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Switch to: References
Citations of:
Force of Law: The 'Mystical Foundation of Authority'
In Gil Anidjar (ed.), Acts of Religion. Routledge (2001)
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I begin by examining the logic of autoimmunity as characterized by Jacques Derrida, ‘that strange behaviour where a living being, in quasi-suicidal fashion, ‘‘itself’’ works to destroy its own protection, to immunize itself against its own immunity’ (Borradori, 2003: 94). According to Derrida, religion, democracy, terrorism and recent responses to the trauma of terrorism can be understood in terms of this logic. Responses to terrorism are ‘autoimmune’ and increase the trauma of terrorism as well as risking democratic values. I argue (...) |
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For Derrida, the ‘‘as if’’, as a regulative principle directly appropriated and modified from its Kantian context, becomes the central lynchpin for understanding, not only Derrida's philosophical system as a whole, but also his numerous seemingly enigmatic references to his ‘‘jewishness’’. Through an analysis of the function of the ‘‘as if’’ within the history of thought, from Greek tragedy to the poetry of Wallace Stevens, I hope to show how Derrida can only appropriate his Judaic roots as an act of (...) |
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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 (...) |
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Review of _Radical Atheism_, focusing on the question of hospitality. |
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The purpose of this paper is to establish a proper context for reading Jacques Derrida's The Gift of Death, which, I contend, can only be understood fully against the backdrop of "Violence and Metaphysics." The later work cannot be fully understood unless the reader appreciates the fact that Derrida returns to "a certain Abraham" not only in the name of Kierkegaard but also in the name of Levinas himself. The hypothesis of the reading that follows therefore would be that Derrida (...) |
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In colonial nations, such as the land called Australia, the two registers of settler and Indigenous jurisdictions compete at the level of symbolic certainty. In Lacanian psychoanalytic theory neither can arrive at perfect symbolisation but the struggle and the proximity to their arrival can evoke anxiety. What insists to keep this anxiety at bay, in non-Indigenous Australia, is what Jacques Derrida calls justice. As an impossible object, similar to the Lacanian object petit a, justice must be interminably animated to hold (...) |
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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 (...) |
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Belgian law on child euthanasia uses the concept of discernment to bestow the right to die to minors. Jacques Derrida’s deconstruction of oppositional logic grasps the ambiguity of this use of discernment and generally challenges the alleged force of a textual sign meaningfully to differentiate itself from its different and meaningless else. This alleged ability to discern the presence of discernment impinges the truth-value of the distinction between worthy/unworthy lives. The resulting undecidability morally suggests the respect for otherness and promotes (...) |
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Journal of Religious Ethics, Volume 49, Issue 2, Page 382-411, June 2021. |
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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 (...) |
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ABSTRACT What does it mean to practice a theory of recognition within the discipline of philosophy? Across an initially acrimonious French-German divide, Axel Honneth’s effort to recognise the value of contemporary French philosophy and social theory suggests that philosophy is a self-critical, outwardly oriented, and cooperative discipline. First, mobilising the idea of recognition in his own philosophical practise has permitted Honneth to notice non-deliberative aspects of social interaction that Habermas had overlooked, including the need for self-confidence and the need for (...) |
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On January, 27, 2017, U.S. President Donald J. Trump issued Executive Order 13769 on immigration and travel, which restricted entry into the U.S. of the citizens of seven primarily Muslim countries. Many academics reacted with outrage, including me and other members of the Academy of Management, of which I was President at the time. Some scholarly associations condemned EO 13769 as immoral, but the AOM did not immediately issue such a condemnation because the AOM’s Constitution included a policy of no-political-stands (...) |
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This paper argues that Jean-Paul Sartre’s discussion of violence from his Notebooks for an ethics constitutes an attempt to go beyond an instrumental view of violence. An “instrumental view of violence” essentially assumes that violent behavior is a form of pragmatic behavior whose distinguishing feature consists in the kind of means one employs for reaching one’s goals (violent behavior resorting to means that are harmful for others, whereas non-violent behavior does not). For his part, Sartre attempts to provide a stronger (...) |
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The point of departure of this article is that hospitality in education has not been theorized in terms of emotion and affect, partly because its law have been discussed in ways that have not paid much attention to the role of emotion and affect. The analysis broadens our understanding of the ethics and politics of hospitality by considering it as a spatial and affective relational practice. In particular, concepts from affect theory such as the notion of affective atmospheres and atmospheric (...) |
