The physis and nomos controversy first emerged in ancient Greek thought. This article explores Castoriadis' reactivation of the issues concerned; in particular, his radicalization of Aristotle's conception of physis and nomos. It suggests that nomos appears as multifaceted in his work. However, three key variations may be identified: empirical nomos, normative nomos and generic nomos. Empirical nomos signifies the human creation of laws. It challenges the notion, long held in western philosophy, that Being = being determined. Although all laws are (...) by humans created and thus in one sense autonomous, Castoriadis further distinguishes normatively between those societies which embrace their self-creating and self-transformative capacity and those which obscure it. Normative nomos, then, refers to the autonomous or heteronomous institution of society. The third sense of nomos refers to the creation of form. In this generic sense, it is argued that the debate shifts from the human to the non-human realm; that nomos also manifests itself in the realm of physis. (shrink)

This article critically engages with Castoriadis’s elucidation of autonomy. It does so by taking into account the implications of Castoriadis’s enduring interest in the ecological devastation of the natural world, on the one hand, and the changing configuration of his philosophical anthropology, on the other—especially in regard to his reconsideration of the creativity of nature in the 1980s and the reconfiguration of the nomos and physis problematic. It contextualizes these movements in his thought within a broader hermeneutic of modernity that, (...) following Johann Arnason, emphasizes the cultural currents of both Romanticism and the Enlightenment as constitutive of modernity as a field of tensions. In an extension of Arnason’s elaboration, however, the present article argues that a latent opening towards an ecological worldhood is implicit to Castoriadis’s hermeneutic of modernity that, conversely, also finds Castoriadis at the limits of autonomy. (shrink)

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...) will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)