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)

Pocos temas han generado más debates en el campo de la filosofía política a lo largo de las últimas décadas que el de la justicia. Sin embargo, la mayoría de estos debates han girado en torno a qué tipo de equilibrio entre libertad e igualdad puede considerarse como justo, o qué tipo de instituciones legales y judiciales serían necesarias para ofrecer mayores niveles de justicia a los ciudadanos. Este trabajo pretende abordar el problema de la justicia desde un punto de (...) vista radicalmente distinto. A saber, la forma en la que el sujeto –el ‘hombre de carne hueso’, en palabras de Unamuno– experimenta la justicia. Dejando a un lado los ya mencionados aspectos institucionales, el objetivo de este artículo es explorar la forma en que el término justicia opera como un significante vacío en relación con la ley; y cómo esto, a su vez, permite la formación de infinidad de nociones subjetivas de justicia. (shrink)

Using poststructural criticism, we explore how the book of Job deconstructs the deed/consequence nexus that stands at the core of the Hebrew Bible’s theological framework – i.e. the doctrine of reward and punishment. Building on both Derridean deconstruction and Foucauldian resistance, we show that the book of Job refuses to comply with the opposite binary of reward and punishment. First, we demonstrate how the friends in their speeches enforce the binary and, thereby, exercise power over Job. Secondly, we consider Job’s (...) resistance and deconstruction of this binary through both his lived experience and desire to argue with God. Finally, we argue how Job’s desire to argue with God challenges God to defend themself in court. In God’s answer, however, one is introduced to a different God than as portrayed by Job’s friends. Moreover, God’s boastful reply, which lacks any justification for Job’s suffering, makes God appear fragile and weak. As such, this article argues that the book of Job may not merely deconstruct dominant ideology, but also God itself. (shrink)

The certification-based Fair Trade initiative has been steadily growing during the last two decades. While many scholars have analyzed its main characteristics and developments, only a few have assessed it against a concept of justice. And those exceptional cases have only focused on distributive justice, proving unable to grasp the important ethical elements that Fair Trade integrates in its project. In reaction to this, this article intends to critically examine what the Fair Trade movement proposes to be ‘fair’ by resorting (...) to the thought of the French philosopher Emmanuel Lévinas. To accomplish this goal, a new understanding of his conception of justice is presented, one that seeks to overcome the limitations that the two most common interpretations in the literature suffer. The idea of Lévinas’ ‘dialectics of justice’ is used to discuss Fair Trade’s relation of alterity, its appropriation of the notion of ‘face’ and its commitment to and responsibility for marginalized producers and workers. This analysis shows that Fair Trade operates with what could be described as a fetishized understanding of Levinasian ethics that justifies a deeply unjust praxis. (shrink)

This article contributes to recent existentialist interventions in critical criminology (see Lippens and Crewe 2009) and offers the existential concept of ‘event’ as a guiding image for critical victimology. Whereas existential criminologists have examined crime and wrongdoing, very little attention has been given to victimization. I utilize the existential phenomenology of Martin Heidegger and Claude Romano to offer a critique of existing approaches to victimization within mainstream criminology and develop an evential analytic to understand the event of victimization. This paper (...) brings together existential philosophy and victimology to offer an alternative approach to victimization. I engage with the ‘problem of number’ in conventional victimology and offer a critique of quantitative approaches to victimization based on the unsubstitutability and singularity of existence. Through a discussion of selfhood and embodiment from an evential standpoint, this paper moves beyond existing victimological approaches to identity. I also consider the relationship between victimization and trauma. In the final section of the paper I carve out an alternative research agenda through a discussion of bearing witness and events of victimization. (shrink)

