The basic problem affecting humanitarian law today remains that of its implementation. As of now, requests made by individuals before national courts to assess the compatibility of certain acts with international humanitarian law failed. The present case study and commentaries focus on the decision of a German civil court sitting Bonn to deny the victims of a NATO air raid the right to sue Germany and claim compensation for alleged violations of international humanitarian law.

Leopoldo Zea was one of the most influential philosophers of the twentieth century. Though in English-language scholarship Zea is known primarily as a historian of ideas, his philosophical producti...

In 1813 Isaak von Sinclair published a poem entitled “The New Acquaintance.” It recounts a meeting between himself, his friend Friedrich Hölderlin, and one other unidentified guest whom Sinclair awaited with keen anticipation. Because of Hölderlin’s well established friendship with Hegel it has been assumed in the past that the unknown acquaintance was in fact Hegel. However, at the time to which the poem refers, Hegel was a relatively obscure and unknown figure with no reputation. If we are therefore to (...) accept that the poem does indeed allude to Hegel then we must assume that Sinclair, as early as 1813, had recognized Hegel’s genius and wanted retrospectively to associate his name with the newly rising star of German philosophy. In that case we must ask why he refrained from mentioning Hegel by name or at least making the character of the unknown unambiguously clear? In translating this poem for the first time into English I offer for consideration another candidate as the “acquaintance,” namely, Wilhelm Heinse. (shrink)

The processes associated with globalization have reinforced and even increased prevailing conditions of inequality among human beings with respect to their political, economic, cultural, and social opportunities. Yet-or perhaps precisely because of this trend-there has been, within political philosophy, an observable tendency to question whether equality in fact should be treated a as central value within a theory of justice. In response, I examine a number of nonegalitarian positions to try to show that the concept of equality cannot be dispensed (...) with in any adequate consideration of justice. (shrink)

In the eleventh of his Antiquarian Letters, Gotthold Ephraim Lessing discusses a phrase from Lucian's description of the painting by Zeuxis called A Family of Centaurs: ‘at the top of the painting a centaur is leaning down as if from an observation point, smiling’. ‘This as if from an observation point, Lessing notes, obviously implies that Lucian himself was uncertain whether this figure was positioned further back, or was at the same time on higher ground. We need to recognize the (...) logic of ancient bas-reliefs where figures further to the back look over those at the front, not because they are actually positioned above them but because they are meant to appear as if standing behind.'1 · 1. The passage is in George Lessing, Briefe, antiquarischen Inhalts, p. 81. Panofsky's discussion does not note that the original text of Lucian makes clear that what is described is a copy of the original painting. This means that some of the issues of misunderstanding situated by Lessing and Panofsky in Lucian's court may in principle be attributable to the copyist. This makes no difference to the conceptual thrust of Panofsky's case.—Trans. (shrink)

This text gives an account of the experience of reading Clarice Lispector’s Água Viva in the form of a brief dialogue with the text. It foregrounds the writing voice’s address of a second person and the attention this address brings to the acts of writing and reading that hold the two pronouns in relation, producing at once an infinite and nonexistent distance from being to being. The dialogue observes Lispector’s insistent return to the formulation “atrás do pensamento,” which has been (...) translated into English as “beyond thought” and can also be translated as “behind-thought” or as the background of thought, in a more spatial sense. Nancy reads the translation into French, where this spatial nuance is preserved, in consultation with Lusophone interlocutors about the specificities of the Portuguese original. The dialogue interrogates the link across this dimension, the recurrence of the pronoun it in the original Portuguese version of Água Viva, and the acts of writing and reading a text that brings awareness to a living, pulsing, ongoing, and escaping instant beyond meaning that is nonetheless the cause of the address in the first place. The dialogue follows the thread of this movement as it slips out behind thought, where Água Viva meets other books attuned to the instant and in which the dialogue’s “I” feels their vitalizing effects. (shrink)

