The paper aims to rectify the reception of Heidegger’s so-called “hermeneutic violence,” by addressing the under-investigated issue of its actual target and rationale. Since the publication of Kant and the Problem of Metaphysics, some of Heidegger’s contemporary readers, such as Cassirer, as well as more recent commentators, accused Heidegger of doing violence to Kant’s and other philosophers’ texts. I show how the rationale of Heidegger’s self-acknowledged violence becomes tenable in light of his personal notes on his (...) Kant book, and of several hermeneutic tenets from Being and Time. The violence at stake turns out to be a genuine method, involving the appropriation (Zueignen) and the elaboration (Ausarbeiten) of an interpreted text. Its target, I argue, is not the text itself, as it was often assumed, but its reception by a community or tradition. Thus, that violence may well instill interpretive conflict, yet its purpose is to salvage a text from a conventional and ossified reception, namely, from what Heidegger regards as the authoritarianism of idle talk (Gerede) in a philosophical milieu. (shrink)

I argue that silencing (the act of preventing someone from communicating, broadly construed) can be an act of both interpersonal and institutional violence. My argument has two main steps. First, I follow others in analyzing violence as violation of integrity and show that undermining someone’s capacities as a knower can be such a violation. Second, I argue that silencing someone can violate their epistemic capacities in that way. I conclude by exploring when silencing someone might be morally justifiable, (...) even if doing so is an act of violence. (shrink)

The main aim of this paper is to investigate how sexist ideology distorts our conceptions of sexual violence and the hermeneutical gaps such an ideology yields. I propose that we can understand the problematic issue of hermeneutical gaps about sexual violence with the help of Fricker’s theory of hermeneutical injustice. By distinguishing between hermeneutical injustice and hermeneutical misfire, we can distinguish between the hermeneutical gap and its consequences for the victim of sexual violence and those of the (...) perpetrator of such violence. I then argue that perpetrators are both morally responsible and accountable for their acts, even if they are the result of a hermeneutical misfire. Ultimately, I show that with regard to sexual violence, we should opt for accountability to change the behaviour of the perpetrator and the social structure. Content warning: The paper discusses sexual violence and difficulties conceptualising experiences of such violence. (shrink)

Hermeneutical injustice is being unjustly prevented from making sense of one’s experiences, identity, or circumstances and/or communicating about them. The literature focusses almost exclusively on whether people have access to adequate conceptual resources. In this paper, we discuss a different kind of hermeneutical struggle caused by stigma. We argue that in some cases of hermeneutic injustice people have access to hermeneutical resources apt to understand their identity but reject employing these due to the stigma attached to the identity. We (...) begin with a reinterpretation of one of the cases discussed in the literature, Edmund White’s novel A Boy’s Own Story. We argue that in this case hermeneutic resources are available but are rejected due to the stigma attached to homosexuality. We then present two analogous kinds of cases: alcohol addiction and being the victim of intimate partner violence. Here, too, hermeneutic injustice occurs because of stigma attached to an identity rather than unavailability of resources. We close by suggesting that these cases may, additionally, involve the wrong of Tightlacing: by meddling with their self-conception, stigma can manipulate individuals into a view of themselves that licenses inappropriate demands on them and makes them complicit in an erasure of their identities. (shrink)

Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the concept of (...) date rape has been widely used for at least three decades indicates the intractability of hermeneutical injustices of this sort and the challenges with its overcoming. (shrink)

This paper investigates “A Feminist Interpretation and Reconstruction of John 7:53-8:11 in the light violence Against Women and its Implications Today.” This comes on the heels of the fact that violence against women is not only a fact of the contemporary times but was there in the days of Jesus Christ. The paper using two major theories of Feminist hermeneutics, especially the Hermeneutics of Recounting Tales of Terror in Memoriam and the Hermeneutic of Documenting Cases Against Women (...) in the Bible and social feminism theories of Radical Feminism and Liberal Feminism. This work brought to the fore that in most interpretation of John 7:53-8:11, the emphasis has been on forgiveness of sin and the issue of ὁ ἀναμάρτητος (that is one without sin) without any note about the andriarchal system of which the „adulterous‟ woman was a victim of. This paper which used the New Revised Standard Version (NRSV) as its preferred translation because of its gender sensitivity arrived at the conclusion that, the whole episode was male orchestrated; the Scribes and Pharisees bringing the woman to be judged by Jesus without the man in the alleged “adultery” case tantamount to judging the female fold different from the male fold; and that, there was no actual committing of adultery by the woman who was brought to Jesus, but she was brought to Jesus because of the inferiority, weak and vulnerable place of women in Jesus‟ andriarchal community. Hence, Jesus setting the woman free typified the role of religion as the vanguard in ending violence against women. (shrink)

Epistemologies have power. They have the power not only to transform worlds, but to create them. And the worlds that they create can be better or worse. For many people, the worlds they create are predictably and reliably deadly. Epistemologies can turn sacred land into ‘resources’ to be bought, sold, exploited, and exhausted. They can turn people into ‘labor’ in much the same way. They can not only disappear acts of violence but render them unnamable and unrecognizable within their (...) conceptual architectures. Settler systems of epistemic and conceptual resources and the relations among them are constructed to preclude certain forms of knowledge. This is not an accident; it is a central goal of colonial violence. Colonization and land dispossession would not be possible without the violent disruption of Indigenous knowledge systems and ongoing organized attempts to disrupt their survival. Violently disrupting the relationships of people to land is as much an epistemic project as it is a material one, and these two projects are inherently linked. The task of theorizing epistemic oppression is not only about epistemic oppression. Epistemic oppression is a story that gives language to a phenomenon in order to get past it, to carry on with the maintaining and reviving the forms of Indigenous and diasporic knowledge that colonialism has worked tirelessly to corrupt and silence. (shrink)

