L’idéologie sous-jacente à la théorie de l’État de Raymond Carré de Malberg et de Hans Kelsen est marquée par la délicate articulation entre le pouvoir, l’ordre et la liberté. Si la place accordée à la démocratie et aux libertés est résiduelle chez Carré de Malberg, elle ressort bien plus clairement chez Kelsen. Les deux auteurs restent néanmoins fortement imprégnés, dans la logique positiviste, par l’idée d’ordre (articulant unité et puissance) qui structure encore, en filigrane, nos systèmes juridiques contemporains.

Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. (...) "Whether one is dealing with the state, the Mafia, parents, pimps, police, or husbands," writes Brown, "the heavy price of institutionalized protection is always a measure of dependence and agreement to abide by the protector's rules." True democracy, she insists, requires sharing power, not regulation by it; freedom, not protection.Refusing any facile identification with one political position or another, Brown applies her argument to a panoply of topics, from the basis of litigiousness in political life to the appearance on the academic Left of themes of revenge and a thwarted will to power. These and other provocations in contemporary political thought and political life provide an occasion for rethinking the value of several of the last two centuries' most compelling theoretical critiques of modern political life, including the positions of Nietzsche, Marx, Weber, and Foucault. (shrink)

Virtue has been rediscovered in the United States as a subject of public debate and of philosophical inquiry. Politicians from both parties, leading intellectuals, and concerned citizens from diverse backgrounds are addressing questions about the content of our character. William Bennett's moral guide for children, A Book of Virtues, was a national bestseller. Yet many continue to associate virtue with a prudish, Victorian morality or with crude attempts by government to legislate morals. Peter Berkowitz clarifies the fundamental issues, arguing that (...) a certain ambivalence toward virtue reflects the liberal spirit at its best. Drawing on recent scholarship as well as classical political philosophy, he makes his case with penetrating analyses of four central figures in the making of modern liberalism: Hobbes, Locke, Kant, and Mill.These thinkers are usually understood to have neglected or disparaged virtue. Yet Berkowitz shows that they all believed that government resting on the fundamental premise of liberalism--the natural freedom and equality of all human beings--could not work unless citizens and officeholders possess particular qualities of mind and character. These virtues, which include reflective judgment, sympathetic imagination, self-restraint, the ability to cooperate, and toleration do not arise spontaneously but must be cultivated. Berkowitz explores the various strategies the thinkers employ as they seek to give virtue its due while respecting individual liberty. Liberals, he argues, must combine energy and forbearance, finding public and private ways to support such nongovernmental institutions as the family and voluntary associations. For these institutions, the liberal tradition powerfully suggests, play an indispensable role not only in forming the virtues on which liberal democracy depends but in overcoming the vices that it tends to engender.Clearly written and vigorously argued, this is a provocative work of political theory that speaks directly to complex issues at the heart of contemporary philosophy and public discussion.New Forum Books makes available to general readers outstanding, original, interdisciplinary scholarship with a special focus on the juncture of culture, law, and politics. New Forum Books is guided by the conviction that law and politics not only reflect culture, but help to shape it. Authors include leading political scientists, sociologists, legal scholars, philosophers, theologians, historians, and economists writing for nonspecialist readers and scholars across a range of fields. Looking at questions such as political equality, the concept of rights, the problem of virtue in liberal politics, crime and punishment, population, poverty, economic development, and the international legal and political order, New Forum Books seeks to explain--not explain away--the difficult issues we face today. (shrink)

In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter Strawson (...) as well as current work in the social sciences, Gaus argues that our social morality is an evolved social fact, which is the necessary foundation of a mutually beneficial social order. The second part considers how this system of social moral authority can be justified to all moral persons. Drawing on the tools of game theory, social choice theory, experimental psychology and evolutionary theory, Gaus shows how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium. (shrink)

The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute (...) of Philosophy, André Van de Putte, who found much inspiration in this tradition. A revised version of his valedictory lecture from the conference serves as the final contribution to this issue. Much contemporary liberal political philosophy is currently done in conversation with a line of liberal thinkers starting with John Locke, running through Immanuel Kant and John Stuart Mill, and culminating in the work of John Rawls and his followers. The reasons for the enormous appeal of this philosophical tradition are, among other things, the combination of the central role of the intuitively appealing value of individual liberty with a strong rationalistic, universalistic, and normative character. The thread running through most of these liberal theories is a commitment to what the French liberal Benjamin Constant referred to as “the liberty of the moderns,” that is, liberty in a negative sense, as a lack of interference in one’s activity from others and from government. This focus has expanded over time to include a richer body of civil, political, social, economic and cultural rights, for instance, in the work of liberal thinkers who have tried to integrate the insights of communitarian thought and discourse ethics in their work. However, the emphasis on individual liberty in the negative sense continues to be the normative and theoretical touchstone and default position for many contemporary liberal theories. The limitation of the canon of liberal thought to the aforementioned authors and themes deprives the contemporary debate of a rich source of ideas: the French liberal tradition. Montesquieu, considered to be the father of this tradition, provides a good example of how it can enrich current debates in liberal theory. Montesquieu’s work evinces a keen eye for the dynamics of power relations and the limitations of the power of the better rational argument. His insight that power can sometimes only be checked by an equal and opposing power, so that a system of separation and balance of powers is necessary in order to preserve liberty, is reflected in the foundations of most modern democracies. Montesquieu also argues that contingent environmental, historical, social and economic conditions play a dramatic role in determining what kind of government is appropriate for a particular society. On his view, ignoring these facts when framing a government can inadvertently end in despotism. Montesquieu’s observations challenge us to reexamine some of contemporary liberalism’s universalist and rationalist claims. Benjamin Constant is most famous for his distinction between two kinds of liberty: the liberty of the ancients and the liberty of the moderns. The ancient form of liberty manifested itself in the active political participation of citizens in the ancient republic. While this form of government and decision-making was suitable for small, homogeneous city-states, Constant argues that it is impracticable for large modern nation-states. Hence, the concept of modern liberty shifts to an emphasis on the rule of law and the non-interference of the state in private matters. This form of liberty is familiar to us from contemporary liberalism – and Constant cherishes this form of freedom as much as any liberal does today. However, his position is complex: he also argues that the liberty of the ancients should not be neglected. Active political participation is needed to ensure that the government is executing its duty of preserving the modern form of liberty by publicly pointing out violations. The contemporary relevance of Constant’s work is clear when we consider the alleged “democratic deficit” that plagues the EU and international institutions such as the UN, the IMF, and the World Bank. Not only does this democratic deficit threaten the modern form of liberty by placing decision-making processes out of sight of the people, it also threatens citizens’ sense of self-respect derived from self-governance. Constant’s argument for the necessity of combining the liberty of the ancients with that of the moderns provides a fruitful resource for confronting these contemporary issues. Tocqueville’s work on liberalism benefits from his opportunity to observe a society founded on liberal democratic principles – the United States of America – in action. In his Democracy in America, he examines the social consequences, both intended and unintended, of building a society on ‘the equality of conditions’, as he defines ‘democracy’. Tocqueville sees a tension between the democratic value of equality and the aristocratic value of the rule of the best. He observes that democratic societies do not necessarily choose the best leaders and instead promote mediocrity instead of virtue, talent, and excellence. Democracy also confronts citizens with the threat of ‘soft despotism’, where a government that preserves the outer signs of the liberty of the moderns nevertheless controls the behavior of its citizens in minute detail through a system of detailed rules ostensibly aimed at their welfare. This paternalism is an even more insidious threat to liberal values than the hard variety of despotism, since it is so difficult to detect and done in the name of liberal values themselves. Taking Tocqueville’s observations seriously would add complexity to attempts to theorize about the modern social-democratic welfare state. The contributions to this issue supplement and critique mainstream liberal thought and its relation to contemporary issues through a serious engagement with the French liberal tradition. Annelien De Dijn’s contribution discusses Bertrand de Jouvenel, a lesser-known 20th Century representative of the French political tradition she terms ‘aristocratic liberalism’. This tradition has its roots in the work of Montesquieu, and emphasizes the importance of intermediary bodies, most importantly the aristocracy, in providing a check to the top-down power of despotic state authorities and the bottom-up power of revolutionary leveling tendencies, both of which threaten liberty. De Dijn situates Jouvenel in this tradition, but then indicates an important difference between his thought and that of his predecessors: his most significant work, On Power, is not only on French history, but on European history. Pointing to the enthusiastic reception of this work in the Anglophone world, she suggests that the rise of totalitarianism in Europe gave the anti-totalitarian features of aristocratic liberalism a broader appeal. Valentino Lumowa’s paper concerns Constant’s classic text, The Liberty of the Ancients Compared with that of the Moderns. Lumowa argues that in order to understand Constant’s piece, we must be aware that its two parts were written under different historical circumstances and decipher the argumentative thrust inherent in the text. Following Stephen Holmes, he argues that to understand the shift Constant made in the second part of the text, we should read it within the context of the increasing influence of the ultra-Royalists in the legislature during the Bourbon Restoration. However, in contrast to Holmes, he contends that the spirit of both civic and individual freedom, which enlivens representative system, is the backbone of the text in its unity. Demin Duan’s essay investigates an apparent ambivalence between liberal and imperialist tendencies in the work of Alexis de Tocqueville, which has already drawn some attention from Tocquevillian scholars. These interpretations of Tocqueville and his writings on empire generally agree that Tocqueville stands in a recognized tradition of liberalism, which is characterized by respect for human rights, individual freedom and a sense of universal humanism. On this standard view, Tocqueville’s support of imperialism represents nothing but an unfortunate breach of his own otherwise consistent liberal thinking. Duan’s article questions this standard position. By questioning the assumption of Tocqueville’s liberalism in the first place, he tries to gauge the influence of both the old republican tradition and the new liberal perspective on his thinking. In conclusion, he argues that Tocqueville’s overall thought, especially his notion of freedom, is very much informed by an old republican tradition. His support of French imperialism could be better understood from this perspective rather than be rendered simply as a deviation from liberal norms. Pawel Marczewski’s contribution is an attempt to show that Tocqueville’s conception of liberty transcends the divisions between negative and positive aspects of freedom. He begins by juxtaposing this conception with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The essay then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Participants on both sides of the debate seem to be so devoted to showing that their particular approach provides the best guarantees against actual and possible threats to liberty that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that ‘to be free is to be guided by one’s own will’, contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to these discussions in contemporary political philosophy. Finally, André Van de Putte’s contribution, an adaptation of his emeritus speech that closed the conference on French Liberalism, appeals to Tocqueville in order to draw attention to the importance of intermediary, dialogical bodies in mitigating the implicit despotic tendencies of the democratic drive to equality. In Tocqueville’s view, the transition from the feudal corporate inequality to democratic individual equality was not a clean break. Rather, this transition is a continual process of democratization that is driven by a desire for equality, or egalité des conditions. This dissolution of distinctions of estate, class and status has the unintended consequence of concentrating the diffuse power of these entities into a centralized state, which is responsible for ensuring the equality of all under the law. This process leaves increasingly isolated and atomized individuals to face the power of a monolithic state in defense of their freedom, and moves toward a soft, paternalistic despotism. Constant’s freedom of the moderns is not sufficient to protect individuals from this centralized power. Democracy also requires the political freedom of the ancients. Van de Putte argues for a system in which atomized individuals organize themselves into intermediary bodies that, in a Montesquieuian balance of powers, can enter into dialogue with each other and the state on more equitable terms. Van de Putte’s contribution closes with a plea for a conception of democracy as a regime of dialogue. (shrink)

