The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are (...) basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons. (shrink)

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

INTRODUCTION Ever since the beginning of the modern phenomenological movement disciplined attention has been paid to various patterns of human experience as ...

Isaiah Berlin's celebrated radio lectures on six formative anti-liberal thinkers were broadcast by the BBC in 1952. They are published here for the first time, fifty years later. They comprise one of Berlin's earliest and most convincing expositions of his views on human freedom and on the history of ideas--views that later found expression in such famous works as "Two Concepts of Liberty," and were at the heart of his lifelong work on the Enlightenment and its critics. Working with BBC (...) transcripts and Berlin's annotated drafts, Henry Hardy has recreated these lectures, which consolidated the forty-three-year-old Berlin's growing reputation as a man who could speak about intellectual matters in an accessible and involving way. In his lucid examination of sometimes complex ideas, Berlin demonstrates that a balanced understanding and a resilient defense of human liberty depend on learning both from the errors of freedom's alleged defenders and from the dark insights of its avowed antagonists. This book throws light on the early development of Berlin's most influential ideas and supplements his already published writings with fuller treatments of Helve;tius, Rousseau, Fichte, Hegel, and Saint-Simon, with the ultra-conservative Maistre bringing up the rear. These thinkers gave to freedom a new dimension of power--power that, Berlin argues, has historically brought about less, not more, individual liberty. These lectures show Berlin at his liveliest and most torrentially spontaneous, testifying to his talents as a teacher of rare brilliance and impact. Listeners tuned in expectantly each week to the hour-long broadcasts and found themselves mesmerized by Berlin's astonishingly fluent extempore style. One listener, a leading historian of ideas who was then a schoolboy, was to recount that the lectures "excited me so much that I sat, for every talk, on the floor beside the wireless, taking notes." This excitement is at last recreated here for all to share. (shrink)

Who Comes After the Subject offers the most comprehensive overview to date of contemporary French thinking on the question of the "subject." Nineteen philosophers and critics offer diverse perspectives on the subject as it has manifested itself in our modern discourses: the subject of philosophy, of the State, of history, of psychoanalysis. Each contribution asks What has become of the subject? or What has the subject become? in the wake of its critiques and deconstructions .

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 31.4 (2001) 22-40 [Access article in PDF] Giving an Account of Oneself Judith Butler In recent years, the critique of poststructuralism, itself loquacious, has held that the postulation of a subject who is not self-grounding undermines the possibility of responsibility and, in particular, of giving an account of oneself. Critics have argued that the various critical reconsiderations of the subject, including those that do away with the theory (...) of the subject altogether, cannot provide the basis for an account of responsibility, that if we are, as it were, divided, ungrounded, or incoherent from the start, it will be impossible to ground a notion of personal or social responsibility on the basis of such a view. I would like to try to rebut this view in what follows, and to show how a theory of subject-formation that acknowledges the limits of self-knowledge can work in the service of a conception of ethics and, indeed, of responsibility. If the subject is opaque to itself, it is not therefore licensed to do what it wants or to ignore its relations to others. Indeed, if it is precisely by virtue of its relations to others that it is opaque to itself, and if those relations to others are precisely the venue for its ethical responsibility, then it may well follow that it is precisely by virtue of the subject's opacity to itself that it sustains some of its most important ethical bonds.In all the talk about the social construction of the subject, we have perhaps overlooked the fact that the very being of the self is dependent not just on the existence of the Other—in its singularity, as Levinas would have it, though surely that—but also on the possibility that the normative horizon within which the Other sees and listens and knows and recognizes is also subject to a critical opening. This opening calls into question the limits of established regimes of truth, where a certain risking of the self becomes, as Levinas claims, the sign of virtue [see Foucault]. Whether or not the Other is singular, the Other is recognized and confers recognition through a set of norms that govern recognizability. So whereas the Other may be singular, if not radically personal, the norms are to some extent impersonal and indifferent, and they introduce a disorientation of perspective for the subject in the midst of recognition as an encounter. For if I understand myself to be conferring recognition on you, for instance, then I take seriously that the recognition comes from me. But in the moment that I realize that the terms by which I confer recognition are not mine alone, that I did not singlehandedly make them, then I am, as it were, dispossessed by the language that I offer. In a sense, I submit to a norm of recognition when I offer recognition to you, so that I am both subjected to that norm and the agency of its use.As Hegel would have it, recognition cannot be unilaterally given. In the moment that I give it, I am potentially given it, and the form by which I offer it is one that potentially is given to me. In this sense, one might say, I can never offer it, in the Hegelian sense, as a pure offering, since I am receiving it, at least potentially and structurally, in the moment, in the act, of giving. We might ask, as Levinas surely has, what kind of gift this is that returns to me so quickly, that never really leaves my hands. Is it the case that recognition consists, as it does for Hegel, in a reciprocal act whereby I recognize that [End Page 22] the Other is structured in the same way that I am, and I recognize that the Other also makes, or can make, this very recognition of sameness? Or is there perhaps an encounter with alterity here that is not reducible to sameness? If it is the latter, how are we to understand this alterity? On the one hand, the Hegelian Other is always found outside, or at least... (shrink)

With his characteristic wit, Zizek addresses the burning question of how to reformulate a leftist project in an era of global capitalism and liberal-democratic ...

