In this paper, I elaborate a Derridean deconstruction of law through the lens of Lacanian psychoanalysis. Derrida only focuses on jurisprudential law enforcement in his famous ‘Force of Law’ lecture, leaving corporeal law enforcement untouched. In turn, I explore the irresolvable conceptual tensions within corporeal law enforcement from the standpoints of (a) individuals rationalizing their obedience to law enforcement and (b) the legal system rationalizing its circumscription of acceptable law enforcement. To support my analysis, I examine landmark court cases and (...) their deleterious effects on accountability for law enforcers. In particular, I track the progression from the legal standard of ‘shock of conscience’ (i.e., established by Rochin v. California (1952)) to that of ‘objective reasonableness’ (i.e., established by Graham v. Connor (1989)), which reinforces the legal protections for and libidinal features of police brutality. In this sense, I seek to clarify the dimensions of the libidinal economy belonging to policy brutality, namely its components of sadism and superegoic enjoyment. (shrink)

This paper develops the notion of being right-with, a conceptual lens that underscores what happens when individuals turn to human rights law and other legal processes and proceedings to address injustices by the state. It does this through a critical multi-directional reading of two Uganda High Court appeal cases that overturned the decision of a lower court which at first instance had convicted Dr Stella Nyanzi of the offences of cyber harassment and offensive communications. Being right-with is a regulative and (...) coercive idea within human rights law that animates a violent irrepressible police drive. I use being right-with to assert that when individuals make rights claims under human rights law (however radical those assertions might be), they are still imbricated within a mode of liberal humanist subjecthood that is always conceptually unfree. In trying to move away from this conceptual and dialectical trap of being made right-with and unfree under liberal humanism, this paper tentatively considers Black feminist theorisations of care and freedom ‘to-come’, as well as Édouard Glissant’s notion of opacity to explore the concept of being with elsewhere as a way of articulating practices of Black life that make freedom elsewhere possible. (shrink)

To date, film scholars have found the films of Jim Jarmusch to be tantamount to works of postmodern philosophy. For as intriguing and productive as such interpretations of Jarmusch’s films have been, I submit that the postmodern framework occludes a crucial aspect of Jarmusch’s film-philosophy, namely, his investment in the ordinary. From this perspective, I intend to show the availability of Jarmusch’s films to Wittgensteinian interpretation. More specifically, I plan to situate Jarmusch’s arthouse action film Ghost Dog: The Way of (...) the Samurai (1999) between Ludwig Wittgenstein and Jacques Derrida in order to demonstrate the profound affinities between Jarmusch’s film-philosophy and Wittgenstein’s conception of ordinary language. Through a consideration of character dialogue, I will demonstrate the extent to which Jarmusch rejects the private language argument – which, by extension, amounts to a rejection of linguistic relativism as an instance, or species, of skepticism – in favor of ordinary conceptions of language, expressiveness, knowledge, and responsibility. (shrink)

The body in need of care is the subaltern of the neoliberal epistemic order: it is that which cannot be heard, and that which is muted, partially so even in care ethics. In order to read the writing by which the needy body writes the world, a new ethics must be articulated. Building on Jacques Derrida’s philosophy of deconstruction, Gayatri Chakravorty Spivak’s notions of subalternity and epistemic violence, critical disability scholarship, and corporeal care theories, in this article I develop an (...) ethics of needs. This is an ethical position that seeks to read the world that care needs write with the relations they enact. The ethics of needs deconstructs the world with a focus on those care needs that are presently responded to with neglect, indifference, or even violence: the absence of care. Specifically, the ethics of needs opens a space—a spacing, an aporia—for a more ethical politics of life than neoliberal biopolitics can ever provide, namely, the politics of life of needs. (shrink)

