In this essay I explore competing senses and tensions of the relation between the etymology of ta pragmata and praxis, with specific attention paid to Heidegger’s theorization of modernity. In so doing I question the relation between rights and persons, and whether there might not be a new way of thinking about rights that does not presuppose or privilege the agency of personhood. Pragmatic rights would not assume the liberal values of self-determination that underpin personhood, and would enable a notion (...) of rights beyond liberal humanism more appropriate for twenty-first century political concerns and problems. (shrink)

The great work of the psychotic judge Daniel Paul Schreber, namely Memoirs of My Nervous Illness, has received predictable and rather unimaginative interpretations as the discourse of a lunatic. The work has not been studied as a theory of law. Schreber, it is argued here, was an extreme lawyer, a radical melancholegalist, a black letter theorist, a critic avant la lettre, and a radical theorist of an impure jurisprudence.

This book offers a broad reconstruction of the modern notion of sovereignty, a comprehensive critique of state-inflicted violence, and a concept of non-coercive law for our contemporary world society.

In this paper, I suggest reading the Second Essay of Nietzsche’s Genealogy of Morals as a perfectionist critique of Roman law. Roman Law, I argue, relies on the fabrication of a specific subjectivity that structurally undermines the conditions of a good life and thus prevents us from fully exhausting our ethical-aesthetical potential. Citing an important source for Nietzsche’s legal thought, legal scholar Albrecht Hermann Post, I reconstruct how Nietzsche conceptualizes the disentanglement of the individual from the ‘natural’ community, namely as (...) the fabrication of a subjugated-subjugating legal personality in particular through the Roman civil law. This process fundamentally affects the human psycho-somatic structure in a paradoxical way, both as bad conscience and as sovereign triumphalism. However, while Nietzsche formulates an important critique of one of our dominant forms of social integration, his proposed way of overcoming it remains unconvincing, because it is just as hostile to life as is the law. (shrink)

Recent thinking on human rights, at least among the left, has divided along lines that have become familiar from other contemporary political debates. There are those who ground the discourse of rights in an ethical responsibility to fellow human beings in situations of suffering and oppression; for others, suspicion with respect to just such an ethical stance is their point of departure. They see in the ethical perspective at best a radical depoliticization of the struggle for human rights—its biopolitical reduction (...) to humanitarian aid to suffering others who are thereby accorded the status of ‘bare life’—and at worst a cover for a quasi-imperialist imposition of neo-liberal values according to which what ultimately deserves political protection and preservation is the right to entrepreneurial initiative and aspiration. Yet another form of leftist critique of the ostensibly post-political, ethical inflection of rights discourse takes aim at a line of thought most often linked to a series of mostly French philosophers—above all Emmanuel Levinas, but also Jean-Francois Lyotard, Jacques Derrida, and more recently Judith Butler—who in various ways have sought to ground philosophy in an ‘ethics of the Other’. The essay explores these positions and proposes a new thinking about human rights oriented by what Hannah Arendt referred to as the ‘dark background’ of human life. (shrink)

Beliefs once limited to the extremes of the North American gun culture have become mainstream, while the US Supreme Court’s ruling in District of Columbia v. Heller and a spate of right-to-carry laws have contributed to the proliferation of guns in public life. These changes in political discourses, legislative agendas, and social practices are indicative of an emergent and pernicious form of subjectivity, which is here defined as self-defensive. Such subjectivity is characterized by a pathological identification with the right of (...) self-defense, which undermines the social conditions of individual freedom and renders subjects unable to comprehend the function of abstract rights within an informal normative order. Practically speaking, this raced and gendered subjectivity relies on extra-legal relations of domination for its reproduction. The rapid expansion of gun rights and the recent loosening of restrictions on self-defensive violence are argued to be responses to a perceived threat to these identity-constituting relations, rather than to the threat of violent crime, which has long been on the decline. (shrink)