New Proposals for New Questions Nuevas propuestas para nuevas cuestiones In six sections, the volume deals with different questions of political philosophy. The first section focuses on democratic theories, the second on conceptual debates, discussing topics such as collective rights, the terrorist phenomenon, Libertarianism and conceptions of freedom. In a third section on contemporary debates, perspectives on sovereignity and legitimacy as well as discourse theory versus political liberalism are discussed. The volume also features essays on democracy and law, and (...) in a section entitled oJudicial construction of democracyo papers on constitutional reviews by judges in the Netherlands as well as the construction of democracy in the context of Latin-American democracies. Finally, in the last section the volume deals with the European Constitutional Treatise, analysing the arguments and examining the legitimacy crisis and the main objections displayed against this treatise. Contents I. On Democratic theory / Teoria de la democracia: Eerik Lagerspetz: The Problem of the Common Good in Democratic Theory Sergiy Maksymov: The Kantian Project of the Law Governed Society and New Democracies II. Conceptual debates / Debates conceptuales: Martin Blanchard: Recognition and the Case of Indigenous Reparations: A Habermasian Critique of Habermas Bronik Matwijkiw: The failed Model of Terrorism Susumu Morimura: The Libertarian View of Human Nature Jonathan E. Soeharno: Freedom as Second Nature. Exploring the value of Hegel's concept of Autonomous Personality for Global institutional theory Hashimoto Tsutomu: On the Concept of Positive and Negative Liberty III. Contemporary debates / Debates contemporaneos: Terhi Kiiskinen: Sovereignty Revisited: On Inalienable Constitutional Power Luiz B. Leite Araujo: A Decade of Debate: Discourse Theory versus Political Liberalism IV. Democracy and law / Democracia y derecho: Kenneth E. Himma: Does it really mather whether a Judicial Decision is morally Legitimate? The practical implications of Judicial Illegitimacy in a otherwise Legitimate State Carl Lebeck: Commitments, Rules and the limits of Constitutionalism Oliver W. Lembcke: Exception Rules? Freedom and the Order in a State of Exception Bart van Klink: Does Necessity knows no Laws? Application of Law in a State of Exception Costanza Margiotta: Ideas and Values of the oLegalo State Jiri Priban: Constitution-Making. Morality and Legal Symbolism: on Identity, Temporality and Differentiation of the legal, political and moral Systems V. Judicial construction of democracy / Construccion judicial de la democracia: Maurice Adams: Judging the Constitution: the Third Way. Some reflections on the introduction of Constitutional Review by Judges in The Netherlands Larry Alexander: What is the Problem of Judicial Review? Roberto Corona Copado: Las reglas del juego democratico. La Suprema Corte de Justicia de Mexico en la solucion de controversias entre organos del poder politico desde 1995 Jose de J. Ibarra Cardenas: La construccion judicial de la Democracia en Iberoamerica VI. Deliberation on European constitutional norm / Deliberacion sobre la nueva constitucion europea: Olaf Tans: Deliberating European Constitucional Norms. An Analysis of arguments Carla M. Zoethout: The Court and the Charter or Who Guards the Court of Justice of the EU under the new Constitution?. (shrink)

Belgium's policy of not permitting Catholic hospitals to refuse euthanasia services rests on ethical presuppositions concerning the secular justification of political power which reveal the paradoxical character of European liberalism: In endorsing freedom as a value (rather than as a side constraint), liberalism prioritizes first-order intentions, thus discouraging lasting moral commitments and the authority of moral communities in supporting such commitments. The state itself is thus transformed into a moral community of its own. Alternative policies (such as (...) an explicit moral diversification of public healthcare or the greater tolerance for Christian institutions in the Netherlands) are shown to be incompatible with Europe's liberal concern with securing social and material freedom resources, as well as the concern with equality of opportunity, as embodied in the European Union's anti-discrimination labor law. The essay's argument for the preferability of a libertarian solution closes with the challenge that only if the provision of public healthcare can be shown to be rationally indispensable for a morally justified polity, could the exposed incoherence of modern European liberalism be generously discounted. (shrink)

