What makes the rule of law so special that it is to conscientiously punish the â oebadâ doers and reward the â oegoodâ onesâ "such that, where there is the rule of law, peace and order are to be expected, so that â oethe rule of law is better than the rule of any individualâ? Take the case of international law, as an illustration. While different international courts have been busy going after the killers of innocent victims in Rwanda (...) and Liberia, they have turned a blind eye to the major powers which have killedâ "on a much larger and more brutal scale, by comparisonâ "innocent civilians in Iraq and Afghanistan, just to cite two current examples. Contrary to the conventional wisdom conveniently held by many in human history, the rule of law has its other side which has not yet been systematically understood, such that the rule of law is neither possible nor desirable to the extent that the defenders of legal institutions in human history would like us to believe. Lest any misunderstanding hastily occur, this is not to imply that the rule of law is absolutely useless, or that the literature in jurisprudence (and other related fields like political philosophy, ethics, law and economics, and the sociology of law) should be dismissed because of its scholarly irrelevance. Of course, neither of these two extreme views is reasonable either. Instead, this book provides an alternative (better) way to understand the nature of law, in relation to its necessity and contingency in the context of justiceâ "while learning from different approaches in the literature but without favoring any one of them (nor integrating them, since they are not necessarily compatible with each other). In the process, this book offers a new theory to transcend the existing approaches in the literature in a new directionâ "in that, in the end, there is no justice without injustice and that it will be transcended too. This seminal project, if successful, will fundamentally change the way that we think about the nature of law, from the combined perspectives of the mind, nature, society, and culture, with enormous implications for the human future and what I originally called its â oepost-humanâ fate. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:540 BOOK REVIEWS automatically without requiring the intervention of human beings who are convinced of its validity" (p. 356). If, however, a representative legislature, acting according to proper constitutional procedures, should decide to effect a strict egalitarian redistribution of property, then on Kant's theory this decision of the general will would be perfectly rightful and legitimate. The wealthy could not complain that their rightful property was being taken from (...) them because their actual or peremptory right to any property whatever is conditional on submitting themselves to the general will and to whatever laws of distribution it might choose to give. The state's only responsibility here would be to make sure that each citizen's right to freedom, equality, and independence is pro· tected; and Kant was even aware to some extent (if not as much as he might have been) that under a genuinely republican system, it is always the unequal distribution of property in society which poses the most serious threat to these rights. In spirit, therefore, Kant's theory is at the very opposite end of the political spectrum from theories of the minimal or nightwatchman state. Cornell University Ithaca, New York ALLEN W. Wooo History Making History: The New Historicism in American Religious Thought. By WILLIAM DEAN. Albany: State University of New York Press, 1988. Pp. xiv + 175. $57.50 (hardcover) ; $18.95 (paper). This hook sets out to explicate, not historicism generally, hut a particular local and American variety thereof. Indeed one of Dean's major points concerns the importance of " local knowledge." He is addressing readers located, for better or worse, in American institutions, in a time and space shaped by American experience. These, he argues, need to cultivate a distinctively American way of knowing in philosophy and religion, a way of knowing that will be historicist, pragmatic, and empirical in character; adopting it would require important revisions in how we conceive and practice theology. Like all good historicists, Dean presents his argument by telling a story, creating a narrative context for the understanding of ideas. The story is most immediately about a group of contemporary thinkers that includes secular philosophers (Richard Bernstein, Nelson Goodman, Hilary Putnam, Richard Rorty), philosophers of religion and ethics (Jeffrey Stout, Corne! West), theologians (Gordon Kaufman, Mark C. Taylor), and a lone literary critic, Frank Lentriccia. By treating these writers together as " the new American historicists," Dean hopes to BOOK REVIEWS 541 show that they exemplify a distinctive style of thought that is both locally valid (because rooted in American traditions and practices) and religiously interesting. At the same time, the new historicists suffer from an ironic case of intellectual amnesia. While they consistently stress the inevitability of tradition and context in shaping thought, these writers often seem oblivious to the uniquely American tradition in which they stand. Thus Dean reaches back to recover elements of an older American historicism with roots in pragmatism, religious naturalism, and the liberal Protestantism of the prewar " Chicago School." The thought of these illustrious precursors, he argues, can help save today's historicists from the formalism that is their constant temptation. But what is historicism? Dean makes an emphatic distinction be· tween the historicism that grows out of the German idealist tradition and the historicism that " can be traced to the classical era in Ameri· can philosophy," e.g., to the thought of the pragmatists (p. 2). When Dean speaks of the older, idealist-influenced historicism he does not mean simply Ernst Troeltsch's famous proposal for a form of cultural and religious relativism; he is painting with a much broader brush. " Continental " historicism means for him something more like the idealist conviction concerning the " historicity " of the subject. After Kant, we do not simply apprehend the world, we construe it; and ever since Kant we have become more and more aware that we do so from particular, contingent perspectives. " Historicism" in this wide sense might be taken as a thesis about the inevitability of hermeneutics. But belief in the necessity of interpretation or hermeneutics is com· patible with affirming the reality of certain universal anthropological structures, e.g., of "reason" or "subjectivity" or "understanding". It is just such structures, Dean argues... (shrink)

continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has (...) followed, has been a defense against horror and madness. Kant's prohibition on speculative metaphysics such as dogmatic metaphysics and transcendental realism, on thinking beyond the imposition of transcendental and moral constraints, has been challenged by numerous figures proceeding him. One of the more interesting critiques of Kant comes from the mad black Deleuzianism of Nick Land stating, “Kant’s critical philosophy is the most elaborate fit of panic in the history of the Earth.” And while Alain Badiou would certainly be opposed to the libidinal investments of Land's Deleuzo-Guattarian thought, he is likewise critical of Kant's normative thought-bureaucracies: Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism—always asking Quid Juris? Or ‘Haven’t you crossed the limit?’—combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [….] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism. I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it. An entire nexus of the limits of reason and philosophy are set up here, namely that the critical philosophy not only defends thought from madness, philosophy from madness, and philosophy from itself, but that philosophy following the advent of the critical enterprise philosophy becomes auto-vampiric; feeding on itself to support the academy. Following Francois Laruelle's non-philosophical indictment of philosophy, we could go one step further and say that philosophy operates on the material of what is philosophizable and not the material of the external world. [1] Beyond this, the Kantian scheme of nestling human thinking between our limited empirical powers and transcendental guarantees of categorical coherence, forms of thinking which stretch beyond either appear illegitimate, thereby liquefying both pre-critical metaphysics and the ravings of the mad in the same critical acid. In rejecting the Kantian apparatus we are left with two entities – an unsure relation of thought to reality where thought is susceptible to internal and external breakdown and a reality with an uncertain sense of stability. These two strands will be pursued, against the sane-seal of post-Kantian philosophy by engaging the work of weird fiction authors H.P. Lovecraft and Thomas Ligotti. The absolute inhumanism of the formers universe will be used to describe a Shoggothic Materialism while the dream worlds of the latter will articulate the mad speculation of a Ventriloquil Idealism. But first we must address the relation of philosophy to madness as well as philosophy to weird fiction. /1/ – Philosophy and Madness There is nothing that the madness of men invents which is not either nature made manifest or nature restored. Michel Foucault. Madness and Civilization. The moment I doubt whether an event that I recall actually took place, I bring the suspicion of madness upon myself: unless I am uncertain as to whether it was not a mere dream. Arthur Schopenhauer. The World as Will and Idea, Vol. 3. Madness is commonly thought of as moving through several well known cultural-historical shifts from madness as a demonic or otherwise theological force, to rationalization, to medicalization psychiatric and otherwise. Foucault's Madness and Civilization is well known for orientating madness as a form of exclusionary social control which operated by demarcating madness from reason. Yet Foucault points to the possibility of madness as the necessity of nature at least prior to the crushing weight of the church. Kant’s philosophy as a response to madness is grounded by his humanizing of madness itself. As Adrian Johnston points out in the early pages of Time Driven pre-Kantian madness meant humans were seized by demonic or angelic forces whereas Kantian madness became one of being too human. Madness becomes internalized, the external demonic forces become flaws of the individual mind. Foucault argues that, while madness is de-demonized it is also dehumanized during the Renaissance, as madmen become creatures neither diabolic nor totally human reduced to the zero degree of humanity. It is immediately clear why for Kant, speculative metaphysics must be curbed – with the problem of internal madness and without the external safeguards of transcendental conditions, there is nothing to formally separate the speculative capacities for metaphysical diagnosis from the mad ramblings of the insane mind – both equally fall outside the realm of practicality and quotidian experience. David-Menard's work is particularly useful in diagnosing the relation of thought and madness in Kant's texts. David-Menard argues that in Kant's relatively unknown “An Essay on the Maladies of the Mind” as well as his later discussion of the Seer of Swedenborg, that Kant formulates madness primarily in terms of sensory upheaval or other hallucinatory theaters. She writes: “madness is an organization of thought. It is made possible by the ambiguity of the normal relation between the imaginary and the perceived, whether this pertains to the order of sensation or to the relations between our ideas” Kant's fascination with the Seer forces Kant between the pincers of “aesthetic reconciliation” – namely melancholic withdrawal – and “a philosophical invention” – namely the critical project. Deleuze and Guattari's schizoanalysis is a combination and reversal of Kant's split, where an aesthetic over engagement with the world entails prolific conceptual invention. Their embrace of madness, however, is of course itself conceptual despite all their rhizomatic maneuvers. Though they move with the energy of madness, Deleuze and Guattari save the capacity of thought from the fangs of insanity by imbuing materiality itself with the capacity for thought. Or, as Ray Brassier puts it, “Deleuze insists, it is necessary to absolutize the immanence of this world in such a way as to dissolve the transcendent disjunction between things as we know them and as they are in themselves”. That is, whereas Kant relied on the faculty of judgment to divide representation from objectivity Deleuze attempts to flatten the whole economy beneath the juggernaut of ontological univocity. Speculation, as a particularly useful form of madness, might fall close to Deleuze and Guattari’s shaping of philosophy into a concept producing machine but is different in that it is potentially self destructive – less reliant on the stability of its own concepts and more adherent to exposing a particular horrifying swath of reality. Speculative madness is always a potential disaster in that it acknowledges little more than its own speculative power with the hope that the gibbering of at least a handful of hysterical brains will be useful. Pre-critical metaphysics amounts to madness, though this may be because the world itself is mad while new attempts at speculative metaphysics, at post-Kantian pre-critical metaphysics, are well aware of our own madness. Without the sobriety of the principle of sufficient reason we have a world of neon madness: “we would have to conceive what our life would be if all the movements of the earth, all the noises of the earth, all the smells, the tastes, all the light – of the earth and elsewhere, came to us in a moment, in an instant – like an atrocious screaming tumult of things”. Speculative thought may be participatory in the screaming tumult of the world or, worse yet, may produce its spectral double. Against theology or reason or simply commonsense, the speculative becomes heretical. Speculation, as the cognitive extension of the horrorific sublime should be met with melancholic detachment. Whereas Kant's theoretical invention, or productivity of thought, is self -sabotaging, since the advent of the critical project is a productivity of thought which then delimits the engine of thought at large either in dogmatic gestures or non-systematizable empirical wondrousness. The former is celebrated by the fiction of Thomas Ligotti whereas the latter is espoused by the tales of H.P. Lovecraft. /2/ – Weird Fiction and Philosophy. Supernatural horror, in all its eerie constructions, enables a reader to taste treats inconsistent with his personal welfare. Thomas Ligotti Songs of a Dead Dreamer. I choose weird stories because they suit my inclination best—one of my strongest and most persistent wishes being to achieve,momentarily, the illusion of some strange suspension or violation of the galling limitations of time, space, and natural law which forever imprison us and frustrate our curiosity about the infinite cosmic spaces beyond the radius of our sight and analysis H.P. Lovecraft. “Notes on Writing Weird Fiction” Lovecraft states that his creation of a story is to suspend natural law yet, at the same time, he indexes the tenuousness of such laws, suggesting the vast possibilities of the cosmic. The tension that Lovecraft sets up between his own fictions and the universe or nature is reproduced within his fictions in the common theme of the unreliable narrator; unreliable precisely because they are either mad or what they have witnessed questions the bounds of material reality. In “The Call of Cthulhu” Lovecraft writes: The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents. We live on a placid island of ignorance in the midst of black seas of infinity, and it was not meant that we should voyage far. The sciences, each straining in its own direction, have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the deadly light into the peace and safety of a new dark age. Despite Lovecraft's invocations of illusion, he is not claiming that his fantastic creations such as the Old Ones are supernatural but, following Joshi, are only ever supernormal. One can immediately see that instead of nullifying realism Lovecraft in fact opens up the real to an unbearable degree. In various letters and non-fictional statements Lovecraft espoused strictly materialist tenets, ones which he borrowed from Hugh Elliot namely the uniformity of law, the denial of teleology and the denial of non-material existence. Lovecraft seeks to explore the possibilities of such a universe by piling horror upon horror until the fragile brain which attempts to grasp it fractures. This may be why philosophy has largely ignored weird fiction – while Deleuze and Guattari mark the turn towards weird fiction and Lovecraft in particular, with the precursors to speculative realism as well as contemporary related thinkers have begun to view Lovecraft as making philosophical contributions. Lovecraft's own relation to philosophy is largely critical while celebrating Nietzsche and Schopenhauer. This relationship of Lovecraft to philosophy and philosophy to Lovecraft is coupled with Lovecraft's habit of mercilessly destroying the philosopher and the figure of the academic more generally in his work, a destruction which is both an epistemological destruction and an ontological destruction. Thomas Ligotti's weird fiction which he has designated as a kind of “confrontational escapism” might be best described in the following quote from one of his shortstories, “The human phenomenon is but the sum of densely coiled layers of illusion each of which winds itself on the supreme insanity. That there are persons of any kind when all there can be is mindless mirrors laughing and screaming as they parade about in an endless dream”. Whereas Lovecraft's weirdness draws predominantly from the abyssal depths of the uncharted universe, Ligotti's existential horror focuses on the awful proliferation of meaningless surfaces that is, the banal and every day function of representation. In an interview, Ligotti states: We don't even know what the world is like except through our sense organs, which are provably inadequate. It's no less the case with our brains. Our whole lives are motored along by forces we cannot know and perceptions that are faulty. We sometimes hear people say that they're not feeling themselves. Well, who or what do they feel like then? This is not to say that Ligotti sees nothing beneath the surface but that there is only darkness or blackness behind it, whether that surface is on the cosmological level or the personal. By addressing the implicit and explicit philosophical issues in Ligotti's work we will see that his nightmarish take on reality is a form of malevolent idealism, an idealism which is grounded in a real, albeit dark and obscure materiality. If Ligotti's horrors ultimately circle around mad perceptions which degrade the subject, it takes aim at the vast majority of the focus of continental philosophy. While Lovecraft's acidic materialism clearly assaults any romantic concept of being from the outside, Ligotti attacks consciousness from the inside: Just a little doubt slipped into the mind, a little trickle of suspicion in the bloodstream, and all those eyes of ours, one by one, open up to the world and see its horror [...] Not even the solar brilliance of a summer day will harbor you from horror. For horror eats the light and digests it into darkness. Clearly, the weird fiction of Lovecraft and Ligotti amount to a anti-anthrocentric onslaught against the ramparts of correlationist continental philosophy. /3/ – Shoggothic Materialism or the Formless Formless protoplasm able to mock and reflect all forms and organs and processes—viscous agglutinations of bubbling cells—rubbery fifteen-foot spheroids infinitely plastic and ductile—slaves of suggestion, builders of cities—more and more sullen, more and more intelligent, more and more amphibious, more and more imitative—Great God! What madness made even those blasphemous Old Ones willing to use and to carve such things? H.P. Lovecraft. “At the Mountains of Madness” On the other hand, affirming that the universe resembles nothing and is only formless amounts to saying that the universe is something like a spider or spit. Georges Bataille. “Formless”. The Shoggoths feature most prominently in H.P. Lovecraft's shortstory “At the Mountains of Madness” where they are described in the following manner: It was a terrible, indescribable thing vaster than any subway train – a shapeless congeries of protoplasmic bubbles, faintly self -luminous, and with myriads of temporary eyes forming and un-forming as pustules of greenish light all over the tunnel-filling front that bore down upon us, crushing the frantic penguins and slithering over the glistening floor that it and its kind had swept so evilly free of all litter. The term is a litmus test for materialism itself as the Shoggoth is an amorphous creature. The Shoggoths were living digging machines bio engineered by the Elder Things, and their protoplasmic bodies being formed into various tools by their hypnotic powers. The Shoggoths eventually became self aware and rose up against their masters in an ultimately failed rebellion. After the Elder Ones retreated into the oceans leaving the Shoggoths to roam the frozen wastes of the Antarctic. The onto-genesis of the Shoggoths and their gross materiality, index the horrifyingly deep time of the earth a concept near and dear to Lovecraft's formulation of horror as well as the fear of intelligences far beyond, and far before, the ascent of humankind on earth and elsewhere. The sickly amorphous nature of the Shoggoths invade materialism at large, where while materiality is unmistakably real ie not discursive, psychological, or otherwise overly subjectivist, it questions the relation of materialism to life. As Eugene Thacker writes: The Shoggoths or Elder Things do not even share the same reality with the human beings who encounter them—and yet this encounter takes place, though in a strange no-place that is neither quite that of the phenomenal world of the human subject or the noumenal world of an external reality. Amorphous yet definitively material beings are a constant in Lovecraft's tales. In his tale “The Dream-Quest of Unknown Kadatth” Lovecraft describes Azathoth as, “that shocking final peril which gibbers unmentionably outside the ordered universe,” that, “last amorphous blight of nethermost confusion which blashphemes and bubbles at the centre of all infinity,” who, “gnaws hungrily in inconceivable, unlighted chambers beyond time”. Azathoth's name may have multiple origins but the most striking is the alchemy term azoth which is both a cohesive agent and a acidic creation pointing back to the generative and the decayed. The indistinction of generation and degradation materially mirrors the blur between the natural and the unnatural as well as life and non-life. Lovecraft speaks of the tension between the natural and the unnatural is his short story “The Unnameable.” He writes, “if the psychic emanations of human creatures be grotesque distortions, what coherent representation could express or portray so gibbous and infamous a nebulousity as the spectre of a malign, chaotic perversion, itself a morbid blasphemy against Nature?”. Lovecraft explores exactly the tension outlined at the beginning of this chapter, between life and thought. At the end of his short tale Lovecraft compounds the problem as the unnameable is described as “a gelatin—a slime—yet it had shapes, a thousand shapes of horror beyond all memory”. Deleuze suggests that becoming-animal is operative throughout Lovecraft's work, where narrators feel themselves reeling at their becoming non-human or of being the anomalous or of becoming atomized. Following Eugene Thacker however, it may be far more accurate to say that Lovecraft's tales exhibit not a becoming-animal but a becoming-creature. Where the monstrous breaks the purportedly fixed laws of nature, the creature is far more ontologically ambiguous. The nameless thing is an altogether different horizon for thought. The creature is either less than animal or more than animal – its becoming is too strange for animal categories and indexes the slow march of thought towards the bizarre. This strangeness is, as aways, some indefinite swirling in the category of immanence and becoming. Bataille begins “The Labyrinth” with the assertion that being, to continue to be, is becoming. More becoming means more being hence the assertion that Bataille's barking dog is more than the sponge. This would mean that the Shoggotth is altogether too much being, too much material in the materialism. Bataille suggests that there is an immanence between the eater and the eaten, across the species and never within them. That is, despite the chaotic storm of immanence there must remain some capacity to distinguish the gradients of becoming without reliance upon, or at least total dependence upon, the powers of intellection to parse the universe into recognizable bits, properly digestible factoids. That is, if we undo Deleuze's aforementioned valorization of sense which, for his variation of materialism, performed the work of the transcendental, but refuse to reinstate Kant's transcendental disjunction between thing and appearance, then it must be a quality of becoming-as-being itself which can account for the discernible nature of things by sense. In an interview with Peter Gratton, Jane Bennett formulates the problem thusly: What is this strange systematicity proper to a world of Becoming? What, for example, initiates this congealing that will undo itself? Is it possible to identify phases within this formativity, plateaus of differentiation? If so, do the phases/plateaus follow a temporal sequence? Or, does the process of formation inside Becoming require us to theorize a non-chronological kind of time? I think that your student’s question: “How can we account for something like iterable structures in an assemblage theory?” is exactly the right question. Philosophy has erred too far on the side of the subject in the subject-object relation and has furthermore, lost the very weirdness of the non-human. Beyond this, the madness of thought need not override. /4/ - Ventriloquial Idealism or the Externality of Thought My aim is the opposite of Lovecraft's. He had an appreciation for natural scenery on earth and wanted to reach beyond the visible in the universe. I have no appreciation for natural scenery and want the objective universe to be a reflection of a character. Thomas Ligotti. “Devotees of Decay and Desolation.” Unless life is a dream, nothing makes sense. For as a reality, it is a rank failure [….] Horror is more real than we are. Thomas Ligotti. “Professor Nobody's Little Lectures on Supernatural Horror”. Thomas Ligotti's tales are rife with mannequins, puppets, and other brainless entities which of replace the valorized subject of philosophy – that of the free thinking human being. His tales such as “The Dream of the Manikin” aim to destroy the rootedness of consciousness. James Trafford has connected the anti-egoism of Ligotti to Thomas Metzinger – where the self is at best an illusion and we plead desperately for someone else to acknowledge that we are real. Trafford has stated it thus, “Life is played out as an inescapable puppet show, an endless dream in which the puppets are generally unaware that they are trapped within a mesmeric dance of whose mechanisms they know nothing and over which they have no control”. An absolute materialism, for Ligotti, implies an alienation of the idea which leads to a ventriloquil idealism. As Ligotti notes in an interview, “the fiasco and nightmare of existence, the particular fiasco and nightmare of human existence, the sense that people are puppets of powers they cannot comprehend, etc.” And then further elaborates that,“[a]ssuming that anything has to exist, my perfect world would be one in which everyone has experienced the annulment of his or her ego. That is, our consciousness of ourselves as unique individuals would entirely disappear”. The externality of the idea leads to the unfortunate consequence of consciousness eating at itself through horror which, for Ligotti, is more real than reality and goes beyond horror-as-affect. Beyond this, taking together with the unreality of life and the ventriloquizing of subjectivity, Ligotti's thought becomes an idealism in which thought itself is alien and ultimately horrifying. The role of human thought and the relation of non-relation of horror to thought is not completely clear in Ligotti's The Conspiracy Against the Human Race. Ligotti argues in his The Conspiracy Against the Human Race,that the advent of thought is a mistake of nature and that horror is being in the sense that horror results from knowing too much. Yet, at the same time, Ligotti seems to suggest that thought separates us from nature whereas, for Lovecraft, thought is far less privileged – mind is just another manifestation of the vital principal, it is just another materialization of energy. In his brilliant “Prospects for Post-Copernican Dogmatism” Iain Grant rallies against the negative definition of dogmatism and the transcendental, and suggests that negatively defining both over-focuses on conditions of access and subjectivism at the expense of the real or nature. With Schelling, who is Grant's champion against the subjectivist bastions of both Fichte and Kant, Ligotti's idealism could be taken as a transcendental realism following from an ontological realism. Yet the transcendental status of Ligotti's thought move towards a treatment of the transcendental which may threaten to leave beyond its realist ground. Ligotti states: Belief in the supernatural is only superstition. That said, a sense of the supernatural, as Conrad evidenced in Heart of Darkness, must be admitted if one's inclination is to go to the limits of horror. It is the sense of what should not be- the sense of being ravaged by the impossible. Phenomenally speaking, the super-natural may be regarded as the metaphysical counterpart of insanity, a transcendental correlative of a mind that has been driven mad. Again, Ligotti equates madness with thought, qualifying both as supernatural while remaining less emphatic about the metaphysical dimensions of horror. The question becomes one of how exactly the hallucinatory realm of the ideal relates to the black churning matter of Lovecraft's chaos of elementary particles. In his tale “I Have a Special Plan for This World” Ligotti formulates thus: A: There is no grand scheme of things. B: If there were a grand scheme of things, the fact – the fact – that we are not equipped to perceive it, either by natural or supernatural means, is a nightmarish obscenity. C: The very notion of a grand scheme of things is a nightmarish obscenity. Here Ligotti is not discounting metaphysics but implying that if it does exist the fact that we are phenomenologically ill-equipped to perceive that it is nightmarish. For Ligotti, nightmare and horror occur within the circuit of consciousness whereas for Lovecraft the relation between reality and mind is less productive on the side of mind. It is easier to ascertain how the Kantian philosophy is a defense against the diseases of the head as Kant armors his critical enterprise from too much of the world and too much of the mind. The weird fiction of both Lovecraft and Ligotti demonstrates that there is too much of both feeding into one another in a way that corrodes the Kantian schema throughly, breaking it down into a dead but still ontologically potentiated nigredo. The haunting, terrifying fact of Ligotti's idealism is that the transcendental motion which brought thought to matter, while throughly material and naturalized, brings with it the horror that thought cannot be undone without ending the material that bears it either locally or completely. Thought comes from an elsewhere and an elsewhen being-in-thought. The unthinkable outside thought is as maddening as the unthought engine of thought itself within thought which doesn't exist except for the mind, the rotting décor of the brain. /5/ - Hyperstitional Transcendental Paranoia or Self -Expelled Thought Weird fiction has been given some direct treatment in philosophy in the mad black Deleuzianism of Nick Land. Nick Land along with others in the 1990s created the Cyber Culture Research Unit as well as the research group Hyperstition. The now defunct hyperstitional website, an outgrowth of the Cyber Culture Research Unit, defined hyperstition in the following fourfold: 1-Element of effective culture that makes itself real. 2-Fictional quantity functional as a time-traveling device. 3-Coincidence intensifier. 4-Call to the Old Ones. The distinctively Lovecraftian character of hyperstition is hard to miss as is its Deleuzo-Guattarian roots. In the opening pages of A Thousand Plateaus Deleuze and Guattari write, “We have been criticized for over-quoting literary authors. But when one writes, the only question is which other machine the literary machine can be plugged into”. The indisinction of literature and philosophy mirrors the mess of being and knowing as post-correlationist philosophy, where philosophy tries to make itself real where literature, especially the weird, aims itself at the brain-circuit of horror. The texts of both Lovecraft and Ligotti work through horror as epistemological plasticity meeting with proximity as well as the deep time of Lovecraft and the glacially slow time of paranoia in Ligotti. Against Deleuze, and following Brassier, we cannot allow the time of consciousness, the Bergsonian time of the duree, to override natural time, but instead acknowledge that it is an unfortunate fact of existence as a thinking being. Horror-time, the time of consciousness, with all its punctuated moments and drawn out terrors, cannot compare to the deep time of non-existence both in the unreachable past and the unknown future. The crystalline cogs of Kant's account of experience as the leading light for the possibility of metaphysics must be throughly obliterated. His gloss of experience in Prolegomena to any Future Metaphysics could not be more sterile: Experience consists of intuitions, which belong to the sensibility, and of judgments, which are entirely a work of the understanding. But the judgments which the understanding makes entirely out of sensuous intuitions are far from being judgments of experience. For in the one case the judgment connects only the perceptions as they are given in sensuous intuition [....] Experience consists in the synthetic connection of appearances in consciousness, so far as this connection is necessary. Here it is difficult to dismiss the queasiness that Kant's legalism induces upon sight for both Badiou and David-Menard. Kant's thought becomes, as Foucault says when reflecting on Sade's text in relation to nature, “the savage abolition of itself”. For Badiou, Kant's philosophy simply closes off too much of the outside, freezing the world of thought in an all too limited formalism. Critical philosophy is simply the systematized quarantine on future thinking, on thinking which would threaten the formalism which artificially grants thought its own coherency in the face of madness. Even the becoming-mad of Deleuze, while escaping the rumbling ground, makes grounds for itself, mad grounds but grounds which are thinkable in their affect. The field of effects allows for Deleuze's aesthetic and radical empiricism, in which effects and/or occasions make up the material of the world to be thought as a chaosmosis of simulacra. Given a critique of an empiricism of aesthetics, of the image, it may be difficult to justify an attack on Kantian formalism with the madness of literature, which does not aim to make itself real but which we may attempt to make real. That is, how do Lovecraft's and Ligotti's materials, as materials for philosophy to work on, differ from either the operative formalisms of Kant or the implicitly formalized images of Deleuzian empiricism? It is simply that such texts do not aim to make themselves real, and make claims to the real which are more alien to us than familiar, which is why their horror is immediately more trustworthy. This is the madness which Blanchot discusses in The Infinite Conversation through Cervantes and his knight – the madness of book-life, of the perverse unity of literature and life a discussion which culminates in the discussion of one of the weird's masters, that of Kafka. The text is the knowing of madness, since madness, in its moment of becoming-more-mad, cannot be frozen in place but by the solidifications of externalizing production. This is why Foucault ends his famous study with works of art. Furthermore extilligence, the ability to export the products of our maligned brains, is the companion of the attempts to export, or discover the possibility of intelligences outside of our heads, in order for philosophy to survive the solar catastrophe. To borrow again from Deleuze, writing is inseparable from becoming. The mistake is to believe that madness is reabsorbed by extilligence, by great works, or that it could be exorcised by the expelling of thought into the inorganic or differently organic. Going out of our heads does not guarantee we will no longer mean we cannot still go out of our minds. This is simply because of the outside, of matter, or force, or energy, or thing-in-itself, or Schopenhauerian Will. In Lovecraft’s “The Music of Erich Zahn” an “impoverished student of metaphysics” becomes intrigued by strange viol music coming from above his room. After meeting the musician the student discovers that each night he plays frantic music at a window in order to keep some horridness at bay, some “impenetrable darkness with chaos and pandemonium”. The aesthetic defenses provided by the well trained brain can bear the hex of matter for so long, the specter of unalterability within it which too many minds obliterate, collapsing everything before the thought of thought as thinkable or at least noetically mutable on our own terms. Transcendental paranoia is the concurrent nightmare and promise of Paul Humphrey's work, of being literally out of our minds. It is the gothic counterpart of thinking non-conceptually but also of thinking never belonging to any instance of purportedly solid being. As Bataille stated, “At the boundary of that which escapes cohesion, he who reflects within cohesion realizes there is no longer any room for him” Thought is immaterial only to the degree that it is inhuman, it is a power that tries, always with failure, to ascertain its own genesis. Philosophy, if it can truly return to the great outdoors, if it can leave behind the dead loop of the human skull, must recognize not only the non-priority of human thought, but that thought never belongs to the brain that thinks it, thought comes from somewhere else. To return to the train image from the beginning “a locomotive rolling on the surface of the earth is the image of continuous metamorphosis” this is the problem of thought, and of thinking thought, of being no longer able to isolate thought, with only a thought-formed structure. [1] One of the central tenets of Francois Laruelle's non-philosophy is that philosophy has traditionally operated on material already presupposed as thinkable instead of trying to think the real in itself. Philosophy, according to Laruelle, remains fixated on transcendental synthesis which shatters immanence into an empirical datum and an a prori factum which are then fused by a third thing such as the ego. For a critical account of Laruelle's non-philosophy see Ray Brassier's Nihil Unbound. (shrink)