This article offers a political reading of Franz Kafka's posthumous work The Trial. In this novel, the main protagonist (Joseph K.) is subject to an arrest and trial conducted by the ambiguous authority of a shadowy court and its officials. This article explores Joseph K.'s experience of being subject to the Law, and relates this to our own understanding and experience of political subjectivity in modern times. K.'s doomed search for order through a ‘permanent resolution’ of his case is related (...) to the modern desire for order: Specifically, the desire for both philosophical and political frameworks that provide narratives or certainty. Here modernity is understood to be characterized by an anxiety brought about by a crisis in authorship and authority. The article then considers K.'s desire for justice and the Law, and his entanglement with the power of the court, as analogous to the modern experience of the triad of justice–law–power, which is subsumed under the banner of ‘sovereignty’. In particular, the article explores K.'s inability to locate, read, or fix the Law; a problem that is also reflected in the aporia of sovereignty as justice–law–power. K.'s experience alerts us to the contradictions in the triad justice–law–power; contradictions that occur as although each member of the triad is dependent upon the other two, each member of the triad also seeks to exclude or deny this dependency. Thus, read politically, K.'s struggle in The Trial can be seen as a reflection of the modern struggle with sovereignty as the triad justice–law–power, and the impasse that K. reaches is also the impasse that modernity has reached. (shrink)

This article offers a political reading of Franz Kafka's posthumous work The Trial. In this novel, the main protagonist is subject to an arrest and trial conducted by the ambiguous authority of a shadowy court and its officials. This article explores Joseph K.'s experience of being subject to the Law, and relates this to our own understanding and experience of political subjectivity in modern times. K.'s doomed search for order through a ‘permanent resolution’ of his case is related to the (...) modern desire for order: Specifically, the desire for both philosophical and political frameworks that provide narratives or certainty. Here modernity is understood to be characterized by an anxiety brought about by a crisis in authorship and authority. The article then considers K.'s desire for justice and the Law, and his entanglement with the power of the court, as analogous to the modern experience of the triad of justice–law–power, which is subsumed under the banner of ‘sovereignty’. In particular, the article explores K.'s inability to locate, read, or fix the Law; a problem that is also reflected in the aporia of sovereignty as justice–law–power. K.'s experience alerts us to the contradictions in the triad justice–law–power; contradictions that occur as although each member of the triad is dependent upon the other two, each member of the triad also seeks to exclude or deny this dependency. Thus, read politically, K.'s struggle in The Trial can be seen as a reflection of the modern struggle with sovereignty as the triad justice–law–power, and the impasse that K. reaches is also the impasse that modernity has reached. (shrink)

In ‘Force of law’ Derrida appears to suggest that emancipatory ideals and human rights have a continuing relevance. This may seem a surprising proposition from a theorist often interpreted as critical of humanist and Enlightenment principles. This paper argues, however, that Derrida does not reject, outright, humanist, Enlightenment and emancipatory strategies but instead deconstructs these in order to propose alternate ‘ethical’ and ‘political’ possibilities. Focusing on ‘The ends of man’, ‘Force of law’ and ‘Autoimmunity’ this paper argues that Derrida does (...) not advocate an anti-humanism but instead gestures toward an alternate unconditional hospitality, responsibility, friendship, justice and democracy-to-come, displacing the anthropomorphism of humanism and advocating instead an openness to a heterogeneous otherness. (shrink)

This article emerges out of the dialogue and exchange between critical realism and integral theory. It is a contribution to and within critical realist discourse, philosophically underlabouring for the senses of the good and goodness with a metaReality schema, arguing for, in performing the necessity of, the intimate intertwining of transcendental and phenomenological methods. One implication of the study is the recontextualizing of the singular philosophical status of the axiology of freedom.

This paper examines the relation or, more precisely, tension between postmodern deconstruction and ethics by elaborating upon the ethico-political dimensions of deconstructionism. It embarks on a critical assessment of postmodern discourse on ethics in view of its political implications by analyzing Jacques Derrida''s and Richard Rorty''s arguments with an assumption that their positions represent a certain logic in the postmodern discourse on ethics. Postmodern ethics is based on incredulity with regard to traditional metanarratives, and it defines ethics in terms of (...) sensitivity or responsibility to otherness and difference. Its proponents believe that the negation of modern metanarratives opens a way to the Other which has been marginalized and suppressed both in thought and in social practice. Derrida and Rorty represent this position with their emphasis on the ethical nature of deconstruction and the need to elaborate new languages for ethics. Despite postmodern appeal to ethics of this sort, however, postmodern thinking shows its limits in dealing with most ethical-political matters in the contemporary world. The postmodern approach to ethics, being restricted within the perspective of the individual, does not provide any determinate framework for deciding how to adjudicate conflicting ethical claims or how to link the unconditional affirmation of emancipatory ideals, enlightened social criticism, and democratic accountability in determinate political terms. In the main, this paper contends that philosophical deconstruction and responsibility to otherness undermine each other in the public sphere. (shrink)

