Transitional justice as a field of inquiry is a relatively new one. Referring to the range of mechanisms used to assist the transition of a state or society from one form of rule to a more democratic order, transitional justice has become the dominant language in which the move from war to peace is discussed in the early twenty-first century. Applying a deconstructive analysis to the question of transitional justice, the paper seeks to interrogate the core assumptions that underlie transitional (...) justice literature in relation to the relationship between law, politics and justice. As a discourse, transitional justice is replete with antinomies or binary oppositions, that of war and peace being the most obvious. Therefore the essentially deconstructible structure of differánce already exists within the concept. By examining the ways in which legal and political narratives are framed and reproduced, the paper seeks to deconstruct the opposition between law and politics on which much of the transitional justice literature rests. The article does not purport to provide a definitive critical analysis of transitional justice but aims to provoke debate and to prompt critical scholars to engage with the themes raised by providing an introductory analysis of some of the core features of a field of inquiry which seems ripe for deconstruction. (shrink)

Over the last 30 years, the self-determination efforts and objectives of Indigenous peoples in Canada have increasingly been cast in the language of ‘recognition’ — recognition of cultural distinctiveness, recognition of an inherent right to self-government, recognition of state treaty obligations, and so on. In addition, the last 15 years have witnessed a proliferation of theoretical work aimed at fleshing out the ethical, legal and political significance of these types of claims. Subsequently, ‘recognition’ has now come to occupy a central (...) place in our efforts to comprehend what is at stake in contestations over identity and difference in colonial contexts more generally. In this paper, I employ Frantz Fanon's critique of Hegel's master–slave dialectic to challenge the now hegemonic assumption that the structure of domination that frames Indigenous–state relations in Canada can be undermined via a liberal politics of recognition. Against this assumption, I argue that instead of ushering in an era of peaceful coexistence grounded on the Hegelian ideal of reciprocity, the contemporary politics of recognition promises to reproduce the very configurations of colonial power that Indigenous demands for recognition have historically sought to transcend. (shrink)

This article takes a genealogical approach to the problem of affective communication that we find coalescing around the phenomenon of ‘affective transfer’ identified in experiences such as voice-hearing, telepathy and hypnotic suggestion. These experiences breach the boundaries between the self and other, inside and outside, and material and immaterial, and make visible some of the central issues that are important in re-thinking affect, relationality and embodiment. The article will attempt to re-engage the problematic of subjectivity by asking what a turn (...) to affect entails within such technologies of listening and attention. This is particularly important when such turning or opening to affect engenders a conversation with traumatic memories, albeit a conversation that does not occur primarily in a verbal register. The key focus will be on the marginalized status of telepathic modalities of affective transfer throughout the histories of the development of the psychological sciences. The article uses this as a platform to consider the connections between what is occluded or excluded from the psychological sciences, and what is being silenced within work on affect taking form across the humanities. Taking us back to the practice of telepathy in the 19th century and the problem of hypnotic suggestion in the mid 20th century (the Macy Conferences), the article discloses how both function as carriers of what is being overlooked and silenced in the engagement by many affect scholars with the knowledge-practices of the psychological and neurosciences. (shrink)

In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Explores indigenous intellectual culture and its relationship to, and within, the dominant Euro-American culture. This book also contends that indigenous intellectuals need to engage the legal and political discourses of the state, respecting both indigenous philosophies and Western European intellectual traditions.

In the final years of the twentieth and the beginning of the twenty-first century, there has been a worldwide tendency to approach conflict resolution from a restorative rather than from a retributive perspective. The South African Truth and Reconciliation Commission, with its principle of ‘amnesty for truth’ was a turning point. Based on my discursive research of the TRC victim hearings, I would argue that it was on a discursive level in particular that the Truth Commission has exerted/is still exerting (...) a long-lasting impact on South African society. In this article, three of these features will be highlighted and illustrated: firstly, the TRC provided a discursive forum for thousands of ordinary citizens. Secondly, by means of testimonies from apartheid victims and perpetrators, the TRC composed an officially recognised archive of the apartheid past. Thirdly, the reconciliation discourse created at the TRC victim hearings formed a template for talking about a traumatic past, and it opened up the debate on reconciliation. By discussing these three features and their social impact, it will become clear that the way in which the apartheid past was remembered at the victim hearings seemed to have been determined, not so much by political concerns, but mainly by social needs. (shrink)

While vocal acts, such as interpellation and speech acts, constitute a network of theoretical nodes in Butler’s writings, her theory of gender performativity neglects to theorize the mediation of such acts through the voice and its technologies. In a close reading of Butler’s influential texts, the paper examines the ramifications of a notion of gender performativity that ignores the performative aspects of the voice, asking what it means to think a body without a voice. What notions of materiality and subjectivity (...) does such a thinking it assume? How does it understand the relationship of performativity, performance and sound technology? I argue that the repression of the sonoric aspects of the voice can be read as a symptom of the role of materiality in the theory of gender performativity. Despite Butler’s attempts to attend to the material body within a discourse of the performative, the notion of materiality is constrained through the economy of the sign and remains subordinated to the realm of intelligibility, a hierarchy that Butler explicitly rejects. However, the material voice will finally supplement and subvert the theory of gender performativity. (shrink)