Man is a seeker by nature. He searches for truth. An ordinary man cannot be indifferent to truth because of the deep quest within him for truth. Gandhi lived his whole life in the perpetual quest for truth. He lived and moved in pursuit of this goal. This pursuit of seeking truth under the banner of philosophical education makes educational philosophizing moral. One can perfect these ideologies of different schools and make philosophizing in education better by placing truth in the (...) center. Thus, an idealist can evolve a realization of truth, a naturalist can bring about the true nature and potentialities of the individual, and pragmatists can rejuvenate the minds with a truth-oriented strategy and existential thinkers can invite truth into them so that they can avoid fear and dread. The Gandhian vision of Satya offers us the key to integral education. Following the footprints of Satya not only satisfies the Gandhian aims for education but it also helps the human person to continue his role on the earth as the seeker of truth. The aim of my research is to explore whether the concept of the truth of Mahatma Gandhi could be used as a platform for philosophical education? Can we take inspiration from Gandhian thoughts so that philosophizing may not engage itself in hermeneutical violence to bring out the truth (of our making) but a hermeneutical ahimsa that lets the truth show itself? Truth for Gandhi was equal to one of his lungs. He spoke the truth, wrote on truth, and exhorted people to be truthful. Gandhi made the concept of truth central to metaphysics, epistemology, morality, and the philosophy of religion. Truth was the guiding principle for Gandhi in all these disciplines. When we bring in truth as the guiding principle in the philosophy of education we envisage an educational community of all truth seekers traveling together in freedom to come to an ever-increasing approximation of truth. Should philosophy stop the pursuit of truth (satya) as Rorty claims? Is communication of truth irrelevant as no truth is ascertainable as skeptics claim? Is the will to communicate truth senseless since truth is an illusion? Do these approaches satisfy the philosophical minds that are after truth? The methodology I pursue in this thesis is an exploratory, analytical, and critical approach. a) Analytical: The basic method to be used is to analyze the existing works and apprehend their significance in the area of education, in particular philosophical education. b) Critical: a critical and comprehensive analysis of the concept of truth is followed in the research to represent the significance of truth in philosophical education. Man cannot be indifferent to truth since there is a longing for truth in the heart of every human being. Hence the need to search for it with all one’s might through success does not come everyone’s way in the same measure. The reason for this is that there are certain factors that impede our search and they even distort our understanding. They are natural limitations of reason, inconsistency of the heart, worldly concerns, and fear of the demand that truth makes. Hence it is necessary to overcome these in the search for truth. In his dealings with others, the human person wishes that the other may communicate his truth and only truth. Gandhian invitation is to be an experimenter with truth. Truth is that all seek and want above everything. No one wishes to compromise on that. When we bring in truth as the guiding principle in the philosophy of education we envisage an educational community of all truth seekers traveling together in freedom to come to an ever-increasing approximation of truth. They are compelled to study and defend truth in a better way when they are confronted. They will be forced to discern the core of truth from its formulations. That is the role of the experimenter with the truth. -/- In this research paper, I attempt to present M. K. Gandhi as an educationist giving emphasis only on his concept of truth. It is a limited approach to Gandhian educational philosophy because when I attend only to the concept of truth I fail to include very many other aspects of his educational philosophy like craft-centered education, teaching methods, education for different sections of society, etc. It also limits me to criticizing Gandhian dislike for the higher education system appropriately. However, the notion of truth is a common platform that could be shared by three important branches of philosophical education, namely the naturalistic, the idealistic, and the pragmatic. (shrink)

This doctoral thesis examines the phenomenon of Filipinization, specifically understood as the ideological construction of a “Filipino identity” or ‘Filipino subject-consciousness” within the highly determinate context provided by the Filipino ilustrado nationalists such as José Rizal, Marcelo H. del Pilar and their fellow propagandists inasmuch as it leads to the nineteenth (19th) century construction of the modern Philippine nation. Utilizing Jacques Derrida’s deconstructive thinking, this study undertakes a genealogical critique engaged on the concrete historical examination of what is meant by (...) the term “Filipino” across a select historical timeline (1864-1898) and the various notions of Filipino identity implied by the different contexts within which the term “Filipino” has been employed. More specifically, it undertakes a selective philosophical excavation of three seminal texts in the history of Filipinization, viz.: 1) the Manifiesto of Padre Jose Burgos; 2) the writings of the Filipino ilustrados in La Solidaridad; and 3) Jose Rizal’s Annotations on Dr. Antonio de Morga’s Sucesos de las Islas Filipinas. -/- The philosophical claim of this work is the idea that Filipinization, taken as the differential construction of Filipino identity, is the effective translation of the colonial epistemic violence of Eurocentric racism and its consequent “horror of absolutism” into the homo-hegemony of Filipino nationalisms. By fetishizing the notion of a carefully constructed and essential “Filipino-identity,” Filipinization and the current nationalist discourses that utilize them, unwittingly, stands complicit with the same colonial violence and hegemony that they wish to combat. This happens precisely when the very structures of colonial oppression, on the ideological and practical levels, are transmogrified into nationalist ideals that assume legal and political power unto themselves in a self-referential and self-legitimating fashion. -/- Three processes will demonstrate the above thesis: first, by examining historical texts and setting itself against established nationalist historiographies, a genealogical analysis of the term “Filipino” reveals it as a pliable signifier whose semantics have evolved through time. From its originary referent in the Spanish criollo (creole), it has come to refer to people who would have been otherwise entirely alien to this class, viz., the mestizos (both Spanish and Chinese), the principalia (native elite), and eventually, the lowland Catholicized natives themselves. The historical hermeneutic of this identity-discourse in Padre José Burgos’ Manifiesto yields the fact that what gives the term “Filipino” its semantic consistency as a class concept is its essential constitution as a Hispanic and Catholic identity. -/- Second, from this semantic identification of the term “Filipino” as a Hispano-Catholic identity, we proceed to clarify the meaning of Filipinization in terms of the nationalist propaganda carried out by the Filipino ilustrados in the fortnightly periodical La Solidaridad. Here, the specific ilustrado construction of Filipino identity as a Spanish citizen (ciudadano Español) is revealed precisely as a political and legal construct that served as the basis for their own politics of social inclusion/exclusion. Filipinization can only be applied to those who have been hispanized and Christianized and never to those tribes who have resisted and remained outside Spanish colonial authority. Filipinization is thus revealed as a process of Hispanization and Christianization whereby the recipients of Spanish colonial hegemony are transformed into the religiously docile bodies of the Spanish Empire. -/- From this highly determinate context, the study proceeds to examine Rizal’s ontological grounding of collective Filipino-ness in the mythological construction of the pre-hispanic past as the source of a unique Filipino ancestrality. In his work on de Morga’s Sucesos, what is revealed is a mythologization that grounds a native, essential Filipino identity within a past unscathed by the Spanish colonial experience. Such mythologization, however, can only be possible through an anachronistic nationalist interpretation of historical data. Here, Filipinization is revealed as an exclusive prerogative, a nationalist program by which Rizal and the ilustrado class can combat the evils and excesses of the Spanish colonial enterprise. Ironically, though, this same struggle for emancipation also became an instrument by which the ilustrado class can retain their unjustified position of power over those who belonged to the colonial underside, thus, securing the possibility of perpetuating their own ilustrado bourgeois class interests. -/- Such discursive complicity is the essence of the myth of Filipinization: it presents nationalist identity discourse as an anti-colonial enterprise while being underlined by an economy of motives designed to cater primarily to the exclusive interests of the elite and ilustrado class. Thus, instead of securing the genuine, inclusive emancipation of all colonial subjects and a more humane existence for the poor and suffering majority, ilustrado nationalism has, ironically, merely reinforced those operative structures of colonial discrimination and oppression when the ilustrados: 1) grounded their racial theory upon the very same discourse of Eurocentric superiority that they are precisely supposed to question and 2) claimed a patrimony over Filipinas as their exclusive sovereign inheritance. These two factors illustrate how the manifest transfer of power from the Spanish Empire to the Philippine sovereign nation (and later as a nation-state) illustrate how Filipinization merely has transmogrified the face of Spanish colonialism into its new, subtle, and worse form in Filipino nationalism. -/- In this vein, the existence of the 19th century modern Philippine nation merely masked and deferred the crisis that was supposed to transfer power from the Spanish Empire to the multitude of the poor and suffering native indio majority. This crisis became all the more difficult to address be-cause of the duplicitous character of the discourse of Filipinization itself. It has not only effectively transferred power into the hands of the nationalist elite but also captured authentic emancipatory discourse within the identity-trap against which it can only hope to get out. This study concludes with the claim about the impossibility of ever escaping and overcoming the epistemic and practical violence necessarily contained within the historical discourse of colonialism. Or simply, we have no language or discourse that would enable us to overcome the complicity of Filipinization with the very (epistemic) violence against which it has set itself. (shrink)

