This article is about time. It is about time, or more precisely, about the absence of time in law’s digital future. It is also about time travelling and the seemingly ever-popular BBC science fiction television series Doctor Who. Further, it is about law’s timefullness; about law’s pictorial past and the ‘visual baroque’ of its chronological fused future. Ultimately, it is about a time paradox of seeing time run to a time when time runs ‘No More!’ This ‘timey-wimey’ article is in (...) three parts. The first part looks to a hazy remembered past of the legal emblem tradition as presented in Peter Goodrich’s Legal Emblems and the Art of Law to learn visual literacy and also to glimpse the essential elements of modern legality with authority, decision and violence. The second part maps how these images and icons of modern legality are manifest in the Doctor Who fiftieth year anniversary special ‘The Day of the Doctor.’ The third stage looks beyond these first order meanings to understand the chronological chaos of ‘The Day of the Doctor.’ The technicity of the image as a portal through time and space that the narrative revolves around charts the implications for the digital end of time for law. (shrink)

This paper draws upon automobile semiotics and legal semiotics to argue that the car in Australian social security decisions becomes an avatar for the applicant that is then decoded into meaning streams concerning deservingness and prudence. It is suggested that this has two implications. The first it highlights the techniques where by a technical object and the ‘life’ of the applicant became bridged in law; and through that bridging life becomes ‘formatted.’ The second highlights the extent of automobile culture. The (...) car has meaning beyond the highways and parking lots. The paper shows how these meanings have become integrated into processes of biopolitical governance. (shrink)

Albert Camus’ reflection in _The Myth of Sisyphus_ presents the absurd, the intrusion of the meaningless and irrational universe into the order and future focus of modern life. Central to Camus’ reading of Sisyphus and his dammed eternal labour, was time. Camus clearly saw that modernity and modern life was predicated on tensions in time. Moderns perceived, and lived, in the timescale of past-present-future. A commitment to chronology that promised an allusion of meaning within a world of essential meaninglessness. Modern (...) law, the law forged by the structural violence of positivism and sovereignty, shared this commitment to time. However, transitions to the digital are presenting different relationships of law and time. Emergent digital legality manifests a Sisyphean closed loop of repeat, return and enclosure, past and future become a blurred undistinguished present. The modern terror of mundane life that Camus tried to recast, seems intensified and totalised in the digital. However, rather than the possibility of the joy of the absurd, there is something else. Sisyphus, Camus imaged, had weathered to look like his rock, but he never merges with it. But in the unfolding of the digital and its legality, the secure subjectivity that Camus exalted is less then certain. This might not be bad. (shrink)

(2004). “Ethical, ooh, Yeah Ethical is Yeah, What's Right Yeah”: A Snapshot of First Year Law Students' Conception of Ethics. Legal Ethics: Vol. 7, No. 1, pp. 85-109.

This special issue examines how the comic and the icon prefigure forms of legality that are different to modern law. There is a primal seeing of law unmediated by reading, writing or possibly thinking. This introduction identifies the primacy of the eye, the emergence of visual jurisprudence and the transformations of law as a paper-based material practice to a digitally enabled activity.

This special issue examines how the comic and the icon prefigure forms of legality that are different to modern law. There is a primal seeing of law unmediated by reading, writing or possibly thinking. This introduction identifies the primacy of the eye, the emergence of visual jurisprudence and the transformations of law as a paper-based material practice to a digitally enabled activity.

