Various contemporary legal theorists have turned to ‘imagination’ as a keyword in their accounts of law. This turn is fruitfully considered as a potential response to the modern condition diagnosed by Max Weber as ‘disenchantment’. While disenchantment is often seen as a symptom of a post-metaphysical age, it is best understood as the consummation of metaphysics and not its overcoming. Law’s participation in disenchantment is illustrated by way of Holmes’ parable of the dragon in ‘The Path of the Law’, which (...) illustrates the rationalization and demystification of law. Four ideal–typical turns to ‘imagination’ are identified: the theoretical, the progressive, the transformative and the nostalgic. Most of these turns to imagination remain complicit with disenchantment. ‘Imagination’ often appears only to be harnessed in the service of more conventional keywords of legal thought: theoreticians turn to imagination as synthesis to serve as a form of super-reason; progressives turn to imagination as empathy to make law a more effective instrument; transformatives turn to imagination as invention to serve as a form of super-will. By turning to imagination as attunement, nostalgics come closest to accepting a world that is not masterable, i.e. they come closest to accepting an enchantment that is a gift and not the product of our imaginations. Indeed, modern imaginations are themselves symptoms of disenchantment. If Weber’s diagnostic calls for a human response, it cannot be one of overcoming disenchantment by imaginative re-enchantment: it belongs integrally to enchantment to exceed any and all human capacities. (shrink)

In his essay ‘Critique of Violence’, Walter Benjamin subjects violence to a critique in order to establish the criterion for violence itself as a principle. His starting point is the distinction between law-positing and law-preserving violence. However, these are for him inseparable and subjected to the law of historical change: the history of the law is nothing but the dialectical rising and falling of legal orders. Benjamin’s analysis of legal violence and his criticism of parliamentary democracies, this article advances, should (...) be related to the critical analysis of the possibilities for alternative politics in contemporary democratic rule of law states, as those advanced by Bernard Noël, Philippe Lacoue-Labarthe, Jean-Luc Nancy and Jacques Rancière. For Benjamin, it is only law-destroying divine violence, whose principle is justice, not power, that is able to break this circle and open up a new era. Divine violence is, however, not only a provocative but also an extremely problematic, even dangerous, concept, as Jacques Derrida, among others, has claimed. This article considers, therefore, whether the concept of divine violence has any real political relevance in the contemporary era. (shrink)

This paper analyses the contagious nature of the paradox as the functioning principle of Deleuze and Guattari’s writing machines, aiming to emphasize the semiotic and socio-political contributions of any linguistic enterprise structurally based in paradoxes. Beckett’s texts are discussed here, as they are in Deleuze and Guattari’s works, as component abstract machines apt to couple themselves to other abstract machines in order to generate increasingly sophisticated and far-reaching liberatory procedures. As the paper shows, paradox-based discourses of the highest degree of (...) sophistication can bypass traditional models of “understanding,” replacing traditional requirements of textual interpretation with always-fruitful and immediate affective models of contact and “work” with the text. Consequently, repeated exposure to paradox-based discourses is apt to generate sophisticated affects, delineating powerful procedures to obstruct repression mechanisms and articulating a model of empowerment based on contagion rather than hierarchical distribution. (shrink)

:This article analyses some of the aesthetic and philosophical strands of Lars von Trier's Melancholia, focusing in particular on the film's remarkable Prelude, arguing that it performs a complex ethical critique of rationalist optimism in the guise of a neo-italictic allegory of world-destruction. At the same time, I suggest that Melancholia seeks to “work through” the loss of worlds – cinematic but also cultural and natural – that characterises our historical mood, one that might be described as a deflationary apocalypticism (...) or melancholy modernity. From this perspective, Melancholia belongs to a genealogical lineage that links it with two earlier films important for von Trier: Ingmar Bergman's Shame [Skammen] and Andrei Tarkovsky's The Sacrifice . All three films share a concern with apocalypticism, world-sacrifice, and historical melancholia; but they also explore different responses to the imagined experience of a catastrophic loss of world. By examining these films in relation t.. (shrink)

This article lays the ground for a sensuous appreciation of both the human body and the physical world. Drawing on the biographical account of the climber's embodied reflection of rock-climbing, the `climbing body' highlights our overwhelming tactile and kinaesthetic engagement with the phenomenal world. I Begin by emphasizing the need to consider the organic nature of human being, that we should understand how the awareness of death and our consequent sense of mutability provide a significant moment to remember the body. (...) I highlight how this might be achieved through the practice of adventure climbing. The increasing denial of the body's organicity, its mutability - perhaps a key impulse of modernity - is thereby usurped. This is followed by a structure of thought, based around the work of Georg Simmel, conveying the radical materiality of the phenomenal world. In doing so, I highlight the propensity of the environment to inscribe itself upon the human body. This idea is brought alive during the second half of the article, which focuses upon the climbing body and, in particular, the hands of the climber. As they navigate vertical ground climbers are guided by the sense of touch in order to `make sense' of the world. The climbing body orientates itself through tactile navigation: by feeling or grasp-ing its way through the world. To engage with the world tactually is to situate oneself consciously in that world and to have a potentially unmediated relationship with it. In doing so, the climber opens up the possibility for a corporeal reconceptualization of modernity. (shrink)

