Judith Butler’s meditations on precarity have received considerable attention in recent years. This article proposes that an undertheorized strain of her argument offers productive resources for theorizing violence. The question extends beyond material acts, to ask how certain groups are rendered eligible for heightened, regularized violence – and, by extension, how liberal subjects are rendered complicit with policies at odds with their universalist commitments. At stake is a politics of sensibility that complicates and enriches juridico-institutionalist models. That said, when Butler’s (...) account is brought to bear on a wider range of cases, it encounters a set of questions it is not prepared to answer on its own terms. Accordingly, I propose some directions the argument would need to be expanded to do justice to its own normative intuitions. (shrink)

This article provides a critical analysis of the manner in which prostitution and trafficking for the purposes of sexual exploitation was ‘framed’ by official discourses in order to support the reforms in England and Wales contained within the Policing and Crime Act 2009. Drawing upon the recent work of Judith Butler, emphasis will be placed on how the schema of the vulnerable prostitute was fundamental to invoking emotional affects, which justified certain political effects, especially the move towards criminalising the purchase (...) of sexual services. However, on closer analysis the article will uncover an agenda influenced by law and order/morality, immigration and a ‘fear of the enemy’. Furthermore, it will be argued that New Labour’s framing of the problematic enabled the State to avoid dealing with the more difficult, but more urgent, issues of the differential distribution of wealth, precarity and the engendering of an ethical and global responsibility for the other. (shrink)

The question of Judith Butler's ‘politics’ and their normative justification has been raised by critics and supporters alike for some time. The number of recent texts dedicated to this topic suggests that it remains an unresolved and still pressing question. I argue that in order to identify and evaluate the political implications of Butler's work, we must first recognize the relationship and distinction between four vectors of her thinking: her diagnosis of the human condition, her expression of specific normative aspirations, (...) her defense of a distinct ethical comportment and finally her theory of political engagement. I conclude that Butler implicitly counsels the cultivation of certain ethical dispositions, including generosity, humility, patience and restraint, as part of a practice of preparing to engage in a kind of politics that breaks radically with the mastery- and sovereignty-seeking variety all too familiar to us in contemporary times. (shrink)

Schmitt insists that the sovereign decision is unavoidable, that even an anarchist is caught in the trap of sovereignty when he tries to ‘decide against decision’. This article begins to think about a critical legal vocabulary that might suspend the necessity of the will to constitute, while emphasising the creativity of the constituent moment. The terms inoperativity, dis-enclosure and dissensus are developed and deployed in order to think about certain aspects of the Tunisian revolution. In particular, the article focuses upon (...) the refusal of the state of the situation, the subtraction of loyalty and the insistence of a form of life beyond Ben Ali’s sovereign order. (shrink)

This article centres on the legal recognition of same-sex marriage with a view to exploring the issue of unspeakability; that is, the condition whereby some questions cannot be articulated because of a lack of words. More specifically, the article will explore what happens to those social practices that are not given legal speakability and thereby legal recognition/protection. To this end, I first focus on how words are produced in the sphere of everyday life and their dependence on the existence of (...) a widespread normality. I then discuss how the law sees to the preservation and the reproduction of normality by providing a set of categories which are made available to law-abiders to settle disputes when they arise. In doing so, I elucidate the twofold role played by law as both a selective and a creative device. To cast some light on the particular way law operates, I discuss an important decision by the Italian Constitutional Court in 2010, which provides a telling example of how legal officials are able to seal off the set of legal categories and to leave some issues in the sphere of the unspeakable. I then unearth a paradox: while unspeakability reveals a condition of powerlessness, the acquisition of speakability could bring about even harsher exclusionary effects. I conclude by arguing that the entry into the sphere of official law is always a Janus-faced achievement, but can play as an effective instrument of critique. (shrink)

Si en Gender Trouble Butler presentaba una propuesta de la teoría de la performatividad de los actos de habla aplicada a la construcción del género, en su último libro, Notes towards a Performative Theory of Assembly, articula una teoría de la performatividad aplicada a la acción colectiva de minorías o poblaciones que son estimadas como “desechables”. El interés de la propuesta que presentamos es analizar cómo la teoría de la performatividad de género se ha ido ampliando a las formas de (...) acción democrática; pasando así de ser una explicación centrada en las posibilidades identitarias de género a explicar las posibilidades para una vida vivible. Es lo que aquí llamamos la ampliación de la performatividad, del caso especial de género al caso general de una vida vivible. (shrink)

