"Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the (...) contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power" -- Backcover. (shrink)

Small family businesses have generally been shown to exhibit significant concern for social responsibility, especially at the community level. Despite the reported heterogeneity of family firms in their preferences for and participation in social responsibility, the drivers of such differences are not agreed upon in the literature. We draw from enlightened self-interest and social capital theories by exploring their complementary and competing implications for the effect of duration and community satisfaction on participation in community-oriented social responsibility. Additionally, drawing on the (...) association between gender and self-construal and evidence that gender shapes helping and giving behaviors, we assess the moderating role of the gender of the firm manager in these relationships. We test our hypotheses on a sample of 279 family businesses and find support that gender moderates the relationship between community duration and satisfaction and measures of CSR. (shrink)

Introduction : points of departure -- A genealogy of the Christian colonial mindset : ex nihilo from disputed beginnings to orthodox origins -- Ex nihilo and the origin of an empire -- Ex nihilo, erasure and discovery? -- The cogito, ex nihilo, and the legacy of John Locke -- The creation ex nihilo of terra nullius lands : omnipotent nations and the logic of global-colonization -- From epistemologies of domination to grounded thinking -- Opening words about God onto creatio continua (...) -- Creatio continua "all the way down": a post-colonial, planetary understanding of continuing creation -- Conclusion : a brief thought after. (shrink)

_Oedipus Lex_ offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions—the poets, women, and outsiders—that legal science has left in its wake. (...) Goodrich analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mechanisms of repression and representation as constituents of modern subjectivity, using long-abandoned medieval texts and early appearances of feminism as resources for the understanding and renewal of legal scholarship. Not simply deconstruction but also reconstruction, this work is keenly attuned to the discontinuties, silences, and gaps in the cultural tradition called law. (shrink)

In this paper, I argue that the temporal openness of perceptual experience provides insight into the basic structure of learning. I draw on Husserl's account of the mutability of the retained past inAnalyses Concerning Passive and Active Synthesis, and Merleau‐Ponty's account of the perceptual field, as well as his remarks on habit, inPhenomenology of Perception, in order to elucidate the relation between the perceptual past and the future it portends. More specifically, I argue that retention and habituation in perceptual experience (...) open dimensions of meaning that transform the initial, initiating, experiences in which meaning is first established. As a result, our experience of meaning is always subject to further development that we cannot anticipate. This temporal openness has consequences for our learning to navigate a perceptual field, but also, I argue, for our developing more complex ways of engaging with the world. Specifically, I show how learning requires that we commit ourselves to an object or task before we are in a position to recognize the implications or significance of our commitment. I further consider the role that others play in the inherent openness of learning to the development of new meaning. (shrink)

A judge springs out of his car on the way to court in downtown Chicago and takes photographs of an inflatable rat. A while later he inserts these photographs into a decision involving another inflatable rodent. Judges now regularly insert pictures in judgments, but there is no study either of the genres or the precedential status of these modern visual emblemata, these pictorial interventions in the record. Using a comparative visual corpus of over three hundred images extracted from diverse common (...) law jurisdictions, the practice of retinal justice, the novelty of vision in decision, is here anatomized, choreographed, and critically classified. (shrink)

Recent discussions about Eucharistic practice in the United States have received increased public attention with stories of pro-life politicians being excluded from participation. In this practice of exclusion, there is a depiction of protecting the Eucharist from impurity, with the priests citing the pro-life framework as the basis for inclusion. Using this site for reflection, this article seeks to interrogate these representations of (im)purity specifically with reference to the abortion debate and the Eucharist. Taking the concept of impurity found in (...) the works of Judith Butler and Bruno Latour and placing it in conversation with ‘purity culture’ and the disproportional focus on bodies of women in cases of abortion, I seek to address constructed boundaries between dualisms such as pure and impure, as well as Church and the world. More specifically, I aim to reconfigure impurity away from being an ‘evil that must be avoided’ (Thomas Bauer) by the Church and instead ask how this can serve as a rich resource for scholars reflecting on religious practices today, rethinking the Body of Christ as one of inherent interdependency and porosity – not a space in need of protection from ‘impurity’, but one that further divides representations of purity and impurity altogether. (shrink)