At this historical moment, few terms are as charged and powerful as the omnipresent term environment. It has become a strategic tool for politics and theories alike, crossed the borders of the disciplines of biology and ecology, and left the manifold field of environmentalism. This article explores the first steps on this path of expansion, in which the term becomes an argumentative resource and achieves a plausibility that transforms it into a universal tool. It is not self-evident to describe ubiquitous (...) media, cinematic spaces, or augmented realities as environments. To understand how the term gained this plausibility, it is necessary to distinguish it from two other terms: the French milieu and the German Umwelt. When these three terms substitute one another and are used as translations, they lose their historical specificity and depth, and three different theoretical and philosophical traditions merge into indifference. Consequently, a conceptual history of the term environment and its relation to milieu and Umwelt—as well as terms such as medium, atmosphere, ambiance, and climate—can help us to understand the potentials and dangers of the term’s plausibility. In this sense, the article argues for a new perspective on epistemologies of surrounding that relate that which surrounds to that which is surrounded. (shrink)

‘Language and End Time’ is a translation of Sections I, IV and V of ‘Sprache und Endzeit’, a substantial essay by Günther Anders that was published in eight instalments in the Austrian journal FORVM from 1989 to 1991 (the full essay consists of 38 sections). The original essay was planned for inclusion in the third (unrealised) volume of The Obsolescence of Human Beings. ‘Language and End Time’ builds on the diagnosis of ‘our blindness toward the apocalypse’ that was advanced (...) in the first volume of The Obsolescence in 1956. The essay asks if there is a language that is capable of making us fully comprehend the looming ‘man-made apocalypse’. In response to this, it offers a critique of philosophical jargon and of the putatively ‘objective’ language of (nuclear) science, which are both dismissed as unsuitable. Sections I, IV and V introduce this core problematic. The selection of this text for inclusion in this special journal issue responds to present-day realities that inscribe Anders’s reflections on nuclear science and the nuclear situation into new contexts. The critique that ‘Language and End Time’ advances resonates with the way in which the (undemocratic) decisions of a few companies and individuals are shaping the future of life on earth. At the same time, the wider stakes of Anders’s turn against the language employed by (weapons) scientists are newly laid bare by the realities and politics of climate change and fake news. In this new context, the language of science is all too readily dismissed as if it were a mere idiom that can be ignored without consequence. It is against the backdrop of a future that is, if anything, more uncertain than at the time of Anders’s writing, that the essay’s reflections on popularisation, the limits of language and the nature of truth gain added significance. (shrink)

This text reconstructs the Kohlberg/Gilligan controversy between a male ethics of justice and a female ethics of care. Using Karl-Otto Apel's transcendental pragmatics, the author argues for a mediation between both models in terms of a reciprocal co-responsibility. Against this backdrop, she defends the circular procedure of an exclusively argumentative-reflexive justification of a normative ethics. From this it follows for feminist ethics that it cannot do without either of the two types of ethics. The goal is to assure the evaluative (...) variety of different types of an ethics of the good without endangering the normative boundaries of a deontological discourse ethics. (shrink)

This work argues from a social-theoretical perspective for the view that every concept of 'gender' remains bound to reproduction. As every culture is interested in its continuity, it distinguishes individuals according to their assumed possible contribution to reproduction and so develops a fundamental dual classification. Subsequent gender categories are necessarily derived from this one. The conceptual and empirical arguments for this thesis are illustrated through an imagined dystopia. There I envision under what conditions a complete dissociation of the concepts 'sex' (...) and 'gender' from the old dual distinction would be possible and in what way a multiplicity of genders would be accomplished. (shrink)

Responding to the interlocutors, Ricoeur, utilizing Kantian aesthetic theory, addresses the nature of the work of art, its universality and communicability, and explores its temporality — its ‘transhistoricity’ — by utilizing concepts derived from medieval philosophy, including ‘sempiternality’ and ‘monstration’. He expands on hermeneutics, defends it against charges of relativism, expatiates on the danger of aestheticism, and explains the value of mimesis in art. He explores the different art forms, focusing with Merleau-Ponty on Cézanne as a model of the ‘ipseity’ (...) of the artist; and he dwells particularly on the singularity of music and its ‘pathic’ moods. A discussion of literature culminates in an emphasis on the special importance of Holocaust texts. (shrink)

Today’s question concerning technology involves asking about both the post-pandemic world and the post-data-economy world, in a situation where resentments and scapegoats are easily generated. We c...

The question of the body spans across the work of Jean-Luc Nancy, from Noli me tangere, to Corpus and Jacques Derrida’s dialogue with Nancy in On Touching. In constant conversation with Christianit...

