorno's readings of Kafka and Mörike. Adorno's critical recuperation of mimetically childlike moments of ridiculousness in art clarifies his differentiation of the varieties of mimesis, as well as countering the gloomy stereotype of the humourless intellectual. But the black side of Adorno's use of laughter dialectically maintains his commitment to painfully remembering the victims of history. (shrink)

In the paper, I argue that the existing model of cultural-legal transplantation predicates on a binarism of overseas/local culture. Seeing the limitation of such a binary model, I aim to develop a transplantation/osmosis mechanism by elaborating the model of ‘cultural simularity’. I will also use the proposed model to examine how the Euro-American discourses of justice infiltrates/interacts with the Han-Chinese culture.

: This essay examines Irigaray's analysis of politics and the political implications of her critique of sacrificial orders that repress difference/matter. I suggest that her descriptions of a fluid "feminine" can be read as an alternative symbolic not dependent on repression. This idea is politically promising in opening a possibility for justice and a nonantagonistic intersubjectivity. I conclude by assessing Irigaray's concrete proposals for sexuate rights and a civil identity for women.

This essay examines Irigaray's analysis of politics and the political implications of her critique of sacrificial orders that repress difference/matter. I suggest that her descriptions of a fluid “feminine” can be read as an alternative symbolic not dependent on repression. This idea is politically promising in opening a possibility for justice and a nonantagonistic intersubjectivity. I conclude by assessing Irigaray's concrete proposals for sexuate rights and a civil identity for women.

This article discusses the problem of understanding in Adorno’s critical theory. It is argued that another rationale for the contingency of understanding is provided by Adorno, one that justifies understanding critical theory as disclosing critique. For Adorno, what is responsible for the contingency of understanding is not the local limitation of our knowledge and vocabulary, but the presupposition of understanding itself. In this article, two readings of this contingency of understanding are distinguished: an epistemo-critical one and an ideology-critical one. Finally, (...) the case is made for adopting the epistemo-critical view of the contingency of understanding in preference to the ideology-critical view - not least because it contains a normative impulse which goes beyond contextualism. (shrink)

The article presents so-called “derivational” theory of legal interpretation and analyzes its basic assumptions. The derivational theory of legal interpretation is still little known outside of Poland. The article is divided into two parts. The first part is presenting the normative model of legal interpretation according to the derivational theory. In the second part, the basic assumptions and features of the theory are analysed in context of some other approaches to legal interpretation. The author argues that there are two levels (...) of the derivational theory: local and universal. The local level of theory is related to the fact that it was designed for Polish legal system and legal culture. However, beyond its local features, the derivational theory is presenting strong theoretical framework and some significant universal ideas about legal interpretation. This creates universal level that can be called the “hard core” of the theory. The author characterizes the elements of this hard core, and in particular the most important element: the idea that the legal interpretation consists in the reconstruction of legal norms from legal provisions. (shrink)

This article addresses the question how educational theory can overcome the assumptions of the tradition of the philosophy of consciousness, a tradition which can be seen as the foundation of the modern project of education. While twentieth century philosophy has seen several attempts to make a shift from consciousness to intersubjectivity (Dewey, Wittgenstein, Habermas) it is argued that this shift still remains within the humanistic tradition of modern thought in that it still tries to define, still tries to develop a (...) theory about the human subject. Foucault's thesis of the end of man is interpreted as an attempt to move beyond humanism, an attempt motivated by a sincere concern for the humanity of the subject. Starting from the question as to who comes after the subject, several answers to this question, which all share an interest in the question as to where the subject comes into presence, are discussed (referring to the writings of Tschumi, Arendt and Levinas). In the concluding section it is argued that one way to move beyond the humanistic tradition of modern thought is to conceive of the subject in terms of responsibility and ethics (Levinas) and to conceive of the very task of theory in terms of justice, and not in terms of truth. This, so it is argued, should be the final concern for educational theory and curriculum theory. (shrink)

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialec-tical notion of rationality this alternative account espouses an ambitious (...) approach to rea-soning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their recip-rocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive. (shrink)

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialectical notion of rationality this alternative account espouses an ambitious (...) approach to reasoning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their reciprocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive. (shrink)

