共查询到20条相似文献,搜索用时 31 毫秒
1.
Jacques de Ville 《International Journal for the Semiotics of Law》2008,21(2):117-137
In this article the author explores Jacques Derrida’s reading in The Purveyor of Truth of Edgar Allan Poe’s The Purloined Letter. In his essay, Derrida proposes a reading which differs markedly from the interpretation proposed by Lacan in his Seminar on ‘The Purloined Letter’. To appreciate Derrida’s reading, which is not hermeneutic-semantic in nature like that of Lacan, it is necessary to look
at the relation of Derrida’s essay to his other texts on psychoanalysis, more specifically insofar as the Freudian death drive
is concerned. The present article explores this ‘notion’ as elaborated on by Freud in Beyond the Pleasure Principle as well as Derrida’s reading of this text. It also investigates the importance of the ‘notion’ of the death drive as well
as the significance of Derrida’s reading of The Purloined Letter for constitutional interpretation.
This is a modified version of a paper presented at the Critical Legal Conference, 14–16 September 2007 at Birkbeck Law School,
University of London.
相似文献
Jacques de VilleEmail: |
2.
Jacques de Ville 《International Journal for the Semiotics of Law》2010,23(3):239-242
In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis
takes place with reference to a number of Derrida’s other texts, in particular those on Freud. It is especially Freud’s texts
on dream interpretation and on the dream-work which are of assistance in understanding the background to Derrida’s analysis
of writing in Plato’s pharmacy. The essay shows the close relation between Derrida’s analysis of Plato’s texts and Freud’s study of the dream-work. The
forces at work in dreams, it appears, are at play in all texts, which in turn explains Derrida’s contentions in relation to
the pharmakon as providing the condition of possibility of Plato’s texts. The essay furthermore points to the continuity between this ‘early’
text of Derrida and his ‘later’, seemingly more politico-legal texts of the 1990s. A close reading of Plato’s pharmacy, with its investigation via ‘writing’ of the foundations of metaphysics, and thus also of the Western concept of law, is
obligatory should one wish to comprehend how Derrida attempts to exceed the restricted economy of metaphysics through his
analysis of concepts such as justice and hospitality. 相似文献
3.
Jacques De Ville 《Law and Critique》2008,19(2):87-114
This article questions the common assumptions in legal theory regarding Derrida’s well-known Declarations of Independence. Through a close reading of this text, well-known ground such as the relation between speech and writing, the notion of representation,
speech act theory, the signature, and the proper name is covered. The contribution that this analysis makes in the present
context lies in the additional ‘step’ that it takes. The article seeks to give an explanation of the laws at work in Derrida’s
thinking in the above respects and to explain more specifically how they find expression in Declarations of Independence. The article in this regard also investigates the importance and role of the ‘notions’ of death, loss of meaning, loss of
ownership, and loss of sovereignty in Derrida’s thinking. The contention is that if we take account of Derrida’s reading in
Declarations of Independence, it is possible to view constitutions in a very different way, more specifically their ‘origins’, with inevitable implications
for constitutional interpretation.
相似文献
Jacques De VilleEmail: |
4.
Jacques de Ville 《Law and Critique》2009,20(1):59-78
The Anaximander fragment, in the readings of both Heidegger and Derrida, speaks of that which exceeds positive law. In this
article, the author provides a detailed reading of Heidegger’s Der Spruch des Anaximander, showing how Heidegger relates this fragment to his thinking of Being, the latter having been ‘forgotten’ by metaphysics.
Heidegger’s reading at the same time involves a contemplation of technology and of the ontological relation of beings to each
other. Derrida’s reading of Heidegger’s Der Spruch highlights specifically those parts of Heidegger’s text where that which precedes Being’s gathering, Being’s disjoining or
dissemination, is pointed to. This disjoining, Derrida contends, speaks of the gift of a day more ancient than memory itself
and ties in closely with certain aspects of the thinking of Marx. Derrida’s focus on that which precedes Being is in turn
related to his contemplation of the law or condition of possibility of technology and also of that which makes possible a
relation to the other as other. This condition of possibility, or the gift of Being, which Heidegger’s text also speaks of,
involves a ‘higher law’ which can serve as a ‘measure’ for the evaluation, interpretation and transformation of positive law.
相似文献
Jacques de VilleEmail: |
5.
