This chapter outlines a new theoretical method, which I call “dancing-with,” emerging from the process of writing my dissertation and the book manuscript that followed it. Defined formally, a given theorist X can be said to “dance-with” with a second theorist Y insofar as X “choreographs” an interpretation of Y which is both true to Y and Y’s historical communities, and also meaningful and actionable (i.e. facilitating social justice) for X and X’s historical communities. In this pursuit, the method (...) of dancing-with involves both (1) a creative “torsion” of Y’s thought (particularly in the direction of unconscious, embodied and political factors at work in Y’ texts), and (2) a resultant, sympathetic torsion of X’s thought toward Y. In other words, X and Y “meet in the middle,” like two dancers walking onto the dance floor, to explore the promise of a flourishing artistic partnership. In this partnership, each must attend to the way that political meanings are inscribed on the other’s raced/sexed/etc. body, both to react maximally justly, and to maximize the aesthetic movement options that can be brought into play. As the method of dancing-with is thus modeled on an ideal comportment for improvisational social dance (such as the contemporary Latin dance called “salsa”), I envision the end-goal of dancing-with as what I call “poetic social justice.” By this, I mean the “poetic justice” of two theorists’ mutually empowering each other for maximal social good. Though this process is admittedly more difficult between some theorists, in part as a function of their respective embodiments and sociohistorical positions, at least a move or two together is always possible. (shrink)

This paper advocates for the introduction of poetic inquiry in Nigerian universities as a powerful approach to decolonizing research and reclaiming indigenous ways of knowing. It highlights the need to challenge outdated colonial concepts of higher education that have suppressed poetry and other indigenous forms of exploration and understanding. It argues that the incorporation of poetic inquiry in Nigerian universities can create inclusive and transformative spaces that foster social justice, cultural affirmation, and knowledge decolonization. The paper draws (...) on literature on decolonial and critical pedagogy to argues that poetic inquiry enables researchers to engage with alternative modes of expression and challenge dominant Western-centric paradigms. It underscores the social and political implications of embracing poetry as a means of reimagining narratives and reshaping power dynamics within academia and society at large. By validating and honouring indigenous knowledge systems, poetic inquiry promotes self-determination and cultural revitalization while bridging the gap between academia and the wider community. The paper offers recommendations on how Poetic Inquiry may be integrated into the curriculum of Nigerian universities. (shrink)

A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and recognize natural (...) punishment as genuine punishment for legal, specifically constitutional, purposes. Were U.S. courts to do so, they would need to reduce the amount of punishment they would otherwise bestow on wrongdoers upon conviction if a natural punishment has occurred or foreseeably will occur. A handful of foreign jurisdictions already accept something like this Article’s proposal, but natural punishment has no formal legal recognition in the United States. The goal of this Article is twofold: first, it offers a rigorous and defensible definition of natural punishment by distinguishing it from nearby notions and dispelling any association with supernatural ideas; second, it demonstrates that recognizing natural punishment as genuine punishment will not much disturb existing American legal institutions and understandings. -/- As an added bonus, the concept of natural punishment can be employed to solve a longstanding problem in criminal law theory, the Mystery of Credit for Time Served. The Mystery surrounds the common practice of giving prisoners credit toward their prison sentences for their time served in jail awaiting trial. The Mystery poses a dilemma about whether the detention time was punishment: If it was punishment, then the detainee was punished before trial in violation of Due Process; however, if the time was not punishment, there is no reason to discount the prison sentence. Seeing the time in detention as an instance of natural punishment resolves the Mystery. (shrink)

Contemporary Nigerian society is in its doldrums as regards the culture of violence and distrust among peoples from various ethnic groups that make-up this nation. To an extent, religio-political reasons are fueling this culture of violence and distrust. The thrust of this paper is that: Christian military chaplains are stakeholders as promoters of peace and mutual co-existence in Nigeria with regard to controlling the culture of violence and disunity. The core of this thesis remains Jesus’ convictions concerning non-resistance to the (...) evil one as documented in the Sermon on the Mount, Matthew 5: 38-42, and His life as the Peace-Builder. Therefore, contemporary Nigerian context calls for Christian military chaplains to be more conscious that being messengers of peace and promoters of peaceful coexistence in our country, they have ethical responsibility to build bridges to harmony. Since Christ (God) is love, the chaplains should rediscover the poetics of testimony as a principle for building and reconstructing paths that lead to mutual co-existence in view of encouraging the reign of justice, unity, and peace in Nigeria. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...) Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

