Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and (...) problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll. (shrink)

The author considers the way in which psychic life is generated by the social operation of power, and how that social operation of power is concealed and fortified by the psyche that it produces. Power is no longer understood to be 'internalized' by an existing subject, but the subject is spawned as an ambivalent effect of power, one that is staged through the operation of conscience. To claim that power fabricates the psyche is also to claim that there is a (...) fictional and fabricated quality to the psyche. The figure of a psyche that 'turns against itself' is crucial to this study, and offers an alternative to describing power as 'internalized'. Although most readers of Foucault eschew psychoanalytic theory, and most thinkers of the psyche eschew Foucault, the author seeks to theorize this ambivalent relation between the social and the psychic as one of the most dynamic and difficult effects of power. (shrink)

The book constitutes a reconsideration of her earlier view on gender performativity from Gender Trouble. In this work, the critique of gender norms is clearly situated within the framework of human persistence and survival.

Dispossession describes the condition of those who have lost land, citizenship, property, and a broader belonging to the world. This thought-provoking book seeks to elaborate our understanding of dispossession outside of the conventional logic of possession, a hallmark of capitalism, liberalism, and humanism. Can dispossession simultaneously characterize political responses and opposition to the disenfranchisement associated with unjust dispossession of land, economic and political power, and basic conditions for living? In the context of neoliberal expropriation of labor and livelihood, dispossession opens (...) up a performative condition of being both affected by injustice and prompted to act. From the uprisings in the Middle East and North Africa to the anti-neoliberal gatherings at Puerta del Sol, Syntagma and Zucchotti Park, an alternative political and affective economy of bodies in public is being formed. Bodies on the street are precarious - exposed to police force, they are also standing for, and opposing, their dispossession. These bodies insist upon their collective standing, organize themselves without and against hierarchy, and refuse to become disposable: they demand regard. This book interrogates the agonistic and open-ended corporeality and conviviality of the crowd as it assembles in cities to protest political and economic dispossession through a performative dispossession of the sovereign subject and its propriety. (shrink)

In a series of memorable exchanges, three eminent theorists engage in a dialogue on central questions of contemporary philosophy and politics.

Projective contents, which include presuppositional inferences and Potts's conventional implicatures, are contents that may project when a construction is embedded, as standardly identified by the FAMILY-OF-SENTENCES diagnostic. This article establishes distinctions among projective contents on the basis of a series of diagnostics, including a variant of the family-of-sentences diagnostic, that can be applied with linguistically untrained consultants in the field and the laboratory. These diagnostics are intended to serve as part of a toolkit for exploring projective contents across languages, thus (...) allowing generalizations to be examined and validated crosslinguistically. We apply the diagnostics in two languages, focusing on Paraguayan Guaraní, and comparing the results to those for English. Our study of Paraguayan Guaraní is the first systematic exploration of projective content in a language other than English. Based on the application of our diagnostics to a wide range of constructions, four subclasses of projective contents emerge. The resulting taxonomy of projective content has strong implications for contemporary theories of projection, which were developed for the projective properties of particular subclasses and fail to generalize to the full set of projective contents. (shrink)

The celebrated author of _Gender Trouble_ here redefines Antigone's legacy, recovering her revolutionary significance and liberating it for a progressive feminism and sexual politics. Butler's new interpretation does nothing less than reconceptualize the incest taboo in relation to kinship -- and open up the concept of kinship to cultural change. Antigone, the renowned insurgent from Sophocles's _Oedipus,_ has long been a feminist icon of defiance. But what has remained unclear is whether she escapes from the forms of power that she (...) opposes. Antigone proves to be a more ambivalent figure for feminism than has been acknowledged, since the form of defiance she exemplifies also leads to her death. Butler argues that Antigone represents a form of feminist and sexual agency that is fraught with risk. Moreover, Antigone shows how the constraints of normative kinship unfairly decide what will and will not be a livable life. Butler explores the meaning of Antigone, wondering what forms of kinship might have allowed her to live. Along the way, she considers the works of such philosophers as Hegel, Lacan, and Irigaray. How, she asks, would psychoanalysis have been different if it had taken Antigone -- the "postoedipal" subject -- rather than Oedipus as its point of departure? If the incest taboo is reconceived so that it does not mandate heterosexuality as its solution, what forms of sexual alliance and new kinship might be acknowledged as a result? The book relates the courageous deeds of Antigone to the claims made by those whose relations are still not honored as those of proper kinship, showing how a culture of normative heterosexuality obstructs our capacity to see what sexual freedom and political agency could be. (shrink)

