Benjamin’s Critique of Violence (1921) has been a relevant source of legal and political philosophy about the nature of law, from Derrida to Menke. In this article, we rebuild the reading of Benjamin’s Critique proposed by Menke and consider the appropriateness of violence in the law not as a tragic tension, but as a condition for its reproduction. Finally, we will consider its paradoxical nature as a confirmation of the difference between the force of law and social-normative elements such (...) as recognition [ Anerkennung]. (shrink)

This paper examines the influence of Euripides on Plato, reflecting the intertextuality between Euripides‘ Antiope und Plato’s Gorgias (esp. the agon between Zethos and Amphion and the agon between Callicles and Socrates, then the deus ex machina in the Antiope and the myth of the afterlife in the Gorgias). It is argued that the final part of the Gorgias is a serious philosophical answer to the tragic aporias, which Euripides dramatically staged in his Antiope (that is the aporia (...) of supposed and real kinship as well as the aporia of traditional revenge ethics) and which the viewer should answer for himself according to the conception of Euripidean tragedy. (shrink)

Richard Kelly's Donnie Darko, a tragic and schizophrenic science fiction coming-of-age tale is a perplexing and paradoxical film with multiple interpretations and many aporias of meaning. In this examination, I first compare the two standard phenomenological ways to regard the film: either Donnie exists in a science fiction world or he is schizophrenic. Second, I pose a new and divergent reading of the filmic world: Donnie is a character in a story of artistic mourning. Third, I compare the feature (...) film and the director's cut in terms of world and world view and conclude that the latter reduces the tragic existential hero to a scifi messiah. (shrink)

The objective of this article is to conceptualize and evaluate the transhumanist movement by applying a Nietzschean critique to its techno-progressive agenda of human enhancement. The investigation itself is divided into three distinctive, yet methodologically intertwined steps: first, I will present an exegetical approach by circumscribing the discussion concerning the alleged similarities and disparities between the transhumanist notion of transforming the human into a posthuman being and Nietzsche’s concept of education, understood as self-overcoming; secondly, in a more practical and future-oriented (...) manner, I will consider some of the major aporias for conceptualizing a ‘Nietzschean transhumanism’ by confronting the techno-progressive idea of morphological freedom with Nietzsche’s critical approach to the commerce- and consumer-oriented mentality of the non-creative modern individual; finally, I will employ Nietzsche’s complex treatment of nihilism in order to formulate a critical evaluation of transhumanism’s cultural implications. My fundamental conclusion will be that the techno-progressive agenda does not strive to overcome human limitations by coping with the tragic nature of life in a Nietzschean sense, but merely promotes the nihilistic dream of Zarathustra’s ‘last human’ to establish a common happiness by eradicating the Dionysian reality of all existence. (shrink)

This article reinterprets the Dialectic of Enlightenment as a retelling of the Christian myth of the Fall. Through its account of the aporia, which Horkheimer and Adorno maintain stands at its core, the Dialectic of Enlightenment rearticulates the doctrine of original sin. The human condition is presented as tragic, and the source of this tragedy is inscribed into the very structure of human subjectivity. While the Dialectic of Enlightenment refuses to abandon hope, emancipation is reconceptualised on the model (...) of redemption; a kind of fulfilment of human nature, which would at the same time be an escape from it. Horkheimer and Adorno dispense, however, with any transcendent source of grace. Instead, the activity of philosophy itself takes on redemptive quality. (shrink)

Cette etude suppose un releve exhaustif des occurences d'aporia, et de douze autres mots etymologiquement apparentes, dans la litterature philosophique des Grecs, depuis les debuts jusqu'a Aristote. Les divers textes, que se sont repartis les collaborateurs du volume, sont etudies du point de vue de la grammaire et de la semantique. Chaque chapitre s'acheve sur des conclusions d'ordre philosophique, comme font aussi les trois grandes parties de l'ouvrage: philosophes preclassiques, Platon, Aristote. On trouvera en outre a la fin du (...) volume des etudes relatives au vocabulaire de l'aporia aussi bien dans la tradition arabe que chez les latins. Bibliographie et index des mots grecs etudies. (shrink)

In the first part of The Aporias of Open Society the author enters a polemic with the views of Karl R. Popper, who links open society to capitalism, sees it endangered by totalitarianism, and considers Plato, Hegel and Marx as its intellectual fathers. In the second part she makes broad reference to the findings of global capitalism scholars, including Popper student George Soros, in defining the capitalist system’s self-destructive traits, which she sees as confirmation of Soros’ claim that open society’s (...) most serious enemy today is itself. (shrink)