The article addresses the role of scarcity in negotiating the relationship between intellectual property, particularly from a legal-economic perspective, and property rights, as understood by transaction cost economics, to shed light on the deadlock faced by those suffering from neglected tropical diseases (NTDs). The consistency of the law and economics fundamentals that support the trade on knowledge goods, namely patents on essential medicines, is put under check by Scott Veitch’s scholarship on legal irresponsibility. The damages that emerge from the operations (...) of the intellectual property system are registered in the novel concept of negative public domain, and are due mainly to the lack of access to treatments that end up being unaffordable, or to innovation that leads to new drugs that is not sufficiently incentivised though price signals. The accountability for such damages is taken into consideration by arguing that the disavowal of responsibility is made possible by the negative public domain, which is balanced by the construction of a positive response through the language of rights. As such, responsibility per se is preserved, evading one instantiation of Teubner’s legal paradoxes, but rendered ineffective by design. In other words, even if the harms endured by those affected by the NTDs can be traced back to the operations of the intellectual property system, there is no one to hold accountable. The main goal pursued through the article is to make such an arrangement explicit, by giving centrality to the notion of scarcity and its interplay between legal and economic theory, alongside the novel concept of negative public domain as a site where the actual consequences of irresponsibility lie, to hopefully inform further critique in subsequent works. (shrink)

The political philosophy of radical democracy has made innumerable invaluable contributions to theories of democracy. However, while radical democrats tend to focus on the political, a cogent and comprehensive framework of law appropriate to radical democracy has only recently been begun to be developed. Interpreting the vast tradition of radical democracy to be based at least on the fundamental tenets of radical equality, anti-foundationalism, and to a lesser extent conflict, this paper argues that the oft-forgotten work of the American legal (...) philosopher Robert Cover may provide critical resources for a radical democratic theory of law. According to Cover, every agent living under law is embedded, or embeds themselves, within a nomos or normative universe. From this nomos legal texts become imbued with widely different meanings, many of which will be mutually incompatible. Cover’s legal anarchism, moreover, gives way to the argument that no agent or institution has a particularly privileged view of the ‘correct’ law. Accordingly, every legal texts gives rise to a proliferation of normative universes which due to their mutual incompatibility will eventually come into conflict with one another. This paper shows that Cover’s normative commitments are highly congruent with those professed by many radical democrats, and that therefore Cover’s legal philosophy furnishes a fruitful basis on which to further theorise a framework of radical democratic or agonistic law that incorporates struggle while remaining committed to equality and disavowing of any determinate foundations. (shrink)

I propose that the relationship between moral and violent behavior is overlooked in current philosophical, epistemological, and cognitive studies. To the aim of clarifying the complex dynamics of this interplay, I will describe, adopting an evolutionary perspective, the concepts of coalition enforcement, cognitive moral niche, and of what I call moral bubbles. Showing the interesting relationships between these three basic concepts, I will explain the role of morality in causing and justifying violence. The main theoretical merit of the concept of (...) coalition enforcement is that it permits the naturalization of morality that is the only conceptual means to unveil, in a naturalized way, the status of violence beyond the constraints generated by the so-called moral bubbles that prevent agents from seeing the potential violence generated by their own moral acts. (shrink)

Journal of Religious Ethics, Volume 49, Issue 2, Page 382-411, June 2021.

While the immediate aim of Walter Benjamin’s famous essay, “Critique of Violence,” is to provide a critique of legal violence, commentators typically interpret it as providing a further critique of state violence. However, this interpretation often receives no further argument, and it remains unclear whether Benjamin’s essay may prove analytically relevant for a critique of state violence today. This paper argues that the “Critique” proves thusly relevant, but only on condition that it is developed in two directions. The first direction (...) is conceptual, and consists in an explanation of the necessary relationship between states and violence. This explanation is found by appealing to a concept not cited in Benjamin’s text, but which, I argue, remains its implicit basis: sovereignty. According to this conceptual development, state violence is the necessary result of the state's attempt to maintain its sovereign law at the expense of emancipatory struggles to generate non-sovereign law. The second direction is genealogical, and consists in destabilizing the modern belief that justice is best served through the judicial channels of a sovereign state. Here I employ Michel Foucault’s genealogical research to demonstrate the historical contingency of state justice and, by extension, the possibility of a justice beyond the state. (shrink)

How do certain social conflicts come to fall within the law? How does the law come to have its space? I argue that law emerged in British Honduras through a structure of racial differentiation. The law arrived as a mode of ordering space, bodies, and justice that realizes an immanent structure of racial difference. Racial difference thus founds the space of law. To advance this argument, I examine the record of the first criminal trial prosecuted in the place now called (...) southern Belize—for the murder of an unnamed Indigenous woman by an enslaved Black man. Through an analysis of the trial record that draws upon Jameson’s reading of Greimas’s semiotic method, I show that the standing of the trial, as well as the evaluation of evidence, hinge upon the delineation and operation of racial categories. While British colonialism has ended, these categories persist. (shrink)

In this essay Derrida reflects, for the first time at length, on secularization as a historical process. Whereas his earlier writings on religion focus on Jewish and Christian authors who blur the boundaries of religious belonging, this essay directly questions the categories of religion and secularization. Against this background, Derrida revisits the work of Kant, Voltaire, Nietzsche, and Heidegger, and he reflects on his own engagement with messianism, negative theology, and the khôra.

