This paper will address the question of the morality of technology. I believe this is an important question for our contemporary society in which technology, especially information technology, is increasingly becoming the default mode of social ordering. I want to suggest that the conventional manner of conceptualising the morality of technology is inadequate – even dangerous. The conventional view of technology is that technology represents technical means to achieve social ends. Thus, the moral problem of technology, from this perspective, is (...) the way in which the given technical means are applied to particular (good or bad) social ends. In opposition to this I want to suggest that the assumed separation, of this approach, between technical means and social ends are inappropriate. It only serves to hide the most important political and ethical dimensions of technology. I want to suggest that the morality of technology is much more embedded and implicit than such a view would suggest. In order to critique this approach I will draw on phenomenology and the more recent work of Bruno Latour. With these intellectual resources in mind I will propose disclosive ethics as a way to make the morality of technology visible. I will give a brief account of this approach and show how it might guide our␣understanding of the ethics and politics of technology by considering two examples of contemporary information technology: search engines and plagiarism detection systems. (shrink)

The moral philosophy of Levinas offers a stark prospectus of impossibility for corporate ethics. It differs from most traditional ethical theories in that, for Levinas, the ethical develops in a personal meeting of one with the Other, rather than residing in some internal deliberation of the moral subject. Levinasian ethics emphasises an infinite personal responsibility arising for each of us in the face of the Other and in the presence of the Third. It stresses the imperious demand we experience to (...) be open to, prepared for and impassioned with that which we may not know, or recognise, about ourselves or about the Other. Such a demand transcends our intellectual and/or rational potential; it involves us in a carnal and somatic bodily experience of otherness. If we are to speak of Levinasian ethics in a business context, it cannot be a matter of corporate ethics but only a matter of individual managerial ethics. What such an ethics would be like is yet to be outlined. This paper proposes a series of questions and suggestions that will explicate some key terms of a practice organised around a Levinasian vocabulary of otherness, responsibility, proximity, diachrony and justice. (shrink)

Set principally in or around Seraing, an industrial region in decline just outside of Liège, in Belgium, the films of Jean-Luc and Pierre Dardenne marry geographical and historical-social realism with a series of ethical inquiries into such topics as immigration, unemployment, black market trading and petty crime. To date, critical commentary on the films has tended mainly to read the work of the Dardennes along two lines. The dominant approach uses the work of Emmanuel Levinas as a philosophical touchpoint in (...) order to illuminate the ethical dimension of the Dardenne brothers' films. The second considers the political dimensions of their films. However a third, related body of writing has emerged in later years, one which understands in terms of their relation to what Jürgen Habermas (2006), amongst others, has dubbed the postsecular age. This article locates the Dardennes' films at the intersection between the ethical, the political, and the postsecular, looking to the theologically-inflected philosophy of Gillian Rose to make the case that Seraing serves as the model of what Rose refers to as “the third city” – a postsecular site which challenges easy divisions between politics and ethics. As such Seraing is not, I shall argue, a mere staging post for the moral, political and spiritual problems posed by the films, but its cradle. Paying particular attention to the Dardennes' film Two Days, One Night (Deux Jours, Une Nuit, 2014) I demonstrate what an engagement that turns on existence with and within the city – an engagement that is both political and ethical – might look like. (shrink)

The certification-based Fair Trade initiative has been steadily growing during the last two decades. While many scholars have analyzed its main characteristics and developments, only a few have assessed it against a concept of justice. And those exceptional cases have only focused on distributive justice, proving unable to grasp the important ethical elements that Fair Trade integrates in its project. In reaction to this, this article intends to critically examine what the Fair Trade movement proposes to be ‘fair’ by resorting (...) to the thought of the French philosopher Emmanuel Lévinas. To accomplish this goal, a new understanding of his conception of justice is presented, one that seeks to overcome the limitations that the two most common interpretations in the literature suffer. The idea of Lévinas’ ‘dialectics of justice’ is used to discuss Fair Trade’s relation of alterity, its appropriation of the notion of ‘face’ and its commitment to and responsibility for marginalized producers and workers. This analysis shows that Fair Trade operates with what could be described as a fetishized understanding of Levinasian ethics that justifies a deeply unjust praxis. (shrink)