What resources does Merleau-Ponty’s account of the body schema offer to the Fanonian one? First I show that Merleau-Ponty’s theory of the body schema is already a theory of affect: one that does not oppose affects to intentionality, positioning them not only as sense but as force, cultivating affective agencies rather than constituting static sense content. Then I argue that by foregrounding the role of affect in both thinkers, we can understand the way in which the historical-racial schema innovates, anticipating (...) and influencing feminist theories of the affective turn – especially Sara Ahmed’s theory of affective economies. The historical-racial schema posits the constitution of affective agencies on a sociogenic scale, and these affective economies in turn account for the possibility of the collapse of the body schema into a racial epidermal schema, a disjunction of affective intentionality Fanon calls “affective tetanization.” Quelles ressources l’analyse du schéma corporel faite par Merleau-Ponty fournit-elle au schéma historico-racial proposé par Fanon? En premier lieu, je vise à montrer que la théorie du schéma corporel de Merleau-Ponty est déjà une théorie de l’affect : une théorie qui n’oppose pas les affects à l’intentionnalité, qui ne les considère pas seulement comme un sens, mais comme une force, en cultivant des agentivités affectives plutôt qu’en constituant des contenus de sens statiques. Ensuite, j’affirmerai qu’en mettant en premier plan le rôle de l’affect chez ces deux penseurs, nous pouvons comprendre les innovations qu’apporte le schéma historico-racial, en anticipant et en influençant les théories féministes du tournant affectif – surtout la théorie de Sara Ahmed au sujet des économies affectives. Le schéma historico-racial établit la constitution d’agentivités affectives sur une échelle sociogénique, et ces économies affectives expliquent à leur tour la possibilité d’une dégradation du schéma corporel en schéma épidermique racial, une disjonction de l’intentionnalité affective que Fanon appelle « tétanisation affective ».Quali risorse può offrire la nozione merleau-pontiana di schema corporeo a quella di Fanon? In primo luogo, mi propongo di mostrare che la teoria dello schema corporeo elaborata da Merleau-Ponty è allo stesso tempo una teoria dell’affetto: una teoria che non oppone la dimensione degli affetti all’intenzionalità, poiché li considera non solo come senso ma come forze, in quanto implicano delle agentività affettive piuttosto che costituire meri contenuti statici di senso. Intendo quindi sostenere che mettendo in evidenza il ruolo dell’affetto in questi due autori sia possibile comprendere il portato innovativo dello schema storico-razziale, che anticipa e influenza le teorie femministe legate all’affective turn – e in particolare la teoria delle economie affettive elaborata da Sara Ahmed. Lo schema storico-razziale afferma la costituzione di agentività affettive a un livello sociogenetico, mentre le economie affettive rendono conto della possibilità del collasso dello schema corporeo in uno schema razziale epidermico, una disgiunzione dell’intenzionalità affettiva che Fanon definisce “tetanizzazione affettiva”. (shrink)

Law and the Unconscious: A Legendre Reader is e first work of the French legal philosopher Pierre Legendre to appear in English. Trained as a lawyer, a historian and a psychoanalyst, the work of Pierre Legendre has consistently confronted law with the teaching and methods of psychoanalysis. The present collection of essays addresses a fascinating and diverse set of themes including the doctrinal regulation of tears, dance and law, the desire for the absolute, the war of the texts, and the (...) power of the images. (shrink)

