The paper reconstructs Luhmann’s conception of legal argumentation and justice especially focussing on the aspects of contingency and self-referring operative closure. The aim of his conception is to describe/explain in a disenchanted way—from an external, of “second order” point of view—the work on adjudication, which, rather idealistically, lawyers and judges present as being a matter of reason. As a consequence of some surface similarities with Derrida’s deconstructive philosophy of justice, Teubner proposes integrating the supposed reductive image of formal justice described (...) by Luhmann with the ideal conception of justice presented by Derrida. Here this kind of attempt is rejected as epistemologically wrong. In addition, Luhmann’s theory is argued to have other shortcomings, namely: the failure to understand the pragmatic function of principles, and the incapacity to describe the current legal questions linked with cultures and legal pluralism, which characterise our society. (shrink)

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 (...) restricted in scope and freedom. The article then shifts to mapping the intersection between feminism and the postsecular condition. The main argument is that the postsecular turn challenges European feminism because it makes manifest the notion that agency, or political subjectivity, can be conveyed through and supported by religious piety, and may even involve significant amounts of spirituality. This statement also implies that political agency need not be critical in the negative sense of oppositional and thus may not be aimed solely or primarily at the production of counter-subjectivities. Subjectivity is rather a process ontology of auto-poiesis or self-styling, which involves complex and continuous negotiations with dominant norms and values, and hence also multiple forms of accountability. The double challenge of linking subjectivity to religious agency, and disengaging both from oppositional consciousness and critique defined as negativity, is one of the main issues this article wants to address. In the conclusion the article raises the issue of the affirmative power of critical theory and the kind of ethical values it may be able to engender. (shrink)

The series friends, rivals, enemies is a seemingly ‘natural’ classification for the relations of states, while the parallel series kin, neighbors, strangers functions as an informal classification system for social relations in general. That we may owe foreigners the hospitality due to strangers has become a matter of discussion among normative theorists, thanks to Kant's Perpetual Peace. Thus the conjunction of friendship and hospitality calls for a conceptual assessment. This assessment uses Aristotle's treatment of friendship (and Derrida's treatment of Aristotle's (...) ‘familial schema’) to establish three primary models of social relations (father to sons, husband to wife, brother to brother). Only ‘brothers’ (agents modeled as brothers) can be friends, rivals, or enemies. Only ‘fathers’ can be hosts who offer strangers the hospitality of the household. By the same token, only ‘fathers’ can be guests or take hostages. Such an assessment brings the conceptual concerns of two fields — international relations and political theory — closer together. In so doing, it rejects anarchy's conceptual hegemony in the field of international relations. (shrink)

The article discusses the problem of interpretation in law. Are there some criteria by which we can distinguish a good interpretation from a bad one, interpretation from over-interpretation? It is argued in this article that there is always a choice in defining the meaning of a text and this choice can be seen as an ethical one. This article thus studies the question of limits of interpretation by focusing on the ethical elements of interpretation. It is argued here that legal (...) interpretation contains a requirement of justice that shapes the responsibility that the interpreter carries for his choices of meaning. Therefore the ethical elements of interpretation are especially pressing in the interpretation of legal texts. (shrink)

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 (...) set out, and an interrelated “system” developed to relate the law of 1954 to the later responses, in order to help find a common, systematic base for Derrida’s oeuvre. The need to accommodate approaches which are wary of a systematic approach is nevertheless acknowledged, and possible ways of reconciling the diverse readings of Derrida’s intent and collaboratively furthering the formalisation of Derrida’s oeuvre for posterity are outlined in closing. Indo-Pacific Journal of Phenomenology, Volume 10, Edition 2, October 2010: 43-60. (shrink)