Far into the first volume of his magnum opus, Law, Legislation and Liberty, Hayek points to the bridge between his theoretical analysis of the development of social order and his normative position as an advocate of liberalism in the classical tradition: The understanding that ‘good fences make good neighbours’ […] is the basis on which all known civilization has grown. Property, […] the ‘life, liberty and estates’ of every individual, is the only solution men have yet discovered to the (...) problem of reconciling individual freedom with the absence of conflict. Law, liberty, and property are an inseparable trinity. 1 The quote can serve as a powerful argument in support of the classical liberal theory of law. Property and liberty have many detractors but lawlessness has few advocates. Surprisingly, Hayek made no systematic attempt to defend his inseparability thesis. Never reaching the status of a firmly established conclusion it remained a presupposition that friends could accept readily and enemies could dismiss as an ideological expression without theoretical support. Moreover, Hayek often seemed reluctant even to use the term ‘property’. Most of the time, he preferred to speak of an otherwise unspecified ‘private sphere demarcated by general rules’—a notion that might have delighted a Rousseau or a Burke but not a Frédéricq Bastiat. His theory of law also refers to unspecified general ‘rules of just conduct’ but remains vague about what justice is or how it relates to classical liberal conceptions of property or freedom. Thus, the supposed trinity of law, liberty and property resolves itself in a nondescript order of undefined scope, generated by rules of unspecified generality. It may have seemed obvious to Hayek that one can describe an order of human affairs that respects the property and freedom of individuals only in terms of general rules but that is not a sufficient basis for his claims.. (shrink)

This chapter examines the neo-republican thesis of the compatibility between freedom and the state under conditions of ‘equally shared control’. It first considers the neo-liberal conception of the relation between freedom and the state as well as the socialist-social-democratic criticism of the neo-liberal understanding of freedom. It then discusses the neo-republicanism of Philip Pettit and the ‘republican thesis’ that freedom and political order are not contradictory to each other. It also analyses Robert Nozick's libertarianism and Friedrich Hayek's (...) class='Hi'>liberalism, along with their argument that all actions of a government should be in strict accordance with the rule of law. Furthermore, it looks at the political philosophy of neo-liberalism, the implications of nondomination and the ‘neo-republican thesis’ that even a state's power and interferences can be controlled by its citizens. The chapter concludes by rejecting the thesis that freedom and the state are compatible. (shrink)

Few have given much thought to how a state of freedom and justice should be organized. This book is the result of the author s 35-year odyssey in search of an answer. He has taken a multi-disciplinary approach, reading widely over many years in the realms of Politics and Economics, Sociology and Philosophy, History and Law. This approach has led to some fresh insights which do not fit into the current left wing/right wing political analysis straitjacket. Comparing the consensus (...) theory of the origin of the state, popularized by Rousseau, with the less well-known conflict theory as expounded by Franz Oppenheimer, the author argues that most states have arisen from the conquest of one class over another, or one tribe over another. Thus the modern state is characterized by a ruling class exercising the coercive power of the state, denying freedom and justice to the rest in varying degrees. Thus the state can be our greatest enemy the 20th century provides plenty of evidence for that. To counter the abuse of power, the author follows the work of Frederic Bastiat in describing a minimal state, limited to the defence of the territory and to maintaining law and order.". (shrink)

The development of the theory of deliberative democracy is connected to the completion of two tasks. The first is to combine broad political participation with the rationality of the political process. The second is to ensure the political unity of modern societies, which are characterized by a pluralism of often incompatible values, norms, and lifestyles. Within the framework of this theory, the key democratic procedure is rational deliberation open to all interested parties. The purpose of this procedure is to reach (...) an agreement, as stated in the theory of Jurgen Habermas. However, experimental studies of deliberative practices show that they may result not in agreement but in the radicalization of positions. Unlike Habermas, John Rawls believes that a consensus on values and norms is unattainable. His theory of political liberalism attempts to answer the question of how political unity is possible in practically insoluble conflict, that is, in a situation of disagreement. He proposes the ideal of a well-ordered society with the assumption that a just society is one in which there is no agreement on comprehensive doctrines, but there is a consensus on the basic principles of justice. However, Rawls’s theory, in turn, faces a number of significant problems. For example, he was forced to admit that the democratic culture of society is a prerequisite for the formation of basic principles of justice in a well-ordered society. Rawls’s idea about the connections among disagreement, political freedom, and democracy influenced the further development of the theory of democracy, stimulating the search for different models of decision-making and the formation of political will without rational agreement. After all, the possibility of democracy lies in the conflict of ideas about justice and good. (shrink)

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with himself, with his desires and (...) sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

In the wake of populist challenges throughout the past decade in the U.S. and Europe, liberalism has been described as elitist and out of touch, concerned with protecting and promoting material interests with an orientation that is pragmatic, legalistic, and technocratic. Simultaneously, liberal governments have become increasingly detached from the middle class and its moral needs for purpose and belonging. If liberalism cannot provide spiritual sustenance, individuals will look elsewhere for it, especially in illiberal forms of populism. -/- (...) In Kant, Liberalism, and the Meaning of Life, Jeffrey Church addresses the "meaning deficit" in contemporary liberal societies. Focusing on Immanuel Kant's largely neglected early lectures on anthropology from the 1760s and 1770s, Church argues that Kant's work can serve as a basis for a more meaningful liberalism, one that conceives of freedom and equality for all as a moral vocation of citizens and institutions. Church also asserts that Kant's early view of the meaning of life has important implications for understanding his political theory. Kant saw liberal community as something that helps us realize our destiny on earth as the distinctively free creatures we are. Liberalism, then, is not elitist but a participatory project of all members of society. It is not concerned primarily with material things but with our moral destiny. It is not pragmatic but principled. -/- Church holds that Kant's liberalism rests on a view of the meaning of human existence, and so analyzes Kant's view of the meaning of life and its application to his politics. In particular, Church contends that a fundamental concern included in Kant's liberalism, largely unrecognized by scholars, is to foster the meaning of life for citizens of liberal republican orders. At the same time, Church applies Kant's views of the meaning of life to contemporary problems in liberalism. In particular, he argues that Kant's view of a meaningful liberalism can provide a counterweight to the recent rise of illiberal nationalist or religious forms of community that seem attractive to liberal citizens hungering for meaning in a disenchanted world. Compelling and ambitious, Jeffrey Church provides the first extended treatment of Kant's understanding of the meaning of life and a powerful alternative to procedural liberalism. (shrink)

Poststructuralism and After provides a comprehensive, innovative and lucid account of contemporary poststructuralist theory, which probes its limits, explores rival theoretical approaches, and elaborates new concepts and logics. The book distils and articulates the basic philosophical assumptions and theoretical concepts of poststructuralism, but by building upon the work of Derrida, Foucault, Heidegger, Lacan, Laclau, Levi-Strauss, Marx, Saussure and & ek it also provides a distinctive version of the poststructuralist project.The philosophy and theory of poststructuralism is presented through a critical engagement (...) with the central problems of social and political theory. Such problems include the structure/agency dilemma; the problem of social order; the ongoing debates between positivists, interpretivists and realists about the role and character of social science; the relationship between the economy, the state and society; the complexities of identity/difference; and the role of power, domination and ideology. Empirical illustrations and case studies of selected social phenomena further illuminate the theoretical arguments displayed in this book. (shrink)

In this collection of essays on the core values of liberalism, Stephen Holmes—noted for his scathing reviews of books by liberalism's opponents—challenges commonly held assumptions about liberal theory. By placing it into its original historical context, _Passions and Constraints_ presents an interconnected argument meant to fundamentally change the way we conceive of liberalism. According to Holmes, three elements of classical liberal theory are commonly used to attack contemporary liberalism as antagonistic to genuine democracy and the welfare (...) state: constitutional constraints on majority rule, the identification of individual freedom with an absence of government involvement, and a strong emphasis on the principle of self-interest. Through insightful essays on Hobbes's analysis of the English Civil War in _Behemoth_, Bodin's writings on the benefits of limited government, and Mill's views on science and politics, Holmes shows that these basic principles provide, to the contrary, a necessary foundation for the development of democratic, regulatory, and redistributionist politics in the modern era. Holmes argues that the aspirations of liberal democracy—including individual liberty, the equal dignity of citizens, and a tolerance for diversity—are best understood in relation to two central themes of classical liberal theory: the psychological motivations of individuals and the necessary constraint on individual passions provided by institutions. Paradoxically, Holmes argues that such institutional restraints serve to enable, rather than limit, effective democracy. In explorations of subjects ranging from self-interest to majoritarianism to "gag rules," Holmes shows that limited government can be more powerful than unlimited government—indeed, that liberalism is one of the most effective philosophies of state building ever contrived. By restricting the arbitrary powers of government officials, Holmes states, a liberal constitution can increase the state's capacity to focus on specific problems and mobilize collective resources for common purposes. _Passions and Constraint_ is an assessment of what that tradition has meant and what it can mean today. (shrink)