The decade-long search for Osama bin Laden—in which a manhunt was conducted as part of a full-scale war—was a watershed moment for US foreign policy in the twenty-first Century. Bin Laden was not simply elusive, but ephemerally ghost-like. Similar Militarized Interstate Manhunts (MIMs) are also deeply ingrained in the security politics of the US at its Southwestern border. Specifically, the militarized cross-border pursuits of Pancho Villa in the 1910s and The Apache Kid in the 1890s, serve as analogs to the (...) “War on Terror,” especially regarding the allegedly-novel chasing of “ghostly” targets. Building on Jacques Derrida, we explore the role of an “absent/presence” by analyzing the claims of the ghostliness of the target in the context of concurrent claims about the unprecedented nature of events. These cases highlight the importance of the “absent/presence” in making military manhunts thinkable, and explain how the pursuit of “spectral” bodies authorizes exceptional military acts that would otherwise be violations of state sovereignty. (shrink)

Going beyond the debate between positivists and proponents of natural law, there is a controversy over whether there can or ought to be “philosophy in law” (i.e., whether anything within the subject‐matter of philosophy can also become part of the subject‐matter of law). According to Luhmann's autopoietic theory, law is a normatively closed system and accordingly remains completely independent from philosophy. Dworkin, on the other hand, asserts that constitutional law depends for its coherence and integrity on being encompassed within a (...) particular political philosophy. This essay approaches “philosophy in law” from a functional rather than a legitimating perspective, and concludes against both Luhmann and Dworkin that the integration of philosophy in law is interstitial and limited. The consequence of this for law's validity and legitimacy is a likely increase in contestation and contestability. The essay concludes that by embracing pluralism as a philosophy, one can reduce and better manage contestability without ever becoming able to eliminate it. (shrink)

Leaders are faced with ethical and moral dilemmas daily, like those within the military who must span from large-scale combat operations to security cooperation and deterrence. For businesses, these dilemmas can include social and environmental impact such as those in mining; and for governments, the social and economic impact of their decision-making in their response to COVID-19. The move by Western defence forces to align their foundational principles, policies, and “soldier” dispositions with the changing values of the countries they serve (...) are starkly illustrative of challenges faced by all leaders. While admirable, such changes face the apparent contradiction of enhancing individual moral agency within a hierarchical organization that maintain enforceable codes of conduct. Ethical leadership theory provides aspirational goals, but lacks empirically based guidance on how to implement policies that facilitate values-based behavior. Using a discourse theory analysis of a moral dilemma vignette with Royal Australian Air Force personnel, this research identifies important aspects of agency and subject position that must be addressed if such policies are to succeed. These findings show that the potential contradiction can be addressed by acknowledging the contrasting tendency to bureaucratic process by leaders at upper levels, while lower-level leaders address moral issues by incorporating their subjectivity and making a conscious deontological choice between humanity and comrade loyalty. (shrink)

I explore the limits of corporate responsibility standards – for example Social Accountability 8000 (SA 8000), the Global Reporting Initiative, the Fair Labor Association workplace code – by looking at these initiatives through Derrida's aporias of justice as set out in 'Force of Law: The "Mystical Foundation of Authority"'. Based on a discussion of SA 8000, I uncover the unavoidable aporias that are associated with the use of this standard. I contribute to the literature on corporate responsibility standards in general (...) and SA 8000 in particular by showing (a) that attempts to standardise corporate responsibility can only be successful insofar as we recognise that compliance with SA 8000's rules requires a 'fresh judgement' every time they are applied, (b) that SA 8000 should not be pushed down the supply chain as such coercion does not require a truly responsible decision by suppliers and eventually leads to moral mediocrity and (c) that the necessarily time-consuming reflections about the singular contexts within which SA 8000 is applied challenge the urgent need for implementing this standard. I discuss the implications of my analysis of SA 8000 for corporate responsibility standards in general. (shrink)