The essay situates and dissects Derrida’s two catalytic interventions into Heidegger’s thought on time and history—the seminar Heidegger: The Question of Being & History and the essay Ousi...

This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work (...) of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein. (shrink)

This interview, conducted over the span of several months, tracks the respective journeys of Constantin V. Boundas and Daniel W. Smith with the philosophy of Gilles Deleuze. Rather than “becoming Deleuzian,” which is neither desirable nor possible, these exchanges reflect an array of encounters with Deleuze. These include the initial discoveries of Deleuze’s writings by Boundas and Smith, in-person meetings between Boundas and Deleuze, and the wide-ranging and influential philosophical work on Deleuze’s concepts produced by both Boundas and Smith. At (...) stake in this discussion are key contributions by Deleuze to continental philosophy, including the distinction between the virtual and the actual and the very nature of a “concept.” Also at stake is the formative or pedagogical impact of a philosopher, like Deleuze, on those who find and fully engage with his texts, concepts, and project. Cette interview, menée sur plusieurs mois, suit les parcours respectifs de Constantin V. Boundas et Daniel W. Smith avec la philosophie de Gilles Deleuze. Au lieu de « devenir Deleuzien, » ce qui n’est ni souhaitable ni possible, ces échanges reflètent un éventail de rencontres avec Deleuze. Il s’agit notamment des premières découvertes des écrits de Deleuze par Boundas et Smith, des rencontres en personne entre Boundas et Deleuze, et du travail philosophique vaste et in????luent sur les concepts de Deleuze produit par Boundas et Smith. L’enjeu ici étant les contributions clés de Deleuze à la philosophie continentale, y compris la distinction entre le virtuel et l’actuel, et la nature même d’un « concept. » Mais il y a aussi l’impact formateur ou pédagogique d’un philosophe, comme Deleuze, sur ceux qui trouvent et s’engagent pleinement dans ses textes, ses concepts et ses projets. (shrink)

In this essay I discuss two limitations that emerge when considering Tsoukas analysis of the Academy of Management’s initial response to the travel ban issued by President Trump in 2017. First, I suggest that any initial official response on the part of AOM would have required its leaders to “speak on behalf of” all AOM members and thus would have created a number of problems. We therefore need to take better account of others’ perspectives whenever speaking for others. For this (...) reason I emphasize that moral imagination does not constitute a solely individual cognitive act but must be thought of as a deliberative process. Second, while Tsoukas’ analysis suggests that the leadership of AOM should have made an exception to the rule on taking public stands, I show that such exceptions need to be justified communicatively, especially when dealing with moral questions. My analysis outlines the formal and informal communication processes necessary to facilitate such justification and explores ways in which AOM’s current approach to deliberation can be improved. (shrink)

The foundational gesture of New Materialism and Speculative Realism dismisses vast swaths of past philosophy and theory in order to signify their own avant-garde status. The violence of this gesture, which tries to corral difference within past texts in order to feign its own purity, can be considered as a theoretical quarantine. Examples of medical and spiritual quarantine, the 2014 ebola epidemic and Jesus’ temptation, are analyzed to show that the figure is inherently compromised – the harder one fights to (...) keep the other away, the more one becomes inseparable from it. Derrida's reflections on the reactions against deconstruction show that this desire for progress is always inherently conservative; Meillassoux and Jane Bennett are considered as contemporary examples. A deconstruction of corralation and the academico-capitalist forces driving these ‘innovations’ might open us to reading the never-simply-past text, and to the possibility of the event. (shrink)

This paper has been translated from the French by Cosmin Toma. It focuses on Jacques Derrida's very last lecture, given in Rio de Janeiro, on the 16thof August 2004, which Derrida drew from his ‘Le parjure et le pardon’ (‘Perjury and Forgiveness’) seminar held at the École des hautes études en sciences sociales (EHESS), in Paris, from 1997 to 1999. In reference to this final lecture in which Derrida deals with ‘forgiveness,’ ‘truth’, ‘reconciliation’, ‘testimony’ and ‘genre’, the paper also takes (...) up the question of justice as well as of what he calls the ‘worst violence’ via testimonial writings by Sarah Kofman and Antjie Krog so as to rethink forgiveness. (shrink)