There is a concern that the widespread deployment of autonomous machines will open up a number of ‘responsibility gaps’ throughout society. Various articulations of such techno-responsibility gaps have been proposed over the years, along with several potential solutions. Most of these solutions focus on ‘plugging’ or ‘dissolving’ the gaps. This paper offers an alternative perspective. It argues that techno-responsibility gaps are, sometimes, to be welcomed and that one of the advantages of autonomous machines is that they enable us to embrace (...) certain kinds of responsibility gap. The argument is based on the idea that human morality is often tragic. We frequently confront situations in which competing moral considerations pull in different directions and it is impossible to perfectly balance these considerations. This heightens the burden of responsibility associated with our choices. We cope with the tragedy of moral choice in different ways. Sometimes we delude ourselves into thinking the choices we make were not tragic ; sometimes we delegate the tragic choice to others ; sometimes we make the choice ourselves and bear the psychological consequences. Each of these strategies has its benefits and costs. One potential advantage of autonomous machines is that they enable a reduced cost form of delegation. However, we only gain the advantage of this reduced cost if we accept that some techno-responsibility gaps are virtuous. (shrink)

In this essay, I muse upon aporia’s value as a pedagogical technique in the philosophy classroom using as a guide examples of aporia that are found in Plato’s Socratic dialogues. The word aporia, translated as “without passage” or “without a way,” is used metaphorically to describe the unsettling state of confusion many find themselves in after engaging in philosophical discourse. Following a brief introduction in which I situate aporia as a pedagogy amicable to experiential learning, I (...) examine various ways in which aporia appears in certain Platonic dialogues, which enables us to draw out some paradigmatic features of aporia. I then discuss how I apply aporia as a pedagogical technique in the contemporary philosophy classroom, taking up three specific concerns in detail: aporetic discomfort, right use, and potential misuse. (shrink)

This paper argues that Derrida’s aporetic conclusions regarding moral and political concepts, from hospitality to democracy, can only be understood and accepted if the notion of différance and similar infrastructures are taken into account. This is because it is the infrastructures that expose and commit moral and political practices to a double and conflictual (thus aporetic) future: the conditional future that projects horizonal limits and conditions upon the relation to others, and the unconditional future without horizons of anticipation. The argument (...) thus turns against two kinds of interpretation: The first accepts normative unconditionality in ethics but misses its support by the infrastructures. The second rejects unconditionality as a normative commitment precisely because the infrastructural support for unconditionality seems to rule out that it is normatively required. In conclusion, the article thus reconsiders the relation between a quasi-transcendental argument and its normative implications, suggesting that Derrida avoids the naturalistic fallacy. (shrink)

In this essay I will examine the various ways in which the concept of decision emerges in the writings of Kierkegaard focusing mainly on the Philosophical Fragments and the Postscript. This prepares the way for revisiting Kierkegaard’s concept of decision. Doing so indicates the radical way in which Kierkegaard connects the concept of decision to an aporia. The crucial existential concept of decision not only concerns the difficulty, or even the impasse, pertaining to knowledge, but also relates to the (...) question of how the singular finds his or her own way through existence. (shrink)

This short article does not intend to disagree with the philosophical tradition, which states that the Cratylus is an ‘aporetic’ dialogue. The aim of this paper is to raise the possibility that the Cratylus’s true aporia is not the excluding antagonism of conventional view by Hermógenes and naturalistic theory by Cratylus, but the question of the relationship between language and knowledge. Like Plato asks: can you know things without the aid of language? For this question that matter he does (...) not have an answer in Cratylus. Thus, the aporia is configured. To find an answer to it we must use other Platonic dialogues, such as Fedun, Tiimaeus and Sophist. (shrink)

It is said that transcendental phenomenology faces an unavoidable aporia, according to which it is perfectly justified to accept the claim that the transcendental ego constitutes the sense of all external being, including other subjects, as well as the claim that other subjects constitute the sense of all external objects, since they are a community of transcendental egos. The essence of the aporia is that it is impossible to accept both of these claims if one accepts the conceptual (...) schema of transcendental phenomenology. In the article, I present an interpretation of transcendental phenomenology which allows one to avoid such consequences. Firstly, the static theory of intersubjectivity presented in Ideas of Pure Phenomenology and Carthesian Meditations is reconstructed and analyzed. Attention is devoted to the issues of phenomenological reduction and constitution of sense. Afterwards, it is argued that one should distinguish two kinds of constitutive processes: one understood as an activity of the sole transcendental ego (self), and the second one as an activity of the community of transcendental egos. It is claimed that both processes are mutually connected. Moreover, it seems that the second kind of constitution is metaphysically prior then the former one. This claim will allow one to overcome solipsistic interpretations of transcendental phenomenology and to overcome the aporia presented. (shrink)