Social contract theories serve a twofold purpose: by addressing acute crises, they elaborate solutions to long-standing social paradoxes. The article reinterprets the stakes of the Covid pandemic from this perspective. Firstly, the long-lasting structural paradoxes of late modernity are linked to the acute crisis of the pandemic with the help of critical theories of late modernity. It is argued that the pandemic provides opportunity for revaluating those social contracts, which are based on universalist principles of justice. Secondly, two paradigmatic historical (...) examples (Hobbes, Rawls) are overviewed in a meta-theoretical fashion, so that the dimensions of revaluation could be highlighted. Thirdly, the foundations of a post-pandemic social contract are outlined. As the pandemic is inseparable from the structural paradoxes caused by unconstrained systems based on universal principles of justice, the post-pandemic social contract aims at preventing the system paradoxes by revaluating their universal principles in a ‘trial of particularity’ (Derrida, Levinas). (shrink)

Social contract theories serve a twofold purpose: by addressing acute crises, they elaborate solutions to long-standing social paradoxes. The article reinterprets the stakes of the Covid pandemic from this perspective. Firstly, the long-lasting structural paradoxes of late modernity are linked to the acute crisis of the pandemic with the help of critical theories of late modernity. It is argued that the pandemic provides opportunity for revaluating those social contracts, which are based on universalist principles of justice. Secondly, two paradigmatic historical (...) examples (Hobbes, Rawls) are overviewed in a meta-theoretical fashion, so that the dimensions of revaluation could be highlighted. Thirdly, the foundations of a post-pandemic social contract are outlined. As the pandemic is inseparable from the structural paradoxes caused by unconstrained systems based on universal principles of justice, the post-pandemic social contract aims at preventing the system paradoxes by revaluating their universal principles in a ‘trial of particularity’ (Derrida, Levinas). (shrink)

Summary A provocative examination of the consequences of Levinas’s and Adorno’s thought for contemporary ethics and political philosophy. This book sets up a dialogue between Emmanuel Levinas and Theodor W. Adorno, using their thought to address contemporary environmental and social-political situations. Eric S. Nelson explores the “non-identity thinking” of Adorno and the “ethics of the Other” of Levinas with regard to three areas of concern: the ethical position of nature and “inhuman” material others such as environments and animals; the bonds (...) and tensions between ethics and religion and the formation of the self through the dynamic of violence and liberation expressed in religious discourses; and the problematic uses and limitations of liberal and republican discourses of equality, liberty, tolerance, and their presupposition of the private individual self and autonomous subject. Thinking with and beyond Levinas and Adorno, this work examines the possibility of an anarchic hospitality and solidarity between material others and sensuous embodied life. “This is an extremely impressive, original, and thorough treatment of two key twentieth-century thinkers and their applicability to the most pressing social and political issues of our time.” — Jeffrey A. Bernstein, author of Leo Strauss on the Borders of Judaism, Philosophy, and History “This book is an excellent and timely contribution to political and environmental philosophy, located around a nuanced historical and philosophical approach to Levinas and Adorno. It will be of great interest to anyone concerned with these figures or with the current moment.” — Martin Shuster, author of Autonomy after Auschwitz: Adorno, German Idealism, and Modernity. (shrink)

The paper offers a critical interrogation of the politics of hope in relation to suffering in the world. It begins with a critique of the assumptions and aspirations of ‘philosophies of hope’ that assume a Levinasian responsibility for the suffering-Other. Such approaches to thinking hope reveal an underlying coloniality of ontology, of totality/exteriority, which defines Being and Non-Being, presence and absence, in totality. Consistent with past colonial rationalities, the logics of salvation and rescue define, still, these contemporary envisionings of the (...) ‘white man’s burden’ in relation to the suffering Other. A decolonial ontology of Exteriority, of an incommensurable radical Other-Being against Totality, is instead presented. The focus here shifts from the passive suffering-Other that is the object of rescue, to the Radical Other that is the author of encounter. By returning Exteriority to theory and by opening up theory’s locations of enunciation, the implications of responsibility, in thinking hope, become open also to interrogation and vulnerable to unsatisfactory conclusions. (shrink)