Although the question of religion did not feature prominently in Jürgen Habermas’s early political theory, his more recent work has continuously addressed the topic. This later interest in religion is grounded in what one commentator in a volume on The Power of Religion in the Public Sphere, cited as the urgent need to integrate religious voices in the workings of public reason in order to avoid social disharmony and to thwart potential violence. However, the following paper argues that the (...) hermeneutic procedures Habermas develops for the public sphere cannot bear the weight that his later understanding of religion demands of them. Such an insight validates Paul Ricoeur’s earlier argument that Habermas’s “depth hermeneutics,” were themselves utopic in nature. It is from this vantage point that a return to Ricoeur's thought is justified, through which a more productive understanding of the public potential of religious discourse can be understood. (shrink)

The gray area of sexual violations generally refers to ambiguous sexual experiences that are not readily distinguishable from rape or sex. Such experiences are describable as ambiguous or complex in a way that, to some, seems to defy existent categories of sexual experiences. This leads some feminists to approach the gray area as a puzzle that must be resolved either by understanding it as a new category, or by upholding existing rape categorization. Rather than dispelling the gray-area ambiguity by resolving (...) conceptual puzzles, I assign the gray-area ambiguity a positive analytical role by attending to it in a historical and dialectical light. By tracing histories of feminist antirape discourse, I elaborate a way of understanding the “gray area” of sexual violations, articulating it as a historical condition affecting the interpretive possibilities of our sexual experiences. Such an approach underscores the potential of the gray area to inaugurate feminist critique in virtue of its status as a historically specific yet ambiguous horizon where our experiences can contradictorily seem not-like rape, but not-like sex. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Modernity developed two conceptions of “nation”: “political nation” (grounded on the free will of subjects) and “cultural nation” (grounded on an objective entity, like culture, race, etc). But both axes of justification, the Subject and the Object, have recently suffered hard attacks from philosophies like Hermeneutics, which reveal heavy contradictions in them if they are to function as “grounds” of the “nation”. Nevertheless, no radical alternative to the concept of “nation” nor to these ways of grounding it seems nowadays plausible. (...) The hermeneutical approach that we propose is, then, to keep them, but in a verwordenem (weakened) sense, as termini towards which (not from which) making dialogical explanations about “nation”. In such a way, once we have excluded Modern fundamentals, a non fundament(al)ist way of thinking about it would favour the “reduction of violence” that hermeneutical practical philosophy adopts as its keynote. (shrink)

Miranda Fricker’s account of hermeneutical injustice and remedies for this injustice are widely debated. This article adds to the existing debate by arguing that theories of recog- nition can fruitfully contribute to Fricker’s account of hermeneutical injustice and can provide a framework for structural remedy. By pairing Fricker’s theory of hermeneutical injustice with theories of recognition, I bring forward a modest claim and a more radical claim. The first concerns a shift in our vocabulary; recognition theory can give a name (...) to the seriousness of the long-term effects of hermeneutical injustice. The second claim is more radical: thinking of hermeneutical injustice as preventing what I call “self-recogni- tion” provides a structural remedy to the phenomenon of hermeneutical injustice. Because hermeneutical injustice is first and foremost a structural injustice, I contend that every virtue theory of hermeneutical justice should be complemented by structural remedies in terms of recognition. Finally, what I argue sheds light on the seriousness of cases of exclusion of and discrimination against women in academia and helps to draw our attention to new ways to combat such problems. (shrink)