In the fatwas given today related to whether individual or social life, the area of jawāz either has been very wide or very narrow. Those, who feature the behavior making prohibited things lawful, have nearly defined even necessity within the pragmatism on the basis of need and they keep the area in question very wide. On the other hand, those who confine the evidence of maṣlaḥa to a methodological principle, have nearly disregarded needs in solving individual and (...) social problems. Whereas, in the fiqh, the needs have been categorized as necessary/ḍarūrī, human want/ḥājī and making beautiful/taḥsīnī, and many principles have been constructed for taking stock of them. One of the principles is the lex of “Need/al-Ḥāje, general or particular, is dealt with as to meet necessity/al-Ḍarūra.” When it is determined how this lex has come out since the first period and its conditions in the context of implementation are determined, it will be come out that necessary cannot be reduced to need. In the same way, it will be come out that the maṣlaḥa is not an evidence disconnected with life. So, in the article, we will discuss the concepts of necessary and need. Then, we will show what the conditions to be considered in implementation of this lex are, what its base is in the sharia, how it has come out since the first period, and how it has been used in actual issues of the fiqh as well as in a specific example. Thus, with this study, we purpose to contribute to the solution of the actual issues of the fiqh. -/- SUMMARY The notions of need and necessity (ḍarūra, ḥāje) which are of four notions cited in the lex were individually examined and the differences between them were explained. The notions of general or particular (umūmī, khuṣūṣī), because of their using as adjective of the notion of ḥāje, were explained in the context of it. In the literature, the conception of ḥāje was used in the meaning both for all needs containing ḍarūra and just for needs apart from ḍarūra. A similar situation applies to the conception of ḍarūra. Ḍarūra having two descriptions was used in the meaning of ḥāje at times. This closure in using has caused the idea that both concepts have the same notion. In fact, from this point of view, there are the implications about that the lex is unnecessary. In this study, it is purposed that the mentioned idea and implications are wrong. As a requirement, the differences between the mentioned concepts were also examined under a separate title. -/- As for the notions of umūmī and khuṣūṣī, the scope of umūmī and khuṣūṣī ḥāje were not transparently defined and were just explained through examples in the classical period. In the context of ḥāje, the descriptions about the scope of these notions have been done after the lex took its final shape and became popular in this shape. According to these descriptions, umūmī ḥāje is the needs regarding all community. Khuṣūṣī ḥāje is the needs regarding a certain group in the community. There are interpretations as well about that individual needs must be dealt with in the scope of khuṣūṣī ḥāje. This study has same opinion. Taking into consideration of the historical development of the lex, this situation has been more clearly understood. Taking into consideration of the historical development of the lex, it is seen that the first person to make the lex a current issue is Juweynī (d. 1085). Juweynī mentioned the lex in different shapes. These combine in the point of umūmī ḥāje: “Umūmī ḥāje is dealt with as khuṣūṣī ḍarūra.” Juweynī not mentioning the notion of khuṣūṣī ḥāje in the lex shows that there is the differentiation between umūmī and khuṣūṣī ḥāje in his mind. Juweynī has a clear attitude in umūmī ḥāje while is hesitant in khuṣūṣī ḥāje. Another point which he is clear is that the needs dealt with as ḍarūra is not pure advantage and relaxation and it must have some conditions. Likewise, Gazzalī (d. 1111) and ‘Izz b. ʿAbd al-salām (d. 1262) continued the clear attitude of him. Both asserted some conditions about ḥāje dealt with as ḍarūra. But both did not mention any notation to imply these conditions in the lex. However, Ibn al-Wakīl (d. 1317) seems to want to show all ḥāje not to be dealt with as ḍarūra by adding the notation of in some situation: “Umūmī ḥāje is dealt with as ḍarūra in some situation.” In the historical development, it is seen that the first person to mention the notion of “khuṣūṣī ḥāje” in a lex is Zarkashī (d. 1392). But he mentioned this notion in another lex not in the lex in question. It is claimed that the addition of “khuṣūṣī ḥāje” to the lex was done in time of Ibn al-Wakīl or before and Zarkashī divided the lex in two as umūmī ḥāje and khuṣūṣī ḥāje. But this study proves for the mentioned claims to be unsuitable the historical development. Because, the first person to mention the notions both of umūmī ḥāje and khuṣūṣī ḥāje in one lex is Suyūtī (d. 1505): “Ḥāje, umūmī or khuṣūsī, is dealt with as to meet ḍarūra.” The lex has been fixed and become popular as it is. After this, especially in the recent period, the clear definitions have started to be done regarding what scope the notions of umūmī and khuṣūsī ḥāje in question in the lex is and the conditions about ḥāje have been dwelled on. In this study, the conditions in question have been treated under four items. In this study, this conditions have been analyzed with regard to functionality of the lex. It has been determined that the idea claimed about that ḥāje must not oppose to a special base, in the context of the first conditions especially, will cancel the functionality of the lex. The current use of the lex, because of the study’s boundaries, has been dealt with over a specific example topic. The issue of being a resident has been preferred as an example topic. Though there is an alliance about having a residence as a need, there is a conflict about the buying a residence by bank credit. While some have not allowed this by claiming that credit is against to a special base, some have allowed it on the basis of this lex. According to the second group, when its conditions are met, the buying a residence by credit is permissible. Because, residence is among essential needs. In this study, it is stated that the preferred opinion is this. However, by taking into account the spirit of sharia it is expressed that every need for having a residence cannot be dealt with as necessity. It has been emphasized that instead of accepting everything as a need dictated especially by the consumerism that elevates human desires to an uncontrollable level, identifying a suitable need for our own values is important. This study deals with the lex of “Need, general or particular, is dealt with as to meet necessity” used in the fatwās today. The study determining the historical development and break points of the lex and the conditions argued about it examines daily use of it on the basis of a current example. So the study purposes to prove how the lex must come out in solving of the other problems. The study is of important to determine the break points of the lex in its historical development. Ḥāje must be appropriate to a base in the sharia. Ḥāje must contain a hardship over ordinary hardship. Ḥāje must not be possible to eliminate by a legitimate way. Ḥāje must be realized by conclusive evidence or near it. In this study, this conditions have been analyzed with regard to functionality of the lex. It has been determined that the idea claimed about that ḥāje must not oppose to a special base, in the context of the first conditions especially, will cancel the functionality of the lex. The current use of the lex, because of the study’s boundaries, has been dealt with over a specific example topic. The issue of being a resident has been preferred as an example topic. Though there is an alliance about having a residence as a need, there is a conflict about the buying a residence by bank credit. While some have not allowed this by claiming that credit is against to a special base, some have allowed it on the basis of this lex. According to the second group, when its conditions are met, the buying a residence by credit is permissible. Because, residence is among essential needs. In this study, it is stated that the preferred opinion is this. However, by taking into account the spirit of sharia it is expressed that every need for having a residence cannot be dealt with as necessity. It has been emphasized that instead of accepting everything as a need dictated especially by the consumerism that elevates human desires to an uncontrollable level, identifying a suitable need for our own values is important. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.4 (1999) 150-177 [Access article in PDF] The Desire for the Sovereign and the Logic of Reciprocity in the Family of Nations Lydia H. Liu It may sound like a truism that the modern nation cannot imagine itself except in sovereign terms. But what is this truism saying or, rather, withholding from us? When Benedict Anderson wrote his influential study of nationalism in 1983, he circumscribed the (...) imagining of the nation as "both inherently limited and sovereign" and relied on this basic understanding to explain the global transformation of dynastic empires into nation-states [Imagined Communities 6]. That insight, however, has not drawn to itself as much attention or scrutiny as some of his other concepts, like "print capitalism" or "creole nationalisms." If one were to name a few of the blind spots in the contemporary discussions of nationalism, cosmopolitanism, and diaspora, one of them would be the place and placing of sovereignty and sovereign right. To those of us whose initial purpose has been to historicize the nation and nationalism, this blind spot cannot but raise some serious methodological and interpretive questions. Insofar as sovereignty articulates a major mode of exchange between nation and empire in recent history and moreover figures prominently in the realm of what Anderson calls "quotidian universals" [Spectre of Comparisons 33], the truism of its truth needs to be unpacked carefully.Hence, I would like to raise some tentative questions about desire and sovereignty, not in terms of legal studies, but in light of what we have learned about colonial exchange and its production of difference, fetishism, identity, and the logic of reciprocity. I am going to show that these intellectual and material developments have had significant bearings on the making of international law such that our inquiry into the latter can no longer be confined to the self-explanatory evolution of legal discourse. For sovereign thinking is one of those areas that must be reexamined, to borrow Edward Said's words, "according to a detailed logic governed not simply by empirical reality but by a battery of desires, repressions, investments, and projections" [18].In this essay, I begin with a critical analysis of Benedict Anderson's work, focusing on the interplay of the historical and the universal in his study of the nation. I am particularly interested in examining what Anderson chose to do, or not to do, with sovereignty in his theory of nationalism, and I raise some questions about his idea of the "modular," whereby the universal takes on the role of a migrant figure making histories [End Page 150] here and there. Section two introduces the subject of fetishism and desire into the discussion by linking the display of the thrones of the Emperor Qianlong in British museums to significant moments of sovereign thinking in the reign of Queen Victoria and the Empress Dowager of China at the turn of the century. In section three, I attempt a detailed discussion of the sovereignty complex of Ku Hung-ming, a diasporic subject who grew up in colonial Malaysia, was educated in Europe, and ended up serving China as his adopted sovereign country. My analysis centers on Ku's well-known defense of the Empress Dowager during the popular nationalist uprising of 1900 and his work as a translator and publicist in Anglo-Chinese military confrontations. Finally, I turn to the theories of international law itself and ask how nineteenth-century jurists revised the notion of sovereignty to arrive at a new constitutive theory of recognition in the heyday of imperialist expansion. I argue that any attempt to explain the rise of the modern nation-state must take full account of this significant revision in the early nineteenth century, because the revision signaled a paradigmatic shift from natural law to positivist jurisprudence to the effect that a constitutive understanding of sovereign right would eventually overcome and displace the natural law notion of universal sovereignty. Sovereign Thinking in Migrant Nationalisms In Imagined Communities, Anderson pointed to sovereignty as a necessary condition in thinking about the nation when, for example, he... (shrink)

The striking difference between the orthodox nomological necessitation view of laws and the claims made recently by Scientific Essentialism is that on the latter interpretation laws are metaphysically necessary while they are contingent on the basis of the former. This shift is usually perceived as an upgrading: essentialism makes the laws as robust as possible. The aim of my paper—in which I contrast Brian Ellis’s Scientific Essentialism and David Armstrong’s theory of nomological necessity—is threefold. (1) I first underline the (...) familiar fact that metaphysical necessity (of Kripkean “water is necessarily H2O” kind) is not a stronger kind of necessity than nomological necessity but an entirely different kind of thing: nomological, but not metaphysical necessity, is an intra-world necessitation which Armstrong (almost) identifies with causation; metaphysical, but not nomological necessitation, has a canonical link to possible world considerations and counterfactual reasoning. Hence, the change from one necessity to the other is not an upgrading but a substantial shift. (2) I will explain how the essentialists, who promote this shift, are nonetheless able to retain the features of nomological necessity. (3) I also explore, for both the essentialist and the Armstrongian, whether they could extract a modal force from intra-world nomological necessity which it does not have per se. I argue that such a modal force is, indeed, obtainable for them. I will close the paper with some remarks and questions about the relation between Kripkean metaphysical necessity and the modal version of nomological necessity as defined in (3). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.1 (2005) 55-57 [Access article in PDF] Unconscious Reasons Eric Matthews Keywords reason-explanation, consciousness, purpose It is argued that Church's puzzlement over the idea that we can have reasons that we do not know about is itself puzzling. In daily life, we find no difficulty in understanding this idea. The problems arise only when we try to give a theoretically satisfactory account of (...) the notion of "the unconscious" in the context of a Cartesian picture of the "mind" as synonymous with "consciousness." We need to see the difference between the rational/non-rational distinction and that between the conscious and the unconscious. We (and other animals) act for reasons, not because we have something called "consciousness," but because we have purposes: we are animals, not machines.Jennifer Church finds "something deeply puzzling" about the idea that we can have reasons that we do not know about. I find this puzzlement very surprising, as, I think, would many others. Most of our reasons for doing what we do are not, and could not be, consciously entertained, and we did not need to wait for Freud before we were aware that some of our reasons for acting are so deeply hidden that we need help from others to uncover them. Freud himself is supposed to have said about the unconscious (I'm afraid I can't give the reference for this quotation, which was dredged up from memory), "Das haben die Dichter immer gekannt"—that was always known by the poets.Because human beings are not machines, whose movements can be given a complete causal explanation in terms of the laws of physics, a reason-explanation for most of the ways they behave is called for. That is, they have reasons for doing what they do. If they had to "consciously think through," in Church's words, all of their reasons for acting, they would never get down to doing anything: before they did anything, they would have to think through their reasons for doing it; and, because thinking through is also an action for which they have reasons, they would have to think through their reasons for thinking through, and so on ad infinitum. I owe this point to Gilbert Ryle, and may as well give one of his typical examples (slightly adapted) to illustrate it. The good tennis player acts intelligently: she has reasons for the movements she makes, but of necessity she does not think through these reasons, otherwise the game of tennis would never get started, let alone finished. Indeed, she may well be unable to explain in words, even afterward, why she moves her racket this way or that.As for the "Freudian" sorts of examples, we are all familiar, both from literature and from life, with the phenomena of self-deception, or of simple lack of self-knowledge. Someone, for instance, believes himself to be motivated by the highest moral principle when he gives money to the beggar in the shop doorway: but perhaps his real reason is a desire to cultivate a certain image of himself, or to be seen by others to be doing the right thing, or a fear that the beggar might embarrass [End Page 55] him in some way if he does not give him something substantial. I am not suggesting that people always deceive themselves in this way, only that the situation described is perfectly intelligible to everyone and so not at all puzzling. Nor is it in the slightest degree unintelligible that people should sometimes act without being able to say why: "I did it on impulse," they say, or "I acted instinctively"—which is just another way of saying "I just don't know why I acted as I did."Church herself accepts that our explanations of behavior are "now replete with appeals to unconscious beliefs and desires": but why only "now"—haven't they always been? And if we resort to such appeals so commonly, if indeed, as Searle says, their explanatory power is so great, then that seems to imply that we understand perfectly well what... (shrink)

continent. 2.1 (2012): 29–35. Translated by Vincent W.J. van Gerven Oei from Jeroen Mettes. "Politieke Poëzie: Enige aantekeningen, Poëtica bij N30 (versie 2006)." In Weerstandbeleid: Nieuwe kritiek . Amsterdam: De wereldbibliotheek, 2011. Published with permission of Uitgeverij Wereldbibliotheek, Amsterdam. L’égalité veut d’autres lois . —Eugène Pottier The modern poem does not have form but consistency (that is sensed), no content but a problem (that is developed). Consistency + problem = composition. The problem of modern poetry is capitalism. Capitalism—which has (...) no image: the unrepresentable Idea of “everything.” The problem is that a poem cannot be justified. There is no excuse for it. Political poetry— pure poetry—has to be problematic, though not in a mannerist way. Yes, its problem is first its own problem—poetry’s existence in the same world as the newspaper—but therefore also always everybody’s problem (the problem of any world at all). The cult of the sublime points at a suspect desire for transcendence, nostalgia for paradise lost (the womb?). Melancholia of the post-. But a problem neither sorrows nor mourns, it is alive, and the fact that it is alive is the problem—the problem for death (rigidity, the status quo). Our symbols and ideologies do not hide any god: symbolic = state; imaginary = human; real = money. Problem: the possibility of communal speech (poetry) in the absence of a “we.” Or: what is a “we” that is not a collective subject (or in any case is not a volonté générale )? What is a universal history that is not a History? This work was started in the shade of the anti-globalization protests at the end of November 1999. I considered N30 to be the closure of the nineties, of my adolescence, and of the a seemingly total extinction of social desire. From the beginning I was skeptical about the alterglobalization movement as the avant-garde of a new politics, but something was happening . Maybe this event did not show that, as the slogan would have it, “another world” is possible, but for me it indicated that such possibility was at least still possible. That naked possibility is carrying forward. And if the fundamental tone of this work sounds more desperate than utopian, this is not caused by the catastrophic sequence that since 1999 has plunged us ever deeper into the right-wing nightmare—a nightmare that this work also gives an account for—but because my hope as yet remains empty. Composition . Composition is no design, but the production of an autonomous block of affects (i.e. a POEM), rhythmically subtracted from the language of a community. A poem does something. Is something. New Sentence . Choosing the non sequitur as compositional unit has the advantage that an abstract composition is subjected to the stress of concrete, social references. Where there is a sentence, there is always a world. (This does not hold necessarily for words on their own.) And where sentences collide, something akin to a textual civil war takes place. It is not about “undermining” whatever, or de-scribing the raging global civil war, but about writing social (or even: ontological) antagonism -- including all its catastrophic and utopian possibilities. Minor resistance. Why would poetry be the no protest zone par excellence? It is nothing but protest, not simply qua “content,” but in its most fundamental essence: rhythm. Rhythm is resistance against language, time, and space, and the basis of (what we will continue to call) autonomy. Rhythm starts with the anti-rhythmic caesura as Hölderlin remarked about Sophocles, a disruption of the quotidian drone. The destruction of everything that is dead inside of us. The noise of the avant-garde has never been the representation of the noise of (post)modernity (from the television or shopping mall), but the sober noise of the systematic exchange of an unbearable worldview. The poet does not describe, but looks for a way out: There is a Grain of Sand in Lambeth that Satan cannot find Nor can his Watch Fiends find it, tis translucent & has many Angles But he who finds it will find Oothoons palace, for within Opening into Beulah every angle is a lovely heaven William Blake was not mad. And there has always been only one poetry: the poetry of paradise. The principle is that there is something in art (the essentially creative element) that is disgusted by that which, unlike art, does not aim for the supreme. Wonder is not supreme, tranquility is not supreme, beauty is not supreme. Even amusement is not supreme! The supreme is supremely open, “das Einfache,/ Das Schwer zu machen ist” 1 : paradise. That is abstract. Literally. For me it is not about a concrete imagination, an idyll or utopia. There is no doubt a need for that, but it is not so much the supposed lack of imagination or ideals (human rights are ideals), but a fundamental lack of desire (human rights are no desires) that we suffer from, and from which we do not need to remove Nietzsche’s label of “nihilism.” “We.” George Oppen: “ Of Being Numerous asks the question whether or not we can deal with humanity as something which actually exists.” What is less actual than humanity? Nowadays it appears as a lifeless ideology of cynical power politics. Or as what makes one think. It is a shame to be human. The event is the caesura that defines rhythm. Writing toward the event is not the description of the event, but marking an abstract and intense space in which the event may unfold and keep itself. It is a task. “Remember that thou blesseth the day on which I seized thee, because such is thy obligation.” The event is a contraction (or a series of contractions) with its own rhythm and unique qualities. It is more than an explosion or demonstration. But at the same time less. The endless repetition of images and stories in the media points to a fear for the indeterminate and indeterminable void of the event. In the end there is nothing to see. We do not live in disaster’s shade or miracle’s light, but rather in the rhythm, which is contracted time, having little to do with omnipresent representations. For this book I did not intend a rhythm of evental representations (a narrative rhythm), but a rhythm which would be an event itself , because it draws the border between artwork and history. My desire for a direct engagement with the “extra-textual reality” has nothing to do with the representation of “rumor in the streets.” (What has less street cred than representation?) Naturally, a poem is no historical event and does not change anything. But a poem is a part of history that wants to be repeated forever, constructed in such a way that it is worthy of repetition. It is a part of desire (composition) made consistent (durable). The “historical event” flares up and burns down, and has to burn down to be effective. The leftovers are images and stories (representations), History—no event. The artwork—that is the ambition— remains event (though monumental and inefficient/inoperable). (No wonder that a historical singularity, a revolution, reminds us of a work of art; the resurrection yearns for a judgment, an affirmation; everything depends on it.) Hence the title does not summarize the book, let alone contract its “content” into a quasi-transcendental signifier. The title is juxtaposed to the book, like everything else inside the book, and in that relation it precisely forms a part of it. The ideal work is an open whole, lacking nothing but to which everything may be added. I have been interested in this “everything,” the world, or as I said above: capitalism. “Everything” is not the space for “wonder”—a code word, a shibboleth for petty bourgeois imagination (I recognize myself in the strangest things, a speaking dog, a canal, a pond standing straight—oh my god). No. The world is a social world, not YOUR world, poet. Power is number one. I will call “Dutch,” or “shitty,” whatever denies this power. That hurts, but this pain is an expression of the desire in the world to write another world, or as Blanchot says, “the other of all worlds” 2 : the world. Not as what “is there,” but rather as that which urges for an escape from what “is.” This is a testament of how radical reality has become, for me—or rather, a writing body—in a having-been-written. I am not interested in the problem of “meaning” as misunderstood by literary scholarsi: “order” in “chaos,” “symbolization.” Bullshit. What is there, hop, hope, now: the meaning of the taste in my mouth. Bullshit. I am not interested in the frustration of interpretation; I am writing for readers who do not want to interpret. I do not know how many “professional readers” will hear the music of a paragraph like: Sun. Sushi. Volvo. I hope more than I would think. There is a suggestion (or rather, an actual production) of speed and infinitive owing to the absence of plosives, i.e. articulations such as /k/, /t/, or /p/. Can you hear the slick suaveness? Driving car dark, vocal chiaroscuro of the word “sushi.” The unstressed /i/ stands in the middle of dark vowels and thus acquires its own special out of focus , like a momentary flash or brilliance—an obscure light. It is not about recognizing a story, but about avoiding any story whatsoever: the car disappears in the glow, cars and raw fish have nothing in common except their articulation in a language that brings them together, blurring them. A world appears in its disappearance. For a moment, light is a metaphor for language, though it cannot be reduced to tenor. It is not necessary to be a linguist or philosopher to hear this—a “difficult” poem all too often becomes an allegory of its own impenetrable being-language. The only demand: leave your hermeneutical fetish at home. This was no interpretation. Most shit has been stolen etcetera. That is no longer interesting. You cannot shoot the body with information and let your lawyers reclaim the bullets. So every sentence has been stolen. Also the ones “out” “of” “my” “head.” Why would I be allowed to steal from myself and not from others? Man takes what he needs to move forward. Whatever he encounters, finds in front of him, “occurs” to him. The writer as text editor, or singing pirate. Nothing new here. Important difference with for example Sybren Polet’s 4 montage technique: anti-thematicism. Most of the time ferocious citation from whatever I was reading, listening to, ended up in, and so on. I wrote chapter 12 on my laptop while watching CNN. On the air instead of en plein air . I often employed search engines to generate material. Chapter 20 offers the purest example of this. Often I stop recognizing a particular citation after some time. It is not uncommon for a stolen sentence to conform itself to the paragraph in which it finds itself. Sometimes I nearly arbitrarily replace words. Arbitrariness as a guarantee for absolute democracy. It is a poetics of the non sequitur : a conclusion that does not follow from the premises, the strange element in the discourse. A discourse of strangers. No logical, narrative, thematic unity. There is unity in speed/flight. It has to be read linearly, but not necessarily (not preferably) from beginning to end. The shortest distance between two points is a straight line, but this line precedes every point. The middle, the acceleration, comes first. A point occurs where two lines cross. It has been written from up close, at the level of the tension between sentences. Nothing to be seen from a distance: no form except the exchange of form, no geometrical or mythical meaning. You have to get in, “groping toward a continuous present, a using everything a beginning again and again” (Stein). 5 In Dutch, experimental poetry has been mainly dense: a small rectangular form filled with a maximum amount of poetic possibility. But at the moment the poem starts to relax, the anecdotical content seems to increase. This is what is called “epic”: long, narrative. I believe that an epic is more than that, in fact something completely different. An epic is “a poem including history,” 6 a long poem tied up with the life of community, that as a whole does not need to be narrative. The American poets of the twentieth century (Pound, Williams, Zukofsky, Oppen, Olson, Silliman) have put the epic back on the map by interpreting the poem itself as a map, and writing it as navigation. They have invented the experimental epic, a genre that has generated little original following in “our” poetry. N30 is the middle part—“always start in the middle”—of a trilogy, the contours of which remain as of yet unclear, although each episode investigates one of the three “ecstasies of time”—past, present, future—concerning society X. N30 concerns itself with the PRESENT: not with the description of actual facts but of the rhythm and the intense depth in which facts appear to us. Where are we? We are camping in the desert. Sometimes we are looking at the stars. As opposed to maximum density and minimal tension (a characteristic of most (post-)experimental lyricism), I have sought a minimal density and maximum tension in this book, considered as a long non-narrative prose poem. On the one hand, the minimal density is obtained by the inherent formlessness of prose, on the other hand by the conscious refusal of any active (formal, non-rhythmic) synthesis: the poem tells nothing, shows nothing, has no theme. I did not seek maximum tension either by loading the quotidian with epiphanic radioactivity (“wonder,” confirmation from above), or by means of the intensity of the linguistic structure. I want an abstract tension, but social in its abstraction, in other words, not neutralized by and subjected to Form. Instead of form (transcendent): composition (immanent). The concept is series. Ideal: every unit is necessary for the efficacy of the others and the whole, their relation is purely linear, i.e. non-hierarchic, non-syllogistic, non-discursive, non-narrative. Sentence related to sentence like paragraph to paragraph and chapter to chapter; the whole means nothing and represents nothing. Inside the sentence: syntax (Chomsky’s tree, a type of parallel circuit), outside: parataxis (coordination, an asyntactic line through language and world). I consider duration—the energy of duration (rhythm)—to be the fundament of a poem, the temporal inclination to delimit a “space.” Being as consistency, its consistency. A spatial part of time is not merely a metaphor for an inevitable trajectory, an inescapable time, something like “our time.” Not merely—because rhythm comes from language and is not projected onto it; the poem derives from the world like a scent and a color and a life from a flower. A series, a sequence: nothing potential, but truly infinite—the movement of an infinitude. The infinite series = everything minus totality. That means that there is no container—no Form, no Self, no Image, no Structure, not even a Fragment—just “the prose of the world.” No representation, but also no staging of the impossibility of representation (the postmodern sublime). These are no fragments, no image of a fragmented world or personality, no cautious incantations around the Void. It does not exist. It is a movement. Buying bread, a flock of birds, a bomb falling—they do not depict or represent anything, not literally, not metaphorically. There is an Idea, which is however nothing more than a rhythm, in the same way that capitalism is nothing more than a pure function. Parataxis: the white space between two sentences stresses, which is nevertheless always there, also between words, even between letters: the out of focus of idle talk, the gutter, the irreducible Mallarméan mist which renders even the seemingly most transparent text legible. The white space suggests a neutral medium for free signification, a substance of language. A non sequitur is an element from a foreign discourse, which stresses the white space as space, and problematizes freedom for supra-sentential signification. I start by withdrawing material, leaving the initiative to the sentences. In general a word presupposes less often a discourse than a sentence. What discourse is presupposed by “dog”? We could think of several, but why would we? It is more probable that, when faced with the naked word, we think of its naked (dictionary) meaning, of its denotative signified. By means of two simple interventions we may also write the word as sentence: Dog. In no way this suggests the discourse from which this sentence originates, but in any case we’re presupposing one. This is shown by questions like: “Whose dog? Who’s a dog? What kind of dog?” Etc. (Sentences are question marks.) A sentence implies/is a microcosm—a subject, a verb, an object, and so on. Even an incomplete or ungrammatical sentence does so. My main fascination while writing this book is the worldly and social aspect of language, an aspect that often becomes invisible, or rather, transparent in narrativity—the stretching of sentences into stories. Narrativity organizes a new discourse and a new world, and places a sometimes all too dispersing relation of transparence in between. The conventional novel is the brothel of being. I do not intend to prohibit brothels, and I have certainly not intended to write an anti-novel (THIS IS A POEM), but I do consider narrativity (in general, in poetry, in the news, in daily life) to be ontologically secondary with regard to an immediate being in the world through sentences, also if the latter have been withdrawn from a narrative or otherwise externally structured discourse (which in that case would therefore be chronologically primary ). Naturally, two or more sentences are always in danger of telling stories or arguing, just like the world is always in danger of becoming an objective representation, facing us, strangers. That is why need to wage war—against representation and against the interface, against interaction. AGAINST THE “READER.” To the extent that a sentence is worldly, writing is a condensed global war, and in so far as there is ultimately only one world and one open continuum of languages, it is a global civil war. Nice subject for an epic. The elaboration of a singular problem—prose as the outside of poetry, the form of the novel as purely prosodic composition scheme—“expresses” the universal problem: capitalism as Idea of the world vs. poetry as language of an (im)possible community. The paragraphs are blocks of rhythmically contracted social material. By choosing the sentence as the basic compositional component, an abstract whole may contain social sounds, without telling a story or showing an image. Composition is subrepresentative —a rhythmic, passive synthesis, or rather: a synthesis of syntheses. I never write large blocks of prose in one sitting, because there is no obvious organizational vector —plot, theme, conscience—outside the inherent qualities of the material itself. Usually I write down one sentence, sometimes two, but rarely more than three. Those sentences are usually placed in the text which I am editing at the time. In fact, there is no original composition, new chapters split off from chapters which became too long during the editing process. (Revision mainly consists of adding and inserting, displacing and dividing; only during the last phase, when the text has gained enough consistency, there may be subtraction to tighten the composition; each chapter requires a season of daily revision). This constant revision, accompanied by a continuous influx of collective background noise (to speak with Van Bastelaere), 7 makes every chapter a block condensed (“historical” and “personal”) time. The block itself is a-personal and a-historic; it is ontologically autonomous. If there is such a thing as a spirit of the times, I do not try to offer an image of it, but rather to cancel something of it by erecting a monument of its own excrement within its own boundaries. Tuning and dis-tuning , “in de taal der neerslachtigen een eigen geluid doen klinken,” 8 in other words, desiring in an Elysian way. In this sense I have intended to be able to write a political poetry. The ultimate political poem is the epic, “the tale of the tribe.” I consider N30 to be a prolegomenon to a future epic (of which it in the end will form a part a structural moment, as introduction-in-the-middle), an extended pile on top of an epic as narrative, a question of the tribe and question of its history. I was burdened by too much satire, too much bullshit. But: satire willy-nilly = the only justifiable satire. Against the abstract universalism of the market (“globalism”): concrete disgust, a positive way of saying “No.” Moreover, disgust is a specifically total attitude, which ultimately concerns the world as a whole. I hate this or that, but I am disgusted by EVERYTHING (when I am disgusted), and so it appears that satire is in fact related to the epic, in so far as it concerns society, the cosmos, history. Maybe it is no coincidence that the Dutch literary canon knows no great poet of disgust; what could be more fearful to us than society, the cosmos, and history? The T-tendency (T from Tollens 9 ) clearly points into the direction of the small, friendly, ironic, melancholic, acquiescent, wondrous, and so on. The anti-political, anti-cosmic, anti-historical. (Why am I so philosophical? To scare away the Dutchies.) And most of all: the “poetical” (the pseudo-mysticism from the backyard). Yes, the N in N30 also stands for the Netherlands (just like 30 indicates the number of chapters). I was not in Seattle, I do not live in Iraq. But is not the whole world bleeding to death on Dutch paving stones? Let’s hope that we mowed away something with this total satire, also “in myself.” The arrogant stupidity that definitely thinks to know the essence of freedom (the free development of esthetic needs inside the void), that cannot take anything serious, only believes in the disciplined bestiality of the individual (“norms and values”) and the mere functioning of a social factory which finds no justification whatsoever outside its functioning (“get to work”)… Who knows. A certain aimed destruction leaves grooves and craters, mapping out a next adventure. Pound’s periplum : sailing while mapping the coasts. Immanent orientation. The terrain changes with the map, history changes with the poem. Maps never merely organize the chaos, transcendent schemes imposed on a formless Ding-an-sich . They organize from within, surfing. But they are most of all routes back into the chaos or forward to paradise (final identity of chaos and paradise; Schlegel: “ Nur diejenige Verworrenheit ist ein Chaos aus der eine Welt entspringen kann ”10). A poem is not only a piece of history, it is also a flight from history. Maps give chaos to the form of reality , open escape routes, break through representations, make us shivery and dazed. Paradise is immanent to a fleeting desire. History is the history of labor—this is Adam’s curse—and the poet works too: For to articulate sweet sounds together Is to work harder than all these, and yet Be thought an idler by the noisy set Of bankers, school masters, and clergymen The martyrs call the world 11 But: the poet works in paradise. The paradox of the artwork, the work that is no work, the piece of history that cannot be reduced to History—this is explained by The Space of Literature , a virtual space, an autonomous rhythm, not outside, but in the midst of the noise, a piece of paradise in hell, a postcard from the vale of tears addressed to paradise, to X. Political poetry means: a poetry that dares to think about itself, about its language and about its world and about the problematic relation between both, which is this relation as problem. A poetry that thinks at all, articulates its problem. It has nothing to do with journalism or morality or debate, let alone the law or the state. It has nothing to do with “criticism” if this means the replacement of incorrect representations by other, more correct representations. It has something to do with ethics in the sense of learning to live. It has something to do with the community and the language of the community (whichever that may be) and the role of the poet regarding the community. It concerns justice without judgement or measure. In the end the just word is just a word , to paraphrase Godard: it is from a future that is unimaginable. It Is no rational engagement, but an aversion against everything that obstructs life, and love for everything what is worthy of having been loved. The world is engaged with me, not the other way round. First Exodus, then Sinai. A desire does not start with an agenda. To answer the question whether I am really so naive as to want to change the world: “We only want the world.” Justice is the world appealing to us to liberate it from all possible chains, from each organization and inequality, to be it, smooth, equal, under a clear sky—a desert and a people in a desert. That moment between Egypt and the Law. It is not a revolution, but the sky above the revolution. Poetry = the science of escape. There is no art that we already know. The weakness of modernistic epic poetry seems to me to be the unwillingness to completely abandon narrative as a structural principle, in favor of a composition “around” or from an event. The China Cantos and Adams Cantos are the low point, and the Pisan Cantos the high point of Pound’s poetry. Two types of research: archival representation of the past vs. ontology of the present (which virtually presupposes the entire history). Presupposing an event means that it is impossible for the poet to stage his own absence, but in no way makes the work personal. An event is the unknown, the new invading into the business as usual, so also the personal. The question heading this research is not: “Who am I?” but “What is happening?” The book is as little illegible as Mondrian’s work is invisible. Form is of interest only to the extent that it empowers liberation. Ron Silliman So no formalism, but what it means to live in this world and to have a future in it. I want something that holds together that’s not smooth. Bruce Andrews The past above, the future below and the present pouring down: the roar, the roar of the present, a speech— William Carlos Williams If my confreres wanted to write a work with all history in its maw, I wished, from the beginning to start all over again, attempting to know nothing but a will to create, and matter at hand. Ronald Johnson NOTES 1) “The easy thing/ that is difficult to make.” Bertold Brecht, Lob des Kommunismus . (All footnotes are the translator’s) 2) Maurice Blanchot, The Space of Literature , trans. Ann Smock. Lincoln/London: University of Nebraska Press (1989), 75. 3) Mettes uses the word “Neerlandicus,” which refers to scholars of Dutch language and literature. 4) Dutch poet. 5) Gertrude Stein. “Composition as Explanation.” A Stein Reader . Ed. Ulla E. Dydo. Evanston, IL: Northwestern University Press (1993), 495-503. 6) Ezra Pound. 7) Flemish poet. 8) “Resounding an original sound in the language of the despondent.” A. Roland Holst, De afspraak . 9) Dutch poet. 10) “Only such a confusion is a chaos which can give rise to a world.” 11) W.B. Yeats, “Adam’s Curse.&rdquo. (shrink)