Deeply understood, democracy is more than a "formal" institutional framework for which America provides the model, acting as a preferable alternative to the modern totalitarian regimes that have distorted social life around the world. At its core, as John Dewey understood, democracy is a realistic ideal, a desired and desirable future possibility that is yet-to-be. In this period of global crises in differing cultures, a shared environment, and an increasingly globalized political economy, this book provides a clear contemporary articulation of (...) deep democracy that can guide an evolutionary deepening of democratic institutions, of habits of the heart, and of the processes of education and social inquiry that support them. (shrink)

Two decades of research on euthanasia in the Netherlands have resulted into clear insights in the frequency and characteristics of euthanasia and other medical end-of-life decisions in the Netherlands. These empirical studies have contributed to the quality of the public debate, and to the regulating and public control of euthanasia and physician-assisted suicide. No slippery slope seems to have occurred. Physicians seem to adhere to the criteria for due care in the large majority of cases. Further, it has been shown (...) that the majority of physicians think that the euthanasia Act has improved their legal certainty and contributes to the carefulness of life-terminating acts. In 2005, eighty percent of the euthanasia cases were reported to the review committees. Thus, the transparency envisaged by the Act still does not extend to all cases. Unreported cases almost all involve the use of opioids, and are not considered to be euthanasia by physicians. More education and debate is needed to disentangle in these situations which acts should be regarded as euthanasia and which should not. Medical end-of-life decision-making is a crucial part of end-of-life care. It should therefore be given continuous attention in health care policy and medical training. Systematic periodic research is crucial for enhancing our understanding of end-of-life care in modern medicine, in which the pursuit of a good quality of dying is nowadays widely recognized as an important goal, in addition to the traditional goals such as curing diseases and prolonging life. (shrink)

Two decades of research on euthanasia in the Netherlands have resulted into clear insights in the frequency and characteristics of euthanasia and other medical end-of-life decisions in the Netherlands. These empirical studies have contributed to the quality of the public debate, and to the regulating and public control of euthanasia and physician-assisted suicide. No slippery slope seems to have occurred. Physicians seem to adhere to the criteria for due care in the large majority of cases. Further, it has been shown (...) that the majority of physicians think that the euthanasia Act has improved their legal certainty and contributes to the carefulness of life-terminating acts. In 2005, eighty percent of the euthanasia cases were reported to the review committees. Thus, the transparency envisaged by the Act still does not extend to all cases. Unreported cases almost all involve the use of opioids, and are not considered to be euthanasia by physicians. More education and debate is needed to disentangle in these situations which acts should be regarded as euthanasia and which should not. Medical end-of-life decision-making is a crucial part of end-of-life care. It should therefore be given continuous attention in health care policy and medical training. Systematic periodic research is crucial for enhancing our understanding of end-of-life care in modern medicine, in which the pursuit of a good quality of dying is nowadays widely recognized as an important goal, in addition to the traditional goals such as curing diseases and prolonging life. (shrink)

In the debate about the nature of social cognition we see a shift towards theories that explain social understanding through interaction. This paper discusses autopoietic enactivism and the we-mode approach in the light of such developments. We argue that a problem seems to arise for these theories: an interactionist account of social cognition makes the capacity of shared intentionality a presupposition of social understanding, while the capacity of engaging in scenes of shared intentionality in turn presupposes exactly the kind of (...) social understanding that it is intended to explain. The social capacity in question that is presupposed by these accounts is then analyzed in the second section via a discussion and further development of Searle’s ‘sense of us’ and ‘sense of the other’ as a precondition for social cognition and joint action. After a critical discussion of Schmid’s recent proposal to analyze this in terms of plural pre-reflective selfawareness, we develop an alternative account. Starting from the idea that infants distinguish in perception between physical objects and other agents we distinguish between affordances and social affordances and cash out the notion of a social affordance in terms of “interaction-oriented representations”, parallel to the analysis of object affordances in terms of “action-oriented representations”. By characterizing their respective features we demonstrate how this approach can solve the problem formulated in the first part. (shrink)

What is immediately strange about Sartre’s controversial preface to Fanon’s The Wretched of the Earth is its mode of address. To whom is this preface written? Sartre imagines his reader as the colonizer or the French citizen who recoils from the thought of violent acts of resistance on the part of the colonized. Minimally, his imagined reader is one who believes that his own notions of humanism and universalism suffice as norms by which to assess the war for independence in (...) Algeria and similar efforts at decolonization. Sartre’s address to his audience is direct and caustic: “What does Fanon care whether you read his work or not? It is to his brothers that he denounces our old tricks”. At one point, he seems to take his implied readers aside, addressing the preface to them directly. (shrink)

Since its publication in 1990, Gender Trouble has become one of the key works of contemporary feminist theory, and an essential work for anyone interested in the study of gender, queer theory, or the politics of sexuality in culture.

