Insights generated in the emerging field of evolutionary psychology offer a useful new framework for examining Edith Wharton's “Xingu.” The satiric wit energizing this well-known short story depends in large measure upon the obtuseness of its central characters, who embrace counterfactual estimations of their gifts and attainments: thwarting the operations of poetic justice in order to protect social reputation and self-image, they become objects of derision. Their behavior illustrates the workings of adaptive mechanisms for self-deception. Insofar as their (...) comically exaggerated commitment to false self-presentation illustrates universal features of evolved human nature, the target of Wharton's scorn is accordingly enlarged. Her narrative spotlights the psychological processes that sustain self-deception and scapegoating, raising serious questions concerning human claims to rational thought and ethical principle. (shrink)

Despite its common use in both literature and popular discourse, the concept of “poetic justice” in which a wrong-doer is harmed by his own crimes has been completely ignored by both literary and philosophical scholars. We can learn more about it by comparing its charms to those of its more popular cousin, revenge. Each can assuage our resentment at the wrong-doer’s contempt of human suffering, promises to teach a moral lesson, and can borrow some moral justification from the (...) golden rule. Their satisfactions are often deceptive, but it behooves us to understand the attractions of each. (shrink)

Prologue: learning to read -- Reading Plato -- Poetry: the measure of truth -- A life without poetry -- The power of persuasion -- Eros: the work of desire -- Dialectics: making sense of logos -- Epilogue: poetic justice.

Literature reveals the intense efforts of moral imagination required to articulate what justice is and how it might be satisfied. Examining a wide variety of texts including Shakespeare's plays, Gilbert and Sullivan's operas, and modernist poetics, Poetic Justice and Legal Fictions explores how literary laws and values illuminate and challenge the jurisdiction of justice and the law. Jonathan Kertzer examines how justice is articulated by its command of, or submission to, time, nature, singularity, truth, transcendence (...) and sacrifice, marking the distance between the promise of justice to satisfy our moral and sociable needs and its failure to do so. Poetic Justice and Legal Fictions will be invaluable reading for scholars of the law within literature and amongst modernist and twentieth century literature specialists. (shrink)

This note examines the decision of the Court of Appeal in Tabernacle v Secretary of State for Defence (2009). The court held that byelaws prohibiting camping on Ministry of Defence land adjacent to the Atomic Weapons Establishment at Aldermaston, Berkshire violated the human rights of women peace protestors under Articles 10 and 11 European Convention on Human Rights. The note argues that this decision calls into question arguments recently made, that the association of women with peace should be abandoned. It (...) also reveals the potential of law to facilitate the performative and transformative production of subject positions, as ‘woman’, which do not depend on or connect with debilitating patriarchal constructions of women as weak or vulnerable. (shrink)

This article offers an interpretation of lawyers’ reactions to verse judgments, being judicial decisions rendered in rhymed poetry form. While, in recent history, there has been an unexplained break in the close historical connection between poetry and law, some judges nevertheless continue to render their judicial decisions in verse. This has met strong criticism from fellow judges, inevitably, but also from lawyers. However, there is no evidence in academic writing of anyone attempting to explain why lawyers are having these reactions. (...) Endeavouring to fill that void, this research employs hermeneutics to offer an interpretation of lawyers’ reactions to verse judgments. The article analyses the varied opinions uncovered in five qualitative interviews with lawyers of different backgrounds, and contends that a movement of poetry back towards its utilitarian origins would see lawyers change their reaction to verse judgments, instead viewing them as an appropriate form of judicial expression. (shrink)

The author, Editor of Critical Inquiry, discusses our new website and the changing face of criticism in the age of terror.