This article reflects on the received view of the rupture which constitutes the beginning of a critical, ethical, political and legal opening, the understanding of which inhabits the cry of, and response to, injustice. It takes the very critique that feeds into, and is distorted by, practical reasoning, as its point of departure. Grasping this rupture as the complementary relation between deconstruction and radical alterity, would entail unreflectively accepting a certain kind of truthfulness—truthfulness as [in]correctness, manifesting in a relationship that (...) involves rootless and controlling movement of making and unmaking of world. In closely reading Wittgenstein and Heidegger on the level of seeing, showing and saying, truthfulness is shown to contain an essential tension between, on the one hand, the Socratic, metaphysically-bound notion of beingness, correctness and meaning-steering and, on the other hand, the pre-Socratic notion of unconcealment (a-lethia), which, pointing even earlier than pre-Socratics into aboriginality, involves attentive letting of gliding in the inexpressible saying of language. While steering is about generating new possibilities of expressibility, gliding is about poetic dwelling, or enduring inexpressibility as a constitutive part of saying. Although aletheia is taken to be the key influence on rootless post-foundational thinking, it is argued that unconcealment involves letting and enduring the presencing inexpressibility of place and home-coming, that is, worlding-rootedness; thus showing Heidegger’s originary politics as the district of the uncanny to be about worlding that attentively lets the presencing inexpressibility of earth be as place. In reading Heidegger’s views on humanism, beginning and language, the argument links inexpressibility—essentially and historically—to the grasping of the belongingness together of world, earth and place, viewing this belongingness as key to both the saying of art and of mortals dwelling together temporally, spatially, materially in a manner always strange to, and nearer than, the steering/controlling of beingness, time, space and place that the very gesture and emergence of critique is captive of and is not capable of attuning to and capturing. Art always estranges the metaphysical cycle of correctness which preserves pain and suffering—a cycle that inhabits a double bind of responding to violence and injustice generated by the violence of metaphysics with metaphysical violence and justice. In showing essential strife within truthfulness itself, Heidegger points to even greater and earlier problematic than the pre-Socratics—to the painful core of inexpressibility between the ontology of steering time, spaces and material—steering places—and the gliding temporality, spatiality and materiality of ontology of place. (shrink)

At the beginning of Derrida's ‘Before the Law’, a reading of Kafka's story with that title, is an epigraph from Montaigne's Essays: ‘… science does likewise (and even our law, it is said, has legitimate fictions on which it bases the truth of its justice)…’. Derrida again refers to this quotation in ‘Force of Law’, asking what a ‘legitimate fiction’ might be and what it would mean to establish the basis for the truth of justice. With reference to these writings (...) on the status of narrative and the law, as well as to other texts by Derrida, this paper examines the story of the judge-penitent in Camus' The Fall and, in particular, this ironic reading of the aporetic experience of standing ‘before the law’. What does the narrative, The Fall, entail? Camus writes that the man who speaks in this text is involved in a ‘calculated confession’. How are the borders between truth and fiction, justice and the law, negotiated in this reckoning ‘before the law’? (shrink)

This article provides a critical evaluation of Ben Golder’s and Peter Fitzpatrick’s recent Foucault’s Law, which it characterizes as a decisive intervention into both legal theory and Foucault scholarship. It argues in favour of Golder’s and Fitzpatrick’s effort to affirm the multiplicity of Foucault’s work, rather than treat that work as either unified by a consistent position or broken into a series of relatively stable periods. But it also argues against Golder’s and Fitzpatrick’s analysis of Foucault’s understanding of the law (...) through a conceptual framework borrowed from Derrida, and especially Derrida’s distinction between law and justice. It shows how this approach to reading Foucault effectively transforms some of his more powerful criticisms of the law into defences of justice. In place of this interpretation, the second half of this paper initiates a reading of Foucault’s later work on ethics and the self in the ancient world. It develops the theme of an ethics, or a way of life, that takes shape at a distance from politics on the one side and law on the other. (shrink)

This paper argues for an alternative notion of spirituality for education, based on Theo de Boer’s idea of a spirituality of the desert. Rather than depicting an inner, additional region named the spiritual, spirituality here is thought of as a discourse that depicts the everyday world in a particular way. In dialogue with David Purpel’s analysis, the paper argues for a notion of spirituality that is located in an ongoing oscillation between ‘the individual’ and ‘the community.’ This oscillation turns out (...) to be the call of justice. This analysis helps understand classroom dynamics differently, providing a place of critique for current practices. (shrink)

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 (...) shortcomings in Canguilhem’s conception of organic or biological normativity as advanced in The Normal and the Pathological . Such a view of plasticity shows its potential to provide the basis for a powerful critical engagement with contemporary conceptions of selfhood, self-transformation, subjectivation, and the general theory of norms. (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)

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 (...) that the risks of autoimmunity can be negotiated in better ways if we see how autoimmunity relates to another important Derridean concept, hospitality. (shrink)