_A moving meditation on recent geopolitical crises, viewed through the lens of ancient and modern tragedy__ “Spare, elegant and poignant.... If there is a single contemporary book that should be pressed into the hands of those who decide issues of war and peace, this is it.”—John Gray, _New Statesman_ “It is tragic that Robert D. Kaplan’s luminous _The Tragic Mind_ is so urgently needed.”—George F. Will_ Some books emerge from a lifetime of hard-won knowledge. Robert D. Kaplan has (...) learned, from a career spent reporting on wars, revolutions, and international politics in Europe, the Middle East, and East Asia, that the essence of geopolitics is tragedy. In _The Tragic Mind_, he employs the works of ancient Greek dramatists, Shakespeare, German philosophers, and the modern classics to explore the central subjects of international politics: order, disorder, rebellion, ambition, loyalty to family and state, violence, and the mistakes of power. The great dilemmas of international politics, he argues, are not posed by good versus evil—a clear and easy choice—but by contests of good versus good, where the choices are often searing, incompatible, and fraught with consequences. A deeply learned and deeply felt meditation on the importance of lived experience in conducting international relations, this is a book for everyone who wants a profound understanding of the tragic politics of our time. (shrink)

This paper outlines and defends a notion of tragic-remorse. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent with a (...) moral stain and a particular emotional response. (shrink)

A world awash in little understood chemicals tragically harms adults and children alike. Laws keep health agencies in the dark about toxicants, slow, well motivated research hampers protections, and strenuous vested opposition exacerbates the harm. How science is used in the tort law can facilitate or frustrate redress of harm. This book recommends better approaches.

Debates in ecological social theory are characterised by dualisms of nature and society. The author proposes the notion of ‘ecological aporias’ to account for these dualisms, focusing on three landmark examples of ecological thought over the past four decades from Niklas Luhmann, Bruno Latour and Jason W. Moore. He shows the persistence in this work of paradoxes and intractable contradictions revolving around the nature/society dualism. Rather than trying to dissolve these ecological aporias, he draws on recent work in eco-deconstruction to (...) suggest that the ecological is itself an aporetic category and that this enables a new perspective for political ecology in an age of climate crisis. Rejecting Latour’s identification of political ecology with the politics of dwelling, he argues that climate change demands we recognise forms of life irreducible to the ontological security on which the concept of the ecological has long been based. (shrink)

This paper discusses a new aporia, the aporia of future directed beliefs. This aporia contains three propositions: (1) It is possible that there is someone who is infallible that believes something about the future that is not historically settled, (2) it is necessary that someone is infallible if and only if it is necessary that everything she believes is true, and (3) it is necessary that all our beliefs are historically settled. Every claim in this set is (...) intuitively plausible, and there are interesting arguments for or against each of them. Nevertheless, {(1), (2), (3)} entails a contradiction. Consequently, at least one of the sentences in this set must be false. I consider some possible solutions to the problem and discuss some arguments for and against these solutions. Five solutions, in particular, stand out. Three solutions reject (1), one solution rejects (2), and one solution rejects (3). No solution is without problems, and it is not obvious which one we should choose. Yet, we have to give up at least one sentence in {(1), (2), (3)}. This is the nature of an aporia. (shrink)

In this article, I establish first the critical role of conscience in Heidegger's Being and Time . As the call of care, conscience attests to the authenticity of Da-sein as it discloses and "accomplishes" Da-sein as the being it is delivered over to be. Heidegger's interpretation of conscience also epitomizes the central aporias of Being and Time , which, with a view to revoking the Western metaphysical tradition, ultimately recalls it. At the heart of such aporias is the hermeneutic circle (...) in the attestation of conscience, whose voice only "reaches him who wants to be brought back." While the language of conscience and attestation was put away in Heidegger's later writings, I argue that the question concerning conscience is a leading question that will continue to guide us to build our way back and forth. (shrink)

Of other ancient writers, call into question the traditional view that katharsis in the Poetics is a homeopathic process - one in which pity and fear affect emotions like themselves. She maintains, instead, that Aristotle considered katharsis to be an allopathic process in which pity and fear purge the soul of shameless, antisocial, and aggressive emotions. While exploring katharsis, Tragic Pleasures analyzes the closely related question of how the Poetics treats the.