The paper is a commentary on McCaffrey (2015). I begin by arguing that the two views on brain pluripotency that McCaffrey intends to reconcile, namely those of Price and Friston (2005) and Klein (2012), are not really in conflict. The alleged disagreement between them stems from two interpretative failures: first on the part of Klein, who has misrepresented the views of Price and Friston, and second on the part of McCaffrey, who has misconstrued Klein’s position. I then take issue with (...) McCaffrey’s claim that each of the structurefunction mapping strategies he discusses allows researchers to discover a different kind of pluripotency: (1) where each subregion of a pluripotent brain area performs a specific function, (2) where a brain area performs a single function in multiple mechanisms (networks), and (3) where a brain area performs multiple functions in multiple mechanisms (networks). (shrink)

According to Frank, Plato's dialogues offer divergent approaches to literacy: while one method is rigidly top-down, the other promotes learners' independence. She argues that Plato endorses the latter view and that this lens on becoming literate is also the one he favors for our acquisition of knowledge, as well as for ethics and politics. Dismissing the idea that Plato's thought developed, Frank moves without comment from the Republic to works usually deemed to belong to different phases of Plato's writing, both (...) early and late. Because Frank's approach is nondoctrinal, in no dialogue is its main character properly seen as Plato's "mouthpiece".... (shrink)

In this article I argue that clients who purchase commercial sex from forced prostitutes should be strictly liable in tort towards the sex-slaves. Such an approach is both normatively defensible and doctrinally feasible. As I have argued elsewhere, fairness and equality demand that clients compensate sex-slaves even if one refuses to acknowledge that fault is involved in purchasing sex from a prostitute who might be forced. In this article I argue that such strict liability could be grounded in the tort (...) of conversion, and not only (as argued elsewhere) in battery. Since the quintessential experience of sex-slaves is that of being treated as chattels, the appropriate legal response is to allow them to benefit from the strict liability imposed on those who interfere with an owner’s dominion over his property. Accordingly, sex-slaves should be viewed as both subjects and objects. As subjects they can sue clients for the violation of their sexual autonomy manifested by their treatment as objects. This approach is both advantageous to sex-slaves, in the sense it affords them protection that might not otherwise exist, and fair, since the ultimate response to the objectification of sex-slaves by clients should be to afford the former a proprietary-based claim against the latter. I further explain why my approach is not problematic on conceptual grounds, anti-commodification sentiments or feminist concerns with the symbolic message of my solution: that the law treats women as property. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Poetic Justice: The Literary Imagination and Public LifeDavid GormanPoetic Justice: The Literary Imagination and Public Life, by Martha C. Nussbaum; xii & 143 pp. Boston: Beacon Press, 1995, $20.00.This volume, a revision of lectures given in 1991, is a philosophical study comparing aspects of law and literature. The law in question is contemporary American case law (hence the reference to “Public Life” in the book’s (...) subtitle). The literature to which it is juxtaposed consists primarily of “realist social novels” (p. 87), represented chiefly by Dickens’s Hard Times, though with some attention also given to E. M. Forster’s Maurice, Richard Wright’s Native Son, and to passages from Whitman’s poetry (quoted, characteristically, at some length). Nussbaum’s thesis is that both this kind of legal discourse and this kind—or kinds—of literary discourse constitute, involve, or otherwise rely upon an imaginative vision of human life and its possibilities. Thus lawyers have a great deal to learn from literature, insofar as contact with the capacious imaginations of a Dickens or a Whitman can only enlarge the sensibilities of those who read them in a sufficiently open-minded, reflective way.It may be both too kind and overly reductive to ascribe to Poetic Justice such a thing as a thesis. On the contrary, this compact book, like all of Nussbaum’s writings, teems with theories and theses. This is the main reason, I suppose, for the dichotomy of responses to Nussbaum: some find this pullulating quality of her work exhilarating, while others just find it annoying. One advantage that I think both parties will recognize in the compactness of Poetic Justice (due to the constraints of the lecture format) is that it inhibits the author’s native prolixity, which makes her previous books—The Fragility of Goodness (1986), Love’s Knowledge (1990), and The Therapy of Desire (1994)—something of an effort even for Nussbaum’s biggest fans to stay with through every last qualification, tertiary argument, and cross-reference. [End Page 196]The opening pages of these lectures seem, if anything, all too simple. Nussbaum’s initial target is the economistic, deterministic school of social analysis associated with the University of Chicago generally and with Richard Posner in particular, which has lately exercised a disproportionate influence in American jurisprudence and—especially during the Reagan-Bush era—in public policymaking. Against this kind of thinking, which attempts to treat human beings and their actions and decisions as much as possible in terms of quantifiable, statistical measures, Nussbaum emphasizes the autonomy, the irreducible singularity of each human being and the qualitative aspects of each person’s experience, which is the kind of cautionary lesson that she sees literary works as driving home—hence their value as a counterweight, or even a vaccine, against reductive economism. Thus readers will tend to assume from the first lecture (“The Literary Imagination”) that what they are in for, pretty much, is something like Bob Cratchit’s comeback to Ebenezer Scrooge. The Dickensian comparison is not fortuitous, of course, because although the text of reference is Hard Times and not A Christmas Carol, the moral antithesis is familiar enough: a coldly, blindly all-embracing utilitarianism versus a warm, empathetic humanism.Yet, as Nussbaum develops her account, things are not so simple. What emerges is that her aim is not simply to mount an attack on the economic-determinist approach to analyzing (and thus judging) human behavior, but in the first place to understand it, to get inside this worldview. This empathetic response to Chicago-style social analysis, in turn, weaves itself into the texture of Nussbaum’s book in two ways. For one thing, it supports her call to treat literature as making a potentially significant contribution to public life, since what better path can there be to understanding neo-utilitarians like Posner than via imaginative portrayals of such paleo-utilitarians as Mr. Gradgrind? For another thing, moreover, the very gesture of trying to empathize with economic determinism rather than trying to bury it serves the purpose of showing up the latter’s limitations, because this kind of other-directed response is just what the utilitarian approach is least... (shrink)