Twentieth-century Greco-French philosopher, economist, psychoanalyst and activist Cornelius Castoriadis offers a creative new conception of imagination that is uniquely promising for social justice. Though it has been argued that this conception has one fatal flaw, the latter has recently been resolved through a creative dialogue with dance. The present article fleshes out this philosophical-dancing dialogue further, revealing a deeper layer of creative dialogue therein, namely between Castoriadis’ account of time and choreography. To wit, he reconceives time as the self-choreography (...) of the sociohistorical, in which performance the sociohistorical plays two dancing roles simultaneously, both choreographer and choreographed dancer. More precisely, as interpreted by Castoriadis in a late essay, the creation and emergence of forms in time consists of a poetic “scansion” or “scanning” of time. Thus, the sociohistorical is both choreographer and dancer, poet and reader, reinterpreting the poetic text of time as the music for its evolving dance. (shrink)

This article explores the allegorical narrative of Truth's birth, crucifixion, and resurrection as depicted in a poetic passage. It emphasizes the timeless struggle between truth and falsehood, highlighting how truth, though often suppressed, has the inherent resilience to resurface amidst adversity. The narrative underscores the importance of individual and collective action in challenging prevailing narratives, confronting ignorance, and fostering a society rooted in honesty, justice, and enlightenment. It calls upon readers to embrace the role of champions of truth, (...) advocating for critical thinking, questioning entrenched beliefs, and fostering an environment conducive to the continual pursuit of knowledge and justice. Ultimately, it asserts that the resurrection of truth is an ongoing process, dependent on the courage and determination of each generation to uphold its principles and ideals. (shrink)

In this paper, we intend to explore the possible influences of legislative prose in the Anaximander’s cosmological prose construction, who would have been, according to Themistius, “the first Greek who dared to expose a written discourse about nature” (ἐθάρρησε πρῶτος ὧν ἴσμεν Ἑλλήνων λόγον ἐξενεγκεῖν περὶ φύσεως συγγεγραμμένον, Or. 26 p. 383 = DK12A7). Our aim is to clarify which notions of nature and justice are assumed in its emergent cosmology, considering that, at least from the lexical point of (...) view, it seems strongly suggestive to be undefined the barriers between the legal and cosmic order, between the Human and the Natural. Indeed, this is what the peripatetic tradition seems to suggest by judging Anaximander’s language extremely poetic (ποιητικωτέροις οὕτως ὀνόμασιν αὐτὰ λέγων), since he would use legal terms (διδόναι αὐτὰ δίκην καὶ τίσιν ἀλλήλοις τῆς ἀδικίας) to explain the natural processes of generation and corruption (ἡ γένεσίς ἐστι τοῖς οὖσι, καὶ τὴν φθορὰν εἰς ταῦτα γίνεσθαι, Simpl. in Phys. 24. 13–25 = DK12B1). ——— Objetivamos neste artigo explorar as possíveis influências da prosa legislativa na constituição da prosa cosmológica de Anaximandro de Mileto, que teria sido, segundo Temístio, “o primeiro grego que ousou expor um discurso escrito sobre a natureza” (ἐθάρρησε πρῶτος ὧν ἴσμεν Ἑλλήνων λόγον ἐξενεγκεῖν περὶ φύσεως συγγεγραμμένον, Or. 26 p.383 = DK12A7). Visamos aclarar que noções de natureza e de justiça estão sendo pressupostas nessa cosmologia então emergente, considerando que, ao menos do ponto de vista lexical, parece fortemente sugestivo serem indefinidas as barreiras entre a ordem jurídica e a cósmica, entre o âmbito humano e o natural. Com efeito, é o que parece já sugerir a tradição peripatética ao julgar o linguajar de Anaximandro extremamente poético (ποιητικωτέροις οὕτως ὀνόμασιν αὐτὰ λέγων) por o milésio empregar termos considerados do âmbito jurídico (διδόναι αὐτὰ δίκην καὶ τίσιν ἀλλήλοις τῆς ἀδικίας) para explicar os processos ditos naturais de geração e corrupção (ἡ γένεσίς ἐστι τοῖς οὖσι, καὶ τὴν φθορὰν εἰς ταῦτα γίνεσθαι, Simpl. in Phys. 24.13–25 = DK12B1). (shrink)

In this article, I offer a new philosophical interpretation of Virgil’s Aeneid, dually centered on the queens of Olympus and Carthage. More specifically, I show how the philosopher-poet Virgil deploys Dido’s Junonian furor as the Aristotelian matter of the unjust Roman imperium, the feminist counterforce to the patriarchal force disguised as peaceful order. The first section explores Virgil’s political and biographical background for the raw materials for a feminist, anti-imperial political philosophy. The second section, following Marilynn Desmond, situates the continuing (...) misogynist condemnation of Virgil’s two goddess-queens in the context of their honored centrality in Roman and Carthaginian culture. The third section reinterprets Virgil’s goddess-queens as agents of furor as (apparently mad) feminist counterforce to the (actually mad) unjust force of the Roman empire and its agents Jupiter and Aeneas. The fourth section translates these poetic philosophical interpretations into prose, arguing that Dido’s Junonian furor is the Aristotelian matter constituting the unjust forms of Roman imperium. And the conclusion applies the latter analysis to Hardt and Negri’s Empire, suggesting Dido as a model for the “multitude” in the fight against the imperial injustice of today’s globalized empire. (shrink)

