The visual arts offer refreshing and novel resources through which to understand the representation, power, ideology and critique of law. This vibrantly interdisciplinary book brings the burgeoning field to a new maturity through extended close readings of major works by artists from Pieter Bruegel and Gustav Klimt to Gordon Bennett and Rafael Cauduro. At each point, the author puts these works of art into a complex dance with legal and social history, and with recent developments in legal and art theory. (...) Manderson uses the idea of time and temporality as a focal point through which to explore how the work of art engages with and constitutes law and human lives. In the symmetries and asymmetries caused by the vibrating harmonic resonances of these triple forces - time, law, art - lies a way of not only understanding the world, but also transforming it. (shrink)

This is a series of reflections on the aesthetic dimensions of law (how it is presented and conveyed to its subjects) and justice (the ways in which justice can be aesthetically satisfying or dissatisfying).

The relationship between tort law jurisprudence and the ethics and phenomenology of Emmanuel Levinas.

In times of transition and transformation, legal images metastasize. This idea can be usefully related both to Winnicott’s theory of transitional objects and Barthes’ theory of myth. But each tell only part of the full story. Barthes fails to fully account for the stabilizing effect of the reassuring signifier; Winnicott fails to fully account for the ideological adaptability—and implications—of the shifting signified. The legal image unites the iterability of the signifier and the polysemy of the signified, harnessing the affective intensity (...) of the former to the cultural mobility of the latter. In this article, I propose to illustrate this insight by reflecting on two notable images of law that appeared at a moment of profound legal transformation, at the dawn of the early modern era. The images of ‘blind justice’ and ‘sol justitiae’ which the article discusses are both ‘transitional myths’, facilitating through modes of affect a legal journey into uncharted territory. Paying attention to these images and above all to their transformation over time, we can observe not only the process of legal transition at work, but the function of the image in its authorization and modalization. (shrink)

Emmanuel Levinas was one of the great writers on ethics of the 20th century. Now for the first time, this collection starts to think through exactly what challenges and problems are posed once we try to apply Levinas' ideas about ethics to law. Essays on Levinas and Law: A Mosaic injects Levinas' provocative thought right into the heart of living law, radically changing our understanding of both. It features a broad sweep of essays ranging from critical reflections on the connection (...) between ethics and justice, to specific discussions of the effect that Levinas' ideas might have on our thinking about immigration, or international law, or political identity, or justice. For those interested in philosophy and ethics, this book insists that our legal institutions are not a dirty little secret but a crucial realm in which to test our ideas. For those interested in law, this book insists that ethics is not a dirty little secret but a crucial realm by which to assess our structures and policies. For all interested readers, Essays on Levinas and Law does not intend to fulfill a need but to awaken one. (shrink)

Legal theorist Desmond Manderson and Shakespearean Paul Yachnin develop parallel arguments that seek to restore a public dimension of responsibility to literary studies and a private dimension of responsibility to law. Their arguments issue from their work as the creators of the Shakespeare Moot Court at McGill University, a course in which graduate English students team up with senior Law students to argue cases in the “Court of Shakespeare,” where the sole Institutes, Codex, and Digest are comprised by (...) the plays of Shakespeare. Yachnin argues that modern literary studies suffers from impermanence and isolation from real-world concerns and that it can redress these limitations—developing attributes of corrigibility, temporality, judgment, and publicity—by learning from law. Manderson finds that modern legal judgment is bereft of affective engagement with the subjects of law and wedded to an ideal of objectivity, regulation, and impersonality. Literature can restore to legal judgment the elements of narrative, character, context, and self-reflection. Together, the essays argue that the question of judgment, so integral to the disciplines of law and of literature, needs the renewal that an interdisciplinary engagement provides. (shrink)

“Every culture is first and foremost a particular experience of time” Giorgio Agamben, History and Infancy: the Destruction of Experience, trans. Liz Heron, Verso, 1993, p. 91 Desmond Manderson’s book, Danse Macabre, is an essential read which reminds us that “the visual and spectacular are indispensable elements of how we come to know and are known by politics, law, and regulation”. It presents remarkable research on visual representations of the law, achieving the difficult task of...