The article starts with the observation of an ambivalence inherent to the politics of juridification. On the one hand, some spheres of the life-world such as the family and the school are often places of exploitation, degradation and humiliation and therefore seem to require the implementation of legal protection for their members. At the same time, the demand for rights seems somehow to grasp too little, would be inadequate or even counterproductive. How can this ambivalence be politically dealt with? I (...) first briefly reconstruct Jürgen Habermas' concept of juridification. I believe that Habermas works with an image of the family and the school as communicatively constituted and juristically uncompromised milieux, which proves to be highly questionable. In a second step I consider Axel Honneth's theory of the absolutization of legal freedom as offered in his recent work Freedom's Right. Honneth sidesteps several problematic implications of the Habermasian thesis of colonization, but still tends to underestimate the dominant patriarchal power relations in the spheres of the family and the school. Finally, I pursue Honneth's own suggestion that a new notion of politics is required for understanding contemporary struggles for recognition, which overcomes the statist tendencies of liberalism. I therefore propose to shift the perspective on the phenomenon of juridification, viewing it instead from the standpoint of the agents themselves, by turning to Wendy Brown's feminist theory on the paradoxes of rights. (shrink)

ABSTRACTHow can we deal with the apparent contradiction between the normative ideals of critical theory and the practice of the current university system? To answer this question, I consult three classical criticisms of the university system: At the beginning of the nineteenth century, the French educator Joseph Jacotot formulated a pedagogical critique of the disciplinary effects of the educational system; at the beginning of the twentieth century, German historian Franz Rosenzweig articulated an ethical critique of the hegemonic educational system’s distance (...) from life; and at the beginning of the twentyfirst century, British feminist Sara Ahmed proposed a political critique of the oppressing functions of academic institutions. Taken together, these critiques can serve as an orientation for critical intellectual practice even within the academic system. Finally, I try to describe the relation between critical theory and the university thus evolving by utilising Stefano Harney’s and Fred Moten’s concept o... (shrink)

Epistemic standpoint theories have elaborated the effects of social situatedness on epistemic competence: Dominant groups are regularly subject to epistemic blockages that limit the possibility of cognition and knowledge production. Oppressed groups, on the other hand, have access to perceptions and insights that dominant groups lack. This diagnosis can be generalized: Not only our epistemic, but also our normative relation to the world is socially situated, that is, our values, virtues, moral sentiments are shaped by relations of domination. In this (...) article, my goal is to sketch the general outlines of a standpoint theory of normativity. I do so by engaging with two lines of tradition. First, I review conceptions of fugitive freedom in the Black Radical Tradition, before I recapitulate the feminist debate around the concept of care work. The counter-hegemonic norms theorized in these traditions can be brought into dialogue because they are both based on similar presuppositions, namely, political struggle provoked by social contradictions. (shrink)

In this paper, I argue for the existence of pathologies of juridicism. I attempt to show that the Western regime of right tends to colonize our intersubjective relations, resulting in the formation of affective and habitual dispositions that actually hinder participation in social life. Speaking of pathologies of juridicism is to claim that the legal form fundamentally contaminates the way in which we relate to ourselves, to others, and to the world, resulting in an ethically deformed, distorted or deficient form (...) of subjectivity. To support my thesis I consult a philosopher, whose work still provides a powerful analysis and critique of juridicism, namely, Hegel. Hegel provides an historic and a systematic theory of the pathologies of juridicism. His historical theory locates the origin of the abstract subjectivity of right in Roman antiquity. His systematic theory understands the negative effects of an absolutization of the legal domain as a persistent threat to social integration and an individual’s pursuit of the good life. I clarify these argumentative dimensions in two steps, beginning with Hegel’s historical analysis of right in his Lectures on the Philosophy of History. I then reconstruct Hegel’s critique of the subjectivity of right in the short chapter on the ‘Condition of Right’ in his Phenomenology of Spirit. In conclusion, I argue that, although Hegel’s diagnosis is correct, his prescribed therapy must fail: instead of radically altering abstract right in terms of content and form, it only recommends its complementation through other ethical spheres. (shrink)

In bourgeois societies, the dominant dispositif that regulates how past wrongs are dealt with is juridical. Can or should radical political movements in general and critical artistic interventions in particular also make use of that form of court? I discuss this question in light of an argument between Michel Foucault and two Maoist comrades on the question of popular justice. I present the German NSU tribunals as best practice examples: They show how the form and content of tribunals can be (...) put into tension in such a way that makes them re-usable as an aesthetic medium of transformative politics. (shrink)

This essay explores Walter Benjamin’s critique of the concept of guilt as it underlies the occidental notion of “connective justice”. It describes both the political-moral and the psychological-ethical effects of guilt and reconstructs Benjamin’s idea of ‘Entsühnung’, understood as a rigorous termination of the circle between act and consequence. Finally, possible political, ethical and historical alternatives are discussed.