Guru Gobind Singh, the tenth Sikh Guru, was a divine preceptor and crusader for noble cause of human welfare. He was a great religious leader, a poet and a mystic, a true scholar and philosopher. He was also a fearless warrior and a military commander, who always fought against tyranny and oppression, to establish a just and benign state. In his hymns of 'Bachitar Natak', he proclaimed his mission as 'to protect the righteous, oppressed and downtrodden people and to destroy (...) the evil-doers'. He stressed on the unity between humans, rejected all sorts of discriminations and preached equality and goodwill. Being a prolific writer and a poet of rare sensibility, Guru Gobind Singh greatly enriched the literary heritage of India. His poetic vision depicts the glorious epitome of medieval Indian literary traditions. Through his compositions, he enunciated a doctrine of armed struggle for the protection of truth and justice. The fusion of the devotional and martial, of the spiritual and the heroic ethos is the most important feature of his literary work and his charismatic leadership. With his spiritual dynamism, he attempted to reconcile the transcendent with the immanent through his creation of the Khalsa. The commonwealth of the Khalsa was founded based on all round equality and total dedication to one Supreme Reality. Guru Gobind Singh was a pioneer Indian leader to introduce republican set up and democratic institutions. His teachings have great relevance for the modern man to build a global society with a commitment to peace and goodwill across all sorts of constraints and geographical boundaries. (shrink)

This article proposes that oral performance could be a philosophical activity in early China. The focus is on the Huainanzi, a densely rhymed philosophical treatise compiled by Liu An in the second century b.c.e. I show that the tome contains various sound-correlated poetic forms that are intended not only to enable textual performance but also, by means of aural mimesis, to encourage the intuitive understanding of its philosophical messages. Thus scholars of ancient poetry, philosophy, or intellectual history, despite being (...) habituated to reading silently and observing disciplinary boundaries, should be attentive to these sonic patterns in order to do justice to the poetic-cum-philosophical richness and originality of this text. More importantly, I argue that these poetic forms enable readers and audiences to experience, embody, and, above all, enact the Way through textual performance. Thanks to the sound patterns of the Huainanzi, the somatic processes of aural reading and philosophical praxis can occur simultaneously. Vocalization becomes an actionable and repeatable spiritual exercise, which facilitates the intuitive understanding and internalization of philosophical values. In other words, the perennial knowing–doing gap is heroically closed by the Huainanzi. / 淮南子的文本聲景：早期中國的詩歌、表演、哲學與實踐 / 王棕琦 / 本文論證早期中國的文本表演可以是一種具創造性的哲學活動，而非只是以聲音演繹書寫文本的朗讀活動。文中首先指出《淮南子》裏跟聲音有關的詩歌形式不但有助朗誦表演，更能讓讀者直觀感悟書中哲學思想而不落言筌。而 且，這些詩歌形式更讓讀者通過朗讀而實踐、內化書中所述之大道。可以說，《淮南子》對中國哲學的一大貢獻在於它將「知道」、「傳道」和「行道」三者合而為一。. (shrink)

All that philosophical “theories” of truth do is to demonstrate what is entailed by assuming our common uses and common understandings of the concept of truth. But our common understanding of what truth is is only a part of how truth functions. If we only look at that, we are missing the rest of the picture, namely how truth functions as the foundation for all human communication. I propose that truth functions a lot like morality, in the sense that both (...) truth and morality are normative systems that regulate human behaviour. To best understand this we need to imagine why truth was needed in the first place, and what role it plays in human communication as a whole. Here the philosophical approach of defining the “State of Nature” comes into play, and we obtain an account starting with drawing the relevant distinction between humans and non-human animals, and then showing how a crisis could have arisen from the initial development of language and how collective acknowledgement of truth as a default notion could have solved it, in the same way that collective acknowledgement of a moral system solved the problem of cheats and free riders. To do this, I utilize the idea of common pool resource management, as outlined in the work of the Institutional Economist Elinor Ostrom. (shrink)