The pioneering work of Johann Winckelmann (1717-1768) identified a homoerotic appreciation of male beauty in classical Greek sculpture, a fascination that had endured in Western art since the Greeks. Yet after Winckelmann, the value (even the possibility) of art's queer beauty was often denied. Several theorists, notably the philosopher Immanuel Kant, broke sexual attraction and aesthetic appreciation into separate or dueling domains. In turn, sexual desire and aesthetic pleasure had to be profoundly rethought by later writers. Whitney Davis follows (...) how such innovative thinkers as John Addington Symonds, Michel Foucault, and Richard Wollheim rejoined these two domains, reclaiming earlier insights about the mutual implication of sexuality and aesthetics. Addressing texts by Arthur Schopenhauer, Charles Darwin, Oscar Wilde, Vernon Lee, and Sigmund Freud, among many others, Davis criticizes modern approaches, such as Kantian idealism, Darwinism, psychoanalysis, and analytic aesthetics, for either reducing aesthetics to a question of sexuality or for removing sexuality from the aesthetic field altogether. Despite these schematic reductions, sexuality always returns to aesthetics, and aesthetic considerations always recur in sexuality. Davis particularly emphasizes the way in which philosophies of art since the late eighteenth century have responded to nonstandard sexuality, especially homoeroticism, and how theories of nonstandard sexuality have drawn on aesthetics in significant ways. Many imaginative and penetrating critics have wrestled productively, though often inconclusively and "against themselves," with the aesthetic making of sexual life and new forms of art made from reconstituted sexualities. Through a critique that confronts history, philosophy, science, psychology, and dominant theories of art and sexuality, Davis challenges privileged types of sexual and aesthetic creation imagined in modern culture-and assumed today. (shrink)

Anger gaslighting is behavior that tends to make someone doubt herself about her anger. In this paper, I analyze the case of anger gaslighting, using it as a paradigm case to argue that gaslighting can be an affective injustice (not only an epistemic one). Drawing on Marilyn Frye, I introduce the concept of “uptake” as a tool for identifying anger gaslighting behavior (persistent, pervasive uptake refusal for apt anger). But I also demonstrate the larger significance of uptake in the study (...) of affective injustice: just as the concept of credibility names the epistemic behavior whereby we take someone seriously as an epistemic being, the concept of uptake names the uniquely affective cooperative behavior whereby we take someone seriously as an affective being. I answer Miranda Fricker’s epistemic notion of a prejudicial credibility economy with the affective notion of prejudicial uptake economies: uptake, like credibility, can be produced in a deficit for one social group relative to a surplus for another. Deviating from the parallels with Fricker, for whom the injustice of epistemic injustice is due to prejudice in the motives or character of individuals, as well as from accounts that ground it in aptness or affective goods, I suggest that the injustice of anger gaslighting behavior can be located at the structural scale of power relationships between social groups, in the tradition of Iris Marion Young. Anger gaslighting behavior counts as unjust wherever it (re)produces prejudicial uptake economies. Adapting sociological concepts of feeling rules and the emotion work they demand, I introduce the concepts of “uptake rules” and “uptake work” to further enable analysis of uptake economies as affective social structures, and to suggest a site for resistant or reparative affective agency. (shrink)

I argue that there is an affective injustice in gendered and racialized oppression. To account for this, we must deny the opposition of affect and intentionality often assumed in the philosophy of emotion and the affective turn: while affect and intentionality are not opposed in principle, affective intentionality may be refused uptake in oppressive practices. In section 1, I read Merleau‐Ponty’s theory of the body schema as a theory of affect that accommodates my account of affective injustice and aligns with (...) accounts of affect transmission and circulation in feminist philosophies of the affective turn. This is crucial for understanding Fanon’s contribution to the theory of the body schema, in which it is susceptible to historical‐racial “affective disorders.” In sections 2–4, I distinguish three types of affective injustice: affective marginalization, exploitation, and violence. In section 2 I develop an intersectional feminist account of this distinction drawing on Lorde and Lugones and raise questions about the limits of framing the issue of affective injustice in terms of intentionality as opposed to a more psychoanalytic conceptual vocabulary that accommodates the displacement of affective force. In sections 3 and 4, I explore these affective injustices through an analysis of Fanonian concepts, showing how the theory of the body schema can accommodate not only affective intentionality but also the oppressive disjunction of affect and intentionality, as well as forms of affective injustice that exceed the oppressive disabling of sense‐making and involve the exploitative and violent displacement of affective force. (shrink)

From early in his career Jacques Derrida was intrigued by law. Over time, this fascination with law grew more manifest and he published a number of highly influential analyses of ethics, justice, violence and law. This book brings together leading scholars in a variety of disciplines to assess Derrida's importance for and impact upon legal studies.