Poststructuralism and complexity are plural and diverse modes of thought that share a common subscription to the `anteriority of radical relationality'. They nonetheless subscribe to a different ethic of life because they address the anteriority of radical relationality in different ways. Complexity remains strategic in its bid to become a power-knowledge of the laws of becoming. It derives that strategic ethic from its scientific interest in the implicate order of non-linearity that is said to subvert Newtonian science. Poststructuralism is poetic. (...) It derives its poetic ethic from Heidegger and from the reworking of orphic and tragic sensibilities to radical relationality with the radically non-relational. Observing that all poetry is complexity avant la lettre, the article illustrates these points with the Odyssey and concludes that while complexity is ultimately concerned with fitness, poststructuralism is preoccupied with justice. (shrink)

This essay pursues Gilbert Durand’s plea for a new anthropological spirit that would overcome the bureaucracy-or-madness dichotomy which has since Nietzsche left its imprint upon contemporary thought, forcing it to choose between an “Apollonian” ontology established upon some kind of first principle and a “Dionysian” ontology consisting in the erasure of any founding norm. It does so by reclaiming Dionysus and Apollo’s original twin-ness and dual affirmation in dialogue with contemporary anthropological theory, especially Roy Wagner’s thesis on the interplay of (...) “elicitation” and “containment” in sociocultural life. What would happen then, I ask, if we were to reimagine today’s philosophical game – which after Heidegger Deleuze, and Derrida turns variously and increasingly around subtraction – otherwise: as a chiastic board on which Apollo would cut Dionysus’s continuum, which Dionysus would in turn restore despite Apollo’s cuts, and on which the obliteration of any of the two gods would entail the inevitable dismemberment of the other? Accordingly, I offer a full reassessment of Dionysus’s and Apollo’s complementary roles in ancient-Greek culture in discussion not only with Nietzsche’s Dionysian philosophy but also with Ihab Hassan’s postmodern critique of Orpheus. All of it less with the purpose of putting forward a new metaphysics than with the intent of restating the translucent-ness that keeps together reality and thought against any claim that they are either transparent or opaque to one another. (shrink)

Subject to the ruthless accountancy of the neoliberal university, the humanities are under increasing pressure to make a case for why they count. This article focuses on how the field of li...

Contemporary phenomenological discussions on relationship between painting and nothingness have mainly employed Sartrean and Heideggerian notions of nothingness. In this paper, I propose another perspective by discussing the possibility of pictorially depicting Levinas’s notion of the nothingness of being, which he develops in his early works in terms of the il y a. For Levinas, the il y a intimates itself in moments like insomnia, where the world as a horizon of possibilities slips away and all there is left is (...) an experience of present absence, an enchainment to the night, which renders the insomniac utterly impotent and exposed. The possibility of eliciting an experience of the il y a through artistic means has been extensively discussed in literary theory, but so far there has been hardly any discussion regarding the pictorial depiction of the il y a. In this paper, I suggest that the atmospheric interior paintings of the Danish artist Vilhelm Hammershøi exemplify par excellence a painterly rendering of the experience of Levinasian nothingness. Through an analysis of Hammershøi’s compositional techniques, I show how figurative means can bring about an anonymous, non-figurative presence which eludes reification. (shrink)

The main aim of this paper is to reconstruct different aspects of the history of ideas of suicide, from antiquity to late modernity, and contemplate their dialectical tension. Reflexive suicide prevention, drawing on the ancient wisdom that the art of living is inseparable from the art of dying, takes advantage, it is argued, of the contradictory nature of suicide, and hence embraces, rather than trying to overcome, death, pain, grief, fear, hopelessness and milder depressions. This approach might facilitate the transformation (...) of inner shame to inter-personal guilt, which is the precondition for coping with losses through grieving that is shared with others. The traditional projection of suicide on the ‘Other’, reinforced by modernity’s bio-political suppression of death, has inhibited development of good suicide prevention. Awareness of the ambiguity and ambivalence found in suicide may work as a resource when measures are taken to address as many causal mechanisms as possible, and bringing special emphasis to external factors. (shrink)

Heidegger’s discussion about the rise of the arbitrary power of “machination” in his late 1930s writings does not just echo his well-known later thinking on technology, but also affords a profound insight to the ontological mechanism of oblivion behind the history of Western thinking of being. The paper shows how this rise of the coercive power of ordering signifies an emergence of historically and spatially significant moment of completion: outgrowth of the early Greek notions of tekhne and phusis in terms (...) of globally expanding systems of calculative orderings. The paper thus aims to show how the condition of machination marks a fundamental implementation of the hidden consummation of the mechanism of oblivion now being re-adopted into the operational clarity of calculative rationality. It is argued that the rise of machination became possible through the historical process of replacing the early Greek disposition of existence, the wonder, with calculative rationality of ordering. (shrink)