Although the idea that sexual violence is a “structural” problem is not new, the lack of specification as to what that entails blocks effective responses to it. This paper illustrates the concept of sexual violence as structural in the sense of containing a type of moral wrong called “structural wrong” and discusses its practical implications. First, I introduce a distinction between two types of moral wrongs—interactional wrongs and structural wrongs—and I argue that the moral problem of sexual (...) class='Hi'>violence includes both types, each of which calls for a different set of moral responses. Second, drawing on Iris Marion Young’s social connection model of responsibility, I argue that recognizing the structural-wrong element of sexual violence does not reduce individual perpetrators’ responsibility for it. Instead, it implies that a broader group of agents are required to join collective actions to reform the social structure. I conclude by evaluating some preventive programs against sexual violence through the lens of structural wrongs and providing directions to advance them. (shrink)

Hermeneutical injustices, according to Miranda Fricker, are injustices that occur “when a gap in collective interpretive resources puts someone at an unfair disadvantage when it comes to making sense of their social experiences” (Fricker 2007, 1). For Fricker, the relevant injustice in these cases is the very lack of knowledge and understanding experienced by the subject. In this way, hermeneutical injustices are instances of epistemic injustices, the kind of injustice that “wrongs someone in their capacity as a subject of knowledge” (...) (Fricker 2007, 5). In this paper, however, I identify different means by which our hermeneutic activities lead to social injustices, of both a practical and epistemic kind, and I identify different ways in which those injustices manifest themselves. Since Fricker’s use of the notion of “hermeneutical injustices” to denote a well-defined kind of injustice is rightfully well-established, I here refer to the more general kinds of injustices I have in mind as “hermeneutic injustices” instead. (shrink)

In the worlds of philosophy, linguistics, and communications theory, a view has developed which understands conscious experience as experience which is 'reflected' back upon itself through language. This indicates that the consciousness we experience is possible only because we have culturally invented language and subsequently evolved to accommodate it. This accords with the conclusions of Daniel Dennett (1991), but the 'hermeneutic objection' would go further and deny that the objective sciences themselves have escaped the hermeneutic circle. -/- The (...) consciousness we humans experience is developed only within the context of crossing the 'symbolic threshold' (Percy 1975; Deacon 1997) and one of the earliest and most important symbols we acquire is that of the self, or 'the subject of experience'. It is only when we achieve self-awareness that the world, as such, comes to exist for us as an object (which contains categories and sub-categories of objects). Any consciousness imputed to prelinguistic stages of development is based on projection and guesswork, since we can know nothing directly of it. It can be said that any experience which does not separate an inner subject from an outer world is probably a continuum of sensation in which environmental stimulus and instinctive response are experienced as a unity; it may be 'lived experience' but it is experience 'lived' non-consciously. -/- Speech requires assertion and by learning to speak we find ourselves asserting, in essence, our selves into the world. The narrative form of language allows us to develop life stories, self-knowledge, and, most important, narrative memory coincident with narrative time. All this is made possible with the intersubjective 'net' of language which allows us to know ourselves by first identifying with the viewpoint of others; and, later, such allows us to identify with other minds as we anticipate their reception our communication. These three, assertion, narrative, and intersubjectivity are the essence of what language is and are the keystones that make culture possible outside of nature. (shrink)

The act of lying and violence should be considered as a means to fulfill a purpose, but not bad or good, as bad or good is for judging the purpose of the committers. To support my thought, some examples are provided. Based on the thought, I give a brief discussion on lying and violence in folktales with religious teaching factors.

Gender-based forms of administrative violence, such as reproductive violence, are the result of systems designed to enact population-level harms through the production and forcible imposition of colonial systems of gender. Settler statecraft has long relied on the strategic promotion of sexual and reproductive violence. Patterns of reproductive violence adapt and change to align with the enduring goals and evolving needs of settler colonial occupation, dispossession, and containment. The U.S. Supreme Court’s recent decision to end the constitutional (...) right to abortion in Dobbs v Jackson is but one instance of this larger pattern. We analyze reproductive and obstetric violence and the structural trauma they produce through the lenses of i) historical continuity and ii) the global architectures of neoliberal settler capitalism in order to connect reproductive rights rollbacks in the U.S. with the expansion of reproductive violence across a world connected by colonial globalization. (shrink)

Miranda Fricker's original presentation of Hermeneutical Injustice left open theoretical choice points leading to criticisms and subsequent clarifications with the resulting dialectic appearing largely verbal. The absence of perspicuous exposition of hallmarks of Hermeneutical Injustice might suggest scenarios exhibiting some – but not all – such hallmarks are within its purview when they are not. The lack of clear hallmarks of Hermeneutical Injustice, moreover, obscures both the extent to which Fricker's proposed remedy Hermeneutical Justice – roughly, virtuous communicative practices – (...) adequately addresses the injustice, and the accuracy of criticisms suggesting that Hermeneutical Justice is insufficient to the task. In what follows, after briefly defending necessary and sufficient conditions for what I take to be the best candidate interpretation of Hermeneutical Injustice, I build on recent work on moral responsibility to construct and defend a rigorous explication of Hermeneutical Justice. (shrink)

The significance of critical phenomenology for psychiatric praxis has yet to be expounded. In this paper, I argue that the adoption of a critical phenomenological stance can remedy localised instances of hermeneutical injustice, which may arise in the encounter between clinicians and patients with psychosis. In this context, what is communicated is often deemed to lack meaning or to be difficult to understand. While a degree of un-shareability is inherent to subjective life, I argue that issues of unintelligibility can be (...) addressed by shifting from individualistic conceptions of understanding to an interactionist view. This takes into account the contextual, historical and relational background within which meaning is co-constituted. I conclude by providing a corrective for hermeneutical injustice, which entails a specific attentiveness towards the person’s subjectivity, a careful sensitivity to contingent meaning-generating structures, and a degree of hermeneutical flexibility as an attitude of openness towards alternative horizons of possibility. (shrink)