Although the body has been the focus of much contemporary cultural theory, the models that are typically applied neglect the most salient characteristics of embodied existence—movement, affect, and sensation—in favor of concepts derived from linguistic theory. In _Parables for the Virtual_ Brian Massumi views the body and media such as television, film, and the Internet, as cultural formations that operate on multiple registers of sensation beyond the reach of the reading techniques founded on the standard rhetorical and semiotic models. Renewing (...) and assessing William James’s radical empiricism and Henri Bergson’s philosophy of perception through the filter of the post-war French philosophy of Deleuze, Guattari, and Foucault, Massumi links a cultural logic of variation to questions of movement, affect, and sensation. If such concepts are as fundamental as signs and significations, he argues, then a new set of theoretical issues appear, and with them potential new paths for the wedding of scientific and cultural theory. Replacing the traditional opposition of literal and figural with new distinctions between stasis and motion and between actual and virtual, _Parables for the Virtual _tackles related theoretical issues by applying them to cultural mediums as diverse as architecture, body art, the digital art of Stelarc, and Ronald Reagan’s acting career. The result is an intriguing combination of cultural theory, science, and philosophy that asserts itself in a crystalline and multi-faceted argument. _Parables for the Virtual_ will interest students and scholars of continental and Anglo-American philosophy, cultural studies, cognitive science, electronic art, digital culture, and chaos theory, as well as those concerned with the “science wars” and the relation between the humanities and the sciences in general. (shrink)

There can be no justice that is not spatial. Against a recent tendency to despatialise law, matter, bodies and even space itself, this book insists on spatialising them, arguing that there can be neither law nor justice that are not articulated through and in space. Spatial Justice presents a new theory and a radical application of the material connection between space – in the geographical as well as sociological and philosophical sense – and the law – in the broadest sense (...) that includes written and oral law, but also embodied social and political norms. More specifically, it argues that spatial justice is the struggle of various bodies – human, natural, non-organic, technological – to occupy a certain space at a certain time. Seen in this way, spatial justice is the most radical offspring of the spatial turn, since, as this book demonstrates, spatial justice can be found in the core of most contemporary legal and political issues – issues such as geopolitical conflicts, environmental issues, animality, colonisation, droning, the cyberspace and so on. In order to ague this, the book employs the _lawscape_, as the tautology between law and space, and the concept of _atmosphere_ in its geological, political, aesthetic, legal and biological dimension. Written by a leading theorist in the area, _Spatial Justice: Body, Lawscape, Atmosphere_ forges a new interdisciplinary understanding of space and law, while offering a fresh approach to current geopolitical, spatiolegal and ecological issues. (shrink)

Damasio, an eminent neuroscientist explores the science of human emotion and what the great Dutch philosopher Baruch Spinoza can teach of how and why we feel. Damasio shows how joy and sorrow, those most defining of human feelings, are in fact the cornerstones of our survival and culture.

In New Philosophy for New Media, Mark Hansen defines the image in digital art in terms that go beyond the merely visual. Arguing that the "digital image" encompasses the entire process by which information is made perceivable, he places the body in a privileged position -- as the agent that filters information in order to create images. By doing so, he counters prevailing notions of technological transcendence and argues for the indispensability of the human in the digital era.Hansen examines new (...) media art and theory in light of Henri Bergson's argument that affection and memory render perception impure -- that we select only those images precisely relevant to our singular form of embodiment. Hansen updates this argument for the digital age, arguing that we filter the information we receive to create images rather than simply receiving images as preexisting technical forms. This framing function yields what Hansen calls the "digital image." He argues that this new "embodied" status of the frame corresponds directly to the digital revolution: a digitized image is not a fixed representation of reality, but is defined by its complete flexibility and accessibility. It is not just that the interactivity of new media turns viewers into users; the image itself has become the body's process of perceiving it.To illustrate his account of how the body filters information in order to create images, Hansen focuses on new media artists who follow a "Bergsonist vocation"; through concrete engagement with the work of artists like Jeffrey Shaw, Douglas Gordon, and Bill Viola, Hansen explores the contemporary aesthetic investment in the affective, bodily basis of vision. The book includes over 70 illustrations from the works of these and many other new media artists. (shrink)

Life, but not as we know it -- Still life in nearly present time -- Driving and the city -- Movement-space -- Afterwords -- From born to made -- Spatialities of feeling -- But malice aforethought -- Turbulent passions.

Introduction: find your way -- Orientations toward objects -- Sexual orientation -- The orient and other others -- Conclusion: disorientation and queer objects.