This article questions some assumptions in legal, moral and political theory regarding the law’s ways of functioning. As the constant revival of the topos ‘living law’ shows, underlying common models of law, and of the legitimacy of law, is, though often implicitly, the view that law is or should be particular, near to the facts, flexible, susceptible to realities, and as a consequence accessible to modernisations. However, this article proposes an immanent critique of similar hopes or fears, and it argues (...) that modern positive law can not be responsive to any other ‘order’ or context because it constitutes an order of its own. The article seeks to give an explanation of the specific character and forms of the juridical operating and to explain more specifically how decisions are produced. The article in this regard also investigates the importance and role of imagination, fiction and performativity. Underlining the fact that the juridical exceeds legal propositions by asserting itself as a distinct form of social communication, it calls for a shift from the representational to the performative analysis in the study of law. (shrink)

In this essay I will attempt to explain the significance of Stephen Bantu Biko's life. This I will do in terms of his intellectual contribution to the liberation of black people from the radically unjust apartheid society in South Africa. Firstly, I will discuss his contribution to liberate blacks psychologically from the political system of apartheid, pointing out how he broke through the normative and pragmatic acceptance of the situation in the radically unjust apartheid society. He experienced black people as (...) being defeated people, and he wanted to direct their attention to the fact that the cause of their unjust situation was other human beings and thus they could change it. Secondly, I point out how he gave black people a new self-understanding and self worth. One way of doing this was by means of community projects which fostered self-reliance. For Biko it was important that black people should act autonomously, and not let other people make decisions on their behalf. They also had to re-evaluate their cultural heritage to discover the positive aspects thereof. Lastly, I focus on his views on his ideal for a future just South Africa and show how important he regarded dialogue as a political tool. (shrink)

One consequence of the later Wittgenstein's influential critique of epistemological foundationalism has been to convince many contemporary philosophers that the ideal of universal and necessary cognitive grounds for moral or political norms is illusory. Recent neo-Wittgensteinian accounts of practical reason attempt to formulate a conception of a post-foundational politics in which a political ethos can be legitimate, rational or just even if its informing practices and cognitive standards lack foundational justification. Against these appropriations of Wittgenstein, I argue that his account (...) challenges foundationalism only by generating epistemological relativism at both the first-order level of belief systems and at the second-order level of the comparative evaluation of first-order belief systems and their non-comparable forms of justification. The result is a polytheism of forms of reason which imperils the methodological ideal of a non-relativistic practice of moral-political criticism. (shrink)