For both Levinas and Løgstrup, the moral encounter is characterized by an asymmetrical prioritization of the other over the self. Some take Løgstrup’s account to be an improvement on Levinas’s, however, insofar as it appears to both foreswear the hyperbole of the latter’s view and ground the ethical claim in the natural conditions of human life. This paper argues, in contrast, that Løgstrup’s own account is equally hyperbolic in its characterization of the self as fundamentally evil, and that his attempt (...) to ground the ethical demand in structures of ‘life’ raises serious difficulties. I will argue that Levinas’s stronger commitment to phenomenology both rules out the problematic metaphysical claims on which Løgstrup’s ontological ethics depends and helps explain the methodological function of Levinas’s own hyperbole. Unlike Løgstrup, Levinas insists that the challenge is not eradicating the claims of the self, but rather resisting its pretention to a global normative priority. In making this case I refute the argument that Levinas, unlike Løgstrup, is committed to a ‘command’ view of morality—whereby it is the other person’s authoritative status that underwrites the moral force of the claim, not the content of the claim itself. But on Levinas’s view, ‘demand’ and ‘command’ accounts merge in his understanding of the face-to-face encounter because responding to the content of the demand—that I treat the other’s claim as reason-giving— just is to see the other person as an authority capable of making legitimate claims on me. (shrink)

Recent work by emerging “vulnerability theorists” has imbued the concept of vulnerability with new meaning that promises novel theoretical and social insights; however, these insights remain threatened by the innate ambiguity of the notion of vulnerability. The negative connotation of this term, namely the propensity to experience wounding, pain and marginalization, coexists with its positive connotation of an openness to love, care and the creation of solidarity. In this paper, we argue that this ambiguity calls for a clarification in order (...) for the newly established positivity to be properly channeled to imagining new forms of inter-human relations. Specifically, we adopt the phenomenological lens of “exposedness,” drawn from Emmanuel Levinas, placing the notion of vulnerability at the horizon of the relatedness and dynamics among the triad of the “I,” the other, and the third. My vulnerability to the other as an exposedness to excessive responsibility is the pre-original signifyingness of inter-human relations, that is, as “for the other” before “for oneself.” The vulnerability of the other in the form of the relation of Eros will be differentiated from the vulnerability of the other as immediacy. The vulnerability of the third will be discussed from a socio-political perspective, where we will engage with Martha Fineman’s idea of universal vulnerability as a tool for social-political criticism, and further show how a Levinasian perspective on the third can address potential problems with Fineman’s proposals. (shrink)

This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...) of retrieval. Law, as an artifact, seeks its origins in human action, but this often yields a static view of legal discourse as the retrieval of pivotal moments. Bergson, by contrast, shows us that past and present influence each other dynamically, giving rise to an integrated whole. The article concludes by exploring the potential for law to transcend the structure of memory. We argue that even beyond the limits of memory legal reasoning encounters a kind of residue left by the ethical foundations of law. Law searches vainly for the past, but what it finds is itself. (shrink)

Emmanuel Lévinas’s Figure of the Third This text aims to describe and analyse a figure of the third used by Emmanuel Lévinas in the three phases of the evolution of his concept. I interpret the term included in the title on an anthropological ground by analysing the transformations of terms: il y a and illeite, which I define as the third. On a social level, I explore the terms used by the French philosopher: troisieme homme and le tiers, defining them (...) collectively as the third party. The basic thesis argued in the paper is the claim, absent in the Polish-language source literature, that Lévinas is most of all a philosopher of the third. I claim that the figure of the third is the starting point of the formation of subjectivity, defines the evolution of concepts and conditions metaphysics. On the socio-political level, the third defines the positive justification of society, influences the reformulation of the question of responsibility, and through this, in Otherwise than Being or Beyond Essence, makes it possible to formulate an answer to the doubts related to the unlimited responsibility for the other versus the question of violence in the context of the ethical relation. I also propose a different interpretation from the popular one of the evolution of the concept as a search for a positive justification of social relations. (shrink)

In the following paper, I connect Levinas’s notions of il y a and hypostasis to nature as alterity via Sallis’s interpretation of nature in its return. I interpret Levinas’s idea of the elemental as an unpossessable milieu, an excess with indirect traces, indicating alterity, something strange. I then turn to Levinas’s idea of the ruin of representation to argue for a contextual reversal in which meaning arises from the non-human other. This reversal uncovers the possibility of understanding non-human things as (...) existents, sites where nature in its return reveals the need for respect of the other—an ethical Sinngebung. (shrink)