In this contribution, the author takes as his starting point two paintings by Poussin on the subject of The Death of Phocion and their implications for subjectivity and a contemporary politics. Focusing on the South African context, he makes use of the metaphor of the wall, as representative of both the politics of oppression as well as the politics of reconciliation. The wall is consequently related to the transformative role of mourning in what he refers to as a politics that (...) comes after—a politics that itself depends on a disruption of the traditional model of rational politics depicted in the Poussin paintings by the brightly-lit walls and buildings of Athens. In this regard the author defends an ethico-politics of unboundedness where the wall no longer primarily functions as a cipher of exclusion or a stable inside/outside but, in addition, comes to stand as a marker of the radical disruption of a politics founded in subjectivity. Here the author refers to the ongoing interruption of the South African political landscape by the return of the remains which highlights the significant transformative relationship between mourning and democracy. (shrink)

Amy Allen presents Adorno’s and Horkheimer’s Dialectic of Enlightenment as a productive movement between a commitment to the project of reason and a sensitivity to the effects on reason of power and domination. Agreeing with the thrust of her paper, my response considers two questions that Allen’s paper opens up. The first asks how individuals might seek emancipation through reason, knowing that their reason cannot transcend contexts of power. The second asks how best to practise critical theory, given that its (...) analyses and categories cannot rid themselves of contexts of domination. To the first, I answer that Allen’s account of creative individual effort needs to be supplemented by the cultivation of an accommodating and welcoming culture, marked by the sorts of civic attitudes that Derrida and Habermas bring to their maturing relationship. Regarding the second, I extend Allen’s hopes for a post-Habermasian phase of critical theory, indicating four resources in contemporary French philosophy for its further development. (shrink)

On the one and on the multiple -- On the real and the imagined -- On the limit and the limitless -- The real transcending itself (through love) -- The real in the identity.

Investigates, by way of Derrida's engagements with Kant, how the foundations of modern constitutionalism can be differently conceived to address some of the challenges of the twenty-first century.

This article explores the ethical consequences of the seemingly benign suggestion that the retelling of an event of state sponsored violence through the protocols of the law can provide a lesson/forum for fostering “discursive solidarity.” Focusing on the example of post‐dictatorship Argentina, the apparent pedagogical soundness of transmitting the traumatic event through legal commemoration will be complicated by considering how the law is employed as a mechanism for bracketing divisive memories and affects that interrupt the coherence of the national imaginary. (...) Underlining these issues will be a concern with the difficulty of historicizing abject affections, of interpreting and transmitting post‐traumatic rage through the intertextual web of normative allusions. The discussion grapples not only with the political/practical consequences of attempting to absorb and transmit (hermeneutically) the disavowed affects of a social traumatic event, but also speculatively gestures us to consider another sense of justice: one that provides the impetus to confront how we are obligated before that which is lost through our terms.1. (shrink)

Using a case vignette as an illustration, an expanded framework for examining ethical issues in human service practice is proposed. The article argues that the helping relationship is multiply constructed through discursive fields, rather than being a given, and that the lens of ethics must be widened to understand both the highly contradictory nature of practice, with its accompanying paradoxes, and the broader structures that constrain and influence practitioners. The article draws on the centrality of the concept of ethical trespass (...) to recognize the inevitability of some level of harm in the application of human service work, despite intention or skill. At the same time, investigating workers' uses of resistance to the dominant discourses is suggested as a means to edge toward the reduction of trespass. (shrink)

In this article, I argue that Donna Haraway's figure of the cyborg needs to be reassessed and extricated from the many misunderstandings that surround it. First, I suggest that we consider her cyborg as an ethical concept. I propose that her cyborg can be productively placed within the ethical framework developed by Luce Irigaray, especially in relationship to her concept of the “interval between.” Second, I consider how Haraway's “cyborg writing” can be understood as embodied ethical writing, that is, as (...) a contemporary écriture feminine. I believe that this cyborgian “writing the body” offers us a way of both creating and understanding texts that think through ethics, bodies, aesthetics, and politics together as part of a vital and relevant contemporary feminist ethics of embodiment. I employ the term “poethics” as a useful way to describe such a practice. (shrink)

If, as Lefebvre argues, every society produces its own social space, then modernity might be characterized by that (anti-)social and instrumental space epitomized and idealized in Le Corbusier's writings. This repetitively patterned space consumes and regulates the differences between places and people; it encapsulates a normalizing morality that seeks to reduce all differences to an economic order of the Same. Lefebvre's dialectical conceptualization of 'difference' can both help explain the operation of this (im)moral landscape and offer the possibility of alternative (...) post-modern social spaces that might produce and respect Otherness. In this sense Lefebvre's work is an incipient 'difference ethics'. (shrink)