When we encounter extremist rhetoric, we often find it dumbfounding, incredible, or straightforwardly unintelligible. For this reason, it can be tempting to dismiss or ignore it, at least where it is safe to do so. The problem discussed in this paper is that such dismissals may be, at least in certain circumstances, epistemically unjust. Specifically, it appears that recent work on the phenomenon of hermeneutical injustice compels us to accept two unpalatable conclusions: first, that this failure of intelligibility when we (...) encounter extremist rhetoric may be a manifestation of a hermeneutical injustice; and second, that remedying this injustice requires that we ought to become more engaged with and receptive of extremist worldviews. Whilst some theorists might interpret this as a reductio of this framework of epistemic in/justice, we push back against this conclusion. First, we argue that with a suitably amended conception of hermeneutical justice—one that is sensitive to the contextual nature of our hermeneutical responsibilities, and to the difference between understanding a worldview and accepting it—we can bite the bullet and accept that certain extremists are subject to hermeneutical injustice, but without committing ourselves to any unpalatable conclusions about how we ought to remedy these injustices. Second, we argue that bringing the framework of hermeneutical in/justice to bear upon the experience of certain extremists actually provides a new and useful perspective on one of the causes of extremism, and how it might be undermined. (shrink)

Hermeneutics as we understand it today is an essentially modern phenomenon. The chapter presents observations that illustrate some of the central ways in which the modern and late modern phenomena of philosophical hermeneutics relate to the ancient philosophical legacy. First, the roots of hermeneutics are traced to ancient views on linguistic, textual, and sacral interpretation. The chapter then looks at certain fundamentally unhermeneutic elements of the Platonic, Aristotelian, and Augustinian “logocentric” theory of meaning that philosophical hermeneutics and its heirs sought (...) to call into question, reconsider, and deconstruct. Augustine's De doctrina christiana, can be regarded as an epitome and culmination of the ancient protohermeneutic heritage, theological as well as philological. Finally, Aristotle's practical philosophy, particularly the notion of phronesis, “practical insight”, is designated as an implicit ancient prototype of hermeneutic thinking, the reappropriation of which lay at the core of the Heideggerian and Gadamerian philosophical projects. (shrink)

Shame is most frequently defined as the emotion we feel when we fail to live up to standards, norms, or ideals. I argue that this definition is flawed because it cannot explain some of the most paradigmatic features of shame. Agents often respond to shame with violence, but if shame is the painful feeling of failing to live up to an ideal, this response is unintelligible. I offer a new account of shame that can explain the link between shame (...) and violence. On my view, shame arises out of a tension between our identity and our self-conception: those things about which we feel shame are part of our identities, but they are not part of our self-conception. I conclude by arguing that this account of shame is a valuable moral emotion. (shrink)

The issue of political violence is mostly absent from current debates about power. Many conceptions of power treat violence as wholly distinct from or even antithetical to power, or see it as a mere instrument whose effects are obvious and not in need of political analysis. In this paper, I explore what kind of ontology of power is necessary to properly take account of the various roles that violence can play in creating and maintaining power structures. I (...) pursue this question by contrasting the views of Hannah Arendt and Michel Foucault. For Arendt, power is generated and maintained by communicative practices. She argues that power and violence are ‘opposites’ because violence can only destroy but not create these practices. In contrast, Foucault’s conception explicitly allows violence to play a constitutive role in generating power. I argue that while Arendt is right to insist that power and violence are not identical, it does not follow that violence cannot play any role in constituting power. Guided by Foucault’s approach, I formulate a non-dualist account of the relationship between power and violence that takes seriously the role that bodies, material things, and built infrastructures play in making social relations ‘more durable’ and constituting power. (shrink)

In recent years, feminist scholarship on emotional labor has proliferated. I identify a related but distinct form of care labor, hermeneutic labor. Hermeneutic labor is the burdensome activity of: understanding and coherently expressing one’s own feelings, desires, intentions, and movitations; discerning those of others; and inventing solutions for relational issues arising from interpersonal tensions. I argue that hermeneutic labor disproportionately falls on women’s shoulders in heteropatriachal societies, especially in intimate relationships between women and men. I also suggest (...) that some of the gendered burdens of emotional labor that feminist scholars point out would better be described as hermeneutic labor. Drawing on feminist philosophy as well as findings from social psychology and sociology, I argue that the exploitation of women’s hermeneutic labor is a pervasive element of what Sandra Bartky calls the ‘micropolitics’ of intimate relationships. The widespread expectation that women are relationship maintenance experts, as well as the prevalence of a gendered demand-withdraw pattern of communication, leads an exploitative situation to appear natural or even desirable, even as it leads to women’s dissatisfaction. This situation may be considered misogynistic in Kate Manne’s sense, where misogyny is a property of social environments rather than a worldview. (shrink)

Fictionalist approaches to ontology have been an accepted part of philosophical methodology for some time now. On a fictionalist view, engaging in discourse that involves apparent reference to a realm of problematic entities is best viewed as engaging in a pretense. Although in reality, the problematic entities do not exist, according to the pretense we engage in when using the discourse, they do exist. In the vocabulary of Burgess and Rosen (1997, p. 6), a nominalist construal of a given discourse (...) is revolutionary just in case it involves a “reconstruction or revision” of the original discourse. Revolutionary approaches are therefore prescriptive. In contrast, a nominalist construal of a given discourse is hermeneutic just in case it is a nominalist construal of a discourse that is put forth as a hypothesis about how the discourse is in fact used; that is, hermeneutic approaches are descriptive. I will adopt Burgess and Rosen’s terminology to describe the two different spirits in which a fictionalist hypothesis in ontology might be advanced. Revolutionary fictionalism would involve admitting that while the problematic discourse does in fact involve literal reference to nonexistent entities, we ought to use the discourse in such a way that the reference is simply within the pretense. The hermeneutic fictionalist, in contrast, reads fictionalism into our actual use of the problematic discourse. According to her, normal use of the problematic discourse involves a pretense. According to the pretense, and only according to the pretense, there exist the objects to which the discourse would commit its users, were no pretense involved. My purpose in this paper is to argue that hermeneutic fictionalism is not a viable strategy in ontology. My argument proceeds in two steps. First, I discuss in detail several problematic consequences of any interesting application of hermeneutic fictionalism. Of course, if there is good evidence that hermeneutic fictionalism is correct in some cases, then some of these drastic consequences would have to be accepted.. (shrink)