Poems are not the only things we sometimes call poetic. We experience as poetic also prose passages, as well as films, music, visual art, and even occurrences in daily life. But what is it exactly for something to be poetic in this wider sense? Discussion of the poetic in this sense is virtually nonexistent in the extant analytic literature. The aim of this article is to get a start on trying to come to grips with this (...) phenomenon—the poetic as an aesthetic category that outruns poetry as an art form. It proposes an initial sketch of an account in terms of the fittingness of certain affective reactions to artworks and other things, reactions featuring notably elements of tenderness and elevation. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of (...) merit. That gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

This book defends an account of justice to nonhuman beings – i.e., to animals, plants etc. – also known as ecological or interspecies justice, and which lies in the intersection of environmental political theory and environmental ethics. More specifically, against the background of the current extinction crisis this book defends a global non-ranking biocentric theory of distributive ecological/interspecies justice to wild nonhuman beings, because the extinction crisis does not only need practical solutions, but also an account of (...) how it is the outcome of large-scale injustice. This book not only provides a novel theoretical framework that supports such a claim, but it also develops the theoretical tools to find just compromises between the entitlements of intraspecies and intra-human global distributive justice to ecological space for the purpose of working towards a vision of just conservation. -/- Content: 1. Introducing Ecological Justice 2. Political Non-Ranking Biocentrism 3. The Community of Justice 4. The Currency of Distributive Justice 5. The Principles of Distributive Justice 6. Ecological Justice and the Capabilities Approach 7. Biodiversity Loss: An Injustice? 8. Who Owns the Earth? 9. Visions of Just Conservation 10. Outlook for Implementation . (shrink)

In this article I develop Heidegger's phenomenology of poetry, showing that it may provide grounds for rejecting claims that he lapses into linguistic idealism. Proceeding via an analysis of the three concepts of language operative in the philosopher's work, I demonstrate how poetic language challenges language's designative and world-disclosive functions. The experience with poetic language, which disrupts Dasein's absorption by emerging out of equipmentality in the mode of the broken tool, brings Dasein to wonder at the world's existence (...) in such a way that doubt about its reality cannot enter the picture. (shrink)

This essay discusses the idea that trust is a pre-rational, other-oriented emotion and it is constitutive of friendship practices regardless of the type of friendship. In particular, what we call ‘social friendship’ refers to a distinctive set of loose but lasting and cohesive bonds both among citizens within society (horizontal dimension) and between them and the state (vertical dimension), triggering solidarity and altruism. The other-oriented emotion of trust underpinning these social bonds–social friendship–in turn, is necessary for social justice to (...) be supported, legitimized, and furthermore demanded by society. (shrink)

This paper is an attempt at developing a poetic ontology of the senses through an understanding of poetry, or more importantly the poetic as such, i.e., the movement, temporality, and various antinomies within poetic gesturing which interrupt the logic of closed meaning and totalization. Through a range of philosophers such as Nietzsche, Heidegger, Derrida, and Jean-Luc Nancy, amongst others, and primarily the poetry of Pessoa and Rilke, the paper investigates how poetry (poetics) may not only show us (...) a path toward a poetic ontology (thus an ontology in correlation with the senses and movements of natural and material existence), but furthermore point us toward the possibility of an ethical becoming which mirrors the movements of poetry, in contrast to following the rigid structures of absolute and fixed meaning. The overall intention in this analysis is not to find a clear, complete, or overarching thought which may point us toward the ethical or the good. The attempt here is to show that ethics is an activity, a continuous becoming (analogous to poetics) that can be sensed through a way of being in the world, and "being-with" the world, as compared to simply understood through cognitive forms of abstract knowledge. (shrink)

Although Heidegger’s explicit account of “poetic dwelling” belongs to his later philosophy, there are important indications that he was already engaging with the core matter of the notion in his early thought. Contrary to the idea that in Being and Time, “dwelling” amounts to mere practical coping with the environment, we would like to demonstrate that the notion is already a poetic issue in his early thought, as it requires the appropriation of our relation to the world via (...) an authentic experience of finitude. Following a topological mode of thinking, the paper thematizes the connections between Heidegger’s early and later thought, and elucidates the following three points: First, “freeing” and “letting” appears as the appropriate ethos of a poetic experience of finitude, one that maintains the “clearing” of meaningfulness. Second, a topological reading of Being and Time can explicate the notions of authenticity and inauthenticity as different disclosures of the clearing where human being-world correlation occurs. Third, the notion of “keeping-still” (Schweigen) can be interpreted as an authentic disposition that frees space for the disclosure of existence. The paper concludes that an authentic experience of finitude through “stillness” appears to reorient human ethos by releasing “discourse” from absorption in “idle-talk” and that such an act of existential re-orientation of one’s disposition towards the world is the essence of “authenticity,” and Heidegger’s early “poetic dwelling”. (shrink)