David Lewis introduced the idea of a quasi-miracle to overcome a problem in his initial account of counterfactuals. Here we put the notion of a quasi-miracle to a different and new use, showing that it offers a novel account of the phenomenon of poetic justice, where characters in a narrative get their due by happy accident. The key to understanding poetic justice is to see what makes poetically just events remarkable coincidences. We argue that remarkable coincidence (...) is to be understood in terms of a distinctive type of experience quasi-miracles offer. Cases of poetic justice offer a dual awareness of the accidental nature of the events and of a non-accidental process, involving intention, which it appears would explain them. We also extend this account to incorporate how we might experience magic tricks. An account of poetic justice as quasi-miraculous allows us to account for the experience of encounters with poetic justice, as involving the incongruity of seeing design in accident. (shrink)

A new reading of justice engaging the work of two philosophical poets who stand in conversation with the work of Martin Heidegger.

In this article, a poetical and performative narrative is shared to examine how the use of stories to critically self‐reflect on oppression facilitates an understanding of critical social theory in nursing education and impacts social justice. A fusion of prose with a poetical narrative is employed; the latter is reserved to capture the immediacy of personal, emotive, and embodied storied experiences. This deeply intimate and dialogical story begins with a pedagogical experiment created to facilitate nursing students' understanding of critical (...) social theory. Drawing upon Paulo Freire's work, the nursing teacher in a professional development course attempted to deconstruct power relations and cultivate an open and safe learning environment by sharing a poem that depicts her oppression. Students then anonymously wrote a word/statement about their oppression. The teacher created a composite poem from students' words and shared it with the class; it was a powerful moment that highlighted their shared humanity. As a way to further explore stories and consider how to preserve these words, a small group of students and the teacher formed the ‘the oppression group’. Towards the end, we conclude an unfinished story by realizing that the chains of oppression are loosening and humanity is surfacing. There is still a camouflaging of an authentic self. There are still stories to be told. The group is not yet certain if a social representation of an authentic self is possible and if all stories can be told. It has become apparent that the personal can play out in social justice as enacted in the classroom between teacher and students and provides an entry point into the development of the capacity to be social agents in nursing. The group simultaneously concludes the story with both an ending and a threshold of social justice. (shrink)

_A new reading of justice engaging the work of two philosophical poets who stand in conversation with the work of Martin Heidegger._.

