Commentators agree that Derrida's criteria for an event were stringent: it had to be unique, unpredictable and unanticipatable; it must come as a surprise that defies all conceptualization, comprehension, appropriation. Can any historical occurrence pass such rigorous tests and be considered an event? The question now extends to whether Derrida's writings or life should constitute an event. This article traces Derrida's use of the word ‘event’ or ‘événement’ from ‘Signature Event Context’ and early readings of Nietzsche, Blanchot, and Benjamin through (...) his 2001 paper, ‘The Impossible Possibility of Saying the Event’. Analysis shows that where Derrida appears to concede the independent existence of past events this illusion is created linguistically by supplements, the future anterior tense, and speech acts. His unsuccessful attempt to exemplify ‘events’ that were distinguishable from merely ‘what happens’ assimilates them into the latter category, which he likened to ‘rain’, a banal, minimal catachresis of nothing. The implication is that what we call history resembles a Beckett-like condition of apparent insight that reverts, on reflection, to emptiness. (shrink)

In ‘Force of Law’, Derrida’s discussion of the ‘unstable’ distinction between law and justice exemplifies the deconstructive double bind and makes this a very significant text in virtue of its juridical, political and ethical import. The first section focuses on Derrida’s deployment of the polysemous term ‘force’. ‘Force’ refers to the enforceability of the law but also to the performative and interpretative foundational violence at the moment when a new order of legality is instituted. In the second section, I argue (...) that Derrida’s insistence on the differential relation between law and justice and on the corollary deconstructibility of the law leads to a critique of the current legal system and its axiomatics. I show that deconstruction appeals to unconditional justice in order to call for an excessive responsibility on the part of the legal system, to broaden the category of subject of law, and to have an impact on the lives of others in the margins of the established political order. (shrink)

Khora, as it figures in Plato’s Timaeus, as read by Jacques Derrida, poses a singular translation problem, not only for having more than one meaning, but also for having less than one. This might be thought of in terms of Derrida’s distinction between ‘polysemy’ and ‘dissemination’, in so far as any concept of translation will ‘re-mark’ a translation or reception of something like khora, the ‘all-receiving’. This means both that khora is untranslatable and that its translation into every language is (...) inevitable, which has implications for the question of a ‘politics of khora’, as becomes particularly apparent in Derrida’s unpublished seminar from 1985–86. (shrink)

Superficially, citizenship appears relatively simple: a legal status denoting political membership. However, critical citizenship studies scholars suggest that citizenship is first and foremost a political practice. When non-citizens, such as irregularised migrants, constitute themselves as citizens through their actions, irrespective of legal status, these practices of citizenship have transformational potential because they are extra-legal. Yet, there is an ambivalence here: rights-claiming migrants tend to frame their key demands within the terms of the law often by calling for the regularisation of (...) their status. This article addresses this ambivalence by adopting a ‘deconstructive method’ to investigate the legal dimensions of citizenship as sites of theoretical and political intervention. It is argued that practices of rights-claiming by irregularised migrants are important to grasp because they mobilise the paradoxes inherent to the fact that universal rights are enshrined in the constitutional texts of modern citizenship in order to generate new legal meanings and horizons of justice. This hypothesis is explored through a series of illustrative examples of rights-claiming taking place within and beyond the formal confines of legal orders. In so doing, the article sets out a novel conceptual framework for analysing how migrants’ claims to justice strategically negotiate citizenship in its legal form. (shrink)

