At the beginning of Derrida's ‘Before the Law’, a reading of Kafka's story with that title, is an epigraph from Montaigne's Essays: ‘… science does likewise (and even our law, it is said, has legitimate fictions on which it bases the truth of its justice)…’. Derrida again refers to this quotation in ‘Force of Law’, asking what a ‘legitimate fiction’ might be and what it would mean to establish the basis for the truth of justice. With reference to these writings (...) on the status of narrative and the law, as well as to other texts by Derrida, this paper examines the story of the judge-penitent in Camus' The Fall and, in particular, this ironic reading of the aporetic experience of standing ‘before the law’. What does the narrative, The Fall, entail? Camus writes that the man who speaks in this text is involved in a ‘calculated confession’. How are the borders between truth and fiction, justice and the law, negotiated in this reckoning ‘before the law’? (shrink)

Starting from the sensuous perception of what is seen, an attempt is made at re-casting a Husserlian theory of constitution of the object of intuition, as one leaves the natural attitude through a transcendental method, by positing several theses so as to avoid the aporias of philosophical binary oppositions such as rationalism and empiri-cism, realism and idealism, logicism and psychologism, subjectivism and objectivism, transcendentalism and ontologism, metaphysics and positivism. Throughout fifty-five theses on constitution, the Husserlian proposal of continuously reforming philosophizing (...) by transcendental reduction is revisited, leaving the latter incomplete as new conversions are required by noetic-noematic correlations between world and consciousness. (shrink)

This article questions the current vogue of Carl Schmitt among political theorists who read him as an antidote to the depoliticizing force of economics and technology in the age of neoliberalism and its algorithmic rationalities. It takes Schmitt’s sparse reflections about cybernetics and game theory as paradigmatic of the theoretical and political problems raised by any theory positing the autonomy of the political. It suggests that this ultimately misunderstands the role of cybernetic representations of political decision-making in shoring up in (...) the 1960s and 1970s the autonomy of the political that Schmitt so vehemently defended. (shrink)

Derrida thematises his writing through a change of perspective which moves from very detailed examination of an argument to more general statements. This paper is a consideration of how Derrida anchors his close attention to the detail of an argument in a wider philosophical-historical and indeed social framework. In this paper, the word in question is ‘freedom’, discussed with the philosopher and psychoanalyst Elisabeth Roudinesco; this paper moves back chronologically to Force of Law, and finally to a passage in Of (...) Grammatology to demonstrate that in Derrida's work from early to late there is a web of reflection about freedom. (shrink)

The article begins by examining two arguments used by Derrida in work published in 1967. The first claims against Lévi-Strauss that an empirical pattern of events cannot be injected into or superimposed onto an historical pattern claiming universality, for then there can be no disconfirmation of what is said. (This argument is used against Marxian history by some who write in the wake of Existentialism, Paul Roubiczek for instance.) The second claims against Foucault that he does not distinguish between reason (...) as part of thinking and language and reason as an empirical historical structure capable of modification along time. The article then discusses the use of very similar if not identical arguments in Derrida’s much more recent work on laws, Force of law. The intelligibility, the interpretability, of laws and their history comes after the laws, not before, and is thus not fully universalisable. (shrink)

This essay attempts to think through the impact of what we call our "transitional age" on organizational life, specifically on organizational regulation, and thus on organizational moral life. It provides notes towards a reconceptualization of organizational moral life that may be helpful to all students and practitioners of organization and business ethics who would want to make sense of the often significant contextuality, unpredictability, and undecidability of contemporary organizational life.

The idea of aporia, according to the author, leads to the transformation of Derrida’s philosophy on the basis of a new kind of universalism. This new universalism is based on the principles of relation and difference; it involves the concept of“radically Other” (in particular, in the modes of particularity and singularity) into the field of the Universal. As an essential factor of binarism’s deconstruction, an aporia leads to undermine a paradigm of choice. Derrida substitutes this paradigm with an attitude to (...) “impossible” interdependence of concepts, which, according to traditional approach, are treated as incompatible. -/- The author proves that universalistic potential of Derrida’s thought reveals itself in application of transcendental approach to the problem of universal. Nevertheless, in case of Derrida it is quasi-transcendentalism that unites in itself moments of critics and radicalization of Kantian and Husserlian types of transcendental approach. -/- The paper proves that the idea of aporia has fundamental significance for constituting quasi-transcendental universalism. Interconnectedness (up to identity) of concepts of aporia and experience is evinced, as well as fundamental link between the concept of aporia and basic quasi-transcendental structure of “conditions of possibility/conditions of impossibility”. Within the problem of aporia, as is shown, inherently transcendental overlap between theoretical and practical dimensions is taken place. As is detected, in the discourse of aporia there appears a rethinking of Universal/Particular (Singular) relation: traditional contraposition is transformed into oscillation and overlapping (this rethinking is proper for the transcendental approach). -/- The results of the study, set forth in the article, allow historico-philosophical conclusion about presence, significance and peculiarity of the motive of universality in Derrida’s quasi-transcendentalism. Often remaining implicit, this motive, however, appears to be the driving force for deconstructive thinking. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...) author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

In times of current crisis, the voices of women are needed more than ever. The accumulation of war and environmental catastrophes teaches us that exploitation of people and nature through violent appropriation and enrichment for the sake of short-term self-interest exacts its price. This book presents contributions on the currently most relevant and most urgent issues: reshaping the economy, environmental problems, technology and the re-reading of history from the non-western and western tradition. With an outlook into the problems of class, (...) race and gender in its intersectional framing, the collection offers a unique overview of current research in these fields and contributes to the renewal and contemporary presentation of feminist thought from partly concrete perspectives with regard to factual issues. (shrink)