One determining characteristic of contemporary sociopolitical systems is their power over increasingly large and diverse populations. This raises questions about power relations between heterogeneous individuals and increasingly dominant and homogenizing system objectives. This article crosses epistemic boundaries by integrating computer engineering and a historicalphilosophical approach making the general organization of individuals within large-scale systems and corresponding individual homogenization intelligible. From a versatile archeological-genealogical perspective, an analysis of computer and social architectures is conducted that reinterprets Foucault’s disciplines and political anatomy to (...) establish the notion of politics for a purely technical system. This permits an understanding of system organization as modern technology with application to technical and social systems alike. Connecting to Heidegger’s notions of the enframing (Gestell) and a more primal truth (anfänglicheren Wahrheit), the recognition of politics in differently developing systems then challenges the immutability of contemporary organization. Following this critique of modernity and within the conceptualization of system organization, Derrida’s democracy to come (à venir) is then reformulated more abstractly as organizations to come. Through the integration of the discussed concepts, the framework of Large-Scale Systems Composed of Homogeneous Individuals (LSSCHI) is proposed, problematizing the relationships between individuals, structure, activity, and power within large-scale systems. The LSSCHI framework highlights the conflict of homogenizing system-level objectives and individual heterogeneity, and outlines power relations and mechanisms of control shared across different social and technical systems. (shrink)

This paper examines Jacques Derrida's deconstruction of Giorgio Agamben's account of the history of bio-politics in the Beast and the Sovereign. In this account, the ‘threshold of bio-political modernity’ is identified with the collapse of an allegedly immemorial distinction between life and the law. According to Derrida, however, this in-distinction between life and the law, which supposedly marks the historical emergence of the bio-political, is in fact an originary event. Agamben, therefore, announces a bio-political modernity that has always already existed. (...) In this essay, I argue that Derrida, in the Beast and the Sovereign, fails to grasp the significance of one of the principal figures employed in Agamben's theory of the bio-political, the ‘threshold’. This figure, which Agamben opposes, elsewhere in his writings, to the Derridean notion of difference/deferral, does not refer to either an historical beginning or something that has always already existed. Rather, the threshold is defined as a particular moment in which an originary phenomenon becomes a decisive historical norm. In his ‘history’ of the bio-political, therefore, Agamben identifies the modernity of the latter in terms of the historical normalization of an in-distinction between law and life that has always already occurred. (shrink)

This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible without (...) the boundary. Derrida’s most insightful essay in this regard is his study of Franz Kafka’s untitled parable in The Trial. The parable represents a man who waits for an invitation to enter the Law until he nears his end. Derrida responds to the parable in his essay, “Before the Law.” This article uses the parable and Derrida’s response to it as a starting-off point for a reconsideration of the boundary of legal knowledge. In this context, Derrida asks this question: “why is Kafka’s parable categorized as Literature or Law?” Such an issue depends upon the boundary of a discipline, according to Derrida. And that focus, in turn, asks whether the boundary pre-exists any text which is represented as “Literature” or “Law” or “Philosophy.” This article claims, however, that Derrida’s theory presupposes that law, as a discipline, encloses a territorial-like space in legal consciousness. Each discipline possesses such a space. So too does the state and the university. Inside this bounded space, officials of the Law are free to consciously deliberate, reflect, and render decisions about the context of the Law. Analytically and phenomenologically before the boundary is taken for granted in an academic discipline, however, there is an unbounded non-law. The aporia of Derrida’s theory of the boundary of the Law is that the official or expert knower of the official language inside the boundary cannot assume the imagined boundary of legal knowledge without implicitly claiming to know the exteriority to the boundary. And yet, officials and expert knowers cannot know such an exterior extra-legality because, by virtue of the boundary as encircling a territorial-like space, knowledge is considered legal only when it exists inside the boundary. “The Law” is the consequence of the imagination of the expert knowers of the language as well as of the non-expert who believes in the bounded territorial-like space. (shrink)