Arbitrary state and corporate powers are helping to turn the Internet into a global surveillance dragnet. Responses to this novel form of power have been tepid and ineffective. Liberal critiques of surveillance are constrained by their focus on privacy, security and the underlying presupposition that freedom consists only of freedom from interference. By contrast, (post)Foucauldian critiques rejecting liberalism have been well rewarded analytically, but have proven incapable of addressing normative questions regarding the relationship between surveillance and freedom. Quite (...) apart from these debates, neorepublicans have excavated a third concept of freedom, understood as non-domination. Could neorepublicanism overcome the limitations of liberal and (post)Foucauldian critiques of surveillance? We argue, positively, that neorepublicanism can accommodate much of the (post)Foucauldian analyses while also incorporating a normative critique of surveillance vis-à-vis freedom. We further argue, negatively, that surveillance power has outstripped the capacities of traditional republican institutional responses to domination. We conclude by considering ways in which neorepublicanism can be recalibrated to address the novelty of surveillance power while adhering to the ideal of non-domination. Two ways of addressing the problem are proposed: an offensive, dedicated surveillance antipower and a defensive republican amplification of privacy. (shrink)

The paper examines the place of power in the action theories of Francisco Suarez and Thomas Hobbes. Power is the capacity to produce or determine outcomes. Two cases of power are examined. The first is freedom or the power of agents to determine for themselves what they do. The second is motivation, which involves a power to which agents are subject, and by which they are moved to pursue a goal. Suarez, in the Metaphysical Disputations, uses Aristotelian causation to model (...) these two forms of power. Freedom is efficient causation, but in a special form that I explain as involving something that ordinary causation does not – the contingent determination of outcomes. Motivating power is final causation, which Suarez characterizes as the power of a goal or end to move us to attain it through its goodness or desirability. Suarez regards these two forms of power as consistent – we can be moved by the goodness of a goal freely to determine for ourselves that we act in order to attain it. Hobbes denied the existence of all forms of power beyond ordinary causation, the power of one motion in matter to determine another. So he denied the very existence both of freedom and of any form of motivating power beyond the ordinary causal power of desires as materially based psychological states to produce actions. The goodness itself of a goal never moves us, whether to desire the goal in the first place or to act in order to attain it. The paper examines Hobbes’s arguments and their consequence – establishing the foundations for Hume’s scepticism about practical reason. (shrink)

Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the (...) spiritual end of the human person and religious nature of community.The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities. (shrink)

ExcerptModern government is essentially economic, disposing of its subjects by exposing them to the supposedly natural exigencies of capitalist exchange. To survive, the individual must “earn a living”—in other words, pay for the space that his life takes up. The payment is work, or tangibly effective action—action that proves, on an abstract and universal scale, the value of the subject's continued existence. The sheer necessity, for each individual, of such measurably valuable work is what forces his regular participation in the (...) economy that is the liberal market-state. In order to challenge this system, it seems, one must challenge the hegemony…. (shrink)

A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we know about, among other things, law, legality, sovereignty and (...) political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations. (shrink)

John Gray's recent critique of liberalism, and his case for an apparently relativistic ?post?Pyrrhonian?; political philosophy, are shown to be wanting. Weaknesses in Gray's critique are identified and discussed: the characterization of liberalism as universally prescriptive, confusion about whether liberalism is a genuine tradition, and misunderstanding of the relation between conduct and the value of freedom. A formulation of liberalism that is not universalist ("temperate?; liberalism) is offered, and it is shown that one of (...) class='Hi'>liberalism's vital concerns?controlling political power in order to protect freedom ? is a hiatus in Gray's theory. (shrink)

The article presents the postanarchist conceptualization of radical politics. The methodology of this study was a critical analysis and use of historical and philosophical methods, the method of contextualism, the method of discursive analysis. In connection with the intensification of protest movements, including those aimed at combating the omnipotence of the state, the spread of the ideology of anti-globalization is growing theoretical interest in anarchism. Anarchism today is not the only political doctrine. This is a large family of like-minded (...) people, united by hostility to uncontrolled power, distrust of the hierarchy and optimistic belief in the ability of ordinary people to control their lives and organize social relations on the basis of freedom, equality and solidarity. In the framework of the announced “anarchist turn”, anarchism is manifested as the basis of radical policy in recent times. The theoretical foundations of modern anarchism remain poorly understood. Modern political radicalism is based on a certain philosophy, which in a new way substantiates the ideas and actions in the socio-political sphere, aimed at radical change of existing social institutions. This is a philosophy of action, struggle, protest. Postanarchism is seen as a new view of radical politics. The features of philosophical essentialism as the basis of conceptual modeling in classical anarchism are formulated. Postanarchism is presented as a philosophy that avoids essentialism, its tools are analyzed. The connection between the left movement of the 1960s and modern post-capitalist movements is analyzed. Political theory here is further developed, ceases to be abstract, filled with human meaning. Within the framework of the “anarchist turn” there is a gradual destruction of the main stereotypes or narratives about anarchism formed over many years in literature and public opinion. It is proved that the theory of anarchism is constantly evolving and updated over time in order to find solutions to acute social, political and economic problems. The author sees the prospects of post-anarchism in its political philosophy, which has certain values. In the modern era, such a philosophy was supplanted by positivist political science in theory and for the triumph of moral nihilism and relativism in practice. The obtained results allow us to find out what distinguishes modern anarchism as a movement and philosophy from the left movements of the past and the features of the theoretical language of description of the modern protest movement. (shrink)

The dominant public philosophy of the United States of America has long been some version of liberalism--dedicated to individual liberty, equal rights, religious freedom, government by consent, and established limits on political power. Today, however, we find ourselves in unusual times, when the major political parties have powerful and growing wings that embrace decidedly illiberal public philosophies. On the Left, critical theory eschews Enlightenment rationalism and liberal ideas of toleration and individual liberty as structures that serve to support inequality (...) and oppression. On the Right, conservative scholars excoriate liberalism for privileging an ideal of individual autonomy that eats away at the civilizing bonds of family, tradition, religion, and country. What seems new here is not the critiques themselves, but the power and popularity of political movements that openly and proudly reject the first principles of America's long-dominant public philosophy. Can the center hold? Can the principles of 1776 survive? Or has liberalism run its course? With these questions in the air, this book proposes to return with fresh eyes to the beginning of liberalism and the political philosophy of John Locke. Instead of looking at Lockean liberalism as a simple and timeworn ideological program, the essays reexamine Locke's project by remaining alive to the complexity and nuance with which he addressed his subject. The Locke that emerges is indeed an ambitious and radical thinker, but one not as imprudent or unmindful of custom as his conservative critics would have it, nor as tolerant of oppression as his progressive critics aver. (shrink)

We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for (...) tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order. (shrink)