Dans le contexte des révoltes de Mai 68, certains groupes politiques ont développé des techniques collectives de transformation de soi. On en explore ici deux versions : « l’analyse de groupe », inspirée par la psychanalyse et pratiquée dans le mouvement étudiant ouest-allemand, et le consciousness-raising, utilisé par les féministes radicales étasuniennes. En comparant ces pratiques, on montre que le problème qu’elles posent a concerné un mauvais choix de méthode et non la discussion collective des affects individuels, désormais incriminée par (...) certains récits rétrospectifs sur Mai 68 et critiques libérales. Contre ces dernières, on conclut par une brève défense de la politisation des formes de vie. (shrink)

Hegel is one of the few philosophers to devote systematic attention to phenomena that can be called pathologies of juridicism. Hegel claims that the law fundamentally contaminates the way in which we relate to ourselves, to others and to the world so that our (inter-) subjectivity becomes ethically deformed, distorted, or deficient. I outline this notion and reconstruct its development in the work of the young Hegel. I reconstruct Hegel’s critique of juridical forms of normativity as developed in his Spirit (...) of Christianity with reference to the example of Judaism and sketch his idea of a non-juridical intersubjectivity. I will make apparent the considerable problems lurking in Hegel’s account of love, which turns out to be a form of social integration potentially just as violent as the law. I argue that Hegel himself became aware of this problem and modified his original model by assigning to both love and law a legitimate place within an overarching system of Sittlichkeit, as I demonstrate with reference to Hegel’s Jena article ‘Natural Law ’. In the end I briefly explain why I still find this strategy unsatisfactory. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 66 Heft: 6 Seiten: 870-881.

Bringing together leading scholars in contemporary social and political philosophy, this volume takes up the central themes of Axel Honneth’s work as a starting point for debating the present and future of critical theory, as a form of socially grounded philosophy for analyzing and critiquing society today.

Nach Marx is a German volume of twenty essays on Marx and social philosophy today, edited by Rahel Jaeggi of Humboldt University in Berlin and Daniel Loick of the Goethe University in Frankfurt. The collection comes from the “Re-thinking Marx” conference in Berlin of 2011, organized by Jaeggi with contributions from philosophers and political theorists who are German-speaking (Hauke Brunkhorst, Alex Demirović, Rainer Forst, Axel Honneth, Rahel Jaeggi, Daniel Loick, Andrea Maihofer, Oliver Marchart, Christoph Menke, Hartmut (...) Rosa, Michael Quante, Titus Stahl), Anglophone (Wendy Brown, Daniel Brudney, Andrew Chitty, Raymond Geuss, Frederick Neuhouser, Terry Pinkard, Moishe Postone) and Francophone (Etienne Balibar). All the authors can be said to have sympathy with the Frankfurt School approach to critical theory, although what that concretely entails is open to interpretation. Perhaps the only points of agreement are that Marx inaugurated the critical approach to society, and that capitalism is the object of critique. But how to read Marx and how to critique capitalism are anything but settled. (shrink)

The Special Focus on invitation policy at universities contains a target article by Romy Jaster and Geert Keil, five commentaries, and a response. The question under discussion is what disqualifies a person from being invited to speak at a university. On liberal, Millian approaches, the epistemic benefits of free speech preclude no-platforming policies. More restrictive approaches demand the exclusion of speakers who are considered racist or otherwise hostile against marginalized groups. Jaster and Keil take a virtue-based approach to invitation policy: (...) A person is ineligible as a speaker if she exhibits specific intellectual vices that are detrimental to the pursuit of truth, the university’s raison d’être. The five critics raise various concerns. Birgit Recki deems the virtue-based approach too restrictive: It is prone to exclude some speakers who make intellectually stimulating contributions. Eva von Redecker and Daniel Loick deem the criterion too permissive: It allows for contributions that should have no place on campus. Dieter Schönecker and Maria-Sibylla Lotter object that the approach is silent on all recent actual cases of ‘cancelling’ at universities. In their response, Jaster and Keil address these concerns and clarify their position. (shrink)