‘Justice’ is spoken of in two ways: the lawful and the fair. The law is a human construct that is devoted to the advantage of all, or to the advantage of the best, or to the advantage of those in power or to the advantage of those representing it – let it be the politician, the media, the TV presenter, the filmmaker. Thus, the law serves the production or the preservation of happiness within politics and business. The law commands (...) us to act according to the mean. A well-written law follows the mean well and a poorly written law does not. On the other hand, fairness is a principle sometimes materialised through the law and the given justice system. Fairness is the ultimate value pursued by both the common law and civil law traditions. However, its distribution through the law and the representation of this delivery varies. Does this mean that a different kind of justice is distributed? Through the teachings of Aristotle, this essay aims to deconstruct the notion of justice, by breaking down its two ingredients, the lawful and the fair, and by analysing the effect of their representation in modern European society. The relativity attached to the notion of justice is not a modern phenomenon, but a philosophical matter that can be analysed and indeed explained through the teachings of Aristotle and its contemporary students. The analysis will be developed in the context of convergent Europe, focusing on the role of the media and courts especially in relation to criminal justice. (shrink)

Luck egalitarianism provides a reason to object to conditionality in health incentive programmes in some cases when conditionality undermines political values such as solidarity or inclusiveness. This is the case with incentive programmes that aim to restrict access to essential healthcare services. Such programmes undermine solidarity. Yet, most people's lives are objectively worse, in one respect, in non-solidary societies, because solidarity contributes both instrumentally and directly to individuals' well-being. Because solidarity is non-excludable, undermining it will deprive both the prudent and (...) the imprudent citizens of its goods. Thereby, undermining solidarity can make prudent citizens worse off than they would have otherwise been, out of no fault or choice of their own, but rather as a result of somebody else's imprudent choice. This goes against the spirit of luck egalitarianism. Therefore (luck egalitarian) justice can require us to save the imprudent and avoid conditionality in access to essential healthcare services. (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. (...) We also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

This paper explores the tensions between two disparate approaches to addressing hunger worldwide: Food security and food sovereignty. Food security generally focuses on ensuring that people have economic and physical access to safe and nutritious food, while food sovereignty movements prioritize the right of people and communities to determine their agricultural policies and food cultures. As food sovereignty movements grew out of critiques of food security initiatives, they are often framed as conflicting approaches within the wider literature. This paper explores (...) this tension, arguing that food security is based on a particular model of justice, distributive justice, which limits the sovereignty and autonomy of communities as food producers and consumers. In contrast, food sovereignty movements view food security as a necessary part of food sovereignty, but ultimately insufficient for creating food sustainable communities and limiting wider harms. Rather than viewing food security and food sovereignty as in conflict, we argue that food sovereignty’s justice framework both encompasses and entails justice claims that guide food security projects. (shrink)

This paper explores spatial justice in urban environments through immersive art and design, focusing on Amsterdam and Houston. It presents a case study from the Venice Biennale 2023, showcasing art's potential in fostering inclusive urban spaces. The study delves into the socio-political complexities of urban areas, highlighting often-ignored liminal spaces and their tensions and possibilities. Immersive art emerges as a transformative medium, capable of challenging and reshaping perceptions of space, and addressing systemic socio-economic disparities. Adopting a transdisciplinary approach, the (...) research combines insights from various fields to enrich discussions on spatial justice and inspire urban transformations. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant (...) approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

In Difference and Repetition, Deleuze evokes dramatization when he suggests that intensities must dramatize the Ideas to condition their actualization. This allusion to an artistic category, in the midst of his metaphysical inquiry, has remained obscure, and despite its cruciality, it is not clear why he appeals to dramatization to explain any actualization and not solely the artistic actualization. This essay attempts to elucidate this ambiguity, by foregrounding a zone of torsional continuity, wherein intensity encounters the Idea and expresses it (...) through dramatization. This process is at play in the actualization of the organic field, social field, and aesthetic field, where an intensive larval subject—embryo, disentangled individual, artist—encounters the biological, social, or artistic Idea. While referring to the artistic encounter, it is shown how dramatization is indispensable to actualize every Idea. Finally, through Tarkovsky and Blanchot, the notion of poeticization is formulated that, while complementing dramatization, unveils certain tacit nuances of the Deleuzian actualization. (shrink)