Educational theorists working within the tradition of Jacques Derrida and Emmanuel Levinas’s thought, posit teaching to be a site of implied ethics, that is, a realm in which non-violent or less violent relations to the other are possible. Derrida links ethics to the realm of friendship, enabling one to understand teaching as a site of the ethics of friendship. I clarify how friendship, as a re-metaphorization of differance, opens us up to a conception of teaching that provides a counterpoint to (...) the current discourse of ‘effective’ teaching. I draw out the implications of the Derridean conception of friendship for the educator in his or her philosophical orientation towards teaching and attempt to show that friendship points the educator towards an orientation that enables a ‘fine tuning’ and opening up of one’s sense of obligation and responsibility to one’s students in ways that cannot be circumscribed to current or institutionally sanctioned ways of understanding the activity of teaching, especially as it is often envisioned in American public education. (shrink)

: Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resis-tance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resistance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

This paper examines the relation or, more precisely, tension between postmodern deconstruction and ethics by elaborating upon the ethico-political dimensions of deconstructionism. It embarks on a critical assessment of postmodern discourse on ethics in view of its political implications by analyzing Jacques Derrida''s and Richard Rorty''s arguments with an assumption that their positions represent a certain logic in the postmodern discourse on ethics. Postmodern ethics is based on incredulity with regard to traditional metanarratives, and it defines ethics in terms of (...) sensitivity or responsibility to otherness and difference. Its proponents believe that the negation of modern metanarratives opens a way to the Other which has been marginalized and suppressed both in thought and in social practice. Derrida and Rorty represent this position with their emphasis on the ethical nature of deconstruction and the need to elaborate new languages for ethics. Despite postmodern appeal to ethics of this sort, however, postmodern thinking shows its limits in dealing with most ethical-political matters in the contemporary world. The postmodern approach to ethics, being restricted within the perspective of the individual, does not provide any determinate framework for deciding how to adjudicate conflicting ethical claims or how to link the unconditional affirmation of emancipatory ideals, enlightened social criticism, and democratic accountability in determinate political terms. In the main, this paper contends that philosophical deconstruction and responsibility to otherness undermine each other in the public sphere. (shrink)

While the volume of material inspired by Rawls’s reinvigoration of the discipline back in 1971 has still not begun to subside, its significance has been in serious decline for quite some time. New and important work is appearing less and less frequently, while the scope of the work that is appearing is getting smaller and more internal and its practical applications more difficult to discern. The discipline has reached a point of intellectual stagnation, even as real-world events suggest that the (...) need for what political philosophy can provide could not be more critical. What follows then is a set of statements about how I believe that we, as political philosophers, should approach what we do. It contains my view as to what political philosophy should be about, how political philosophy should be done, and how courses in political philosophy should be taught, interlaced with commentary on the current state of the profession. (shrink)

The subject is the bearer of the sovereign decision, according to C. Schmitt. This decision grounds on certain situational pragmatics, yet mainly is born out of a ‘null’; as the decision forms the political normalcy that follows after, it displays its nature as an ‘event’. This subject is simultaneously a legal and a political one; it is the founder of the Nomos. This founding subject has been eclipsed in alignment with its post-modernly acclaimed ‘death’. The subject is deemed to have (...) been inherently divided, as long as its identity steadily postpones itself, is incessantly ‘differing’, according to the deconstructionist approach; or it is considered as fundamentally ‘passive’, meaning not so much ‘weak’, but rather dethroning the Western preoccupation with the active autonomous individual; or, it is maintained but intrinsically reversed, now held either as part of a fundamental ontological order and indirectly of the nature, or, opposite to Kantian assumptions, as primarily captured in a radical heteronomy, which constitutes it as a proper ethical subject. Crucial is how to develop a concept taking into account the eventfulness of the constitution of the subject, without effacing the political character of such constitution by reducing it to non-political discourses, i.e., to metaphysics, morals or economics; how to conceive of Derrida’s ‘democracy to-come’ as political event, namely both as secular act and in the same time as referring to extramundane fundaments ; how to go beyond the linearity of the liberalist ideology by equating the political event with a messianic miracle ‘without messianism’; how to ‘salute’ democracy? (shrink)