Political philosophy provides the basis for political praxis; it requires a functional understanding of society in which the economy is an extraordinarily significant component. This is no less true of Marxism than it is of liberalism: it is all at once a political philosophy and an analysis of political economy, both of which are oriented toward and motivated by an agenda of human engagement. Often obscured by the complexities of Marxian analysis is the nature of its critique of (...) class='Hi'>liberalism, which preceded it and to which it was intended as both a theoretical and practical response. Beyond Liberalism offers a detailed elaboration of that critique, restoring to a central position the long history of imperialism that has been at the heart of capitalism since its inception and explicating Marxism's relevance to the contemporary era of globalization, in particular financial globalization. The dramatic opposition between the two political theories turns heavily on their differential perspectives on individual freedom. The book provides a corrective to the common misperception that, while liberalism is concerned with such freedom, Marxism and the socialist agenda it advances emphasize instead a contrasting sphere of the collective. Prabhat Patnaik argues that liberalism and Marxism give very different analyses of the status of the individual within capitalism and that the Marxist alternative leads to the conclusion that the freedom of the individual can be realized only by means of an upheaval of capitalism through collective action. It is as relevant to Keynesian social democracy, marked by state intervention to alleviate conditions of unemployment, poverty, and inequality, as it is to classical liberalism. In the latter the functioning of the capitalist system constrains individual freedom; in the former, on the capacity of the state to intervene, which is especially apparent in our era in which finance is globalized but states remain national. Capitalism requires a degree of unemployment, for example, to limit wages and maintain the accrual of surplus value. The system also tends toward the centralization of capital, augmenting the power imbalance of global corporations over nation-states and the coercion of individual agency. It is only through the overturning of the system and the adoption of a socialist system that individual freedom and economic equality can be fostered. (shrink)

Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political theory in the past in favour of the explication of the meaning of the concept. However, even here the results have been disappointing. Logical Positivist attempts to locate (...) some unique empirical phenomenon which the word state described proved unsuccessful, and indeed led to the odd conclusion that there was nothing about the state that distinguished it from some other social institutions. For example, its coercive power was said to be not unique: in some circumstances trade unions and Churches exercised similar power over their members. Ordinary language philosophers were far more interested in the complexities that surround words such as law, authority and power than in the state. In all this there was perhaps the fear that to concentrate attention on thestatewas implicitly to give credence to the discredited doctrine that it stood for some metaphysical entity; propositions about which could not be translated into propositions about the actions ofindividuals, and which represented higher values than those of ordinary human agents. (shrink)

This article addresses the fundamental issues about sovereignty and an ethical polity that the event of September 11th has brought to a crisis. It examines the geography of power that has become more visible as the USA sets about ensuring that the new world order that has been emerging with neo-liberalism and corporate capitalism is protected from challenges of any kind. It argues that the state of emergency has become chronic, making possible the enactment of exceptional measures that (...) threaten the basic principles underlying democracy and liberty. Terror is becoming a universal tool to compel compliance with a global form of neo-feudalism. It questions the way in which Islamic fundamentalism is being used as ideological cover to legitimate another fundamentalism, namely neo-liberalism. The article opens up aspects of fundamentalism to an analysis that explores the interconnections between onto-logical lack, violence, surplus terror and the unpresentable in the discourse constitutive of authority. It also examines the exceptional status and character of the USA in the history of modernity, particularly with regard to its militarism. It calls for a critique of the present that recognizes that the current forms of totalitarianism eliminate the possibility of just forms of sociality emerging. (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)

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting itself to be half dead (...) and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical (...) class='Hi'>liberalism. Since the fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

In The Power of Negativity: Selected Writings on the Dialectic in Hegel and Marx, editors Peter Hudis and Kevin B. Anderson guide us through three decades in the intellectual itinerary of America’s foremost Hegelian Marxist, the revolutionary and philosopher Raya Dunayevskaya. The founder of Marxist-Humanism, News & Letters Committees, and the newspaper News & Letters, Dunayevskaya was the author of three books, to which “she sometimes referred… as her ‘trilogy of revolution’” : Marxism and Freedom, Philosophy and Revolution, and Rosa (...) Luxemburg, Women’s Liberation, and Marx’s Philosophy of Revolution ; two collections, Women’s Liberation and the Dialectics of Revolution and The Marxist-Humanist Theory of State-Capitalism ; and finally several thousand pages of articles, pamphlets, letters, lectures, speeches, and drafts reposited in Wayne State University’s Walter Reuther Archives of Labor and Urban Affairs. In The Power of Negativity, Hudis and Anderson have culled through the extensive corpus undergirding her principal works, as well as writings related to the book she was working on when she died, “Dialectics of Organization and Philosophy,” in order to profile the thinker at work. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 329 I find Farley's theory of tragic existence and divine compassion distressing and depressing. To sufferers, it says: "C'est la vie!" Put more learnedly, "created perfection is fragile, tragically structured.. •. And yet, without creation, divine eros remains merely potential, inarticulate. The fragility of creation and the nonabsolute power of God culminate in the tragedy and rupture of history" (p. 124). Thank God, I can now have (...) God,to blame. Of course, God is trying to repair the damage, but even God's efforts are ultimately vain since "absolute evil " will ever play havoc with history and since God himself is responsible for suffering. Furthermore, since the author does not offer any extensive discussion of the suffering and death of God.on the cross (she dismisses the idea: "The compassionate God is... to he distinguished from the benevolent but impotent deity who ' suffers with ' the world" [p. 112]), nor of the resurrection of Jesus as divine vindication of innocent suffering, nor of hope for a life beyond,· her tragic vision sheds no real light on the problem of suffering nor can it pro-.vide impetus for the struggle against evil or hope for victims-especially when demons whisper that life is futile, suffering meaningless, and the cosmos void. The book is repetitive (suffering: pp. 23-24, 30-31, 51-59, 115-119; tragic vision: pp. 31-37, 78-79, 98-99, 106-110, 124-125; compassion: pp. 37-39, 79-81, 92-94, 110-114, 114-119, 126-128). It is oracular ("theologians have been uncomfortable about directly attributing love to God " [p. 96], self-contradictory (it speaks of God's " aseity " and divine " relationship " in the same breath [p. 105]), and misleading in its use of sources (e.g. its appeal to Thomas for its peculiar understanding of analogical language about God [pp. 101-103]). Mercifully, the hook is brief. The Catholic University of America Washington, D.C. PETER c. PHAN Time, Freedom, and the Common Good. By CHARLES M. SHEROVER. New York: State University of New York Press, 1989. Pp. xiii+ 314. $59.50 (cloth) ; $19.95 (paper). Guided by the insights of traditional political philosophy and contemporary phenomenology and animated by 'the spirit of Tocqueville, Sherover's book is an attempt " to secure the foundations of a public philosophy adequate for our time" (p. xii). Like Tqcqueville, Sherover is preoccupied with the " universal appeal of freedom," with its com- 330 BOOK REVIEWS plications, its paradoxes, and especially its possibilities. Sherover faults liberalism for its simplistic conception of freedom and its " superficial view of the nature of human existence" (p. 8). In an attempt to find a more adequate account of human experience, Sherover appeals to three existential categories: sociality, temporality, and freedom. The project of the book, which moves from the establishment and articulation of these categories to :their practical application, is ambitious. Yet the argument is lucid and persuasive. Following Aristotle, Sherover argues for the primacy of the social in human life. He effectively argues not only that moral norms and linguistic practices are socially rooted phenomena, but also that " social membership is prior... to any notion of differentiating individuality " (p. 20). Social atomism is but a theoretical abstraction, and individualism is as incoherent as a private language. Sherover points out that the defense ·of the social nature of human existence has at least one negative result: it undermines political theories that are rooted in a radically individualistic conception of human nature. Yet the emphasis on sociality does play a positive role in Sherover's essay: it serves as an initial justification of the relevance of the idea of the common good to political discourse. The existential category of sociality surfaces, for instance, in Sherover's cogent account of rights, wherein he argues that particular rights should not be seen as innate and absolute. The claim that rights are innate renders unintelligible the prevalent notion of "newly dis· covered" rights (p. 79). Instead, particular rights are socially recog· nized, justifiable claims which cannot he isolated from the social and political context in which they are recognized and exercised. Particular r.ights come into being over time and in intimate connection with con· crete... (shrink)