I try to read Aristotle's Poetics and Rhetoric as if they were an integral part of the Organon instead of separate works as they were sorted by Andronicus of Rhodes. The results are quite surprising. First, poetics and rhetoric, considered as sciences of speech, were much more intimately related to Aristotle's analytical logic than it is generally acknowledged by prominent interpreters. I maintain that Dialectics (the Topics) operated as a bridge leading from these two sciences to analytical logic; that the (...) types of speech encompassed by the four respective sciences did not only form a ladder, ascending from the more loose forms of persuasion to the more rigorous ones, but that there was between them a whole net of cross-currents and implications that were too much obvious for Aristotle to remain unaware of them, notwithstanding the fact that he doesn’t describe them anywhere. I maintain, in short, there was an unified science of persuasive speech, whose principles were implicitly intertwined in the fabric of Aristotle's Organon. By means of a comparative study of the works consecrated by Aristotle to poetics, rhetoric, dialectics and analytics, these principles could be unearthed and accurately expressed. I called them the theory of the four discourses. (shrink)

This study forms a part of a larger investigation of the influence of the philosophy of Heraclitus of Ephesus on modern poetry. T. S. Eliot, to mention the best known of the many poets inspired by Heraclitus, selected two Heraclitus fragments (B 2 and B 60) as epigraphs for his “Burnt Norton”, the first of his Four Quartets. Eliot explained that he was drawn to the fragments because of their ‘ambiguity’ and ‘extraordinary poetic suggestiveness’. Similarly, in ‘This Solitude of (...) Cataracts’, Wallace Stevens spoke of ‘the flecked river which kept flowing and never the same way twice’ and elsewhere noted the ‘inherently poetic quality’ of many Heraclitean sayings. To gain some sense of the nature and magnitude of Heraclitus’ legacy for modern poetry we must first explore his vision of ‘a fiery cosmos being kindled in measures and extinguished in measures’ and a river into which one cannot step twice. -/- . (shrink)

The chapter provides an overview on what it means to be in a world that is uncertain, e.g., how under conditions of limited understanding any activity is an activity that designs and constructs, and how designing objects, spaces, and situations relates to the (designed) meta-world of second-order cybernetics. Designers require a framework that is open, but one that supplies ethical guidance when ‘constructing’ something new. Relating second-order design thinking to insights in philosophy and aesthetics, the chapter argues that second-order cybernetics (...) provides a response to this ethical challenge and essentially it entails a poetics of designing. //// 'A Poetics of Designing' is part of the first book-length collection of texts in Design Cybernetics. It introduces the subject from the point of view of aesthetics. Importantly, the chapter argues that second-order cybernetics circumvents the necessity for a muse inspired artist or genius as a mediator between higher spirits and life, in favour of artists and designers who have true agency. //// Cybernetics is often associated with AI, which is, however, only one of the branches that developed on the basis of the interdisciplinary research begun in the 1940s and entitled cybernetics. I hope the chapter contributes to a better understanding of the second-order cybernetics that has been conceived in close relationship with art and design from the late 60s onwards. (shrink)

Decommodification is an important support for the development of our excellences and the pursuit of our freedom of conscience. In order to show this, the paper will be structured as follows. First, it will be argued that a decommodified social threshold of goods and services is a necessary part of a free-standing politically liberal conception of justice. The authors to be reviewed in this section are R.H. Tawney and John Rawls. The second section will discuss a compendium of possible (...) decommodified goods and services. Finally, an alternative of partial decommodification and a brief comment on basic income grants will be presented in the last sections. (shrink)

Imaginative resistance (IR) is rejecting a claim that is true within a fictional world. Accounts that describe IR hold that readers exit a fiction at points of resistance. But if resistance entails exiting a fiction, then learning morality from fiction doesn’t occur. But moral learning from fiction does occur; some such cases are instances of accepting a norm one first denied. I amend current solutions to IR with poetic license. The more poetic license granted a work, the more (...) flexible one is regarding perceived falsehoods. Instead of exiting the fiction, one has the chance to stay engaged and possibly learn norms she previously denied. (shrink)