Jacques Derrida's scattered remarks on the ambiguous role examples play in the passage between the universal and the singular revolve around an often-neglected point: any attempt to theorise exemplarity will itself be subject to the law it seeks to account for. This oversight limits scholarship on the subject, but may be amended by returning to the loci classici on exemplarity in Derrida's Glas, La vérité en peinture, Passions, and elsewhere. Moreover, in three texts published in the 1980s: La loi du (...) genre, Préjugés and Psyché, Derrida emphasises how literature is particularly given to ‘remark’ its own status as literature and as such provides a privileged example of the problem of exemplarity. Another example in which exemplarity is in general singularly implicated is deconstruction itself. (shrink)

Alternative dispute resolution (ADR) is a collective noun for all kinds of alternative methods to formal dispute resolution. Business ethics attempts to theorize the different forms of normative coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of interest and disagreements between economic actors (...) could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law. (shrink)

Desde un futuro anterior el pensamiento de la deconstrucción _asedia_ a la filosofía del martillo nietzscheana, ya que nos permite re-escribirla a partir de la nueva perspectiva que inaugura. En este trabajo nos proponemos abordar principalmente los trabajos de Nietzsche _Sobre verdad y mentira en sentido extramoral_ y _Sobre la utilidad y el perjuicio de la historia para la vida_, para analizar el modo en que, en estos textos tempranos, la escritura derridiana reconfigura el entramado filosófico nietzscheano.

This article uses Walter Benjamin's theoretical claims in the 'Critique of violence' to shed light on some current conceptualisations of terrorism. It suggests an understanding of terrorism as an essentially contested concept. If the theorist uncritically adopts the state's account of terrorism, she occludes an important dimension of the phenomenon that allows for a rethinking of the state's claim to a monopoly on legitimate violence. Benjamin's essay conceptualises the state as resulting from a conjunction of violence, law, legitimacy and power (...) that rests on mythical ideas about nature and history. It shows why the state claims to be justified in taking exceptional measures when this link is challenged and when its prerogative to the legitimate use of force is called into question. This, I argue, is what terrorism does. Thus, Benjamin's essay adds to a more nuanced and less one-sided understanding of both terrorism and state violence. (shrink)

The paper attempts to construct a theoretical account of what melancholy—in a psychoanalytical and cultural sense—may mean for jurisprudence. It argues that the map of relations and displacements between the object and the subject that is associated with melancholy in different psychoanalytical approaches can be fruitfully adopted for understanding of normativity. Based on a thorough re-reading of Freud’s Trauer und Melancholie, it suggests that there is an irremovable component of melancholy contained in the primordial act of separation of normativity from (...) non-normative reality. This interpretation is confronted with Kelsen’s Theory of Pure Law in order to analyse in which respect the momentum of self-sufficiency within normativity entails structures of melancholy. Kelsen’s concept of ‘effectiveness’ is proposed as a key link which explains how melancholic withdrawal allows the law to interact with reality. Then the paper discusses Agamben’s theory of applicability and of the state of exception to demonstrate the law’s melancholic trap. Finally, the paper draws on Lacanian and post-Lacanian approaches to melancholy in order to investigate how melancholic momentum is inherent in the very structure of the law’s validity. (shrink)

En Homo sacer I. Il potere sovrano e la nuda vita, Giorgio Agamben recuerda una expresión que le dirigiera Walter Benjamin a Pierre Klossowski e, indirectamente, al grupo Acéphale: vous travaillez pour le fascisme. En este artículo quisiéramos mostrar que es el pensamiento político-ontológico del propio Agamben, y también en cierto sentido el de Benjamin – quien ha influido de modo decisivo en el filósofo italiano –, el que en verdad corre el riesgo de trabajar para el fascismo. Mostraremos por (...) eso la necesidad de distinguir dos niveles de lo político: un nivel trascendental y un nivel empírico. Si no se atiende a esta distinción, argumentaremos, se corre el riesgo de trabajar, efectivamente, para el fascismo. (shrink)

While the Anglo-American tradition approaches speech acts mainly through the philosophy of language, Derrida relocates the field of analysis and considers speech acts within the broader context of political philosophy as well as the philosophy of subject. Instead of asking ‘how and under which conditions certain speech acts change the state of affairs’, Derrida questions the very nature of social links in order to reveal the ‘condition of possibility’ of performative acts in particular and of verbal communication in general. He (...) shows that this condition is the primordial trust between interlocutors. The primordial trust is based on two heterogeneous types of experience: experience of relation to the absolute Other and experience of a sacral universal law that ensures stability of society. The speech act as based of the trust is twofold: it is both an event and a reinstatement of an automatic process. This juxtaposition of the event and the mechanical forms of social life links Derrida’s political thought to that of Arendt. Their agreement, however, does not continue into the realm of the philosophy of subject. Derrida insists on the importance of the hidden conversion of the speaker who privately addresses the Other, whereas for Arendt the self has no genuine access to itself outside of the public domain of the political. (shrink)

This article investigates the discourse on child marriage as reflected in the entire corpus of official investigations Statens Offentliga Utredningar and government bills proposing legislative measures against child marriage in Sweden since the first motions on the issue were drafted in 2001. It analyzes them as instances of sexularism: a form of secularism where the secular is construed in relation to sexual emancipation and gender equality rather than in relation to politics or the public sphere. It then connects the effects (...) of legislation against child marriage on the right to family reunification to the racialization of migrant populations and religious minorities in Sweden. (shrink)