Liberalism can be defined as that political system in which the state remains neutral on questions of the good life while providing a framework of rights that respects persons as free and independent selves capable of choosing their own values and ends. Neutrality is the priority of the right over the good . In Political Liberalism, John Rawls describes a liberal society in which political debate is based upon an overlapping consensus. An overlapping consensus consists in agreement (...) about those principles of justice which are held in common by all reasonable citizens. While these principles may be justified by appeal to "comprehensive" doctrines, no such "comprehensive" justifications are permitted within the arena of political debate. ;I examine the theories of Alasdair MacIntyre in order to show where Rawls fails. MacIntyre argues that a conception of the good is inherent in any decision-making procedure and the exclusion of that conception from political debate makes such debate impossible. I argue that traditions which justify conceptions of the good are after the fact constructs identified in light of a unifying theme. I also examine the work of William Galston which underlines liberalism's compatibility with a conception of the good, and argue that Galston's rejection of neutrality should be reconsidered. ;Rawls' attempt to solve the problem of managing pluralism limits pluralism to an unacceptable degree. I offer a theory which widens the scope of freedom while avoiding a reliance on the exclusion of moral goods in political debate. ;The foundation of my theory lies in the moral psychology of Adam Smith, a theory of social interaction and moral judgment that does not rely exclusively on rational deliberation. I argue that Smith's market model of competition should be understood as entailing neutrality between groups and not between goods. Neutrality is identified retrospectively by observing how newer or previously excluded members of society have influenced society's conception of the good. I conclude that if a society's conception of the good fluctuates over time in the ways and under the conditions described in my dissertation, then the society is appropriately neutral and liberal. (shrink)

The complexity of the real history of economic planning in practice, as well as the variety of rationales that have been offered in theory for various (more or less comprehensive) forms of planning, both suggest that political philosophy would benefit from a more nuanced and less simplistic approach to the discussion of state planning of the economy. The aim of our article is to clear some ground for a discussion of markets and democratic economic planning within normative political philosophy (...) that takes a less stark and dichotomous approach in considering the relationship between markets and state planning, and takes more account of the complexities of both the theory and historical practice of economic planning. The article considers some of the different varieties of democratic economic planning, and the rationales for different forms of imperative and indicative planning regimes, as well as other alternative planning mechanisms. In particular the article looks to bring renewed attention to the theoretical rationales for planning offered by two important theorists of the mixed economy: James Meade and Stuart Holland. We close by revisiting the powerful normative case for economic planning provided by Barbara Wootton, whose rejection of F. A. Hayek’s critique of planning, as well as her positive case for planning on grounds of freedom, democracy, and social equality, deserves to be much better known, and whose work is ripe for reintegration into contemporary normative discussions of social justice and political economy. (shrink)

In his Liberalism without Perfection, Jonathan Quong argues for internal conception of political liberalism which goal is to show that a liberal well-ordered society is internally coherent ideal and that citizens who would be raised in such society could endorse and support their own liberal institutions and principles if those institutions and principles are justified in particular way These institutions should be justified by particular conception of public reason which main feature is that overlapping consensus is the first (...) stage of its justificatory structure. So, public reasoning of citizens in well-ordered society should be based solely on values and ideas inherent to liberal conception of justice - freedom, equality, fair system of cooperation and burdens of judgment. Another important feature of Quong?s conception of public reason concerns its scope. Quong argues for a wide scope of public reason which demands that all coercive or binding laws or public policies should be justified on basis of these values alone. Thus, reasonable citizens in well-ordered society by definition accord deliberative priority to public reasons over their other comprehensive or nonpublic beliefs whenever they exercise their collective political power over one another. The problem I raise in this paper is that it is very likely that in well-ordered society there will be a group of citizens that will not accord full deliberative priority to political values, especially not at all levels of political deliberation. On certain issues they will like to see their particular values being realized through common political institutions. If our political theory excludes this group from justificatory constituency on this particular issue or categorize them as unreasonable it can easily undermine their general adherence to liberal conception of justice and endanger stability of well-ordered society. Thus, my point is that we need a further development of political liberalism to solve such problems not as a part of non-ideal theory but as a part of its ideal of well-ordered society. nema. (shrink)

In this collection, thirteen prominent philosophers and political scientists address the nature of liberalism, its origins, and its meaning and proper interpretation. Some essays examine the writings of liberalism's earliest defenders, like John Locke and Adam Smith, or the influence of classical liberalism on the American founders. Some focus on the Progressive movement and the rise of the administrative state, while others defend particular conceptions of liberalism or examine liberal theories of justice, including those of (...) John Rawls and Robert Nozick. Several essays discuss the U.S. Constitution, seeking to determine whether it is best viewed as empowering the federal government to achieve certain ends, or as strictly limiting its power to ensure the broadest freedom for individuals to pursue their own ends. Other essays address the limits of economic freedom or focus on the nature and extent of property rights and the government's power of eminent domain. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology. The work defends autonomy-based liberalism and elaborates how this liberalism can meet the requirements of liberal neutrality. The chapters also explore religious education and the financing of institutionalized religion. This volume collates the work of top scholars in the field. Starting from the idea that autonomy-based liberalism is an adequate framework for the requirement of liberal neutrality, the author elaborates (...) why a liberal state can support religions and how she should do this, without violating the principle of neutrality. Taking into account the principle of religious freedom and the separation of church and state, this work explores which criteria the state should take into account when she actively supports religions, faith-based schools and religious education. A number of concrete church-state models, including hands-off, religious accommodation and the state church are evaluated, and the book gives some recommendations in order to optimize those church-state models, where needed. Practitioners and scholars of politics, law, philosophy and education, especially religious education, will find this work of particular interest as it has useful guidelines on policies and practices, as well as studies of church-state models. (shrink)

We live within political systems that increasingly seek to control movement, organized around both the desire and ability to determine who is permitted to enter what sorts of spaces, from gated communities to nation-states. In _Movement and the Ordering of Freedom_, Hagar Kotef examines the roles of mobility and immobility in the history of political thought and the structuring of political spaces. Ranging from the writings of Locke, Hobbes, and Mill to the sophisticated technologies of control that circumscribe the lives (...) of Palestinians in the Occupied West Bank, this book shows how concepts of freedom, security, and violence take form and find justification via “regimes of movement.” Kotef traces contemporary structures of global mobility and resistance to the schism in liberal political theory, which embodied the idea of “liberty” in movement while simultaneously regulating mobility according to a racial, classed, and gendered matrix of exclusions. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter examines refugeehood as (...) a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The State by Philip PETTITSteven B. SmithPETTIT, Philip. The State. Princeton, N.J.: Princeton University Press, 2023. 376 pp. Cloth, $39.95The dust-jacket of this book announces a bold claim: “The future of our species depends on the state.” Ever since the Treaty of Westphalia, the state has been regarded as the basic unit of political legitimacy, and yet the state has never ceased to (...) have its critics. From the left, the state has been regarded as failing to realize a normatively appealing ideal of justice that, it is believed, can be achieved only in some form of post-sovereign organization. From the right, the state has been seen as an agent of collectivization that threatens individual liberty and the right to property. Philip Pettit hopes to deflect both of these [End Page 159] complaints in his defense of the state as the indispensable political institution.This is a big and complex book that defies easy summary. Its core attempts to define the nature and limits of the “modern state” even if the term modern and how this differs from other alternative forms of political association is never explored. On Pettit’s realist account, the state will acquire legitimacy, not by holding it to rigorous standards of justice, but if it is able to achieve a rough balance of power between rulers and ruled. This standard does not require equality between the rulers and the ruled or even among the ruled themselves, but it does presuppose the value of stability that is a necessary requisite for any desirable polity. Pettit is, after all, the author of a book on Hobbes, and The State may be seen as an attempt to adapt and update Leviathan.Like Hobbes, Pettit insists that the attainment of political order is a precondition for any possibility of justice. Reversing Rawls’s famous dictum, it is order, not justice, that is the first virtue of social institutions. The author insists that the “functional polity” may fall well short of absolute justice, but this is because the state is related to justice in the way that prudence is related to morality. I wish this point had been more fully developed. It suggests a sphere of political ethics that stands somewhere between Machiavellian power politics and Kantian ideal theory. It suggests that politics requires a degree of prudential flexibility and latitude that cannot be reduced to norms or laws. But how prudence is related to justice, Pettit tantalizingly holds open for another book.The state that Pettit endorses sounds above all like the modern liberal state. The state will serve its ends when it provides for the rule of law that gives each citizen the freedom to act with impunity under legal protection. Sounding like Montesquieu’s famous definition of liberty as “that tranquility of spirit which comes from the opinion each one has of his security,” Pettit suggests that “the fully functional state should give each citizen a reliable, determinate zone of legal security, however limited it may be, within which they can decide on how they want to live their lives.” Isaiah Berlin could not have said it better.The book is divided into two large sections. The first deals with what might be called the metatheory of the state focusing on the rule of law, individual and corporate agency, and a theory of “decentralized” sovereignty. The second part deals with the functions of the state proper. These include the collective power of the people to challenge the sovereign—the best part of the book in my opinion—a defense of individual rights, and the ability of the state to intervene in the economy. Each of these claims, I expect, will give rise to heated debate, but I cannot develop them here.One of the more striking claims of Pettit’s book is the statement that “there has been little work on the theory of the state in the sense in which we pursue it here.” Much may hinge on the meaning of that last phrase, but as for the first part of the sentence, it is literally head scratching. Pettit acknowledges the importance of Bodin, Hobbes, Locke, Rousseau, and [End... (shrink)