Bislang wurde Walter Benjamins Werk nicht auf Staatlichkeit hin gelesen, weist es doch weder eine Staatstheorie noch deren explizite Kritik auf. Der Staat als genuin politische Kategorie wird zwar kaum direkt, dafur aber uber andere Begriffe adressiert, wie Souveranitat und Gewalt, Produktionsverhaltnisse und Warenform oder soziale Kollektive wie Klasse und 'Volk'. Mit Problemen moderner Staatlichkeit beschaftigte sich Benjamin zeitlebens uber die kulturelle Sphare, und sein politisches Denken motivierte sich wesentlich aus Beobachtungen an Alltagsdingen und Konsumgutern sowie der Auseinandersetzung mit neuen (...) kunstlerischen Verfahren und Technologien. Der Band stellt diesen mittelbaren Zugriff heraus und versucht aufzuzeigen, welche Problemfelder von Benjamins politischem Denken je schon auf die Phanomene Staat und Staatlichkeit verweisen, ohne dass diese direkt angesprochen und ausgefuhrt wurden. Mit Beitragen von: Nils Baratella, Christine Blattler, Astrid Deuber-Mankowsky, Wolfram Ette, Jeanne Marie Gagnebin, Sebastian Jahn, Heinz Dieter Kittsteiner, Esther Leslie, Daniel Loick, Gerard Raulet, Sven Rucker, Gerhard Scheit, Falko Schmieder, Uwe Steiner, Martin Vialon, Christian Voller, Jannis Wagner. (shrink)

Die fünf Kommentare zu unserem Beitrag zeigen, dass wir uns mit unserem tugendbezogenen Kriterium für Vortragseinladungen zwischen alle Stühle gesetzt haben. Birgit Recki hält unser Kriterium für zu eng: Es schließe Personen aus, die erkenntnisbefördernde Beiträge leisten. Eva von Redecker und Daniel Loick halten unser Kriterium für zu weit: Es lasse bestimmte Formen von Rassismus zu, die an der Universität keinen Platz haben sollten. Dieter Schönecker und Maria-Sibylla Lotter sind der Meinung, wir argumentierten an den tatsächlich strittigen Fällen (...) vorbei. (shrink)

This essay explains what the Causal Markov Condition says and defends the condition from the many criticisms that have been launched against it. Although we are skeptical about some of the applications of the Causal Markov Condition, we argue that it is implicit in the view that causes can be used to manipulate their effects and that it cannot be surrendered without surrendering this view of causation.

Claims pertaining to understanding are made in a variety of contexts and ways. As a result, few in the philosophical literature have made an attempt to precisely characterize the state that is y understanding x. This paper builds an account that does just that. The account is motivated by two main observations. First, understanding x is somehow related to being able to manipulate x. Second, understanding is a mental phenomenon, and so what manipulations are required to be an understander must (...) only be mental manipulations. Combining these two insights, the paper builds an account (URM) of understanding as a certain representational capacity—specifically, understanding x involves possessing a representation of x that could be manipulated in useful ways. By tying understanding to representation, the account correctly identifies that understanding is a fundamentally cognitive achievement. However, by also demanding that which representations count as understanding-conferring be determined by their practical effects, URM captures the insight that understanding is vitally connected to practice. URM is fully general, and can apply equally well to understanding states of affairs, understanding events, and even understanding people and works of art. The ultimate test of URM is its applicability in actual scientific and philosophical discourse. To that end the paper discusses the importance of understanding in the philosophy of science, psychology, and computer science. (shrink)

Clark has recently suggested that predictive processing advances a theory of neural function with the resources to put an ecumenical end to the “representation wars” of recent cognitive science. In this paper I defend and develop this suggestion. First, I broaden the representation wars to include three foundational challenges to representational cognitive science. Second, I articulate three features of predictive processing’s account of internal representation that distinguish it from more orthodox representationalist frameworks. Specifically, I argue that it posits a resemblance-based (...) representational architecture with organism-relative contents that functions in the service of pragmatic success, not veridical representation. Finally, I argue that internal representation so understood is either impervious to the three anti-representationalist challenges I outline or can actively embrace them. (shrink)