Moving beyond identity politics while continuing to respect diverse entities and concerns, Whitney A. Bauman builds a planetary politics that better responds to the realities of a pluralistic world. Calling attention to the historical, political, and ecological influences shaping our understanding of nature, religion, humanity, and identity, Bauman collapses the boundaries separating male from female, biology from machine, human from more than human, and religion from science, encouraging readers to embrace hybridity and the inherent fluctuations of an open, evolving (...) global community. As he outlines his planetary ethic, Bauman concurrently develops an environmental ethic of movement that relies not on place but on the daily connections we make across the planet. He shows how both identity politics and environmental ethics fail to realize planetary politics and action, limited as they are by foundational modes of thought that create entire worlds out of their own logic. Introducing a postfoundational vision not rooted in the formal principles of "nature" or "God" and not based in the idea of human exceptionalism, Bauman draws on cutting-edge insights from queer, poststructural, and deconstructive theory and makes a major contribution to the study of religion, science, politics, and ecology. (shrink)

An original and comprehensive study of the history, symbols and languages of the common law tradition.

Many of us believe that if some acts wrongly out of culpably ignorance, they are morally blameworthy to some degree. I offer a defense of this view against the powerful "Liberal Challenge" to the position. My defense proceeds by arguing that facts about a given agent's quality of will can play a different explanatory role in the larger theory of blameworthiness and the structure of exculpation than is often assumed.

The paper examines Danto's ideas about the “birth of art” from three perspectives: his concept of a natural aesthetic instinct; his concept of the birth of art “in a narrow sense,” in the transfiguration of substitutes (an event or possibility that he dates and places in various ways); and his concept of the constant birth of art, “in a larger sense,” among “artists‐outside‐the artworld.” The paper comments on these notions, some of their sources, and some of their interest and implications, (...) from an art historian's perspective. (shrink)

The phenotypic variation found in domesticated plants and animals is striking, so much so that Darwin used it to illustrate the power of selection to effect change. Recent developments in genomics technologies are leading to dramatic progress in elucidating the genetic changes that occur during domestication. The Genetics Society Autumn Meeting on the genetics of domestication took place in November 2004 at the Royal Society in London, and was organised by Helen Sang (Roslin Institute, UK) and Jonathan Jones (John Innes (...) Centre, UK). The meeting brought together many of the leading researchers on livestock and crop domestication and provided a timely and exciting account of recent progress in the field. BioEssays 27:574–576, 2005. © 2005 Wiley Periodicals, Inc. (shrink)

The world’s foremost vexillologist compares the sciences of heraldry and vexillology, through a review of civic symbolism in the United States and its manifestation on flags. He distinguishes it from European heraldry, and challenges heraldists to apply the same scientific principles as vexillology.

abstract: The kataleptic impression—an impression that is, in some special way, “true and such as could not be false”—is at the core of Stoic epistemology. Since Gisela Striker’s groundbreaking work on the criterion of truth, the dominant view among scholars is that the Stoics restricted kataleptic impressions to certain perceptual impressions. I argue that the Stoics in fact countenanced nonperceptual kataleptic impressions and explain how they thought nonperceptual impressions can meet the definition of the kataleptic impression.

