The passage of the Sexual Offences Act 2003 and the Sex Offences Review which proceeded it was saturated with the rhetoric of autonomy, with consent treated as the hallmark of autonomous action. As a result, ss1-4 of the Act criminalise a range of non-consensual sexual activities. However, the Act contains numerous other offences which do not turn on the presence or absence or consent, with the result that ostensibly consensual sexual behaviour is criminalised in a range of circumstances. These offences (...) centre more objectivist criteria including the identity of the victim and the exchange of money for sexual services, and are justified by claims of protecting the vulnerable. Despite promises of a new approach to vulnerability that would move away from the status-based offences of the previous law, the overarching approach of the 2003 Act remains to categorise specific groups of people as ‘vulnerable’, and to subject their sexual behaviour to separate regimes of state scrutiny, protection and control. This chapter explores the impacts of state intrusion into these forms of ostensibly consensual sexual behaviour at two levels: the material consequences of various specific offences, and the overall effect of arranging sexual offences between universal offences of non-consensual behaviour and specific offences of exploiting various forms of vulnerability. It argues that this framework reflects an underlying notion of liberal subjecthood that is incompatible with the condition of vulnerability. It calls for a re-evaluation of the central principles of sexual offences in ways that centralise rather than marginalise the experiences of vulnerable victims, as one piece of a larger project of reimagining the legal subject. (shrink)

This chapter argues that consent is not an appropriate or effective way to distinguish legitimate sexual activity from sexual violation. Consent is enmeshed with a particular notion of the Kantian liberal subject and as such is inapt to respond to the bodily, affective and relational aspects of subjectivity in general and sexual subjectivity specifically. To champion consent as the standard for legitimate sexual activity implies that sexual relations are inherently asymmetric, obscures the context within which agreements to engage in sexual (...) activity are made, and overlooks the fluid and variable nature of sexual activity itself that renders it ill-suited to a consent framework. The Chapter considers alternative models of sex and sexual violation based on notions of communication and negotiation. Drawing on these models alongside theoretical argument and original empirical data, a new framework of ‘freedom to negotiate’ is proposed. The standard of ‘freedom to negotiate’ does not prescribe the form or content that any negotiation must take. It emphasizes instead the context in which sexual activity takes place, requiring that, at a minimum, all parties to sexual activity should have the space to negotiate both the fact and nature of their participation throughout the duration of that activity. (shrink)

This article reviews Giorgio Agamben's ninth installment in his Homo Sacer series, The Use of Bodies by Giorgio Agamben, translated by Adam Kotsko. The review considers Agamben's political philosophy framing of the body with reference to existentialist philosophy.

EMBARGOED - expected end date 20.06.2020.

To what extent does Scots law recognise an action for recovery of moveable property based on the ownership of the pursuer? Doctrinal answers to this question are usually forced to engage with the assertion of Lord Stair that “we make not use of the name or nature of Vindication”. This article seeks to further historical and doctrinal understanding of Stair's views by locating them within the broader theological and philosophical context of the development in Europe of a Reformed theory of (...) subjective rights. It is argued that Stair's comments must be understood in the context of disagreement about the role and status of Roman law in Scotland, and also a morally and philosophically rich understanding of ownership which focussed on the creation of a sphere of individually protected rights rather than the strictures of the Roman distinction between property and obligation. The article highlights debate between Stair and one of the other prominent jurists of the period, Sir George Mackenzie, and the extent to which their conflicting accounts of property law doctrine are inseparable from questions about legal authority and national identity. By situating Stair's views within their historical and intellectual context, it is hoped to encourage a more reflective approach to their status as doctrinal authority. (shrink)

This article explores the relationship between law, society, and economy in the context of the contemporary British welfare state. Drawing on themes in Polanyi's The Great Transformation, it identifies the constitutive role of contemporary social policy and law in the creation and maintenance of markets and opportunities for the private sector in the field of welfare, focusing on the institutional mechanisms being put in place to encourage this. What emerges is a reformulation of the function of the welfare state and (...) related law, as these are no longer predominantly driven by a logic of social protection via redistribution to those in need, but increasingly reflect the state's desire to create openings for the private sector within welfare. The institutions that once contributed to ensuring the embeddedness of the market economy in society now play an important role in processes of disembedding – with potentially detrimental consequences for those seeking assistance from the welfare state. (shrink)