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In his essay ‘Critique of Violence’, Walter Benjamin subjects violence to a critique in order to establish the criterion for violence itself as a principle. His starting point is the distinction between law-positing and law-preserving violence. However, these are for him inseparable and subjected to the law of historical change: the history of the law is nothing but the dialectical rising and falling of legal orders. Benjamin’s analysis of legal violence and his criticism of parliamentary democracies, this article advances, should (...) |
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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 (...) |
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Religion and violence are related in an ambivalent, paradoxical way, for the systems of religious knowledge tend to prohibit violence and to motivate it at the same time. This paper looks for the roots of that ambivalence and reveals particular mechanisms that generate violence within religious systems and their associated practices. It argues that violence in religious systems is present in at least three forms: It is inherent to communication with the “sacred,” it is generated by processes of inclusion and (...) |
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_Offers a striking new reading of Agamben’s political thought and its implications for political action in the present._. |
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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 (...) |
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This article explores the so-called `postsecular' turn from two different but intersecting angles. The first part of the argument offers a reasoned cartography of the postsecular discourses, both in general and within feminist theory. The former includes the impact of extremism on all monotheistic religions in a global context of neo-conservative politics and perpetual war. The context of international violence has dire consequences for the social space, which is increasingly militarized, but also for academic debates, which become more and more (...) |
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Although many still see Derrida as a thinker opposed to a unified systematic meaning, there has recently been growing recognition that Derrida, in his later years, suggested that his work is not averse to formalisation. In support of this view, this paper points out that, in 1990, Derrida himself told us that his first work of 1954 reveals a “law” which impels his career, and that some responses had arisen even there. Some benefits of adopting such a common pole are (...) |
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My paper examines Derrida's attempts to resist, on the one hand, what he thought of as the increasing international hegemony of American English as the technolanguage of communication, and, on the other hand, forms of linguistic nationalism, when using the resources of the French language to deploy the syntagma: démocratie à venir. It does this by investigating what happens when claims about democracy are made in such a way as to be singularly idiomatic – made from a cosmopolitan point of (...) |
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Some of Catherine Malabou’s recent work has developed her conception of plasticity (originally deployed in a reading of Hegelian Aufhebung ) in relation to neuroscience. This development clarifies and advances her attempt to bring contemporary theory into dialogue with the natural sciences, while indirectly indicating her engagement with the French tradition in philosophy of science and philosophy of medicine, especially the work of Georges Canguilhem. I argue that we can see her development of plasticity as an answer to some specific (...) |
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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 (...) |
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This article explores how our understanding of ambivalence would shift if we saw it as an inherent and essential part of the ordinary work of education. Following Bauman's sociology of the stranger and Derrida's deconstructions of hospitality, the article unfolds in three parts. In the first part we discuss the preconditions of modern education which since the Enlightenment has been guided by the postulate that there is and ought to be a rational order in the social world. In the second (...) |
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This paper is a response to Derek Attridge's review of my book Radical Atheism: Derrida and the Time of Life, Stanford: Stanford University Press, 2008. Attridge's review was published in Derrida Today Vol. 2, Issue 2 (2009), pp. 271–281, the arguments of which have also been incorporated in Attridge's recent book Reading and Responsibility, Edinburgh: Edinburgh University Press, 2010. |
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Derrida's key concepts or pseudo-concepts of différance, the trace, and the undecidable suggest analogies to some of the most significant results of formal, symbolic logic and metalogic. As early as 1970, Derrida himself pointed out an analogy between his use of ‘undecidable’ and Gödel's incompleteness theorems, which demonstrate the existence, in any sufficiently complex and consistent system, of propositions which cannot be proven or disproven (i.e., decided) within that system itself. More recently, Graham Priest has interpreted différance as an instance (...) |
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In this contribution I address the type of emergency that threatens a stateâs monopoly of violence, meaning that the stateâs competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures (...) |
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Initially, deliberative politics offers a failure of self‐identity in that the literature dealing with it divides between its determinate elevation in terms of reason, and such, and its dissipation in response to the diversity of interests pressing on it. Next, drawing on the resources of poststructural jurisprudence and by way of locating law at a defining limit of deliberative politics, a similar divide is found in law itself. Then, more productively, law is shown to be constituted with‐in that divide and (...) |
