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Force of law: the metaphysical foundation of authority

In Drucilla Cornell, Michel Rosenfeld & David Carlson (eds.), Deconstruction and the possibility of justice. New York: Routledge (1992)

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  1. The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy. [REVIEW]Mireille Hildebrandt - 2010 - Criminal Law and Philosophy 4 (2):161-181.
    In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures (...)
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  • Event of Signature: Jacques Derrida and Repeating the Unrepeatable.Michaela Fiserova - 2022 - SUNY Press.
    Event of Signature formulates a new philosophical problem which focuses on the handwritten signature as sign of legal identification. Author Michaela Fišerová works with three metaphysical expectations, which are shared in discourses of graphology and forensic analysis. The first expectation tends to reveal the signer's soul: a handwritten signature "naturally" mirrors the unique psychological qualities of the signer. The second expectation tends to guarantee the originality of the signer's trace: a handwritten signature proves physical contact between the signed document and (...)
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  • Constructive Recollection Philosophy Application.Ron de Weijze - manuscript
    Finding truth is an art that was learned and unlearned. Truth can only be found by looking for independent confirmation of our beliefs, by reality. This methodology is difficult to apply in personal- and social settings, because power and politics turn 'seeking independent confirmation' into 'avoiding dependent rejection'. A completely different social order is implied and the one keeps running the other into the ground like a tectonic plate. Philosophical Modernism showed us how dualism works, before Post-Modernism challenged it, regressing (...)
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  • The Philosopher's Voice: Philosophy, Politics, and Language in the Nineteenth Century.Andrew Fiala - 2002 - Albany: State University of New York Press.
    _Explores the relationship between philosophy and politics in the work of Kant, Fichte, Hegel, and Marx._.
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  • Towards a Relational Phenomenology of Violence.Michael Staudigl - 2013 - Human Studies 36 (1):43-66.
    This article elaborates a relational phenomenology of violence. Firstly, it explores the constitution of all sense in its intrinsic relation with our embodiment and intercorporality. Secondly, it shows how this relational conception of sense and constitution paves the path for an integrative understanding of the bodily and symbolic constituents of violence. Thirdly, the author addresses the overall consequences of these reflections, thereby identifying the main characteristics of a relational phenomenology of violence. In the final part, the paper provides an exemplification (...)
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  • Beyond curriculum: Groundwork for a non-instrumental theory of education.Deborah Osberg & Gert Biesta - 2021 - Educational Philosophy and Theory 53 (1):57-70.
    This paper problematizes current thinking about education by arguing that the question of educational purpose is not simply a socio-political question concerned with what the ends should be and why, but can also be understood as a structural question, concerned with the way we understand education’s directional impetus. We suggest that it is possible to understand education as something other than a curricular instrument designed to facilitate a purpose external to itself. We challenge such an instrumental view by arguing that (...)
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  • Leadership, the American Academy of Management, and President Trump’s Travel Ban: A Case Study in Moral Imagination.Haridimos Tsoukas - 2020 - Journal of Business Ethics 163 (1):1-10.
    In this essay, I focus on the initial reaction of the then leadership of the Academy of Management to President Trump’s travel ban issued in January 2017. By viewing the travel ban in purely administrative terms, AOM leadership framed it as an example of “political speech”, on which they were organizationally barred to take a public stand. I subject this view to critical assessment, arguing that the travel ban had a distinct moral character, which was antithetical to scholarly values. Τhe (...)
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  • Language of leadership.Sarah Hurlow - unknown
    This thesis takes a critical approach to dominant ways of understanding leadership. The context for the study is UK local government where leadership has been popularised as a key feature of the latest phase of public sector modernisation. By drawing on the linguistic turn inherent in poststructuralism, and in particular the work of Jacques Derrida, the thesis challenges the orthodox assumption that leadership is a neutral and stable pre-linguistic phenomenon. In contrast it suggests that any given 'truth' of leadership can (...)
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  • The Event of Terror.Dror Pimentel - 2015 - Journal of Aesthetics and Phenomenology 2 (2):231-238.
    Terror is no doubt a violent tool serving political ends of some sort. Nevertheless, terror has a phenomenality of its own. This discussion attempts at striping terror from its political ends while purposing to view it as a phenomenological event manifesting nothing but sheer violence. Following the thought of Benjamin and Derrida, the discussion looks at terror as a phenomenological event manifesting the spectral return of primordial violence. The eruption of the violence of terror is thus thought as a constant (...)
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  • Towards a Problematisation of the Problematisations that Reduce Northern Ireland to a 'Problem'.Nick Vaughan-Williams - 2006 - Critical Review of International Social and Political Philosophy 9 (4):513-526.
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  • Différance as Temporization and Its Problems.Eddo Evink - 2020 - International Journal of Philosophical Studies 28 (3):433-451.
    Derrida’s philosophy is usually known as a form of critique of metaphysics. This article, however, argues that Derrida’s deconstructions do not only dismantle metaphysics from within, but also remain in themselves thoroughly, and problematically, metaphysical. Its goal is to determine exactly where the metaphysical features of Derrida’s work can be found. The article starts with an analysis of Derrida’s understanding of metaphysics, as well as its deconstruction, by explaining the working of différance, mainly focusing on its temporality. Further, it will (...)
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  • Going Beyond Globalization and Localization: Articulating a Theory of Justice in Han-Chinese Culture.Man-Chung Chiu - 2010 - Law and Critique 21 (1):93-110.
    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.
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  • The Power of Spectacle: The 2012 Quebec Student Strike and the Transformative Potential of Law.Honor Brabazon - 2021 - Law and Critique 33 (1):1-22.
    Recent iterations in international legal thought of the debate over the transformative potential of law have tended to echo the long-standing assumption that radical movements, when they employ law-based tactics, do so in the same manner as reformist movements: they mobilise the legitimacy of law for short-term goals, only with more radical long-term goals in mind. However, movements such as the 2012 student strike in the Canadian province of Quebec demonstrate more diverse, creative engagements with law that openly mock the (...)
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