In this article I analyse the extent to which there has been a shift in the cultural turn in legal scholarship and specifically from visual to what I call material jurisprudence, that is from visual to material ways of knowing law. I do so through an analysis of Desmond Manderson’s edited collection, Law and the Visual: Representations, Technologies, Critique, and Katherine Biber’s monograph, In Crime’s Archive: The Cultural Afterlife of Evidence. Inspired by the material turn in the arts (...) and humanities I apply a material lens as defined by historians of emotions working within this turn to these books. Using this lens, I analyse the extent to which the authors conceptualise and analyse their primary sources in material terms. In so doing it is my intention to encourage scholars of visual jurisprudence to consider the multisensorial nature of law by considering the material as a constitutive part or instead of the visual as has happened elsewhere in the arts, humanities and social sciences, as well as to do so with greater specificity and depth. (shrink)

This article engages with Desmond Manderson's recent book, Proximity, Levinas and the Soul of Law. I begin by examining a vexed topic in Levinas scholarship: namely, the very possibility of a Levinasian legal theory. Manderson makes a constructive and, I think, important contribution to this question, insisting that Levinas does not require us to segregate the domains of ethics and law, as some interpreters have suggested. This basic issue provides us with a springboard to explore two other (...) themes in Manderson's reading of Levinas. The first concerns the relationship between self- and other-oriented approaches to ethical and legal discourse; the second, the role of ethical experience in informing and shaping judicial reasoning. (shrink)

The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the (...) many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a 'must read' that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture and Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law's representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities and the Arts, Australian National University, Australia. (shrink)

Science can reveal or conceal the breathtaking wonders of creation. On one hand, knowledge of the natural world can open us up to greater love for the Creator, give us the means of more neighborly care, and fill us with ever-deepening astonishment. On the other hand, knowledge feeding an insatiable hunger for epistemic mastery can become a means of idolatry, hubris, and damage. Crucial to world-respecting science is the role of wonder: curiosity, perplexity, and astonishment. In this volume, philosopher William (...) Desmond explores the relation of the different modes of wonder to modern science. Responding to his thought are twelve thinkers across the domains of science, theology, philosophy, law, poetry, medicine, sociology, and art restoration. (shrink)

William Desmond's misgivings regarding Hegel's take on God leads the reader through Hegel's writings to reveal a path that leads anywhere but to God. The author believes that an idol is no less an idol constructed from thought as constructed from gold.

Distrust in scientific experts can be surprisingly stubborn, persisting despite evidence supporting the experts’ views, demonstrations of their competence, or displays of good will. This stubborn distrust is often viewed as a manifestation of irrationality. By contrast, this article proposes a logic of “status distrust”: low-status individuals are objectively vulnerable to collective decision-making, and can justifiably distrust high-status scientific experts if they are not confident that the experts do not have their best interests at heart. In phenomena of status distrust, (...) social status is thus an indicator of distrust, and this has wider implications for the literatures on trust in science and on expert communication. (shrink)

ABSTRACT Academic dishonesty has been found to be on the increase globally, affecting the quality of education, ethics of professional practices and career outcome. Substantial literature exists on the role of religious commitment in reducing academic dishonesty, but few or no studies have examined the pathways explaining this link. The present study examined whether self-efficacy mediates the relationship between RC and AD. Undergraduates of the University of Nigeria, Nsukka completed the Academic Dishonesty Scale, Religious Commitment Inventory and New General Self-Efficacy (...) Scale and also provided relevant demographic information. Results of statistical analysis indicated that RC was negatively associated with AD. Self-efficacy was also a partial mediation in the relationship between RC and AD. This implies that self-efficacy contributes to the pathways through which RC influences AD among students. Our findings suggest that consideration of students’ level of self-judgment on their ability to cope with academic demands may be an important target toward enhancing the influence of RC in reducing academic dishonest behaviors among students. (shrink)