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 (...) mourning that seeks to render the lost object as present, ‘‘as if’’ it were incorporated by the subject for whom this act nevertheless remains an impossibility. As Derrida discerns within the poetry of Paul Celan, bringing a sense of presence/presentness to our experiences, and as a confirmation of the subject which the human being struggles to assert, is the poetic task par excellence. It is seemingly also, if Derrida is to be understood on this point, the only option left to a humanity wherein poetry comes to express what religious formulations can no longer justify. (shrink)

Derrida always stipulates that deconstruction is not a ‘‘method’’. But deconstruction nevertheless involves a certain strategy and protocol: terms that both designate a process and serve as an example of that process. Derrida's deployment of these terms clarifies how his analyses of logocentrism anticipate the political texts of his later career. In his early texts, Derrida famously shows how the dyad of speech and writing is a ‘‘violent hierarchy’’ in which speech is everywhere privileged. I show how, by contrast, his (...) later analysis of law and force necessarily redoubles this strategy because each of these terms is privileged in rival traditions of political thought. (shrink)

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 (...) propose that the awareness of attitude’s agency extends rather than reduces the ownership of choice of people, as it facilitates making “true decisions.”. (shrink)

Against a background of Heidegger's project of tracing the other back through the history of metaphysics, Derrida attempts to think the other as outside of identity or presencing philosophy. The other is neither present nor absent. The other is differance with an 'a'. In his important essay 'Differance', Derrida suggests that whereas difference presupposes identity, differance with an 'a' is a 'middle voice' which precedes and sets up the opposition between identity and non-identity. The soft 'a' refers to the production (...) of differences, and the 'differences between differences'. Derrida calls this preceding moment before metaphysics and before language 'the play of differ ences'. Key Words: Derrida • ethics • legal • phenomenology • semiotics. (shrink)

It is a truism that the design and deployment of information and communication technologies is vital to everyday life, the conduct of work and to social order. But how are individual, organisational and societal choices made? What might it mean to invoke a politics and an ethics of information technology design and use? This editorial paper situates these questions within the trajectory of preoccupations and approaches to the design and deployment of information technology since computerisation began in the 1940s. Focusing (...) upon the dominant concerns over the last three decades, the paper delineates an interest in design and use in relation to socio-technical theories, situated practices and actor-network theory. It is argued that each of these approaches is concerned with a particular form of politics that does not explicitly engage with ethics. In order to introduce ethics into contemporary debates about information technology, and to frame the papers in the special issue, it is argued that Levinas’ ethics is particularly valuable in problematising the relationship between politics and ethics. Levinas provides a critique of modernity’s emphasis on politics and the egocentric self. It is from a Levinasian concern with the Other and the primacy of the ethical that a general rethinking of the relationship between politics, ethics and justice in relation to information and communication technologies can be invoked. (shrink)

This paper aims to present Derrida’s reflections on Europe, which criticizes Europe’s actuality while recognizing its promise to-come. Europe in modernity has been conceptualized as sovereign heading, the only one capable of governing the world. Derrida hopes for a Europe other than a super-state, closed within its borders, and an economic alliance. He works on today’s Enlightenment, that is, on a new shape of Europe as a shoreline fit to welcome the other, following in the footsteps of Kant, who redefined (...) the right of hospitality and drafted a cosmopolitan order, but going beyond his sketch. In the global age Europe must exemplarily assume The law of hospitality as its key principle, constantly seeking to translate it into political and legal acts. (shrink)

The characterisation of Derrida’s politics as a seeking for the “lesser violence” has become an almost paradigmatic interpretation. Yet the phrase _la moindre violence_ appears only in the early essay “Violence and Metaphysics” and its meaning is not as straightforward as might initially seem. I will argue that it is a mistake to take this expression to summarise the political import of this essay let alone of deconstruction more generally. What Derrida repeatedly concerns himself on that occasion is not “the (...) lesser violence” but “worse violence” and “the worst violence,” terms that appears several times. This will be seen to be as a prefiguring of how, from the early 1980s on, following engagements with Plato and Lyotard, Derrida repeatedly names and elaborates “the worst” as that which we should seek to avoid. In order to uncover the politics of deconstruction, I will examine what Derrida has to say about “the worst” as well as what is said in the secondary literature, for it is also a term around which a number of unfortunate misinterpretations have arisen. In conclusion, it will be remarked that with the late coinage of the term _aimance_ Derrida makes clear his close proximity to the ethics of Levinas and his affirmation of an aspiration to nonviolence in the relationship with the other. (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)