This article argues that Walter Benjamin’s aesthetico-political philosophy cannot be understood without reconsidering Hamlet. It elucidates Benjamin’s Hamlet via his theory of Baroque “mourning” and its counter-measure, the “Saturnine Dialectic.” It likewise offers an analysis of the 1877 Herman Ulrici edition of Hamlet, the German edition Benjamin cites exclusively. This analysis reconciles the differences in the secondary literature regarding Benjamin’s Hamlet, expounding upon the edition’s singular use of the word “foreordination”. Finally, by rereading Benjamin’s Hamlet through Carl Schmitt’s Hamlet or (...) Hecuba, it argues that Fortinbras’s succession, effectuated by Hamlet’s dying voice, conditions the repetition of sovereignty in Hamlet, betraying the emergence of the new. Despite this betrayal, the revolutionary potential that is sunken into the content of Hamlet is disjunctively brought to the surface by examining the “dialectical image” of Laertes’s rebellion, rescuing what I term the revolutionary-new from the jaws of defeat. (shrink)

Kant’s 1795 essay on perpetual peace has been lauded as one of his most important and influential political texts as well as one of the most important texts on peace. Kant’s text was largely forgotten until the 1980s and 1990s, with numerous commentaries appearing around the time of its 200 years existence. The French philosopher Jacques Derrida’s interest in Kant’s text appears to have arisen around the same time, and his analyses of this text continued after the turn of the (...) century. The references to Kant’s essay in Derrida’s texts appear mostly in the context of a discussion of the concept of hospitality. The latter concept is understood by Derrida as including both a demand for absolute hospitality, that is, hospitality without the imposition of any limitations, as well as a demand, in the interests of survival, for such limitations or conditions. A negotiation between these dimensions of hospitality is ultimately required. The aim of this article is to elucidate Derrida’s analysis of Kant’s essay, specifically his recasting of the concept of peace as absolute hospitality, as well as to briefly outline its implications for international and cosmopolitan law. (shrink)

Zavezane oči alegorije boginje Pravice v zgodnji modernosti so navadno razlagali kot znak novega poudarka sodniške nepristranskosti, ki je vodila do modernega kulta abstraktne norme v juridičnem pozitivizmu. V tem članku se sprašujemo, kakšna je bila cena zanikanja podob v očeh resnice. V njem proučujemo odgovore, ki jih nakazujejo dela Horkheimerja in Adorna, Derridaja ter nekaterih feminističnih teoretičark. Čeprav priznavamo argumentiranost njihovega nasprotovanja abstraktnim pojmom nepri-stranske pravice, v zaključku ponudimo nekatera opravičila za vsaj začasno ukinitev zmožnosti videti vidne razlike pri (...) uveljavljanju zakona. (shrink)

ABSTRACTIn the literature on Derrida’s philosophical formation, the name of Eugen Fink is usually forgotten. When it is recalled, it is most often because of his 1930s articles on phenomenology. In this paper, I claim on the contrary that Fink’s writings exerted a lasting influence on Derrida’s thought, well beyond his early phenomenological works. More specifically, I focus on a 1957 paper presented at a conference on Husserl’s thought where Fink formulates an important distinction between operative and thematic concepts. By (...) adopting both historical and theoretical perspectives, I show how this couple of notions can help to understand Derrida’s singular way of reading philosophical texts. In particular, I present the Derridean concept of supplement as a reworking of Fink’s notion of operative concept. I conclude by suggesting that deconstruction can be understood in part as a radicalization of Fink’s theses. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

The South African-Dutch research group responsible for this article started its activities in 2012 by looking at religious tolerance as a means of addressing the tendency for religious intolerance, extremism and fundamentalism. While tolerance seemed to be a promising way to counter religious intolerable behaviour, some shortcomings also became apparent. For example, the concept of tolerance includes an aspect of passivity towards others who adhere to another religion. The concept also does not appear to be able to respond to attitudes (...) and values such as respect, human rights and diversity. Accurate investigation of this problem, both conceptually and empirically, led to the understanding that hospitality is a concept that embodies more active adaptation to those who are different. Hospitality, therefore, seems to be a more promising concept than tolerance for reducing religious tension between individuals and groups. The inner contradiction discovered by Derrida in the notion of hospitality does not detract from the concept of being defined from a Biblical point of view. Hospitality can also be taught to young people. Although there are no formal provisions for hospitality in the national curricula, an analysis of the Dutch and South African national curricula shows that there is room for hospitality education. (shrink)