An important, but relatively neglected, aspect of human theory of mind is emotion inference: understanding how and why a person feels a certain why is central to reasoning about their beliefs, desires and plans. The authors review recent work that has begun to unveil the structure and determinants of emotion inference, organizing them within a unified probabilistic framework.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hegel’s Theory of Self-Conscious Life by Guido SeddoneWill DesmondSEDDONE, Guido. Hegel’s Theory of Self-Conscious Life. Leiden: Brill, 2023. 155 pp. Cloth, $138.00Guido Seddone’s monograph explores an ensemble of issues centering on what he terms Hegelian “naturalism.” He argues that “Hegel’s philosophy represents a novel version of naturalism since it stresses the mutual dependence between nature and spirit, rather than just conceiving of spirit as a substance emerging and (...) separating from bodily natural requisites.” Seddone avoids scholarly exegeses to address instead “theoretical and systematic aspects of the Hegelian philosophy.” He focusses on “life” and “self-consciousness” as the conceptual keys to those parts of Hegel that remain compelling for relevant contemporary debates. “This book is, therefore, based on the dialogue between Hegel [End Page 361] and contemporary thinkers and strives to enhance our understanding of theoretical and practical issues and to widen the grammar of the philosophical thought.” The book’s chapters proceed from the more abstract to the more concrete—essentially from issues of logic, epistemology, and psychology to morality, society, and history.Chapter 1 (“Science of Logic: The Logical Premises of Hegel’s Naturalism”) argues that the categories of “Teleology” and “Life” in Hegel’s Science of Logic mark the critical transition in his naturalism from the sciences of physics (“Mechanism”) and chemistry (“Chemism”) to biology, as well as from external nature to inner self-consciousness and cognition. Seddone helpfully points to Hegel’s revisions of Kant’s subordination of teleological language (merely heuristic) to mechanical explanation. Most promising is the comparison of the “self-referring negativity” of Hegelian “life” to discussions by Evan Thompson and Francisco Varela of the cell—whose permeable membrane enables it to be more than its merely chemical environment.Chapter 2 (“Self-Consciousness”) takes a rather bird’s-eye approach to the Phenomenology of Spirit, offering a basic reading of Hegelian self-consciousness and Geist in relation to the Cartesian cogito and Kantian unity of apperception. Scattered remarks about animal desire and the master–slave relation could be clarified to better explore a naturalistic basis of the Hegelian conception of mind. One is struck by the dearth of specific texts from the section “Self-Consciousness”: Seddone seems content with some well-known quotations (for example, Geist as an “I that is We and We that is I”) punctuating large generalizations.Chapter 3 does not quite live up to its title (“The Hegelian Theory about the (Human) Biological Organism”) in that it focuses primarily on Hegel’s “treatise about habits” in the Encyclopaedia of the Philosophical Sciences. Here habit is construed as a second nature, and hence a further step toward self-conscious, relational mind: Habits are “universal ways of the soul, i.e. ways in which individual soul [sic] incorporates feelings by evolving general rules and practices.”The last section of chapter 4 (“Extended and Embodied Mind”) reverts to habits as moments of the feeling soul but dissociates Hegel’s notion of Verleiblichung from contemporary discussions of embodied mind. By contrast, Seddone argues for retranslating Hegelian Geist as “common mind” and juxtaposes this with the related concept of mind (in, for example, Philip Pettit) as “extended” through social entities, with the result that Hegel’s approach is praised as “the state-of-the-art of this topic.”Chapter 5 (“Natural and Self-conscious Agency”) is perhaps the clearest chapter as it presents the dialectic of the abstractly universal will in the initial sections of Philosophy of Right, links this and the Hegelian conception of free agency to his logical category of “actuality,” and proceeds to an illuminating contrast of the Hobbesian and Hegelian visions of society and state. [End Page 362]In tackling attempts to reconcile “Normativity and Freedom,” chapter 6 spends over six pages rehearsing the basics of Kantian autonomy before turning to Hegel’s Phenomenology of Spirit, specifically the master–slave dialectic (again) as the critical moment in the evolution of social norms. “My thesis is that self-conscious life needs recognition in order to achieve the higher form of independence created by social acknowledgement and justification, what [sic] fosters the condition for an authoritative reason that can be socially... (shrink)

Godsends is William Desmond's newest addition to his masterwork on the borderlines between philosophy and theology. For many years, William Desmond has been patiently constructing a philosophical project-replete with its own terminology, idiom, grammar, dialectic, and its metaxological transformation-in an attempt to reopen certain boundaries: between metaphysics and phenomenology, between philosophy of religion and philosophical theology, between the apocalyptic and the speculative, and between religious passion and systematic reasoning. In Godsends, Desmond's newest addition to his ambitious masterwork, (...) he presents an original reflection on what he calls the "companioning" of philosophy and religion. Throughout the book, he follows an itinerary that has something of an Augustinian likeness: from the exterior to the interior, from the inferior to the superior. The stations along the way include: a grappling with the default atheism prevalent in contemporary intellectual culture; an exploration of the middle space, the metaxu between the finite and the infinite; a dwelling with solitudes as thresholds between selving and the sacred; a meditation on idiot wisdom and transcendence in an East-West perspective; an exploration of the different stresses in the mysticisms of Aurobindo and the Arnhem Sermons; dream monologue of autonomy, a suite of Kantian and post-Kantian variations on the story of the prodigal son; a meditation on the beatitudes as exceeding virtue, in light of Aquinas's understanding; culminating in an exploration of Godsends as telling us something significant about the surprise of revelation, in word, idea, and story. Godsends is written for thoughtful persons and scholars perplexed about the place of religion in our time and hopeful for some illuminating companionship from relevant philosophers. It will also interest students of philosophy and religion, especially philosophical theology and philosophical metaphysics. (shrink)