Anti-capitalist thinkers in the West have long argued that the expansion of markets creates new wants faster than it can satisfy them, and that consumption under capitalism is a form of addictive behavior. Recently, however, the relentless expansion of desire has come to be seen as a strength rather than a weakness of capitalist regimes. To understand this change socialists must consider whether there is a point to consumer spending that goes beyond satisfaction with what one gets. (...) Freud's notion of instinctual ambivalence illuminates the ways in which spending itself is a fusion of the desires to lose and to gain. This helps to explain how the socialist distinction between satisfying and addictive consumption misses the mark. Broadening this insight, we can see that Western thought about justice, originating in Judeo-Christian theology, conceals a fundamental ambivalence about both domination and gain by suggesting that inequality (beginning with that between God and man) is justified when the dominating party loses and the gainer submits. Ironically, however, the new post-utilitarian rationale for capitalism undermines this putative justification of social inequality in consumer-oriented capitalist societies by bringing our internal ambivalence about gain and dominance to the surface. This development creates an opportunity for a new beginning in Marxian social theory. The final sections of the essay suggest that social theory has been trapped in a debate over whether predators (and their human counterparts) kill in order to eat or eat in order to kill (Marx vs. Nietzsche). To break this trap we must shift the basis of social criticism from the metaphor of predation to the metaphor of parasitism. This changes the focus of critical analysis from unmasking the predator in every situation to identifying in every social structure the mechanisms of incorporation, mutual subversion, asymmetrical exchange, and surplus-creation (as distinct from equilibrium). If neither the desire for gain nor the desire for dominance are self-explanatory, then the Marxian critique of Nietzsche and the Nietzschean critique of Marxism both have valid points. The essay concludes with reflections about the importance of addressing the post-utilitarian rationale of capitalism with the same depth and comprehensiveness that we find in Marx's critique of its utilitarian rationale. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain (...) norms, but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Papirius and the Chickens, or Machiavelli on the Necessity of Interpreting ReligionJohn M. Najemy*No aspect of Machiavelli’s thought elicits a wider range of interpretations than religion, and one may wonder why his utterances on this subject appear to move in so many different directions and cause his readers to see such different things. One reason is of course his famous challenge to conventional piety in the advice to (...) princes (in chapter 18 of The Prince) that, while it is important to appear to be “all compassion, faith, integrity, humanity, and religione, and there is nothing more necessary for a prince than to appear to have the last of these,” these “qualities” can actually be “damaging” if a prince insists on observing them at all times. For it is sometimes necessary to act “against faith, against charity, against humanity, and against religione.” 1 Machiavelli probably never wrote more famous or infamous words than these, even though they express an obvious, and hardly original, truth about all politics. But the world of the later sixteenth- and seventeenth-century reformations and religious absolutisms could not tolerate such honesty, and Machiavelli’s reputation was quickly tarred with accusations of devilish immorality by the very societies that thought it was godly to burn heretics. On the issue of religion Machiavelli became, and to some extent remains, a convenient scapegoat often blamed for the decline of religion in the modern world, all of which has no doubt intensified the polemical and ideological nature of the debates surrounding his views of religion in general and Christianity in particular. [End Page 659]The polar positions in the interpretation of Machiavelli’s ideas about religion are represented by Leo Strauss and Sebastian de Grazia. For Strauss, Machiavelli was a “teacher of evil,” a “blasphemer,” and a purveyor of lessons of a “diabolical” and “soulless character” whose purpose was to sabotage the heritage of thought and morality inherited from both Christianity and Greek philosophy. 2 De Grazia, by contrast, has recently given us a Machiavelli who “discourses about God always in the conventional reverent attitude,” who “never questions that there is good and evil,” and who, “by associating virtuous political action with grace and glory... argues that through this kind of active and political virtue men conform to God’s desire.” “Behind Niccolò’s insistence on political action,” says de Grazia, “stands God. He grants His grace when it is earned—in political coin.” 3 Part of the fascination of Machiavelli scholarship is the mystery of how this most outspoken and direct of political thinkers—a writer who pulled no punches and minced no words—could be the common referent of such wildly different readings. But it is equally curious to observe how uncannily these extreme positions mirror each other. Both give us true believers, one in the Word, the other in the subversion of the Word; and in both cases a believer who is always of a piece, true to himself, and possessed of an unshakeable commitment—whether positive or negative—toward the transcendent truth of Christianity. In short, for all the obvious differences, the similarities between Strauss’s “diabolical” Machiavelli and de Grazia’s reverent “friend of God” remind one of the old myth that devils are after all only fallen angels.The papers in this forum should certainly remove any doubt about the importance of religion in Machiavelli’s thought. They remind us of the prominence of religious language and examples in Machiavelli’s texts: his call for the “redemption” of Italy in the last chapter of The Prince; the esteem in which he holds the heads and founders of religions, whom he declares, in Discourses 1.10, to be the most praised of all famous men; the crucial appeal to the figure of Moses as the prototype of both founders of states and liberators of enslaved peoples; the central role that Machiavelli attributes to religion among the factors responsible for Rome’s power, unity, and political success; and his provocative critique of Christianity, which leads him, in a number of places, to blame the Christian faith for the relative weakness of both modern states and the modern ethic of citizenship. 4 The authors... (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

continent. 1.3 (2011): 201-207. “Poetry is experience, linked to a vital approach, to a movement which is accomplished in the serious, purposeful course of life. In order to write a single line, one must have exhausted life.” —Maurice Blanchot (1982, 89) Nikos Karouzos had a communist teacher for a father and an orthodox priest for a grandfather. From his four years up to his high school graduation he was incessantly educated, reading the entire private library of his granddad, comprising (...) mainly the Orthodox Church Fathers and the ancient classics. Later on in his life he sold the library for money, only to buy a little more time before he went broke again: “I carry sorrow like a cage/ I got no birds/ as I come back from her hair/ I see the profit emptied/ cool from terror.” (1993, Ι, 101) Nowadays—and ridiculously recently—we are more than apt to speak of a certain insouciance pertaining to the Greek form of expenditure: expenditure without any type of investment, sometimes not (even) symbolic. In the vaults of the European unconscious, this imprudent stance still conjures a “capital punishment” in the form of de-capitation, reflecting back the fear of excess and the terror of its consequences.1 Thus the Greek way of living is very close to what a stranger could have termed as “the Greek way of dying.” Yet, what is not often understood is that the Greek esprit , the same one that invented the maxim μηδ?ν ?γαν (“nothing in excess”), does not experience death solely as an imminent fear of bankruptcy. For it miraculously combines its unconditional acceptance with the promise of a resurrection that is always there in the scents of Spring, from Dionysus to the orthodox Christ: “Everyone resurrects himself through dying [….] Resurrection is the switching of mortalities.” (2002, 94) Hence, if an entire library was imprudently traded for a plate with seven olives, a sliced tomato and some fresh goat cheese, let us not be fooled: this is not the meal of the pauper, but that of “an aristocrat from God” (1993, II, 491) feeding his eloquent loudmouth, ridiculously cut open in an otherwise rock-solid caput . *** To speak of the Greek experience is to speak about a half-dead language that still utters in life what is seemingly excluded from it and thus forbidden to be talked about: death. Death as anything that is out of this world, as something that will never return . Still, along with an experience of death that recently waned as a worn-out academic fashion, the Greek experience is dead too. Nearly 2300 years of written words separating Homer from the fall of Byzantium equal 500 books on a library traded for money: “I am with the killed. Hence my deepest solitude. I do not feel this tremendous macho society, beyond from the fact that it is a ruthlessly consuming one. It is me who pays all the time .” (2002, 57) Let us do the math and see how much this dealing with the Greek experience is costing the poet and how much dealing with the Greek experience might cost us today. *** “I do not guarantee a single word.” (Karouzos, 1993, II, 454) Through its various dialects and forms, the Greek language speaks through an incessant historical dissemination. Anyone who is aware of this terrifying polymorphy and still calls himself a poet, must stand against a white sheet of paper, pen-in-hand, with a very particular duty: to be as fully inconsistent as possible. In the formally ironic uniqueness of the poem, the poet functions as “a band-aid for lesser and greater antinomies.” (1993, I, 251) Of course these antinomies are not exhausted in language—they are historical, political and, alas, existential. Yet, beyond appearances , it is language that ruthlessly encodes them through history, submitting the poet to the temptation of placing them one next to the other on a single white sheet. The closer their neighboring, the greater the scattering of the writer in the ironic uniqueness of the paper. In a work where poetic license is described as a “freedom-impasse” (2002, 51), this task is undertaken in full conscience of its personal consequences: “what I am interested in is to escape my individuality (envisioning the non-ego) […] Nevertheless, my dissociations never achieve duration.” (2002, 74-75) Hence, though poetry is the “deserted direction of will,” (1998, 62) the stance of the poet is not that of a Nietzschean “great man.”2 Whereas drunkenness provides a thread between the poem and the excess it both presupposes and infuses (“Poetry always enlarges. ‘Drunkenness’ is nothing more than that,” (2002, 85)), whereas language flashes in loudmouth spurts of déraison (“When I am alone I do something else. I utter words. For example, while having my ouzo and listening to music I am most likely capable of randomly shouting ‘Electricity!’” (2002, 138)), the poet never gives in to the double affirmation that would eventually risk the “element of pleasure in discourse.” (2002, 80)” It is exactly because the gap of the antinomies is so vast that poetry is not meant to be written with a hammer. Neither does writing consist in a reevaluation of those elements. In short, poetry is not an affirmation of difference, but the surprising beauty of chiming antinomies. We might never transcend them, but it is up to us to put them together. Yet again, this voisinage is not to be identified with the necessity of chance as an eternal return.4 On the contrary it is a return from that very return : Let us treat Yes as a No to No and No as a Yes […] And let us not forget that this pissed affirmation crumbled down Nietzsche’s intellect in the dark paths of this world. (2002, 88) This return from the “vicious circle” should in no way be taken as a form of artistic prudence. Rather it can be seen as a dribble of demonic inconsistency as Dionysus transforms himself into a Christ that is in turn de-theologized: “Who can forbid that? Every man is capable of his own theology, nothing can stop him.” (2002, 73-74) This is a turn towards an existential vision of the world, historically coinciding with a particular political defeat of the Left, to which the poet devoted all his life: after the defeat of the popular front I raised the question “why do we exist?” while others were asking “why we failed.” (2002, 57)5 But most of all it is a return to poetry that exceeds the existential question itself, going beyond the issue of faith. Poetry comes in as a question of return after a defeat that is confessed in full profanity. Though it accepts the necessity of the defeat, it does not affirm it. Though it negates it, the negation is not in the name of a promise to be delivered in the kingdom of heavens. Following a historical and existential defeat, poetry is born post mortem . It signals a return to Christ as “groundless religiousness in the surprise of the real as such” (2002, 72) which is at once a return to the refuge of childhood. It is not a question of endurance towards an eternal return. Rather it is a question on the possibility of an existential return. Returning in a world as someone who cannot enjoy any returns exactly because he is averse to guarantees. A return without returns. *** PHOTOCOPY OF HAPPINESS When I was young I used to pin down cicadas and step on ant nests. I used to stand there silent for hours. With threads I decapitated bees. Now I am a dead man breathing. (Karouzos, 1993, II, 336.) The return to the “paradise of childhood” (2002, 68) constitutes the devouring refuge of its own memory when defeat becomes the synonym of adulthood. The political struggles of a young communist in a country torn up by a civil war right after World War II fraught with incarcerations and exiles. Historically they resulted in the defeat of the communist movement in Greece and opened up a long turbulent road that would peak in the dictatorship of 1967. Existentially they led to a series of disillusionments: mental breakdown, divorce, abandonment of studies in law school. To the question “why do we exist” the answer was poetry. Still this exposé should not be read as a sweeping chronography of a man. For it actually happens to coincide with the historical fate of a nation that after its modern constitution never stopped dreaming of the glories of its past youth, in a present that was (and is) sweepingly disappointing. But isn’t this return to youth finally a way of compensating for a loss of youth that necessarily results in a losing adulthood? Will Greeks, the eternal children of Plato and Nietzsche, ever learn? How to return without dying, how to remember without wasting time? WE ARE IN THE OPEN MEANING Living the coldest mauve night right across Parthenon I went to take a piss on some foliage and I was enjoying the foliage as it was steaming. (Karouzos, 1993, II, 340) Beyond the historical tragedies of modern Greece and away from any personal disappointments, the relation that this land holds with language and history is mediated through the Greek light—whose omnipresence is the very condition of its transcendence. All historical contradictions from Dionysus to Christ took place under this light; all those disseminated dialects were spoken beneath its warmth. To paraphrase Lévinas,6 light is both the condition of the world and of our withdrawal from it—a withdrawal towards the invisibility of God, of the dead, of meta-physics, resulting from the temptation that all is still here, behind this light the visibility of which they once evaded: “birds, the allurement of God.” (1993, I, 17) Under that luminous sky, if Greeks can do anything at all, it is to envision a return that will never come. All they can do is write poetry—which is doing nothing; other than lending an ear to a disseminated language whispering a unity that cannot be promised, as an adulthood in defeat is ready to recognize. Trying “to trap the invisible in visibility” (1993, II, 483) they forget that they have grown up and one day they die—with the promise of return. Hence an additional meaning must be given to this return to childhood. It does not signal salvation but rather its promise. To the ears of an aged continent it means that the return to/of poetry is a losing game, a return without returns. “Europe, Europe… you are nothing more than the continuation of Barabbas.” (1993, I, 295) *** “Life is not there to verify theories.”7 The records show that Karouzos was finally given a second-class pension from the Greek government, at the time when he was being recognized by the literary press as one of Greece’s major contemporary poets. Being neither a bourgeois nor a nobelist, he proclaimed himself to be an anarcho-communist, unconditionally faithful to the utopia of a classless society. He also drank, heavily. “Capitalism made an animal out of man/ Marxism made an animal out of truth/ Shut up.” (1993, II, 369) Perhaps one of the most scandalous divides of our times has been the one between the living and the dead, the latent prohibition that the living should not be concerned with the dead based on the mere impossibility of the dead to be concerned with the living in the first place. What adds to this scandal is that this divide abuses anything that cannot return to us by subsuming it under the same futility. Hence death is no longer “loss” in the usual sense. It no more refers to the things we lost but to our “loss” (of time, money and well-being) as we insist to dwell on them. Death is a waste —of time. It is this waste that we find in the insouciance of Greek expenditure; the waste in dealing with a language that most of its historical part is no longer spoken (a dead language); the waste in translating a poet who is ex definitio untranslatable; the waste of his vision, his money, his life. The waste of dealing with anything that cannot return and that cannot bring in any returns . But it is also the waste of life that poetry itself presupposes, the waste of dealing with invisibility, with anything that is out of this world and thus invokes the fear of death that is in turn—and surprisingly— nowhere to be found. Instead of death, what is there, beyond the light, is the being without us (to recall the Lévinasian il y a ), the mumble of our own nothingness which constitutes the price to be paid for writing poetry under an evergreek light. To understand this to-and-fro, is to realize that poetry is something out of this world that nevertheless takes place in this world, by virtue of this world. But to ridiculously equate this to-and-fro with death as non-existence, is to exile poetry along with its own possibility from this same old world: I do not believe that poetry will ever disappear from this world. […] But I am also sure that it does not have many chances of playing, as you say, a redemptive role in our vertiginous technological future. Without being endangered as a creative need, it will be placed on the side of history. (2002, 32) It is mainly there that we would like to locate the meaning of Nikos Karouzos’s poetry today. If we are willing to include the Greek original it is because we consider that it will be both a waste of time for us to do so (since most of you cannot read Greek) and because it might induce you to the even larger waste of learning it. We would additionally be glad if this small introduction served as an equally wasteful, academically useless piece of reading, gesturing towards a taboo of investing in anything Greek—that is in anything dead among the living, in anything that will never come back and maybe was never here in the first place. This is the only way to reserve for ourselves the possibility of poetry and preserve the light of its promise. “To return: that is the miracle.” (1993, I, 17) Athens, Greece July 10, 2011 NOTES 1 “ Capitale (a Late Latin word based on caput “head”) emerged in the twelfth to thirteenth centuries in the sense of funds, stock of merchandise, sum of money or money carrying interest.[…] The word and the reality it stood for appear in the sermons of St. Bernardino of Siena (1380-1444) ‘… quamdam seminalem rationem lucrosi quam communiter capitale vocamus ’, ‘that prolific cause of wealth that we commonly call capital’” (Braudel, 1992, 232-233). 2 “A great man – a man whom nature has constructed and invented in the grand style – what is he? First : there is a long logic in all of his activity, hard to survey because of its length, and consequently misleading; he has the ability to extend his will across great stretches of his life and to despise and reject everything petty about him, including even the fairest, ‘divinest’ things in the world.” (Nietzsche, 1968, 505, §962) 3 Cf. Deleuze, 1986, 186-9. 4 “Return is the being of becoming, the unity of multiplicity, the necessity of chance: the being of difference as such or the eternal return.” (Deleuze, 189)5 In this 1982 interview Karouzos refers to the defeat of the communist movement in Greece after the civil war of 1946-1949 between the Governmental Army and the Democratic Army of Greece, the military division of the Greek communist party. Karouzos’s father was a member of the communist National Liberation front (EAM) members of which formed the mainl resistance movement (ELAS) in Greece during WWII. The poet was a member of the United Panhellenic Organization of Youth (EPON), which was a youth division of EAM. After the end of the war, ELAS was called to disarmament in view of the formation of a National Army. The members of EAM resigned from the government of national unity and a series of protests led to a 3 year civil war between ELAS and the Government Army. After the defeat of ELAS the Communist party was outlawed and many communists were exiled in deserted Greek islands. Karouzos, who took action in the Greek resistance and was active during the Greek civil war, was exiled in Icaria on 1947 and in Makronisos on 1953 where he was called two years earlier to do his military service. 6 “Existence in the world qua light, which makes desire possible, is then, in the midst of being, the possibility of detaching oneself from being. To enter into being is to link up with objects; it is in effect a bond that is already tainted with nullity. It is already to escape anonymity. In this world where everything seems to affirm our solidarity with the totality of existence, where we are caught up in the gears of a universal mechanism, our first feeling, our ineradicable illusion, is a feeling or illusion of freedom. To be in the world is this hesitation, this interval in existing, which we have seen in the analyses of fatigue and the present.” (Lévinas, 1988,43-4) 7from a TV interview. THE POETRY OF NIKOS KAROUZOS From Redwriter [ Ερυθρογρ?φος ], in Collected Works, Vol . II, Athens: Ikaros. 1993, 463-4. [Athens: Apopeira, 1990, 9-10.] JESUS ANTI-OEDIPUS* Why were we once saving till the fifth day the Paschal lamb? The scriptures say: with this victim’s meat we ought to cleanse all of our senses. To give life to the whitest wave miraculous odors in the extension of the chest. Ideals to death. For us to witness the illustrious dawns of Absinthe and for the soul to be a deeply carved ornament on the fore we named will. Then many deer running amidst the evergreen growth with watery hymns, then, the unintended angels descending with heights spiraling in their momentum offer themselves to the luminous Adventure. Whence the need for speech and our sufferings covered with flags like the glorified dead. An incorporeal finger pointing at the flamboyant and fragrant holocausts within the tired horizons and the exhausted breadths with joys of the mistletoe on fire and shivering all of the green-leaved love. Something would have chirped again had we not driven it away— maybe the ewe’s grass. Something would have called us to the eternal resurrection— maybe the grace of spring. But now our heart is fiercely blinded, withdrawn to the appearances of Hades. Silence and ice incessantly cover the Infant Spirit in thatched times. While the cherry trees are dreaming faintly glowing in absolute darkness there’s nothing the Babylonians can contemplate in labs with automatic colored lights. How to rejoice now in the fifth day of the lamb? We have forked the stars. We’ve gradually become supposedly sublime with plucked chimeras in our hands. Avenged relentlessly by science. *Though the poem appears in a 1990 collection, it was actually written in 1968. Hence the reader must be aware in not associating Karouzos’ Anti-Oedipus with the famous 1972 work of Deleuze and Guattari, given that the former precedes the latter. ΙΗΣΟΥΣ ΑΝΤΙ-ΟΙΔΙΠΟΥΣ Γιατ? κρατο?σαμε κ?ποτε ?ς την π?μπτη μ?ρα το πασχαλιν? πρ?βατο; Τα κε?μενα λ?νε: μ’ αυτο? του θ?ματος το κρ?ας ?πρεπε να καθαρ?σουμε ?λες τις αισθ?σεις. Για να δ?σουμε κ?μα στη ζω? λευκ?τατο θαυμ?σιες ευωδι?ς στην ?κταση του στ?θους. Ιδανικ? στο χ?ρο. Για να βλ?πουμε τα λαμπρ? χαρ?ματα του ?ψινθου και να ’ναι η ψυχ? στ?λισμα βαθυχ?ρακτο της πλ?ρης που την ε?παμε θ?ληση. Τ?τε πολλ?ς δορκ?δες τρ?χοντας αν?μεσα στην καταπρ?σινη φ?ση με τους υδ?τινους ?μνους, τ?τε, κατεβα?νοντας οι αθ?λητοι ?γγελοι με κυλινδο?μενο το ?ψος στην ορμ? τους χαρ?ζονται της αστραφτερ?ς Περιπ?τειας. ?θεν η μιλι? γι’ αυτ? χρει?ζεται και τα δειν? σκεπ?ζονται ωσ?ν τους τιμημ?νους νεκρο?ς με σημα?ες. Ασ?ματο δ?χτυλο δε?χνει τα φλογ?δη και μοσχοβ?λα ολοκαυτ?ματα στους κουρασμ?νους ορ?ζοντες στα εξουθενωμ?να πλ?τη καθ?ς αν?βουν οι χαρ?ς του νερα?δ?ξυλου και τρ?μει ολ?κληρη η πρασιν?φυλλη αγ?πη. Κ?τι θα κελαηδο?σε π?λι αν δεν το δι?χναμε— μπορε? της προβατ?νας το χορτ?ρι. Κ?τι θα μας καλο?σε στην απ?ραντη αν?σταση— μπορε? του ?αρος η χ?ρη. Μα η καρδι? μας ?γρια τυφλ?θηκε π?ρασε στα φαιν?μενα του ?δη. Σιγ? και π?γος αδι?κοπα σκεπ?ζει στους αχυρ?νιους καιρο?ς το Ν?πιο Πνε?μα. Την ?ρα που ονειρε?ονται οι βυσσινι?ς και λ?μπουν αμυδρ? μεσ’ στο απλ?τατο σκοτ?δι τ?ποτα δε στοχ?ζονται οι βαβυλ?νιοι στα εργαστ?ρια με τ’ αυτ?ματα χρωματιστ? φ?τα. Π?ς να χαρο?με πια την π?μπτη μ?ρα του προβ?του; Φουρκ?σαμε τ’ αστ?ρια. Γ?ναμε σιγ?-σιγ? δ?θεν υπ?ροχοι με μαδημ?νες χ?μαιρες στα χ?ρια. Μας ν?μεται σκληρ? η επιστ?μη. From: Redwriter [Ερυθρογρ?φος], in Collected Works, Vol. II, Athens: Ikaros. 1993, 472. [Athens: Apopeira, 1990, 18.] DIALECTΙCS OF SPRING Christ the straight angle; Christ the Pythagorean theorem. Christ the infinitesimal calculus from above the blessed Sets Christ. Christ the tessellation of massive particles Christ the zero mass. Hence we spray numbers and fields of lust. We are carabineers of diseased logic plus something— Observed means observer and Hekate The darkness luminous and light in the dark Astarte banqueters demons from today. ΔΙΑΛΕΚΤΙΚΗ ΤΟΥ ΕΑΡΟΣ Χριστ?ς η ορθ? γων?α· Χριστ?ς το πυθαγ?ριο θε?ρημα. Χριστ?ς ο απειροστικ?ς λογισμ?ς ?νωθεν ?λβια Χριστ?ς τα Σ?νολα. Χριστ?ς η ψηφιδογραφ?α στα μαζικ? σωμ?τια Χριστ?ς η μ?ζα μηδ?ν. ?ρα ψεκ?ζουμε αριθμο?ς και πεδ?α λαγνε?ας. Ε?μαστε τυφεκιοφ?ροι νοσο?σης λογικ?ς και κ?τι-- παρατηρο?μενο σημα?νει παρατηρητ?ς και Εκ?τη σκ?τος το π?μφωτο και φως εν τ? σκοτ?? η Αστ?ρτη συνδαιτημ?νες δα?μονες απ’ ?ρτι. From: Redwriter [Ερυθρογρ?φος], Athens: Apopeira, 1990, 18. [1993, II, 472]. CREDO (as we are used to say in Latin) Α I believe in one Poet expelled from heavens / fugitive from the god and vagabond, Empedocles / and here on earth / exile on the earth etc. of Baudelaire /. Β I believe in one Computer inside thunder and through matter. Γ Suffering undefiled / substantive / the Poet uplifts himself slow-burning suicidal implying lengthy sleeps. Δ Cutting down on prospective mistakes. Ε Of all things visible and invisible officiating the onion-peelings. Ζ The Poet has nothing / see the departed /. Η I believe in one Poet that says: madness I enjoy; he ridicules existence; let me light up from my mana. Θ Syntax he doesn’t care about when musicality commands him. Along with still more licenses, and Ts are played according to the concept sound anywhere. E.g. the winters here, he winters there; it will not come—I will not rest, etc. etc. Ι The Poet exercises thought until it’s stripped down. Κ And if he’s Greek he must always study the fineness of Attica, in light, mountains, fields and sea. For this fineness teaches language. Λ And if he’s deeply destined the Poet expresses the unexplainable of the explained; he happens to be a rightful heir to the scientist and his predecessor. Μ On the froth he does not last; the Poet blusters at the bottom of the pot. Ν Flamebred and never redeemed. Ξ The Poet must sometimes say: what a consumption of presence — be a bit lonely for a change! Ο The Poet is twilit. Π He is susceptible of deaths and resurrections. Ρ He looks from the corner of his eye and exists in a glance. Σ He follows behind the mother. Τ Eveningless when it comes to age. Υ I believe in one Poet who says: let the purities coincide. Until the Corinth of the Universe or even further. Φ In a higher despair. Χ In a brighter quintessence. Ψ In one sensation that lifts off. Ω Forgiving everyone. CREDO (ως ε?θισται να λ?με λατινιστ?) Α Πιστε?ω εις ?να Ποιητ?ν εκτ?ς ουρανο? / φυγ?ς θε?θεν και αλ?της, Εμπεδοκλ?ς / και επ? της γης / εξ?ριστος π?νω στη γη κ.λπ. του Βωδελα?ρου /. Β Πιστε?ω εις ?να Υπολογιστ?ν εντ?ς κεραυνο? και δια της ?λης. Γ Υποφ?ροντας ?χραντα / ουσιαστικ?ν / ο Ποιητ?ς ανατε?νεται βραδυφλεγ?ς αυτ?χειρας εξυπακο?οντας πολ?ωρους ?πνους. Δ Τα υποψ?φια λ?θη λιγοστε?οντας. Ε Ορατ?ν τε π?ντων και αορ?των ιερουργ?ντας την αποκρομμ?ωση. Ζ Ο Ποιτ?ς ?χει τ?ποτα / βλ?πε τους αναχωρ?σαντες /. Η Πιστε?ω εις ?να Ποιητ?ν που λ?ει: η τρ?λα μ’ αρ?σει· γελοιοποιε? την ?παρξη· ας αν?ψω απ’ τη μ?να μου. Θ Συνταχτικ? δεν το γνοι?ζεται στην προσταγ? της μουσικ?τητας. Μαζ? και μ’ ?λλες ακ?μη λευτερι?ς, και τα νυ πα?ζονται κατ? την ?ννοια ?χος οπουδ?ποτε. Π.χ. τον χειμ?να εδ?, το χειμ?να εκε?· δε θ? ’ρθει – δεν θα καταλαγι?σουμε, κ. λπ. κ.λπ. Ι Ο Ποιητ?ς γυμν?ζει τη σκ?ψη σε απογ?μνωση. Κ Κι αν ε?ναι ?λληνας οφε?λει να σπουδ?ζει π?ντοτε της Αττικ?ς τη λεπτ?τητα, σε φως, βουν?, χωρ?φια και θ?λασσα. Διδ?σκει γλ?σσα η λεπτ?τητα το?τη. Λ Κι αν ε?ναι βαθι? πεπρωμ?νος ο Ποιητ?ς εκφρ?ζει το ανεξ?γητο του εξηγητο?· τυγχ?νει ν?μιμος δι?δοχος του επιστ?μονα και προκ?τοχ?ς του. Μ Στον αφρ? δεν ?χει δι?ρκεια· στο πατοκ?ζανο μα?νεται ο Ποιητ?ς. Ν Φλογοδ?αιτος και ποτ? ξελυτρωμ?νος. Ξ Ο Ποιητ?ς κ?ποτε πρ?πει να λ?ει: μεγ?λη καταν?λωση παρουσ?ας – γενε?τε και λ?γο μοναξι?ρηδες! Ο Ο Ποιητ?ς ε?ναι αμφ?φλοξ. Π Επιδ?χεται θαν?τους και αναστ?σεις. Ρ Ακροθωρ?ζει και υπ?ρχει σε ξαφνοκο?ταγμα. Σ Ε?ναι ουραγ?ς της μητ?ρας. Τ Αν?σπερος απ? ηλικ?α. Υ Πιστε?ω εις ?να Ποιητ?ν που λ?ει: να συμπ?σουν οι αγν?τητες. Μ?χρι την Κ?ρινθο του Σ?μπαντος ? μακρ?τερα. Φ Σε αν?τερη απελπισ?α. Χ Σε φαειν?τερη πεμπτουσ?α. Ψ Σε μια α?σθηση που πτηνο?ται. Ω Συγχωρ?ντας τους π?ντες. From Large Sized Logic [ Λογικ? μεγ?λου σχ?ματος ], Athens: Erato, 1989, n.p. [1993, II, 521-3]. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.1 (2003) 111-120 [Access article in PDF] Hobbes on Law, Nature, and Reason Kinch Hoekstra Balliol College, University of Oxford The reason of a thing is not to bee inquired after till you are sure the thing it selfe bee soe. Wee comonly are att (What's the reason of it?) before wee are sure of the thing. T'was an excellent question of my (...) Lady Cotton, when Sr. Robert Cotton was magnifying of a shoe, wch was Moses's or Noahs, & Wondering att the strange shape & fashion of it: but, Mr. Cotton, sayes shee, are you sure 'tis a shooe. 1A law of nature is a rule discovered by reason. 2 This is the key to John Deigh's attempt to show that "Hobbes's ethics is logically independent of his moral psychology." 3 By this he means that the "theorems" of Hobbes's ethics, the laws of nature, "have no other ground than the definition on which it [his ethics] is based." 4 Deigh thinks he establishes this conclusion by taking seriously both Hobbes's definition of a law of nature as "a Precept, or generall Rule, found out by Reason, by which a man is forbidden to do, that, which is destructive of his life," and his definition of reason as "nothing but Reckoning (that is, Adding and Substracting) of the Consequences of generall names." 5 Deigh puts these two definitions together to argue that Hobbes's ethics is a deductive science, and that those who instead think of his ethics as dependent on desire or as involving instrumental reason ("means-to-ends thinking," as he calls it) are mistaken. The particular virtue of this interpretation, Deigh says, is that without it we have to read Hobbes in the Leviathan as sometimes using "reason" in a way that is different from the way he defines it in chapter 5. 6I will argue that Deigh misunderstands the basis, status, and scope of Hobbesian natural law. In his attempt to save Hobbes from using "reason" equivocally, Deigh attributes mistakes and inconsistencies to him that are more serious and have less [End Page 111] textual justification than that apparent equivocation. A source of the misunderstanding is a simplification—accepted by Mark Murphy and many other interpreters—of Hobbes's conception of reason.Let us begin with Deigh's view of the scope of the law of nature, as he admits that his interpretation would be undermined were he wrong about this. "While the laws of nature are dictates of reason for people living in a state of nature," he says, "they are not truly laws in such circumstances and therefore not sources of obligation in them." 7 If Murphy is right that Hobbes does think they are obligatory outside of civil society, then it is, Deigh concedes, "a genuine problem" for his account. 8 In reply, Deigh refers to the two passages where Hobbes says that the laws of nature are "not properly Lawes," quoting the one from chapter 26, which explicitly recapitulates a claim from chapter 15. 9 In this earlier passage, however, Hobbes adds: "But yet if we consider the same Theoremes, as delivered in the word of God, that by right commandeth all things; then are they properly called Lawes." 10 Hobbes thinks that the laws of nature are always obligatory. He holds, for example, that the law of nature that covenants be kept obliges even "in the condition of meer Nature" or "condition of Warre," and that "the rule of Manners, without Civill Government, is the Law of Nature." 11 Hobbes says that although the laws of nature donot always oblige "in foro externo; that is, to the putting them in act," they do always "oblige in foro interno; that is to say, they bind to a desire they should take place." 12 Although they only require "a desire, and endeavour," Hobbes makes clear that these requirements are laws, and that they are binding and obligatory. 13If Deigh were right, sovereigns would not be obligated by... (shrink)