The Aporia of Rights is an exploration of the perplexities of human rights, and their inevitable and important intersection with the idea of citizenship. Written by political theorists and philosophers, essays canvass the complexities involved in any consideration of rights at this time. Yeatman and Birmingham show through this collection of works a space fora vital engagement with the politics of human rights.

Derrida's new book bears a special significance because it focuses on an issue that has informed the whole of his work up to the present. One of the aporetic experiences touched upon is that "my death" can never be subject to an experience that would be properly _mine,_ that I can _have_ and _account_ for, yet that there is, at the same time, nothing closer to me and more properly _mine_ than "my death.".

This article sketches, and works to motivate, a controversial approach to Posterior Analytics II.19. But its primary goal is to recommend a novel solution to one particular interpretive aporia that’s especially vexed recent scholars working on Post. An. II.19. The aporia concerns how to understand the enigmatic "ē ek pantos" ( “or from all...”) in the genealogical account of foundational knowledge at II.19 100a3-9. Our proposed solution to the aporia is discussed in connection with a number of (...) larger philosophical issues concerning Aristotle’s theory of epistēmē. (shrink)

Tragedy is a founding theme in disability studies. Critical disability studies have, since their inception, argued that understandings of disability as tragedy obscure the political dimensions of disability and are a barrier facing disabled persons in society. In this paper, we propose an affirmative understanding of tragedy, employing the philosophical works of Nietzsche, Spinoza and Hasana Sharp. Tragedy is not, we argue, something to be opposed by disability politics; we can affirm life within it. To make our case, we look (...) to an ongoing ethnography of two Canadian children’s rehabilitation clinics. Looking to the clinical experience of Canadian boys and young men diagnosed with Duchenne Muscular Dystrophy and those of their families, we show how this affirmative understanding of tragedy allows us to pursue the themes of disability politics within tragedy. Contrary to an optimism that would eschew tragedy at all costs or a pessimistic approach that declines to act in the face of tragic circumstance, we argue that a revised understanding of tragedy allows us to situate the occasionally-tragic clinical experience of disability in a philosophy of life. Both disability and tragedy point us to the shared entanglements that make life what it is. (shrink)

In “Obligations of the Gift” Sandra Lee (2021) suggests that social norms of reciprocity and the expectations and obligations associated with gift-giving afford a framework for addressing social justice considerations in precision medicine. Lee is particularly concerned with obligations to marginalized or oppressed racial and ethnic groups, which are also historically under-represented populations in precision medicine. Obligations arise, Lee argues, through the “gift” that research participants make when they contribute their data or biospecimens to precision medicine research. This conceptualization of (...) research participation is distinct from an altruistic donation model that explicitly precludes obligations of reciprocity. I agree with Lee’s overall project to support social justice aims by better recognizing responsibilities of researchers to their research participants, and increasing diverse participation in biomedical research. However, I am not convinced that the account of “the gift” she deploys can achieve the social justice goals she intends because it risks replicating rather than resisting problematic conceptions of labor, property, and ownership of selves and others. However, an alternate conceptualization of “the gift” found in the work of 20th century French philosopher Jacques Derrida recasts ethical obligations on the part of precision medicine to those who contribute their data and biospecimens for precision medicine research. (shrink)

This article investigates the forms of respect and responsiveness that must be present in the process of practical reason. Drawing upon Jürgen Habermas’ discourse theory and his incidental remarks about aesthetics, I identify two modes of respect. The first is the mutual respect and equality that emerges in the process of coming to agreement on proposed norms; the second is the call to infinite responsibility that emerges in opening to the transcendent character of others. However, Habermas makes an error in (...) treating these two types of response as appropriate for different classes of beings when he suggests that mutual respect is appropriate for humans, but asymmetry is appropriate when humans deal with animals or others who are incapable of communicative action. Rather, drawing upon the work of Emmanuel Levinas, I argue that both responses are always present in all encounters with the world. There is therefore an aporia at the heart of the process of practical reason: the responsiveness required in the exercise of practical reason demands that participants be open not just to another's opinions and claims, but also to precisely that which is not understood, which entails the idea of infinite responsibility. It is the movement between these orientations that enacts the main features of ethical life. (shrink)