Jacques de Ville 《Law and Critique》2010,21(1):17-37
In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: (1) reconsidering the way
in which Foucault’s texts, and especially the more recently published lectures, should be read; and (2) establishing the relation
between law and madness. The article firstly calls for a reading of Foucault which exceeds metaphysics with the security it
offers, by taking account of Derrida’s reading of Foucault as well as of the heterogeneity of Foucault’s texts. The article
reflects in detail on a text of Derrida on Foucault (‘Cogito and the History of Madness’) as well as a text of Foucault on
Blanchot (‘Maurice Blanchot: The Thought from Outside’). The latter text shows that Foucault was at times acutely aware of
the difficulty involved in exceeding metaphysics and that he realised the importance in this regard of a reflection on literature.
These reflections tie in closely with Foucault’s History of Madness as well as with Derrida’s reflections on literature and on madness. Both Derrida and Foucault contend that law has much to
learn from literature in understanding the relation between itself and madness. Literature more specifically points to law’s
‘origin’ in madness. The article contends that a failure to take seriously this origin, also in the reading of Foucault’s
lectures, would amount to a denial by law of itself. 相似文献
6.
Markus Gunneflo 《Law and Critique》2012,23(1):67-82
The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant
amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an
attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921,
‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities
of ‘legal violence’—lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that
the Court exercises jurisdiction over these killings in the first place, the decision on the applicable law as well as the
interpretation of that law, the article finds that the targeted killing judgment collapses this distinction in a different
way from that foreseen by Benjamin. Hence, the article argues, the targeted killing judgment is best understood as a form
of administrative foundational violence. In conclusion Judith Butler’s reading of Benjamin’s notion of ‘divine violence’ is
considered, particularly his use of the commandment, ‘thou shalt not kill’, as a non-violent violence that must be waged against
the kind of legal violence of which the targeted killing judgment is exemplary. 相似文献
7.
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
8.
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
9.
Panu Minkkinen 《Law and Critique》2008,19(1):65-85
The essay discusses law’s inability to address the phenomenon of human suffering and, at the same time, investigates a possible
theoretical kinship between Walter Benjamin’s notion of ‘the expressionless’ and Emmanuel Levinas’s understanding of suffering
as the foundation of an interhuman ethics. The kinship between Levinas and Benjamin is examined with reference to suffering
in the visual arts and, more specifically, in Matthias Grünewald’s Isenheim Altarpiece and Francis Bacon’s crucifixion triptychs.
The essay argues that in the crucifixion scenes of both Grünewald’s medieval altarpiece and Bacon’s triptychs, suffering is
what constitutes ‘the expressionless’. After every detail of the image, every element of attribute, motif, composition and
colour have been accurately depicted, a residue still remains, an ethical truth that cannot be appropriated into a meaningful
unity but that nevertheless calls for a response. While law must always give suffering a utilitarian value in its attempts
to assign responsibility for the injury occurred, the essay argues that the fragmentariness in all true art that Benjamin
calls ‘the expressionless’ is akin to Levinas’s understanding of the constitutional uselessness of suffering, its essence
as ‘for nothing’.
相似文献
Panu MinkkinenEmail: |
10.
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: |
11.
Elina Staikou 《International Journal for the Semiotics of Law》2010,23(3):283-298
The article attempts to think friendship in its relation to law and justice and provides some arguments for the importance
of this concept in Derrida’s ethical, legal and political philosophy. It draws on early texts such as Of grammatology and reads them in conjunction with later texts such as The animal that therefore I am. The relation of friendship to law and justice is explored by means of Derrida’s notion of “degenerescence” understood as
the necessity or law of indeterminateness that cuts across, both limiting and de-limiting, all laws, types and generic partitions,
for instance, juridical (natural and positive right), humanistic (human and animal), anthropological (sexual difference),
philosophical (physis and nomos). Drawing on Derrida’s readings of “sexual difference” in Heidegger and the latter’s evocation of “the voice of the friend”
in Being and time, the article addresses the theme of Geschlecht and articulates the exigency to think sexual difference beyond duality together with the exigency to rethink law and right
otherwise than on the ground of nativity and “natural fact” and in terms of what Derrida calls “a friendship prior to friendships”
at the origin of all law and socius. 相似文献
12.