Climate change and decarbonization raise complex justice questions that researchers and policymakers must address. The distributions of greenhouse gas emissions rights and mitigation efforts have dominated justice discourses within scenario research, an integrative element of the IPCC. However, the space of justice considerations is much larger. At present, there is no consistent approach to comprehensively incorporate and examine justice considerations. Here we propose a conceptual framework grounded in philosophical theory for this purpose. We apply this framework (...) to climate mitigation scenarios literature as proof of concept, enabling a more holistic and multidimensional investigation of justice. We identify areas of future research, including new metrics of service provisioning essential for human well-being. [Can be freely read by clicking the ReadCube link below.]. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.1 (2002) 207-215 [Access article in PDF] Notes and Fragments Poetics of Sentimentality Rick Anthony Furtak IN HIS MAJOR WORK, The Passions, Robert Solomon argues that emotions are judgments. 1 Through a series of persuasive examples, he shows that emotions are best understood as mental states which involve certain beliefs about the world. This means that every emotion has an object: if I am angry at (...) John for stealing my car, the object of my anger is the fact (or what I take to be a fact) that my car has been stolen by John. If I find out that this is not the case, that my car has not even left the garage, then my anger should vanish along with its justification. 2 The key point here is that anger, like any other emotion, may be reasonable or inappropriate depending on the situation. If there is nothing to be angry about, then it would be irrational for me to cultivate anger simply because I enjoy having this particular emotion. In general, emotional responses are cognitively flawed whenever they are at odds with the properties of their objects. If we want our judgments to be realistic and not delusional, then we must avoid this kind of error.It is curious, then, that Solomon has written an essay in which he categorically declares that "there is nothing wrong with sentimentality." 3 For it would appear that his theory of emotion provides precisely the terms needed in order to specify what is wrong with it. If emotions are judgments, then "sentimentality" ought to be an important critical term to designate the habit of having emotions that involve either impaired or mistaken judgment. Nevertheless, Solomon is willing to defend any and every episode of tender emotion, of the kind associated with the [End Page 207] death of Little Nell in The Old Curiosity Shop (S, p. 240). He suggests that the more we can muster up this sort of response to literature or life, the better. What he seeks to encourage, in other words, is what Hume would call "delicacy" of (aesthetic) taste and of (ethical) passion. 4 But while Hume acknowledges that sensitivity to beauty and to ugliness are two sides of the same coin, such that anyone who is susceptible to lively enjoyments is also liable to undergo pungent sorrows, Solomon wants to promote only the tender aspect of emotion.On the principle of passionate maximization, it is good if I can be tenderly affected by a poem—any poem! The problem with such crass emotion-stoking is that it precludes the possibility of distinguishing between, for instance, the two stanzas below. Both are by Wilfred Owen: the first was written in 1914 and the second in 1918. 5 I O meet it is and passing sweet To live in peace with others, But sweeter still and far more meet To die in war for brothers. II Bent double, like old beggars under sacks, Knock-kneed, coughing like hags, we cursed through sludge, Till on the haunting flares we turned our backs And towards our distant rest began to trudge. Men marched asleep. Many had lost their boots But limped on, blood-shod. All went lame; all blind; Drunk with fatigue; deaf even to the hoots Of tired, outstripped Five-Nines that dropped behind. Only if emotions did not involve rational judgment could a person's passionate response to these two stanzas be a matter of indifference. But it seems that, on the contrary, an essential component of understanding them is recognizing that they express irreconcilable cognitive attitudes. The tone of the 1918 stanza is strikingly different from that of the earlier one, even though they share roughly the same topic. The latter stanza is stark and ominous, and filled with vivid detail; the one from 1914 is sweet and vague. Clearly, we might describe the earlier of the two as "sentimental"—the question is, what kind of judgment does [End Page 208] it involve? I suggest that its insipid jingles endorse the view that war is a delightful opportunity to nurture brotherhood and gain... (shrink)

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better understanding (...) where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (shrink)

It is common in political theory and practice to challenge normatively ambitious proposals by saying that their fulfillment is not feasible. But there has been insufficient conceptual exploration of what feasibility is, and very little substantive inquiry into why and how it matters for thinking about social justice. This paper provides one of the first systematic treatments of these issues, and proposes a dynamic approach to the relation between justice and feasibility that illuminates the importance of political imagination (...) and dynamic duties to expand agents’ power to fulfill ambitious principles of justice. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on (...) the influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

Many strategies for incorporating poetry into non-poetry classes, especially outside of English and associated disciplines, appear to make poetry subservient and secondary in relation to the prose content of the course. The poet under consideration becomes a kind of involuntary servant to one or more prose authors, forced to “speak only when spoken to,” and effectively prevented from challenging the ideas of the course’s prose writers, and thereby the instructor. Fortunately, this is not the only strategy for incorporating poetry into (...) prose-dominated courses. In this chapter, I will suggest an alternate approach which recognizes and facilitates the agency of poets and poetry per se, which I term “empowering poetic defiance.” In brief, this approach consists of the following four steps: (1) challenge one’s own poetic self-loathing (2) position the course’s poetry’s content to challenge the course’s non-poetic contents (3) position the course’s poetry’s forms to challenge your class’s non-poetic forms (4) comport oneself as interlocutor toward the poets featured in the course as the intellectual equals of oneself and the course’s prose writers. My first section will elaborate on these four steps, and my second section will flesh out the method further with a new reading of one of the most powerfully defiant poets in the Western canon, the nineteenth-century French Symbolist poet Charles Baudelaire, in dialogue with one of the most formidable challengers to the power of poetry, the eighteenth-century Prussian philosopher Immanuel Kant. (shrink)