Considering the relationship between human autonomy, law and technology has deep origins. Both technology studies and legal theory tell origin stories about human autonomy as the prize from either a foundational technological or jurisprudential event. In these narratives either law is considered a second order consequence of technology or technology is revealed as a second order consequence of law. In the alternative what is suggested is a foundation story drawing upon human autonomy as human responsibility for law and technology and (...) for the stories told about them. (shrink)

This article argues that legal discourses about robots are framed within a limiting ‘human paradigm.’ While this is not a specific failure of lawyers, it has significant consequences for law in a digital future. This visualising of robots has its origins in mainstream twentieth-century science fictional tropes of artificial beings. This article begins by identifying the predominant science fiction tropes regarding artificial beings as a source of anxiety for human futures, as located in discrete bodies and as separate from humans. (...) The article then traces this ‘human paradigm’ in robot law scholarship. It is shown how a focus on embodiment and separation disrupts appreciation of the emerging partial disembodiment and hybridity of digital autonomy. There is a continual sense of needing to keep robots and humans distinct and separate, which is not how digital futures are manifesting. (shrink)

In Natural Law and Natural Rights, John Finnis delves into the past, attempting to revitalise the Thomist natural law tradition cut short by opposing philosophers such as David Hume. In this article, Finnis’s efforts at revival are assessed by way of comparison with—and, indeed, contrast to—the life and art of musician David Bowie. In spite of their extravagant differences, there exist significant points of connection that allow Bowie to be used in interpreting Finnis’s natural law. Bowie’s work—for all its appeals (...) to a Nietzschean ground zero for normative values—shares Finnis’s concern with ordering affairs in a way that will realise humanity’s great potential. In presenting enchanted worlds and evolved characters as an antidote to all that is drab and pointless, Bowie has something to tell his audience about how human beings can thrive. Likewise, natural law holds that a legal system should include certain content that guides people towards a life of “flourishing”. Bowie and Finnis look to the past, plundering it for inspiration and using it as fuel to boost humankind forward. The analogy of Natural Law and Natural Rights and Bowie’s magpie-like relationship to various popular music traditions ultimately reveals that natural law theory is not merely an objective and unchanging edict to be followed without question, but a legacy that is to be recreated by those who carry it into the future. Law’s instruments of critique must not forget these transformative qualities. (shrink)

However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and ...

This paper explores spectatorial encounters with criminal trials. Particularly focusing on the 2018 work of Australian contemporary visual artist Julie Fragar that followed her watching murder trials in the Supreme Court of Queensland, it is argued that the artist as a legal outsider grapples with the inhumanity of the trial. This grappling can go in two directions. For some there is a need to bring the human back, to see the person beneath the mask of the role that they are (...) performing, to connect the gothic horror of the trial back to a redeeming humanism. For others, and this is evident in Fragar, the horror of the inhumanity is visceral and overpowering, and the grotesque masque of judgment needs to be witnessed. Both perform a corrective and critique to the business as usual of processing, judging and stamping onto human lives that is legal insider’s performance in the criminal trial. (shrink)

This paper argues that the augmented reality gaming application for smart devices, _Pokémon GO_ shows the fate of the legal subject as a neoliberal monster subjugated to the limitations imposed by hypercapitalism. The game, derived from Nintendo’s iconic Pokémon franchise, reveals the legal subject as a frenzied, diminished and impulsive being, allowed to see, move, catch and accumulate but unable to participate in more meaningful self-narration. It is not that the game is lawless, notwithstanding, anxieties in the semiosphere about users (...) trespassing or engaging in criminal behaviour. Rather the game is over structured and highly limited, both within its game-play which is repetitive and impulsive, and in its absence of narrative. Unlike the classic Nintendo Pokémon games which are within the role-playing game genre, _Pokémon GO_ abstracts the seeing, moving, catching and accumulating features of the classic games without the overarching narrative, questing and competition. In this _Pokémon GO_ manifests the transformation of the liberal legal subject of capitalism to the neoliberal subject of a digital orientated hypercapitalism where seeing, moving, catching and accumulating is immediate and impulsive, obliterating the ‘prudent’ subject participating in their own self-narration. (shrink)

This paper examines the forms of life established through the visual governance of the Australian social security mobile app —the Express Plus Centrelink app. It is argued that the app exceeds established accounts of juridical and administrative power. The app involves a seeing that is not public, a responding that is not writing and a de-materialisation of an institution and its disciplinary apparatus. It is argued that the app creates proto-literate subjects that are required to respond to a real-time sequence (...) of images in a highly structured and circumscribed manner to become complicit in the digitalisation of their life. (shrink)

Argues that it is not by inference from intention that I know what I am doing intentionally. Instead, the reverse is true: groundless knowledge of intention rests on the will as a capacity for non-perceptual, non-inferential knowledge of action. The argument adapts and clarifies considerations of "transparency" more familiar in connection with belief.