Este libro promete ser una contribución para el estudio de la teoría crítica en general y para el análisis de la historia de la Escuela de Frankfurt en particular. Todos los trabajos que están contenidos en este volumen hacen parte del amplio marco teórico de la teoría crítica de la sociedad. Muchos siguen las huellas de los fundadores de esta tendencia, mientras que otros se presentan como críticos de la misma y unos cuantos más tratan de vincular problemas y contextos (...) de relevancia a los conceptos más destacados que se empezaron a construir hace cien años en Frankfurt. Encontramos como buena excusa para su publicación precisamente el año centenario del Instituto de Investigación Social. Además, hemos creído conveniente organizar los materiales en secciones que van desde la historia de la Escuela de Frankfurt hasta la consideración de algunos interrogantes de actualidad motivados por el desarrollo de la teoría crítica. No obstante, con esto no pretendemos establecer límites absolutos de clasificación. Confesamos que nuestra forma de organizar los ensayos responde simplemente a criterios editoriales más que a cuestiones teóricas y conceptuales. Claramente las intersecciones entre los estudios aquí presentados son amplias y hacen que cada una de las propuestas pueda dialogar con las otras en función de sus evidentes parecidos de familia. (shrink)

Can deconstruction be accomplished not through the close reading of just one discourse, but through its combination with another? This paper aims at exploring this second way of performing deconstruction through a particular case study: Marxism and psychoanalysis. In the body of the essay, the history of Freudo-Marxism is divided into two parts, depending on which psychoanalyst stands as point of reference: Freud or Lacan. We proceed by studying the four main strategies by virtue of which a genuine combination between (...) Marxism and psychoanalysis has been historically attempted: separation (Reich), domination (Marcuse), contradiction (Althusser) and, finally, deconstruction (Laclau). (shrink)

When we deal with complex things, like human subjects or organizations, we deal with identity – that which makes a person or an organization what it is and distinguishes him/her/it from other persons or organizations, a kind of “self”. Our identity determines how we think about and interact with others. It will be argued in this chapter that the self is constituted relationally. Moreover, when we are in the realm of the self, we are always already in the realm of (...) engaging with and mediating differences – the realm of ethics. The position which will be developed argues that approaching identity as a complex system allows us to resist thinking of identity as an easily identifiable and static entity. Identity is always being constituted within a complex and contingent world, where we have to make choices based on contingent values rather than on universal knowledge or the outcome of rational calculations. As a result, we have to keep in mind that our daily practices always already have an ethical component, and our decisions need to be continually evaluated and re-evaluated in the light of our (and others’) varying identities. (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)

In this article, I show why it is necessary to abolish the use of predictive algorithms in the US criminal justice system at sentencing. After presenting the functioning of these algorithms in their context of emergence, I offer three arguments to demonstrate why their abolition is imperative. First, I show that sentencing based on predictive algorithms induces a process of rewriting the temporality of the judged individual, flattening their life into a present inescapably doomed by its past. Second, I demonstrate (...) that recursive processes, comprising predictive algorithms and the decisions based on their predictions, systematically suppress outliers and progressively transform reality to match predictions. In my third and final argument, I show that decisions made on the basis of predictive algorithms actively perform a biopolitical understanding of justice as management and modulation of risks. In such a framework, justice becomes a means to maintain a perverse social homeostasis that systematically exposes disenfranchised Black and Brown populations to risk. (shrink)

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)

After 1967, for some twenty years it appears that Derrida has little to say about Husserl. In the late 1980s he returns to Husserl and reiterates his early critiques of the limitations of phenomenology in relation to European humanism. However, in the 1990s there is more than just a return to Husserl, there is also a re-evaluation, prompted by the publication of Derrida's 1953–1954 thesis on phenomenology. This article focuses on Derrida essay from 2000, ‘Et Cetera … (and so on, (...) und so weiter, and so forth, et ainsi de suite, und so überall, etc.)’, which is both the development of a footnote from 1961 and a reminder to his readers to not forget the importance of phenomenology in the history of deconstruction. Focusing on the idealised status of the ‘etc.’ in phenomenology and Husserl's remarkable account of the syncategorematic ‘and’, Derrida's essay suggests that we must think of both ‘deconstruction … and phenomenology’ and of the tradition and legacy of phenomenology as a limit for deconstruction. (shrink)