In this paper I argue for the relevance of the philosophy of Hans-Georg Gadamer for contemporary feminist scholarship on epistemic injustice and oppression. Specifically, I set out to argue for the Gadamerian notion of hermeneutical openness as an important hermeneutic virtue, and a potential remedy for existing epistemic injustices. In doing so I follow feminist philosophers such as Linda Martín Alcoff and Georgia Warnke that have adopted the insights of Gadamer for the purpose of social and feminist philosophy. Further, (...) this paper is positioned in relation to a recent book chapter by Cynthia Nielsen and David Utsler in which they argue for the complementarity, and intersecting themes and concerns of Gadamer's hermeneutics and Miranda Fricker's work on epistemic injustice. However, Nielsen and Utsler solely focus on Fricker's conception of epistemic injustice and the two forms of epistemic injustice, testimonial injustice and hermeneutical injustice, that she identifies. In this paper I expand their analysis by considering other forms of epistemic injustice such as wilful hermeneutical ignorance and contributory injustice. Thus, this paper contributes to the budding literature on the relevance of Gadamer's work for the debates pertaining to epistemic injustice and oppression by expanding such analysis to other forms of epistemic injustice, and by further arguing for the strength of Gadamer's work in terms of offering relevant insights for the reduction and remedy of existing epistemic injustices. (shrink)

Tim Ingold draws a sharp line between animism and hylomorphism, that is, between his relational ontology and a rival genealogical ontology. He argues that genealogical hylomorphism collapses under a fallacy of circularity, while his relationism does not. Yet Ingold fails to distinguish between vicious or fallacious circles, on the one hand, and virtuous or hermeneutic circles, on the other. I demonstrate that hylomorphism and Ingold’s relational animism are both virtuously circular. Hence, there is no difference between them on this (...) count. A path thus opens for what I call hylomorphic animism. While Ingold’s relational animism leads into obscurity, hylomorphic animism is able to explain the differences in power between material things. (shrink)

Previously proposed strategies for tackling hermeneutical injustices take for granted the interests people have in certain things about them being intelligible to them and/or to others, and seek to enable them to satisfy these interests. Strategies of this sort I call interests-as-given strategies. I propose that some hermeneutical injustices can instead be tackled by doing away with certain of these interests, and so with the possibility of their unfair non-satisfaction. Strategies of this sort I call interests-in-question strategies. As a case (...) study in when such an interests-in-question strategy ought to be pursued, I look at how to tackle hermeneutical injustices arising in the context of gender-affirming healthcare as provided to adults by the National Health Service in the UK. I argue that considerations of trust, privacy, and respect all support pursuing such a strategy. One way to do so, I suggest, would be by replacing the existing gatekeeping model with an informed consent model for the provision of gender-affirming healthcare. Considerations of hermeneutical justice can hence be added to the already-impressive case for undertaking this shift. (shrink)

This article makes the case for the necessity of a multi-focal conception of violence in religion and peacebuilding. I first trace the emergence and development of the analytical concepts of structural and cultural violence in peace studies, demonstrating how these lenses both draw central insights from, but also differ from and improve upon, critical theory and reflexive sociology. I argue that addressing structural and cultural forms of violence are concerns as central as addressing direct (explicit, personal) forms (...) of violence for purposes of building just and sustainable peace. Moreover, religiously informed and/or motivated peacebuilders are especially well-appointed and equipped to identify and address violence in its structural and cultural manifestations. I the examine how concepts of structural and cultural violence, in effect, centrally inform the efforts of Martin Luther King and Cornel West to cultivate just and sustainable peace in a context as putatively peaceful and prosperous as the United States. (shrink)

This paper contributes to the on-going research into the ways in which the humanities transformed the natural sciences in the late Eighteenth and early Nineteenth Centuries. By investigating the relationship between hermeneutics -- as developed by Herder -- and natural history, it shows how the methods used for the study of literary and artistic works played a crucial role in the emergence of key natural-scientific fields, including geography and ecology.

_ Source: _Volume 48, Issue 1, pp 57 - 76 The aim of this article is to address the question of the anthropological difference by focusing on the intersubjective relation between the human and the animal in the context of a phenomenological analysis of violence. Following some Levinasian and Derridian insights, my goal is to analyze the structural differences between interspecific and intraspecific violence by asking how the generic phenomenon of violence is modalized across various levels: from (...) human to human, from human to animal, from animal to human, from animal to animal. I will address questions of incarnated vulnerability and altered states of affectivity, and I will relate the various forms of violence emerging in the context of the anthropological difference to the question of territoriality, arguing that violence is structurally modified in relation to particular articulations of our worldly spatiality. (shrink)

Environmental activism is expected to improve society’s well-being and environmental sustainability. Nevertheless, some inappropriate ways of activism, like road blockage, art vandalism, assaults, etc., have been recently conducted and risked causing adverse repercussions, including violence escalation. The current study aims to explore which types of environmental activism are more likely to escalate violence between activists, affected citizens, and police. Bayesian Mindsponge Framework (BMF) analytics was employed to analyze a dataset of 89 blockage, vandalism, and harassment cases in 13 (...) countries in this exploratory study. We discovered that rallies and demonstrations, marches, event disruption, and art vandalism were less likely to escalate violence between protestors, other citizens, and the police. In contrast, road blockades and assaults are more likely to lead to violence escalation. Apart from those, sabotage was found to have an ambiguous relationship with the violence escalation. Based on these results, we suggest that climate activists should be more selective in adopting activism approaches to raise public awareness and support and avoid using tactics that might be counterproductive and reduce public backing, such as road blockage and assaults. Despite the negative impact of art vandalism on violence escalation, we also discussed why art vandalism should not be used since it can curb the effectiveness of artivism, showing misuse of artworks (e.g., paintings, music, films) for environmental activism. (shrink)