Using a time-lagged design, we tested the main effects of Islamic Work Ethic (IWE) and perceived organizational justice on turnover intentions, job satisfaction, and job involvement. We also investigated the moderating influence of IWE in justice–outcomes relationship. Analyses using data collected from 182 employees revealed that IWE was positively related to satisfaction and involvement and negatively related to turnover intentions. Distributive fairness was negatively related to turnover intentions, whereas procedural justice was positively related to satisfaction. In addition, (...) procedural justice was positively related to involvement and satisfaction for individuals high on IWE however it was negatively related to both outcomes for individuals low on IWE. For low IWE, procedural justice was positively related to turnover intentions, however it was negatively related to turnover intentions for high IWE. In contrast, distributive justice was negatively related to turnover intentions for low IWE and it was positively related to turnover intentions for high IWE. (shrink)

In A Theory of Justice, Rawls attempts to ground intergenerational justice by "virtual representation" through a thickening of the veil of ignorance. Contractors don't know to what generation they belong. This approach is flawed and will not result in the just savings principle Rawls hopes to justify. The project of grounding intergenerational duties on a social contractarian foundation is misconceived. Non-overlapping generations do not stand in relation to one another that is central to the contractarian approach.

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is (...) a collective societal responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

This article is part of a larger project that explores how to channel people’s passion for popular arts into legal social justice by reconceiving law as a kind of poetry and justice as dance, and exploring different possible relationships between said legal poetry and dancing justice. I begin by rehearsing my previous new conception of social justice as organismic empowerment, and my interpretive method of dancing-with. I then apply this method to the following four “ethico-political choreographies (...) of justice”: the choral dance of souls qua winged chariot-teams, a dancingly beautiful friendship with the community, a tightrope-dance of the cool, and humans dancingly reimagined as positioned actors in fluidly moving groups. I then synthesize these analyses into “dancing justice,” defined as the dynamic equilibrium sustained by a critical mass of a community’s members comporting themselves like social dancers. (shrink)

This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable to assign personal (...) criminal liability for corporate fault. Section 3 looks at what it is that restorative justice can offer a bereaved family. Section 4 presents a range of suggestions as to how restorative justice could be used in this context—informed by real cases wherever possible. Section 5 presents a brief proposal regarding what may be the most effective and efficient strategy or model, in terms of developing a pilot restorative justice service in this area. Section 6 offers some preliminary guidance for a further consultation that would involve all the key stakeholders. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, (...) with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

This is the first volume of Equality and Justice, a six-volume collection of the most important articles of the twentieth century on the topic of justice and equality. This volume addresses the following three (only loosely related) issues: (1) What is the concept of justice? (2) Is justice primarily a demand on individuals or on societies? (3) What are the relative merits of conceptions of justice based on equality, based on priority for those who have (...) less, and based on ensuring that everyone has a basic minimum, of the relevant goods? (shrink)

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing (...) examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

Justice in production is concerned with ensuring the benefits and burdens of work are distributed in a way that is reflective of persons' status as moral equals. While a variety of accounts of productive justice have been offered, insufficient attention has been paid to the distribution of work's benefits and burdens in the future. In this article, after granting for the sake of argument forecasts of widespread future technological unemployment, we consider the implications this has for egalitarian requirements (...) of productive justice. We argue that in relation to all the benefits affiliated with work, other than undertaking social contribution, the technological replacement of work is unproblematic as these benefits could in principle be attained elsewhere. But because social contribution uniquely corresponds to work (when work is understood as more than a paid job), the normative assessment of technological unemployment will turn on the value that theories of justice give to contributive activity. We then argue that despite technological replacement being plainly beneficial insofar as it relieves persons from the burdens of work, such as dangerous work or drudgery, because the nature of care work makes it less susceptible to technological replacement, egalitarian concern will require the burdens of care work to be shared equally between individuals. (shrink)

What is it to be clear? And will that question have the same answer in science, poetry, and philosophy? This paper offers a taxonomy of clarity, before focusing on two notions that are pertinent to the notions of clarity in science, poetry, and, in particular, philosophy. It argues that “scientific clarity,” which is marked by its reliance on technical terms, is, though often appropriate, not the only way in which something can be clear. In particular, poetry entirely eschews technical terms—but (...) can nonetheless be crystal clear. Poetry achieves this clarity by sensitivity to the richness of language: rhythm, ambiguity, and so on. The paper argues that some philosophy uses language in this same way to achieve its philosophical ends. Accordingly, we should allow that this is a legitimate philosophical method and should not judge the clarity of such philosophy by the standards of scientific clarity. (shrink)