I am the LawIt is hard to imagine two more disparate characters than Judge Joseph Dredd and Hercules J—the one an over-muscular, faceless and heavily armed street judge astride a Lawmaster motorcycle who overidentifies with his role ; the other devoid of any physical presence or image, and structurally decoupled from the execution of law by a fierce determination to maintain the separation of powers and accountability which Dredd so effortlessly ignores. Hercules J is the embodiment of an intellectualised, yet (...) creative, operationalisation of law. To the academic spirit, Hercules is infinitely preferable as a model of judicial activism: his world conjures a contemplative modality, ever alert to the requirements of rights and largely aligned with the temper of the post-Enlightenment. By contrast, Dredd is the personification of the worst aspects of law-and-order as the debased and politicised manifestation of the Rule of Law. His is an intensely visceral presence, the metonymic blindness of Themis replaced by the Dredd’s fractured eyeline: blindness as a signifier of impartiality yields to blindness as a symptom of institutional rage. This article interrogates the characters, actions and values of Hercules J and Dredd J, viewed primarily through the lens of Jacques Derrida’s Force of Law, focusing on the relationship between law and violence as it is exposed in Hercules’s and Dredd’s worlds, and then turning to judicial confrontation with the aporetic: the aporias, identified by Derrida and others, that law must confront. The interrogation continues, finally contemplating the current state of law in the common law world—the world of liberal democracies, suggesting that the high point of democracy may well have passed, and that we are on a Dredd-ward trajectory. (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.

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)

Could there be a better instance of ethical conflict at the scene of the modern Western university than the case of Martin Heidegger, who in 1933 became a Nazi, arguably to elevate his own standing and career? In this article I examine the opposing ethical forces that animated Heidegger’s brief foray into Nazism, to ask whether the same forces continue to be found in the technocratized university described by Bill Readings. I address Heidegger’s own philosophy as a context in which (...) these conflicting ethical forces are confronted, using metaphorical references to Pollyanna and Cujo. This absorption of literary allusions within a contribution to educational philosophy seeks deliberately to break the stranglehold that empiricism has on the discipline of education. It regards the hegemony of empiricism as an ideological fetishism. I am using the work of Jacques Derrida to deconstruct the idea of the university, with Heidegger’s political opportunism as symptomatic of current patterns of self-marketing, self-promotion, and entrepreneurialism amongst academics. (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)

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 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 paper focuses on the dynamic relationship between philosophy and literature, using the conceptual frame developed by Richard Rorty. First, I’m interested in revisiting Rorty’s distinction between writers who are preoccupied with self-creation, self-edification, and autonomy, on the one hand, and writers who are dedicated to the problems of common good, public deliberation, and solidarity, on the other hand. Second, I try to draw a map of the contemporary theorizations concerning the possible loci in the philosophy – literature dyad. Third, (...) I tackle the theme of ironism by discussing the philosophical implications of Michel Houellebecq’s last novel, Soumission. In this case, we get a glimpse of the fact that there may be literary works that are both useful for public purposes and still faithful to irony. Moreover, this example shows that the barrier between philosophy and literature is permeable enough to produce fruitful results. (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)

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)

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)

This article investigates the politics of translation at work in contemporary theories of secularism. It turns to the thought of Jacques Derrida in order to challenge liberal and more critical perspectives. Without a complex analysis of translation and its ethico-political effects, the revisitation of secularism remains deficient, leaving the liberal politics of translation exclusionary and that of their critics ineffective. Pointing to the resources Derrida offers for a deeper understanding of the nature, political stakes, and implications of translation, this article (...) illuminates an understudied and yet crucial dimension of the relationship between religion and politics, and more generally of public life. (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)

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)

The article argues that the contentious and complex concept of ‘authenticity’, which Agamben develops from Heidegger, forms a central continuity between Agamben’s earlier work, which focuses more on language and art, and his later work, which focuses more on politics. Moreover, I suggest that although this concept is often unquestioned and elided in his work, it plays a crucial role in the deep structures of his thought. Moreover, the ‘unthought concept’ of ‘authenticity’ is of concern because, while authenticity might possibly (...) have a role to play in the sphere of how we come to understand and relate to artworks, there are reasons to be suspicious of this concept in the political realm if, indeed, these two ‘realms’ can be understood separately. If these two spheres cannot be clearly separated, as seems more likely, then it is even more important to explore and question the terms and cluster of concepts around ‘authenticity’. (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)