Daniel Raveh 《Journal of Indian Philosophy》2008,36(2):319-333
The article offers a close reading of the famous upanişadic story of Indra, Virocana and Prajāpati from the eighth chapter
of the Chāndogya-Upanişad versus Śankara’s bhāşya, with special reference to the notions of suşupti and turīya. That Śankara is not always loyal to the Upanişadic texts is a well-known fact. That the Upanişads are (too) often read
through Śan-kara’s Advaitic eyes is also known. The following lines will not merely illustrate the gap between text and commentary
but will also reveal an unexpected Upanişadic depiction of ‘dreamless sleep’ and ‘transcendental consciousness’. Suşupti is described here as ‘one step too far’, as a ‘break’ or discontinuity in one’s consciousness; whereas turīya is depicted positively, and surprisingly even in wordly terms. Unlike the third state of consciousness in which there is
no ‘world’ nor ‘me’, and which is described through Indra’s character as ‘total destruction’ (vināśa); in turīya, the world ‘comes back’, or rather the ‘renouncer’ returns to the world. Sankara’s position, as far as the story under discussion
is concerned, is radically different. For him, the Upanişadic story illustrates the continuity of consciousness in all its states. For him, the identification with merely one of the consciousness-states
is an error (adhyāsa) which causes suffering. Consciousness prevails even in suşupti, and turīya has nothing to do with ‘coming back to the world’, since there is nowhere to come back from or to. Turīya, as seen by the Advaitin, consists of all the other states of consciousness together, or as K. C. Bhattacharyya puts it,
‘It is not only a stage among stages; it is the truth of the other stages’.
The article is dedicated to Prof. Daya Krishna (1924-2007). 相似文献
13.
Jeanne L. Schroeder 《Law and Critique》2007,18(1):117-142
H.L.A. Hart’s jurisprudence seems antithetical to Jacques Lacan’s psychoanalysis. Professor Schroeder argues that, in fact,
Hart’s concept of law has surprising similarities to Lacan’s ‘discourse of the Master’. Both reject a command theory of law:
subjects do not obey law out of fear. Moreover, both insist that the authority of law is completely independent from its content.
Anyone seeking to develop a psychoanalytically sophisticated critical legal theory should reconsider Hart. As insightful as
his concept of the symbolic is, Lacan has no expertise in legal systems and does not discuss positive law per se. Although he posited a theory of ethics in his Seventh Seminar and the seeds of a jurisprudence are implicit within his theory,
he offers no account of legal right, justice or what Hart misleadingly calls ‘morality’. A Lacanian jurisprudence must, therefore,
be supplemented by other sources.
Moreover, legal positivists should not dismiss psychoanalysis. As insightful as Hart’s jurisprudence is, his theories of legal
subjectivity and linguistics are simplistic and his concept of law too narrow. He describes only one aspect of legal experience:
obedience to law. He ignores what most legal actors do: Hart’s concept of law excludes the practice of law. Although Lacan’s ‘master’s discourse’ surprisingly parallels Hart’s jurisprudence, Lacan does not restrict the symbolic
to the master’s discourse. It requires three other ‘discourses’. Lacan, therefore, supplements Hart. Specifically, Lacan’s
fourth discourse describes the excluded practice of law and provides the mechanism by which ‘morality’ can critique law.
相似文献
Jeanne L. SchroederEmail: |
14.
L. M. Moncrieff 《Law and Critique》2011,22(3):273-293
This article investigates links between the final scene—the milkshake scene—of P. T. Anderson’s film, ‘There Will Be Blood’,
and a commercial advertisement for the sale of oil, which relies on a milkshake drinking analogy. The comparison probes a
tension between the aspiration for capitalist economic growth and the self-regulation of corporate social responsibility (CSR).
Business figures committed to the practice of CSR struggle with the possibility that deeper, systemic forms of violence inherent
in market competition supersede their attempts at installing more responsible cycles of economic exchange. A risk remains,
all the while, that social and environmental concern of the kind expressed in CSR is only able to acquire ‘value’ in the market,
a relational or ‘dialectical’ system of exchange, where it meets contrasting cycles or events in the market: the value of
alternatives (e.g. ‘going green’) is predicated on pre-existing products or earlier cycles of marketisation. The article discusses
difficulties that CSR creates in terms of making interventions and raising conflict with corporate actors, and a tendency
for the system to leave inert, exposed or abandoned, those that try. The capacity of CSR to eradicate the more vicious shadow
of capitalist markets is challenged in the article. There is no release, the author argues, in a concept that is so essentially
dependent on market mechanisms and on competitively motivated (ex)change. 相似文献
15.
Using our own experiences in attempting to ‘do’ public criminology in the wake of a violent sexual assault on our campus,
we offer a critique of the emerging public criminology framework. Focusing specifically on tensions between fact and emotion
and representations of expertise in the news media, we argue for a greater respect for emotional responses to crime in moving
the public criminology agenda forward. We suggest that if public criminology sets as its goal educating the public about crime
with an eye towards injecting a counter/critical discourse into ‘get tough’ crime control policies, then public criminologists
need to recognize and take seriously the public’s emotions rather than negate them. Drawing on the work of Ahmed (The cultural
politics of emotion. Routledge, London, 2004), we suggest that the role of the expert is not to simply inform citizens of the ‘facts’ about crime, but to establish—through
emotions—the relationship between themselves and the imagined criminal Other (Young in Imagining crime: Textual outlaws and criminal conversations.