I explore the limits of corporate responsibility standards – for example Social Accountability 8000 (SA 8000), the Global Reporting Initiative, the Fair Labor Association workplace code – by looking at these initiatives through Derrida's aporias of justice as set out in ‘Force of Law: The “Mystical Foundation of Authority”’. Based on a discussion of SA 8000, I uncover the unavoidable aporias that are associated with the use of this standard. I contribute to the literature on corporate responsibility standards in general (...) and SA 8000 in particular by showing (a) that attempts to standardise corporate responsibility can only be successful insofar as we recognise that compliance with SA 8000's rules requires a ‘fresh judgement’ every time they are applied, (b) that SA 8000 should not be pushed down the supply chain as such coercion does not require a truly responsible decision by suppliers and eventually leads to moral mediocrity and (c) that the necessarily time‐consuming reflections about the singular contexts within which SA 8000 is applied challenge the urgent need for implementing this standard. I discuss the implications of my analysis of SA 8000 for corporate responsibility standards in general. (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)

Carl Schmitt's critique of liberal pluralism (of individuals and associations) was conducted in the name of a different pluralism, a truer pluralism, according to him, namely, the pluralism of equal and sovereign nation-states. His friend/enemy distinction dictates that conflict is the only legitimate model for politics, at least on the international level. By translating Schmitt's theory of politics as conflict into terms derived from the work of Lyotard and Luhmann, this article asks whether Schmitt's concept of the political has any (...) relevance for the contemporary world, especially considering that the liberal pluralism of associations (or social systems) seems to have carried the day. Such a transposition requires that the modern, horizontal structure of operationally closed (but internally bifurcated) social systems be thought of as sovereign states fiercely fighting to maintain their autonomy. Thus, the common battle fought by the anti-modernist, Schmitt, the ultra-modernist, Luhmann, and the post-modernist, Lyotard, is the one against de-differentiation and the expansion of a universalist morality and economy. (shrink)

This article offers perspectives from academics with recent journal editing experience on a range of ethical issues and dilemmas that regularly pose challenges for those in editorial roles. Each contributing author has provided commentary and reflection on a select topic that was identified in the research literature concerning academic publishing and journal editing. Topics discussed include the ethical responsibilities of working with international and early career contributors to develop work for publication, balancing influence and responsibility to a journal's disciplinary field (...) while maintaining the integrity of editorial and review processes, and the challenges of promoting scholarly research that pushes epistemological, methodological, and political boundaries in an increasingly competitive publishing climate. This article aims to stimulate discussion concerning the roles, responsibilities, and ethical challenges faced by journal editors, and the implications of these for ethical practices in academic publishing today. (shrink)

This article examines a range of problems centring on the theorization of cultural identity and cultural property by reference to debates about the appropriation of the Maori `tattoo' or ta moko and the authenticity of contemporary Maori tattooing practices. Through a consideration of the relationship between cultural identity and tattooing, it addresses a problematic concerning the articulation of indigenous `property', `ownership' or `authority' in legal, anthropological and philosophical discourses. Theorizations of `tattoo' as `cultural property', for example, generally assume a certain (...) `proper' relationship between subject and object, precomprehended in terms of Western legal-philosophical concepts. Against the background of these issues, the use of ta moko as a form of signature or authorizing mark of identification is taken to highlight issues concerning the complex relationship between the attribution of certain cultural practices, characteristics or `properties' to a certain group and the notions of authorship and authority that underwrite such designations. (shrink)

While philosophy has been defined as a critical endeavour since Plato, the critical potential of rhetoric has been mostly overlooked. In recent years, critique itself – as a means of enlightenment and emancipation – has come under attack. While there have been various attempts to renew and strengthen critical theory and practice, rhetoric has not yet played a part in these attempts. Addressing this lacuna, the article argues that rhetoric can function as a critical force within philosophy. The rhetorical perspective (...) confronts the claim to rational discourse and universal knowledge with the contingency of philosophical languages, means of representation, and social practices. Moreover, it allows us to think of critique as an activity of a subject that is at the same time constituted and transformed by it. This opens up the possibility of a rhetorical philosophizing that meets its critical standards by taking into account both the conditions of its own speaking and what it must exclude as its ‘other’ in order to function. (shrink)

In a quest after the essence of memory, a crucial distinction is made between the notions of memory and remembrance, following Plato’s distinction between mneme and hypomnesis. T...