While the turn to vulnerability in law responds to a recurrent critique by feminist scholars on the disembodiment of legal personhood, this article suggests that the mobilization of vulnerability in the criminal courts does not necessarily offer female drug mules a direct path to justice. Through an analysis of sentencing appeals of female drug mules in England and Wales, this article presents a feminist critique of the dispositif of the person and its relation to vulnerability. Discourses on drug mules’ vulnerability (...) mobilize the trope of the colonial victim in need of protection, which is often translated into legal mercy. But mercy is rather an expression of biopower which inscribes not only fragility onto the bodies of drug mules by figuring them as exemplar paradigms of colonial subjectivity, but also reinvigorates the dispositif of gender implicit in the legal person. In this set-up, it would appear as if law and politics totalize the registers of life, in this case the contours of vulnerable body. The article suggests we must revisit the image of the wounded body in order to carve out a space for resistance. Drawing on Elaine Scarry and Judith Butler, it suggests vulnerable bodies are marked by a semiotic openness, which renders them subject to appropriation but also able to signify the precarity produced by the law through their resistance to representation. (shrink)

The concept of non-discrimination has been central in the feminist challenge to gendered violence within international human rights law. This article critically explores non-discrimination and the challenge it seeks to pose to gendered violence through the work of Judith Butler. Drawing upon Butler’s critique of heteronormative sex/gender, the article utilises an understanding of gendered violence as effected by the restrictive scripts of sex/gender within heteronormativity to illustrate how the development of non-discrimination within international human rights law renders it ineffective to (...) challenge gendered violence due to its own commitments to binarised and asymmetrical sex/gender. However, the article also seeks to encourage a reworking of non-discrimination beyond the heteronormative sex binary through employing Butler’s concept of cultural translation. Analysis via the lens of cultural translation reveals the fluidity of non-discrimination as a universal concept and offers new possibilities for feminist engagement with universal human rights. (shrink)

For good reasons we often think about ethics and strategy as two opposing categories. But as surfaces in which we see social practices reflected, as abstract planes in which social consciousness resides and which subjectivities reinvent, they share some deep and perhaps uncomfortable similarities. In this paper, we question whether they are irreconcilable categories and, through a discussion of the paradoxes of strategy and the antinomies of ethics, we examine their fraught relationship in current economic responses to the crisis. First, (...) we outline the discursive topographies of strategy and ethics in respect to their abstract relations, and examine their integument in business ethics and strategy in context. Then, we show how there cannot be a simple coexistence of these two categories in organisational practice: one must in fact be subordinate to the other, although this subordination can produce the persistence of the other, even in its negation. Finally, we conclude that the asymmetrical nature of ethics and strategy entails that whereas ethics can immanently give rise to strategy, strategic questions on their own can only produce anti-systemic ethical responses. (shrink)

Judith Butler draws on Emmanuel Levinas’ ethics in order to question processes of humanization and dehumanization taking place through various practices of representation of the face of the other. This is a singular reading leading Levinas’ work to the field of media representations conceived as an agonistic social landscape where the demand of the face is offered or, on the contrary, hidden from us. In that sense, Butler’s cultural transposition of Levinasian ethics entails a politicization of ethics which is indistinguishable, (...) at the end, from an ethic assault to the politics of representation. In this cultural bond among ethics and politics arise fundamental questions on responsibility linking it to the practice of cultural translation while offering alternatives to some common universalist shortcuts of contemporary ethical reflection.Keywords: Cultural translation, ethical responsibility, ethics of alterity. (shrink)

This paper attempts to explore the effects of the political developments that followed the financial crisis of 2008, particularly after the uprisings of 2011, on the field of philosophy and more specifically on philosophical practice. Philosophical practice concerns not only methodology and forms of argumentation but also and mainly the dispositive of the philosopher him/herself, that is the place he/she occupies and from which h/she speaks. Drawing from Gramsci’s and Althusser’s reading of Machiavelli an argument is developed according to which (...) certain conjunctures produce the possibility of a void both at the political and the philosophical level; a void which can disrupt the normal reproduction of political relations of power and of the dominant philosophical discourse. The task of materialist philosophy, which in those circumstances becomes even more urgent, is not to devote itself in securing the piece on the field of the philosophical and political battle but in contrast to point out the possibility of the emergence of the void and articulate philosophical positions aimed to intensify the rupture and thus to produce effects tending to realise the possibility of radical change. (shrink)