Against the backdrop of the challenges posed by xenophobia and other social phenomena that operated with harmful strategies of “othering,” this article considers the promise that the notion of “mutual recognition” as exemplified in the later work of Paul Ricœur holds for discourse on these matters. Can the hermeneutical and mediating approach of Ricœur provide an adequate framework in order to respond to these radical challenges? In light of this question, this article discusses and ultimately affirms Ricœur’s view that places (...) mutual recognition between what he calls the prose of justice and the poetics of agápē. In addition this article draws attention to the value of symbolic gestures and an ethic of linguistic hospitality to give further texture to the plea for mutual recognition amidst experience of exclusion, conflict and violence. (shrink)

This chapter outlines a new theoretical method, which I call “dancing-with,” emerging from the process of writing my dissertation and the book manuscript that followed it. Defined formally, a given theorist X can be said to “dance-with” with a second theorist Y insofar as X “choreographs” an interpretation of Y which is both true to Y and Y’s historical communities, and also meaningful and actionable (i.e. facilitating social justice) for X and X’s historical communities. In this pursuit, the method (...) of dancing-with involves both (1) a creative “torsion” of Y’s thought (particularly in the direction of unconscious, embodied and political factors at work in Y’ texts), and (2) a resultant, sympathetic torsion of X’s thought toward Y. In other words, X and Y “meet in the middle,” like two dancers walking onto the dance floor, to explore the promise of a flourishing artistic partnership. In this partnership, each must attend to the way that political meanings are inscribed on the other’s raced/sexed/etc. body, both to react maximally justly, and to maximize the aesthetic movement options that can be brought into play. As the method of dancing-with is thus modeled on an ideal comportment for improvisational social dance (such as the contemporary Latin dance called “salsa”), I envision the end-goal of dancing-with as what I call “poetic social justice.” By this, I mean the “poetic justice” of two theorists’ mutually empowering each other for maximal social good. Though this process is admittedly more difficult between some theorists, in part as a function of their respective embodiments and sociohistorical positions, at least a move or two together is always possible. (shrink)

In Poetic Justice Martha Nussbaum undertakes to explain how “story-telling and literary imagining” can supply “essential ingredients in a rational argument” and thereby improve public discourse regarding important ethical, political, and legal issues.

In _The Poetics of Political Thinking_ Davide Panagia focuses on the role that aesthetic sensibilities play in theorists’ evaluations of political arguments. Examining works by thinkers from Thomas Hobbes to Jacques Rancière, Panagia shows how each one invokes aesthetic concepts and devices, such as metaphor, mimesis, imagination, beauty, and the sublime. He argues that it is important to recognize and acknowledge these poetic forms of representation because they provide evaluative standards that theorists use in appraising the value of ideas—ideas (...) about justice, politics, and democratic life. An investigation into the intertwined histories of aesthetic and political accounts of representation—such as Panagia presents here—sheds light on how modes of poetic thinking delimit the questions of unity and diversity that continue to animate contemporary political theory. Panagia not only illuminates the structure of much contemporary political theory but also shows why understanding the poetics of political thinking is vital to contemporary society. Drawing on Gilles Deleuze’s critique of negation and his privileging of paradox as the source of political thought, Panagia suggests that a non-teleological concept of difference might generate insight into pressing questions about foreignness and citizenship. Turning to the liberal/poststructural debate that dominates contemporary political theory, he compares John Rawls’s concept of justice to Rancière’s ideas about political disagreement in order to demonstrate how, despite their differences, both thinkers comprehend aesthetic and moral reasoning as part and parcel of political writing. Considering the writings of William Hazlitt and Jürgen Habermas, he describes how the essay has become the exemplary genre of what is considered rational political argument. _The Poetics of Political Thinking_ is a compelling reappraisal of the role of representation within political thought. (shrink)