Derrida's work on hospitality presents particular local conventions of hospitality as in a necessary but impossible relationship with an absolute hospitality, the obligation to welcome the other without conditions. Although this absolute hospitality is commonly read as the aspiration to which all of our practices of hospitality should tend, Derrida proposes a series of examples that show the dangers implicit in an automatic or limitless welcoming. The most famous of these is that of the Old Testament patriarch, Lot. The aim (...) of this paper is to show, however, that the Genesis story is not primarily a parable about correct and incorrect practices of hospitality. In fact, what is at stake in the visit of the angels to Lot is the covenant between Abraham's line and the divine and the coming into the world of God's absolute sovereign violence. Derrida's account of hospitality is thus part of his discussion of sovereignty, its limitlessness, force and danger. (shrink)

This paper analyses the paradigms of interpretation and the evolution of the creative processes in music and law. Whether it is matter of a score or a law, the text is reborn through the work of the interpreter who, in dealing with the epistemological problem of the understanding, has to harmonize the purity of the philological reconstruction of the object with the need to actualize its sense. Moving from the creative character of every interpretation—neither the musician can be reduced to (...) a mere executor of a concatenation of musical symbols on the staff as Stravinsky wanted nor the judge may be conceived as a bouche de la loi according to Montesquieu’s theory—this work, after having discussed Gadamer and Betti’s hermeneutical approaches to music and law, focuses on the issue of the limits to the interpreters’ freedom. The interpretation here proposed revolves around improvisation, seen as a typical cultural practice of the aesthetic dimension of music. Improvisation, which from baroque to jazz does not correspond to the realm of absolute freedom, is used as a trait d’union in order to make a comparison with legal experience. This is particularly true with the development of case law, which becomes increasingly problematic especially in the light of “liquid modernity”, where the “polytheism of values” has been gaining strength. Seen from this perspective, the comparison between the judge and the musician in their activity as interpreters of a formalized system of signs highlights the controversial relationship between form and creativity, the accuracy of the text and the requisites deriving from the social context, certainty and justice. (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.

AbstarctBoth the superhero and the supervillain operate outside the law. The former replaces law with a form of substantive justice while the latter seeks to invert or overturn the law in favour of a new grundnorm that best serves their vision for how society should operate. In this paper I consider what this prefix “super” really means in relation to these two classes, drawing on Nietzsche’s original definition of the ubermensch and its relationship to legal concepts such as the state (...) of exception, sovereign power and substantive justice. These relationships will be mapped across a number of examples from the Marvel Studios films—paying particular attention to the antagonists in these movies, both the state and the supervillains, arguing that it is these antagonists who are most illustrative of these concepts in play. (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)

In his new book, Fred Schauer adopts a prototypical approach to the law in order to reestablish the importance of “The Force of Law”, and I strongly support his claim that there are interesting things to be said about the relationship between law and force. One aspect concerns the special kind of force to which the law is related. In the tradition of political philosophy, this kind of force has often been characterized with the state's monopoly on legitimate force. Whereas (...) the essay will support the idea that the law has a monopoly of force, it will challenge the idea that it is its legitimacy that makes it characteristic. It is a monopoly not so much on legitimate, but on ultimate force. The robustness of the force the law is—prototypically—related to, however, should not obscure the fact that the relation between law and force is quite delicate and precarious. Three strategies of the law to manage this fundamental precariousness are pointed out. (shrink)