The question of what makes a life livable is linked with the question, what makes for an inhabitable world. This last was not Scheler’s question, but it follows from the world that he describes, the world that he claims is exhibited through the tragic. When the world is an object immersed in sorrow, how is it possible to inhabit such a world? What about the persistence of uninhabitable sorrow? The answer lies less in individual conduct or practice than in the (...) forms of solidarity that emerge, across whatever distance, to produce the conditions for inhabiting the world. (shrink)

This paper contributes data from Paraguayan Guaraní (Tupí-Guaraní) to the discussion of how temporal reference is determined in tenseless languages. The empirical focus of this study is on finite clauses headed by verbs inflected only for person/number information, which are compatible only with non-future temporal reference in most matrix clause contexts. The paper first explores the possibility of accounting for the temporal reference of such clauses with a phonologically empty non-future tense morpheme, along the lines of Matthewson’s (Linguist Philos 29:673–713, (...) 2006 ) analysis of a similar phenomenon in St’át’imcets (Salish). This analysis is then contrasted with one according to which temporal reference is not constrained by tense in Paraguayan Guaraní, but only by context and temporal adverbials. A comparison of the two analyses, both of which are couched in a dynamic semantic framework, suggests empirical and theoretical advantages of the tenseless analysis over the tensed one. The paper concludes with a discussion of cross-linguistic variation of temporal reference in tensed and tenseless languages. (shrink)

Randomized experiments, as developed by Esther Duflo and Abhijit Banerjee at the Abdul Latif Jameel Poverty Action Lab, offer a novel, evidence-based approach to fighting poverty. This approach is original, in that it imports the methodology of clinical trials for application in development economics. This paper examines the analogy between J-PAL’s field experiments in development economics and randomized controlled trials in medicine. RCTs and randomized field experiments are commonly treated as identical, but such treatment neglects some of the major distinguishing (...) features that make each experiment specifically apt for use in its respective field. The central claim of this paper is that the analogy between medicine and development economics is incomplete because the central dimensions of RCTs are not simply different but altogether lacking in J-PAL’s approach. This weakens both the political and the theoretical power of such experiments in development economics. (shrink)

Heidegger's Eschatology is a ground-breaking account of Heidegger's early engagement with theology, from his beginnings as an anti-Modernist Catholic to his turn towards an undogmatic Protestantism and finally to a resolutely a-theistic philosophical method.

The deconstruction of all 'principled positions' creates a value vacuum which, in turn, leads to a state of ethical and political paralysis. The contributors to Principled Positions ponder these dilemmas and try to build bridges between the modernist absolutes of truth, value and justice and the anti-totalising spirit of postmodernism.