In a tribute to the intellectual legacy of Peter Fitzpatrick, this article explores the poiesis of modern law, as a constitutive ambivalence distilled in the affinity between law and literature. Reading with Fitzpatrick, the resolution of the contradictions of this law in myth depends, paradoxically, upon its fundamental irresolution. Reflecting upon the profound significance of his revelation of the mythology of modern law and its scholarly reverberations, I consider the constitutive tensions of this law as exemplified in the relation between (...) praxis and poiesis, the operative function of the former dependent upon the creative unfolding of the latter. The alchemy of autopoiesis, by which law boldly proclaims itself law, is made explicit in the eschatology of its archive and the formation of its sovereign subject in negation. Revealing the literary dimensions of this law, the conceit of autonomy is nonetheless subject to the subversive substitutions of the supplement. Pressing yet further, the autopoiesis of law is found to be enfolded within a generative sympoiesis, constituted by the movement between its apposite dimensions. Ultimately, extending Fitzpatrick’s rendering of the irresolution of modern law as decolonial, I explore the possibilities afforded by a reading of the fundamental mutuality of myths, and the decolonial conviviality of poiesis. (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)

The relationship between national languages and schooling is a recurring theme in Derrida’s writings on education, playing an important role in the challenge he mounts to traditional understandings of the French State’s involvement in the teaching of philosophy. In this essay, I follow this thread of thinking across several of Derrida’s texts, paying specific attention to his diagnoses of positions arguing for a universal philosophical language on the one hand, and those elevating French as the proper language of philosophy on (...) the other. I demonstrate how, against these positions, an alternative understanding of relation between language and philosophical education starts to emerge in Derrida’s work, one in which translation is a key element. (shrink)

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 (...) and a principle that nobody, including the AOM President, could represent personal views as those of the organization. Within a few weeks, the AOM Constitution was changed, and in October, 2017, the AOM joined other associations in issuing a condemnation. An article was published in this journal on this situation that was subsequently amended through a published Correction, but the Correction only partially addressed the problems in the original. The main contribution of this commentary is to take up the invitation in Tsoukas to examine the case for insights on theoretical and conceptual questions raised in the literature on prototypicality and moral imagination. It also briefly outlines the most significant omitted errors of fact in Tsoukas that were not corrected in Tsoukas, and describes the most important methodological problems in Tsoukas. The conclusion suggests that the complex, nuanced, and evolving interactions that unfolded at the AOM are not fully addressed theoretically or conceptually in this literature. (shrink)

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 (...) in theories of colonial discourse and of legal positivism. As such, it reads H.L.A. Hart’s, The Concept of Law and instances from the colonial archive against one another. (shrink)

In March 2011 Jean-Luc Nancy published an article entitled ‘What the Arab Peoples Signify to Us’ in the Libération newspaper. The article supported the NATO-led military intervention in Libya that followed the anti-government protests of 15–16 February 2011. It is in the name of ‘political responsibility’ that Nancy makes his intervention. I want to explore the question of ‘political responsibility’ in light of Nancy’s work, and his Libération article in particular. I do this by first assessing one of the distinguishing (...) features of the uprising in Libya: the emergence of the National Transitional Council. By setting Nancy’s response against Derrida’s work on spectrality and his critique of the founding declaration we can more clearly appreciate the scope that Nancy’s account of responsibility entails. I suggest that Derrida’s logics of spectrality help not only critique Nancy’s response but also understand the conditions that make his account of political responsibility possible. (shrink)