I aim to analyze in this dissertation what a desirable basic institutional structure looks like from the perspective of rationality. While the main topic is thus normative in nature, I start by clarifying in the first part what the notion of rationality exactly entails. I do so by focusing explicitly on the economic conception of rationality, according to which a rational individual is motivated to serve his self-interest on the basis of cost-benefit calculations. Such a Homo Economicus is characterized by (...) his intentional and instrumental actions, his perfectly informed beliefs and his exogenously given and egoistic preferences. In my view, however, this model is inadequate if one aims to understand what it means to be rational. The requirements that actions should be instrumental, beliefs should be based on perfect information and preferences should be exogenously given and egoistic in nature turn out to be overly demanding in this respect. That is why I propose to drop these assumptions in what I label the minimal conception of rationality. Since the latter turns out to be very formal indeed, I propose two further alternatives, which focus not so much on the choice of means to achieve certain goals, as they focus on the choice of these goals themselves. According to the first, broad conception, actions are rational if they are based on good reasons, which are further qualified as well-informed beliefs and autonomous preferences. According to the second, expressive conception, actions, beliefs and preferences are rational if they express the things the individual at hand cares about. The latter requires that individuals can reflect upon and identify with their reasons, which implies a capacity to reflect upon and distance themselves from their own bundle of preferences. In the second part of this dissertation, I try to show the value and limitations of these conceptions by applying them to the context of large-scaled elections. In this respect, it becomes immediately clear that the economic conception fails to explain why quite a lot of people go out and vote. After all, since a single vote has only an infinitesimal impact on the electoral result, it does not enable people to serve their interests or realize their goals. This leads to the so-called voting paradox, according to which no rational individual will decide to vote. The standard solution is to assume that individuals vote because they derive satisfaction from the very act itself. However, this strategy is rather ‘ad hoc’ and does not explain how people vote once they find themselves inside the voting booth. The expressive conception of rationality does better in this respect. It suggests that people vote because they care about democracy in general or about a specific political candidate or ideology. Since they conceive of themselves as being a good citizen, they express this aspect of their identity by going out to vote. In the third part of this dissertation, I analyze more fully the normative implications of the different conceptions of rationality. More specifically, I try to answer the question which basic institutional structure is desirable if one assumes that people are by and large rational. This immediately shows that both the normative issue and the explanatory issue are closely connected. In my view, proposals regarding institutional design and reform should be based on empirically adequate models of individual actions and motivations. This search for a realistic utopia goes against the conventional strategy of most economists. They rely on the Homo Economicus model, even if this fails to explain individual behavior. To explain more fully what the normative implications are of the counterfactual assumption that all people are economically rational, I focus on the work of James Buchanan. In his theory of constitutional choice, he argues in favor of a minimal state whose only task is to make sure that the market functions properly. Buchanan thus favors strict constitutional limitations for governments, which tend to expand beyond legitimate borders as soon as politicians and public servants are allowed to serve their own interests. In my view, however, the abovementioned criticisms of the Homo Economicus model have theoretical as well as normative implications. After all, the empirically supported fact that a majority of individuals does not act in economically rational ways creates more room for legitimate government intervention. Expressively rational citizens will, for example, more easily agree on the necessity and desirability of a collective provision of certain public goods. In addition, expressively rational politicians and public servants can be more easily trusted to serve the public interest rather than their narrowly defined self-interest. As an alternative to Buchanan’s one-sided focus on economic rationality and the market, I focus on the work of Samuel Bowles en Herbert Gintis. More specifically, I explore their work on the phenomenon of strong reciprocity, which refers to the widespread tendency of people to reward prosocial behavior and punish antisocial behavior, even if this is costly for themselves. Since this is clearly economically irrational, Bowles and Gintis propose to complement the Homo Economicus model with the Homo Reciprocans model. This model, which comes close to the expressive conception of rationality, is able to incorporate the insight that social norms surrounding reciprocity, cooperation and fairness are crucial in regulating interactions. At the normative level, Bowles and Gintis stress that such norms often lead to socially desirable outcomes, since they enable people to live in harmony without relying on coercive and costly government interventions. This suggests that the debate between proponents of the market on the one hand and the state on the other hand neglects the importance of communities where people spontaneously interact on the basis of generally prosocial norms. As such, the insights of Bowles and Gintis lead to a defense of a basic institutional structure in which markets, states and communities mutually complement and reinforce each other. They also justify a general optimism as regards to the capacity and motivation of people to try and improve the rules and institutions that govern their everyday lives. (shrink)

That i) there is a somehow determined chronology of Plato’s dialogues among all the chronologies of the last century and ii) this theory is subject to many objections, are points this article intends to discuss. Almost all the main suggested chronologies of the last century agree that Parmenides and Theaetetus should be located after dialogues like Meno, Phaedo and Republic and before Sophist, Politicus, Timaeus, Laws and Philebus. The eight objections we brought against this arrangement claim that to place the (...) dialogues like Meno, Phaedo and Republic both immediately after the early ones and before Parmenides and Theaetetus is epistemologically and ontologically problematic. -/- Key Words: Plato; chronology; knowledge; being; Parmenides -/- Introduction While the ancient philosophers, doxographers and commentators from Aristotle onward considered, more or less, the question of the date and arrangement of the dialogues (cf. Irwin 2008, 77 n. 69), they would not observe a firm necessity to consider the progress of Plato’s theories in dialogues, maybe because they did not think of any essential shift in there. We might be able to say, nevertheless, that the most prominent feature of the ancient attitude to Plato was its peculiar attention to the Republic and the Timaeus as the most mature works in his philosophy and also the consideration of Laws as a later work. This tendency can be discovered from the general viewpoint of the first chronologies of the early 19th century after starting to deal with the issue. That Schleiermacher observed Republic as the culmination of Plato’s philosophy and as one of the latest dialogues besides Laws and Timaeus could reflex the implicit chronology of the tradition in the first mirrors it found. Another tendency in Schleiermacher is taking the triology of Theaetetus, Sophist and Politicus as relatively early. From the last quarter of 19th century onward, stylometry helped scholars to establish a new framework to constructa new arrangement between the dialogues. Based on stylistic as well as literary findings, Campbell (1867, xxxff.) argued for the closeness of the style of Sophist and Politicus with Timaeus, Critias, Philebus and Lawsthat, especially because of the certain evidence about this last dialogue’s lateness, led to the consideration of all as late dialogues. Almost every other stylistic effort after Campbell approved the similarities between Sophist and Politicus with Timaeus, Critias, Philebus and Laws. The result of all such investigations led to a new chronology that, despite some differences, has a fixed structure in all its appearances. 1. The Standard Chronology of the Dialogues The chronologies that are now commonly accepted are mostly based on the arrangement of dialogues to three groups corresponding to three periods of Plato’s life, which became predominant after applying stylistic features in assessing the similarities between dialogues. The fact that all the stylometric considerations reached to the similar results about the date of dialogues while they were assessing different stylistic aspects helped the new chronology become prevailing not only among stylistic chronologies but also between those like Fine, Kahn and Vlastos who were inclined more to the content-based arrangements. Even this latter group could not neglect the apparently certain results of using the method of stylometry. This was the main reason, I think, that made what they called content-based chronology be under the domination of stylometry much more than they could expect. The division of the dialogues into three separate groups became something that most of the scholars took for granted so far as Kahn thinks this division 'can be regarded as a fixed point of departure in any speculation about the chronology of the dialogues' (1996, 44). Thereafter, all the chronologists are accustomed to divide the dialogues to three groups of early, middle and late corresponding to the three stages of Plato’s life. Nevertheless, some of them tried to make subdivisions among each group and introduce some of the dialogues as transitional between different periods and thus reached to a fourfold classification of the dialogues. Although theycould never achieve to a consensus about the place of some dialogues, about which we will discuss soon, the whole spirit of theirchronological arrangements is the same and thus compelling enough for us to unify all of them with the label of 'Standard Chronology of Dialogues' (SCD). We brought together some of the most famous chronologies in the table below to make a comparison easier and to show how all are approximately of the same opinion about the place of some dialogues. The following points must be noted about this table: 1. I divided the dialogues to eight groups of early, late early, transitional, early middle, late middle, post-middle, early late, and late. Although none of the chronologists applies this classification, it can be helpful to compare them. In this table, for example, if one of the chronologist’s beholds one of the dialogues as later than all the dialogues of middle group, it is considered here as late middle. Otherwise, if it is emphasized that it is after all of them, it is considered as post-middle. The same is true about the dialogues of the late group in which I regarded the first dialogues of that period as early late only in those who explicitly considered some dialogues as earlier than other ones in the late group. Though, therefore, some of the dialogues might have not been considered as forming a distinct class, they are distinguished here. A. SCD’s Early and Transitional Dialogues When we move from stylometric to content-based chronologies, the homogeneity between the dialogues of each group is more understandable. Guthrie (1975, v. 4, 50) distinguishes three groups, the first of them includes Apology, Crito, Laches, Lysis, Charmides, Euthyphro, Hippias Minor, Hippias Major, Protagoras, Gorgiasand Ion. In addition to Meno, Phaedo and Euthydems, his first group does not include Cratylus and Menexenus. Unlike Guthrie, almost all the other content-based chronologiesof our study desire to distinguish two categories inside the first group of which the latter must be considered as the transitional group leading to the dialogues of the middle period. Kahn distinguishes four groups of dialogues and arranges two of them before middle period dialogues. The first group including Apology, Crito, Ion, Hippias Minor, Gorgiasand Menexenus he calls 'early' or 'presystematic' dialogues (1998, 124). The second group he calls the 'threshold', 'pre-middle' or 'Socratic' dialogues including seven: Laches, Charmides, Lysis, Euthyphro, Protagoras, Euthydemus and Meno. Based on Vlastos’ arrangement we must distinguish Euthydemus, Hippias Major, Lysis, Menexenus and Meno as 'transitional' dialogues from the 'elenctic' dialogues that are the other dialogues of Kahn’smentioned first two groups plus the first book of theRepublic. Fine also distinguishes 'transitional' dialogues from early or 'Socratic' dialogues,but her transitional dialogues are Gorgias, Meno, Hippias Major, Euthydemus and Cratylus of which she thinks the last two dialogues are 'controversial' (2003, 1). Her Socratic dialogues are all the remaining dialogues of Kahn’s first two groups. In spite of all the differences between the mentioned chronologies, it can be seen that all of them are inclined to arrange the early dialogues in a way that: i) Besides the dialogues that are considered as late, it never includes Republic II-X, Theaetetus, Phaedrus and Parmenides. ii) It intends to consider the dialogues like Euthydemus and Hippias Majorthat look more critical as later among the earlier dialogues or as transitional group. iii) Those who do not consider Meno as a middle period dialogue place it in their second or transitional group. iv) None of the content-based chronologies considers Phaedo and Symposium as early. Stylometric chronologies also intend to put them either as last dialogues among their early ones or as middle. B. SCD’s Middle Period Dialogues Campbell listed Republic, Phaedrus, Parmenides and Theaetetus as his second group of dialogues, an idea thatwas accepted by Brandwood. Ledger’smiddle period dialogueshad Euthydemus, Symposium and Cratylus in addition to the dialogues that Campbell and Brandwood had mentioned as middle. Among content-based chronologies, Guthrie’s list of middle period dialogues did not include Parmenides but some dialogues which had been considered as early in stylometric ones: Meno, Phaedo, Republic, Symposium, Phaedrus, Euthydemus, Menexenus and Cratylus. In sofar as I know, Euthydemus and Menexenus have not been considered as middle by other content-based chronologists and Guthrie is an exception among them. That Phaedo, Phaedrus, Symposium and Republic were middle period dialogues almost all the philosophical chronologists like Kahn, Fine, Vlastos (except Rep.I), Irwin andKraut came along. The dialogues they do not string along about are Meno, Cratylus, Parmenides and Theaetetus. Those like Guthrie, Kraut and Irwin who did not consider Meno as early presumably posit it among middles. The same can be said about Cratylus in the suggested chronologies of Guthrie, Kahn, Vlastos and Kraut. Nonetheless, it is different in case of Parmenides and Theaetetus. Whereas all the mentioned stylometric chronologists like Campbell, Brandwood and Ledger set them among middle period dialogues,the philosophical chronologists, it might seem at first, did not arrive at a consensus about them. While Guthrie and Fine put them as the first dialogues of the late group, Vlastos and Kraut set them as the latest of the middle group, as well as Kahn who puts them as post-middle and amongst the late period dialogues. Regardless the way they classify their groups, their disagreement does not affect the arrangement of the dialogues: they all posit Parmenides and Theaetetus after the series of Meno, Phaedo, Phaedrus, Symposium and Republic and before Sophist, Politicus, Timaeus, Philebus and Laws. To sum up SCD’s arrangement of the middle period dialogues we can add: v) Republic and Phaedrus have been considered by all the mentioned chronologists as dialogues of the middle period. vi) All the philosophical chronologies have reached a consensus about setting Phaedo and Symposium alongside with Republic and Phaedrus as middle. vii) While Stylometric alongside some philosophic chronologists arrange Parmenides and Theaetetus among their middle period dialogues and mostly as the latest among them, other philosophical chronologists put them as the early among the late dialogues. We can conclude then that SCD intends to locate these two dialogues at the boundary between the middle and late period dialogues. -/- . (shrink)

Value, Reality, and Desire is an extended argument for a robust realism about value. The robust realist affirms the following distinctive theses. There are genuine claims about value which are true or false--there are facts about value. These value-facts are mind-independent - they are not reducible to desires or other mental states, or indeed to any non-mental facts of a non-evaluative kind. And these genuine, mind-independent, irreducible value-facts are causally efficacious. Values, quite literally, affect us. These (...) are not particularly fashionable theses, and taken as a whole they go somewhat against the grain of quite a lot of recent work in the metaphysics of value. Further, against the received view, Oddie argues that we can have knowledge of values by experiential acquaintance, that there are experiences of value which can be both veridical and appropriately responsive to the values themselves. Finally, these value-experiences are not the products of some exotic and implausible faculty of "intuition." Rather, they are perfectly mundane and familiar mental states - namely, desires. This view explains how values can be "intrinsically motivating," without falling foul of the widely accepted "queerness" objection. There are, of course, other objections to each of the realist's claims. In showing how and why these objections fail, Oddie introduces a wealth of interesting and original insights about issues of wider interest--including the nature of properties, reduction, supervenience, and causation. The result is a novel and interesting account which illuminates what would otherwise be deeply puzzling features of value and desire and the connections between them. (shrink)

One of the most important issues in Islamic law is that either partially or completely, or temporary or permanently, a rule can be changed for a particular group of people or everyone. Since the concept of necessity can lead to a change of an important rule like ḥarām/prohibition, this concept should be examined meticulously both in theory and in practice. The thşs study aims to analyze how and why necessities make some ḥarāms permissible and to reveal the ultimate (...) cause for this ibāḥa (permission) from the point of view of Islamic legal theory and philosophy. To achieve this aim, first, the nature of the relationship between the prohibition and the act is examined. To understand how and why necessity gives permission to some ḥarāms, it is necessary to determine the changing and unchanging elements in the case at issue. In the case of necessity, there is no change in the nature of the act and the evil, which is considered as the reason of banning. Indeed, there is a change in the conditions surrounding the act and in the state of the obligated person. However, the main factor that enables the change in ḥarām is the change in the addressing of Shāri‘, who takes into account the changes mentioned. It is seen that the changes stemming from necessity do not lead to the same results as in all permitted ḥarāms. This observation requires a thourgh examination and elaboration on what the scholars of legal theory mean by abolition of prohibition and turning it into permissible. As a result, it has been observed that permitted ḥarāms do not equally function in terms of turning into permissible and that they do not have an equal effect on other acts in the field of mubāḥ. In that case, it is possible to evaluate the permitted ḥarām acts as al-maʻfuw ʻanh/forgiven acts. Although the act could be considered part of the category of mubāḥ, it would be more correct to place them close to the line of makrūh. From the point of view of the servant, the reason why necessity makes a ḥarām act permissible is the priority of avoiding greater evil. However, to reveal His sincere servants, Allah's command to them to avoid all ḥarāms even if they die, does not contradict with His wisdom. For this reason, the ultimate cause why Allah considers the case of necessity in passing judgment is His endless mercy. All these points helped reaching some broader conclusions about legal theory, as well as some conclusions specific to the case of necessity. It turns out that to understand how necessity makes some ḥarāms permissible, one needs to comprehend the relation between the act, the obligated person, the conditions surrounding them and the Shari‘ correctly. Understanding this relationship well is also extremely important to understand the theory of ruling and the Islamic legal theory. This research has substantiated once again that the issues addressed by the Islamic legal theory and practice are linked to the theological doctrines, more than, it is commonly perceived or considered. It turns out that it is important to know the deep or subtle differences between the terms such as ḥarām-ḥalāl, maḥẓūr-ḥarām, mubāḥ-ḥalāl, fundamental mubāḥ-ma‘fuw ‘anh, etc. as well as grasping each of the rule categories. Comprehending all these concepts constitutes an important step in acquiring a true understanding of religion and the maqāṣid al-sharī‘a. In this research, it has been proven once again that each category of the rule includes different levels of ruling in itself. The reason why the acts are categorized in different levels even if they are in the same rule category is the concepts of worldly and otherworldly; evil or good arising from the the ḥarām act. This study also confirmed that the obligated person is at the center of the law. This fact reveals how difficult it is to argue that the rules of Allah are based on divine will that is independent of and disregards the act, obligated person, and conditions. On the contrary, it is understood that the interests of the servant are considered both in the rules of necessity and in the whole of the divine legislation (and even the genesis). On the other hand, this indicates a legal system that is not inflexible and dull, but rather dynamic and parallel to life. Both the fact that the real and absolute source of the rule is Shāri‘ Almighty,and that a very large area of legislative was left to the mujtahid should be considered together. This truth has been observed once again in the matter of making prohibitions permissible on the basis of necessity, and the task of determining which evil is greater was often left to the mujtahid’s consideration. (shrink)

In this thesis I investigate the notion of experience in German Idealist Philosophy. I focus on the exploration of an alternative to the transcendental model notion of experience through Schelling's insight into the notion of logogrif. The structural division of this project into two sections reflects the two theoretical standpoints of this project, namely the logic and the logogrif of experience. The first section - the logic of experience - explores the notion of experience provided in Kant's Critique of Pure (...) Reason, Critique of Judgement and Fichte's Science of Knowledge. I argue that Kant's fundamental question about the possibility of synthetic a priori judgements succeeds in thematising the aporia of cognitive experience but results in a subject-oriented, representational model which radically confines the notion of experience to the constitutive laws of the understanding or to the normative precepts of Reason. Experience is founded upon a sharp division between faith and knowledge, will and logic, desire and reflection, absolute and finitude. Fichte's endeavour to articulate a non-representational account of experience, does not succeed in extricating itself from the representational model, so long as experience is reduced to the ever-producing deeds of the self-positing ego. Despite the serious differences between Kant's and Fichte's notions of experience, both accounts, so long as they unfold from a transcendental standpoint, attempt to resolve experience into conceptual laws or determinations of the ego's absolute will. Experience is transformed into an object of the subject's cognitive or volitional faculties. The paradoxes of man's interaction with the world are intended to be accommodated either by the law-giving spontaneity of the understanding and the Architectonic of Pure Reason or by the overpowerful primordial act of the self-positing ego. This implies the conceptualisation of the self in terms of constant identity-through-time, or sheer self-determination. However, this conceptualisation remains at the normative or prescriptive level, which in turn is projected upon the world. The latter, though appears as the subject's property, essentially remains alien and opaque, confirming the radical limitations of the ego rather than its order-giving authority. Moreover, this notion of experience is ultimately founded upon a radical expulsion of the divine from the world, the de-spiritualisation of the sensual and the de-sensualisation of the spiritual, the sharp juxtaposition between absolute and finitude. This results in a self-defeating subjectivity, whose firm identity and rule-giving authority does not rescue it from its perennial unattainability to 'organise the conditioned' or 'conquer the unconditioned'. In Kant's and Fichte's thought, however, I detect elements that potentially transgress their transcendental account of experience. These are found in Kant's concept of spontaneity and free play between understanding and imagination, and Fichte's concept of productivity. I argue that these elements lose their potential dynamism, so long as they are absorbed by the transcendental demands for the solution of the aporias of logic. However, these elements point to the need for a radical re-conceptualisation of the notion of experience. This is provided by means of Schelling's logogriflic approach, which constitutes the theme of the second section. The second section - the logogrif of experience - attempts to articulate a different approach towards the notion of experience, through an exploration of Schelling's versatile and provocative thought. This section focuses on Schelling's original insight into the notion and act of logogrif, which opens the dialogue between logos and mythos, cosmic becoming and human soul, cosmic imagination and human reflection, faith and knowledge. This section attempts to illuminate Schelling's fascinating philosophical investigations and discoveries that have been rather overlooked, possibly, due to Hegel's overwhelming critique. This section, after a brief critical examination of the Identity Philosophy, attempts to elucidate Schelling's notion of experience through his middle works, Of Human Freedom, Ages of the World, The Deities of Samothrace, which are treated as a self-developing trilogy. Schelling re-addresses the aporias of logic not as part of Reason's self-interrogation but as part of the cosmic paradoxes and living experiences. In this way, Schelling resets the scene of the debate on the conditions of possibility for cognitive experience by putting on the stage the enigmas of the cosmos and life rather than the Tribunal of Reason. Logic itself is conceived as a potency in the cosmic becoming, and consequently can no longer attempt to establish the transcendental conditions for the possibility of cognitive experience. Cosmic becoming, in which man is an active part, is conceived as the process of the movement, the interaction, the transformations and transmutations of multiple potencies. These, far beyond any mechanical conceptualisation, appear as self-moving and yet interdependent, unknown yet familiar, inscrutable and yet manifest powers, describing the mystery of life itself. The latter is depicted as an ever-recurrent act of longing for self-expression as active unity. Experience is conceived as the lived process of a network of living potencies, which may not only resist rational powers but may also puzzle and seize them. In this context, reflection acquires a plastic dimension, as opposed to its rigidity in the representational model of experience. Reflection depicts cosmic longing's self-formation, whose man is part. This self-bending formation partially illuminates the nature of longing, and from this standpoint is the logic of the longing. However, this formation is movable, transmutable and mostly ineffable, and from this standpoint is the logic of a riddle: a logogrif. Logogrif is the transitive term that attempts to describe the transition of experience from its enacted phase to its allusive conceptual utterance, and in this sense the term itself participates in both phases, as both form of thought and form of life. The logogrific approach to experience in turn transposes us as from the realm of pure concepts to the realm of the mystery of life, from pure thought to acts of longing, from the Architectonic of Pure Reason to Cosmic Theurgy. The latter term attempts to grasp the paradox and dynamism of cosmic and non-cosmic becoming by means of multiple, vanishing and ever-recurring, transmutable potencies, or in Schelling's terms 'the magic of insoluble life'. Schelling's logogrific account consists in a powerful voice for the re-enchantment of the world, the introduction into the notion of experience of the imminence of the divine. This is not suggested in terms of the adoption of old religious doctrines but by means of the discovery and re-discovery of the theurgy of life, through the intensification of our artistic mood, the creative expansion of our deeds. This notion of experience allows for the reconsideration of the notion of the self, in terms of a dynamic, conflictual process between conscious and unconscious powers and the critical revaluation of the accounts of subjectivity which reduce it to the sphere of self-consciousness. The thesis concludes with the need for an investigation into the relation between logos and mythos, which only tangentially has been introduced by the present project. In this context it will be possible to re-appraise the potential that the logogrific approach opens for an alternative to both logical and traditional mythological patterns of thinking. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:NARRATIVE AND EXPLANATION: EXPLAINING ANNA KARENINA IN THE LIGHT OF ITS EPIGRAPH Marina Ludwigs University ofCalifornia, Irvine In this paper, I will be examining the relation of explanation to narrative, looking briefly at the theoretical side ofthe problematic and in more detail at specific explanatory issues that arise in Tolstoy's novel Anna Karenina. Although the use itselfofthe term "explanation" is not as visible in the humanities as it is (...) in the sciences, the explanatory enterprise by other names is just as prominent. For indeed, an animating impetus behind textual interpretation is an explanation ofhowatextcan be brought into a correspondence with another text, while contemporary critical-theoretical activities of demystifying aesthetic and cultural assumptions, contextualizing historical knowledge, or laying bare ideological presuppositions are, in one way or another, engagements in the explanation ofthe workings of language. I approach humanistic explanation via a brief detour of scientific explanation, which constitutes an already established discourse with a set of defined issues and standard arguments, limiting myself to touching upon issues relevant to the narrativization of explanation. In scientific debates, explanation is defined as an answer to the question of "why?," in contradistinction to the question of "what?," which prompts a description of a phenomenon in question. Descriptive and explanatory conceptual frameworks, however, are interdependent. A physical description involves an "in-depth" understanding of underlying regularities. An explanatory answer to a question is, in its turn, an argument that logically deduces the explanandum (the description ofa phenomenon to be explained) from the explanans (well-understood regularities). This Marina Ludwigs125 formal definition of an explanation necessitates a symmetry between explanation and prediction, because the reconstructed logical sequence can also be read in the other direction, demonstrating the inevitability of what has occurred. Thus the sight of shattered glass and a baseball lying about allows me to explain the accident by invoking the law ofthe conservation ofmomentum and the low shock-resistance ofglass. But the knowledge of these regularities would have also allowed me to predict the same outcome had I seen the baseball flying in its direction ofthe window. The ontological status of "regularities" has elicited a lively debate in the scientific community pertaining to the problem ofthe "real." The standard view of regularities defines them as general laws (the kind we learn about in physics classes) that could be deductive or inductive, deterministic or statistical. A general law may be subsumed under another, even more general law, thus forming a unifying hierarchy of laws. A rival conception appeals to causal mechanisms and defines regularities as established chains oftemporal succession. Both models, the covering-law and the causal one, have been criticized: the former—for its failure to distinguish a law from an accidental generalization; the latter—for its resurrection ofthe metaphysical notion ofcausal influence and its inability to deal with probabilistic events. One of the later contenders is Nancy Cartwright's model, that proposes to conceive of regularities as so-called "nomological machines"—"fixed (enough) arrangements] ofcomponents, or factors, with stable (enough) capacities that in the right sort of stable (enough) environment will, with repeated operation, give rise to the kind of regular behavior that we represent in our scientific laws" (Cartwright 50). Cartwright claims that scientific models work on the ceteris paribus (everything else being equal) basis. That is to say they "hold only in circumscribed conditions or so long as no factors relevant to the effect besides those specified occur" (Cartwright 28), such as inside a battery, refrigerator, or a rocket—insofar as special shielding conditions are in effect (as a counterexample, imagine usingNewton's laws ofmechanics for describing the motion of a dropped crumpled dollar). Cartwright's explanatory framework is thus pragmatic and local, avoiding the twin pitfalls of the metaphysical assumptions underlying the two older models—the totalizing and unifying idea of a covering law, on the one hand, and the influence of causal "force," on the other. What is instead emphasized by her is a procedural aspect of scientific knowledge that has been historically prevalent and reflects the practical exigencies of human existence—the experience of dangers and natural obstacles to human 126Explaining 'Anna Karenina ' desires. When ill-defined impediments are analyzed and reduced to concrete difficulties, specific... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 348 A Critique of the New Natural Law Theory. By RussELL RITTINGER. Notre Dame, Indiana: University of Notre Dame Press, 1987. Pp. vi +232. $26.95. Dr. Hittinger's book causes us to remember how genuinely delicate and refined is the balance between reason and faith in St. Thomas' view of human knowledge and its relationship to reality. This enabled St. Thomas to develop with discernment his notion of (...) the natural law, because St. Thomas understood that an act of genuine intellection distinguished in order to unite, not separate. Therefore, there was an intrinsic unity to truth and a unity to philosophical experience which reflected reality-something which has gotten lost in the contemporary morass of interminable dialectics. Have the contemporary attempts to retrieve a notion of the natural law succeeded in maintaining this balance? If such attempts have not succeeded in maintaining the requisite balance, what are the consequences of the loss of this balance for the success of their endeavor? When in the history of philosophical experience this balance cannot be maintained, one is forced to move in one of two directions. The first is towards a kind of fideism in which the fundamental questions raised by reason are only resolvable by the faith; thus philosophy is absorbed into theology. The second is towards the claim that reason can answer all that is answerable (which may be very limited) and thus faith becomes subordinate to reason. The latter either leads to rationalism or a variety of positivism. For Rittinger what appears to be a contemporary attempt to retrieve natural law moral philosophy has proven itself unable to avoid a fideistic solution to moral philosophy; for faith in the end resolves all the fundamental issues raised in regard to moral philosophy. The beginning of the discussion of moral philosophy and man as the author of his actions was very carefully placed in the writings of St. Thomas. It is only after St. Thomas had established certain fundamental truths and principles in natural theology and the philosophy of human nature that he begins to discuss moral philosophy. St. Thomas first established the existence of a personal God, who is both the efficient and final cause of all finite being. God's being is also discovered to be identical to truth, goodness, and beauty. God is recognized as that which all men seek even though only the beatific vision will present this to the intellect and will with an all-consuming necessity. "Beings" are ordered in two ways, as parts of totality, and as things to an end. The ordering of things to an end is the most important, since the final cause is the cause of all the other causes. Therefore an identification of the final cause makes all the other causes and the 344 BOOK REVIEWS order in things intelligible. Also it is only after a great deal is known about human goods, and human nature, and the ordination of human goods that St. Thomas is ready to begin a discussion of the first principle that states the good is to be pursued or the good is to be done. St. Thomas has also established, through reason, that man by nature desires and should desire in justice to give God his due. There· fore religion properly understood is natural to man. The above pro· vided St. Thomas with the knowledge prerequisite for the development of a natural law moral philosophy. If one perceives that we are at a juncture in the history of philosophy where one no longer can develop or defend the kind of knowledge that is a prerequisite to the successful development of a natural law ethics, then this must he faced with all its consequences. Is a natural law ethics still viable? This is true even if one believes that any attempt to establish such knowledge would drag the ethician into an in· terminable debate in regard to the is-ought dilemma announced by Hume or the positivist rejection of metaphysics and the philosophy of nature. Is the direct or indirect avoidance of dealing with these issues acceptable? The inventors of the new natural law theory attempt to replace the knowledge required for the... (shrink)

Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no “value” judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, related (...) with “socio-economic structure/fact” in the family and society structure foreseen by Islam. As a matter of fact, “need principle” is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafsīr books, the concept of “degree” in the verse “... Men have a degree (right) over women” (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of “lil al-dhakari mithlu haẓẓ al-unthayain” in the verse –the inheritance of man is the share of two women– (Al-Nisā 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that “man is superior to woman”. In this article/study, an analyticallook atthe interpretations in some classical tafsīr books on the axis of “daraja/degree” and “lil al-dhakari mithlu haẓẓ al-unthayain” that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person’s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur’ān: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Shūrā 42/49.)In addition to human biological sex, there is also social gender. Indeed, the term “sex” refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process.Accordingly, while it is not possible to determine biological sex (in normal circumstances in advance), determining gender is shaped by the cultural will of individuals and societies. As a matter of fact, gender is shaped according to the religions, customs and cultures of the societies and it shows differences according to time, culture and family structure. In this context, in the pre-Islamic Arab society, the gender of the girl or the woman was shaped by the custom of the ritual and customs. Indeed, it is a known fact that during the period of Jahiliyyah, in terms of social gender, the girl/woman has been deprived of many social and economic rights, especially heritage. The Qur’ān has brought the girls who, in the period of Jahiliyyah, were oppressed in terms of gender, deprived of many social and economical rights, treated as second class human, embarrassed of themselves and buried alive, to the same position as man. In this context, as it is in every field in the direction of social structure and social conditions of that day, also in the field of inheritance law, a number of regulations were made in the Qur’ān and the Sunnah being the main sources of Islam. The divisions of the inheritance were connected with religious and legal rules and the shares of the inheritance of the sons and daughters were determined by naṣṣ (verses and hadiths).However, in Islamic inheritance law, as a requirement of the structure of family and society accepted by Islam, in principle, “two-to-one” measures have been adopted between male and female children. As a matter of fact, in this aspect, it is mentioned in the Qur’ān: Allah instructs you concerning your children: for the male, what is equal to the share of two females (Al-Nisā 4/11.)On one hand, the principle that Islamic law brings between boys and girls; Seems to be an inequality in terms of the arrangement in which "the inheritance share of the male child is twice the share of the female child", while on the other hand, within the border of in the family foreseen by Islam, this regulation has not been seen as an injustice and inequity by Muslim societies, because in Islamic family law, a man is obliged to ensure the livelihood of the family after marriage. He is also obliged to give his wife her mahr when marrying.In Islamic inheritance law, “necessity principle” is taken as the basis of responsibility that women and man have undertaken in family and society. Therefore, even though giving nothing at all to those who are not in need and giving less to those who are in less need, giving too much to those who are in much need might seem contrary to the principle of equality, it is a necessity of the principle of justice and fairness. As a matter of fact, while "law equality, necessity in sharing" principle, law is arranged according to people's qualifications, goods and wealth sharing is divided according to the needs of people. In this context, there has been a fair division in Islamic heritage law based on the necessity, (distributive) justice and fairness principle. Indeed, the French philosopher Roger Garaudy (1913-2012), who chose /converted to Islam, evaluates the following about the proportion of male child in the Qur'an to that of female child: “When we consider that in the Arab society all the obligations of the family and of the care of the parents and of all the things that we call ‘social security’ today are put on the shoulders of the husband, the hereditary male child's share must be twice as high as the female child’s is”.As Garaudy argues, the difference in the inheritance of women and men in Islamic inheritance law is not a legal discrimination/inequality, but a form of divisiveness stemming from a need based on the role and responsibility that women and men have undertaken in the family and society. Therefore, giving nothing to those who need nothing, giving little to those who need little, and giving a lot to those who need a lot,even though may seem contradictious to the principle of equality, it becomes a necessity of equity and (distributive) justice principle. In this case, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child, is social and economic reasons and it is possible to rank them as follows:1) According to Islamic law, women are not obliged to make their own economic livelihoods. The woman’s economic responsibility belongs to her father or brothers before marriage, and then to her husband after marriage. 2) When a woman is married she is not responsible for herself or other family members’ livelihood. The male is obliged to make a living for himself, his wife and his children.3) While married, the male is obliged to give the wife mahr. The woman has no such responsibility.As it is understood from the above explanations, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child is not about the ontologically “value” based on creation and sex given to the woman (girl child) in Islam. On the contrary, it is the real facts concerning the family and society structure that Islam predicts, the roles and financial obligations that man and woman have undertaken, namely “socio-economic structure/fact”.In some commentaries in classical commentary books, the rights and responsibilities of women and men are referred to, like: the word “degree” mentioned in: …but the men have a degree over them [in responsibility and authority (Al-Baqara 2/228), and the talk about the inheritance shares of boys and girls in: for the male, what is equal to the share of two females (Al-Nisā 4/11). Eventually, the concepts “lil al-dhakari mithlu haẓẓ al-unthayain” have been associated with the gender of the woman/girl child ontologically (based on social fact) by ignoring the referent purpose and socio-economic contexts of these verses. As a result of these interpretations, it was desired that the Islamic law principle of inheritance share of male child being twice the share of female child, ontologically, should be based on a justification that “man is superior to woman”.In this study, some of the era’s dominant culture classical interpretations grounding women's inheritances share on her gender and based on the axis of the concepts of "degree" and “lil al-dhakari mithlu haẓẓ al-unthayain” in the related verses of the Qur'ān will be elaborated. (shrink)

Anthropologists have tended to treat dreams as private fantasies arising from restless libidos struggling with reality. In this view, the dreamer is a victim of what she or he does not want, the intentions of the dreamer, and dreamed of, are often confused or illusory, and what happens in the dream is subj ect to a more primary, more objective, waking reality.The Barok people of New Ireland, Papua New Guinea, define dreams as both sleeping and waking experiences. Their (...) dreams are expressions of spiritually powerful persons who deal with a spiritual reality.In waking and real, but substantially dreamlike experiences such as one I describe in this paper, the desires and intents of all involved were perceived as wild possibilities. In the three sleeping dreams that I describe, the desires and intents of the dreamers were true, clearly expressed, and effective in creating or foretelling reality.Describing such subjective and willful experiences entails personal and professional risk. But toward understanding what happened, I undertake this in personally revealing terms, and I recommend Barok and other Native perspectives for the light they shed on dreams and reality.Social science has, for the most part, left dream analysis to the psychologists, and dreaming experiences to "the natives.” People educated in modern European traditions, and especially in academe, learn to not talk plainly or too much about their more subjective experiences or awarenesses, e.g, sex, emotions, and dreams. This applies not only to our lives as fieldworkers, but to our private lives in Western culture.Even recent publications1 still define dreams as a softer and more subjective, or even false, too private, in contrast to the harder and more objective, true reality of waking life (see Tedlock 1987). From this perspective, the accepted truth of there being an objective, socially defined, wakeful reality is not seriously called into question.Fieldwork experiences have shown me different distinctions between dreaming and not‐dreaming realities. I have learned to both expect and get more from dreams. I did not seek nor intentionally precipitate these experiences. They were a congruent part of my learning during four different periods of fieldwork.These experiences suggest a link between the ambiguity of intent in western style, non‐Native2 dreamers, and a lack of creative power. This contrasts with the clarity in the intent of Native style dreamers, and a real creative power.This link short‐circuits conventional academic distinctions between dreaming and waking experiences. For this reason, people like myself have not paid attention to these kinds of field experiences, much less written them up. We fear being disbelieved and discredited. Treating dreams on a comparable footing with objective reality is tantamount to "going native.”3 As Katherine Ewing has stated it, the problem is how to believe the Native meaning of dreams in defiance of the taboo against anthropologists' accepting the "temptation to believe" that "the subjects of one's research actually know something about the human condition and an encompassing 'reality'"(Ewing 1994:572).The field experiences I describe here have made me a believer of both the Native version of what happened, and the truth of there being an encompassing (Native) reality.4 They also convinced me of the necessity of trying to deal openly with what I know of the internal, private, libidinous, and willful stuff that is a part of these dreaming experiences. I reveal my own intent, desires, and needs, in both personal and professional terms, in order to lay some of the cards on the table, in order to look at them from both Native and non‐Native perspectives on what happened.I have learned that the difference between dreams and reality is not what it has been made out to be. On the one hand, the conventional definition of reality too strongly limits my ability to talk about my subjective experiences of it. On the other hand, the conventional definition of dreams does not make enough sense of my real experiences.By describing the real, non‐dreaming experience in which my subjective feelings are centered, the problematic issues of my own wakeful intent as a person and as an anthropologist are centered. This allows comparison of what is supposedly the nature of waking reality with what I experienced in the three sleeping dreams (hereafter "sleepdreams") which follow.The first three sleepdreams were experienced when I was living among Barok people at New Ireland, PNG, between 1979 and 1985. The fourth occured at Taumako, Solomon Islands, in 1993. (shrink)

The aim of this article is to reveal with an overall approach, how the psycho-social background, starting from woman image in first periods and reach modern day, is embraced by outstanding theorists of modern psychology, and also how these collected works are reflected in their definitions of woman. If it is considered that woman has been discussed with reflections against and not from primary sources throughout history, it can be seen that the most essential roots of woman narrations can be (...) found in oral culture and the parts of written texts are made over symbol, metaphor, proposition and story. However myths (stories) that take place in oral and partly written culture about primitive man, are sacred tales, they will also present data regarding human image. Therefore with a limited effort of human being to understand the infinite, it can be understood what human being think, feel and how they interpret rather than gods/goddesses ontology. From this point of view, this article that consists of two parts, first of all will mention especially about perception of Goddess in those reflected to image of God, maintaining its efficiency in conscious or unconscious as a system of symbols intrinsic to human nature and cultural code background and then the woman image will be roughly discussed with a descriptive style over the world of mythology, psychology and faith. In the second part, it will be examined in detail how all the written and oral information about understanding woman by modern anthropologists are interpreted with the perspective of modern psychology specific to theorists such as Freud, Jung and Fromm. Eventually, it will be emphasized that past and future are integrated with information, experience and feelings with an active relationship; perception and approach of woman have stayed up to date in time continually; mythology, psychology and religion are important factors within this matter.Summary: Human being has also used historical, temporal and spatial attributions for God. Infinite human being has expressed their thoughts about the finite God by analogy. Despite the dominance of male gender in the images of God in these analogies which are the products of human experience, female Gods that is to say Goddesses are not few. The matter of how the image of goddess come to the fore in a distinctly male-dominant society is a noteworthy matter. The narration of Earth Mother over female symbol in myths in which the harmony is constantly secured within the inner and exterior world and mention about living in harmony with the universe is an important data in order to understand female characteristics attributed to God. Human being has also used historical, temporal and spatial attributions for God. Infinite human being has expressed their thoughts about the finite God by analogy.The woman subject is influenced by transferred life experience within the historical process, and it is an undeniable fact that ancient “woman perception” has reflections to the present day. Within the history of humanity, striking definitions about woman can be seen in sacred statements in symbol language. Therefore, it is proper to examine primarily the image of sacred and then examine female meaning that is charged on that image. The aim of this study can be summed up with two themes: a) try to understand the general framework of reflections of the present image of woman, style of narration and comprehension in psychological, sociological, and religious terms by getting help from myths which mention about ancient image of God, although there is centuries old difference between those stories and us, b) reveal the image of woman in Freud, Jung, and Fromm’s approach which establishes a bond between mythology that is a system of symbols special to human nature and human psychology and discuss this subject by using psychology of religion.When reviewed ancient Far East and Middle East myths and also Ancient Greek mythology, it can be seen that gods are not cloistered supernatural beings who do not have abstract personalities and also do not lead a wholly metaphysic life. The crucial issue here is; the reality that Gods and Goddesses are shown as a model to both man and woman. Psychologists who examine religion in terms of psychology state that first outcomes about the image of God come up not with behavior but with emotion. The attributions of gender, related to the emotion in question are cited during the transfer of those emotions as well. Therefore; philosophers, culture and religion historians, theologians, anthropologists, archaeologists, psychologists, and sociologists have contributed to this transfer when they discuss the cult of God or Goddess throughout the history. It is interesting that the usage of the term of God maintains while the usage of the term of Goddess decreases. Civilization historians claim that the appearance of divine religions particularly quickens the course of transition from goddess to god. According to them, during this period in which there is a transfer from polytheist image of God to monotheist image of God, the quantitative change in the perception of God comes with a qualitative change. According to Fromm, during this power gathering period, there has been a transfer from mother and feminine (woman) centered religion to father and masculine (man) centered religious experience/ God image. According to him, in the second stage of humanity development, “the children of Earth Mother turn into the children of divine father”, there is a transition from unconditional love of mother to authoritarian sympathy of father, from an image of supplemental and surrounding Goddess to authoritarian image of God who makes requests by his nature, lays down principles and laws, and supports the power and search for a successor to deliver the power.The perception of women who led to Prophet Adam deviated from the truth and expelled from heaven is spread around especially the regions of one-God religions. This has strengthened the idea that divine religions have a negative view towards women. Including Islam, the reason of all divine religions’ encountering with claims that they have a negative approach against woman stem from applying to that religions’ human resources rather than essential religious sources which are existing or lost earliest forms.Oedipus complex is an important thesis of Freud which explains the development of religion and morals; establish the base of his psychology, and in fact, important in terms of his making connection with difference of kinds and flow or non-flow of request and needs while explaining human behaviors. According to Freud who points to sexuality and aggression which are the most powerful two instinct in the biology of male or female; the first three or five years of a newly born human- this is the period in which the basic part of personality is formed- the definition of self is extremely influenced by his/her gender (in both biological and sociocultural terms). Freud who put forward father-son conflict in the struggle to survive between Zeus and his sons in Moses and Monotheism (1998c) and Totem and Taboo (1998a), makes an explanation about the origin of religion and humanity over two male characters. Jung pays attention to goddess image as much as the image of god and do not approach this situation only as a polytheism or sociocultural explanation or childish appearances of a primitive mind. He accepts goddesses as a reflection of archetypes in human. Male has a feminine side, female has a masculine side, and a unity occurs when both complete each other. According to Fromm, a taxonomy referring to woman and man is primarily a sociology-based approach rather than a biology-based one. Fromm (1995) thinks that the whole depiction shows individuals’ own desire and needs, that is to say, their psychology rather than a theology. Transition from mother (woman) centered religion to father (man) centered religious experience and God image is essentially one of the most important breaking/inversion points of human being, not humanity. As a result, it can be said that it is an important point to clearly understand the story of mankind to examine that intense freshness at hand and centeredness of quantitative and qualitative changes of divine or God image of ancient societies come down after psychological, sociological, religious, economic, political, and cultural changes. (shrink)

The problem of human freedom have been addressed by al-Mutakallimūn (Islamic theologians) in the context of human acts and discussed from the point of view its relation with the will and other elements. At this point, whether the human has will and power in his own act, the limits of his will and power, the role of human in the act and his responsibilities have prompted to different debates. The theory of tawlīd put forward by Mu‘tazila is very (...) crucial in terms of determining the scope and limits of the freedom of human in acts. Mu‘tazila’s tawlīd theory defenses based on two important reasons. The first is to present the nature and limits of the acts that man did them outside himself. The other is to explain the relationship of human with such acts with regards to moral responsibility. Because both issues are very important in the principle of justice of Mu‘tazila. The effort to put the cause-effect relationship of human with his acts in terms of tawhīd and justice on the rational and moral ground is the reason for emergence of the theory. In this respect, the purpose of this theory which enables establishing a causality relationship between the human act and nature is aimed at the justification of freedom and responsibility between agent (fā‘il) and act.In this study, firstly, the definition of the concept of tawlīd and its meaning area have been presented and tackled the discussions about the agent of indirect acts. And then it has been discoursed upon the criticisms of Ahl al-Sunna about the subject of tawlīd. The subject has been outlined in the context of the intellectual discussion between Ahl al-Sunna and Mu‘tazila which constitute the dominant part of theological dispute tradition. In this respect, the main purpose of the study is to reveal how the limits of indirect actions belonging to human by force of freedom and moral responsibility are drawn and understood.Although they did not have a uniform thought about the topic, Mu‘tazila theologians who accepted semi-determinism in the theory of tawlīd acknowledged the existence of natures in the substances. Those who admitted the reason as a means of the act did not approve this. By accepting the continuity of the accidents in the acts, they twisted together the voluntary acts and the natural acts, and accepted that directly acts were realized through the human will and the other according to the principle of necessity. According to Mu‘tazila, causes are only means. Hence, the act emerging as a result of the means is the act of the agent who used this means to reach the result, not the means. Therefore, man is the agent of engendered acts and responsible for all kinds of acts that arise as a reflection of the will and their consequences. While Ahl al-Sunna has directly associated the action of man and all its consequences with the power of Allah, Mu‘tazila has based these actions on the power of man, which Allah has created in man and has been the source of the acts. Contrary to Mu‘tazila, the continuance of power which are not a constant accident is not possible for a second act from the point of Ahl al-Sunna since they have accepted the idea that the accidents will not be continuous. In this respect, according to Ahl al-Sunna, there is no compulsory relationship between the agent that caused the formation of the acts and the result supervening from them. They did not accept the idea of tawlīd, which its meaning is that accident gives birth to accident, because it would oblige the relationship between cause and effect. Because this relationship, which Mu‘tazila gives the name of tawlīd in human acts, is made up for that Allah has created His laws right after the orientation of human to the cause. In this respect, Ahl al-Sunna thinkers rejected tawlīd because it would mean attributing an act to an inanimate being and require a mandatory relationship between cause and effect in the functioning of the universe. Although the result does not occur with his own act when the person applies to the cause, he is responsible for his act because it is related to the person who did it. Māturīdī tradition did not accept the acts that emerged as a result of tawlīd as the production of man, but they tried to establish a balance by holding the person responsible because he is the reason for the outcome that emerged. As for the Ash‘arites, they avoided giving a real effect of the will and power to the causes by considering that created will and power is only a locus in the emergence of the act. The person has no effect on his act except for directing his will to that act and his behavior which will make the person responsible is based on this will. (shrink)

In this book I have tried to develop an analysis of the concept of an empirical law, an analysis that differs in many ways from the alternative analyse's found in contemporary literature dealing with the subject. 1 am referring especially to two well-known views, viz. the regularity and necessity views, which have given rise to many interesting papers and books within the philosophy of science. In developing my own views, it very soon became clear to me that (...) the mere restatement of these alternative views, followed by a discussion of their defects and an explanation of my own view, would not suffice to show what 1 regard as basically unsound in these views. If we seriously consider the well-known difficulties facing the regularity view, we have to consider the possibility that the time has arrived to stop our attempts to solve, by means of patch-work additions, the fundamental problem of empirical laws within the traditional context of logical positivist doctrines. I have tried to find a solution which is based on a different philosophical context, the main incentive being that the discouraging results of the customary attempts to solve the problem might have been the outcome of the fundamental philosophical setting within which the problem had been formulated and within which everyone looked for a solution. The problem of empirical laws is not a problem existing by its own rights - it is shaped by an underlying point of view or theoretical framework. For this reason I have started with a brief sketch of the logical positivist context. However, I want to stress the fact that my intention was not to offer an historical exposition, but an exposition which becomes meaningful when related to the subsequent arguments concerning empirical laws. The notion of direct or theory-free observation has been taken as the fundamental characteristic of the logical positivist point of view. This view has been further characterised by means of five theses, among which is the thesis that observational terms are isolated or theory-independent units of extensional meaning. These terms are then supposed to be the starting-points of meaning and the end-points of confirmation, and these very characteristics mark the privileged position such terms have in a logical positivist philosophy. The post-positivist view, on the other hand, is characterised by the opposing notion of theory-loaded observation. This notion leads to other conclusions which radically oppose some of the theses of logical positivism. The notion of theory- loaded observation itself, although often clearly stated, has not yet been systematically elucidated, and I have made an attempt to do this in ch. I after my sketch of the logical positivist context. This seemed to me to be necessary in order to make my post-positivist point of view as clear as possible, before tackling the problem of empirical law itself. I have paid special attention to the lawlikeness of concepts and their confirmation and falsification. These epistemological issues are followed by a separate examination of Goodman's riddle in ch. II, because it lies somewhere between the lawlikeness of concepts and the lawlikeness of laws. If Goodman's riddle is taken as a serious problem, as I think it should, it is primarily a problem of concept or theory formation and not a problem of induction. In ch. III the regularity view has been examined and the well-known difficulties related to such a view are considered, assuming the knowledge gained in ch. I. This has led to some interesting results, especially in connection with the analysis of counterfactuals and the confirmation of 'normal' singular conditionals, to which I return in the last chapter. Three different views of the necessity view are briefly stated and investigated in ch. IV. RESCHER'S view is, I think, close to mine, which has been developed in ch. V. However, there are fundamental epistemological differences between our views. In the last chapter I have given my own analysis of the concept of an empirical law, which should not be taken as a synthesis of a regularity and a necessity view, but as opposed to both. It is, as far as particulars may count, the result of an analysis of the concepts 'regularity' and 'necessity'. I have tried to argue that the greatest shortcoming of the regularity view lies in the fact that the proponents of such a view have not been really concerned with the concept of 'regularity' itself. They usually take this concept to be intuitively clear enough to serve as basis for their analysis. Their attacks upon the necessity view are based on the reproach that 'necessity' is a very obscure concept, and that it should, therefore, be avoided in the philosophy of science. We could, however, reproach them in a similar way, since the concept of 'regularity' is anything but clear. One may say that an empirical law formulates a 'regularity in nature', but we can only do justice to the function a law has in science, if we are ready to view this regularity as a necessary connection, which does not exist in an observer-independent reality, but in a theoretically co-constituted empirical world. This investigation does not pretend to answer all questions concerning empirical laws. It should, therefore, not be regarded as complete, but neither should the arguments and suggestions be regarded as completely free from ambiguity. Much remains to be done in order to offer a generally acceptable theory and better understanding. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Antigone-Effect and the Oedipal CurseToward a Promiscuous NatalityBonnie HonigMen, though they must die, are not born in order to die but in order to begin.—Hannah Arendt, The Human ConditionIn Judith Butler’s book Antigone’s Claim, “promiscuous obedience” is the proposed response to a world constituted by “unwritten laws, aberrant transmissions” (Butler 2000). The worldly condition of “unwritten laws, aberrant transmissions” names an aspect of Antigone’s situation unmentioned by Sina (...) Kramer in her essay on Butler’s New Humanism: the curse. Antigone mourns and desires under the sign of a curse that consigns her forever to a desire that will be unrequited, and a mourning that will never achieve what we now call closure.What is the curse identified by Butler? In Oedipus at Colonus, Oedipus says to his daughters (speaking about himself), “From none did you have love more than from this man, without whom you will now spend the remainder of your life” (Trans. H. Lloyd-Jones 1994, 1617–19, qtd. in Butler 2000, 60). It certainly sounds like a curse! But what sort of a curse? 1Focusing on Antigone, Butler says Oedipus’s “words... demand that for all time she have no man except for the man who is dead... this is a demand, [End Page 41] a curse, made by Oedipus, who positions himself as her only one” (60). But what Butler calls the curse is actually, or at least also, Oedipus’s statement of gratitude and debt. If Oedipus places himself in a relationship of exclusivity with his daughters, he does so because of the singularity of his debt to them at the time of his death. Here is the longer passage (from a different translation): “My children, on this day your father no longer exists. Now I have perished utterly, and no longer will you bear the burden of tending me, which was no light one, I well know, my children. Yet just one word turns all those toils to nothing, you have been treated as friends by no one more than by this man; and now you will have me with you no longer, through all your days to come” (Trans. R. C. Jebb 1889, 1612–19).2Although Oedipus seems to gift his daughters with freedom when he claims that “no longer will [they] bear the burden of tending” to their father, he also tethers his daughters to himself forever when he says his gratitude to his daughters is so immense that no one will ever love them like he does: they have been, and likely will always be, loved best and most (“treated as friends”) “by no one more than by this man,” their dead father, for all their “days to come” (in the R. C. Jebb translation) or for “the remainder of your life” (in the H. Lloyd-Jones translation). Whether as a statement of love or friendship (the translations vary), the speech both thanks and curses, pressing on us awareness of the intimate closeness of those two speech acts in a way that recalls Derrida’s analysis of the undecidability of the gift (Derrida 1995, 97).For Butler, the speech is a cursed command that Antigone should never love another as much as she loves her father. “His words... demand that for all time she have no man except for the man who is dead, and though this is a demand, a curse, made by Oedipus, who positions himself as her only one, it is clear that she both honors and disobeys this curse as she displaces her life for her father onto her brother” (60). But Oedipus says something a bit different: no one will ever love Antigone as much as he now does. On the one reading he dooms her to be forever unloving; on the other, unlovable or, simply, unloved.Antigone will love, however, and so, since Butler assumes the curse is that Antigone should not love, Butler sees Antigone’s love for her dead brother as a way to both carry and transgress the curse under which she operates. Loving a dead man is Antigone’s promiscuously obedient way to obey and subvert... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 29.2 (2005) 379-393 [Access article in PDF] Love, Self-Deception, and the Moral "Must" Randy Ramal Claremont Graduate University I One significant impact that conceptual relativism has had on current discussions in moral philosophy is the denial of intelligibility to discourses that affirm moral absolutism. The denial is typically based on two allied arguments. The first argument entails that the justification of absolute moral laws and values (...) presupposes the existence of an Archimedean standpoint, but since such viewpoint is unintelligible, a "view from nowhere" as it has been called, then affirming moral absolutism could only be the result of a confused temptation for metaphysical universality and objectivity. The second argument states that since all moral values and concepts are the products of particular cultural-linguistic contexts, it would not make sense to speak of absolute values that have application in other cultural-linguistic contexts.I sympathize with the critical spirit in which this dual argument is made. The unintelligibility of a neutral standpoint and the obvious contextuality of all moral discourses render meaningless any attempt to affirm metaphysically-based moral absolutes. But what this argument fails to acknowledge is that the ordinary language of moral absoluteness is not only infinitely distant from the metaphysical claims to Olympian grounds but also internally related to the absolute moral judgments and principles it invokes. Furthermore, it is doubtful that one could speak at all of moral discourse as needing metaphysical justification. It would not make sense to speak of moral discourse as either needing or not needing metaphysical backing because both notions ignore the ordinary contexts of moral discourse, where the issue of philosophical justification does not arise. The point here is not simply to reject the [End Page 379] metaphysical need for justifying moral discourse but to question the intelligibility of the attempt itself.1In what follows I argue that the ordinary claims to moral absoluteness, be it to give moral advice, to justify personal beliefs and actions, or to judge and criticize the conduct of other people, are perfectly intelligible practices that embody ordinary moral judgments and values. I elucidate the intelligibility of these moral claims by discussing Leo Tolstoy's "The Death of Ivan Ilych," Proust's Remembrance of Things Past, and Ann Beattie's "Learning to Fall." These works, I argue, portray an ethical notion of "need" that expresses natural, and intelligible, affirmations of moral necessity. The context of this affirmation concerns the ethical call to end all self-deception about one's love life.Traditionally, the relationship between love and self-deception has been interpreted to suggest that people often deceive themselves about love in order to fulfill a deep need in them to give meaning to their lives. This interpretation is often invoked to explain, on the one hand, why people who are in love might claim otherwise and, on the other hand, why those who are not in love at all convince themselves of the opposite. Although this interpretation is not philosophical in nature and does not necessarily entail the denial of all discourses of moral necessity, the idea that self-deception fulfils a deep need in people is often invoked as a philosophical explanation of the notion of "need." One example of such philosophical explanation is Martha Nussbaum's Love's Knowledge, where she endorses the traditional interpretation of the relation between love and self-deception through a discussion, among other works, of the above mentioned works by Proust and Beattie.There is no doubt that self-deception, whether in regards to one's love life or other aspects of it, could sometimes arise as a result of a need in people to give their existence some meaningful stability. But this interpretation cannot apply to all cases of love and self deception because the radical plurality of our notions of love prevents such explanatory reductionism. The insistence on this type of reductionism, it seems to me, rests on a common tendency among moral philosophers, Nussbaum included, to read into literature personal ethical views that are not intended by it. The task of the moral philosopher... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Scientism, Certitude, and the Recovery of PoliticsChristopher Justin Brophy O.P.In Natural Law and Human Rights, Pierre Manent begins his analysis of the contemporary political situation by discussing the intractable tension between the relativism surrounding moral action and the absolutism surrounding "human rights." Later, drawing heavily from Aristotle's Politics, Manent discusses the necessity of a command-obey structure to resolve the tension such that human beings can fruitfully engage in (...) political life. These two claims, one about the tension between relativism and absolutism and the other about the command-obey structure, are closely linked. If it is true that human beings have an innate need for authority, then it is also the case that the extreme abuses of that need, as they manifest themselves in the political realm, will be either wholesale embrace of such authority (absolutism) or wholesale rejection (relativism). We should be clear that the authority Manent discusses is not arbitrary or autocratic exercise of power, but a legitimate authority towards which citizens can offer rational assent. But any human need or desire can be abused and knowledge of the abuses is necessary to understand the proper object.It is the contention of this piece that Manent, in his explication of command-obey, wrote better than he knew. Manent authored his text before the COVID-19 pandemic. Yet, his analysis provides some of the best explanatory power for understanding the politics surrounding COVID. This politics has significance that transcends the particular crisis of the pandemic and merits serious attention. Specifically, Manent's analysis of the human need for a command-obey structure both offers an explanation for the concurrent tension between relativism and absolutism, at least as it pertains to the relationship between science and politics, and gives explanatory [End Page 239] power for the rise of scientism in contemporary society. The widespread conception that the natural sciences have the potential to answer questions that reside out of their proper purviews leads to abuses of authority in both directions, by both sides—the political left and political right. I will flesh out my argument first by showing the usefulness of Manent's analysis for explaining how easily so many in the United States fall prey to a false conception of "science" that undermines a healthy politics and reveals, at root, a dangerous aversion to ambiguity. I will then explain the implications of the elevation of scientism for the relationship between politics and Christianity. I will conclude with some reflections on the common good and the future of politics in the United States given Manent's important observations. I anticipate that a common criticism of Manent's book will be that it lacks clear prescriptions for the political problems that ail us. I will argue that clear prescriptions cannot follow from the logic of Manent's argument, and ultimately that the lack of prescription is one of the strengths of the book.Before I begin, I wish to make two qualifications. First, Manent's argument ultimately is about the (un)tenability of liberalism without some common conception of the good. He treats several moral and political problems in his book that fall outside of the scope of this short paper. I am not attempting in the analysis that follows to reduce the moral scope of Manent's claims or even to take up the mantle of his argument. I simply wish to show how his analysis is helpful in explaining a contemporary political problem and how the implications of this analysis should affect the way Christians think about political practice in the United States. Second, I want to make clear at the outset that I positively wish to avoid a discussion about the various policies enacted as responses to COVID-19. I also want to avoid any cavalier political discussion of COVID that does not sufficiently respect the over one million persons (given the latest CDC tally) who have lost their lives in this country and the hardships that many more have endured due to the pandemic. It is essential for our purposes here though to treat the political significance of the pandemic. I will attempt to do that now.The Appeal of ScientismNumerous thinkers... (shrink)