This paper outlines and defends a notion of 'tragic-remorse'. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent with a (...) moral stain and a particular emotional response. (shrink)

This short but thought-provoking volume asks the question 'What is it that tragedy makes us know?'. The focus is on tragedy as a mode of representing the experience of radical suffering, pain, or loss, a mode of narrative through which we come to know certain things about ourselves and our world--about its fragility and ours. Through a mixture of historical discussion and close reading of a number of dramatic texts--from Sophocles to Sarah Kane--the book addresses a wide range of debates: (...) how tragedy is defined, whether there is such a thing as 'absolute tragedy', various modern attempts to rework the classical heritage and the relation of comedy to tragedy. There is also a fresh discussion of whether religious--particularly Christian--discourse is inimical to the tragic, and of the necessary tension between tragic narrative and certain kinds of political as well as religious rhetoric. Rowan Williams argues that tragic drama both articulates failure and frailty and, in affirming the possibility of narrating the story of traumatic loss, refuses to settle for passivity, resignation, or despair. In this sense, it still shows the trace of its ritual and religious roots. And in challenging two-dimensional models of society, power, humanity and human knowing, it remains an intrinsic part of any fully humanist culture. (shrink)

This paper outlines and defends a notion of ‘tragic-remorse’. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent with a (...) moral stain and a particular emotional response. (shrink)

As Axel Honneth argues in his early essay “The Other of Justice,” Derrida and Levinas offer convincing arguments for offsetting practical philosophy’s traditional focus on justice with a focus on care. In Honneth, this leads to a strict dichotomy of justice (as equal treatment) and care (as singular responsibility). I show that Derrida and Levinas think of justice and responsibility not as dichotomic, but rather as aporetic. In all ethico-political conflicts, aspects of responsibility and justice are in play that are (...) irreducible to, and in constant tension with, one another. Derrida and Levinas disclose a constitutive. This aporia opens up new perspectives on normativity. (shrink)

As Axel Honneth argues in his early essay “The Other of Justice,” Derrida and Levinas offer convincing arguments for offsetting practical philosophy’s traditional focus on justice with a focus on care. In Honneth, this leads to a strict dichotomy of justice (as equal treatment) and care (as singular responsibility). I show that Derrida and Levinas think of justice and responsibility not as dichotomic, but rather as aporetic. In all ethico-political conflicts, aspects of responsibility and justice are in play that are (...) irreducible to, and in constant tension with, one another. Derrida and Levinas disclose a constitutive. This aporia opens up new perspectives on normativity. (shrink)

Tras una breve exposición de la filosofía de Scheler, en este trabajo se defiende que su antropología ocupa un lugar central en sus escritos, y se revisan las aporías metodológicas y temáticas de su último libro, las formuladas en El puesto del hombre en el cosmos. After a brief presentation of Scheler's philosophy, we defend herein that his anthropology makes a fundamental part of his writings. We also examine the methodological and thematic aporias in his last book, those set out (...) in The Place of the Man in the Cosmos. (shrink)

El artículo apunta a demostrar que la sustentabilidad capitalista es una imposibilidad dado que en la naturaleza del capitalismo está la necesidad de crecimiento sin límites. Se diseñan algunos futuros escenarios posibles para la humanidad y se señala que el desconocimiento de las escalas, de las temporalidades y de los límites de la condición humana ha permitido construir un imaginario plagado de mitos, creencias y tendencias que nos está conduciendo hacia un verdadero suicidio colectivo.

The aim of the current article is to analyze the concept of tragic cases and its different implications based on Manuel Atienza, one of the jurists who specially addressed the issue, and on Robert Alexy, whose work is one of the main references in contemporary Legal Philosophy. According to parameters exposed by Alexy (correctness, rationality, legal argumentation, human rights), some of Atienza’s central assertions about tragic cases (lack of correct answer, legal rationality limitation, option for the lesser evil) (...) are herein demonstrated as inadmissible. Based on Alexy’s work, it is possible to justify the opposite conclusion about tragic cases, i.e., cases where there is more than one correct answer and these answers are opposed to each other. (shrink)