In this paper, it is argued that we need to understand the role of ‘hate’ in the organisation of bodies and spaces before we ask the question of the limits of ‘hate crime’ as a legal category. Rather than assuming hate is a psychological disposition - that it comes from within a psyche and then moves out to others - the paper suggests that hate works to align individual and collective bodies through the very intensity of its attachments. Such alignments (...) are unstable precisely given the fact that hate does not reside in a subject, object or body; the instability of hate is what makes it so powerful in generating the effects that it does. Furthermore, although hate does not reside positively in a subject, body or sign, this does not mean that hate does have effects that are structural and mediated. This paper shows that hate becomes attached or ‘stuck’ to particular bodies, often through violence, force and harm. The paper dramatizes its arguments by a reflection on racism as hate crime, looking at the circulation of figures of hate in discourses of nationhood, from both extreme right wing and mainstream political parties. It also considers the part of what hate is doing can precisely be understood in terms of the affect it has on the bodies of those designated as the hated, an affective life that is crucial to the injustice of hate crime. (shrink)

In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: reconsidering the way in which Foucault’s texts, and especially the more recently published lectures, should be read; and establishing the relation between law and madness. The article firstly calls for a reading of Foucault which exceeds metaphysics with the security it offers, by taking account of Derrida’s reading of Foucault as well as of the heterogeneity of Foucault’s texts. The article reflects in detail on a (...) text of Derrida on Foucault as well as a text of Foucault on Blanchot. The latter text shows that Foucault was at times acutely aware of the difficulty involved in exceeding metaphysics and that he realised the importance in this regard of a reflection on literature. These reflections tie in closely with Foucault’s History of Madness as well as with Derrida’s reflections on literature and on madness. Both Derrida and Foucault contend that law has much to learn from literature in understanding the relation between itself and madness. Literature more specifically points to law’s ‘origin’ in madness. The article contends that a failure to take seriously this origin, also in the reading of Foucault’s lectures, would amount to a denial by law of itself. (shrink)

This paper engages in a reading of several Derrideantexts, particularly Spectres of Marx, Politics of Friendship, and The Post Card, inan attempt to divine a coherent Derridean social andpolitical philosophy. It is submitted that such acoherent theory of civil society can be made out, onewhich situates civil relations in national borders andshared history. Such a situation, however, isproblematic for international relations theory andinternational law, which depend a priori onlocating the foundations of civil society in somethingwhich transcends nationalism and shared experience. (...) By engaging in a reading of the Declaration ofFriendly Relations Between States, this paperdemonstrates the apparent incompatibility of Derrideanpolitical philosophy and international law. In theprocess, it explores Derrida's strategy fortransforming the nature of international relations andlaw and, in so doing, identifies the relationshipbetween Derridean theory and the international legaltheory of Arangio-Ruiz. (shrink)

Anxiety and hysteria proliferate in contemporary postcolonial, post-apartheid South Africa, where it is always intimately related to the question of the Law and, specifically ‘the Constitution’. I begin by tracing Freud’s discussions of the co-occurrence of anxiety with hysteria, after which I consider Lacan’s unique account of anxiety as the ‘lack of the support of the lack’. I continue to offer a re-interpretation of the Master’s discourse, namely as a discourse that in its very structure exposes the subject to the (...) production of the object of anxiety. I then consider two possible ways in which anxiety may affect the discourse of the Hysteric: acting out and the passage à l’acte. I conclude that Lacan’s shorthand for the relationship between the Hysteric and the Master is also an accurate description of the present moment in the postcolony: ‘she reigns and he does not govern’. (shrink)