“Artworks are not being but a process of becoming” —Theodor W. Adorno, Aesthetic Theory In the everyday use of the concept, saying that something is grotesque rarely implies anything other than saying that something is a bit outside of the normal structure of language or meaning – that something is a peculiarity. But in its historical use the concept has often had more far reaching connotations. In different phases of history the grotesque has manifested its forms as a means of (...) subversive resistance against society’s prevailing notions of form and power. What aids this impact and distinguishes two of its basic stylistic features is the grotesque’s dissolution of form and its hyperbole. Such grotesqueries, however, soon solidify into new forms, new structures of meaning, hierarchy and practice, and in this sense the history of the grotesque is, on one hand, a continual opposition and transgression of the prevailing notions of art as well as of God and humanity, while on the other hand it offers continual resistance to its own solidifying process. As such the grotesque will not and cannot be contained in form without it losing the very thing that makes it grotesque. Even though it is somewhat easy to point out certain stylistic features of the grotesque, the sum of those features tell us very little about what is at play within it. Definitions concerned with the grotesque’s content rather than its form faces similar difficulties. Throughout history, expressions relating to the grotesque have been used in defense of a whole host of different social and cultural discourse including, for instance, Catholicism (See Erhard Schön’s Der Teufel mit der Sackpfeife , 1536), Protestantism (See Lucas Cranach’s Der Papstesel , 1523), a material folk culture (see Mikhail Bakhtin’s Rabelais and his World , 1984) and an idealistic romantic structure of meaning (see Wolfgang Kayser’s The Grotesque in Art and Literature , 1957). Thus though the grotesque cannot be reduced to the expression of certain forms or meanings, in order to examine what the grotesque is about one has to try to see how it’s relationship to flow and process and how, by maintaining this relationship, it attempts to avoid solidifying into form and meaning. The process of the grotesque alluded to here revolves around a play between periphery and center, the marginalized and the dominant. Most often this is expressed as a direct negation of the center of power. In the medieval grotesque tradition of the carnival, for example, it is expressed by its emphasis on the nether regions of the body as the center of creation of meaning. Spirit does not come from above, but from the belly, buttocks and genitals, and there is, expressed in this manner, a mockery of the predominant Christian notion of truth and meaning. Such inversions of the sites of meaning most often explicitly express an increased interest in materiality instead of ideal content which comes to the fore through the play between periphery and center. Even in early grotesque Renaissance art (for example in the works of Raphael) the depiction of the mythological or ideal reveals an exploration of the possibilities of the material. The works of art thus explore their own boundaries rather than act as vessels of the divine and in this way the grotesque explores the limits of form and materiality. This in turn brings to the fore a metaphysical dimension in the workings of the grotesque: It is an immanent exploration of its own boundaries. Materiality and metaphysics are joined together, because it is through the awareness of itself as a structuring (dis)order that it places itself in opposition to the prevailing notions of form and power. This way the grotesque expresses an awareness of the division of sign and reality and a search for this reality. It implicitly expresses the awareness that meaning is not something God-given and static, but fluctuating and man-made. In modern explorations of the history of the grotesque it is commonly seen as a form of realism that manifests a shift from the ideal towards the material, freeing art from representing some hidden higher order and instead making the work of art the very site of creation and meaning. Going even further, the grotesque actively opposes the notions of the ideal by marking a shift from an ahistorical view of the world towards the historical. However, this also makes clear why the grotesque has a tendency to solidify into new static forms of meaning, for by establishing itself as a subversive counterforce there is an idea of transgression and emancipation. That is why the grotesque often historicizes and relativizes only to repeat the mistakes of that which it negates: putting itself in the king’s chair. The exploration of the material seems to create new forms and notions of the ideal. The representation of an otherness outside the prevailing notions of meaning and truth becomes a positive manifestation of this otherness as truth itself. Thus the historical “truths” of the grotesque are superseded by history itself. When the expressions of the grotesque solidify into static form and meaning, they become mere objects like anything else in the world. Instead of being this elusive thing of process and flow, it becomes tangible to the existing hierarchy of power as well as history itself. In this way the grotesque can be expunged, included or simply revealed as yet another false notion of truth, which is precisely what has happened with the grotesque throughout the course of history. If from the beginning the expression of the grotesque has not already been in the service of some structure of meaning and truth, it has quickly been included or has quickly included itself in such a structure. But by doing so it rejects its own basis: the tension between periphery and center is replaced by the attempt to create a new center, a new structure of meaning and truth. The doubleness, ambiguity and flow of the grotesque are then rejected by the grotesque itself. THE NON-FORM OF FORM In the critical thinking of Theodor W. Adorno (1903-69) the problem of art, caught between a reductive and prevalent notion of truth and meaning and a peripheral and alienated otherness, is reexamined and reformulated. For Adorno, the instrumental rationality of Enlightenment itself reverts into a new form of mythology which is every bit as static and exclusive as the hierarchies of religion it supersedes. All is excluded that is non-identical to the instrumental mastery of the objects of the world, "For the Enlightenment, anything which cannot be resolved into numbers, and ultimately into one, is illusion; modern positivism consigns it to poetry." 1 As such the non-identical has been banished from the realm of thought and action, and banished specifically to the realm of art. But the realm of art is not able to provide a decent home for it because even modern art is not something entirely autonomous. While it is excluded from the notions of truth and meaning provided by instrumental rationality, it still originates from society. Just like instrumental rationality art is about mastery, structuring and exclusion. Therefore, the problem for art is that it cannot directly provide a space for the non-identical because its mode of operation is similar to that of instrumental rationality. Even worse, art has very few possibilities to free itself from this. If it becomes l’art pour l’art it is at the same time reduced to the very thing instrumental rationality claims it to be: a subjective judgment of taste.expressionism also stands as an example of this. Conversely, art cannot work within the framework of the identity-thinking of society, because any notion of freedom or emancipation would reproduce the exclusive practices of instrumental rationality. For example: Explicit socialist literature may establish itself in opposition to instrumental rationality while at the same time reproducing it. Its language may seem different, but in reality it merely provides a different set of reductive schematics for human life and experience. The problem for the art of the grotesque was, as I mentioned earlier, that far too often it was merely a symbolic manifestation of a notion of otherness—not otherness itself. Because of this the subversive character of the grotesque ends up shaping and containing otherness instead of providing a space for it. According to Adorno the only way to avoid this is to radicalize the grotesque. In order to avoid solidifying into form the work of art has to be an object which cannot be contained in thought or form—a non-form of form. The work of art has to work in a way that it strives for autonomy but without entirely leaving a discernible reality. In other words, it has to pull in two directions at once. Thus the work of art is a paradox. It is autonomous in the sense that it closes itself off from everything outside of the work of art, trying to shy away from the contaminating influence of the identity thinking of instrumental rationality. At the same time though the work of art is heteronomous in the sense that it originates from a specific historical context and is bound to be what society is not. Autonomy and heteronomy are inseparably intertwined. Unable to display otherness itself, but still trying to be a refuge for it, there is only one option for art: It has to turn against itself and destroy its own logic of form, thereby demonstrating how any representation of otherness is impossible. Art becomes a lamentation of the victims of the identity thinking of instrumental rationality and shows the traces of the otherness that is unable to appear. Adorno’s pessimistic theory of art and history stages art as a negative dialectical process where the work of art closes itself off and rejects everything outside, while the individual elements in the work of art destroys its very own logic of form from within: Artworks synthetize ununifiable, nonidentical elements that grind away at each other; they truly seek the identity of the identical and nonidentical processually because even their unity is only an element and not the magical formula of the whole […]. The resistance to them of otherness, on which they are nevertheless dependent compels them to articulate their own formal language, to leave not the smallest unformed particle as remnant. This reciprocity constitutes art’s dynamic; it is an irresolvable antithesis that is never brought to rest in the state of being. 2 Relative to a traditional understanding of the grotesque, Adorno radicalizes the tension between center and periphery, autonomy and heteronomy. In the traditional understanding of the grotesque, as we find it for example in the writings of Mikhail Bakhtin, the grotesque establishes the display of otherness as a new center of meaning and truth. However Adorno rejects such notions and argues instead for a modernism of the grotesque in which both center and periphery are included in a negative dialectical process and continually synthesizing and destabilizing each other’s positions. A modernism of the grotesque works on the inside of the sign or the artwork, continually outlining and questioning the boundaries between materiality and form. This moves the focus away from the relation between the sign or work of art as a conceptual manifestation on one side and the object it refers to on the other side. Instead it implicitly points to the amorphous mass from which the signs and thereby meaning have been carved, the remnants that have been left behind. Modernism of the grotesque does not imply that it is emancipatory or that it reconciles man with nature, and does not represent a new position or a new ideology. It merely remembers and insists on the double nature of man and art: to write or paint yourself or an artwork whole by inscribing meaning in life or by applying form on a canvas is at the same time both creation and destruction. The very signs we use to center meaning in our lives carry its own alienation in them. Meaning surfaces only when process and flow comes to a halt—solidifying, but at the same time excluding parts that do not fit into that particular structure of meaning. NOTHING DONE AND NOTHING UNDONE It has always been difficult for art historians to find a suitable category for the works of the Danish artist Leif Lage (b. 1933). In his paintings the sensitive figuration seems so fragile that it is on the verge of turning into abstraction. Or conversely: the figurative emerges cautiously and hesitantly out of abstraction. As an art critic once wrote, he can almost paint things away. 3 Working in some undefinable space between abstraction and figuration, the Lage’s works shy away from the realm of words, and as a result few critics have been able to write anything meaningful about his works. In fact even fewer have been able to write more than one or two pages. The Danish author and art critic Leif Hjernøe is one of those few, but even he starts off by saying how impossible it is to write about Lage, confessing that his works exist both as process and in a field of in-between which words cannot reach. He writes: Always you find yourself in a place where nothing is done and nothing left undone, and where the elements of the work of art rest in a continuous motion. Always there is the open wound, where infection rather than surgical intervention is considered as an opportunity. And the conflict between matter and antimatter makes all diagnoses uncertain and allows conditions of uncertainty to spread in a place of raw presence. 4 The art works against the diagnosis and the certainty. Words are being eaten up by what is outside the realm of words: tension, process and doubleness. An approach to an understanding of the work of Lage could be to follow his connection to Samuel Beckett (1906-89). One can note, therefore, that Lage has illustrated several of the Danish translations of Beckett’s works. Though one is an author and the other a painter both seek a place where figuration, where the word, erodes. For both this entails an attempt to question and examine and so move in behind the façade of the surface in an exploration of that something or nothing that may be behind representation. At the same time even in the vanishing point of figuration or words, the meaningless words or the disjointed lines still stand as signs of human activity—signs of movement in emptiness. With very few exceptions Lage’s artworks revolve around one motif: Man—most often “en face.” But unlike traditional portraitures Lage’s people are found within. The artworks do not sense the reality of appearances, but rather the existential dimensions within man. As a seismograph they are sensitive to the utmost subjectivity in order to display an objective, sensuous depiction of the very problem of subjectivity. Instead of a static façade of a man, Lage’s “en face” shows the process-character of man. The people in Lage’s paintings are always in process—in the midst of becoming or dissolving. I will take a closer look in the following at the ways in which Lage establishes this sense of being in constant process, of being in-between modes or categories. THE DOUBLENESS OF THE STROKE Lage’s etchings attract attention in particular for the tension conveyed there between the material and the form. The material physically opposes the violence of the needle. But instead of embracing the violence of the needle and the victory over matter—instead of making the artistic creation and figuration express a heroic mastery of the background it is made out of—Lage uses the stroke to express the very tension between stroke and material, figuration and background. In the drypoint etching Untitled from 1983, which illustrated the Danish translation of Beckett’s Ill Seen, Ill Said , the needle tears up the material in long rough lines: Together, the primarily horizontal and vertical lines form a face. Thus the force needed to etch a line in the metal-plate draws attention to itself: It is there in the absence of curves and nuances. Man emerges on the metal-plate after great exertion and in a very simplistic form. This way Lage enhances the nature of the material, as the material’s resistance is not something to overcome. On the contrary the figuration is smitten by its very resistance and as such expresses the violence of its own becoming. Even more pronounced is the fact that the lines do not just show the violence of creation—it actively erases figuration in the same process that creates it. For example the mouth consists of 8-10 horizontal strokes, of which some seem to be connected to each other as if the mouth has been quickly scratched out. The mouth speaks of the inability to speak. In the same way, the eyes are black holes due to a large amount of criss-cross cuts, which together form a dark middle. Those lines, at the same time, form the eyes of the figuration and scratch out the eyes of the figuration. The extroverted aspects of the face—connected to speech and sight—are portrayed as introverted as well. Just as the etchings down into the metal-plate makes something appear. Leif Lage, Untitled , 1983 (etching) The figuration of the etching is connected to creation. It expresses that something is wrought into existence out of nothing by sheer artistic force. However, this force is at the same time presented as a violence of creation, which makes it impossible for form to truly emerge. Herein lies one of the basic principles of Lage’s art, namely that art cannot be that nothing or something behind the realm of words or signs. Without form, art would lose its ability to express anything at all. Form is a necessity if art is to avoid becoming as devoid of expression as the reality is that we cannot reach behind the appearance of things. On the other hand, art cannot raise itself above its own material in joyous celebration of the beauty of form. This would use the material in the manner of an instrument and thus would suppress the otherness it attempts to rescue. When art becomes mere form, any traces of otherness will have dissolved. Then art would be a question of technique, in no way different from the instrumental rationality of society. Therefore art works in a particular space between form and non-form. As Hjernøe says of the works of Lage, it is in the center of the event, in the in-between where things neither are nor are not, "And everything takes place just before it changes character. As the blood just before it coagulates, as the milk just before it separates, as fried egg just before it turns white […]." 5 The precise emphasis on the in-between of Lage’s art points in particular to the work of art as both outside of and in time. The work of art is a singular point in time, but at the same time it is continually in process. In the borderland between form and non-form, between creation and destruction, it shimmers like a fata morgana . The work is done but at the same time undone. It is only there as a cry in response to the inability to come into being. Akin to the etching is the drawing, but while both, of course, use the stroke or line as their main instrument, the paper does not resist the line in the same sense as the metal-plate of the etching. As a result in Lage’s drawings the stroke frolics in a space with almost no tension at all. There is nothing there to keep the pencil stroke at bay, but at the same time this means that there is nothing there to keep it together. One of the more expressive examples of this is found in an untitled drawing from Tegninger og Text ( Drawings and Text ) from 1999. The drawing consists of one unbroken pencil stroke. It is as if the stroke is confused—it darts around on the paper making doodles on the way or gathers itself in more straight lines in the center of the paper. It is in this manner that the semblance of a body is established. A couple of small circles serve as eyes and are the reason that the rest can be read as both face and body instead of pure abstraction. In fact the unbroken stroke serves as both abstraction and figuration as on the one hand it is the stroke that seemingly outlines the shape of a figure, while on the other hand the unbroken stroke dissolves any truly recognizable figuration by continuously, without end or aim, overflowing the boundaries of the figure. Seen again here is a doubleness to the stroke and the act of creation. In the etching it was all about the tension between the resistance of the material which created the doubleness. Here it is the opposite. It is the lack of tension. The stroke is free to do anything, but has no aim: without some kind of resistance, there is nothing to hold figuration together. It threatens to dissolve into nothingness. Conversely, the drawing can also be seen as a process of becoming. Like a form of automatic writing, the pencil darts around until it finds a point of densification. But even in such an interpretation of the drawing, the figuration appears artificial—it points to itself as the result of the artistic act of creation. The stroke is primarily stroke and only secondarily figuration. With its wild movement it calls attention to itself as stroke. Thus the figuration never becomes something in its own right. It points to the basic principle of creation: Someone has drawn me, I am the result of artistic endeavors, and therefore I am not for myself but always overflowing the boundaries that contain me. It is the stroke that in the very same movement creates figuration and dissolves it. Leif Lage, Untitled , 1999 (drawing) THE LIGHTNESS OF COLOR, THE DENSITY OF PAPER Often the watercolor is used as a precursor for larger paintings, because it has an immediacy in which one can quickly paint the main lines of a composition. However, Lage’s watercolors are not temporary points in a process leading to another final painting. They are not sketches, later to be filled with details in another material. For him watercolor is an end in itself. This also implies that he doesn’t try to work against the paper’s absorption of the water color and its tendency to absorb detail. On the contrary, he examines the possibilities inherent in this blurring of the line and absorption of color. As in the previous examples, there are of course recognizable shapes in Lage’s water colors. But these shapes are rarely separable from color, line or even paper. In other words: the figurative and the abstract more or less become one. One of the reasons for this is that Lage often works on wetted paper which means that the paper hungrily absorbs color into its fabric instead of it being on top of the paper. The paper becomes line because it is the absorption of the color which, together with the brush stroke itself, separates the colors from each other. The line is also color and the color is also line, because there is no separation between the different colors other than the colors themselves. At times this results in almost complete abstraction. In such cases Lage add lines with a pencil as if he wants to hold some sort of figuration together. At other times it is the other way around: the strokes of the pencil are a being dissolved by the water color blurring out the figuration. Untitled 1 from 1999 displays various tones of green. The contour of the colors appears unusually rough. Most of all it is reminiscent of a shoreline which has found its form through the work of thousands of years between water and land. Pockets of resistance surface as islands not yet drowned in color—as paper or color not yet consumed by the dominant color. The shape of the colors does not seem created by the hand of the artist, but rather by the inner workings of the watercolor: color against color over time has resulted in this very image, as if it is all a part of a natural process of change and decay. Despite the fact that there are no strong differences in color there seems to be a struggle taking place in the watercolor. For example, inexplicable holes in the dark color, which cover most of the right side of the watercolor, appear as if the underlying color is eating away the dark color, or that the dark color is in the process of covering up the underlying color. The small pockets of resistance demonstrate a process and development that, almost as a happy accident, evokes a couple of small eyes and a large mouth. Behind the colors a few slanted lines can be discerned, but the hand of the artist has long ago disappeared behind the life of the colors. Thus the watercolor seems to be held at precisely the point in time where figuration randomly appears. The small eyes and wide mouth seemingly express the realization of the figuration’s temporality. It is just a moment in time, soon to be consumed again in the life of the colors. The nature, the background it stems from and is part of, moves on undeterred, continuing its everlasting process of creation and decay. In this sense, the watercolor provides an experience of how neither artist nor man is able to transcend the materiality they consist of. The colors of man, the materials man consists of are “becoming” and “progress” but also “decay” and “disappearance”. The artist’s pencil strokes have been eaten up long ago, and the figuration is living on borrowed time. Human or artistic activity is about creating form, transcending mere matter by shaping and applying meaning to it. But Untitled 1 shows the doubleness of such creation: the transience and fragility of human life. Should the figuration come into being, should it rise and transcend the material, which binds it to its temporal existence, it would become nothing because its very existence is conditioned by the life and work of the colors. In the same sense man cannot escape his own temporality. He too, for better or worse, must accept a life in the volatility of sensation. Leif Lage, Untitled 1 , 1999 (watercolor) In most of Lage’s watercolors there seem to be a stronger artistic control than in Untitled 1 . Most often both the arrangement of colors and the technique in which they are painted express the hand of the artist. An example of this is Untitled 2 from 1999. While figuration in Untitled 1 seemed to appear as a happy accident, the figuration is much more “created” in Untitled 2 . Here the most important parts of the figuration, the eyes, the mouth and part of the skull, are colored black and painted on top of the background’s play of colors. The background primarily consists of blue and yellow tones. Only parts of the paper are covered in color, however, which yet again stresses the act of painting: There is a surface which is being filled by color by an artist. The blue tones are concentrated in the figuration, while the yellow tones surround it. All this means that the figuration stands out more clearly in this watercolor. This is also underlined by the fact that the blue and dark tones cover part of the yellow tones as spots here and there. Thus it is not a background which is in the process of consuming figuration, but rather the emerging figuration which blots out the background. Such an understanding is even suggested by how the mouth and eyes are placed in the larger blue color field. The eyes and mouth are in the center of the watercolor, while the blue color field is placed from center out towards the left side. This gives the impression of a face turned slightly to the right and slightly upwards, which again makes the mouth appear to emerge from the paper. It also helps that the mouth cuts the center axis of the watercolor. In other words, the arrangement of the blue and black colors create some depth and perspective which gives the illusion of a figuration, seen partially in profile, emerging from the background. Seen in profile, the eyes and mouth seem extroverted—they almost seem as if they are put on top of the face. But at the same time they are painted as black holes, sucking in the gaze of the onlooker. The watercolor is even more challenging if one follows what may be the faint outline of the skull, which, on the right side of the watercolor, no longer works together with the blue color, but rather alone postulates the outline of the skull. If not the blue color field, but this line, is the outline of the skull, then all of a sudden the face is not in profile but “en face”—staring directly towards the onlooker. Outline and color seemingly work against each other and establish two different expressions. Without the slightly upward tilted expression of the profile, the eyes and mouth do not seem to emerge from the paper. On the contrary, seen “en face,” the eyes and mouth are really gaping pits of darkness. In this sense Untitled 2 is at the same time surface and depth of perspective. The line gives form but at the same time it dissolves the form created by the colors, and vice versa. Leif Lage, Untitled 2 , 1999 (watercolor) As the last example of Lage’s artistic method, I have chosen another untitled work (as indeed nearly all of Lage’s artworks are)—this time from 2000. This is perhaps one of the most figurative watercolors Lage has created, though that doesn’t tell us too much. The painting depicts a human face in blue and green tones on a yellow toned background. The colors create a clear demarcation between the figure and the background, which compensate for the watercolor’s lack of outline. Beneath the face darker tones imply the beginning of the torso, and nuances of color even hint at something which could be a collar. The hair is in even darker tones and its structure is emphasized using pencil strokes on top of the water color. One eye is marked by a brown spot with a darker spot in the middle, while the other eye is added by pencil. The mouth is a round, red dot. In Untitled from 2000 the work between abstraction and figuration is much less pronounced than in the previous examples cited here. Nonetheless the watercolor has a delicacy to it which almost makes the figuration disappear, even as it appears. This has something to do with the fact that all the individual brush strokes have dissolved. The only outlines are those created by the clash of colors. Even the red mouth seems to be more paint than mouth—unable to be formed truly as anything other than a speck of color with some small semblance to a mouth. In contrast to the other watercolors, there is no movement, no progress or decay, just a vibrating standstill. The figure is not emerging or disappearing but embedded in and as surface, and as such it makes the figure seem stuck in its condition rather than freed by the act of giving form: mouth open as a wound. Pencil strokes add detail and life to the hair as an attempt to help the figure emerge. But all this does is create two levels in the watercolor: The pencil strokes are put on top of the figuration rather than being part of it. Thus they end up highlighting the endless distance between the movement and form-giving of the pencil strokes and the static and stuck figure behind these strokes. Leif Lage, Untitled , 2000 (watercolor) MAN AND THE VIEW OF THE ONLOOKER Lage’s works seem at the same time to be an examination of tensions between form and material in art and a display of an image of man full of the same tensions. This is because the people who are emerging in Lage’s images are not just in his works, They are his works. This means that man is not something emerging from a background but is part of this background and vice versa. The art of Lage inscribes man in its surroundings and background. Man is not the ruler of nature. Man does not rise above matter; there is no truly transcendent position for man to occupy in the art of Lage. Instead man is a part of the very matter, it, at the same time, tries to distance itself from in order to distinguish itself from its surroundings. Man emerges in an attempt not to be line, stroke, color. In an attempt to free itself of matter. Should it succeed in this, however, it would turn into nothing. On the other hand, if man fully accepted itself as mere matter it would disappear in it—in instincts, urges and lack of reflection. The appearance of man is thus subject to a state of being in-between. Only in the tension between material and its negation can the outlines of man be traced. However this also means that in the art of Lage man is never something in itself but always in process—on the way to its freedom and its loss. However, Lage’s art is not just about showing the tensions inherent in man but also about showing such tension on the verge of breaking point. In the moment before everything is done, or when nothing yet has been done, the delicate tension between form and material has been stretched to its utmost in such a way that man’s character of process emerges and is contained on the paper or canvas. Therefore, Lage’s art contain traces of human life. Not only is it an autonomous unity of tensions where man is stretched out between its singularity and the surroundings it is a part of. It is also this pulsation between figuration and material which brings about the traces of human endeavor and activity. Even when man almost seems to have disappeared into the material, strokes and lines are still there as a reminder of human activity and potential creative power—as a reminder that hope is still possible and that man is still there. The view of the onlooker seeks out forms and meaning. It seeks outlines and edges. But first and foremost it is the eyes in Lage’s works of art that allow the onlooker to decode the figuration at play. This creates a distinctive relationship between the onlooker and the artwork. The onlooker tries to wrest the enigma from the artwork, tries to reduce it to solid, meaningful form. But the very same moment that hints at such a possibility sees the view of the onlooker confronted with a gaze of its own. The eyes of the figure in the work of art are most often dark pits, as if they were an illustration of the violence committed against the eyes of the onlookers and their search for meaning. Or as if they were a dark reflection of the onlooker’s failed attempts to delineate the traces of life in the artwork to a solid meaningful form. Therefore, the gaze of the figuration speaks not only of its own powerlessness but also of the powerlessness of the onlooker. When the view or sight has trouble finding solid meaningful forms, it has something to do with the fact that the precondition for sight, light, no longer stems from something transcendent. In Lage’s art there is nothing outside the works of art, nothing outside of human life, and as such nothing to shed light on the works of art or human life and reveal solid meaningful forms. All light comes from within. In a western context, light as a medium for sight is central to the understanding of meaning. People speak of the clarity of thought, while knowledge is tied together with enlightenment, and so forth. But the light no longer originates from a divine point of view. It originates from man, who has created himself in the image of God. The problem with this is that light always covers up its own base. Light illuminates something but at the same time it hides itself. 6 While it was previously God who was unknowable, now it is man. It is also problematic that sight and the medium of sight stem from the same place. Following this thought one can posit two final problems. Firstly, the immediacy and presence established by light by making forms and objects accessible to sight is fake. Light is not some independent entity which present things in a neutral manner for the onlooker. It is inextricably tied together with the gaze’s desire after meaning. In other words: Light perverts the appearance of things because it doesn’t originate from some objective entity which allows them to appear as they are. Instead light is based upon and originates from the subject and its conquering gaze, seeking out meaning and form constantly. Secondly, the joining of sight and light makes introspection within human life impossible. Everything can be illuminated by its use value for the subject but only as long as it is separated from the subject, as long as it is an object. But the subject itself cannot be illuminated. Lage’s art tears down such a dividing line between subject and matter, but it does so without reestablishing a divine position from where the light emanates. Therefore, the light in Lage’s art may not illuminate very well. It may not have the certainty presented by modern science or the religions of yesterday. But it does show what such light tries to hide, namely, the subject as it is in its material reality—inscribed in time and death, which are the basic conditions of materiality, but at the same time also full of life in its joy and will to create. For the onlooker the meeting of the gaze in Lage’s works of art is thus also a destruction of the view of the onlooker. The ability to see is challenged in a radical way. Those outlines will not solidify into static form, as if the light was too dim to see. Just as in Lage’s figurations, the view of the onlooker turns to black: turns towards the onlooker in recognition and becoming—or disappearance. NOTES Max Horkheimer and Theodor W. Adorno. Dialectic of Enlightenment . (Palo Alto: Stanford University Press, 2002): 4-5. Theodor W. Adorno. Aesthetic Theory . (London & New York, 2002): 176. Carsten Bach-Nielsen. “Mere glæde end gru.” Kristeligt Dagblad . September 24, 2002. Leif Hjernøe. “Den yderliggående inderlighed.” LEIF LAGE—Retrospektiv udstilling 1983 . (Copenhagen: Brøndum, 1983): 18. Ibid. Maurice Blanchot. The Infinite Conversation . (Minneapolis: University of Minnesota Press, 1993): 162-163. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:'Is* and Ought' in Context: Maclntyre's Mistake1 Murray MacBeth (1)What drives Hume to the conclusion that morality must be understood in terms of, explained and justified by reference to, the place of the passions and desires in human life is his initial assumption that either morality is the work of reason or it is the work of the passions and his own apparently conclusive arguments that it cannot be (...) the work ofreason. (2)At the same time as they [Diderot, Hume, Kierkegaard and Kant] agree largely on the character of morality, they agree also upon what a rationaljustification ofmorality would have to be. Its key premises would characterise some feature or features of human nature; and the rules of morality would then be explained and justified as being those rules which a being possessing just such a nature could be expected to accept. (3)[Hume] treats this ground for the justification of the rules of property and this explanation ofthem as holding for all times andplaces, prosperous as well as unprosperous, ever since the rules were first artificially contrived. (4)It isjust suchreasoning which Hume advanced both to explain and to justify the rules ofjustice, conceived as he conceived them, and the obligations imposed by those rules, understood as he understood them. One characteristic common to these four quotations from Alasdair Maclntyre's influential books After Virtue and Whose Justice? Which Rationality? is a yoking which is neither explained nor justified in the surrounding context, of the concepts of explanation and justification. Hume is said to be concerned both to explain and to justify (1) "morality," (2) "the rules of morality," (3) "the rules of property," and (4) "the rules ofjustice," and it seems that in each case he used the same argument to do both. My aim in this paper is to argue that Maclntyre altogether fails to dojustice to the distinctionbetweenjustification and Volume XVII Number 2 41 MURRAY MACBETH explanation, a distinction which is of the utmost importance for the interpretation ofHume—and notjust ofHume's moral philosophy. I take as my target, however, not either ofthe books from which I drew my opening quotations, but a much earlier article ofMaclntyre's, "Hume on 'Is' and 'Ought'," in which the ideas expressed in the above quotations are foreshadowed. An examination ofaspects ofthis article will enable me to show, if I am right, how Maclntyre goes startlingly astray. That 1959 article set in motion a lively discussion of the interpretation of Hume: no less than six articles, by Atkinson, Flew, Hudson, and Hunter, all contributions to the debate sparked off by Maclntyre, are reprinted in either or both of Chappell (1968) and Hudson (1969).6 I am in broad agreement with the criticisms made of his article by Atkinson and Flew; but I think it instructive to identify, as they failed to do, Maclntyre's fundamental mistake, which, I shall argue at the end ofthis paper, resulted from the very kind ofconfusion against which Hume warned his readers, and warned them in precisely that passage with which Maclntyre was primarily concerned, the famous paragraph about "is" and "ought" at the end of the opening section of book 3 of Hume's Treatise. My identification of Maclntyre's mistake involves putting that "is"-"ought" paragraph in context: in both, ambitiously on my part, the broad context of the Treatise as a whole, and also the more immediate context of the opening sections of book 3. Maclntyre wrote his article less as a contribution to an ongoing discussion of Hume than as a contribution to an ongoing discussion of ethical naturalism. Mid-twentieth century anti-naturalists, as Maclntyre pointed out, often invoked the "is"-"ought" paragraph as putting forward a view which was direct a ancestor oftheir own. Hare, for instance, appeals in his article "Universalisability" to what he calls "Hume's Law,"7 with a footnote referring the reader to this paragraph of the Treatise; the "law" in question is, roughly, that "ought"-judgements cannot be deduced from "is"-judgements. Maclntyre argued that such an interpretation of Hume was mistaken; and a crucial part ofhis evidence was the claim that, "ifthe currentinterpretation ofHume'sviews on "is'and'ought... (shrink)