Argues from the possibility of basic intentional action to a non-propositional theory of knowing how. The argument supports a broadly Anscombean conception of the will as a capacity for practical knowledge.

Infirmity -- Loneliness -- Grief -- Failure -- Injustice -- Absurdity -- Hope.

This book offers the first sustained, full-length treatment of the wide-ranging work of major Anglican theologian Oliver O'Donovan. Analysing key texts written across forty years, including Resurrection and Moral Order, The Desire of the Nations, and Ethics as Theology, Samuel Tranter focuses in particular on what he argues is an area of real tension in O'Donovan's evolving vision of moral theology: the relationship between eschatology and ethics. This tension is traced as it plays out with regard to a number (...) of important topics in O'Donovan's writing and contemporary discussion, including natural law, divine command, and human flourishing, as well as the distinctiveness or otherwise of Christian moral reasoning. Moreover, it is located alongside the broader doctrinal features of O'Donovan's project, in connection to themes such as creation, sin, and redemption, as well as to particular questions about the relationship between the cross and the resurrection. This volume also advances the reception of O'Donovan's thought by establishing and evaluating his influence upon a range of Christian ethicists and political theologians writing today (such as Luke Bretherton, Gilbert Meilaender, Jean Porter, and Brent Waters), and by engaging with critical readings of O'Donovan (such as those by Stanley Hauerwas and Gerald McKenny). Furthermore, in conversation with these scholars among an ecumenical cast of voices, Tranter offers an assessment of how O'Donovan's proposals may be appropriated and amended as a resource for theology and ethics going forward. (shrink)

This chapter contains sections titled: Introduction Verstehen Method A Value ‐ Free Sociology Economic Methods and Ideal Types Conclusion References.

In dialogue with Kristin Ross and Fred Moten, as well as recent theorizations of destituent power, this article aims to trace the practical logic that governs place-based politics in our anarchic epoch, including the construction of collective formations that defend them.

Reasons without Rationalism has two related parts, devoted to action theory and ethics, respectively. In the second part, I argue for a close connection between reasons for action and virtues of character. This connection is mediated by the idea of good practical thought and the disposition to engage in it. The argument relies on the following principle, which is intended as common ground: " Reasons: The fact that p is a reason for A to ϕ just in case A has (...) a collection of psychological states, C, such that the disposition to be moved to ϕ by C-and-the-belief-that- p is a good disposition of practical thought, and C contains no false beliefs."In effect, reasons are premises for episodes of sound practical thinking whose other conditions already …. (shrink)

Despite resistance from various societal actors, the development and deployment of lethal autonomous weaponry to warzones is perhaps likely, considering the perceived operational and ethical advantage such weapons are purported to bring. In this paper, it is argued that the deployment of truly autonomous weaponry presents an ethical danger by calling into question the ability of such weapons to abide by the Laws of War. This is done by noting the resonances between battlefield target identification and the process of ontic-ontological (...) investigation detailed in Martin Heidegger’s Being and Time, before arguing that the nature of lethal autonomous weaponry precludes them from being able to engage in such investigations—a key requisite for abiding by the relevant legislation that governs battlefield conduct. (shrink)