This thesis explores the ethical impact of literary narrative fictions on the reader. It does so by focusing mainly on the reading experience since one of the main claims of the thesis is that literary narrative fictions are co-products of the author and the reader. In that sense the aforementioned impact cannot be understood without taking into account the creative acts of the reader. The exploration is carried out by focusing on three scholars whose investigations on the problem of literary (...) experience can be read as complementary works. In the first chapter I descriptively lay out Roman Ingarden’s investigation on the ontological and structural character of the literary work of art along with his phenomenological inquiry into the cognition of this work. By examining his basic claims about the nature of the literary work of art and its cognition, I discuss the ontological incompleteness of these works which necessitates the active role of the reader in giving the work its final shape. In the second chapter I focus upon Wolfgang Iser’s reader-response theory. Iser’s theory goes parallel to Ingarden’s in the sense that they both accept the openness of the work to the creative acts of the reader. Iser, however by his notions of depragmatization, negation and negativity suggest us a two-way traffic between the fictional work and the reader. Through the reading proses, by virtue of the negations and de-pragmatizations, the work invites the reader to reflect on the familiar norms it represents and suggest to her a new model to understand the real world. In this way, while giving a shape to the work, the reader is also shaped by it. The third chapter addresses the phenomenological hermeneutics of Paul Ricoeur. By exploring his notion of “narrative identity” as a mediator between the ipse and idem identities, my aim is to show the influence of the literary fictional narratives in understanding the identity of the individual subject as a temporal, historical, and intersubjective being. It is only through this understanding that we can construe the subject in her ethical identity. I will also focus on Ricoeur’s notions of “emplotment,” and “threefold mimesis,” which implies the active role of the reader in realizing the literary narrative fiction, so that I can reveal how fictional narratives enhance the notion of narrative identity. (shrink)

EMBARGOED - expected end date 17.03.2019.

The technique of preimplantation genetic diagnosis is commonly explained as a way of checking the genes of embryos produced by IVF for serious genetic diseases. However, complex accounts of this technique emerged during ethics discussion groups held for PGD staff. These form part of a study exploring the social processes, meanings and institutions that frame and produce ‘ethical problems’ for practitioners, scientists and others working in the specialty of PGD in the UK. Two ‘grey areas’ raised by staff are discussed (...) in terms of how far staff are, or in the future may be, able to support autonomous choices of women/couples: accepting ‘carrier’ embryos within the goal of creating a ‘healthy’ child; and sex selection of embryos for social reasons. These grey areas challenged the staff's resolve to offer individual informed choice, in the face of their awareness of possible collective social effects that might ensue from individual choices. We therefore argue that these new forms of choice pose a challenge to conventional models of individual autonomy used in UK genetic and reproductive counselling, and that ‘relational autonomy’ may be a more suitable ethical model to describe the ethical principles being drawn on by staff working in this area. (shrink)

Written in the form of a fairy tale dialogue, presented like a novella, here an attempt is being made to reduce the gap between that which is being said and that which is being referred to itself. It aims to breathe life into the hypothesis of Agamben appearing as and through Benjamin’s Storyteller and Translator by presenting it in a state of becoming. The form is a nod to the spirit of the fairy tale in the work of both Agamben (...) and Benjamin, and the dialogue to the importance of the oral tradition. Written in the form of a fairy tale dialogue, presented like a novella, here an attempt is being made to reduce the gap between that which is being said and that which is being referred to itself. It is aiming, to breathe life into the hypothesis of Agamben appearing as and through Benjamin’s Storyteller and Translator by presenting it in a state of becoming. (shrink)

The Research Excellence Framework of the Higher Education Funding Council for England is taking place in 2013, its three key elements being outputs, impact, and “quality of the research environment”. Impact will be assessed using case studies that “may include any social, economic or cultural impact or benefit beyond academia that has taken place during the assessment period.”1 Medical ethics in the UK still does not have its own cognate assessment panel—for example, bioethics or applied ethics—unlike in, for example, Australia. (...) Several researchers in medical ethics have reported to the Institute of Medical Ethics that during the internal preliminary stage of the Research Excellence Framework several medical schools have decided to include only research that entails empirical data gathering. Thus, conceptual papers and ethical analysis will be excluded. The arbitrary exclusion of reasoned discussion of medical ethics issues as a proper subject for medical research unless it is based on empirical data gathering is conceptually mistaken. “Empirical ethics” is, of course, a legitimate component of medical ethics research, but to act as though it is the only legitimate component suggests, at best, a partial understanding of the nature of ethics in general and medical ethics in particular. It also mistakenly places medicine firmly on only one side of the science/humanities “two cultures” divide instead of in its rightful place bridging the divide. Given the emphasis by the General Medical Council on medical ethics in properly preparing “tomorrow’s doctors,” we urge medical schools to find a way of using the upcoming Research Excellence Framework to highlight the expertise residing in their ethicist colleagues. We are confident that appropriate assessment will reveal work of high quality that can be shown to have social and cultural impact and benefit beyond academia, as required by the framework. (shrink)