One of the most fundamental premises of feminist philosophy is the assumption of an invidious asymmetry between the genders that has to be overcome. Parallel to this negative account of asymmetry we also find a positive account, developed in particular within the context of so-called feminist philosophies of difference. I explore both notions of gender asymmetry. The goal is a clarification of the notion of asymmetry as it can presently be found in feminist philosophy. Drawing upon phenomenology as well as (...) feminist difference theory , I argue that a gender asymmetry does exist that cannot-as in the first assumption-be transformed into symmetry. (shrink)

Deconstruction occupies an “eccentric” place in the varied field of biopolitics, as it radicalizes the indissoluble knot that binds life to power. On the basis of Foucauldian analysis, Derrida reflects on the “deviation” of biopolitics, which turns into bio-thanato-politics, that is to say, politics over life (bios) and death (thanatos). Life and death are not opposite, rather, they are inseparable, as one has inscribed the other within itself. Derrida’s bio-thanato-politics, as a deconstruction of the concept of life and its relationship (...) with the power, which is always the power of life and death, is not a different declination of biopolitics, but its radicalization. Beyond the biopolitical alternative between a power over life and a power of life, Derrida thinks a bio-thanato-politics, namely, a politics of the survival. Surviving well together, indeed, is the essential character of his democracy to-come. (shrink)

Some ancient philosophers compared the world to a big animal. This was vigorously opposed by modernity – the Enlightenment and the nineteenth century –, which compared it to a machine. Today, nobo...

Against the usual interpretation, which states that Afrofuturism is unreservedly technophilic, I argue that Afrofuturism is a radical critique of white technology. White technology (be it imperial,...

In 1985, Swiss legal philosopher Walter Ott visited Herbert Hart in Oxford and made this record of their meeting, which casts novel light on some of Hart’s ideas. Ott engaged Hart in a fresh encounter with the legal philosophy of Gustav Radbruch, particularly Hart’s and Radbruch’s reasons for a minimum content of justice in law. They also discussed the grudge informer, state responsibility under laws of an earlier régime, and questions of the definition and falsifiability of legal theories. Hart surprisingly (...) reported Hans Kelsen as stating, when they had met at Berkeley in 1961, that Hume (and not Kant, and certainly not Wittgenstein) was the greatest philosopher who had ever lived. The translation is accompanied with annotations explaining references, assumptions and contexts. (shrink)

ABSTRACT “Meister Eckhart’s Mysticism in Comparison with Zen Buddhism” originally appeared as the concluding section of Ueda Shizuteru’s first book, Die Gottesgeburt in der Seele und der Durchbruch zur Gottheit: Die mystische Anthropologie Meister Eckharts und ihre Konfrontation mit der Mystik des Zen-Buddhismus. It was first published in 1965 as an expanded version of Ueda’s doctoral dissertation, which was written under the supervision of Ernst Benz at the University of Marburg. Ueda’s careful analysis not only illuminates important points of affinity (...) between Eckhart and Zen, but also explains why Eckhart’s mysticism cannot be simply interchanged with Zen Buddhism. To allow the reader to read for themselves, I kept all interpretative notes to a minimum. The text is translated from the most recent edition of the German text, published in 2018 by Verlag Karl Alber, and edited by Wolf Burbat. The German pagination is interpolated in bold throughout the text. (shrink)

This is a translation of "Socialite et argent", a text by Emmanuel Levinas originally published in 1987. Levinas describes the emergence of money out of inter-human relations of exchange and the social relations - sociality - that result. While elsewhere he has presented sociality as "non-indifference to alterity" it appears here as "proximity of the stranger" and points to the tension between an economic system based on money and the basic human disposition to respond to the face of the (...) other person. Money both encodes and effaces sociality, both designates and disguises social relations. It arises from the way that needs and interests are manifested in exchange relations, in what he calls the "interestedness" of economic life. But interests are always already cut through by the fact that being is always "being with others". Being is always "inter-being". Interestedness is always confronted by disinterestedness, that is, by a sociality marked by the "goodness of giving", attachment to and concern for the poverty of the other person. Levinas concludes with a discussion of sociality and justice, posing questions about the tension between the demand to respond to an Other immediately before me and at the same time to respond to the demands of an other Other (the third person) who also invites a response. (shrink)