A new translation of two essential works on Deleuze, written by one of his contemporaries. From the publication of Deleuze: A Philosophy of the Event to his untimely death in 2006, Francois Zourabichvili was regarded as one of the most important new voices of contemporary philosophy in France. His work continues to make an essential contribution to Deleuze scholarship today. This edition makes two of Zourabichvili's most important writings on the philosophy of Gilles Deleuze available in a single volume. A (...) Philosophy of the Event is an exposition of Deleuze's philosophy as a whole, while the complementary Deleuze's Vocabulary approaches Deleuze's work through an analysis of key concepts in a dictionary form. This new translation is set to become an event within Deleuze Studies for many years to come. Key Features: Distinguishes Deleuze's notion of the event from the phenomenological, ontological and voluntarist conceptions that continue to lay claim to it today; With an introduction by Gregg Lambert and Daniel W. Smith, two of the world's leading commentators on Deleuze, explaining the key themes and arguments of Zourabichvili's work. (shrink)

The rapid growth of Indonesian Heavy Metal music, especially the Death Metal subgenre, since around the turn of the millennium, has been quite remarkable. Indonesia is now numerically the largest scene in the world. Man, the vocalist of Jasad, told the author that the provincial West Javanese city of Bandung had 128 active Death Metal bands as at February 2011. I discuss the cancellation of an April 2012 music festival held in the Bandung hinterland by police halfway through the festival, (...) and explain how and why it took place. Police became nervous and worried about Heavy Metal shows following the deaths of eleven concertgoers, due to a crowd crush, at a Beside album launch in Bandung in 2008. I also analyze the “maternal rage” of a band member’s mother (also a policewoman at the scene) from the perspective of grounded gendered cosmopolitanism. Lastly, a short case study of Sickles, a young band from the religiously-conservative Madura Island, shows the problems that young bands experience plus the type of global underground support which they can attract. (shrink)

Abstract The rapid growth of Indonesian Heavy Metal music, especially the Death Metal subgenre, since around the turn of the millennium, has been quite remarkable. Indonesia is now numerically the largest scene in the world. Man, the vocalist of Jasad, told the author that the provincial West Javanese city of Bandung had 128 active Death Metal bands as at February 2011. This chapter will discuss the cancellation of an April 2012 music festival held in the Bandung hinterland by police halfway (...) through the festival, and explain how and why it took place. Police became nervous and worried about Heavy Metal shows following the deaths of eleven concertgoers, due to a crowd crush, at a Beside album launch in Bandung in 2008. The chapter analyses the “maternal rage” of a band member’s mother (also a policewoman at the scene) from the perspective of grounded gendered cosmopolitanism. Lastly, a short case study of Sickles, a young band from the religiously-conservative Madura Island, shows the problems that young bands experience plus the type of global underground support which they can attract. (shrink)

[FIRST PARAGRAPHS] From Plato through Aquinas to Kant and beyond beauty has traditionally been considered the paradigmatic aesthetic quality. Thus, quite naturally following Socrates' strategy in The Meno, we are tempted to generalize from our analysis of the nature and value of beauty, a particular aesthetic value, to an account of aesthetic value generally. When we look at that which is beautiful, the object gives rise to a certain kind of pleasure within us. Thus aesthetic value is characterized in terms (...) of that which affords us pleasure. Of course, the relation cannot be merely instrumental. Many activities may lead to consequent pleasures that we would not consider to be aesthetic in any way. For example, playing tennis, going swimming or finishing a book. Rather it is in the very contemplation of the object itself that we derive pleasure. As Kant puts it: We dwell on the contemplation of the beautiful because this contemplation strengthens and reproduces itself. The case is analogous (but analogous only) to the way we linger on a charm in the representation of an object which keeps arresting the attention, the mind all the while remaining passive. Thus contemporary philosophers have, following this tradition, defined aesthetic value in terms of our delighting in and savouring an object with pleasure.* An object is of intrinsic aesthetic value if it appropriately gives rise to pleasure in our contemplation of it. Of course background knowledge of particular art movements, cate- gories or artistic intentions may be required to perceive an artwork appropriately. Nonetheless, given the relevant understanding, it is in attending to and savouring uhat is presented to us that we are afforded pleasure. (shrink)

