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1.
Human rights are both a means for the ideological justification of the status quo and for its utopian subversion. In order to account for this paradox we need to consider the role that our capacity to form images plays in human
rights discourses. I will first discuss how best to conceptualise the capacity to produce images, which is the focus of this
paper. In order to go beyond the impasse generated by philosophical approaches to imagination as an individual faculty, and by sociological approaches to the imaginary
understood as a social context, I propose to use the category of the ‘imaginal’, understood simply as that which is made of
images and can therefore be both the product of an individual faculty and a social context. Second, I show how the imaginal
enters the three major strategies of justifications of human rights, when we think of them as ‘human’, as ‘rights’ and as
‘rational’. Finally, I will show that the imaginal is also the force that compels us to enforce human rights, to put ourselves
in the shoes of others and imagine a world that is different from the one in which we are currently living. 相似文献
2.
George S. Rigakos 《Critical Criminology》1996,7(2):75-91
This essay examines the rise of neoconservative thought within criminological discourse from the enlightenment ‘quarrel’ with
ancient philosophy and church supported scholasticism in the 1700s to the present day. From the perspective of criminology,
it is argued that there is little new about the ‘new right’ with the exception that it has managed to galvanize itself as
a popular retributionist alternative among the working class in the United States, Canada, and England. The current organization
of social institutions in a modern ‘risk society’ facilitates the easy re-definition of the crises of late-modern capitalism
into issues of social control. It is not surprising we find the right reinvigorated and prominent under these conditions.
New left realism and crime control through social development are offered as competitive platforms from which to advance critique
of barbaric right-wing crime-control policies.
Despite all my rage, I am still just a rat in cage (Smashing Pumpkins 1996) 相似文献
3.
Robert Eaglestone 《Law and Critique》2009,20(3):271-280
The article argues that the contentious and complex concept of ‘authenticity’, which Agamben develops from Heidegger, forms
a central continuity between Agamben’s earlier work, which focuses more on language and art, and his later work, which focuses
more on politics. Moreover, I suggest that although this concept is often unquestioned and elided in his work, it plays a
crucial role in the deep structures of his thought. Moreover, the ‘unthought concept’ of ‘authenticity’ is of concern because,
while authenticity might possibly have a role to play in the sphere of how we come to understand and relate to artworks, there
are reasons to be suspicious of this concept in the political realm if, indeed, these two ‘realms’ can be understood separately.
If these two spheres cannot be clearly separated, as seems more likely, then it is even more important to explore and question
the terms and cluster of concepts around ‘authenticity’. 相似文献
4.
Stacy Douglas 《Law and Critique》2011,22(2):171-187
This article explores the powers and potentialities of imaginations of political community at the site of the museum in contemporary
South Africa. Taking the District Six Museum (Cape Town) and Constitution Hill (Johannesburg) as the empirical backdrop, I
explore the ways in which memorialising practices at these sites bolster or deflate the exaltation of the post-1996 constitutional
moment. This argument aligns closely with contemporary discussions by South African constitutional theorists about the role
of monumentalism and counter-monumentalism. Indeed, I argue that memorialising techniques employed at the District Six Museum
offer a practice of memory-making that resists the fixed and limited boundaries proffered by the new South African constitutional
discourse exalted at Constitution Hill. However, my critique does not include a call for a reform of the latter. Instead,
I argue that the continuation of monumental memory practices at Constitution Hill, in juxtaposition to counter-monumental practices at District Six, serves a key role in revealing the limits of fixed notions of law and subjectivity
in imagining past and future political communities. Drawing on Antonio Negri’s concept of constituent power, I argue that
the juxtaposition of monumental and counter-monumental memorial practices exposes the illusion of the division between transcendent
Power (potestas) and immanent power (potentia). Finally, I turn to Emilios Christodoulidis’ conception of ‘strategies of rupture’ to consider ways in which this contradiction
might be made to ‘persist’ through the site of the museum. Indeed, if the goal is to illuminate the illusion of transcendent
power, the juxtaposition of memorialising practices between the two sites (a museological form of ‘tapping of contradiction’)
may serve as a platform for the truth of constituent power to be realised. 相似文献
5.