One of the central features of Western existence is the objectification and use of other beings in creating the subjectification of human beings. My argument is for a Christian veganism that rejects the dependence of the subject on the object status of other beings. The roadblocks to recognizing the necessity for Christian veganism I call the pedagogy of the oppressor. I propose that one way to change the subject-object relationship is a poetics of Christian engagement. Christian veganism may seem a (...) radical position theoretically and pragmatically, but I will offer suggestions for expanding Christian engagement with other animals and for the food and environmental justice movements of which veganism is a part. (shrink)

Martha Nussbaum's Poetic Justice undertakes a defense of the novel by showing it to develop the sympathetic imagination. Three parts of her argument come in for criticism, with implications for other such political defenses. Nussbaum sometimes interprets the imagination practically, sometimes theoretically; the two forms have different effects on deliberation. Nussbaum credits the novelistic tradition with fostering the imagination; her example of Hard Times interferes with establishing this general point. Nussbaum suggests an aesthetic element in literature that produces (...) its effect, but does not succeed in identifying that element so as to preserve the consequences of art while avoiding reductionism. (shrink)

In Ricoeur’s last works, we can find what he calls a poetics of love. Choosing the “dialectic” path of a comparison between love and justice, Ricoeur claims that justice lies in the rule of equivalence (give to each his own); the disorientation of love, instead, suspends the return, the equivalence, the exchange. Love does not say: “do ut des”, but rather (if we can transform the expression) it says “do ut dem”, to offer without expecting anything in return: (...) this is what Ricoeur calls a “first gift”. However, it is an expectation that is always open to the possibility of a “surprise”: the surprise of a “second first gift” able to fulfill the gratuity of the original act of donation. This essay questions this possibility of “mutual gift”. (shrink)

Meaningful work refers to the idea that human work is an integral part of the way we think of our lives as going well. The concept is prevalent in sociology and business studies. In philosophy, its discussion tends to revolve around matters of justice and whether the State should take steps to eradicate meaningless work. However, despite the breadth of the recent, general literature, there is little to no discussion about how it is in fact the case that work (...) is meaningful. There is a basic assumption that certain facts about work make it meaningful. After noting the shortcomings in the literature, this essay argues that we can better understand the production of meaning in work by an analogy to speech acts. Using Paul Ricoeur’s theory of action as discourse, one can see how meaning is predicated in the performance of work in ways that are locutionary, illocutionary, and perlocutionary. (shrink)

What is Imagination? What is the relationship between aesthetics and ethics in a contemporary civilization dominated by the image? How can we reconcile the right to imagine with the right to justice? Are the claims of artistic creativity and moral responsibility compatible? With an extended foreword and an afterword chapter, and fascinating new material on the narrative imagination, Poetics of Imagining: Modern to Post-modern provides a critically developed and accessible account of the major theories of imagination in modern European (...) thought. It analyses and assesses the decisive contributions made to our understanding of the imaginary life by phenomenology (Husserl, Sartre, Merleau-Ponty, Bachelard), hermeneutics (Heidegger, Ricoeur), and post-modernism (Vattima, Kristeva, Lyotard). Richard Kearney achieves this with a coherent and committed approach, which displays his own passionate concern for the claims of imagination in our post-modern world of fragmentation and fracture. This is essential reading for those interested in current leading debates on the role of imagining in continental philosophy, ethics, psychoanalysis, art theory and literary criticism. (shrink)