What does ordinary language philosophy contribute to the solution of the problems it diagnoses as violations of linguistic use? One of its biggest challenges has been to account for the epistemic asymmetry of mental states experienced by the subject of those states and the application of psychological properties to others. The epistemology of other minds appears far from resolved with reference to how sensation words are used in everyday language. In this paper, I revisit the Wittgensteinian arguments and show how (...) they engage the ordinary language method (in the modified form of grammatical investigation) to ‘dissolve’ the problem. Several important results are generated by way of this reconstruction. An expressive view of the vocabulary of sensation is defended which facilitates a discussion of sensation discourse emphasising the normative grammatical conditions for the communication of psychological states. This motivates a reassessment of criterial justification for the ascription of psychological concepts in the third person. In the final sections, I mobilise a normative approach to expose the moral relevance of the epistemology of other minds. Even if it is conceded that belief in other minds lacks warrant from an epistemological standpoint, this does not justify adopting the skeptical attitude from an ethical standpoint. In light of this, a normative justification for the a priori belief that others are subjects of consciousness is defended. (shrink)

This essay develops a theory of representation that confirms realism – an objective dependent on establishing that reality is autonomous of representation. I argue that the autonomy of reality is not incompatible with epistemic access and that an adequate account of representation is capable of satisfying both criteria. Pursuit of this argument brings the work of C. S. Peirce and Roy Bhaskar together. Peirce’s doctrine of semiotics is essentially a realist theory of representation and is thus relevant to the project (...) of critical realism. However, critical realism is also required to finesse Peirce’s intricate over-theorising. Although a complete treatment remains absent from Bhaskar’s writings, his philosophy, I discovered, incorporates an implicit theory of representation. Peirce can be employed to extract this theory and amplify it. The only way the problem of representation can be addressed adequately is to locate it in a realist framework. This, however, is contingent on re-conceiving representation as a process rather than an object. Such a ‘perspectival switch’ reconfirms the intentional structure of representation but also suggests that it be considered in teleological terms as an activity oriented to a trans-representational object. Representation finally emerges as a form of inquiry with the aim to make being accessible in its autonomy. (shrink)

Peter McHugh was an internationally known sociologist within the field of anti-positivist social theory. As the only collection of McHugh's sole-authored writings, Redefining the Situation presents a comprehensive yet surprising view of this key theorist's influence in his field. Redefining the Situation is a compendium of McHugh's published and unpublished short-form writings, along with three new essays on McHugh's work, one by his long-time collaborator and friend Alan Blum. The collection contributes to the project of reinventing social theory by providing (...) a new perspective from which to imaginatively rethink the development of sociology over the last fifty years. It locates McHugh's work not only within the modern and postmodern sociological tradition but also within contemporary social theory broadly, including hermeneutics, critical theory, deconstruction, and Hannah Arendt's political theory. The essays in this volume show the development of a method to analyze everyday behaviour in light of fundamental questions, exploring conflicts and connections between socialization and recidivism, fragmentation and ethnic cleansing, justice and affirmative action, teaching and university politics, and intimacy and aesthetics. This book moves beyond contemporary debates about big data/postmodernism, and along the way it identifies convergences in Anglo-American and Continental thought. By tracing the development of Analysis, the tradition of social inquiry, from its beginnings until today, Redefining the Situation re-establishes a prominent sociologist as one of the leading intellectuals in the field of interpretive social theory. (shrink)

Kieran Cronin aims in this book to show how a Christian perspective may have something fruitful to contribute to the language of rights. In so doing, he examines some of the complexities involved in using this language, drawing from literature in moral philosophy and jurisprudence in the process. The novelty of his approach lies in the attempt to distinguish two complimentary aspects within metaethics, aspects which the author calls the 'discursive' and the 'imaginative'. Cronin regards the use of models (...) (which are extended metaphors) as providing a bridge between these two aspects, and the imaginative metaethics which emerges is seen to be rich in possibilities for both secular and Christian understandings of rights-talk. (shrink)