Emmanuel Levinas is variously used to provide a conceptualization of ethics from which to deduce an ethical politics, an account of the movement from ethics to politics or an exhortation to continually interrupt politics in the name of ethics. What all these approaches share is a reading of Levinas where ethics and politics are separated and ethics is prioritized. My argument in this article is that if the concept of the Third is given due weight in Levinas's work then this (...) separation and prioritization is untenable. The reading advanced foregrounds the Third and in doing so demonstrates that the unproblematized ‘ethics’ often drawn from Levinas is more complex than might initially appear. I argue that if the Third is taken seriously then Levinas's work leads to a requirement to think in terms of the ethico-political, so complicating any attempt to deduce politics from ethics which draws on this. (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)

The moral philosophy of Levinas offers a stark prospectus of impossibility for corporate ethics. It differs from most traditional ethical theories in that, for Levinas, the ethical develops in a personal meeting of one with the Other, rather than residing in some internal deliberation of the moral subject. Levinasian ethics emphasizes an infinite personal responsibility arising for each of us in the face of the Other and in the presence of the Third. It stresses the imperious demand we experience to (...) be open to, prepared for and impassioned with that which we may not know, or recognize, about ourselves or about the Other. Such a demand transcends our intellectual and/or rational potential; it involves us in a carnal and somatic bodily experience of otherness. If we are to speak of Levinasian ethics in a business context, it cannot be a matter of corporate ethics but only a matter of individual managerial ethics. What such an ethics would be like is yet to be outlined. This paper proposes a series of questions and suggestions that will explicate some key terms of a practice organized around a Levinasian vocabulary of otherness, responsibility, proximity, diachrony and justice. (shrink)

In this article I argue that Levinas can be read as a critic, not just of Heideggerian being, but also of being-with. After pointing out that the publication of the Black Notebooks only makes this criticism more interesting to revisit, I first of all discuss passages from both earlier and later writings in which Levinas explicitly takes issue with Heidegger’s claim that there is no self outside of a specific socio-historical community. I then explain how these criticisms are reflected in (...) Levinas’s own account, arguing that Levinasian subjectivity and alterity are precisely defined by their not belonging to a larger unity; to the extent that they partake in a multi-personal collectivity, this does not take the form of a traditional community. In the final section, I look into a different and seemingly opposing argument Levinas makes against Heidegger: on the basis of the latter’s reflections on death, he argues that Dasein is anti-social rather than overly immersed in the socio-historical. Arguing that this rests on a misreading of Being and Time, I use this opportunity to raise questions about Levinas’s interpretation of Heidegger and his “otherwise than being-with” more generally, for Levinas’s account runs into several problems as well. Yet as I will conclude, this in fact offers a valuable insight, not just for the present-day reception of Heidegger, but also for thinking community today. It indicates that a radical break with human situatedness does not automatically fare better than a firmly enrooted account of existence. (shrink)

Environmental theory and practice can benefit greatly from Emmanuel Levinas’ non-ontological philosophy of the Other in order to address the current global environmental crisis. From this viewpoint, this article focuses on 2 major positions within deep ecology. We discuss the significance of transitioning from one of them, which represents biocentric responsibility, to the other, which seeks to achieve environmental justice by challenging the hegemony of institutionalised environmentalism. In Levinasian terms, this is represented by moving from the anarchic realm of ethics (...) (face-to-face) to the totalising realm of politics (humanity), where the naked face of the Other becomes visible in the presence of a Third, and decision-making and concrete disputes resolution becomes necessary. Within this framework, historical and current inequalities compel the global North to degrow in order to allow the Others to weather the consequences of resource overconsumption and inequality. (shrink)