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)

Derrida's early reluctance to spell out political implications of deconstruction gave way during the course of the 1980s to a series of analyses of political concepts and issues. This article identifies the principal intellectual strategies of Derrida's political engagements and provides a detailed account of his concept of ‘democracy to come’. Finally, it suggests several points of contact between Derrida and recent liberal political philosophy, as well as some areas in which deconstructive analyses require further refinement if fruitful exchange is (...) to occur. (shrink)

This paper surveys Derrida’s discussions of political sovereignty in order to highlight his preference for a cosmopolitan world order and show how the deconstruction of sovereignty cannot proceed on the model of his earlier analyses of concepts such as justice, hospitality, forgiveness and democracy.

Walter Benjamin's Other History: Of Stones, Animals, Human Beings, and Angels. By Beatrice Hanssen (Berkeley, Los Angeles, London: University of California Press, 1998), 218 pp. $35.00 cloth.

Several accounts of postmodernist theories define them as discourses in quotation marks thus shifting the emphasis from reconstruction to deconstruction. Without contesting the import of deconstructive philosophy and Derrida's intervention in particular, in this essay I defend reconstruction and propose it as a mode of postmodernism that is compatible or even complementary with discursive strategies of quote‐mark use. By drawing on Albrecht Wellmer's and Klaus Eder's ideas, I introduce a definition of postmodernism as postmetaphysical thinking and explore some basic metaphysical (...) tenets about subjectivity, reason, language, and human nature as characteristic of the modern era and by no means endemic in thought. I argue that this attempt uncouples reconstruction from metaphysics allowing it to regain its philosophical significance and opens new conceptual horizons for understanding reflection and culture. (shrink)

This article discusses how John Dewey's “Report and Recommendation upon Turkish Education” and some of Dewey's related travel narratives reflect “civilizing mission” imperatives and involve multiple utopian operations that have not yet attracted political-philosophical attention. Such critical attention would reveal Dewey's misjudgments concerning issues of diversity, geopolitics, and global justice. Based on an ethicopolitical reading of the relevant sources, the aim here is to expose developmentalist and colonial vestiges, to raise searching questions, and to obtain a heightened view on the (...) stakes of Dewey's utopianism and progressive pragmatism. The article concludes that the acknowledgment of the Armenian genocide constitutes a major challenge to Dewey scholarship. (shrink)

In this article I explore some points of convergence between Habermas and Derrida that revolve around the intersection of ethical and epistemological issues in dialogue. After some preliminary remarks on how dialogue and language are viewed by Habermas and Derrida as standpoints for departing from the philosophy of consciousness and from logocentric metaphysics, I cite the main points of a classroom dialogue in order to illustrate the way in which the ideas of Habermas and Derrida are sometimes received as well (...) as the actual relevance of ethical and epistemic concerns within educational settings. I claim that such concerns cannot be sidestepped without cost and that they can be approached by combining rather than rigidly separating Habermas and Derrida. Beyond the consolidated polemics, emancipatory politics and Enlightenment priorities of truth and justice bring Habermasian reconstruction and Derridean deconstruction closer than it is typically assumed. Attention to such a convergence can enrich the teaching material of higher education courses which usually comprises either Habermasian or Derridean texts but rarely both. It can also stave off some of the risks involved in some versions of constructivism as they occur in school practice. (shrink)

This paper argues that corporate Codes of Ethics lose their ability to further moral responsiveness because of the narrow instrumental purposes that inform their adoption and use. It draws on Jacques Derrida's reading of Emmanuel Levinas to argue that, despite the fact that all philosophical language entails a certain violence, corporate Codes of Ethics could potentially play a more meaningful role in furthering ethical questioning within corporations. The paper argues that Derrida's reading of Levinas' notion of 'the third' could precipitate (...) the emergence of a broader sense of ethical responsibility towards multiple others within corporations. Codes may also present the opportunity for corporations to engage in the reconsideration of their own purposes in the light of questions of justice towards multiple others. How these changes in the establishment and use of Codes may be accomplished is explored towards the end of the paper. (shrink)

This paper argues that corporate Codes of Ethics lose their ability to further moral responsiveness because of the narrow instrumental purposes that inform their adoption and use. It draws on Jacques Derrida's reading of Emmanuel Levinas to argue that, despite the fact that all philosophical language entails a certain violence, corporate Codes of Ethics could potentially play a more meaningful role in furthering ethical questioning within corporations. The paper argues that Derrida's reading of Levinas' notion of ‘the third’ could precipitate (...) the emergence of a broader sense of ethical responsibility towards multiple others within corporations. Codes may also present the opportunity for corporations to engage in the reconsideration of their own purposes in the light of questions of justice towards multiple others. How these changes in the establishment and use of Codes may be accomplished is explored towards the end of the paper. (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...