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In proposing a next step in loosening the restriction of action to humans, this paper explores what we call the agency of attitudes and especially the ethical and practical questions that such recognition should entail. In line with Actor-Network Theory, we suggest that attitudes, passions and emotions can be seen to have agency in a similar vein as tangible agents (e.g., technological devices, texts, machines). We illustrate this suggestion using an example of socialization towards pain experienced during sports. Finally, we (...) |
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In Culture and Value Wittgenstein remarks: ‘Thoughts that are at peace. That's what someone who philosophizes yearns for’. The desire for such conceptual tranquillity is a recurrent theme in Wittgenstein's work, and especially in his later ‘grammatical-therapeutic’ philosophy. Some commentators (notably Rush Rhees and C. G. Luckhardt) have cautioned that emphasising this facet of Wittgenstein's work ‘trivialises’ philosophy – something which is at odds with Wittgenstein's own philosophical ‘seriousness’ (in particular his insistence that philosophy demands that one ‘Go the bloody (...) |
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Recent scholarship on Jacques Derrida’s work has turned toward his political and institutional engagements. I further this body of research by outlining a twofold problematic regarding the issue of “parliament.” Its first dimension concerns what I call a poli-technic of lying, which denotes that politically impactful techniques of lying demand we follow the lacunae of the polis, the phenomenality of an international public sphere and technologies of public circulation, and the relationship between the construction of categories of “peoples,” “nations,” “borders,” (...) |
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This paper investigates the ethics of deconstruction by considering it as a form of “resultless” thinking in the sense Hannah Arendt gave to that term: as the destabilization rather than the production of rules, norms, and criteria. In section II, I distinguish deconstruction’s specific resultlessness from Arendtian “self-destruction,” skeptical suspension, and Socratic irony, for whom resultlessness issues from the symmetrical cancelling out of equal counter-arguments. To the foremost objection to the resultlessness of thinking (the Arendtian “danger” that thinking is unable (...) |
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Jacques Derrida’s and Gilles Deleuze’s philosophies of justice share many similar features. For both, justice involves an overturning of law by extralegal means, made possible by an “undecidability” in the judgment-making process. To distinguish their conceptions of justice, we examine their implicit modes of non-classical reasoning with regard to “otherness,” building from Routley and Routley and Daniel Smith, to conclude that Derrida’s thinking on justice is at least paracomplete (or analetheic) while Deleuze’s is just paraconsistent (or dialetheic). |
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The aim of the paper is to establish a relation between the cooperative principle formulated by H.P. Grice in pragmatics and the principle of sincere cooperation laid down in the founding Treaties on the European Union and interpretated by the Court of Justice of the European Union, intimately linked to the ethical imperative of cooperation, in a cultural framework shared by the Member States. The key concepts are ratio and value and the case-law analysed is provided by the recent cases (...) |
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The political philosophy of radical democracy has made innumerable invaluable contributions to theories of democracy. However, while radical democrats tend to focus on the political, a cogent and comprehensive framework of law appropriate to radical democracy has only recently been begun to be developed. Interpreting the vast tradition of radical democracy to be based at least on the fundamental tenets of radical equality, anti-foundationalism, and to a lesser extent conflict, this paper argues that the oft-forgotten work of the American legal (...) |
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Our actions, even the quietest, are liable to become occasions for inculpation. But what kind of action would remain immune to the act of judgement? Such an action is made manifest in Michelangelo’s Moses. Freud’s cinematic reading of the sculpture yields a concern with what Moses does not do. Neither the origin nor the outcome of an action proves decisive but rather “the remains of a movement that has already taken place.” Such a remainder troubles the ascription of agency to (...) |
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Political protests involving clashes with police are often delegitimized by governments for using “uncivil” and “violent” means. Drawing on a creative video clip made by a group of Gezi protestors, this paper theorizes an alternative response, which refuses the dichotomy between peaceful and violent struggles and instead seeks to transform the field of judgement. The protestors in the clip, by echoing a verse originally written by poet Cemal Süreya, reconstruct destructive activity – breaking billboards – playfully and detached from its (...) |
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This paper examines Jacques Derrida's deconstruction of Giorgio Agamben's account of the history of bio-politics in the Beast and the Sovereign. In this account, the ‘threshold of bio-political modernity’ is identified with the collapse of an allegedly immemorial distinction between life and the law. According to Derrida, however, this in-distinction between life and the law, which supposedly marks the historical emergence of the bio-political, is in fact an originary event. Agamben, therefore, announces a bio-political modernity that has always already existed. (...) |
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This article revisits an infamous incident in colonial India -- the Amritsar massacre of 1919 -- in order to explore larger questions of the place of martial law and emergency in jurisprudence. By focusing on modes of power in the colonial realm, and the productive role of the colonies in the conception of modern law, it tests the claims of a rule of law and declarations of emergency. The argument tries to show how these two terms are, in fact, relational (...) |
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