Desde a antiguidade, a democracia apresenta-se como uma espécie de _aporía_ política, pois ao mesmo tempo em que permite a liberdade a todos os cidadãos, ela também nos traz a problemática do conhecimento para governar. Afinal, todos os cidadãos são tão aptos a governar como o são para votar ou haveria uma autoridade epistêmica para se julgar as decisões políticas? Segundo o mito de Prometeu, há uma aporia sobre a humanidade que será solucionada através do roubo do fogo e (...) da arte divinos. No caso do mito, a _aporía_ se resolve no ensino das artes aos homens, sendo cada uma delas específica a cada tipo humano. A exceção se dá com a arte política, que é distribuída igualitariamente por Zeus. Dessa forma, todos os humanos estariam aptos a deliberar sobre a política. Nosso intuito com este trabalho é fazer uma analogia entre o mito de Prometeu e a democracia contemporânea, fazendo o contraste entre liberdade e autoridade, de maneira que possamos identificar problemas e propor soluções para essa forma de governo. (shrink)

[full article, abstract in English; abstract in Lithuanian] Modern revolution as the beginning of founding a new political order has to confront the vicious circle inhered in all beginnings: in so far as it is the beginning, where does its principle come from? Or, if there is no principle, how could the beginning establish one? Set in the context of modern political experience, the aporia is equal to the problem of how modern politics to be self-grounded or how to (...) reestablish political authority in modernity? By an exploration into the relevant writings of Hannah Arendt, the article tries to investigate the vicious circle of beginning and principle in the political realm, and to point out that Arendt has told a story about the mutual generating of beginning and principle, turning the so-called vicious circle into a hermeneutic circle, in which those implicit principles become explicit through the performance of founding actions. (shrink)

Machine generated contents note: Introduction; Part I. Theoretical Views about Pity and Fear as Aesthetic Emotions: 1. Drama and the emotions: an Indo-European connection? 2. Gorgias: a strange trio, the poetic emotions; 3. Plato: from reality to tragedy and back; 4. Aristotle: the first 'theorist' of the aesthetic emotions; Part II. Pity and Fear within Tragedies: 5. An introduction; 6. Aeschylus: Persians; 7. Prometheus Bound; 8. Sophocles: Ajax; 9. Euripides: Orestes; Appendix: catharsis and the emotions in the definition of tragedy (...) in the Poetics. (shrink)

This essay concerns Simone de Beauvoir's analysis of blame and punishment in “Œil pour œil” and the irreconcilable tensions that haunt it. I study these tensions—between the desire to blame and punish and the inability to provide moral justification for these practices—and locate their source in Beauvoir's conception of ethics in Pour une morale de l'ambiguïté. According to my reading, her ethics implies that violence violates freedom, the grounding principle of ethical life. Retaliatory and retributive judgments and the punishment they (...) uphold, regardless of whether they are exerted by individuals or by official state powers, are forms of violence and are therefore unjustifiable. The aporias of blame and punishment in “Œil pour œil” suggest that Beauvoir's ideal of ethics necessitates an abolitionist position regarding punishment. The essay ends with a reflection on the affinity between the position constructed from Beauvoir's work and feminist abolitionist theories that seek to undermine the legal, social, and political institutions that perpetuate, rather than resolve, economic, racial, gender, sex, and class inequality. (shrink)

“Aporías de la democracia” es la primera obra colectiva de la red NosOtros y que surge del encuentro de un grupo de académicas y académicos de distintas instituciones y países de América latina y Europa. Esta red inicio el proceso de compartir y producir en colectivo con el 1er Coloquio Euro-Latinoamericano consagrado al tema que da su título a la obra.

Tragic choices arise during the COVID-19 pandemic when the limited resources made available in acute medical settings cannot be accessed by all patients who need them. In these circumstances, healthcare rationing is unavoidable. It is important in any healthcare rationing process that the interests of the community are recognised, and that decision-making upholds these interests through a fair and consistent process of decision-making. Responding to recent calls to safeguard individuals’ legal rights in decision-making in intensive care, and for new (...) authoritative national guidance for decision-making, this paper seeks to clarify what consistency and fairness demand in healthcare rationing during the COVID-19 pandemic, from both a legal and ethical standpoint. The paper begins with a brief review of UK law concerning healthcare resource allocation, considering how community interests and individual rights have been marshalled in judicial deliberation about the use of limited health resources within the National Health Service. It is then argued that an important distinction needs to be drawn between procedural and outcome consistency, and that a procedurally consistent decision-making process ought to be favoured. Congruent with the position that UK courts have adopted for resource allocation decision-making in the NHS more generally, specific requirements for a procedural framework and substantive triage criteria to be applied within that framework during the COVID-19 pandemic are considered in detail. (shrink)