Throughout history, the world has been concerned with progress in different areas, and Medicine has not been the exception. Nevertheless, has this progress been positive in the sense of entailing benefits? The question emerges considering that through this progress, human beings have been able to modify natural processes. Considering this, the research question is: What is the role that medicine—a human and scientific discipline—must play, and which is the concept of what a human being must have in a world where (...) utilitarianism prevails over non-material benefits? Also, what are the implications of that role and concept on the decision-making about health, notions about humanity and, areas which require responsibility? The rise of artificial procedures which generate life, simultaneously defying time leads to the main objective of this paper: To present ideas on the current perception about the medical practice; in terms of responsibility about the human side of the patient, related to artificial practices. A second objective is to approach a social topic that motivates to reflect on new and recurring practices in the medical field. This topic will be studied from a hermeneutical perspective to establish relations and an interpretative approach between them, through Thiebaut’s work and Tría’s Philosophy of the Limit, considering the concept of human being and considering that there are limits which should be respected. Afterwards, the focus will be on the medical praxis and its sense of responsibility regarding human beings. (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)

One of the main purposes of feminist jurisprudence is to create or find better ways of being and living for women through the analysis, critique, and use of law. Rich work has emerged, and continues to emerge, from feminist theorists exploring conceptions of the self, personhood, identity and subjectivity that could be used to form a basic unit in law and politics. In this article, it is argued that a strong sense of human subjectivity needs to be retained to enable (...) the human potentiality of women and men to flourish. This can be done in a way which is not essentialist, yet does not dissolve the subject out of existence, issues pertinent to feminist jurisprudence in recent years. (shrink)

This article draws on the work of the philosopher Emmanuel Levinas to offer a fresh insight into the law’s response to the issue of whistleblowing. In order to achieve this we briefly outline the main themes of his philosophy of otherness which insists that the very essence of ethics springs from the subjection (a succumbing) of the Subject to the ethical call of the Other. We provide a short description of the UK law on whistleblowing before undertaking a Levinasian reading (...) of a particular case in order to consider the dilemma that confronts the judge in framing an ethical response to the whistleblower as Other. (shrink)

The scope of the paper is to present the concept of the radical dyad of the “non-human,” in an attempt to think radical humanity in terms of Marxian materialism, which is the product of approaching Marx’s writings on “the real” and “the physical” by way of François Laruelle’s non-philosophical method. Unlike posthumanism, inspired by critical theory and the method of poststructuralism, the theory of the non-human, as a radical dyad of technology in the generic sense of the word (ranging from (...) the techné of speaking a natural language to AI technology) and the organic understood as physicality, does away with anthropocentrism. Moreover, it does away with any anthropomorphology of thought, that is, it does away with any theorizing or philosophy that is centered on the notion of (human) subjectivity or, to borrow a Laruellian term, any “posture of thought” that is molded according to the structure of subjectivity centered thinking. (shrink)

This paper argues for an alternative notion of spirituality for education, based on Theo de Boer’s idea of a spirituality of the desert. Rather than depicting an inner, additional region named the spiritual, spirituality here is thought of as a discourse that depicts the everyday world in a particular way. In dialogue with David Purpel’s analysis, the paper argues for a notion of spirituality that is located in an ongoing oscillation between ‘the individual’ and ‘the community.’ This oscillation turns out (...) to be the call of justice. This analysis helps understand classroom dynamics differently, providing a place of critique for current practices. (shrink)

This paper considers the tension between timelessness and timeboundedness in legal interpretation, examining parallels between sacred texts and secular law. It is argued that familiar dualities such as those between statute and judge-made law, law and equity, written and spoken discourse, dictionary meaning versus intended or contextual meaning, can be examined using this timeless/timebounded framework. Two landmark English cases, DPP v Shaw (1961) and R v R (1991) are analyzed as illustrating contrasting aspects of the socio-legal politics of “reasoning backwards”. (...) The related temporal distinction between ex ante and ex post points of view is examined both within legal theory and as a key issue for linguistic and semiotic systems. The argument is made that this distinction is the key to a wide range of methodological and theoretical problems in relating linguistics and semiotics to law. (shrink)