This essay focuses on Judith Butler’s configuration in Parting Ways: Jewishness and the Critique of Zionism of sacred life from the mystical motifs that traverse Walter Benjamin’s writings as the pivot of an anti-identitarian ethics committed to non-violent resistance. To gain critical leverage on Butler’s post-secular stance, my analysis turns to Talal Asad’s ‘Redeeming the “Human” Through Human Rights’ chapter from Formations of the Secular, where he enunciates a disparity between a ‘pre-civil state of nature’ and the notion of ‘inalienable (...) rights’ that informs the subject’s rights under secular law. In underscoring the secular state’s inability or refusal to ascribe sacredness to ‘real living persons’ over and against ‘“the human” conceptualized abstractly, or imagined in a state of nature’ as presumed by natural law, Asad indirectly articulates what is at stake in Butler’s explication in Parting Ways of Benjamin’s ‘Critique of Violence’. In this context, Butler unpacks Benjamin’s remarks about the sixth commandment’s non-coercive disposition and the inner struggle its provisional applicability prompts. A conception of ‘sacred life’ crystallizes through Butler’s emphasis on the open-endedness of this struggle, which encourages us to abandon a solipsistic investment in our own suffering in the process of acknowledging its eternally transient rhythm. I argue that Butler supplements this motif by drawing upon Hannah Arendt’s grounding of the political in cohabitation. My contention is that while ‘sacred life’ forms the backbone of Butler’s affirmation of civil disobedience, Arendt empowers Butler’s ethics to transcend Benjamin’s Jewish-messianic melancholy by radicalizing the passivity that refracts it. (shrink)

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’—lawmaking or (...) foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these killings in the first place, the decision on the applicable law as well as the interpretation of that law, the article finds that the targeted killing judgment collapses this distinction in a different way from that foreseen by Benjamin. Hence, the article argues, the targeted killing judgment is best understood as a form of administrative foundational violence. In conclusion Judith Butler’s reading of Benjamin’s notion of ‘divine violence’ is considered, particularly his use of the commandment, ‘thou shalt not kill’, as a non-violent violence that must be waged against the kind of legal violence of which the targeted killing judgment is exemplary. (shrink)

The Anaximander fragment, in the readings of both Heidegger and Derrida, speaks of that which exceeds positive law. In this article, the author provides a detailed reading of Heidegger’s Der Spruch des Anaximander, showing how Heidegger relates this fragment to his thinking of Being, the latter having been ‘forgotten’ by metaphysics. Heidegger’s reading at the same time involves a contemplation of technology and of the ontological relation of beings to each other. Derrida’s reading of Heidegger’s Der Spruch highlights specifically those (...) parts of Heidegger’s text where that which precedes Being’s gathering, Being’s disjoining or dissemination, is pointed to. This disjoining, Derrida contends, speaks of the gift of a day more ancient than memory itself and ties in closely with certain aspects of the thinking of Marx. Derrida’s focus on that which precedes Being is in turn related to his contemplation of the law or condition of possibility of technology and also of that which makes possible a relation to the other as other. This condition of possibility, or the gift of Being, which Heidegger’s text also speaks of, involves a ‘higher law’ which can serve as a ‘measure’ for the evaluation, interpretation and transformation of positive law. (shrink)

Thirty-five papers by outstanding specialists of philosophy of law and comparative law from Western Europe, Central Europe, Eastern Europe, as well as from Northern America and Japan, dedicated to the Hungarian philosopher of law and comparatist Csaba Varga.

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

Deconstruction is decidedly unsettling in that it destabilizes the otherwise comfortably assumed understanding of the nature of translation. What is also controversial is that it may make translation impossible, considering that it explicitly acknowledges the impossibility of translation. Yet Derrida emphasizes the necessity of translation as well, thus foregrounding the need to negotiate with the non-negotiable, and for this reason, to translate the untranslatable. Deconstruction captures and elucidates the complexity of translation in relation to the variability and complexity of its (...) nature and practice. Despite the disconcerting observation of his devastatingly relativist overtone and open-endedness, Derrida does not uphold complete free play, as is repeatedly pointed out by himself and other scholars. This paper argues that the context of translation plays a regulating role and intends to unravel what he calls translation as both possible and impossible, both respectful and abusive. Inspired by Derrida's profound contention that translation is in a way more about ‘what is not there’ than ‘what is there’, this paper will map some of the multiple implications of meaning and various modes of representation in translation, in which different meanings can be played with so as to give rise to spaces for exploring and expanding the range of translation strategies and methods. (shrink)

Derridean hospitality is seen to undergird ethical teacher–student interactions. However, hospitality is marked by three aporias that signal incommensurable and irreducible ways of being and responding that need to be held together in tension without eventual synthesis. Due to the sociopolitical materiality of race and the phenomenological difference that constitutes racialized bodies, educators of color in interaction with white students are called to live the aporetic tensions that characterize hospitality in distinctive ways that are not currently emphasized in the discourse (...) on the educator’s responsibility as it is informed by an ethic of hospitality. The asymmetrical nature of hospitality is reconfigured through the terms of eros and hospitality’s link to education aimed at social justice is posited to be stronger than is currently suggested in the educational theory literature. (shrink)

World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

This essay describes Derrida's later articulations of the logical; of the ‘undeniable’ and its constant denial. Against anti-realist readings of Derrida as some sort of textual idealist, I show how Derrida's thinking of the undeniable informs his deconstruction of the death penalty in the recently published 1999–2001 lecture courses, as well as the considerations of mortality and finitude that inform all of his writings.