This article uses Ronald Dworkin's argument for the unity of value to explore the redemptive core of modern legal order. Dworkin establishes a formal unity: all legal claims reside within a linked framework of moral justification. However, Jean-Francois Lyotard's concept of the differend exposes a lingering gap. Arguments within a moral universe do inevitably converge, but such unity is only possible due to the formative violence enactedbysuch orders. Dworkin hopes to provide the definitive statement against moral subjectivity, but in its (...) purest form, he proves precisely the opposite. The lesson to draw from Dworkin's work is that ‘justice’ is ultimately only the means by which political orders categorize and thereby sustain their own formative acts of exclusion under the guise of offering their redemption. (shrink)

This paper outlines a typical referral made on behalf of a school to the author, who is an educational psychologist. Regarded as the expert, the psychologist is consulted by the head of school with the expectation that answers can be given as to what works with the child in question. In the context of a runaway world, it is easy to look for that which is certain and for what works. The aim of the paper is to problematize the view (...) of the expert psychologist who always knows and who can impart skills which will solve the problem. It seeks to put forward the idea of the professional who works with uncertainty and who acknowledges the importance of, rather than resists, the idea of not knowing. Notwithstanding the attempts of the institutions within which the professions work to standardize procedures and responses, and notwithstanding the attempts to leave nothing to chance, children still slip through the gaps. The author is suggesting that an openness to contingency and uncertainty will allow for the complex situations which constitute children's difficulties, and thus ensure better professionalism. In turn, learning to tolerate not knowing generates the professional who is in a constant process of becoming through her practice. Through thinking again, the practitioner is encouraged to be open to the complexities which children's situations offer. (shrink)

Early intervention comes in-between the lives of children, families and teachers. This article uses part of a report written by an educational psychologist about a little girl to question the nature of intervention through Rancière’s writings. As children and parents are seen as put into the position of inadequacy, they require such intervention, which in turn makes them more inadequate. The article goes on to highlight the numerous ‘givings’ involved in early intervention, through Derrida’s writing. However, such giving is questioned (...) as creating expectations that receivers of the gift must fulfil, thus nullifying the gift. The conclusion suggests that starting from a perspective of equality and acknowledging the aporia involved could help the people in this scenario to take a different approach. (shrink)

This paper attends to the curious affair of Jacques Derrida in Prague when he was arrested by the Czechoslovakian police on charges of drug smuggling. It reads two images by Valerio Adami and Nicolas Poussin, entitled, ‘The Massacre of the Innocents’, Tom Stoppard's play, Professional Foul about dissident philosophers in Prague, and a section from Ken McMullen's film Ghost Dance on Kafka. It turns around the question of what ‘innocence’ might mean in politics and reading.

The present article addresses the question of whether, and to what extent, critical thinking should make attunement to current social and political landscapes central to its practice. I begin by outlining what I consider to be the basic positions in the debate about the political contextualisation of critical thinking, which are referred to as the crypto-Enlightenment and the critical pedagogical models. I argue, on the basis of various strands of research, that there is a prima facie case to be made (...) in favour of the critical pedagogical position that favours forefronting the social and political context of critical thinking and thinking in general. I then draw attention, however, to problems of coherence and justification in the critical pedagogical position, before turning, finally, to an alternative grounding of critical thinking that takes seriously the historical and social contextualisation of thinking without the coherence problems of critical pedagogy. My conclusion is that while the critical pedagogical model is right to point to the fatal incompleteness of Enlightenment-style critical thinking due to its failure to properly acknowledge the norm-saturated nature of historical consciousness, critical pedagogy itself fails to offer a coherent alternative to the problem of integrating value and rationality in a more full-blown grounding of critical thinking. I suggest that a hermeneutical model that integrates the rational, axiological and historical moments in consciousness provides a more satisfying foundation for understanding the trajectory and purpose of critical thinking. (shrink)