Many liberal political philosophers hold that the state should not impose or even promote any particular conception of the good life or human flourishing. It should not, for instance, enact laws and policies designed to elevate citizens' tastes, to refine their sensibilities or to perfect their characters. Instead, the state should restrict itself to maintaining a fair framework of rights and opportunities within which all citizens can pursue their own beliefs about what constitutes a good life. Against this (...) backdrop, Collis Tahzib develops a version of perfectionist political philosophy. Whereas previous perfectionists have argued that the promotion of flourishing ways of life is permissible or legitimate, Tahzib casts perfectionism as a doctrine of justice. On this view, the implementation of laws and policies designed to promote sound ideals of the good life--ideals such as moral, intellectual and artistic excellence--is not merely a legitimate complement to justice but an essential constituent of justice. Over the years, perfectionism has faced various objections: that it is premised on values and judgements that are controversial within modern pluralistic societies; that it is unduly restrictive of freedom or autonomy; that it treats citizens as if they are children, unable to run their own lives; that it expresses the meddlesome mentality of a village busybody; that it mistakenly assumes that there are objective truths about human flourishing; and that it risks the abuse of power by incompetent, overzealous or corrupt state officials. These ideas represent some of the deepest, most vibrant and most powerful strains in liberal thought. In defending perfectionism against these charges, the arguments in A Perfectionist Theory of Justice make a novel and important contribution to longstanding debates about the philosophical foundations of liberalism. (shrink)

Free political speech – understood as (1) the right to publicly criticize the government, (2) the right to represent theories and ideologies that are contrary to the ruling one, (3) the right to advocate political and institutional changes, etc. – is the speech that enables a fundamental distinction between democratic and non-democratic systems. As part of the discussions on free political speech, the discussions related to the very content of the freedom of political speech that incites rebellion against the political (...) order are particularly important; they advocate racism, hate speech or, for example, the disclosure of state secrets. In this context, we will open a discussion about the freedom of political speech in Rawls’s political liberalism with special emphasis on the idea of the public reason, and so that the discussion does not remain at the level of theoretical analysis, we will analyze Rawls’s understanding of the freedom of political speech additionally through the case of Trump vs. Twitter. (shrink)

This is a book that contrary to common practice, shows the commonalities of ancient and modern theories of freedom, law, and rational actions. Studying the works of the ancients is necessary to understanding those that follow. Thomas Chaimowicz challenges current trends in research on antiquity in his examination of Montesquieu's and Burk's path of inquiry. He focuses on ideas of balance and freedom. Montesquieu and Burke believe that freedom and balance are closely connected, for without balance within a state (...) there can be no freedom. When Montesquieu speaks of republics, he means those of antiquity as they were understood in the eighteenth century. In this view, freedom can develop only within the framework of established tradition. Edmund Burke's greatest service to political thought may lie in making use of this idea when he fought against the abstractions of the French Revolutionaries. Antiquity as the Source of Modernity examines Montesquieu's "Roman mind," meaning not an attitude influenced by the ancients, but one primarily influenced by Roman heritage. It speaks to the antithesis of monarchy and despotism in Montesquieu's thought and the influence of Tacitus and Pliny the Younger on him. The separation of powers and its relation to the concept of the mixed constitution as well as Montesquieu's smaller masterpiece Considerations on the Causes of the Grandeur and Decadence of the Romans are examined in detail. Finally, the discussion leads seamlessly to Burke, who, as a critical admirer of Montesquieu, partly incorporated his interpretation of the English constitution into his own thinking threatened by teachings of the French Revolution and its British adherents. The central idea of Antiquity as the Source of Modernity is timeless. It is that the ancient past can lead to a clearer understanding of what follows. This perspective represents a reversal of the conventional procedures for conducting this kind of research, but it is a reversal that Chaimowicz embraces in order to add a new dimension to the study and impetration of both Montesquieu and Burke. Thomas Chaimowicz was a distinguished visiting professor at the International Academy of Philosophy in the Principality of Liechtenstein and honorary professor of Roman Lay at the University of Salzburg. This is the final work commissioned by the late Russell Kirk for his efforts on behalf of the Transaction Library of Conservative Thought. (shrink)

In order to be exercised meaningfully, political freedom requires the capacity to actually identify available policy options. To ensure this, society ought to engage in deliberation as a discussion oriented towards mutual learning. In order to highlight this issue, I define deliberation in terms of the participants’ openness to preference change, i.e. the deliberative stance. In the context of the systemic approach to deliberative theory, I find several factors causing the atrophy of such a deliberative stance. I note that this (...) state can occur not only when debaters are representatives or are in the presence of an audience, but also when they face the prospect of a binding decision. It is the latter effect that is a serious challenge to the micro-deliberative strategy, one that strives towards decisional powers being granted to deliberative minipublics. Presenting my findings, I propose—as an alternative to the power-oriented ‘ladder of participation’—a distinction between traditional co-decision and deliberative consultation, the latter one being an environment that is more conducive to deliberative stance. This new typology highlights factors that lead to preference petrification and allows for the appreciation of the non-decisional character of micro-deliberation. All of it leads to the conclusion that, in order to preserve their deliberative character in the systemic context, deliberative minipublics should not always be required to have decision-making powers. (shrink)

My dissertation defends W.E.B. Du Bois’s philosophy of modern freedom, which he grounds in the historical reconstruction of the American civic community on the moral basis of free and equal citizenship. Rather than ascribe to him an elitist politics of racial ‘uplift’ and assimilation to Anglo- American folkways, I instead argue that he defends black moral and political autonomy for securing state power and civic equality. Additionally, he challenges both historical and the contemporary political philosophers, including John Rawls, Axel (...) Honneth, and Philip Pettit, to articulate the racial dimension of the development of a social order that actualizes the moral meaning of free and equal citizenship. In establishing his novel philosophy of freedom, I adduce three critical components: (1) Contra standard interpretations of Du Bois that claim he espouses a controversial racialist doctrine, I argue that his racialism is best understood as conceptualizing the ethical salience of racial difference in the context of a democratic plurality. In the light of dominant accounts of plurality that do not foreground race, pace Margaret Gilbert and John Rawls, Du Bois deemphasizes individuals’ free choice in social group formation. In accepting the importance of free choice, he stresses collective historical experience as furnishing the normative salience of racial identity, which prefigures individuals’ free choice. A racialist model of racial difference in a democratic plurality exacts the civic obligation to confront the historical legacy of slavery and Jim Crow. (2) In advancing the moral value of citizenship, Du Bois affirms the moral obligation of the modern American state to represent black interests from Reconstruction onwards. Drawing on G.W.F. Hegel’s normative theory of the modern state, I justify Du Bois’s analysis of postbellum federal policies concerning black freedmen and refugees of the Civil War. Du Bois observes that the Freedmen’s Bureau – established with the passage of the 1865 Radical Reconstruction Amendments – democratically facilitated a ‘social revolution’ by promoting the integration of black freedmen on the moral basis of free and equal citizenship under the aegis of the federal government. Implicit in his analysis is a normative commitment to representational government that in attending to the needs of the postbellum black community incorporates black political will in the public adjudication of the common good – a historically unprecedented phenomenon. (3) With the rise of Jim Crow, when the U.S. federal government skirted its moral obligation to defend black interests, Du Bois argues that the black church and college assumed a civic function. Habits of citizenship flourished there, affirming the moral agency of African Americans as American citizens. Inasmuch as these institutions groomed disenfranchised black citizens for the assumption of political power, I articulate the challenge they present to John Rawls, Axel Honneth, and Philip Pettit to chart the civic dimension of ‘private’ social institutions. Because they neglect to theorize the historical experience of racial subordination, their views of freedom omit a formulation of social cooperation guided by the notion of the civic within the institutional context of civil society. Specifically, their accounts of the interrelation between citizens, social institutions, and the modern state fail to capture the civic function of the black church and college during Jim Crow. Thus, Du Bois’s dynamic, institution-based account of freedom highlights the racial dimension in the historical contestation of the legitimate scope and ends of the American civic community. (shrink)

