The philosopher’s courtly love? Leo strauss, eros, and the law

This essay poses a critical response to Strauss’ political philosophy that takes as its primary object Strauss’ philosophy of Law. It does this by drawing on recent theoretical work in psychoanalytic theory, conceived after Jacques Lacan as another, avowedly non-historicist theory of Law and its relation to eros. The paper has four parts. Part I, ‘The Philosopher’s Desire: Making an Exception, or “The Thing Is...’’’, recounts Strauss’ central account of the complex relationship between philosophy and ‘the city’. Strauss’ Platonic conception of philosophy as the highest species of eros is stressed, which is that aspect of his work which brings it into striking proximity with the Lacanian-psychoanalytic account of the dialectic of desire and the Law. Part II, ‘Of Prophecy and Law’, examines Strauss’ analysis of Law as first presented in his 1935 book, Philosophy and Law, and central to his later ‘rebirth of classical political philosophy’. Part III, ‘Primordial Repression and Primitive Platonism’, is the central part of the paper. Lacan’s psychoanalytic understanding of Law is brought critically to bear upon Strauss’ philosophy of Law. The stake of the position is ultimately how, for Lacanian psychoanalysis, the Law is transcendental to subjectivity, and has a founding symbolic force, which mitigates against speaking of it solely or primarily in terms of more or less inequitable ‘rules of thumb’, as Plato did. Part IV, ‘Is the Law the Thing?’ then asks the question of what eros might underlie Strauss’ paradoxical defense of esoteric writing in the age of ‘permissive’ modern liberalism – that is, outside of the ‘closed’ social conditions which he, above all, alerts us to as the decisive justification for this ancient practice.     

Devolution and Celtic nationalism in the UK

Other than the Scottish, Welsh and Northern Ireland Offices, the UK is exceptional in lacking a uniform level of government or administration between central and local government. There have been various attempts to fill this gap. The most important arose because of an upsurge of Celtic nationalism in the early 1960s which resulted in the Scotland and Wales Acts of 1978. Neither was implemented, however, and both were rescinded in 1979. Whether this issue will return is problematic: the British political tradition is indelibly unitary as is its socio‐economic structure. In addition, moderate Celtic aspirations may have been met by unobtrusive devolutionary changes such as language concessions, the strengthening of the Offices and various symbolic changes in the field of sport.     

Realpolitik or Imperial Hubris: The Latin American Drug War and U.S. Foreign Policy in Iraq

Robert Kaplan has suggested that America employ elsewhere the same “stealth imperialism” tactics as are being used to combat drugs and guerrillas in Colombia. In fact, decades of U.S. efforts there have achieved little. The real lessons to be learned from Colombia are the perils of relying on flawed assumptions about the threat presented; the difficulties of creating and training a military capable of achieving U.S. objectives; and the risk of mistaking symbols, signals, and credibility for core U.S. interests. Moreover, in both regions, policymakers often fail to understand the fundamental sources of the conflict, particularly class, ethnicity, and nationalism. They incorrectly believe that U.S. policy has nothing to do with the continuation of the conflict and presume U.S. omnipotence.     

English Transgender Law Reform and the Spectre of Corbett

This article will provide a critique of tworecent English marriage law decisions, thefirst concerning a (female to male) transgenderman and the second a (male to female)intersexed woman. It will do so throughconsideration of the dialogue between each andthe landmark transgender case of Corbett v. Corbett. It will highlight howboth decisions, in seeking to minimise the factof `departure' from Corbett, serve toreproduce key elements of that decision whichserve to undermine the future prospects fortransgender law reform in the English context.In particular, both decisions, in differentways, or with different emphases, ensure that`legal sex' continues to be determined by(bio)logical and temporal factors. Crucially,however, as in Corbett, it is legalanxiety over the boundaries of the `natural',and the homophobia of law, that underscoresthis anxiety, that account for these particularconstructions of `legal sex'.     

Enhancing the redistributive capacity of the Chinese state? Impact of fiscal reforms on county finance

This article seeks to test the degree to which ASEAN has been able to develop a security identity based on its collectively held norms. The article begins by isolating two norms that are central to ASEAN, namely non-intervention in the internal affairs of sovereign states and non-use of force. The article then seeks to determine how consistently these norms have been upheld within ASEAN by analysing the policies of member states during two major crises where these norms were threatened: the 1979 Vietnamese invasion of Cambodia (Kampuchea) and the 1995 Chinese occupation of Mischief Reef. If member states pursued policies which upheld the norms in question (even where alternative unilateral policies may have been more beneficial to them), then this would suggest such a security identity existed. On the other hand, should unilateral interests take precedence over the will to uphold these collective norms, questions must be raised over the strength of ASEAN'60 Col No: 189;s security identity, both then and now.     

Will Gender Self-Declaration Undermine Women's Rights and Lead to an Increase in Harms?

This article considers and rejects claims that reform of the Gender Recognition Act 2004 (GRA) to allow gender self-declaration will undermine non-trans women's rights and lead to an increase in harms to non-trans women. The article argues that these claims are founded on a mistaken understanding of the proper legal relationship between the GRA and the Equality Act 2010 (EA), and that the harm claim, in any event, lacks a proper evidential basis. The article considers three legal arguments made by gender critical feminists: that sex-based exceptions under the EA cannot be invoked against trans women with a Gender Recognition Certificate (GRC), that the appropriate legal comparator for a trans woman non GRC-holder in a discrimination case is a non-trans man, and that section 22 of the GRA, which protects the privacy of GRC-holders, undermines the ability of women's organisations to regulate access to women-only spaces.