Foucault proposes at the end of the first volume of The History of Sexuality to shift the focus of sexual studies from sex-desire to bodies and pleasures. This article seeks to establish what he means by this shift, how he proposes it be made, and what the consequences are for thinking about sexuality together with `sex'. Foucault's shift involves a historiographical claim about the superability of the recent past, and can be read as an effort to relegate the concerns about (...) sexual difference and kinship to the past, and to establish a contemporary field for sexuality that involves bodies without history, pleasures without sex. The article suggests a way around this questionable historiographical assumption and marks a different departure for a Foucauldian study of sexuality. It also seeks to highlight some of the contemporary tensions between feminist and lesbian and gay studies, especially queer studies, in light of this reading of Foucault. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Understanding and Experience of Compassion:Aquinas and the Dalai LamaJudith BaradHis Holiness the fourteenth Dalai Lama writes that the essence of Mahayana Buddhism is compassion.1 Although most people recognize compassion as one of the most admirable virtues, it is not easy to find discussions of it by Christian theologians. Instead, Christian theologians tend to discuss charity, a virtue infused by God into a person. Some of these theologians, such (...) as Cardinal Henri de Lubac,2 insist that Christian charity and Buddhist compassion are very different from each other. Are they correct? A good source to investigate this claim is in Aquinas's Summa Theologica, which contains a very developed discussion of charity. If we look at Aquinas's text and compare it to what the current Dalai Lama writes about compassion, we will recognize that they are discussing the same virtue. Moreover, by combining the insights from East and West, as expressed by the thoughts of the current Dalai Lama and St. Thomas Aquinas, we can achieve a better grasp of compassion so that we can more easily practice it in our daily lives. Though remarkably similar, the two accounts offer differing perspectives, which can be incorporated for mutual enrichment.Much of Aquinas's philosophy of compassion derives from his Christian beliefs, just as much of the Dalai Lama's teachings on compassion are based on Tibetan Buddhism. This explains some of the differences in their accounts. Unlike Christians, Buddhists neither believe in a personal God nor in a soul. Yet despite their theological differences, Aquinas and the Dalai Lama generally share a very similar view of compassion. In fact, one could well imagine Aquinas agreeing with the Dalai Lama who, after acknowledging his religious influence, writes that his goal is "to appeal for an approach to ethics based on universal rather than religious principles."3 It is appropriate, therefore, to begin by considering the similarities in their accounts of compassion, starting with their definitions of compassion. [End Page 11]DefinitionsEtymologically, the word "compassion"—compassio—comes from two Latin words: com means "with" and pati means "suffer." Literally, then, "compassion" means "to suffer with." Aquinas discusses compassion as an interior effect of charity, a theological virtue. It is interior because compassion is felt within the person who has charity. The cause of compassion, charity, Aquinas describes as the friendship between God's children and God Himself. Although Aquinas wrote prolifically on the subject of charity, someone could overlook his writing on compassion because he discusses it under the term "mercy." Diana Fritz Cates, for instance, who draws on an Aristotelian-Thomistic ethical framework to develop a theory of compassion, observes, "Aristotle and Thomas have little to say about compassion: hence, it will not be helpful to begin with their accounts."4 However, Aquinas uses the word misericordia (mercy) as a synonym of compassio (compassion). The synonymous relationship between compassion and mercy is also recognized by the Dalai Lama, who affirms, "Mercy and compassion are the same."5Aquinas defines mercy as "heartfelt sympathy for another's distress, impelling us to succor him if we can." If we experience this heartfelt sympathy, we're not discouraged if the person we try to help doesn't respond. Explicitly connecting mercy and compassion, Aquinas add that mercy, misericordia, gets its name "from denoting a person's compassionate heart (miserum cor) for another's unhappiness."6 The concept of "another's unhappiness" is important to his discussion. A necessary condition of being happy, in Aquinas's view, is that an individual must obtain what he or she wishes. Conversely, someone is unhappy when he suffers what he doesn't wish to suffer. Aquinas maintains that the suffering produced by one's frustrated desire for what he or she perceives as good is a sufficient condition for evoking mercy. In regard to the merciful response, it shouldn't matter what the suffering person perceives as good. So long as the person is suffering what he doesn't wish to suffer, this person should be treated mercifully. Suppose a teenager suffers from being unpopular with his peers. Although the compassionate person may not value popularity, she should extend compassion to the... (shrink)

This article examines three terms associated with the take-up of Foucault’s analysis of the biopolitical, namely identity, nature and life. It argues that Foucault opposes their reduction respectively to sameness, to origin, or to some primordial force. These reductions not only fall into species of metaphysics, they fail to recognize the integration of difference and of constitutive relationality in Foucault’s conceptualization of the process of subjectivation and becoming as historically dynamic and mobile. The article emphasizes the importance of historicization and (...) of a constructive genealogy in Foucault’s approach, running counter to metaphysics, and opening new avenues for political action based on the recognition of the interiority of resistance to dispositifs of power and of the creative force in individuation. (shrink)

This interview with the philosopher Bernard Stiegler was conducted in Paris on 28 January 2015, and first appeared in Dutch translation in the journal De uil van Minerva. The conversation begins by discussing the fundamental place occupied by the concept of ‘technics’ in Stiegler’s work, and how the ‘constitutivity’ of technics does and does not relate to Kant and Husserl. Stiegler is then asked about his relationship with Deleuze, and he responds by focusing on the concept of quasi-causality, but also (...) by arguing that there is a certain trajectory in Deleuze’s thought, situating his own philosophy in relation to its various moments. Stiegler is then asked to respond to the Charlie Hebdo terrorist attacks carried out three weeks prior to the interview. After making a couple of precautionary remarks, Stiegler relates such occurrences to the problem of what he calls ‘spiritual poverty’, to the intensification of ‘negative sublimation’ that can occur when there is a disconnection between the generations, and more generally to the growth of nihilism. All of these phenomena relate to the exploitation of technology by a virulent capitalism that irrationally believes that only the market is rational. After consideration of the complex historical relationship between Islam and modernization, and of both of these to Nietzsche’s ‘death of God’, and after recalling the destructive role played by the West in the rise of fundamentalism and jihadism, Stiegler concludes by reflecting on the fact that, ultimately, ‘intellectuals’ have failed to use technologies in ways that produce alternatives to consumerism. (shrink)