This study will examine how Dāvūd al-Qarṣī, an 18th-century Ottoman scholar, resolved the paradox between human freewill and God being the creator of everything in his work Risālâh fi’l-ikhtiyārāt al-juzʾiyyah wa’l-irādāt al-qalbiyyah. In addition, in this study, the critical edition and translation of the risālah will also be provided. The treatise which is the subject of the present study is a link in the series of works written under the title of human acts in the Islamic thought tradition regarding al-irādah (...) al-juzʾiyyah, afʿāl al-ʿibād, khalq al-aʿmāl, qaḍā, and qadar. This risālah is one of the rare examples prepared with the method of “mamzūj annotation (sharḥ)”, which is a method in which “text” and “annotation” are intertwined. Qarṣī examines in detail a total of seven views, four of which are famous (mashhūr) and three of which are non-famous, about voluntary acts. Qarṣī interprets the approaches and views of the non-famous sects and includes them in the famous sects and allocates approximately 4/3 of the work to these sects. In the final stage of the work, the author states that the view of Māturīdīs is parallel with the predecessor’s (Salaf) view of “Neither jabr nor tafwīḍ; rather, it is merely a situation between these two approaches.” Qarṣī, who was inspired by Athīrī Maḥmad Afandī (d. 1092/1681), says that voluntary acts come about by the sum of “two powers (qudrat)”, “two wishes (mashīʾat)” and “one taqwīn”. Also, according to this, the first four of them are proximate causes, while the attribute taqwīn is the influencing factor. Qarṣī acts from the meanings of the term action (fiʿl) and the “theory of state (ḥāl)” in order to prove that human beings are true agents (fāʿil) on the one hand and to protect God’s attribute of creation on the other. In fact, the concept of “state (ḥāl)”, used in understanding divine attributes and some ontological issues, was applied to acts by the Māturīdī mutakallim Ṣadr al-Sharīʿa al-Thānī (d. 747/1346). Thus, a doctrine of action was developed, and this doctrine was accepted and used by the later period Māturīdī mutakallims. With reference to Ṣadr al-Sharīʿa, Qarṣī tries to justify the issue based on the meanings of the the term action and the modes of existence of these meanings. He says that action has two implications; one of them is the “infinitive meaning” (al-maʿnā al-maṣdarī) and the other is “the thing that comes with this infinitive meaning (al-ḥāṣıl bi-maṣdar)”. The infinitive meaning of the act constitutes the “non-thing aspect” of the action, and the meaning of the action that is created with the infinitive indicates “the thing aspect” thereof. Thus, because the aspect of the action that is not existentand therefore not a thing is not subject to creation, the agency and responsibility of human beings are grounded. Similarly, Qarṣī maintains that the mashīʾat, which means will, qaṣd and al-irādah al-juzʾiyyah, was not created because its existence in humans is in the form of succession and it is of a state-like (ḥāl) existenceOn this account. Qarṣī manages to preserve both human freewill and the absolute creativity of God due to the non-existent and non-thing aspect of the act on the one hand, and will (irādah), mashīʾat and qaṣd not being subjected to creation on the other. (shrink)

One of the leading thinkers to emerge in the postwar conservative intellectual revival was the sociologist Robert Nisbet. His book The Quest for Community, published in 1953, stands as one of the most persuasive accounts of the dilemmas confronting modern society. Nearly a half century before Robert Putnam documented the atomization of society in Bowling Alone, Nisbet argued that the rise of the powerful modern state had eroded the sources of community—the family, the neighborhood, the church, the guild. Alienation (...) and loneliness inevitably resulted. But as the traditional ties that bind fell away, the human impulse toward community led people to turn even more to the government itself, allowing statism—even totalitarianism—to flourish. This edition of Nisbet’s magnum opus features a brilliant introduction by New York Times columnist Ross Douthat and three critical essays. Published at a time when our communal life has only grown weaker and when many Americans display cultish enthusiasm for a charismatic president, this new edition of The Quest for Community shows that Nisbet’s insights are as relevant today as ever. (shrink)

Procedural approaches to political legitimacy have become increasingly popular amongst liberals. According to such an approach, the legitimacy of a state decision is primarily derived from the processes followed in order to make that decision and not from the quality of the decision itself. The processes that liberals have in mind are typically those found within a system of democratic institutions. These electoral and legislative procedures are supposed to allow the state’s constitutive members to reach legitimately binding agreements (...) on how the state should exercise its power. In response to this trend in liberalism, this dissertation has two goals. The first is to argue that formal results in the social decision sciences seriously question the viability of these procedural approaches. The second goal, however, is to argue that these results do not necessitate complete abandonment of procedural approaches but require liberals to more carefully specify the sorts of agreements that legitimacy requires and what procedures may reliably produce such agreements. I ultimately agree that procedures are important for liberalism but they require more careful understanding and defense. In order to carry this project out, this dissertation is divided into five chapters. In the first two chapters, I outline a fairly standard account of liberalism while arguing that it contains a serious tension that liberal democratic institutions are supposed to resolve. The second chapter in particular seeks to explain the various ways in which the procedural aspects of democracy are particularly appealing in this respect. In the third chapter, I then present Arrow’s famous impossibility result along with other formal result from social choice theory suggesting that in certain situations there simply is no correct procedure for legitimate outcomes that the liberal state may employ. The fourth chapter responds to this concern by maintaining that there exists a symmetry between how an individual person and the liberal state make decisions, and that insights into individual decision making sheds light on how it may be done by a group of people in a liberal democracy. Finally, in the fifth chapter, I move in this direction by presenting an account of the sort of agreements between individuals that legitimacy ought to be grounded upon. Ultimately, procedures like voting remain an important aspect of liberal democracy for authorizing state action, though not necessarily for the reasons that many liberal democrats endorse. (shrink)

Storm surges, flooding, heatwaves, and prolonged drought, as ever more regular features of life under deteriorating climate conditions, are unmistakably violent. Their effects on the lives of vulnerable human populations and ecosystems across the world are widely known to be devastating. Yet a legal order that denies the victims of such ecological persecution safe haven, no matter how great its use of force (e.g., detention, arrest, forced return) cannot, by definition, be violent. The power of law, used to protect states’ (...) rights to exclude from their jurisdictions growing numbers displaced involuntarily by global climate harms, in being a source of ‘legitimate right’, is never the same as violence. This article challenges the ongoing validity of this assumption. It points to some of the ways in which legal instruments are used today to deny those displaced by climatic conditions sufficient normative status to guarantee their safety. What is needed instead is a new critical normative understanding of the evolving relationship between climate change, violence, justice, and law, one that re-assesses the democratic justificatory grounds for the current positions of non-responsibility for the climate displaced whilst re-affirming such people’s legal and political status as equal co-members of the politically constituted international community of humanity. (shrink)