Narnia Bohler-Muller 《Law and Critique》2007,18(2):253-274
This contribution offers a careful but critical reading of Johan van der Walt’s theory of post-apartheid law as sacrifice and social struggle. By placing a theoretical emphasis on the inevitability of violence and the impossibility
of love, Van der Walt’s thesis risks denying the possibility of thinking the world in a different, way. In order to reconceive
the terms of community and horizontality in post-apartheid South Africa, there is a need to move beyond thinking the world as constructed according to tension, conflict and self-preservation
at the expense of understanding and compassion. In developing a critique of law as sacrifice, I utilise Panu Minkkinen’s call
for justice as the beyond of law that goes beyond the mere battle for recognition. I also address his view that the unappeasable
desire of metaphysics entails the recognition that there is hope for the future and the recovering of transcendence as otherness.
Secondly, I use Louis Wolcher’s work on Zen Buddhism to argue that any obsession with conceptual purity, as is glimpsed in
Van der Walt’s work, ignores the impossibility of setting down the immutable and universal truth for all time. In other words, however attractive a theory of law as sacrifice may be, it
is only one perspective amongst many others. Lastly, I contrast Van der Walt’s work with that of Luce Irigaray, and in particular
her formulation of ‘horizontal transcendence’ that makes possible relations ‘between two’.
相似文献
Narnia Bohler-MullerEmail: |
6.
‘Globalization’ implies, among other things, the radical crisis of the metaphysical and theologico-political conceptions of
sense. The crisis of the device built upon the concepts of the abstract individual, the nation and the State is at the same
time the crisis of the subject as a master and an owner of sense (each time, the sense). But, if human beings are subtracted by the national, historical and metaphysical identities, by the system of the meanings-image, they
are exposed to the possibility itself of sense as what precedes and exceeds every constituted identity or reality. This article
aims at exploring in Jean-Luc Nancy’s thought the strict relationship between the ‘non-appropriable’ nature of sense and the
being-in-common of human beings considered not as abstract individuals, but as multiple-singularities. A community that is the opening itself of sense, is not sacrificed to an originary or future Unity, but it is offered to the event of the present; to the existences
as events and to an ‘immediate mediation’ as surprise. The experience of this offer as surprise is what Nancy calls ‘freedom’.
Graduate student at the University of Venice, Italy; conducting a study of ‘the centres of temporary detention’ for migrants
in Italy. The translations of all extracts are mine unless otherwise provided. These pages are dedicated to the migrants of
the Association Solidariedade Imigrante of Lisbon, Portugal (to each one and to all of them, their friendship is for me such a great gift). I would like to thank
Vania Trento Miotto and Thanos Zartaloudis with all my heart for the precious help in the revision of this article. Obviously,
the responsibility for these pages rests entirely with me. 相似文献
7.
Malcolm Voyce 《Law and Critique》2010,21(2):183-198
It is implicit in a western understanding of law that law is a series of generalisations, which are universal and which aim
to promote social community. At the same time ‘law’ is expected to operate in a territory (rather than for specific people
or castes) where it applies, and to apply to a community of rights-bearing subjects. Such a view of law may have reflected
part of the values of the European Enlightenment where law was seen as a rational science and where religion has been seen
as excluded from law. An alternative route in the study of law is to study ‘transgressions’. The literature on ‘transgression’
suggests transgressions form an amorphous category and a proper examination of them is not closed by the normal taxonomy between
the studies of ‘law as obedience’ versus ‘laws as violation’. In one sense transgressions are part of the rule, yet a separate
category in their own right. I use the concept of ‘transgression’ to attempt to describe the legal significance of ‘violations’
in the rules of the Buddhist monks (Vinaya). I conclude that a proper consideration of the role of sexual desire in the Vinaya
allows me to show that ‘violations were accepted within an institutional framework, that ‘violators’ were not excluded from
the order of monks and that sexual experience could be seen as an alternative, if controversial, path of spiritual development. 相似文献
8.