This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain (...) extreme circumstances. Outside these circumstances, however, immigration restrictions are unjust. Having presented the argument for a human right to immigrate, the chapter responds to objections from distributive justice, culture and scarcity. (shrink)

Modern philosophy has been vexed by the question "Why should I be moral?" and by doubts about the rational authority of moral virtue. In Reasons without Rationalism, Kieran Setiya shows that these doubts rest on a mistake. The "should" of practical reason cannot be understood apart from the virtues of character, including such moral virtues as justice and benevolence, and the considerations to which the virtues make one sensitive thereby count as reasons to act. Proposing a new framework for (...) debates about practical reason, Setiya argues that the only alternative to this "virtue theory" is a form of ethical rationalism in which reasons derive from the nature of intentional action. Despite its recent popularity, however, ethical rationalism is false. It wrongly assumes that we act "under the guise of the good," or it relies on dubious views about intention and motivation. It follows from the failure of rationalism that the virtue theory is true: we cannot be fully good without the perfection of practical reason, or have that perfection without being good. Addressing such topics as the psychology of virtue and the explanation of action, Reasons without Rationalism is essential reading for philosophers interested in ethics, rationality, or the philosophy of mind. (shrink)

The ideas upon which public education was founded in the last half of the nineteenth century were wrong. And despite their continued dominance in educational thinking for a century and a half, these ideas are no more right today. So argues one of the most original and highly regarded educational theorists of our time in 'Getting It Wrong from the Beginning'. Kieran Egan explains how we have come to take mistaken concepts about education for granted and why this dooms (...) our attempts at educational reform. (shrink)

The thymus is a unique primary lymphoid organ that supports the production of self‐tolerant T‐cells essential for adaptive immunity. Intrathymic microenvironments are microanatomically compartmentalised, forming defined cortical, and medullary regions each differentially supporting critical aspects of thymus‐dependent T‐cell maturation. Importantly, the specific functional properties of thymic cortical and medullary compartments are defined by highly specialised thymic epithelial cells (TEC). For example, in the medulla heterogenous medullary TEC (mTEC) contribute to the enforcement of central tolerance by supporting deletion of autoreactive T‐cell (...) clones, thereby counterbalancing the potential for random T‐cell receptor generation to contribute to autoimmune disease. Recent advances have further shed light on the pathways and mechanisms that control heterogeneous mTEC development and how differential mTEC functionality contributes to control self‐tolerant T‐cell development. Here we discuss recent findings in relation to mTEC development and highlight examples of how mTEC diversity contribute to thymus medulla function. (shrink)

This article provides a thematic overview of the work of contemporary French philosopher Grégoire Chamayou. It suggests that the notion of violent capture serves as a guiding theme linking Chamayou's work, linking it to his early study of experimental medicine, his genealogy of manhunting and predatory power, as well as his recent study of contemporary predatory or "cynegetic" warfare use of drones.

In this paper, I explore Martin Heidegger’s and Herbert Marcuse’s critiques of technology, and their suggestions on how to neutralise the negative effects of technology, in order to articulate a potential path to an authentic, unalienated life. Martin Heidegger’s view of technology and its negative effects are first explored before presenting Marcuse’s critique of Heidegger. The dissimilarities between Heidegger’s ‘Gestell’ and Marcuse’s ‘Technological Rationality’ are then explored, before then examining the differences between Heidegger’s and Marcuse’s ideas of how one may (...) overcome the alienating impact of technology. Favouring Marcuse’s suggestions, Hans Jonas’ work on technological ethics is then posited as a necessary guide for Marcuse’s vision of a post-alienated existence. I conclude that the continued appropriation and integration of Heideggerian thought into critiques of technology could be valuable for the field, especially when answering questions concerning individual authenticity in the context of rapid technological progress and ecological decline. (shrink)