Tijdschrift Voor Filosofie 67 (3):527-546 (2005)

Aukje Van Rooden
University of Amsterdam
Both Jean-François Lyotard and Jean-Luc Nancy have tried to understand the law within the heterogeneity of society by means of Kant's notion of 'as if'. Kant introduced this notion in order to respect the gap between reason and intuition; Lyotard and Nancy took it up to explain the lack of unity in society. In the margins of their work — footnotes and postscripts — they have discussed this theme and searched for the presuppositions and risks of each others position, as a result of which the 'as if' is considered from different perspectives and the philosophies of Lyotard and Nancy are illuminated inopposition to each other. Although this discussion commenced in the seventies, this theme is currently more topical than ever as is clear from the development of the Europeanand Iraqi constitutions. An analysis of the complex discussion between Lyotard and Nancy is given to provide insight into the principles that constitute the law. Both Lyotardand Nancy are trying to solve the problem of how to judge without a given rule. Lyotardis mainly concerned with understanding the 'as if' as an attempt to respect heterogeneity, while Nancy criticizes Lyotard for ignoring the constitution of this heterogeneity.Nancy uses the notion of 'dislocation' to understand both every case as an accident andthe neglect of this aspect by the jurisdiction. At the same time, we will elaborate on the reception of the Kantian thinking in French philosophy. Although the importance of well-known notions such as the sublime have been emphasized many times, the relevance of the 'as if' has not been thoroughly investigated. It will be shown that the notion ofthe 'as if' can be fruitful for understanding the creative element of jurisdiction, that is, for judging without rules
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Translate to english
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 53,617
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Hoe werk te maken van de gemeenschap? De discussie tussen Bataille, Nancy en Blanchot.Aukje van Rooden - 2004 - Algemeen Nederlands Tijdschrift voor Wijsbegeerte 96 (4):262-278.


Added to PP index

Total views
14 ( #656,831 of 2,348,762 )

Recent downloads (6 months)
1 ( #512,546 of 2,348,762 )

How can I increase my downloads?


My notes