Nirmalya Guha 《Journal of Indian Philosophy》2012,40(1):47-66
The meaning of the term ‘tarka’ is not clear in the modern literature on Classical Indian Philosophy. This paper will review different modern readings of
this term and try to show that what the Nyāyasūtra and its classical commentaries called a ‘tarka’ should be understood as the following: a tarka is a cognitive act that validates a content (of a doubt or a cognition or a speech-act) by demonstrating its logical fitness
or invalidates a content by demonstrating its logical unfitness. A tarka can act as a metatheory too. Generating certainty is, according to the Classical Nyāya, a job assigned to an epistemic instrument
(pramāṇa). It fails to do so when there arises a doubt regarding it. The moment a tarka dispels the doubt, the epistemic instrument
generates certainty. Tarkas of different types will be exemplified by critically analyzing Gaṅgeśa’s applications of tarka in his magnum opus Tattvacintāmaṇi. These examples will clarify the definition of tarka formulated in this paper. 相似文献
9.
Arne de Boever 《Law and Critique》2009,20(3):259-270
This essay reconsiders Marx’ prehistory of capital through the lens of the work of Giorgio Agamben, who in the wake of Foucault
has proposed a bio-political theory of sovereignty that breaks down the analytical separation between sovereignty and governmentality
that Foucault in his work tries to maintain. Although Agamben mentions Marx only once in his study of sovereign power, I argue
that his study nevertheless contributes to our understanding of the capitalist relation as not only a governmental but also
a sovereign power relation. In the first part of this essay, I show through a philological commentary on Marx’ use of the
adjective ‘vogelfrei’—translated as free, rightless, without protection, outlawed—to characterise the proletariat, that the Marxian proletariat
is a figure of what Agamben in his study of sovereign power calls bare life. In the second part of the essay, I show that
this sovereign dimension of the capitalist relation is also substantiated by Marx’ analysis of the logic of the capitalist
relation as that of the exception. After Carl Schmitt, who wrote that ‘sovereign is who decides on the state of exception’,
Agamben has argued that the logic of the exception is the logic of sovereign power. Reconsidered through the lens of Agamben’s
argument, Marx’ account of the prehistory of capital reveals that there is a sovereign logic of the exception at work in the
capitalist relation. In the final part of the essay, I start from Agamben’s single reference to Marx in his study of sovereign
power to discuss the importance of my conclusions for Agamben’s political message. 相似文献
10.
Dale Spencer 《Criminal Law and Philosophy》2011,5(1):39-52
This article contributes to recent existentialist interventions in critical criminology (see Lippens and Crewe 2009) and offers the existential concept of ‘event’ as a guiding image for critical victimology. Whereas existential criminologists
have examined crime and wrongdoing, very little attention has been given to victimization. I utilize the existential phenomenology
of Martin Heidegger and Claude Romano to offer a critique of existing approaches to victimization within mainstream criminology
and develop an evential
analytic to understand the event of victimization. This paper brings together existential philosophy and victimology to offer an alternative
approach to victimization. I engage with the ‘problem of number’ in conventional victimology and offer a critique of quantitative
approaches to victimization based on the unsubstitutability and singularity of existence. Through a discussion of selfhood
and embodiment from an evential standpoint, this paper moves beyond existing victimological approaches to identity. I also
consider the relationship between victimization and trauma. In the final section of the paper I carve out an alternative research
agenda through a discussion of bearing witness and events of victimization. 相似文献
11.
This essay introduces a special issue on the history of kāmaśāstra in medieval India. It briefly reviews the secondary scholarship on the subject from the publication of the first translations
of the genre at the end of the nineteenth century. It highlights the relatively unexplored history of later kāmaśāstra, and stresses the need for contexualized and detailed studies of the many kāmaśāstra treatises produced in the second millennium CE. The introduction, and the essays that follow, also argue for an expanded
interpretive framework for the genre, moving beyond ‘sex’ and ‘sexuality,’ to a more widely defined notion of a ‘kāma world’, in which sensual pleasure is understood as being deeply enmeshed with aesthetic, ethical and cosmopolitan cultures. 相似文献
12.