Emmanuel Levinas's Totality and Infinity (1961) is explicitly con cerned with the suppression of the voice of the Other by the synoptic totalizations of the voice of western philosophy. Levinas contests this emergence of Being and the systems of totality it indicates with the irruption of the face of the other, which signifies through contact and sensibility the presence of infinity within the human situation. Derrida's reading of this fundamental testing of western ontology rests on the accusation that western philosophy (...) already has a term for this: empiricism. That is, Derrida exposes an alien voice within Levinas's exposure of the voice alienated from ontological formulations. In the later Otherwise than Being or Beyond Essence (1974) Levinas implic itly recognizes the truth of Derrida's demonstration of a residual con ceptualism, and shifts from the thematization of infinite exteriority given by the Other, alterity and the face-to-face relation, to the search for a signifyingness that will breach the noema's identificational closure, that is, to the direct and exposed gesture of saying. Both the limit terms of Totality and Infinity and the response they produced in Derrida have become the starting-point of Otherwise than Being or Beyond Essence: the testimony that is irreducible to a thematizing knowledge. What saves this saying from becoming in its turn another theme is that, in addition to its acting in the text, it acts upon and as HISTORY OF THE HUMAN SCIENCES Vol. 10 No. 3 © 1997 SAGE Publications (London, Thousand Oaks and New Delhi) [0952-6951(199708)10:3] the text. The vocabulary, form of composition and mode of address of Otherwise than Being or Beyond Essence strain against their inherited limits. And the work this obliges the reader to undergo is, of course, an ethical necessity, given the work's message. (shrink)

. The time of violence: Deconstruction and value. Cultural Values: Vol. 2, No. 2-3, pp. 190-205.

Two major developments of the last two decades have radically undermined traditional justifications of leftist politics: the failure of 20th-century `socialist' experiments, and what might be termed the deessentializing movement in contemporary philosophy. However, the social injustices that animated revolutionary thinkers in many respects remain, and some have arguably worsened in the era of globalized capitalism. This article investigates whether it is possible to articulate a new theoretical underpinning for progressive politics that nevertheless avoids the essentialist moves of Marxism. Ethico-political (...) readings of Derrida — one of the most influential anti-essentialist thinkers — are compared to Ernesto Laclau's attempts at formulating a post-Marxist progressive politics built around the notions of `hegemony' and `radical democracy'. Laclau's intervention in the Marxist tradition is to deconstruct its traditional categories so as to take account of contingency; his intervention in deconstruction is to introduce what in this article is described as `contestation', so as to provide a more coherent account of the political. The article concludes that neither deconstruction nor radical democracy provides an adequate basis for poltical action, but that the latter's account of the political is a meaningful development of the theoretical schema articulated by the former and does point to the possibility of a non-essentialist progressive politics. Key Words: aporia • contestation • contingency • deconstruction • Jacques Derrida • hegemony • justice • Ernesto Laclau • Emmanuel Levinas • responsibility. (shrink)

This article argues that the figure of Oedipus lies at the heart of Horkheimer and Adorno's Dialectic of Enlightenment. Oedipus is the prototypical Aufklärer as no one can rival him in his courageous attempt to employ his own autonomous reason `without direction from another'; yet self-knowledge remains beyond his grasp. Indeed, Oedipus' obsessive drive to bring the truth to light ultimately leads him to put out his own eyes because he is unable to bear the sight of the catastrophe that (...) this drive engenders. Oedipus' demise represents in allegorical form the self-destruction of enlightenment itself. Enlightenment is similarly driven to illuminate the world in its totality by reducing it to philosophical concepts. In the process, however, it becomes blind to the question of its dependence upon that which it purports to possess. In its attempt at total illumination, therefore, enlightenment does not effectuate an exit or Ausgang from the opacity of myth, as Kant had held, but rather is blinded, paradoxically, by the radiance of its own projections. Reading the dialectic of enlightenment through the tragedy of Oedipus leads back to the enigmatic question of art as the means by which the rationalization and disenchantment of the world can be reflected upon critically. (shrink)

In this article the author explores Jacques Derrida’s reading in The Purveyor of Truth of Edgar Allan Poe’s The Purloined Letter. In his essay, Derrida proposes a reading which differs markedly from the interpretation proposed by Lacan in his Seminar on ‘The Purloined Letter’. To appreciate Derrida’s reading, which is not hermeneutic-semantic in nature like that of Lacan, it is necessary to look at the relation of Derrida’s essay to his other texts on psychoanalysis, more specifically insofar as the Freudian (...) death drive is concerned. The present article explores this ‘notion’ as elaborated on by Freud in Beyond the Pleasure Principle as well as Derrida’s reading of this text. It also investigates the importance of the ‘notion’ of the death drive as well as the significance of Derrida’s reading of The Purloined Letter for constitutional interpretation. (shrink)