Within the ambit of modernity, "to be" a "person" means "to have" "a body." But what exactly do we mean when we say: ‘I have a body’? Who or what is this ‘I’ that ‘has’ ‘a body’ anyway? And how and why does this ‘having’, this possessing, of ‘a body’ confer legal and psychological personhood on us? Does such bodily possession necessarily define a mode of ‘self ownership’? Is distinguishing between the notions of ‘being an organism’, or even ‘being alive’, (...) and ‘having a body’ just a matter of semantics? Or are there pragmatic, bio-political consequences to the ways we construe our vitality and embodiment? Can thinking about ‘the body’ as a (or even, the) matter of ‘self possession’ tell us something interesting about how ‘personhood’ informs our lives? After all, what is ‘the nature’ of ‘the body’, if it can be possessed in such a manner? And does this proprietary way of thinking exhaust the possibilities for how we can imagine what it means to be an organism, a person, a citizen or a human? (shrink)

This study seeks to critically explore the link between sovereignty, violence and war in Giorgio Agamben’s Homo Sacer series and Thomas Hobbes’s Leviathan. From a brief rereading of Leviathan’s main arguments that explicitly revolves around the Aristotelian distinction between actuality/ potentiality, it will conclude that Hobbesian pre-contractual violence is primarily based on what Hobbes terms “anticipatory reason” and the problem of future contingency. Relying on Foucauldian insights, it will be emphasized that the assumption of certain potentialities suffices in leading to (...) Hobbes’s well-known conclusion that the state of nature is a “condition of Warre.” In a second step, this study considers some of Agamben’s arguments to account for how pre-contractual violence as envisioned by Hobbes cannot be rendered impotent through the integration of a sovereign. In specific, Agamben’s claims shed light on an irreducible, inextricable entwining between the state of nature and the state of law as “Siamese twins” (Virno). On a meta-level, Agamben thus implicitly shows how the “Hobbesian problem” cannot be merely reduced to a “problem of order” (Parsons). With regard to the current functioning of the stratagems of financial markets and the mechanisms of future-colonization underpinning global politics, this study finally argues that Hobbes ought to be reevaluated in particular regarding the problem of the future in his account. Partly responding to Agamben’s critical investigations, I suggest that a careful exploration of what will be coined “the prospects of an actualization of the potentiality not-to-be” might serve as a first theoretical step towards a productive form of criticism. (shrink)

In this article, the Heidegger and Derrida controversy about the nature of questioning is revisited in order to rehabilitate questioning as an essential characteristic of contemporary philosophy. After exploring Heidegger's characterization of philosophy as questioning and Derrida's criticism of the primacy of questioning, we will evaluate Derrida's criticism and articulate three characteristics of Heidegger's concept of questioning. After our exploration of Heidegger's concept of questioning, we critically evaluate Heidegger's later rejection of questioning. With this, we not only contribute to the (...) discussion about why Heidegger rejected questioning in his later thought and whether this rejection is legitimized, but also to the rehabilitation of questioning in contemporary philosophy. (shrink)

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)

_Offers a striking new reading of Agamben’s political thought and its implications for political action in the present._.

This paper maps superheroes as signifiers of substantive justice and their relationship with the state across two Coverian nomoi, World War II and the “war on terror”. It is argued that the central concern of most superhero narratives is justice, exploring both what it means and how it can best be articulated. This “call to do justice” becomes even more important during wartime where superheroes become agitators for cultural change, appropriating the sovereign decision during states of exception even as they (...) resist co-option by the state itself. (shrink)

Each thinker, according to Heidegger, essentially thinks one thought. Plato thinks the idea. Descartes thinks the cogito . Spinoza thinks substance. Nietzsche thinks the will to power. If a thinker does not think a thought, then he or she is not a thinker. He or she may be a scholar or a professor, a producer or a consumer, a fan or a fake, but he or she would not be a thinker. Thus, if Heidegger is a thinker, he essentially thinks (...) one thought. What is Heidegger’s one thought? It is neither life nor death, neither me nor you. It is neither technology nor art. It is neither spirit nor language. Heidegger’s one thought is being—or more precisely, the question of the meaning of being. And what is being? Neither presence nor absence--but rather, an ambiguous uncertainty. (shrink)