This paper examines an ancient debate over the rationality of perception. What leads the Stoics to affirm, and the Epicureans to deny, that to form a sense-impression is an activity of reason? The answer, we argue, lies in a disagreement over what is required for epistemic success. For the Stoics, epistemic success consists in believing the right propositions, and only rational states, in virtue of their predicational structure, put us in touch with propositions. Since they identify some sense-impressions as criteria (...) of truth and thus as the basis for epistemic success, the Stoics maintain that sense-impressions must be rational. The Epicureans agree with the Stoics that sense-impressions function as criteria of truth, and also agree broadly on what it means for a state to be rational, but deny that sense-impressions are rational because (1) they think that epistemic success must be supported by a state that is necessarily error-free and (2) accept that rational states can be false. In reconstructing this debate, we refine the standard interpretation of the fundamental difference between Epicurean and Stoic epistemology and also develop parallels with epistemological debates today. One upshot is a more nuanced appreciation of the merits of Epicurean epistemology vis-à-vis the Stoics. (shrink)

Cet article relève une impasse qui apparaît quand les travaux récents sur la suspension du jugement sont intégrés aux solutions évidentialistes au problème de la «mauvaise sorte de raison» : il semble qu’il n’existe aucune raison pour suspendre le jugement. Deux réponses possibles à cette impasse sont considérées ici : l’une redéfinit la suspension du jugement comme une action mentale, l’autre la redéfinit comme une attitude de second ordre. L’article fait valoir que ces réponses n’évitent l’impasse qu’en compromettant de manière (...) inacceptable la notion de suspension du jugement. (shrink)

In Phenomenology of Perception, Merleau-Ponty presents an account of an “anonymous” body that informs perception and habit and that exerts a normative force in shaping more personal aspects of who we are. This paper demonstrates the relevance of Merleau-Ponty’s account of anonymity to interpersonal experience. I argue that although anonymity is a necessary condition of interpersonal life, it inhibits our recognition of our own and others’ freedom. I draw on Derrida’s analysis of justice in “Force of Law” to propose that (...) ethical interpersonal life requires that we develop a critical relationship to the anonymity that underlies our experience of others.Dans la Phénoménologie de la perception Merleau-Ponty présente sa conception de l’anonymat du corps, en tant qu’il influence la perception et l’habitude et en tant qu’il exerce une force normative sur les aspects personnels du soi. L’article analyse la pertinence de cette conception de l’anonymat pour l’expérience interpersonnelle. Bien que l’anonymat soit une condition nécessaire à la vie interpersonnelle, je soutiens qu’il nous empêche de reconnaître notre liberté ainsi que celle des autres. En faisant appel à l’analyse de la justice entreprise par Derrida dans Force de Loi, je montre qu’une vie interpersonnelle éthique nécessite le développement d’un rapport critique à l’anonymat qui sous-tend notre expérience des autres. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Withholding or withdrawing life-saving ventilators can become necessary when resources are insufficient. With rising cases in many countries, and likely further peaks in the coming colder seasons, ventilator triage guidance remains a central part of the COVID-19 policy response. The dominant model in ventilator triage guidelines prioritises the ethical principles of saving the most lives and saving the most life-years. We sought to ascertain to what extent this focus aligns, or conflicts, with the preferences of disadvantaged minority populations. We conducted (...) a bibliographical search of PubMed and Google Scholar and reviewed all ventilator rationing guidelines included in major recent systematic reviews, yielding 589 studies before screening. Post screening, we found six studies comprising a total of 10 591 participants, with 1247 from disadvantaged populations. Three studies reported findings stratified by race and age, two of which stratified by income. Studies included two to seven principles; all included ‘save the most lives’. Involvement of disadvantaged minority populations in eliciting preferences is very limited; few studies capture race and income. This is concerning, as despite relatively small numbers and framing effects there is an observable and plausible trend suggesting that disadvantaged groups worry that dominant principles reduce their chances of receiving a ventilator. To avoid compounding prior historical and structural disadvantage, policy makers need to engage more fully with these populations in designing and justifying ventilator rationing guidance and review their adequacy. Likewise, clinicians need to be aware that their implementation of dominant triage guidelines is viewed with higher levels of concern by minority populations. (shrink)