This paper returns to the question of how to think of justice through Teubner’s recent definition of what he calls juridical justice. Juridical justice is defined as distinct from political, moral, social and theological conceptions of justice. Teubner attempts
to think of an imaginary space for a juridical justice ‘beyond the sites of natural and positive law’ and searches for a conception
of justice as the ‘law’s self-subversive principle’. This article reviews Teubner’s conception of juridical justice and further
proposes a distinction between juridical and non-juridical understandings of justice. 相似文献
13.
Mark Austin Walters 《Critical Criminology》2011,19(4):313-330
This article attempts to put forward a more holistic vision of hate crime causation by exploring the intersections which exist
between three separate criminological theories. Within the extant literature both Robert Merton’s strain theory and Barbara
Perry’s structured action theory of ‘doing difference’ have been widely used to explain why prejudice motivated crimes continue
to pervade most communities. Together the theories help to illuminate the sociological factors which act to create immense
fear of, and hatred towards, various minority identity groups. However, neither of these theories adequately explain why some
individuals commit hate crimes while others, equally affected by socio-economic strains and social constructions of ‘difference’,
do not. This article therefore moves beyond such macro explanations of hate crime by drawing upon Gottfredson and Hirschi’s
A General Theory of Crime (1990). Using typology research carried out by various academics, the article attempts to illustrate how socio-economic strains
and general fears of ‘difference’ become mutually reinforcing determinants, promulgating a culture of prejudice against certain
‘others', which in turn ultimately triggers the hate motivated behaviours of individuals with low self control. 相似文献
14.
Paul Johnson 《Law and Critique》2012,23(1):43-66
This article examines a recent judgment by the European Court of Human Rights (E.B. v France) that upheld the complaint of a homosexual woman who alleged that her application for authorization to adopt a child had
been refused by domestic French authorities on the grounds of her sexual orientation. I argue that the judgment constitutes
an innovative and atypical legal consideration of, and challenge to, the heteronormative social relations of contemporary
European societies. After exploring the evidence presented by the applicant, and the Court’s interpretation of it, I argue
that in order to reach its judgment it was necessary for the Court to make a significant departure from its established jurisprudence
in relation to sexual orientation. An essential element of this involved the adoption of a distinctive critical approach,
strongly resonant with aspects of ‘queer theory’, which focused attention on the social, cultural and political construction
of normative heterosexuality. Whilst a number of commentators have assessed the importance of the judgment in terms of its
evolution of ‘gay rights’ in the area of family life, I argue that the Court’s reconceptualized ‘theoretical’ understanding
of, and critical approach to, heteronormativity offers the potential to expand the scope of the European Convention on Human
Rights across a number of areas of social life—in marriage, public assembly, freedom of expression, as well as family life—where
non-heterosexuals continue to face discrimination in contemporary Europe. 相似文献
15.
Jessica Whyte 《Law and Critique》2009,20(3):309-324
In Homo Sacer, Giorgio Agamben suggests that Herman’s Melville’s ‘Bartleby the Scrivener’ offers the ‘strongest objection against the principle
of sovereignty’. Bartleby, a legal scribe who does not write, is best known for the formula with which he responds to all
his employer’s requests, ‘I would prefer not to.’ This paper examines this formula, asking what it would mean to ‘prefer not
to’ when the law is in question. By reading Melville’s story alongside Aristotle’s theory of potentiality and Walter Benjamin’s
theses on history, it suggests that Bartleby’s interest, for Agamben, lies in his challenge to dominant conceptions of the
relation between potentiality and actuality, which, he believes, are rendered indistinct in sovereignty. By reflecting critically
on Agamben’s depiction of Bartleby as a ‘new Messiah’, this paper examines Agamben’s understanding of what it would mean to
fulfil the law, and what form of political task this would entail. 相似文献
16.