René Descartes is best remembered today for writing 'I think, therefore I am', but his main contribution to the history of ideas was his effort to construct a philosophy that would be sympathetic to the new sciences that emerged in the seventeenth century. To a great extent he was the midwife to the Scientific Revolution and a significant contributor to its key concepts. In four major publications, he fashioned a philosophical system that accommodated the needs of these new sciences and (...) thereby earned the unrelenting hostility of both Catholic and Calvinist theologians, who relied on the scholastic philosophy that Descartes hoped to replace. His contemporaries claimed that his proofs of God's existence in the Meditations were so unsuccessful that he must have been a cryptic atheist and that his discussion of skepticism served merely to fan the flames of libertinism. This is the first biography in English that addresses the full range of Descartes' interest in theology, philosophy and the sciences and that traces his intellectual development through his entire career. (shrink)

The temptation in clinical research to sacrifice the interests, the health, and sometimes even the lives of research subjects to the advancement of the interests of science and society, and to the advancement of researchers' own careers, is a hardy weed which can grow anywhere. Pursuant to a commendable EU Directive a new law, the Medicines for Human Use (Clinical Trials) Regulations 2004 was brought into effect in the UK. That law makes it illegal for anyone to start a clinical (...) trial unless a Research Ethics Committee has expressed a favourable opinion upon its protocol. It gives to Research Ethics Committee members the legal power, and imposes upon them the legal duty, to protect research subjects from those who have strong financial and other temptations to mistreat them. The new law specifies what standard of protection the Research Ethics Committee members shall insist upon. The Royal College of Physicians, which has been reluctant to declare its own conflicting interests, in 2007 issued some guidelines which it hopes Research Ethics Committee members will follow. Those Guidelines on the practice of ethics committees in medical research with human participants urge Research Ethics Committee members to express a favourable opinion of clinical trials which they believe, for example, do not give to research subjects the protection the new law demands. But Research Ethics Committee members have a clear legal duty not to follow any course of conduct calculated to subvert the excellent and necessary 2004 law. (shrink)

In 2001, I experienced severe radial neuropathy, leading to permanent dysfunctions in the fingers of my left hand. In this personal account of nerve damage, medical and surgical treatment, and adaptation, I first describe the sequence of neuropathies, then turn to how through serendipity, the brace enabled other connections—nervelines—with individuals and places. The brace is a metonym of a severed nerve with its associated loss of movement and capacity; it is also both a functional orthotic and an affordance. It carries (...) me forward, activating other nervelines and networks to make things happen. I write of literal and metaphoric nerves, evolving connectivities, and fiber lines, thought lines and collaborations. I then extend the idea of nervelines and networks to global connnections; I emphasize how the organization of labor, the distribution of goods and services, and the expectations of workers shape body histories and life outcomes. (shrink)

This paper is a study of ethics – in practice. It examines how people in the world, and more particularly in rich countries, have responded to the ethical challenges associated with recent crises: climate change, COVID-19 and international migration. What has been the nature of the discourse? What international agreements have been made? Have they, in practice, been followed up? The evidence is that – in practice – nations, and by implication their citizens, have displayed very little obligation to those (...) beyond their boundaries. A few exceptions may, however, be noted; where citizens of ‘nearby’ countries receive preferential treatment. (shrink)

We propose that measures of information integration can be more straightforwardly interpreted as measures of agency rather than of consciousness. This may be useful to the goals of consciousness research, given how agency and consciousness are “duals” in many (although not all) respects.