Reflecting on the Occupy movement, particularly Occupy Wall Street, this article begins by addressing two major questions: how are social movements understood by legal academics; and how do social movements engage with law? Our aim is to present an alternative frame to understanding law and social movements. We draw on the work of Jean-Luc Nancy to explore law as both present and constituted in the coming together of persons in common which occurs in social movements. While the Occupy movement does (...) engage with a form of law that is legislated and enacted through the government and legal system of a nation-state, the movement also forms and enacts law as part of its own processes. In this article we shift perspectives and attempt to think law within social movements. This involves a critical reading of some dominant approaches that explore social movements and law. Rather than situate our discussion within boundaries that seek to identify what is inside or outside a law and legal system that is determined and enforced by a nation-state, our discussion of law involves a re-thinking of law. This law is part of a constant negotiation and it is involved in the dynamic processes of movements. Law involves establishing a limit and tracing this limit, but this limit is un-working itself as soon as it is constituted. The Occupy movements live law by existing not outside the law, but by rethinking the role and function of law in the movement and processes of community. (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)

This article is about time. It is about time, or more precisely, about the absence of time in law’s digital future. It is also about time travelling and the seemingly ever-popular BBC science fiction television series Doctor Who. Further, it is about law’s timefullness; about law’s pictorial past and the ‘visual baroque’ of its chronological fused future. Ultimately, it is about a time paradox of seeing time run to a time when time runs ‘No More!’ This ‘timey-wimey’ article is in (...) three parts. The first part looks to a hazy remembered past of the legal emblem tradition as presented in Peter Goodrich’s Legal Emblems and the Art of Law to learn visual literacy and also to glimpse the essential elements of modern legality with authority, decision and violence. The second part maps how these images and icons of modern legality are manifest in the Doctor Who fiftieth year anniversary special ‘The Day of the Doctor.’ The third stage looks beyond these first order meanings to understand the chronological chaos of ‘The Day of the Doctor.’ The technicity of the image as a portal through time and space that the narrative revolves around charts the implications for the digital end of time for law. (shrink)

In this paper I argue that we need to analyze ‘religious violence’ in the ‘post-secular context’ in a twofold way: rather than simply viewing it in terms of mere irrationality, senselessness, atavism, or monstrosity – terms which, as we witness today on an immense scale, are strongly endorsed by the contemporary theater of cruelty committed in the name of religion – we also need to understand it in terms of an ‘originary supplement’ of ‘disengaged reason’. In order to confront its (...) specificity beyond traditional explanations of violence, I propose an integrated phenomenological account of religion that traces the phenomenality of religion in terms of a correlation between the originary givenness of transcendence and capable man’s creative capacities to respond to it. Following Ricœur, I discuss ‘religious violence’ in terms of a monopolizing appropriation of the originary source of givenness that conflates man’s freedom to poetically respond to the appeal of the foundational with the surreptitiously claimed sovereignty to make it happen in a practical transfiguration of the everyday. (shrink)

This paper assumes that the purpose of ethics is to open up a space for the possibility of moral conduct in the flow of everyday life. If this is the case then we can legitimately ask: "How then do we do ethics"? To attempt an answer to this important question, the paper presents some suggestions from the work of Emmanuel Levinas and Jacques Derrida. With Levinas, it is argued that ethics happens in the singularity of the face of the Other (...) before me "here and now". Ethics matters in my everyday contact with the Other that disturbs my egological existence and claims my response. But what about all other Others, not here now but nevertheless simultaneously already present? What about their equal claim on me? With Levinas and Derrida, the paper attempts to articulate the notion of singular justice as the simultaneous demand of all others requiring my response. In singular justice, the paper attempts to show how the demands of ethics (the singular) and the demands of justice (all other Others) can become the impossible possibility for a "justice where there is no distinction between those close and those far off, but in which there also remains the impossibility of passing by the closest". Furthermore, the paper attempts to argue that singular justice is our calling - or more precisely my calling - to do the right thing, here and now. Finally, by way of explication, the paper discusses a case of software piracy to try to show how singular justice can help us not to think about ethics, which is important, but to (almost) do it - which is very important. (shrink)

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)

The practice of terminating a pregnancy following the diagnosis of a fetal abnormality raises questions about notions of bodily normality and the ways these shape ethical decision-making. This is particularly the case with terminations done on the basis of ostensibly minor morphological anomalies, such as cleft lip and isolated malformations of the limbs or digits. In this paper, I examine a recent case of selective termination after a morphology ultrasound scan revealed the fetus to be missing a hand . Using (...) the work of Georges Canguilhem, I show that a person with acheiria could be considered normal. Further, I show that this case reveals a kind of “undecidability” in the significance of fetal sex/gender and disability in termination. From this, I consider the conceptual interaction of disability with sex/gender, to argue that the ethics of disability termination are not as distinct from those of sex/gender selection as is commonly supposed. (shrink)