Poststructuralism and complexity are plural and diverse modes of thought that share a common subscription to the `anteriority of radical relationality'. They nonetheless subscribe to a different ethic of life because they address the anteriority of radical relationality in different ways. Complexity remains strategic in its bid to become a power-knowledge of the laws of becoming. It derives that strategic ethic from its scientific interest in the implicate order of non-linearity that is said to subvert Newtonian science. Poststructuralism is (...) class='Hi'>poetic. It derives its poetic ethic from Heidegger and from the reworking of orphic and tragic sensibilities to radical relationality with the radically non-relational. Observing that all poetry is complexity avant la lettre, the article illustrates these points with the Odyssey and concludes that while complexity is ultimately concerned with fitness, poststructuralism is preoccupied with justice. (shrink)

What is it about the nature of "soul" that makes it so difficult to adequately capture its complexity in a strictly discursive account? Why do some of the most profound human experiences elude our attempts to theorize them? How can a written document do justice to the dynamic activity of thinking, as opposed to merely presenting a collection of thoughts-as-artifacts? Finally, what can we learn about the activity of philosophizing, and about the human soul, by reflecting on the possibilities (...) and limitations of writing? These concerns, in various forms and in different registers, have preoccupied Michael Davis throughout his distinguished career. This volume is in honor of, and in dialogue with, Davis's work, which spans ancient philosophy and literature, continental philosophy and political philosophy. It includes original essays by numerous distinguished scholars in the fields of philosophy and political science. The remarkable range and caliber of the contributions attest to the breadth and depth of Davis's influence. The essays in Part I of the volume explore the nature of soul through the lens of tragedy. Part II consists of three essays that explore the human longing for perfect knowledge and completion--and the obstacles to the fulfilment of that longing--in relation to the divine. In Part III, the essays address the distinctive challenges of the political sphere and philosophy's relation to it. And while the relationship between philosophy and poetry is an implicit theme throughout the volume, the essays in Part IV focus directly on philosophy's aestheticizing tendencies. Many different philosophical and literary works are discussed throughout these chapters, including ancient works such as Plato's Republic, Euthydemus and Laws, Homer's Iliad, and Euripides' Trojan Women, as well as works by modern philosophers such as Rousseau, Kant, Hegel, Kierkegaard and Nietzsche. In addition, three essays analyze some of Shakespeare's plays in relation to the thought of Plato and Machiavelli. All of the essays are thematically linked by a common thread as they attend to the poetic dimension of philosophical thinking. Michael Davis is Professor of Philosophy at Sarah Lawrence College, where he has taught since 1977 and has been the Sarah Yates Exley Chair in Teaching Excellence (2003-2005). He has also taught on the graduate faculty at Fordham University and the New School for Social Research. He is the author of numerous articles and books, which include: Ancient Tragedy and the Origins of Modern Science; The Poetry of Philosophy: On Aristotle's Poetics; The Politics of Philosophy: A Commentary on Aristotle's Politics; The Autobiography of Philosophy; Rousseau's The Reveries of the Solitary Walker; Wonderlust: Ruminations on Liberal Education; and The Soul of the Greeks: An Inquiry. He is also co-translator (with Seth Benardete) of Aristotle's On Poetics. Contributors include: Abraham Anderson, Jonathan Badger, Robert Berman, Ronna Burger, Kenneth DeLuca, Gwenda-lin Grewal, Scott Hemmenway, Paul Kirkland, Mary Nichols, Denise Schaeffer, Paul Stern, Richard Velkley, Lisa Pace Vetter, Ann Ward, Lee Ward, Catherine Zuckert and Michael Zuckert. About the Editor: Denise Schaeffer is Professor of Political Science at the College of the Holy Cross. She is the author of Rousseau on Education, Freedom and Judgment and contributing co-editor (with Christopher Dustin) of Socratic Philosophy and Its Others. She is co-editor (with Gregory McBrayer and Mary P. Nichols) of the Focus Philosophical Library edition of Plato's Euthydemus, for which she authored the Introduction and co-authored the Interpretive Essay. (shrink)