Most readers of Habermas would not classify him as an existential thinker. The view of Habermas as a philosopher in German Idealist and Critical traditions from Kant to Hegel and Marx to the Frankfurt School prevails among Continental as much as among analytic philosophers. And the mainstream Anglo-American reception of his work and politics is shaped by the approaches of formal analysis rather than those of existential and social phenomenology or even current American pragmatism. One may argue that both these (...) readings eclipse richer existential dimensions of a thinker who challenges the notorious methodological and political splits among analytic, Continental and pragmatist orientations. I argue that Habermas’ critical relation to Heidegger’s a historical history of Being and his misguided political career cannot explain a competing narrative of his own affirmative appropriation of existential-ethical dimensions of thought and activism. Second, if one sets in the foreground this competing narrative, there emerges a weak thesis, whether or not a plausible complementarity between the communications critical social theory and concrete existential categories can be established. Third, one may inquire further into a stronger thesis whether or not this link must be developed in order to render Habermas’ own theory of a communicatively competent self sufficiently concrete and critical. (shrink)

The article considers the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all. The claim that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms may be combined with the claim that the logic of determination of political communities tends to generate exclusions. The combination of these two claims lends specific force to the third argument (...) according to which equal consideration perpetually requires the non-egalitarian project of understanding (excluded) individuals on their own terms. Hence, taking off from a recent debate between Christoph Menke and Jürgen Habermas, I argue that the former is right to diagnose an aporetic self-reflection in egalitarian universalism, while agreeing with the latter about the indispensability of deliberative democratic frameworks for the defence of both egalitarian and non-egalitarian norms. (shrink)

Instead of essentializing and defining what CSR “is”, we analyze CSR as a political discourse in which different actors struggle to fill the empty shell of Corporate Social Responsibility (CSR) with a legitimate interpretation. In this paper we take the current debate on CSR in Austria as an example to demonstrate how this debate is shaped by changes in the greater socio-economic environment. We suggest that this debate might be paradigmatic for the development of CSR in the European/International context. We (...) argue that the debate and the political moves concerning an implicit or an explicit concept of CSR are rooted in a more fundamental question: the societal (re-)embedding or disembedding of companies. (shrink)

The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of democracy onto the domain of the juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts (antagonisms) which, nonetheless, need to be tamed for a pluralist democracy to function, creates an excellent vantage point for a critical theory of adjudication. The paper argues for perceiving all judicial (...) decisions as having a double nature—juridical and political. Cloaked in legal form, judgments nonetheless decide on individual instances of on-going collective conflicts, opposing workers to employers, consumers to traders, tenants to landlords, moral progressives to traditionalists, minorities to majorities and so forth. Judges, when handing down judgments, enjoy a ‘relative sovereignty’, being always already inscribed into the institutional imperatives of the juridical, on one hand, and ideological influences, on the other, but at the same time called upon to decide in the terrain of the undecidable and contingent (after all, law does not ‘apply itself’ on its own). Indeed the determinacy of legal decisions is only relative: in many cases judges can, by performing a sufficient amount of legal interpretive work, reach a conclusion which will be different from theprima facieinterpretation. The collective conflicts of a various nature (economic, ideological, socio-political), once they are juridified, become the object of judicial decisions which, in light of Mouffe’s theory, can be seen as temporary hegemonic fixations. The goal of critical legal scholarship is to destabilise such hegemonies in the name of justice. This can be done not only through an external critique of the law, but also through an internal one. The methodological approach advanced in the latter part of the paper emphasises the need for a critique of judicial decisions based on the consideration of all possible alternative decisions a court could have reached, and their evaluation in the light of conflicting interests and ideologies. (shrink)

For any teacher, student or practitioner of the architecture and the law of states, the passing of John Rawls, over a year later, is doubtless still providing an unusual moment in modern liberal de...

What I was looking for were folk music records and the first one I saw was Odetta on the Tradition label. I went into the listening booth to hear it. Odetta was great. I had never heard of her unti...