This book analyses the concept of scientific explanation developed by French disciples of Descartes in the period 1660-1700. Clarke examines the views of authors such as Malebranche and Rohault, as well as those of less well-known authors such as Cordemoy, Gadroys, Poisson and R'egis. These Cartesian natural philosophers developed an understanding of scientific explanation as necessarily hypothetical, and, while they contributed little to new scientific discoveries, they made a lasting contribution to our concept of explanation--generations of scientists in subsequent centuries (...) followed their lead. (shrink)

The primary aim of this paper is to accentuate those features that distinguish Levinasian ethics from the egoism that prevails in management thought. It focuses on differences in the constitution of the subject, how Levinas seeks an ethics that goes beyond the subjective point of view that structures the self as being self-present, self-interested, free and systematic and relates to others through this perspective. Levinas's concepts are critically discussed by reading these alongside Jacques Lacan and Adam Smith, which enable observations (...) to be made about Levinas's concept of the Same and about the difference he effects between human and the nonhuman. It is concluded that it can be easy to misread Levinas in key respects in ways that may act to assimilate his thought to egoism. (shrink)

An original work which rethinks the question of God in a constructive spirit, drawing its conclusions by considering ideas received from both philosophy and religion. Makes an important new contribution to the ongoing scholarly debates surrounding the intersection of philosophy and religion Suggests that this junction is not just dictated by religion having to prove its credentials to rational philosophy, but that it is also a matter of philosophy wondering if religion is the ultimate partner in dialogue Includes discussion of (...) a wide range of significant thinkers, both traditional and contemporary, such as Plotinus, Spinoza, Kant, Hegel, and Nietzsche and his successors Completes a trilogy of works by William Desmond, complementing its companion volumes, _Being and the Between_ and _Ethics and the Between._. (shrink)

Desmond explores perplexity regarding ultimacy--the metaphysical perplexity that precedes and exceeds scientific and commonsense curiosity.

Kant’s Critique of Pure Reason (KrV) presents a priori knowledge of synthetic truths as posing a philosophical problem of great import whose only possible solution vindicates the system of transcendental idealism. The work does not accord any such significance to a priori knowledge of analytic truths. The intelligibility of the contrast rests on the well-foundedness of Kant’s analytic–synthetic distinction and on his claim to objectively or correctly classify key judgments with respect to it. Though the correctness of Kant’s classification is (...) vital to his philosophical project, it has been vigorously challenged since he introduced his famous distinction of judgments. The aim of this essay is to explore several metaphysical motives contributing to Kant’s objective classification claim that have been underemphasized and in part overlooked in the large literature on the topic. (shrink)

Descartes is possibly the most famous of all writers on the mind, but his theory of mind has been almost universally misunderstood, because his philosophy has not been seen in the context of his scientific work. Desmond Clarke offers a radical and convincing rereading, undoing the received perception of Descartes as the chief defender of mind/body dualism. For Clarke, the key is to interpret his philosophical efforts as an attempt to reconcile his scientific pursuits with the theologically orthodox views (...) of his time. (shrink)

Members of a National Health Service, or other recognised Research Ethics Committee (REC), in deciding whether or not to withhold their assent for a clinical trial, must obey the law. If they do not do so, then they may become liable to pay personally negligence claims made by injured trials subjects. It could be no defence to say that members had consulted their own lower ethical standards; or merely that they had acted in good faith; or that they had followed (...) Department of Health (DH) guidelines, which do not have the force of law. The law requires that the rights, safety, and well-being of clinical trial subjects shall prevail over other interests. REC favourable opinion is a powerful endorsement of a trial, and prospective subjects are invited to rely upon it. REC members are legally bound to exercise their power to withhold assent to any clinical trial which does not give subjects the protection the law requires. (shrink)

The debate on enhancement ethics cannot escape some of the deeper questions troubling the concept of personhood. That is, in a sentence, my reading of Robert Sparrow’s target article (Sparrow 2022)...

William Desmond - Knowledge of Things Human and Divine: Vico's New Science and Finnegans Wake - Journal of the History of Philosophy 43:3 Journal of the History of Philosophy 43.3 362-363 Donald Phillip Verene. Knowledge of Things Human and Divine: Vico's New Science and Finnegans Wake. New Haven: Yale University Press, 2003. Pp. xiv + 264. Cloth, $45.00. This is an outstanding book written with elegance and verve, packed with erudition and delivered with wit. It offers insight into both (...) Joyce and Vico in their distinctiveness and in the mutual light they throw on each other. Verene outlines what is peculiar to his own approach in the following way. In the early part of the twentieth century the influence of Croce on the study of.. (shrink)

Addresses the end of art and the task of metaphysics.

William Desmond sees religion, art, philosophy, and politics as essential and distinctive modes of human practice, manifestations of an intimate universality that illuminates individual and social being. By observing their permeable relations, Desmond captures notes of a clandestine conversation that transforms ontology.