In contemporary discourses on cosmo-political hospitality, contributions of Derrida, and especially of Levinas, have special significance on account of the vision, scale and relevance of their discussions on the theme, in the context of an increasingly globalizing international scene, and the consequent global encounter with diversity. The article strives to read the Indian hospitality tradition and ethos, articulated in several of India's culturally significant texts, and available in some way as a cultural practice even to this day (propped up by (...) a heritage of tolerance and acceptance of difference, which, however, has not necessarily translated into egalitarian social structures), through the lenses of cosmo-political hospitality, found in the writings of Levinas and Derrida, as openness to the other, irrespective of social labels imposed on her/him. Although homely, ritualistic and hierarchical, Indian hospitality was always universalistic in intent. The article argues that an attempt to recapture the core of the Indian ethos of hospitality, should take into account this universalistic intent, revisited as genuine openness to the other person, in the light of contemporary concerns raised by Levinas and Derrida, and fully awake to India's and the world's transformed context. (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)

The theme of the ‘deconstruction of Christianity’, which was selected for this special issue of Derrida Today, is one that arises not from the work of Derrida himself in the first instance but instead from that of Jean-L Nancy. Not only is this so but Derrida's ([2000] 2005) own view of the notion of the ‘deconstruction of Christianity’ seems, on the evidence available, to be at least open to quite a bit of interpretation given the ambiguous nature of some of (...) his comments on the question. Given this is so it might not be thought at all obvious why this theme should be selected for a special issue of Derrida Today and in this introduction I want to address both this possible disquiet and also provide some background to the arrival of concern with this topic. (shrink)

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.

This paper concerns the issue of the continual arrival of irregular immigrants in Malta and the problems that ensue. The view generally held is that we need to respond to the needs of irregular immigrants by providing services. However, with reference to some of Jacques Derrida's ideas, I argue in this paper that the other /immigrant is not there for us to respond to by creating services to cater for her needs. Through the presence of the irregular immigrant, we are (...) made to question who we are, and are faced with our own vulnerability. We become 'other' to ourselves. This paper uses Derrida's ideas of tensions, trembling, borders and limited and unlimited hospitality, to lay the way for some suggestions of how the education of children can be influenced. In a time when educational discourse rotates around performativity, this paper suggests that space should be made in education for astonishment, surprise and enigmatic experience. (shrink)

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 (...) writes The Gift of Death not as an attempt to re-present Kierkegaard's Abraham either rightly or wrongly but as an effort to do with Kierkegaard's Abraham what is possible with his thought in a broadly Levinasian/Derridean framework. That the reading he provides of the Abraham story would not be recognizable to Kierkegaard is not the principal point of Derrida's effort; his aim is to demonstrate that Levinas should not have been so hasty to dismiss Kierkegaard but could have recovered his interpretation of Abraham for purposes that Derrida and Levinas both share. (shrink)

This essay examines one aspect of the wide-ranging philosophical background of the intellectual and dissident movement for human rights in one-time communist Czechoslovakia. I shall meditate on Jan Patočka 's finite responsibility, Derrida's aporetic emphasis on the infinite dimension of responsibility, and Lévinasian-Dostoyevskyan ethico-existential variations on in/finite responsibility. Havel alludes to hyperbolic ethics in a parenthetical remark on the birth of "Charta 77", the Manifesto for Human Rights in Czechoslovakia. The question before us is this: which dimension of responsibility appears (...) at this birth or, to put it otherwise, what responsibility is born in care for the soul and polis? (shrink)

Through her silencing thesis, Langton has contributed to the study of epistemic injustice by highlighting a possible cause of such a phenomenon: She asserts that the pornographic representation of sexual relationships affects the felicity conditions of speech uttered by women, so this speech is not understood as an illocution by men. This fact arguably undermines women’s credibility, since their testimony is not even registered in men’s testimonial sensibility. However, this thesis entails problematic consequences from at least two standpoints. From a (...) theoretical perspective, it enacts a circularity when it comes to the empirical individuation of the subordinative effects of pornography. I will point out that this problem arises from Langton’s substantive conception of power, i.e. from her notion of authority as an attribute which can be ascribed to preexisting subjects. From a political perspective, such conception of power allows Langton to performatively rank women as credible when testifying sexual violence, but it also leads her to silencing alternative political strategies, e.g. the ones proposed by Butler. Hence, I propose to consider this form of silencing as a specific kind of epistemic injustice, one that neutralises the performative value of political discourses. (shrink)