Predictive processing has recently been advanced as a global cognitive architecture for the brain. I argue that its commitments concerning the nature and format of cognitive representation are inadequate to account for two basic characteristics of conceptual thought: first, its generality—the fact that we can think and flexibly reason about phenomena at any level of spatial and temporal scale and abstraction; second, its rich compositionality—the specific way in which concepts productively combine to yield our thoughts. I consider two strategies for (...) avoiding these objections and I argue that both confront formidable challenges. (shrink)

This paper discusses the principle of recombination for possible worlds. It argues that arguments against unrestricted recombination offered by Forrest and Armstrong and by David Lewis fail, but a related argument is a challenge, and recommends that we accept an unrestricted principle of recombination and the conclusion that possible worlds form a proper class.

What is understanding? My goal in this paper is to lay out a new approach to this question and clarify how that approach deals with certain issues. The claim is that understanding is a matter of compressing information about the understood so that it can be mentally useful. On this account, understanding amounts to having a representational kernel and the ability to use it to generate the information one needs regarding the target phenomenon. I argue that this ambitious new account (...) can accommodate much of the data that has motivated theories of understanding in philosophy of science, and can also be generally applicable in epistemology and daily life as well. (shrink)

One very popular kind of semantics for subjunctive conditionals is aclosest-worlds account along the lines of theories given by David Lewisand Robert Stalnaker. If we could give the same sort of semantics forindicative conditionals, we would have a more unified account of themeaning of ``if ... then ...'' statements, one with manyadvantages for explaining the behaviour of conditional sentences. Such atreatment of indicative conditionals, however, has faced a battery ofobjections. This paper outlines a closest-worlds account of indicativeconditionals that does better (...) than some of its cousins in explaining thebehaviour of such conditionals. The paper then discusses objectionsoffered by Dorothy Edgington and Frank Jackson to closest-worldsaccounts of indicative conditionals, and shows that these objections canbe met by the account outlined. (shrink)

The consensus among evolutionists seems to be that the morphological complexity of organisms increases in evolution, although almost no empirical evidence for such a trend exists. Most studies of complexity have been theoretical, and the few empirical studies have not, with the exception of certain recent ones, been especially rigorous; reviews are presented of both the theoretical and empirical literature. The paucity of evidence raises the question of what sustains the consensus, and a number of suggestions are offered, including the (...) possibility that certain cultural and/or perceptual biases are at work. In addition, a shift in emphasis from theoretical to empirical inquiry is recommended for the study of complexity, and guidelines for future empirical studies are proposed. (shrink)

In interpretations of the "Transcendental Aesthetic" section of the first Critique, there is a widespread tendency to present Kant as establishing that the representation of space is a condition for individuating or distinguishing objects, and to claim that it is on this basis that Kant establishes the apriority of this representation. The aim of this paper is to criticize this way of interpreting the "Aesthetic," and to defend an alternative interpretation. On this alternative, questions about the formation of the representation (...) of space figure more centrally, and the anti-Leibnizian character of Kant 's argument can be properly appreciated. (shrink)

expose some gaps and difficulties in the argument for the causal Markov condition in our essay ‘Independence, Invariance and the Causal Markov Condition’ ([1999]), and we are grateful for the opportunity to reformulate our position. In particular, Cartwright disagrees vigorously with many of the theses we advance about the connection between causation and manipulation. Although we are not persuaded by some of her criticisms, we shall confine ourselves to showing how our central argument can be reconstructed and to casting doubt (...) on Cartwright's claim that the causal Markov condition typically fails when there are indeterministic by-products. Why believe the causal Markov condition? Causation and manipulation The argument Indeterministic by-products and the causal Markov condition The chemical factory counterexample and PM2 Conclusions: causation and manipulability. (shrink)

There’s an argument around from so-called “linguistic theories of vagueness”, plus some relatively uncontroversial considerations, to powerful metaphysical conclusions. David Lewis employs this argument to support the mereological principle of unrestricted composition, and Theodore Sider employs a similar argument not just for unrestricted composition but also for the doctrine of temporal parts. This sort of argument could be generalised, to produce a lot of other less palatable metaphysical conclusions. However, arguments to Lewis’s and Sider’s conclusions on the basis of considerations (...) about vagueness are uncompelling, even if we accept the crucial premises about vagueness. And a good thing too, since the generalised form of the argument would prove far too much. (shrink)