Photo by Hannah Busing on Unsplash INTRODUCTION Religion has long provided guidance that has led to standards reflected in some aspects of medical practices and traditions. The recent bioethical literature addresses numerous new problems posed by advancing medical technology and demonstrates an erosion of standards rooted in religion and long widely accepted as almost axiomatic. In the deep soul-searching that pervades the publications on bioethics, several disturbing and dangerous trends neglect some basic lessons of philosophy, logic, and history. The bioethics (...) discourse on medical aid in dying emphasizes similarity over previously recognized important distinguishing features. For example, it overplays a likeness between assistance in dying and the withdrawal of life-saving technology. In many bioethics’ topics, arguments based on a logical continuum are used to question the lines demarcating important moral differences. l. The Line Between Ethical and Not: Logic Based on Continuum Careful case selection, often either end of a continuum, allows the tearing down or ridiculing of many rules and codes across most professions and fields of interest. This situation holds true for traffic laws as well as medical ethics guidelines. It is relatively simple for those who desire to attack a particular viewpoint by selecting a case that makes that position seem untenable. In the ethics realm, good and bad medicine exist at opposite ends of an ethical continuum, with many practices lying in between. For example, much of medical ethics exists between the Nazi criminal physicians and the most sainted nurse or physician. A gradual progression occurred over less than two decades from a utilitarian position that supported limited euthanasia for those with certain mental illnesses to genocide. German society embraced a utilitarian ethic in which the value of human life no longer was intrinsic but instrumental.[1] Many morally significant points on a continuum were then ignored as the misguided utilitarian policy rampantly continued. A point in the continuum to distinguish between ethically justifiable and that which is not can be difficult to identify compared to the two extremes. This continuum is not unique to ethics but can be applied to almost any other aspect of human life and endeavor. Between a severely ill schizophrenic person and a superbly well-adjusted individual, there is a continuum of mental and psychological function. The existence of a continuum should not paralyze thinking and prevent us from drawing lines and identifying moral differences based on objective criteria as well as moral philosophy. Yet, by focusing on a continuum, many bioethicists use logic to disregard dividing lines between an "ethical" and an "unethical" act. Unfortunately, sometimes bioethicists draw revolutionary conclusions that would change the scope of medical practices which is accepted as ethical. There are many examples of similar shifts on the continuum. Many authors argue for the ethical permissibility of abortion by pointing out that the human fetus is no different in various characteristics, one arguing it is as like an ape or chick as it is like a person,[2] and does not achieve unique human and individual characteristics until well into the first year of life.[3] While human fetuses arguably do not have certain distinctive qualities of personhood, most people shy away from the logical next conclusion: permitting infanticide. For example, Joshua Lederberg condemns infanticide, in the face of biological illogic, because of our emotional commitment to infants, to me, a relatively weak explanation. Sir Francis Crick suggests we might consider birth at two days of life in order to decide whether an infant is a "suitable" member of society.[4] Giublini and Minerva suggest that infanticide should be permissible since late pregnancy abortions are permissible, arguing there is no significant difference between a fetus just before birth and an infant just after birth.[5] Clearly the continuum approach would allow for subjective arguments in favor of later infanticide at other points many days post-birth. Years ago, with a cynical tone, I mentioned infanticide as a further step on the continuum beyond abortion, and I was rightly shouted down as being deliberately provocative to assert the logic would ever stretch so far. While it is not an accepted mainstream position, the movement in academic settings from widespread condemnation to limited possible acceptance of infanticide has taken place in an incredibly short time. Public opinion and medical opinion in these areas have shifted dramatically in a short time. In another area, from a biological and chemical point of view, there is a continuum from man down to a single carbon atom. Yet, it would not seem logical to ignore the emotional differences, the meaning of personhood, or the moral distinction between killing an insect and killing a person. ll. A False Continuum: Medical Aid in Dying I assert that there has been an erosion of ethical guidelines in recent years attributable to using continuums to camouflage important distinctions. James Rachels’ work on active and passive euthanasia, which contends that the two are ethically identical, exemplifies that logic.[6] He illustrates this thesis, using a continuum to compare different scenarios with like consequences as morally equivalent, by comparing the deliberate drowning of a child with a deliberate failure to rescue a drowning child when easily able to do so. The author's comparison proposes that since much of the medical profession has already made peace with withholding treatment in order to hasten death, consistency inexorably demands that we permit active euthanasia as well.[7] When permission for active euthanasia was first introduced, it was limited exclusively to patients suffering severely from an intractable, incurable, and irreversible disease. These guidelines have been continuously eroded. There is now a substantial serious consideration for permitting active euthanasia of healthy elderly individuals who feel that they have completed their lives and are "tired of living."[8] There are many moral and factual differences along the ethical continuum. In human life, there is a difference between a live baby and a fetus, between a viable fetus and one that is not, between a fetus and a zygote, and between a zygote and a sperm cell. Similarly, there is a difference between pulling a trigger to kill someone and not interfering in preventing his death, which is reprehensible though both may be. There is a difference between not resuscitating an 80-year-old man with cancer when his heart stops and injecting him with a fatal dose of potassium chloride. I argue that an overt act of taking life repels civilized human beings is to be commended and encouraged as the reverence for human life or even for just a moment of human life is one of the great contributions of our civilization. CONCLUSION As an orthodox Jew, I feel that divinely inspired guidelines that have stood the test of centuries shape my beliefs, and such guidelines contradict medical aid in dying. I cannot speak to the viewpoint of those who do not access religion in defining their moral stance, nor do I implicate them in the current bioethics' trends, as I am not aware of the personal role of religion in the lives of most such authors. While many nonreligious people have a firm philosophical grounding and oppose medical aid in dying, I suggest that in the absence of any religious or other absolute standards, developing logically defensible ethical guidelines may be challenging. At the least, religion may play a role in defining the points on the continuums that are ethically meaningful and refuting the trending beliefs that if the endpoint is the same, allowing different methods of arriving at that end are somehow ethically equal. The continuum of ways death may result does not negate analysis of whether death is brought about in ways that recognize the importance of life. The German philosopher Hans Jonas said, "It is a question whether without restoring the category of the sacred, the category most thoroughly destroyed by the scientific enlightenment, we can have an ethics able to cope with the extreme powers that we possess today and constantly increase and are compelled to use."[9] While countries vary on the role of religion in policy, with many emphasizing freedoms of religion, a recent position paper released by a group of Jewish, Christian, and Moslem leaders suggested the need for agreement on the unique sanctity of human life.[10] I would recommend that such a document serve as an example of consensus on critical foundational bioethical guidelines for democratic secular societies. - [1] Alexander L Medical science under dictatorship. New England Journal of Medicine, 241, p39-47 DOI10.1056/NEJM194907142410201 [2] Lederberg J. A geneticist looks at contraception and abortion, Annals of Internal Medicine 67, sup 2, 25-27. https:/doi.org/10.7326/0003-4819-67-3-25 [3] Ibid. [4] Editorial, Sociology: Logic of biology. Nature 220, 429 https://www.nature.com/articles/220429b0 [5] Giublini A Minerva F After-birth abortion: why should the baby live. J Med Ethics 39, 261- [6] Rachels J Active and passive euthanasia. New England Journal of Medicine 292, 78-80 [7] Ibid. [8] Cohen-Almagor R Euthanizing people who are "tired of life". in Euthanasia and Assisted Suicide-Lessons from Belgium. Ch 11 of Euthanasia and Assisted Suicide, Cambridge University Press pp173-187. 2017 and DOI; https://doi.org/10.1017/9781108182799.012 [9] Hans Jonas, Technology and Responsibility: Reflections on the New Tasks of Ethics, 1972, found as Chapter IX, Philosophical Essays, 1980. https://inters.org/jonas-technology-responsability [10] A position paper of the Abrahamic Monotheistic religions on matters concerning the end-of-life. Vatican Press 28 October 2019 https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2019/10/28/191028f.html. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:FROM CAIN AND ABEL TO ESAU AND JACOB Angel Barahona UniversidadComplutense, Madrid The theme of twins or of enemy brothers is one which fascinates anthropologists owing to its frequency, the beauty of its mythopoetic settings, and its social significance. The theme always appears in relation to fratricidal violence, and is always linked to myths offoundation or origin. Clyde Kluckhohn in his book about brothers "born in immediate sequence" (...) reminds us that the death of one of them brings with it a momentary peace, the foundation ofa new social order. Thus it is not the fact ofbeing twins, or antagonistic brotherhood per se which is the key to the stories, but violence: Twins are impure in the same way that a warrior steeped in carnage is impure, or an incestuous couple, or a menstruating woman. All forms of violence lead back to violence. We overlook this fact because the primitive concept of a link between the loss ofdistinctions and violence is strange to us; butwe need only consider the calamities primitive people associate with twins to perceive the logic of this concept. Deadly epidemics can result from contact with twins, as can mysterious illnesses mat cause sterility in women and animals. Even more significant to us is the role oftwins in provoking discord among neighbors, a fatal collapse of ritual, the transgression of interdictions—in sort, their part in instigating asacrificial crisis....Behindthe image oftwins lurks the baleful aspectofthesacred, perceived as a disparate but formidableunified force. (Girard 1977, 58) All the mythological, literaryand historical accounts oftwinswhichwe have involve bloody conflict: Eteocles and Polyneices, Romulus and Remus, Richard the Lion Heart and John Lackland, and so on. To a 2 Angel Barahona surprising extent even the development of the different stories is similar. When Polynices departs from Thebes leaving his sister there, hoping to reign through her, he takes with him his fraternal conflict as if it were an attribute of his being. Wherever he goes his brother appears to him, and will oppose him to the death. When an oracle announced to Adrastrus that his two daughters would marry, respectively, a lion and a wild boar, animals which are different in their appearance but identical in their violence, it was presaging fraternal conflict. In Euripides' The Suppliant Women, the king tells how he came upon his sons-in-law. At his door, one night, Polynices and Tideus, both reduced to poverty, were quarreling furiously over possession ofa camp bed. Their brotherhood by virtue ofmarriage with two sisters brings them within the fraternalcategory, likeOedipus and Creon, orDionysus and Pentheus, rival cousins. A plot of land or a kingdom, a woman or an object, the status of firstborn or an unjust inheritance, all give pretexts for conflict. We cannot avoid conflict when desires converge on the same object. It is difficult for the brothers to be aware of their symmetry, their reciprocity, the intense violence which is hidden behind their brotherhood,—an awareness which might spare them their confrontations—because they never occupy the same positions atthe same time. The reciprocity is real, but it is the sum of non-reciprocal moments. The antagonists occupy the same positions in time, but successively, not simultaneously. The same acts and the same sentiments appear in cyclical alternation, but the brothers cannot directly observe their own reciprocity, and thus their identical nature, because they seem to be differentiated by the role which each one plays. Cain and Abel There are many stories ofconfrontations between brothers in Scripture, including those related to the rights of the first born. From Genesis 4,5 onwards we see how these are an interminable source ofconflicts. The first example, Cain and Abel: "And the LORD had regard for Abel and his offering, but for Cain and his offering he had no regard. So Cain was very angry, and his countenance fell" anticipates the themes ofthe blessing and the looking at the face. And we can observe the games of symmetry with the language: "the LORD had regard for Abel and his offering, but forCain and his offering he had no regard." Cain and Abel are presented as an agriculturalist and as a shepherd respectively, two forms ofsocial life. In this quarrel... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:US War-Culture, Sacrifice and Salvation by Kelly Denton-BorhaugStephen M. VantasselUS War-Culture, Sacrifice and Salvation Kelly Denton-Borhaug oakville, ct: equinox, 2011. 279 pp. $34.95In US War-Culture, Sacrifice and Salvation, Kelly Denton-Borhaug uses cultural and linguistic analysis in order to understand the place of war in American culture and discourse. She begins by noting that war culture is so deeply embedded in America’s ethos that its citizens are generally unaware (...) of the extent to which the United States has been militarized, with both weapons and ideology. With sobering detail, Denton-Borhaug documents how the military has penetrated and shaped institutions ranging from colleges to industry. She explains how militarization is exemplified in the consumer and civilian culture through video games and the rise of a surveillance state. By way of this analysis, the author makes the case that Dwight Eisenhower’s fear concerning the influence of the military-industrial complex has fully been realized in modern America.Denton-Borhaug then addresses what she considers to be the ideological fountainhead for America’s militarism: the Christian doctrine of substitutionary atonement. In short, as Christianity teaches that an innocent man had to sacrifice himself to save humanity, so also American war-culture ideology teaches that soldiers, citizens, and the country must sacrifice on the battlefield in order to achieve national or political salvation. Denton-Borhaug suggests that politicians and others draw on the notion of the necessity of sacrifice as a way to convince people to support militarized conflict and to endure the inevitable hardships that result. By analyzing US political rhetoric between 2001 and 2003, Denton-Borhaug makes a compelling case that the Bush administration used sacrificial images of victims and abusers to set up a simple black-and-white ethical paradigm to justify the war in Afghanistan and Iraq.From there Denton-Borhaug turns to feminist theological and linguistic analysis to deconstruct the language of sacrifice in political discourse. She argues that when sacrifice in war is seen as a necessity, the brunt of its effects is often borne by the weakest groups in society. The sacrifice motif also sets up a problematic model of active masculine protectors and passive women in need of protection, which leaders often exploit to convince the public to “trust them.” [End Page 201]If Denton-Borhaug simply asked Christian leaders to guard against the use of Christian theology to justify national or political war-making interests, I doubt few would object to her case. In fact, I commend her for drawing attention to these critical issues and arguing for tactics that encourage peacemaking. Unfortunately, Denton-Borhaug argues that the solution to the political use of sacrificial theology is to jettison it, or at least to marginalize its use in Christian teaching. She proposes that we replace it with a theology of work, a cure that may be even worse than the disease she diagnoses and that is, moreover, not logically required to achieve the peacemaking she promotes. In this regard Denton-Borhaug could have been more transparent about her own presuppositions. For example, she clearly leans toward nonviolence, leaving readers to wonder whether genocide, nuclear buildup, and state-sponsored terrorism are the only justifications for war (222). Moreover, I am not completely convinced that America’s use of sacrificial language is an unvarnished harm. I suspect that at least some of the United States’ use of sacrificial language stems from a desire to avoid language that glorifies war. Would America be better off if we used militaristic terms like “Death to Afghanistan” that emphasize domination, rather than the suffering associated with “sacrifice”?Despite these weaknesses, Denton-Borhaug’s book is a valuable antidote for Christians who have grown too comfortable with America’s military-industrial complex and ideological war-culture machine. We would do well to take seriously her exhortation to work to remove the roots of war in our effort to create a world of peace.Stephen M. VantasselKing’s Evangelical Divinity SchoolCopyright © 2015 Society of Christian Ethics... (shrink)

Attitude is a learned tendency to react positively or negatively to certain objects, situations, institutions, concepts or other people. Researches indicate that attitude towards the course is an important factor in achieving the objectives of any course. In this context, it can be said that attitude towards Religious Culture and Ethical Knowledge (RCEK) courses is important in achieving the objectives of the course. Because both the student's attitude towards religion and his/her success in the course are largely related to (...) his/her attitude towards the course. One of the most commonly used approaches to measure attitudes is to develop a scale for the attitude in question. In this context, when the literature is examined, it is seen that there is a rich literature on various attitude scales related to the RCEK course. Although the developed scales have brought the existing situation to a certain level, there was a need to develop a new scale for the following reasons: The lack of confirmatory analysis of some of the scales, the focus on the factors affecting attitude rather than directly on attitude, the fact that the scales contain questions about the importance and necessity of the course (because although they consider the course important, they may have a negative attitude towards the course), the fact that it has been 5 years since the most recent scale was developed, and the need to develop a short and concise attitude scale that measures attitude. The aim of the study is to develop an attitude scale towards RCEK course that can be used both in middle and high schools and to analyze the attitude scale towards RCEK course according to various variables. For this purpose, survey design, one of the quantitative research designs, was used. The research was conducted in 5 steps. In the first step, the attitude scales based on the literature were examined and the items were written and then the written items were sent to the field experts. In the second step, item analysis was performed, in the third step exploratory factor analysis was performed, in the fourth step confirmatory factor analysis and reliability analyses were performed, and in the fifth and last step statistical analyses were performed to determine the relationship/differentiation of the attitude towards RCEK course with various variables. Except for the first step of the research, there are study groups in each step. While forming these study groups, stratified sampling was selected as the sampling model. Gender and grade level were taken as strata. There were 887 students in total in the study groups. In data analysis, unrelated samples t-test for paired groups, one-way analysis of variance ANOVA for more than two groups, and Pearson correlation analyses were performed to determine the relationships between continuous variables. After all these analyses, a valid and reliable scale of attitudes towards the RCEK course, consisting of 9 items and explaining 57.68% variance, was developed. It was found that the scale of attitudes towards the RCEK course differed significantly according to the participants' school types, perceived teacher attitude, desire to change the RCEK teacher, and parental education levels. In addition, it was found that the scale of attitudes towards the RCEK course did not differ significantly according to gender, and there were no significant relationships between them and academic achievement and socio-economic level. As a result of this study, which aimed to develop a scale for attitudes towards the RCEK course, an attitude scale that provided validity and reliability analyses was developed. The scale consists of 9 items, 4 of which are reversed. Reverse items are coded items 4, 6, 7 and 8. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 126.1 (2005) 135-138 [Access article in PDF] Jenny Strauss Clay. Hesiod's Cosmos. Cambridge: Cambridge University Press, 2003. xii + 202 pp. Cloth, $65. This book, following on The Wrath of Athena (1983), The Politics of Olympus (1989), and a number of articles, continues Clay's distinctive work on "early Greek theology" (1), that is, the nature of gods and their relations with human beings as treated (...) in archaic epic poetry. For Clay, the works of early Greek epos can be seen as a coherent and interconnected whole, in which the combined subject matter of the Homeric Hymns, Iliad, and Odyssey is book-ended, as it were, by the two major Hesiodic poems: Theogony tells the story from the beginning of things to the accession of Zeus, whereas Works and Days describes life in the post-heroic Iron Age. Hesiod's Cosmos argues for a closely interrelated and complementary relationship between these two works, in which one poem looks at the world from a divine standpoint, paying little attention to human life, while the other focuses on the here-and-now exigencies of human existence, considering the gods mainly as they intersect with those realities. Together they make up a view of the world that transcends any single perspective, displaying the superior skill, intelligence, and inspiration of their poet. As a pragmatic explanation for this thoroughly intertextual relationship, Clay proposes that Hesiod may have been at work simultaneously on both compositions.Dealing succinctly with the Hesiodic Question about authorship and authorial persona, Clay locates the composition of Theogony and Works and Days in a middle ground, somewhere between the work of a historical poet, whose biography is reflected in the poems, and the product of a didactic tradition in which "Hesiod" is the persona that a performer of this poetry adopts (a view developed especially by Gregory Nagy). A historical Hesiod seems likely to Clay, but even so, "the voice we hear is constructed within the text for its own ends" (3). Although she maintains that this question is not central to her analysis of the Hesiodic poems, the nuanced and subtle cross-references that she postulates between the two works prompt her to write as if there were an individual, thoughtful author behind the texts—one working with ideas that will be taken up later by acknowledged "philosophical" writers. Further, and central to her methodology, Clay maintains (9) that it is both possible and desirable, if hardly simple, to seek authorial intentions in the works under discussion. The admittedly provocative goal of Hesiod's Cosmos, then, is to "demonstrate a coherent plan that unites the poems into a consistent vision that is both thoughtful and subtle" and thereby "to recover the reputation the Hesiodic poems long enjoyed in antiquity" (2: a discussion of Hesiod's ancient reputation would have been welcome here). [End Page 135]The book is well organized to achieve that end. It begins with a general chapter on Theogony and another on Works and Days, summarizing each work while emphasizing its structural peculiarities and teasing out the meanings suggested thereby. The five chapters that follow compare salient aspects of the two poems: their divergent proems, what they say about the origins of humankind, their two versions of the Prometheus story, the presentation of gods in Works and Days and men in Theogony, and finally each poem's treatment of what Clay terms "hybrids" (monsters and heroes, both being of mixed birth) in a chapter that includes substantial discussion of the Hesiodic Catalogues. A brief conclusion, focusing on the ancient theme of a contest between Hesiod and Homer, argues that Hesiodic poetry makes a claim to broader knowledge and scope than Homeric.A conspicuous and valuable characteristic of Clay's approach is her insistence on treating both texts in their entirety. Each poem is reviewed in linear sequence in the two introductory chapters, with an eye to its "intratextual" content—especially the relation of digressions to the structural backbone. The Theogony's basic structure is obviously genealogical, but its narrative digressions come at unpredictable junctures, some of them (such... (shrink)

According to Ibn Khaldūn, man is a social entity deeply influenced by the geo-economics-politics of the environment in which he lives. The effect is seen as so strong that nearly all of these structures in their relationship to human beings are dominated by it. In this system, we see human beings as a creature who is both able to adapt himself to the environment and able to evolve in this harmony. From the perspective of Ibn Khaldūn, man cannot be (...) evaluated or defined separately from the environmental conditions, the technique and architecture he has developed. Ibn Khaldūn sees the primary source of this change to be the desire to make life both more prosperous and bearable. Therefore, the most natural motivations that affect man’s desire to alter the natural world are the environmental challenges that he encounters. The challenges that are imposed upon man in the natural world are those that have led to human progress. From badāwa (nomadic society) to ḥaḍāra (sedentary society) and so to the ceaseless drive of human progress that has served to make life more endurable, every effort in this sense leads to a physical and moral loosening as the incessant struggle to survive that defines human existence is made more bearable. Physical slack by breaking the resistance of man to resist the environmental conditions; and moral looseness by making man more vulnerable to the temptation of desires, pleasures and welfare that are the cause of moral dilemmas. Ibn Khaldūn’s moral thought with its social, political, and other fields of application are all contexts that enable an understanding of the devaluation of money-hedonist morality in all ways. This article aims to analyze the social, political and economic dilemmas and challenges that the capitalist, consumption-based money-hedonist morality (obesity, social media addiction, consumption, and moral devaluation in the face of financial, virtual and imagined valuations, etc.) from the perspective of Ibn Khaldūn. Summary: Man is endowed with both good and evil. Ibn Khaldūn notes that man tends to misuse these two orientations with a higher inclination towards evil, and that social conditions have an effect on this. He sees another characteristic of man, that they develop habits; accordingly, man is the child of his habits. Habits are second nature to man and affects all of his perceptions, particularly notions concerning truth. At the same time, human beings are under the constant influence of both habits, culture, and climate and geography; and all of these together affect our ethics, psychology and characteristics. Thus, man is a historical, social being that is changed, transformed and determined by adapting to these cultural, social, political and ecological conditions. The concept of Money-Hedonism is one that we have created by combining the terms monetarism, an economic concept, and hedonism, a concept in moral philosophy; the resulting term we seek to produce essentially translates as the adoration of Money. As is well known, hedonism refers to a philosophy of life that has its origins in the ancient Greek world which sees the purpose of life as one in which the pursuit of pleasure is the highest good. Whereas, Monetarism is an American-based economic view developed by Milton Friedman in 1970, linking all the balance in the economy to the supply and demand of money. According to this, the demand for money is operation, precaution and motives of speculation of individuals the amount of money they want to keep in cash on them. The power of an exchange tool increases with the amount and quality of what it is achievable in its utilization. In this respect, money has been an unprecedented source of power in modern society as a means by which change can be achieved. The increase in the power of money as an effective means as manifesting power has led to a socio-cultural and socio-economic superstructure around this power. In the life of an individual that is part of such a culture and is unable to isolate himself from the economy in which he lives, the values that can be expressed with money are consequently formed. In this structure, since the measure of life is money, money determines the quality of human life and human pleasure to a far greater degree than at any time in history. Thus, those living in this age have developed a new moral philosophy of value formed by the combination of these two concepts (monetarism and hedonism), which we have defined as Money-Hedonism. The money-hedonist individual is one that is in love with money, the joy of having it, the pleasure of using it, who desires it with immeasurable passion and ambition and is willing to use all legitimate and illegitimate methods of obtaining it. The most prominent characteristics of this type of individual is egoism, a desire to possess, hatred and mistrust. Ibn Khaldūn argues that the inhabitants of a city that live a settled life and who are living in the city have become economically prosperous and absorbed by consumption and pleasure, and, consequently morally degenerate as a result of the abuse of their evil nature. As can be understood from Ibn Khaldūn’s explanations, the basic element that determines the transition of people from the badāwi way of life to ḥaḍāri (settled) is the change in the livelihoods and related needs. He perceives this change as progressing from necessity to luxury, and, with this change, ethical concern in the nature of people being replaced by aesthetic care. In this way, since aesthetic concern reveals the dissatisfaction of the human self, man always pursues what is perceived to be better and more beautiful, and therefore he easily tends to any malignancy that may disrupt his religious and worldly peace. The ḥaḍāra community of Ibn Khaldūn versus the badāwa represent a modern society with a much more heterogeneous population, with a significant increase in lifestyle diversity along with urbanization. However, the determinative effect of the relationship with nature or the way in which society engage in economic activities have not changed. While modern people are urbanized, they are also heterogeneously shaped by psycho-social necessities demanded by urbanization. Man has created a new socio-psychological condition that not only affects the socio-economic but the way of forming a relationship through the accelerated development of new communication methods, facilitating access to information, and the opening of new methods of communication field between institutions. While man’s connection to nature has become disconnected, he no longer perceives himself as human being in nature but as a human within the city, the individual urban life and the law define this perception. The rupture from nature has created an inevitable result of alienation to nature as well as the estrangement of man with his own nature. The liberal policies adopted with capitalism have encouraged competition and free entrepreneurship. In the time that Ibn Khaldūn lived, man who created himself with his struggle in the nature brings himself / herself into the economic structure of competition in the modern period. Unlike in more traditional societies of the past, the modern way of life not only expresses itself in our new way of life and moral values, but also by statistical values. The exploitative and mathematical world, which forms the current economic science, shapes the socio-economic and socio-psychological structure of modern man. It is understood that the life brought by luxury renders the dynamic, subjective, disciplined sense of morality dysfunctional by destroying the moral values of man, particularly by reducing their feeling of shame. As a result, while the world of value of money-hedonism is solid, materialistic and cold; man in trying to exist in this world of value carries a flexible, spiritual and emotional nature. As such, human beings are pushed into social anomaly situations such as a constant conflict, dilemma, suicide, insecurity and solitude in this world of value. (shrink)

My dissertation, “Love, Self-Constitution, and Practical Necessity,” offers an interpretation of love between people. Love is puzzling because it appears to involve essentially both rational and non-rational phenomena. We are accountable to those we love, so love seems to participate in forms of necessity, commitment, and expectation, which are associated with morality. But non-rational attitudes—forms of desire, attraction, and feeling—are also central to love. Consequently, love is not obviously based in rationality or inclination. In contrast to (...) views that attempt to fit love into existing models of practical reasoning, I argue that love participates in a unique form of practical necessity, different from both moral and psychological necessity, yet bearing resemblances to each. Distinctive to this type of practical necessity is a direct appeal to another particular person that cannot be delivered in third-personal terms—that is, a non-moral yet normative type of expectation on another person. This type of expectation is predominant in loving relationships, but can also make better sense of the experiences of humor and beauty, as well as attitudes like forgiveness, gratitude, and agent-regret. I treat Immanuel Kant’s discussion of the experience of beauty in the Critique of Judgment and Christine Korsgaard’s work on self-constitution as fruitful starting points for this account of love. I conclude that our loving relationships enable us to have distinctive personal selves, and provide support for this account of love by offering a complementary theory of grief. In Part One of the dissertation, I focus on two prominent approaches to love characteristic of the sentimentalist and rationalist traditions. I begin with the work of David Hume, which treats desire (understood as something like a simple impulse or craving) as the paradigmatic mental state, and emphasizes our personal and affective dimensions. Hume has the valuable insight that loving someone affects our sense of ourselves. But Hume’s view becomes unsatisfying when he claims that love is essentially enfeebling, implying that to love is to be passive toward and readily overcome by another person. While this indicates Hume’s awareness that love involves being open and receptive to another person, the problem is that love is also a demanding attitude. Hume lacks the conceptual resources to offer a nuanced view of the self, in which we can—with one attitude—be both demanding of and vulnerable to another person. Hume’s model of a desire-based deliberative process has recently been revived in Harry Frankfurt’s discussions on love and rationality. Frankfurt, however, goes beyond Hume’s picture of the self by introducing a notion of “identification,” which he offers to make sense of our apparent ability to commit ourselves decisively to certain projects or people. I argue that active powers like identification and commitment cannot be accommodated within any basically Humean moral psychology. Such abilities, and with them the possibility of love, depend on something closer to a Kantian conception of rational agency. I next focus on the work of Kant, who provides the substantial counterpart to Humean-inspired moral theories, but is not known for his insight into our emotional lives. In the Metaphysics of Morals, Kant divides love into “practical love”—what we experience when we are morally motivated to help someone—and “pathological love”—what we experience when we feel fond of something. But in reality, we experience love neither as a mere preference for another person, nor as something that generates the kind of demands that would be binding on any rational creature. David Velleman attempts to remedy the deficiency of Kant’s dichotomy. Velleman offers a Kantian theory in which he describes love and respect as two ends of a continuum of attitudes that it is morally appropriate to have toward people. Velleman’s view has the peculiar implication that everyone deserves the love of everyone else, and I argue that this is a fatal flaw. Like Kant and Velleman, Korsgaard characterizes personal love as involving the treatment of other people as Kantian ends-in-themselves to a heightened degree. Korsgaard, though, also contends that our individual identities depend upon our personal relationships, and I take this position seriously for the remainder of the dissertation. Ultimately, however, characterizations of loving relations as subsets of moral relations can account for the authority of the demands of love, but not its particularity. The major conclusion of Part One is that any attempt to understand love primarily on a model of practical reasoning with which we are already familiar is doomed to fail. Our experience of love calls for a theory of a unique type of practical necessity. In Part Two I take seriously the possibility that love is simultaneously inescapable (in something like the way morality is supposed to be), and yet ineluctably personal. In love, we experience an engagement with a person as essentially particular, rather than as an instance of a rational agent in general. To make sense of this direct attachment to an individual, I argue that love involves distinctive forms of expectation and disappointment. When those we love let us down, they hurt our feelings, which is not a response to a failed prediction, but nor is it a reaction to a moral insult or offense. According to Peter Strawson and Stephen Darwall, second-personal moral reactive attitudes (such as resentment) always have third-personal analogues (such as indignation). In contrast, I argue that the type of hurt feelings associated with love is a second-personal reactive attitude that does not have a third-personal corollary. I take this as evidence that the expectations involved in love are not objective in the way that the moral is objective. Nor, however, is love a matter of mere preference. On my interpretation, Kant introduces this different type of expectation in the Critique of Judgment. Whereas he characterizes moral judgments as universally communicable, judgments of beauty implicitly involve only second-personal address: I appeal to your direct experience with a particular object. This provides the conceptual space for an account of love according to which it involves a uniquely second-personal form of practical necessity. I contend that the second-personal addresses we make in love are appeals to strengthen the intimacy implicit in the loving relationship, and I identify three interrelated dimensions of that intimacy. First, those we love have the standing to interpret us in a constitutive manner. We fine-tune and make determinate the character of our concerns and interests in part by accepting the interpretations provided by those we love. In that way, the people we love have the normative power to constitute who we are. Second, we share a perspective with those we love in a way that is not reducible to or derivative of our independent perspectives. Loving someone centrally involves the activity of forming concerns together, and we do this in a mode best understood on the model of playing a spontaneous game or improvising music. Finally, being loved enables us to see ourselves as distinctive and special, because the concern those who love us have for us does not track the objective merit of our characteristics. These dimensions of the intimacy that characterizes a loving relationship reveal what it is that we appeal for in love, and how we are hurt when our appeals are rebuffed. In broad terms, this dissertation advocates the recognition of a non-moral yet normative type of expectation, which is predominant in loving relationships. Humor and beauty, too, make more sense when understood in terms of this non-moral yet normative type of expectation, as they involve appeals to others that are more than mere predictions of, but less than rational demands for, a certain kind of response. Introducing this alternative notion of expectation into the discourse of moral philosophy can shed light on other common attitudes that are clearly normative, but defy translation into objective, third-personal terms. Such attitudes include certain experiences of pride and shame, apology and forgiveness, the bestowing of mercy, gratitude, agent-regret, and perhaps a basic sense of trust we have in others. Ultimately, I situate love in respect to grief, which demonstrates my theory’s ability to make sense of related dimensions of our emotional lives. The people we love and grieve over give us a sense of who we are as distinctive, particular individuals, as the three interrelated dimensions of intimacy in loving relationships reveal. Consequently, grief is best understood as a type of practical disorientation—namely, a disorientation that involves the loss of the personal self. I present my account of grief against the type of account that would draw philosophical conclusions about the nature of love and grief from empirical psychological data alone. In particular, these data indicate that we recover quickly from the deaths of loved ones, and Dan Moller draws the philosophical conclusion that those we love fulfill certain roles in our lives and are replaceable. In contrast, I contend that while we should acknowledge the truth of the objective judgment, made in the third-person, that we will likely recover after the deaths of those we love, it does not follow that we must affirm such a claim from the internal perspective of one person who loves another. As a result, the case of love and grief supports a general claim concerning the proper work of moral philosophy, which is that the understanding of ourselves gained through empirical data is not a substitute for the normative conclusions that are revealed through first-personal reflections on our relationships. (shrink)