Sage Publications, London, 1996). Thus, alongside trying to convince the public to be more ‘rational’ when it comes to crime, critical criminologists must
start to accept people’s fear and anger as legitimate reactions and try to redirect these emotions toward more productive
ends. 相似文献
16.
Constructing Women Who Experience Male Violence: Criminal Legal Discourse and Individual Experiences
Helen Baker 《Liverpool Law Review》2008,29(2):123-142
This article examines the relationship between how women who experience violence from a male partner construct themselves,
and how criminal legal discourse constructs female victims of violence. It is argued that in both arenas, women are constructed
according to norms which emanate from a discourse of conventional femininity which operates together with a practice of shame.
Utilising empirical data gained from qualitative interviews with women who experienced male violence, the article contends
that the construction of the female victim of violence in criminal legal discourses as imbued with stereotypical ‘feminine’
characteristics such as passivity and weakness, may influence these women’s own construction and understanding of themselves.
The existence of a practice of shame further consolidates the self-regulation of the women themselves to these norms of femininity.
This construction is posited to be problematic as the experiences of women of male violence rarely ‘fit’ within these explanations.
The article contends that in order to better understand women’s experiences of male violence; both criminal legal and individual
women’s discourses need to be read in terms of the power, knowledge and effects which they exert upon individual women. It
is argued that this alternative reading of these discourses has the potential for transformation as they are invested in the
subject.
相似文献
Helen BakerEmail: |
17.
Community Safety Units in the London Metropolitan Police handle over 9000 reported incidents of ‘hate’ crime each month. This
paper explores the work of these Units through its conceptualisation of the notion of vulnerability. The workload of the CSUs
includes domestic, racist and homophobic incidents. The victim/perpetrator relationship, it is assumed, provides special motivation
for the offender's violence and requires police to consider special support for the victim. The paper begins with an exploration of how the MPS conceptualises
‘hate crime’. Its rationale for dedicated resources for the policing of particular forms of violence can be found, I suggest
in the second part of the paper, in the way in which violence itself is conceptualised. I then offer a different term for
thinking about hate crime – targeted violence. I go on to argue in depth how the(faulty) logic about violence obscures our
ability to take people's ordinary experiences of intimidation, threat and bodily harm seriously in law and in society. The
term ‘hate crime’, I conclude, in advertently reinforces this (faulty) logic.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
18.
19.
In the United States, infamous crimes against innocent victims—especially children—have repeatedly been regarded as justice
system “failures” and resulted in reactionary legislation enacted without regard to prospective negative consequences. This
pattern in part results when ‘memorial crime control’ advocates implicitly but inappropriately apply the tenets of routine
activities theory, wherein crime prevention is presumed to be achievable by hardening likely targets, increasing the costs
associated with crime commission, and removing criminal opportunity. In response, the authors argue that academic and public
policy discourse will benefit from the inclusion of a new criminological perspective called random activities theory, in which tragic crimes are framed as rare but statistically inevitable ‘Black Swans’ instead of justice system failures.
Potential objections and implications for public policy are discussed at length. 相似文献
20.
Philip T. Grier 《International Journal for the Semiotics of Law》2009,22(1):61-68
Semioticians traditionally honor Russian linguistics of the early 20th century, and study Jakobson, Vinogradov, Vinokur or the early Trubetzkoy. They do, however, seldom consider
Russian philosophers of the same period. Gustav Shpet is an important representative of Russian philosophers in discussion with Hegel, Neo-Kantian
thinkers and contemporaries in Russia and abroad, among them Edmund Husserl, originator of transcendental phenomenology. Shpet
introduced Husserl’s phenomenology in Russia and expanded those ideas in his 1914 Appearance and Sense. A triangle “Hegel—Husserl—semiotics” emerged where Shpet emphasized the concept of discourse in phenomenology: a philosophical
challenge to modern semiotics.
Significant portions of the material in this paper were originally prepared for publication in a chapter contributed to the
volume A History of Russian Philosophy, 1830–1930, ed. Gary Hamburg and Randall Poole (Cambridge University Press, forthcoming), and are used here in a different context with
the kind permission of that publisher.
相似文献
Philip T. GrierEmail: |