In Less Than Nothing, the pinnacle publication of a distinguished career, Slavoj i ek argues that it is imperative that we not simply return to Hegel but that we repeat and exceed his triumphs, overcoming his limitations by being even more ...

The article challenges the claim that human rights, which have constituted one of the central tools by which to establish the truth claims of modernity, can produce freedom and meaningful happiness through the acquisition of more rights and more equality. Third World, postcolonial and feminist legal scholars have challenged the accuracy of this claim, amongst others. The critiques expose the discursive operations of human rights as a governance project primarily concerned with ordering the lives of non-European peoples, rather than a (...) liberating force; and that the pre-given rational subject of human rights is contingent and one of the prime effects of power. I examine the problems with the liberal humanism of human rights by examining not only how it is linked to a specific understanding of the `good life’, freedom and happiness, but also how it closes off other emancipatory possibilities. The acquisition of human rights as objects that an individual has by virtue of being human, represent the terminal limits of human rights, rather than the moment when the human subject becomes empowered and liberated. I draw on queer affect theory to make a critique of happiness, to which I argue human rights are linked, and how the failed or unhappy subaltern subject exposes its normative composition. I discuss the resulting depth of the despair produced from the realisation that this political project cannot realise its promise of freedom and meaningful happiness, compelling a `turn away’ from human rights as an emancipatory project and a `turn towards’ other non-liberal philosophical traditions, in the search for alternative understandings of and space for freedom and happiness. I explore these possibilities specifically within the philosophical tradition of non-dualism. (shrink)

Refugee law demands that the asylum seeker demonstrate an extremely limited and distorted form of agency that is encapsulated within the legal definition of the refugee. Such a framework also denies the role of the accidental in the refugee experience. I argue that the problem lies at the heart of the legal form, as constructed under capitalism. The sans-papiers show us the potential for refugees themselves to reconstruct a subjectivity that transcends the distorted form of agency and the false dichotomy (...) between the accidental and agency found in law, through their rejection of legal definitions and the re-emergence of themselves as political subjects. (shrink)

Slavoj Žižek is one of the most interesting and important philosophers working today, known chiefly for his theoretical explorations of popular culture and contemporary politics. This book focuses on the generally neglected and often overshadowed philosophical core of Žižek’s work—an essential component in any true appreciation of this unique thinker’s accomplishment. His central concern, Žižek has proclaimed, is to use psychoanalysis to redeploy the insights of late-modern German philosophy, in particular, the thought of Kant, Schelling, and Hegel. By taking this (...) avowal seriously, Adrian Johnston finally clarifies the philosophical project underlying Žižek’s efforts. His book charts the interlinked ontology and theory of subjectivity constructed by Žižek at the intersection of German idealism and Lacanian theory. Johnston also uses Žižek’s combination of philosophy and psychoanalysis to address two perennial philosophical problems: the relationship of mind and body, and the nature of human freedom. By bringing together the past two centuries of European philosophy, psychoanalytic metapsychology, and cutting-edge work in the natural sciences, Johnston develops a transcendental materialist theory of subjectivity—in short, an account of how more-than-material forms of subjectivity can emerge from a corporeal being. His work shows how an engagement with Žižek’s philosophy can produce compelling answers to today’s most vexing and urgent questions as inherited from the history of ideas. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, and (...) the foundations of modern political organization. This volume offers the first complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)

This is the first book in English on the major works of the German philosopher Johann Gottlieb Fichte. It examines the transcendental theory of self and world from the writings of Fichte's most influential period, and considers in detail recently discovered lectures on the Foundations of Transcendental Philosophy. At the center of that body of work stands Fichte's attempt to integrate the theories of volition and cognition into a unified but complex 'system of freedom'. The focus of this book is (...) the intricate interplay between thinking and willing in the birth of experience out of the spirit of freedom. Combining incomparable erudition, sensitive readings of some of the most difficult of philosophical texts, clarity in exposition and an acute awareness of historical context this book takes its place as the ideal introduction to Fichte's thought. (shrink)

Alain Badiou and Slavoj Žižek together have emerged as two of Europe’s most significant living philosophers. In a shared spirit of resistance to global capitalism, both are committed to bringing philosophical reflection to bear upon present-day political circumstances. These thinkers are especially interested in asking what consequences the supposed twentieth-century demise of communism entails for leftist political theory in the early twenty-first century. _ Badiou, Žižek, and Political Transformations_ examines Badiouian and Žižekian depictions of change, particularly as deployed at the (...) intersection of philosophy and politics. The book details the origins of Badiou’s concept of the event and Žižek’s concept of the act as related theoretical visions of revolutionary happenings, delineating a number of difficulties arising from these similar concepts. Johnston finds that Badiou and Žižek tend to favor models of transformation that risk discouraging in advance precisely the efforts at changing the world of today that these uncompromising leftists so ardently desire. _Badiou, Žižek, and Political Transformations_ will surely join Johnston’s _Žižek’s Ontology _as an instant classic in its field. (shrink)