Education systems are full of harmful violence of types often unrecognised or misunderstood by educators, education leaders, and bureaucrats. Educational violence harms a great number of innocent persons (those who, morally speaking, may not be justifiably harmed). Accordingly, this paper rejects educational violence used to achieve educational ends. It holds that educational violence is unjustified if the condition that innocent persons are harmed is satisfied, that this condition is satisfied in current educational practice (compulsory schooling), and (...) that, therefore, the current education system (schooling) acts in an unjustifiable manner. If the means of educating cannot be justified, then that education system itself cannot be justified, since an end cannot be justifiably pursued if the means requisite to pursuing it are unjustifiable. I call this stance ‘educational pacifism’. (shrink)

According to Miranda Fricker, a hermeneutical injustice occurs when there is a deficit in our shared tools of social interpretation, such that marginalized social groups are at a disadvantage in making sense of their distinctive and important experiences. Critics have claimed that Fricker's account ignores or precludes a phenomenon I call hermeneutical dissent, where marginalized groups have produced their own interpretive tools for making sense of those experiences. I clarify the nature of hermeneutical injustice to make room for hermeneutical dissent, (...) clearing up the structure of the collective hermeneutical resource and the fundamental harm of hermeneutical injustice. I then provide a more nuanced account of the hermeneutical resources in play in instances of hermeneutical injustice, enabling six species of the injustice to be distinguished. Finally, I reflect on the corrective virtue of hermeneutical justice in light of hermeneutical dissent. (shrink)

This paper discusses two thinkers who locate the possibility of revolutionary historical change in political projects oriented toward the formation of subjects and cultivation of sensibility. I begin by considering the relationship between historical violence and education in the works of Walter Benjamin. After introducing the provocative association of education with divine violence found in “Toward the Critique of Violence,” I expand on Benjamin’s conception of pedagogical force. Highlighting the centrality of education in Benjamin’s early work, I (...) argue that his account of learning does not depend on the mastery of students by teachers, nor more generally on the mastery of objective reality by a sovereign subject, but on the mastery of the educational relationship by tradition. Drawing on W.E.B. Du Bois’ discussion of the abolition of slavery, I close by describing the revolutionary cultivation of sensibility as a dynamic and collectively achieved mode of historical learning. (shrink)

This article analyses how child victims of abuse may be subjected to hermeneutical injustice. I start by explaining how child victims are hermeneutically marginalised by adults’ social and epistemic authority, and the stigma around child abuse. In understanding their abuse, I highlight two epistemic obstacles child victims may face: (i) lack of access to concepts of child abuse, thereby causing victims not to know what abuse is; and (ii) myths of child abuse causing misunderstandings of abuse. When these epistemic obstacles (...) cause the child victims to fail to see themselves as being abused and/or to get adults to recognise that they are being abused, I argue that this constitutes hermeneutical injustice. While some may justify obstructing epistemic access to concepts of abuse on the grounds of parental rights and protection of children’s innocence, I reply that both grounds are unjust in light of children’s basic rights and the fact that children can easily be taught such concepts in a child-appropriate manner. The case of child abuse prompts important reflections on existing epistemic injustice literature, particularly on the ways in which hermeneutical injustice materialises, the epistemic responsibilities of institutional bodies and individuals, and the interrelationship between testimonial and hermeneutical injustice. (shrink)

[English version also available] The Blood of Others begins at the bedside of a mortally wounded Résistance fighter named Hélène Bertrand. We encounter her from the point of view of Jean Blomart, her friend and lover, who recounts the story of their relationship : their first meeting, unhappy romance, bitter breakup, and eventual reunion as fellow fighters for the liberation of occupied France. The novel invites the reader to interpret Hélène and Jean’s story as one of positive ethical development. On (...) this progressive reading, although both characters are initially mired in bad faith and ethical irresponsibility, they ultimately transform themselves into ethically exemplary figures. Through their participation in violent political resistance against the occupation, they recognize their responsibility to humanity and actualize that responsibility in the form of positive political engagement. I will argue, on the contrary, that Jean and Hélène exhibit a unique form of bad faith that Beauvoir identifies in The Ethics of Ambiguity, a dangerous form of bad faith, distinct from the Sartrean conception, that promotes the indiscriminate use of violence for political ends. (shrink)

Revolutionary violence stems from the conatus of survival, from the appetite for life and joy rather than from the desire to destroy and the hubristic pretension to punish. It is an incursion of one's desire to affirm life and annihilate pain. Following Laruelle's methodology of nonstandard philosophy, I conclude that revolutionary violence is the product of an intensive expansion of life. Pure violence, conceived in non-philosophical terms, is a pre-lingual, presubjective force affected by the “lived,; analogous to (...) Badiou's void and it is radically revolutionary. It is fundamentally different from Benjamin's lawmaking “divine violence; and its appropriations by Žižek. Revolutionary experience is inevitably translated into language. What preserves the revolutionary substance in a post-revolution political discourse is that it is constantly checked by the sense of fidelity to the experience of the revolutionary event. Agamben, Benjamin, Schmidt and Žižek are discussed from an essentially non-philosophical stance, informed by Laruelle's theory that has been supplemented in some aspects by Badiou's concept of the pre-lingual event. (shrink)

Dans cet article, nous entendons mettre en évidence l’impact de la violence verbale sur l’identité de personnes d’origines culturelles diverses, précisément dans les sociétés multiculturelles. L’importance de ce thème réside dans la multiplicité des formes de violence verbale et la variété des territoires qu’elle touche. À première vue, ce type de violence paraît sans gravité, mais son impact sur l’identité de chaque personne ayant subi ce type de violence, ainsi que sur son psychisme, est considérable. À (...) titre d’illustration et d’un point de vue linguistico-culturel, nous analyserons trois exemples, dont deux font partie de la caricature, afin de faire face à la violence verbale qui peut prendre de nombreuses formes, notamment des stéréotypes en contexte migratoire. -/- . (shrink)

This article investigates the impact of political violence on the health of young children in Congo. Within the framework of differences in differences, we found negative effects of exposure to violence on children's health. Political violence also increases the likelihood that children will be underweight and underweight. Children who have faced such difficulties tend to be disproportionately affected.