When we deal with complex things, like human subjects or organizations, we deal with identity – that which makes a person or an organization what it is and distinguishes him/her/it from other persons or organizations, a kind of “self”. Our identity determines how we think about and interact with others. It will be argued in this chapter that the self is constituted relationally. Moreover, when we are in the realm of the self, we are always already in the realm of (...) engaging with and mediating differences – the realm of ethics. The position which will be developed argues that approaching identity as a complex system allows us to resist thinking of identity as an easily identifiable and static entity. Identity is always being constituted within a complex and contingent world, where we have to make choices based on contingent values rather than on universal knowledge or the outcome of rational calculations. As a result, we have to keep in mind that our daily practices always already have an ethical component, and our decisions need to be continually evaluated and re-evaluated in the light of our (and others’) varying identities. (shrink)

ENGLISH ABSTRACT: This thesis is a philosophical exposition of violence informed by two theoretical positions which confront complexity as a phenomenon. These positions are complexity theory and deconstruction. Both develop systemsbased understandings of complex phenomena in which relations of difference are constitutive of the meaning of those phenomena. There has been no focused investigation of the implications of complexity for the conceptualisation of violence thus far. In response to this theoretical gap, this thesis begins by distinguishing complexity theory as a (...) general, trans-disciplinary field of study from critical complexity theory. The latter is used to develop a critique and criticism of epistemological foundationalism, emphasising the limits to knowledge and the normative and ethical dimension of knowledge and understanding. The epistemological break implied by this critique reiterates the epistemological shift permeating the work of, among others, Friedrich Nietzsche and Jacques Derrida. In this context, critical complexity theory begins to articulate the idea of violence on two levels: first, as an empirical, ethical problem in the system; and, secondly, as asymmetry and antagonism. Violence in this second sense is implicated in the dynamic relations of difference through which structure and meaning are generated in complex organisation. The sensitivity to difference and violence shared by critical complexity theory and deconstruction allows for the parallel reading of these philosophical perspectives; and for the supplementation and opening of critical complexity theory by deconstruction within the architecture of this thesis. This supplementation seeks to preserve the singularity of each perspective, while exploring the potential of their points of affinity and tension in the production of a coherent philosophical analysis of violence. Deconstruction offers a more developed understanding of violence and a wealth of related motifs: différance, framing, law, singularity, aesthetics and others. These motifs necessitate the inclusion of other philosophical voices, notably, that of Nietzsche, Arendt, Kant, Levinas, and Benjamin. In conversation with these authors, this thesis links violence to meaning, to its possibility, to its production and to the process by which meaning comes to change. Given these links, violence is conceptualised in relation to the notion of difference on three distinct levels. The first is the difference between elements in a complex system of meaning; the second is the notion of difference between systems or texts around which boundaries or frames can be drawn; and the third is the notion of difference between meaning and the absence of meaning. This discussion examines the relationship between this violence implicated in the constitution of meaning and the more colloquial understanding of violence as atrocity, as rape, murder and other socially, politically and ethically problematic expressions thereof. It is to empirical violence, following Derrida and Levinas, that we are called to respond and to intervene in the suffering of the other. The ethical and political necessity of response anchors this discussion of violence. And, it is towards the possibility of an adequate response – the possibility of an ethics sensitive to its own violence and a politics that is directed at the eradication of empirical violence – which this discussion navigates. (shrink)

The science of complexity is based on a new way of thinking that stands in sharp contrast to the philosophy underlying Newtonian science, which is based on reductionism, determinism, and objective knowledge. This paper reviews the historical development of this new world view, focusing on its philosophical foundations. Determinism was challenged by quantum mechanics and chaos theory. Systems theory replaced reductionism by a scientifically based holism. Cybernetics and postmodern social science showed that knowledge is intrinsically subjective. These developments are being (...) integrated under the header of “complexity science”. Its central paradigm is the multi-agent system. Agents are intrinsically subjective and uncertain about their environment and future, but out of their local interactions, a global organization emerges. Although different philosophers, and in particular the postmodernists, have voiced similar ideas, the paradigm of complexity still needs to be fully assimilated by philosophy. This will throw a new light on old philosophical issues such as relativism, ethics and the role of the subject. (shrink)

In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...) parliament. I cite two reasons for such a conclusion. The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law. I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated 'the legal practice', and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law. (shrink)