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 (...) of the Romanian magistrates. The principle of cooperation reasserted also as the Cooperation and Verification Mechanism is the main obligation and it implies compliance with agreements and action to obtain certain effects. (shrink)

Fitzpatrick’s writing on international law did not constitute the main focus of his oeuvre. However, the determinate-responsive nature of law that characterised so much of his work did extend to an analysis of the generative force of international law. This article picks up on commentary from Modernism and the Grounds of Law (2001) and ‘Latin Roots’ (2010), among other contributions, to test this generative force of international law, which Fitzpatrick identifies as a necessary affirmation of the movement between the ‘determinate (...) but not ultimately determinate’ sovereignty of a singular nation state and the ‘illimitably responsive but not ultimately responsive’ force of the community (Fitzpatrick 2010, p. 46). We test Fitzpatrick’s view of international law through two examples of un-recognised states and the mechanism of non/recognition utilised by the international legal community to determine what constitutes a singular nation-state for participation in the community of international law. Our two case studies, North Cyprus and Crimea, illuminate the continuing relevance of Fitzpatrick’s schema. Through non/recognition, ‘states’ that are included-as-excluded participate in the ongoing affirmation of an international legal ‘community’, a community that continues to be constituted through the affirmation of imperial power. (shrink)

In this article, I argue that Peter Fitzpatrick provides a unique contribution to international studies, most especially to contemporary interdisciplinary studies of International Law (IL) and International Relations (IR). Peter provides a significant theoretical contribution to the interdisciplinary study of IL and IR not only as a critical thinker of modern law, but also as a critical thinker of the modern international. On the one hand, his supplementary critical legal thinking contributes to a ‘decolonial deconstructionist’ rethinking of the politics of (...) international law. His close reading of how modern international law (auto)grounds ‘itself’, for instance, offers a strident critique of the racist, imperial, and colonial lines of discrimination involved in the negative (auto)constitution of this (supposedly) universal legal being. On the other hand, he provides a conception of the ‘(inter)national’ which displaces conventional, modern understandings of the legal and political organization of ‘humanity’ and ‘the world’, problematizing their foundational assumptions and spatialized geometrical frames as being based on oppositional dualisms (‘inside/outside’, ‘national/international’, ‘empire/modernity’, ‘theological/secular’, etc.), while offering a deconstructionist engagement with the ‘constitutive outside’ of the modern (inter)national. As a form of postcolonial counter-archive, Peter’s work enacts a decolonial deconstruction of ‘our’ (inter)national ‘selves’, including the (inter)national commonality ‘itself’. Before an incalculable, quasi-ontological heteronomy, a dissymmetrical Law of originary sociability which I (re)articulate here with/as the ‘and’ of the world(s), Peter’s supplementary critical thinking of the (inter)national contributes to imagining the world, humanity, and our social being(s), including law and language, otherwise. (shrink)

This article contributes to conversations on hospitality in educational settings, with a focus on higher education and the online context. We integrate Derrida’s ethics of hospitality framework with a focus on practices of hospitality, including its affective and material, embodied dimension. This article offers empirical examples of practices of what we termed ‘virtual academic hospitality’: during a series of online collaborative and cross borders workshops with teachers of English based in the Gaza Strip, we performed academic hospitality through virtual convivial (...) rituals and the sharing of virtual gifts, which are illustrated here. We propose a revision of the concept of academic hospitality arguing that: firstly, academic hospitality is not limited to intellectual conversations; secondly, that the relationship between hospitality and mobility needs to be revised, since hospitality mediated by the technological medium can be performed, and technology may even stretch hospitality towards the unreachable ‘unconditional hospitality’ theorised by Derrida ; and thirdly, that indigenous epistemics, with their focus on the affective, may offer alternative understandings of conviviality within the academy. These points may contribute to the collective development of a new paradigmatic understanding of hospitality, one which integrates Western and indigenous traditions of hospitality, and which includes the online environment. (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)