This article has provided a philosophical discourse approach in deconstructing Ceteris Paribus (CP) as applied in contemporary Africa. The concept of CP, which affirm the notion of ‘all things are equal’ does not always hold true in the real world. The author has gone beyond the normal interpretation of the word shock, which is making it impossible for the CP concept to hold true in reality. The paper has unraveled critical discourses spanning corruption element as a key factor in the (...) current state of Africa’s economic malaise. It is therefore incumbent on African scholars and professionals to continue their strides in promoting critical hermeneutic space, pursued through empirical endeavours or otherwise in support of developing a philosophy that is based on pragmatism for the enhancement of economic methodology, focused on the continent’s pathway of (sustained) economic development. (shrink)

Political violence is a major impediment to Nigeria's national development. With the restoration to democratic rule in May 1999, high expectations were raised that the new democratic dispensation would resolve the risk of Nigeria's political violence, while speeding the country's economic and social transformation. It's worrying that since democratic rule returned, Nigeria has experienced a degree of unprecedented political violence that has crippled the efforts of national development. The fundamental thrust of this paper is to investigate the (...) incidence of Nigeria's political violence and assess its national development consequences. The paper shows that political violence dissuades domestic and foreign investment in our economy, triggers government loss of revenue and resources, and results in the election of unqualified representatives to the detriment of the country's economic and social progress. This paper proposes reducing wages paid to political office holders, and politicians should strive to achieve national unity instead of growing religious and ethnic tensions. Lastly, National resources should also be equitably distributed by the government. (shrink)

This paper will address Foucault’s analysis of the Hebrew and Christian pastor and argue that Foucault’s analysis of pastoral power in Security, Territory, Population neglects an important characteristic of the shepherd/pastor figure: violence. Despite Foucault’s close analysis of the early development of the Hebrew pastor, he overlooks the role of violence and instead focuses on sacrifice. However the sacrificial pastor does not figure in the Hebrew Scriptures. The Hebrew pastor is called to lead, feed and protect the flock, (...) not sacrifice for them. This is not to suggest that the theme of sacrifice is absent in the Hebrew Scriptures but that sacrifice is not a role attributed to the pastor until Jesus’ reinterpretation of the “good shepherd” in Chapter 10 of The Gospel of John.4 In distinguishing the Hebrew and Christian formulations of the pastor, the roles of violence and sacrifice in each can be understood more clearly. Beginning with the Hebrew Scriptures I will demonstrate the importance of violence in the figure of David as the first “shepherd of men”. I will argue that violence and the ability to protect the flock was a significant and determining characteristic of the Hebrew pastor. Contrary to Foucault’s assertion I will demonstrate that sacrifice was not a role attributed to the Hebrew pastor. While the words and life of Jesus provide a new sacrificial paradigm for understanding the “shepherd of men,” it is Paul who provides the foundation on which the practice of the Christian pastor is established in the Church. Therefore I will examine the writing of Paul to demonstrate the way violence operates in the Christian pastorate. I will argue that sacrifice does not replace violence but violence is subsumed in the sacrificial pastor and continues to operate. Finally I will suggest that the introduction of violence into Foucault’s analysis establishes a deeper connection between pastoral power and biopower. Thus, this connection engenders a richer understanding of the tension in Foucault’s work between care and violence in the poles of biopower: to make live and let die. (shrink)

Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind of (...) epistemic injustice afoot here. In this paper, I offer some philosophical reflections on DVA disclosure in clinical contexts and the associated barriers to disclosure. I argue that women with personal histories of DVA are vulnerable to a certain form of testimonial injustice in clinical contexts, namely, testimonial smothering, and that this may help to explain why they withhold that testimony. It is my contention that this can help explain the low rates of DVA disclosure by patients to healthcare practitioners. (shrink)

Violence is one of the most pervasive problems in the world today. Despite all efforts to apply the powers of reason in order to contain, if not completely eliminate violence, violence proves to be capable of escaping capture and re-emerging in new and unexpected forms. Reason and rationality appear to be powerless against violence. The paper explores some philosophical issues that shed new light on the persistence of violence in the modern world. It argues that (...) the failure of modernity to recognize and come to grips with the process of construction that constitutes the basis of our relationship with reality plays a critical role in the continued survival of violence. (shrink)

In recent decades, phenomenology has been utilized not only as a conceptual framework from which to understand medical encounters in healthcare settings, but also to guide medical professionals in providing care. In the realm of physical therapy, phenomenology has been touted as a philosophically-based avenue to aid in helping to understand what it means to be a patient. The works of Edmund Husserl and Martin Heidegger have been utilized as paths to approach phenomenologically-informed care in physical therapy. However, to our (...) knowledge, no significant connection has been made in regard to the work of Hans-Georg Gadamer’s phenomenology and hermeneutics in the realm of physical therapy. The authors aim to close that gap by showing the ways in which Gadamer’s philosophy can help physical therapists provide phenomenologically-informed patient care. They begin by outlining some of the touchpoints between phenomenology and healthcare and then introduce Gadamer as a figure who deserves attention in the question of how to apply phenomenology to healthcare settings. Upon analyzing Gadamer’s account of what it means to experience an altered body, they outline Gadamer’s understanding of tact, practical knowledge, and good sense in order to show how to understand at a conceptual level what it means to empathize with patients on the path to building therapeutic alliance, that is, a cooperative working relationship. They then look closely at Gadamer’s hermeneutics and particularly his comments on how to cultivate a fusion of horizons in order to attempt to help guide physical therapists in theoretically understanding how to empathize with their patients. Ultimately, they argue that physical therapists who practice phenomenologically-informed care, which they call “hermeneutical healing,” are positioned well to form strong working relationships with their patients. (shrink)

There is a long tradition of employing a phenomenological approach to gain greater insight into the unique experience of psychiatric illness. Researchers in this field have shed light upon a distur...