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 (...) legal system in an effort to simultaneously delegitimise the current legal order. This article argues that this movement’s approach is consistent with the notion of an ‘impudent’ use of law as politics but also extends it further to include ideas raised by this movement’s theatrical ‘over-compliance’ with law, through which the movement turned law itself into a public spectacle. The article examines instances of the state’s unprecedented mobilisation of the legal system to contain the student strike and the student strikers’ creative and subversive engagements with law in response, illustrating how the ideas thrown up by this movement can advance theoretical discussion in legal scholarship about law’s transformative potential. (shrink)

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 (...) the writing tool "authentically" moved by the signer's hand. The third expectation tends to recognize the signer's legal identity: a handwritten signature is expected to reproduce the signer's personal style, which enables identification by legal authorities. In a methodologically inventive and semiotically-based dialogue with Derrida's deconstruction, Fišerová situates this triple expectation in the interval between life and law. Challenging coverage of this topic finally shows that none of the metaphysical expectations will ever be fulfilled in the event of manual signing. Legal uses of handwritten signature are characterized by the complex aporia of repeating the unrepeatable. (shrink)

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 (...) to monism. (shrink)

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 (...) travel ban, I suggest, should be viewed as a non-prototypical case of political speech, which required AOM leadership to flexibly adapt existing rules in situ: to imaginatively frame the travel ban in order to undertake responsible action. Accordingly, the early 2017 AOM rules about political speech should be seen not as recipes-for-action but as reminders-for-action, thus allowing an imaginative reframing. Finally, exploring the notion of moral imagination, I distinguish between “disclosive” and “incremental” moral imagination and responsibility, and suggest that AOM leadership engaged mainly in the latter. (shrink)

_Explores the relationship between philosophy and politics in the work of Kant, Fichte, Hegel, and Marx._.

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 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 (...) of the outlined conception with regard to a concrete phenomenon of violence, i.e., slapping, and a concluding reflection upon its overall significance for research on violence. (shrink)

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 (...) be seen as an attempt to control a linguistic system that is inherently undecidable. It is an attempt to 'write' the world in a particular way, which is then forgotten. The thesis begins by considering orthodox approaches to the role of language in theorising organising in general, and also reviews a range of alternative perspectives that have gone some way towards engaging more fully with its epistemological, ontological and normative-ethical deficits. It then justifies the distinctive contribution to these debates made by the radicalised view of language found in poststructuralism in general, and the work of Jacques Derrida in particular. A review of the leadership literature suggests that it is dominated by an assumption that language is representational. Leadership is also depicted unquestioningly as an individualistic and impartial phenomenon. It is thus argued that the field is ripe for a more detailed focus on the politics of the language of leadership. The implications of Derrida's work for reading and writing texts, and the possibility of a poststructuralist methodology, are discussed in some detail. In particular, I highlight the need to reflexively problematise the textuality of the truth of this thesis. This is addressed by means of a deconstruction of the assessment criteria for a PhD thesis, which is included in the Appendix. An analysis of the linguistic decisions I made in order to stage an exemplary chapter betrays the discipline exerted by the academy. The main empirical work is based on a variety of texts from the case study organisation, including interviews with putative leaders, and formal documentation, such as a statement of leadership competences. These are subject to close reading in the spirit of what has been termed 'deconstruction', focusing on how and with what consequences the popularised truth of leadership is organised through language. Each reading concentrates in turn on one aspect of the leadership truth being promoted in the case study organization, namely leadership that is 'visible', 'strong', 'understanding' and 'shared'. I suggest that 'leadership' is an unsuccessful attempt to stabilize the play of language around individualism, specific aspects of which serve to privilege the productive power of the person of the office holder as part of local government modernisation. The study concludes by suggesting that the very instability of the truth offers opportunities for rethinking both leadership and public sector reform, in ways that are more open to the other. (shrink)

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 (...) education is an emergent phenomenon with its own unique aesthetic qualities (like art or music); a phenomenon, moreover, that does not simply serve a purpose, but generates the purpose it serves. In this paper we lay down the groundwork for such a non-instrumental understanding of education by combining the notion of emergence with ideas from Cassirer’s Philosophy of Symbolic Forms, Aristotle’s teleological notion of the ‘ideal’ as self-generated and the Greek notion of ‘paideia.’ This provides an opportunity to theorise education’s directional impetus as the ongoing and open-ended coordination of three realms of human life: the symbolic, the individual and the political. Given the acute political and social dilemmas that instrumental understandings of education bring forth in multicultural, and so called ‘democratic’ and ‘inclusive’ societies, we hope that by opening the possibility to theorise education as a non-instrumental phenomenon, it may become possible to have more fruitful discussion regarding education than endless political debate about what the curricular ends of education should be. (shrink)

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 (...) cannot easily be determined in advance. This indeterminacy raises two interrelated issues. Firstly, the issue of whether it makes sense to speak of criminal jurisdiction when the existing jurisdiction is challenged as such. To what extent does the indeterminacy call for inherently unlimited powers of the state, implying there can be no such thing as criminal jurisdiction during a state of emergency? Second—if criminal jurisdiction is not in contradiction with the state of emergency—the issue of what criminal liability could mean in such a state needs to be confronted. To what extent does the indeterminacy inherent in the state of emergency jeopardise criminal liability because such indeterminacy engenders severe legal uncertainty regarding the standards against which the relevant actions are to be judged? Both issues will be discussed from the perspective of constitutional democracy, assuming that what is at stake in times of emergency is both the competence to sustain the monopoly of violence and the possibility to constrain the powers of the state. (shrink)

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 (...) reminder of the illegal and violent foundation that founds sovereign law. (shrink)