Marxist philosophers are increasingly beginning to elaborate a philosophical axiology of their own, to articulate the meaning of socialism in axiological terms. Traditionally, Marxist doctrine has been very eager to present socialism and its motivation as a matter of scientific prediction rather than in terms of value judgments, wishes, or the proclamation of ideals. A more accurate analysis, however, shows that the Marxist undertanding of human social practice presupposes some active striving in relation to which all objects and circumstances of (...) human life receive a positive or negative meaning. It is just this practical relation of human subjects to their world (and of their world to them) that is conceptually grasped by the notion of value.From the theoretical point of view, Marxist axiology is not oriented towards some “realm of values” all values and value relations are understood strictly in anthropological terms as components of human and social practice, as some particular aspects which objects and circumstances assume in relation to actively striving beings and their qualitatively determined self-affirmation on a definite historical level. Marxist axiology presents itself both as a theoretical analysis of these value qualities and relations, and at the same time as a doctrine of practical involvement whose aim is to clarify and strengthen the socialist value consciousness.The basis of all these value relations lies in the system of human needs. According to Marxism, this system proves to be multi-dimensional, encompassing as its fundament the complex of “material needs” which are to be satisfied through work. But equally important and urgent for human beings are those needs and requirements in relation to which all social relations are characterized as being “worthy” or “unworthy” of man (such judgments being in accordance with some historical standard of claims). Finally, there are also those peculiar needs basic to the “aesthetic” qualities of objects as well as to the free (not imposed by natural or social necessities) and “purposeless” activities of human play and self-realization. The desideratum of socialism is to bring about a harmoniously proportioned synthesis in the satisfaction of the totality of human needs for the totality of human beings. Socialism is not only necessary and predictable in a scientific sense but also valuable and desirable for people.Several Marxist (and especially Soviet) authors have worked out the outlines of a Marxist philosophical axiology (V. P. Tugarinov, O. M. Bakuradze, V. A. Vasilenko and others). The opponents of such an enterprise (O. G. Drobnickij and others) have more or less radically contested the value and legitimacy of such a theory of value, for they consider value consciousness as a part of a pre-scientific way of thought. On the theoretical level the abstract specification of such value relationships constitute an artificial separation of the theoretical-practical unity and totality of human relations to the world.The author finds these objections not convincing because the danger of hypostatizing and isolating the “values”, of presenting them as some kind of substantial eternal entities, can fully be overcome by anthropological integration and sociological concretization of the “value aspect”. In a Marxist “philosophy of practice” something is not valuable in itself but is either positively or negatively significant for human beings. Certainly this development of axiology in Marxism is an attempt to set up a counterweight to the traditional scientific objectivism of the Marxist doctrine by confirming the right of people to judge and act “subjectively” on certain issues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 28.2 (2004) 324-341 [Access article in PDF] Charles Lamb: Professor of Indifference Tim Milnes University of Edinburgh Nothing puzzles me more than time and space, and yet nothing puzzles me less, for I never think about them.1 I The name of Charles Lamb—essayist, poet, and notorious punster—does not loom large in studies of the philosophy of the English Romantics. The reasons for this initially (...) unsurprising fact range from the personal and obvious to the cultural and curious. Tied for most of his adult life to a clerk's desk at the East India Company, and to the care of his mentally ill sister at home, Lamb was rarely permitted the leisure even to dally in the expansive visionary landscapes explored in the epic works of consciousness of his friends Samuel Taylor Coleridge, William Wordsworth and Robert Southey. And yet, as the 1810 quip to Manning recorded above suggests, his reluctance to engage with philosophy is not merely attributable to the straitened life of the journeyman scribe. Such a remark is quite typical of Lamb's conscious attempt, in the face of a culture increasingly driven by the dissemination of knowledge, to cultivate an imaginative space the reverse of the knowing or "philosophical." It is this attitude that makes him more, not less, interesting alike for the intellectual historian and the philosopher.Lamb's avowed carelessness about matters philosophical is as familiar to his readers as the persona of "Elia" adopted for the essays he wrote for the London Magazine in the early 1820s. It is also just as beguiling and intriguing. Lamb's resistance to philosophy and his epistemic insouciance both trade on the suggestion that the desirable mind is the [End Page 324] ironic mind, reflecting—or, perhaps, refracting—a transitional and forever "imperfect" subjectivity. Correspondingly, his essays frequently invoke figures of liminality, of being in two or more states at once: whether between dreams and consciousness in "Witches, and other Night Fears" (1821); past and present in "Distant Correspondents" (1822); truth and lies in "Imperfect Sympathies" (1821); or literal and figurative selves in the imponderable relationship between "Lamb" of "On Christ's Hospital" (1813) and "Elia" of "Christ's Hospital Five and Thirty Years Ago" (1820).2 Moreover, this self-styled figure of the writer as always between alternate and often contrary conditions, beliefs and identities—what Lamb termed his "bi-parted nature"—has itself become a stock descriptor among Lamb's commentators.3 It is not difficult, for example, to detect its presence in Coleridge's portrayal of his friend as "one hovering between earth and heaven,"4 as well as De Quincey's depiction of a sleeping Lamb as "the image of repose midway between life and death, like the repose of a sculpture."5 More recently, it has shaped Jane Aaron's exploration of his proclaimed "double singleness"6 and Seamus Perry's characterisation of his "borderland," "serious-non-seriousness."7Understandably, critics of a certain bent have sought to link these features of Lamb's work, arguing that the centrifugal properties of his writing display an aversion to categorical "difference" that is directly related to his suspicion of the dualisms of systematic belief-systems. Gerald Monsman, for example, argues that insofar as Lamb's essays undermine "all transcendental reconciliations or definitive closures," they "appear to be sly critiques of the central dogmas of romanticism."8 However, to class Lamb's writing as radically decentred or self-deconstructing is to miss the profound nostalgia it evinces at critical moments for a neutral ground and a sense of belonging. Lamb's indifference to knowledge, and to philosophy as the pursuit of certain knowledge, is constantly challenged by his fear of imaginative dissolution. Correspondingly, Lamb/Elia's indifferent location between the real and the fictive never quite manages completely to repress the desire for truth. And yet, "indifference," quite apart from being a term that both fascinated and repelled Lamb himself, aptly characterises both his attitude to philosophy and knowledge on one hand, and the liminal properties of his prose on the other. Freud provides a... (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

This piece, included in the drift special issue of continent., was created as one step in a thread of inquiry. While each of the contributions to drift stand on their own, the project was an attempt to follow a line of theoretical inquiry as it passed through time and the postal service from October 2012 until May 2013. This issue hosts two threads: between space & place and between intention & attention. The editors recommend that to experience the drifiting thought (...) that attention be paid to the contributions as they entered into conversation one after another. This particular piece is from the BETWEEN SPACE & PLACE thread: April Vannini, Those Between the Common * Laura Dean & Jesse McClelland, Ballard: A Portrait of Placemaking * Amara Hark Weber, Crossroad * Isaac Linder & Berit Soli-Holt, The Call of the Wild: Terror Modulations * Ashley D. Hairston, Momma taught us to keep a clean house * Sean Smith, The Garage * * * * Instead of beginning with radical doubt, we start from naiveté. —Graham Harman, The Quadruple Object Deep in the forest a call was sounding, and as often as he heard this call, mysteriously thrilling and luring, he felt compelled to turn his back upon the fire and the beaten earth around it, and to plunge into the forest, and on and on, he knew not where or why; nor did he wonder where or why, the call sounding imperiously, deep in the forest. —Jack London, The Call of the Wild The figure of the feral remains a perpetual enigma, but the parameters remain relatively consistent. A person, usually a child, enters civilization after having been raised by wolves or kept in some kind of cruel captivity. The outsider perspective on domestication ensuing in an edge of a culture's self-recognition of its clumsier attributes, what has been taken for granted becomes apparent, is brought to the foreground with the stranger and made questionable. Amusement follows naïve questions or observations such as Kaspar Hauser in the Herzog film, The Enigma of Kaspar Hauser, when Kaspar notes that while in his room he is engulfed by it, but when he looks at the tower he can turn away and it disappears. Ergo, the room is larger than the tower. How entertaining. The aberrant one destabilizes the comforting cultural normative. Places become seen as mere impressions out of space, a patterning, a rut that not everyone lives in like us. This is one figure of the feral. The naiveté that begs all the questions. As a figure for a certain philosophical disposition, the rapidity of one’s saccade scans the environment, intuits it’s space, not from an initial thaumazein or a Critchlean sense of disappointment, but from a child-like naiveté bent on survival. To serve the naïve is merely one form of critique, and it is not nearly used enough in lieu of the critique that provides answers. How dull. It is not necessary to be an outsider to entrench a critique with naiveté. After having forced to suffer in the most parched and rocky terror, itself for so long rooted upwards of fifty feet into the ground upon which it grows, even a grapevine can spontaneously produce a white grape on a red vine. The curious feral can arise from within, and like pinot grigio, it adds variety without admonishing its roots. There is also the feral dog. Not raised by wolves, but humans. Founded in place the figure of this feral denies this place. The trajectory of this feral roves from the cultivated to uncultivated, or in speaking of plants from controlled to volunteer, finding the necessary nutrients and survival patterns on its own. Finding other places, reaching out into space testing its fertility. And when introduced into a foreign environment, it withers or flourishes. We would like to attempt a thesis at this juncture and to accept neither feral figure in its entirety, but to argue for the intimate conjunction between a cultivated place and its resonance with the space it procures for its nest and kin. I'm not a biter, I'm a writer for myself and others. —Jay-Z, What More Can I Say? I am writing for myself and strangers. This is the only way that I can do it. Everybody is a real one to me, everybody is like some one else too to me. No one of them that I know can want to know it and so I write for myself and strangers. —Gertrude Stein, The Making of Americans There is no subjective disposition outlining an unambiguous individual of the para-academy. There is no para-academic. We all have day jobs. 'Para-academic' seeped through the cracks as an adjective in the call to frame publishing dedicated to the critical rigor expected by academic publishing, but to deny the limitations of guarded legitimation through capital means. Open-access holds hands with this parasitic descriptor. Para-academic publishing's refusal to adhere to the valuation of locked access of a site, the site “of a desperate initiation to the empty form of value,” 1 seeks to recognize not merely an inclusive interpretation of significance, but the significance of thinking practice. The practice inside the paywalls of academic 'education' is held in a deathgrip by its infatuation with value and information, both empty without the apprehension of human experience, the barbaric yawp. “I can't breathe in here.” It is not that a para-academic practice leads one to the childish wonder of Kaspar Hauser who wonders about the spatiality of his room. It is the academic legitimation that distorts that one can hold the understanding of both in a constellation of place and space. Led to believe there is only a place for things, we are led to disillusionment. It is also not that a para-academic practice relinquishes itself to the invasive growth outside of careful cultivation, an abandonment of pleasantries for the toothy growl of a predator. It is the academy's fear that thought does not require capital to signify value. Some of the most nutritious meals can be foraged. Defining a para-academic practice is not outlining a place of accreditation of the practice, it is the recognition that any place is subject to modulation by the space it inhabits as well as creates. The para-academic practice keeps an eye of the creation of spaces, follows those paths that eat themselves in the name of academia. This is not unlike Red Peter's report to the academy, only successful if we report in idle idiosyncratic banalities that we have once again become victorious in our acculturation and nullification within the confines of accredited mush and our trajectory of wild rigor is defeated in our desire for recognition as recognizable in this place. Weeds are integral to the functioning of a large ecosystem. The manicured garden is entirely reliant on its keeper. The pansy can also go wild once neglected, the daisy definitely does.... a universe comes into being when a space is severed or taken apart. The skin of a living organism cuts off an outside from an inside. So does the circumference of a circle in a plane. By tracing the way we represent such a severance, we can begin to reconstruct, with an accuracy and coverage that appear almost uncanny, the basic forms underlying linguistic, mathematical, physical, and biological science, and can begin to see how the familiar laws of our own experience follow from the original act of severance. The act is itself already remembered, even if unconsciously, as our first attempt to distinguish different things in a world where, in the first place, the boundaries can be drawn anywhere we please. At this stage the universe cannot be distinguished from how we act upon it, and the world may seem like shifting sand beneath our feet. —George Spencer-Brown, Laws of Form Two edges are created: an obedient, conformist, plagiarizing edge, and another edge, mobile, blank, which is never anything but the site of its effect: the place where the death of language is glimpsed. These two edges, the compromise they bring about, are necessary. —Roland Barthes, The Pleasure of the Text Between these two epigraphs, interminable questions of where and questions of happening, gesture, and interface. To stay buoyed between a site of visible happening and haptic perspicacity. Bounded by one or the other leads to a desiccation of potential knowledge. The tumbleweed tumbles until met with mud, a bare structure moving but not movement. A tumbleweed tumbleweeds, propagates only at a place. It becomes significant again, continues. Significance, the site where meaning is made known through kinesthetic apprehension. 2 The feral founds a gestural horizon; an outsider’s scrawl-becoming-law; Deleuze teaching Meno’s dog geometry. Place as marked, outlined, recognized, territorialized. The academies marked by their peculiar disciplines, outlined by their rigid boundaries, recognized as factories of value. This far from ensures complete purchase on the space of thought, but it has made an undeniably elaborate means of making work significant. The academy is a muddy spot, it is fertile, but its gates are high and its dogs are barking. The coordinates of concept and experience. Already claimed by a stabilizing suspension, the terms enter specificity of ‘this is this’. Another correlation: activity and the individual. The individual, a placeholder in the crosshairs of juridical identification. Activity, what expands and surrounds this location, but utterly indebted to the node of “one who”. What's happening in this oscillation of nature and nurture is practice. Practice, as Stengers tells us “is not the activity of an individual or the product of that activity. It is the ingredient without which neither that activity nor this product would exist as such.” 3 Moving outward from our own honing, we're curious about the ingredient creating the place for holding conceptual and experiential engagements in each hand. And we'd like to argue that this place is not a limiting specification, but a practice undulating daily, by the minute. And we call this practice the para-academic practice. I repeat: there was no attraction for me in imitating human beings; I imitated them because I needed a way out, and for no other reason. —Franz Kafka, A Report to an Academy In order to exist, man must rebel, but rebellion must respect the limit it discovers in itself—a limit where minds meet and, in meeting, begin to exist. — Albert Camus, The Rebel Anyone is a para-academic or practicer of such means. The academic can, and we argue should, be active para-academically, to escape the bounds, recognizing no site specific place as a place to rest on or the place to grab the Kafka's top and wonder at its disobedience not to continue. Yet, the para-academic practice must maintain the desire for rigor in scholarship. Indeed desiring past itself to claim a more naïve rigor, one that does not take its form for granted. Without a para-academic practice, the scholar spends half the time merely working on behalf of a hierarchy, to maintain it, and the other measly amounts of time are in the name of thinking, but only in name. Not to mention the amount of debt it takes to attend the halls of higher education. Not to mention the snoring tenures. Not to mention the barely scraping by adjuncts. Not to mention the materials that shake the very force of producible theory. Not to mention when swimming in texts becomes slogging through data. Academia is a barbaric food chain and it is our claim that there is, as always, an imperative for thought to move, with Heidegger, beyond the logics of calculation and planning, to a time of its own. The path, into the panic of the dark wood of this space can be followed by any; any who let the silence and the rigor enter the play. Where the little theater is larger when inhabited ; where the data of the tutor asymptotically refutes; and where, as much as one wouldn’t expect it here, ballet may turn out to be the most feral of forms… NOTES Jean Baudrillard, “Value's Last Tango” Simulacra and Simulation trans. Sheila Faria Glaser,. “What is significance? It is meaning, insofar as it is sensually produced.” Roland Barthes in The Pleasure of the Text. Isabelle Stengers, “The Science Wars” Cosmopolitics I trans. Robert Bononno, 47. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Limit Formations:Violence, Philosophy, RhetoricOmedi Ochieng For Megha Sharma SehdevNow days are dragon-ridden, the nightmareRides upon sleep: a drunken soldieryCan leave the mother, murdered at her door,To crawl in her own blood, and go scot-free;The night can sweat with terror as beforeWe pieced our thoughts into philosophy,And planned to bring the world under a rule,Who are but weasels fighting in a hole.—W. B. Yeats, "Nineteen Hundred and Nineteen"Violence is a (...) limit formation. It is neither reducible to a brute fact nor is it ineffably ethereal. To write about violence, then, is to confront—if only as disavowed remainder—critical limits, no less of the writer than of the writing itself. Fewer subjects have proven as confounding for philosophy and rhetoric, this journal's primary charge. In both its general particulars and its specific manifolds, violence nonpluses philosophical commonplaces, upends rhetorical tropologies.Philosophy imagines itself mediator to reality's arche, the bedrock of being. Ancient Greek philosophy sought to distinguish necessity from contingency, essence from accident, dialectic from rhetoric, logic from fallacy. Those who took up this intellectual tradition came to conceptualize violence as first and foremost a question of "nature"—more specifically, those marked out by nature to rule (propertied male citizens) and those marked [End Page 330] out by nature for subjection (the enslaved, women, nonhuman animals). In the early modern context of European philosophy, still, despite its pretensions, deeply indebted to this Mediterranean legacy, the canonical lexicon of sensemaking centered on legitimacy and its conceptual appurtenances of sovereignty, will, and rights.Strikingly, it is in the opposed registers of analytic and continental philosophy that violence's cataphilosophic figuration appears most salient. Consider, for example, one such famous symposium convened in the analytic journal Philosophy and Public Affairs, as narrated by political philosopher Michael Walzer:In an earlier issue of Philosophy & Public Affairs there appeared a symposium on the rules of war which was actually (or at least more importantly) a symposium on another topic. The actual topic was whether or not a man can ever face, or ever has to face, a moral dilemma, a situation where he must choose between two courses of action both of which it would be wrong for him to undertake. Thomas Nagel worriedly suggested that this could happen and that it did happen whenever someone was forced to choose between upholding an important moral principle and avoiding some looming disaster. R. B. Brandt argued that it could not possibly happen, for there were guidelines we might follow and calculations we might go through which would necessarily yield the conclusion that one or the other course of action was the right one to undertake in the circumstances (or that it did not matter which we undertook). R. M. Hare explained how it was that someone might wrongly suppose that he was faced with a moral dilemma: sometimes, he suggested, the precepts and principles of an ordinary man, the products of his moral education, come into conflict with injunctions developed at a higher level of moral discourse. But this conflict is, or ought to be, resolved at the higher level; there is no real dilemma.(1973, 160–61)Analytic political philosophy's resolute disavowals could not be here better splayed. Morality is construed as all-encompassing. The political is not so much effaced as it is rendered derivative to a foundational drama of will, obligation, choice. Analytic philosophy's oft-preened claim to clear, transparent, terse style proves constitutive of its desire to contain, if it cannot altogether moralize away violence. [End Page 331]Where analytic philosophy conceives of violence as an object, its limits defined by morality's handmaiden, the "well-ordered society" (Rawls 2001, 8), continental philosophy conjures a sublime violence that shatters and transfigures normative violence. Walter Benjamin posits a binary opposition between mythical and divine violence: "If mythical violence is lawmaking, divine violence is law-destroying; if the former sets boundaries, the latter boundlessly destroys them; if mythical violence brings at once guilt and retribution, divine power only expiates, if the former threatens, the latter strikes, if the former is bloody, the latter is lethal without spilling... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.4 (1999) 20-39 [Access article in PDF] Anderson and the Novel Jonathan Culler 1 Benedict Anderson's Imagined Communities: Reflections on the Origins and Spread of Nationalism has, in the past decade, become a classic of the humanities and social sciences. Any theoretically savvy discussion of nations or of societies of any sort must cite it for its fundamental insight that nations and, as Anderson points out, "all communities (...) larger than primordial villages of face-to-face contact (and perhaps even these) are imagined" [6]. In retrospect, it seems obvious that nationality, nationness, and nationalism "are cultural artifacts of a particular kind" [4], but this had previously been obscured by intellectuals' sense that nationalism was above all an atavistic passion, an often noxious prejudice of the unenlightened. Imagined Communities both argued that we had better seek to understand it, since "nation-ness is the most universally legitimate value in the political life of our time" [3], and gave us a constructivist way of thinking about the phenomenon of nationalism, which becomes more interesting and intellectually more acceptable when we ask how it is created, what discursive, imaginative activities bring particular nationalisms into being and give them their distinctive form. When nationalism was vulgar passion provoked by empirically occurring nations, it was vulnerable to the objection implicitly or explicitly mounted against it: why should I feel more affinity with people who happen to inhabit the country I live in than with others, more like-minded, who happen to have been born in other nations? Anderson neatly turned the tables on us by taking this as a serious question. Why indeed do we feel such affinities? How to explain the fact that people are more willing to make great sacrifices for others of the same nation whom they have never met (and whom they might dislike if they did) than for worthy and unfortunate people elsewhere?Read today, the introduction to Imagined Communities has the rightness and efficiency of a classic ("why hadn't anyone realized this before?"), as it guides us into the paradoxes of the modern world of nationalism: nations are objectively recent but subjectively antique, even eternal; nations may be messianic, but no nation's citizens imagine that everyone should eventually join their nation. Already here Anderson displays what I take to be the key to his appeal to the nonspecialist: his ability concretely to show us the strangeness of the familiar by judicious comparisons. Try to imagine a "Tomb of the Unknown Marxist or a Cenotaph for fallen Liberals," he suggests. But a Tomb of the Unknown Soldier does not seem risible. Why? "Many different nations have such tombs without feeling any need to specify the nationality of their absent occupants. What else could they be but Germans, American, Argentinians...?" [10]. We are in a sentence or two brought to appreciate the necessity of accounting for a social and cultural phenomenon that comparison and humor highlight.The second edition of Imagined Communities demonstrates, in a compelling if serendipitous way, just how much we need Anderson to provide such insights, as it takes up what he and his readers had failed to notice in the first edition. There he had quoted Ernest Renan remarking "in his suavely backhanded way," "Or l'essence d'une nation est que tous les individus aient beaucoup de choses en commun, et aussi que tous [End Page 20] aient oubliés bien des choses [in fact the essence of a nation is that all the individuals have many things in common and also that they have all forgotten many things]," with a footnote continuing the quotation: "tout citoyen français doit avoir oublié la Saint-Barthélemy, les massacres du Midi au XIIIe siècle [every French citizen must have forgotten Saint Bartholomew's, the Provence massacres in the thirteenth century]" [6]. In the preface to the second edition Anderson notes, "I had quoted Renan without the slightest understanding of what he had actually said: I had taken as something easily ironical what was in fact utterly bizarre" [xiv]. He calls this a "humiliating recognition" [xiv], which led him to write... (shrink)

Place mouse over image continent. 2.1 (2012): 36–39. From an ethical and political perspective, people and property can hardly be separated. Indeed, the modern political subject – that is, the individual, the person, the self, the autonomous actor, the rational self-interest maximizer, etc. – has taken shape in and through the elaboration, institutionalization, and enactment of that which rightfully belongs to it. This thread can be traced back perhaps most directly to Locke’s notion that the origin of the political state (...) occurs when people rise above the state of nature by ceding the power to prosecute offenses. The rule of law begins then with a defense of the right to property. People become subjects by adhering to the social contract, which they do by deferring the defense of their own property to the state. In this light, the response of the United States federal government to the financial crisis of 2008 appears to many as a breach of the social contract. The chant “banks got bailed out, we got sold out” states the claim plainly. Why exactly did some subjects (e.g., the banks) have their property defended by the state (i.e., through the variety of programs including TARP, the discount window at the US Federal Reserve, etc.), when other subjects (e.g., homeowners) found themselves without protection of their property rights, forced to default on mortgage debts and face dispossession? Even if the rhetoric about “too big to fail” can be believed, and the collapse of the financial system would lead to negative consequences for people who had little or no connection to the activities that brought it about, such consequences need not call into question the notion that everyone stands equally before the law. To occupy, then, appears as a form of civil disobedience, an intentional, retaliatory breach of the social contract by those who feel that they have lost the support of the state to which they ceded their power as sovereign agents. The visible and the invisible The violation of property rights of people who have recognition, protection and power under the law destabilizes their very status as citizens and tests the limit of democracy. Does the financial system force the dematerialized victimization of individuals? Do people become numbers, or worse still, percentages of unemployed, tranches of defaulted mortgages and foreclosures? Are they perhaps instead disenfranchised prospectively from the privileged position occupied by virtual entities and actors such as those involved in the derivatives markets, always already exiled back into the physical, visible realm? The line of conflict appears to be drawn between invisibility/absence/deferral and visibility/presence/realization. The demonstrators occupy an excess property of those subjects, namely, the banks and financial elite, who did receive recognition and protection under the law. By domesticating this excess property, rendering its invisibility visible within the political economy, the protesters raise a new form of threat to the hegemonic order. To occupy, then, involves a rejection of the order under which the “99%” have been subjected to erasure. The occupation seeks creatively to establish a new means of communication and law for its subjects. In the face of an existing power structure that is increasingly disenfranchising the majority of people while consolidating nodes of power and influence, the “occupation”, or the work of the Occupy movement, involves seizing a space that refuses the rules of the existing, allegedly corrupt sovereign state. This refusal of governance extends even to include a steadfast refusal to articulate a strategy, to formulate a list of demands, to converse with the sovereign power on the grounds of its own conventions, to put forth a leader, to resolve the ambiguity of the movement into a discreet identity, face, or voice. Do these tactics provide a resolution to the problem that was its genesis? Not in such a direct and easily resolved manner, but it remains difficult to imagine a direct and simple resolution to the problematic of the breach of the social contract. The ambiguity of the situation has generated significant interest within the broader populace, though many people sympathetic to the cause appear to be frustrated because the movement has not simply put forward a short list of concrete demands, or even a set of leaders and spokespeople, much less a resolution. And yet, this lack of coherence appears as a resolution of a problem generic to protest movements in the past, where individual leaders can be removed or discredited, and lists of demands can be co-opted by others holding more political power. Meanwhile, the ambiguity has compelled imitations on a global scale, with the Occupy Wall Street participants consciously taking actions that can be replicated by anyone anywhere without significant cost. These actions have taken place not in a peripheral location such as a parking lot in New Jersey, but instead close to the centers of power and governance, adjacent to Wall Street, close to the White House, on college campuses, etc. This spontaneous archipelago of protests becomes an irritant, a negation of the accepted order of protests, but when the protesters themselves move outside of their encampments, they are escorted by the police, constantly monitored and maintained so that a permanent state of paranoid persecution takes hold. To occupy, occupying, occupation – these actions involve a variable degree of danger – are you willing to step into a different space, where the rule of law is unclear and evolving? Are you presenting yourself as a representative of the majority, the 99%? Who has a sense of belonging to the 99%? This previously invisible population becomes a focal point of political power, garners increasing public support, infects the public dialogue. The government recognizes this population by forcing it from the occupied space, removing the element of possession of property. It is at this point of conflict, in the struggle to hold the physical property, where the greatest friction and violence occurs. Scaling the rule of law While occupied, the property calls for a redress of grievances, a restoration of the rule of law. The Occupy movement does not select and put forward individuals or leaders, it puts forward places – the occupied property represents the point of conflict, not the individual. And it is this very property that the government then tries to reclaim. The movement remains faceless, anonymous, uncounted, or rather counted only as a mass, the self-labeled mass of 99%. These spaces are like refugee camps or favelas, but constructed to unite the political life and private life of the protesters. This objective is presented as a tactical necessity, as all other means of protest and communication have failed, leaving only the option of seizing, holding, occupying a property. But to what end, exactly? Can anyone deliberately return to the prior social contract, embrace, affirm, and govern in strict accordance with the earlier relationship to property, following the logic of Locke’s arguments? In this respect, the contemporary crisis indicates a new, transitional phase in the way that property operates, or rather, in the balance between real and virtual value. The roots of the crisis lay in the massive overvaluation of property caused by lax lending practices, as more people were encouraged to borrow more money, which drove up the prices of property. At the same time, these individual properties, these mortgages for homes actual families lived in and worked to support, were bundled into securities that could be bought, sold, and speculated on. The reduction of a physical house or piece of real estate to an almost incalculably small element in an investment vehicle appears as a scaling of the hedge that radically diminishes the value of any individually owned property. Moreover, a number of recently-innovated financial products allow investors to hedge in new ways, to deliberately spread risk around a portfolio in hopes of bringing returns even when the individual mortgage defaults. At the level of the ‘free’ market, these virtual negative valuations are designed to balance the physical positive valuation, though many of the biggest lenders are now being investigated for controlling both sides of this valuation, the positive and the negative, to facilitate both the creation and failure of the investments and to profit from both. The ability to benefit from both the negative and positive value of an investment is a result of a technologically enabled capacity to operate within a complex field. These layered and scaled investment vehicles and the simultaneous negation of their value together represent a commingling of the virtual and physical existence that is both complex and multiple. The valuation of a virtual property has tremendous power to change the valuation of the physical - either injecting it with or depriving it of funds, pumping in or draining life and energy. This situation has roots of its own – the notion of property advanced e.g., throughout the enclosure movement in Britain was, from the outset, an imposition of virtuality (i.e., the concept of law, the institutions associated with ownership, etc.) on the physical reality of land. 1 The difference today is that technological trading platforms combined with innovations within the financial services industry have enabled the reduction of each individual property receiving or losing value in scale to an almost atomic level. In turn, the number of properties held simultaneously and valued as a massive, multiple wholes – i.e., the derivatives market in mortgage-backed securities – is a new phenomenon made possible through the application of similar technologies and institutional structures. And those actors who can trade in these layers of complexity can then profit from the new phase of disassociation of the virtual and the physical – unconcerned with and operating at such a virtual distance from the individual residing physically on a particular piece of real estate that they no longer feel the tug of the physical tying them back to the physical, operating literally as in a video game, in a virtually distanced world. What can or should be done about this situation? Answers lie outside the scope of this current essay, but merit consideration in the near future… NOTE 1) Hernando de Soto has emphasized this dimension by empirically demonstrating its non-existence in many countries in The Mystery of Capital. (shrink)

The philosophy of “ human dignity” remains a young, piecemeal endeavor with only a small, dedicated literature. And what dedicated literature exists makes for a rather slapdash mix of substantive and formal metatheory. Worse, ironically we seem compelled to treat this existing theory both charitably and casually. For how can we definitively assess any of it? Existing suggestions about the general features of dignity are necessarily contentious in virtue of being more or less blissfully uncritical of themselves. Because (...) none of the suggested features are conscientiously situated in their own right, their justification is taken to rest solely on whether each is borne out by some substantive account. But absent the sort of second-order considerations that would make for a proper metatheory, what can we do with their substantive suggestions? Of course, the concept of dignity has other forums. It figures prominently into insular analyses of either Kantian or Biblical ethics, and, to various degrees, an array of subsidiary fields of practical philosophy including human rights, bioethics, law, theories of respect, race theory, Judaic studies, feminism, care ethics, war, technology, and political philosophy. Each of these areas has an established literature. Each contributes interesting observations to the nature of dignity. But, again, ultimately, without a proper metatheory, it is unclear what to do with any of them. My goal is to remedy this, or at least reverse the trend. In doing so I will have in view one particular subfield, namely, the ever-pressing subject of human rights. (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, but (...) instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- Two different traditions of morality in vi-v century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 3. Aristotle and practical philosophy. -/- Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. The various phases of Stoicism are described, and the shifting place that was given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torah (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was "the tool by which the world was built"; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous, but deeds are the inevitable effect of either faith or learning. The last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on the retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince, had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries, a war raged among theologians and philosophers, finally won by the former with the disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed too a few traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Tora and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. In this phase remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions, gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave pure nature incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too ambitious, and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Prima Secundae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on the Twofold Human Good: Reason and Human Happiness in Aquinas's Moral ScienceColleen McCluskeyDenis J. M. Bradley. Aquinas on the Twofold Human Good: Reason and Human Happiness in Aquinas's Moral Science. Washington, D. C.: The Catholic University of America Press, 1997. Pp. vii-xiv + 610.In this book, Bradley examines whether one can construct an autonomous Thomistic philosophical ethics from Thomas Aquinas's theologically flavored moral writings. In order (...) to answer this question, Bradley provides a comprehensive analysis not only of Aquinas's moral psychology, but also of the Aristotelian doctrines which to a certain extent provide its foundation. Bradley begins with a look at Aristotle's concept of a science, his notion of practical reasoning, and his accounts of deliberation, choice, and the ultimate end for human beings. Bradley also discusses Aquinas's interpretations of those theories and the extent to which Aquinas's views follow and diverge from Aristotle's writings. The metaphysical principles grounding the notions of a science, of being, and of goodness and their connections to Aquinas's ethics are noted and explained. In his discussion of the moral theory itself, Bradley frames his presentation around Aquinas's theory of action (especially its volitional aspects and the workings of practical reason) and the role of natural law, although the virtues are not neglected. Bradley's treatment throughout the book is meticulous (although in my view somewhat repetitive).The most interesting aspect of this book is Bradley's discussion of the paradoxical nature of Aquinas's ethical theory. As he notes, Aquinas's theory has a teleological orientation; his system is structured around the idea that human beings have a particular ultimate end. Aquinas argues that due to their nature, all human beings desire to attain their ultimate end. As is also well-known, Aquinas specifies that this end is the beatific vision and that only the vision of the divine essence is able to satisfy completely [End Page 118] all human desires. However, this end is not only inaccessible to human beings in this life, but one that they are unable to obtain without the aid of God's grace. But it follows from this that human beings have a natural desire that cannot be satisfied naturally, a paradoxical position, especially for an Aristotelian. For according to Bradley, Aquinas argues that although one can establish through philosophical arguments that human beings have a natural desire which only God can satisfy, no philosophical argument can establish that God, in fact, ever satisfies this desire. That God chooses to do so is a matter of faith and revelation. Thus, as far as philosophy is concerned, human beings may have been structured with an unsatisfiable desire. This violates an important Aristotelian notion about teleology, the idea that there can be no futile natural desire. The inability to satisfy a natural desire for an ultimate end renders a teleologically based system incoherent. It follows that. given his characterization of the ultimate end, a characterization that Aquinas thinks he can establish on philosophical grounds alone, his purely theological commitments are integral and necessary components of his moral system. Thus, Bradley's answer to the question he raises in the book is no, one cannot construct an autonomous Thomistic philosophical ethics from Aquinas's moral writings.In the process of arriving at this conclusion, Bradley critiques the work of two philosophers, Jacques Maritain and Santiago M. Ramirez, both of whom argue that a purely philosophical ethics can be built out of Aquinas's writings, although both maintain that Aquinas himself did not do so. Maritain and Ramirez take Thomistic philosophical ethics to retain basic Christian beliefs but to be established on the basis of natural reasoning processes alone, independently of revelation. Bradley raises a number of objections against their characterizations of Thomistic ethics, among them the worry that, ultimately, such philosophical systems are not truly independent of a theological ethics (pace Maritain) and the charge that Aquinas's characterizations of the supernatural nature of the human ultimate end is not taken seriously (Ramirez).Space permits only a cursory examination of some general concerns over Bradley's position. Bradley argues that what is fundamental to... (shrink)