Through two case studies, this essay examines the relationship between the operation and practice of law in Aotearoa New Zealand and the naming of the ‘unlawful’, ‘uncivil’ or ‘disorderly’ within a colonial context. Against the background of the apparent complicity between law and colonial interest and desire in Aotearoa, I argue
that, in both the ‘Haka Party’ case (1979) and Mair v Wanganui City Council (1996), the acts of the defendants draw attention to the relationship between the authority of the law and the repression
or exclusion of difference. According to the judges in both cases, the dictates of Maori law and custom were in conflict with the principles of ‘law and order’. Read in terms of colonial relations, the perceived relationship
between Maori law and custom and the threat to ‘civilization’, law and order reveals the way in which ‘the law’ has operated
in a culturally biased manner and has reflected the interests of Pakeha (New Zealanders of European descent). Thus, the perceived threat of the challenge made to the law in either case can be seen
as the threat to reveal it for what it is, to expose the violence that maintains it, and thus to open a space for critique.
Perhaps more powerfully than any physical attack on the system itself, these acts which expose the law challenge it in the
name of justice, making it possible for the law to be seen both as a reflection of a particular cultural interest and hence as co-opt-able,
takeable and able to be made to serve another end, that of the other in the name of justice.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
17.
18.
Felice Yuen 《Critical Criminology》2011,19(1):75-88
There is increasing awareness and recognition that researchers’ emotions will contribute to a richer and deeper understanding
of what they are studying. Researchers’ emotions as analytic tools are particularly relevant when working with marginalized
or oppressed groups because of the emotional aspect generally associated with human suffering. This paper discusses how adopting
a reflexive practice can help researchers embrace and use their emotions as a part of the research process, enabling a more
humanistic approach to studying crime and those whose marginalization and oppression are intricately tied to their crime.
More specifically, this paper examines my own experiences of doing research with Aboriginal female offenders in a federal
prison. I problematize the process of embracing emotionality by reflecting on the paralysis that evolved in my research with
these women as I experienced an overwhelming sense of despair and hopelessness. I contend that social science in the academic
arena, not unlike many other institutions in society, has adopted a method of surveillance thereby instilling a sense of fear
and judgment upon those working in academic arenas. After describing my reflexive process throughout this emotional paralysis, I describe my discovery of safe spaces as a way of dealing with my emotions and how engaging in creative analytic practice enabled me to clothe my nakedness and vulnerability as I represented, and ultimately re-created my self in the research process.
As part of that evolution, embracing emotionality ultimately enabled me to engage in knowledge building as well as advocacy
with and for Aboriginal women in prison. 相似文献
19.
Larry Alexander 《Law and Philosophy》2012,31(2):213-241
In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates,
or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question
is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation
of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that
turn on the distinction between state action and the acts of non-state actors. I argue that legal doctrines should turn solely
on normative considerations and should not turn on answers to conceptual questions. However, the doctrines I discuss appear
to turn on the conceptual question regarding what is ‘inside’ and ‘outside’ the law. I show how each of these doctrinal areas
appears to raise this conceptual issue, and I explain how the doctrines might or might not escape being held hostage to conceptual
controversy. 相似文献
20.
Scott Newton 《Law and Critique》2006,17(3):325-355
This paper examines the public, private and political in the work of Adriana Cavarero by drawing upon the situations of two
women whose lives feature in her work: Elizabeth I and Penelope. It includes an analysis of the way in which Cavarero is rethinking
Hannah Arendt’s view of ‘the political.’ Cavarero’s exposition of the metaphor of the King’s two bodies in the common law
is explored, along with her critique of hylomorphism. Finally, it extends her work in Stately Bodies by considering different images of the power of the body in later political discourses regarding the worker’s body and the
effect of the advance of techno-science.
This paper was presented at ‘The State He’s In – Political Philosophy and the Figural: A Conference with Adriana Cavarero
on her book Stately Bodies: Literature, Philosophy and the Question of Gender’ at Warwick University, Department of Philosophy in May 2004. I would like to thank Adriana and all the conference participants
for their comments. Thanks also to the referees of this paper. I have kept the informal style of presentation from the conference,
along with the emphasis upon theoretical, rather than historical, analysis. 相似文献