This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...) of Man. Rather, the gap is a constitutive condition of law and political rights. From the perspective of Benjamin’s ‘Critique of Violence’, however, these analyses serve to perpetuate a bourgeois legality, one that both Hegel and Rancière acknowledge can never be realized due to the constitutive discrepancy between right and reality. In preserving the promise of legal equality, these analyses preclude the possibility of a suspension or ‘absolution’ from law. This suspension of law is a task that Benjamin identified with the proletarian general strike, a strategy whose pure violence is supposed to secure what Benjamin described, enigmatically, as a ‘wholly transformed work’. Remarkably, however, the relationship between the suspension of law in a general strike and a total transformation of labour is never clearly defined in the ‘Critique’. This paper will develop an account of this relationship by pursuing the references to Marx’s critical theory of capitalism in Benjamin’s writings. (shrink)

ABSTRACT One of Derrida's most significant insights concerns the irreducibility yet interdependence of unconditioned ideal and conditioned actuality. First, relying especially on the concept of hospitality, I argue that this insight allows for the development of a powerful account of ethical and political action. Second, I show the usefulness of this account for feminist critical practice, especially with regard to the ideal of inclusion and the concept of “woman.” Third, and finally, I explore how this insight could guide feminist action (...) in relation to two specific situations: feminism's relations to transgender issues and to reproductive freedom. (shrink)

In much of the literature on Hobbes, he is considered a proto-liberal, that is, he is seen as setting up the apparatus that leads to liberalism but his own authoritarian streak makes it impossible for liberals to completely claim him as one of their own. In this paper, I argue that, far from being a precursor to liberalism, Hobbes offers a political theory that is implicitly anti-liberal. I do not mean this in the conventional sense that Hobbes was too conservative (...) for liberalism. On the contrary, I will argue that in his writing, Hobbes evinces a concept of collective interpretation, theories of individualism and the nature and possibilities for democratic politics, that is radical and offers a completely developed alternative to liberalism even as it eschews conservative and reactionary models as well. I focus in particular on the idea of individualism and how the model offered by liberals and conservatives offers far less in terms of individual choice and justice than Hobbes’s own theory does, however paradoxical this may seem. (shrink)

One way to characterise pragmatism is to see it as a philosophy that placed communication at the heart of philosophical, educational and political thinking. Whereas the shift from consciousness to communication can be seen as a major innovation in modern philosophy, it is not without problems. This article highlights some of these problems and suggests a way ‘forward’ by staging a discussion between pragmatism and deconstruction. Although there are striking similarities between pragmatism and deconstruction, it is argued that pragmatism and (...) deconstruction cannot sit as easily together as some authors assume. The reason for this is not that pragmatism and deconstruction are incompatible philosophies but rather that deconstruction occurs at the very heart of pragmatism. This implies that pragmatism can only retain its commitment to communication in philosophy, education and politics if it acknowledges and, in a sense, embraces the occurrence of deconstruction in communication. This suggests that the future of pragmatism as a philosophy for education o lies in its deconstruction, something which is expressed in the idea of a deconstructive rather than a deconstructed pragmatism. (shrink)

While the concept of internationalization plays a key role in contemporary discussions on the activities and outcomes sought by universities, it is commonly argued that it is poorly understood or realised in practice. This has led some to argue that more work is needed to define the dimensions of the concept, or even to plot out stages of its achievement. This paper aims not to provide a definition of internationalisation for those working in higher education. On the contrary, it seeks (...) to open up discussion on internationalisation by considering Derrida's reflections on hospitality and the metaphysics of presence. In so doing, it will be shown that internationalisation is an ethical demand that is as much about being unsettled by thinking about ourselves and others, as it is about mobility programs and online education, and about being ‘late’ rather than surrendering to the space‐time compression of modernity. (shrink)