The idea of universal liberal legal norms has long been under attack from a variety of sources. One of the most sustained and sophisticated philosophical versions of such an attack is found in the work of Martin Heidegger. His argument from the social embeddedness of the self to the ultimate contingency and groundlessness of any claims of normativity has been highly influential across a number of fields. This paper argues that legal theorists who wish to contest such a view should (...) look to the work of philosopher Emmanuel Levinas. In his critique of Heidegger, Levinas affirms the significance of the human beyond the particular context in which we find ourselves embedded. Levinas wrote very little about law; his main focus was on ethical responsibility and the claim that an “other” makes on me. I argue that legal responsibility is fundamentally different, concerned instead with the claims that a self can make on others. Drawing upon Levinas’ understanding of the self as constituted through ethical responsibility, I argue that a Levinasian account of justice can support liberal-democratic norms such as freedom, equality and dignity. Indeed, Levinas himself endorsed universal human rights and even indicated a strong affinity with Kant’s idea of justice. What he denied, however, was that justice is a fully rational and coherent concept. I argue that this does not render justice incoherent or call into question the basic status of the norms of justice. Rather, a Levinasian account of justice shifts the emphasis to the community practice of reasoning about universal norms, a practice that is never complete. I further suggest that such a practice of reasoning should be familiar to lawyers as it bears a strong resemblance to common law reasoning. (shrink)

The present investigation develops the notion of sociality based on Emmanuel Levinas’s thought, and proposes an understanding of sociality that resists becoming a common foundation: an un-common sociality which interrupts the reciprocal shared common, and thereby, paradoxically, makes it possible. By engaging in the larger debate on community, this work gives voice to Levinas on the question of community without a common ground, a topic and a debate where he has previously been underestimated. In this way, the aim is to (...) reveal new directions opened up by Levinas’s philosophy in order to think an un-common sociality. (shrink)

Through the vehicle of Nicolas Sarkozy’s so-called “Dakar Address” we will analyse the West’s persisting lack of insight into the need for a Western decolonization. We will try to identify the dangers that come from this refusal, such as the abidance in colonial patterns, the enduring self-understanding as superior com-pared to Africa, and the persisting unwillingness to accept the colonial guilt. Decolonization has to be understood as a two-fold business. Decolonization is over-coming endured and perpetrated violence. It is not only (...) important that the colonial oppressed regain strength, it is equally important that the perpetrator of colonial violence understand their excess of violence and work on effecting its return impossible. We explain how Western thinking remains dangerous and untrustwor-thy if it refuses its own decolonization. Finally, we will draw attention to a fundamental pattern of Western thought that clashes with the fundamental values of the West: contempt. In a final step we suggest how this contempt can be overcome through desuperiorisation and the establishment of elative ethics. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)

In contemporary philosophy about justice, a contrast between empirical and transcendental approaches can be identified. Hillel Steiner represents an empirical approach: he argues for building an account of justice-as-rights out of the minimal inductive material of psychological linguistic and moral intuitions. From this opening, he ultimately concludes that persons have original rights to self-ownership and to an initially equal share of natural resources. Emmanuel Levinas represents a transcendental approach: he argues that justice arises from a transcendent ethical relation of responsibility-for-the-Other. (...) This relation underpins all subjective cognition, and makes rationality, reasoning, and rights possible.Analysis of each of these positions reveals certain problems. On the one hand, Steiner’s argument contains a number of latent methodological, conceptual, and structural presuppositions. These include the pretheoretical concepts of “person”, “equality”, and “consistency”. These presuppositions prefigure and condition the conclusions which Steiner reaches. On the other hand, Levinas fails to provide a convincing account of how the self comes to be an object of my own deliberations about morality and justice. This amounts to an annihilation of the subject which undermines his argument for the subject as a site of responsible action. As Steiner identifies, justice encompasses equal moral agents. Levinas’s hyperbolic description of the ethical relation’s asymmetry must therefore be revised.Nevertheless, what remains is the strength of Levinas’s argument for the priority of the ethical relation over thematization, rationality, and consciousness. The hidden presuppositions supporting Steiner’s work are evidence of Levinas’s plausibility in this respect. Steiner’s account of justice-as-rights requires a prior ethical relation in which we recognise one another as separate persons, each possessing an ethical status of their own; an attitude of justice motivates Steiner’s description of justice. This attitude is evident in language, which is communication before it is thought. In that individual rights can be conceived only on the basis of a relation of responsibility, rights are primordially the rights of the Other. (shrink)