Since the beginning of the 2008 economic crisis, reports of child work across Europe have increased. This article looks into the European Union legal framework that applies to children who work, and offers a socio-legal analysis of child work regulation more generally. In so doing, it considers the role of a range of factors relevant to the regulation of child work, including children’s rights, cultural relativism, social constructions of childhood, empirical evidence of the benefits and harm of child work, and (...) the different contexts in which children are found working. The article advances a justification for a restrictive approach in relation to child work in the European context, on the basis of legal, social, economic and cultural factors. (shrink)

This chapter considers the phenomenon of free indirect style, and what imaginative response it calls for from the reader who encounters it in a fiction. Two ‘single voice’ theories of free indirect style are discussed: one which argues that we should hear FIS only as implying the voice of a character whose experience is being evoked, and another which argues that we should hear FIS only as implying the voice of a narrator describing the experience of a character. This chapter (...) argues instead that the reader is called upon both to imagine from the inside the experience of a character, and that a narrator reports that experience; and that there is nothing incoherent or imaginatively challenging about this. Along the way, the chapter considers the relevance of this view to Goldie’s discussion of autobiographical memory ‘integrating’ ‘external and internal perspectives’ in The Mess Inside. (shrink)

In the first half of this book, I offer a theory of fictional content or, as it is sometimes known, ‘fictional truth’.The theory of fictional content I argue for is ‘extreme intentionalism’. The basic idea – very roughly, in ways which are made precise in the book - is that the fictional content of a particular text is equivalent to exactly what the author of the text intended the reader to imagine. The second half of the book is concerned with (...) showing how extreme intentionalism and the lessons learnt from it can illuminate cognate questions in the philosophy of fiction and imagination. For instance, I argue, my position helps us to explain how fiction can provide us with reliable testimony ; it helps explain the phenomenon of imaginative resistance ; and it fits with, and so supports, a persuasive theory of the nature of fiction itself. In my final chapter, I show how attending to intentionalist practices of interpreting fictional content can illuminate the nature of propositional imagining itself. (shrink)

Euthanasia is a practice that has taken place since immemorial times. And since immemorial times it has been controversial and a source of harsh debates. Throughout the last decades, many changes have been introduced in this field and many practices, until then only taking place without public knowledge, were progressively revealed and regulated. This paper aims, firstly, at clarifying the terminology and concepts usually used in the euthanasia debate and presenting, in a lucid way, the arguments that civic movements and (...) authors resort to when defending or criticising the liberalisation of euthanasia. Secondly, it describes the legal and social situation regarding euthanasia in several countries, where cases and legislation have demanded greater awareness from society. Thirdly, it attempts to compare the different national situations previously analysed. Finally, it discusses ways of improving the present situation and finding better solutions for the regulation of euthanasia. In such a debate, where moral, ethic and religious arguments and beliefs are called upon, it is crucial not to lose sight of the foundations of our culture and society. Therefore, this paper, although concentrating on the legal aspects of this debate, tries to take into account of some non-legal aspects which are also relevant and without which it is not possible to thoroughly discuss this issue. Ultimately, this paper does not attempt to portray a neutral position, sinc legal scholars should not necessarily limit themselves to technical and cold analysis of legal provisions. (shrink)

This book chapter analyses the different treatment of married and unmarried couples in the EU from the perspective of the application of fundamental rights to private law matters - the 'horizontal effect of fundamental rights' debate. This theme is usually discussed exclusively within the context of public or private law, so this work constitutes an original contribution to the debate on the subject-matter. The chapter compares relevant statutory instruments and case-law from nine jurisdictions, and concludes with policy recommendations.

The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or horizontal effect of fundamental rights. It discusses the different models of horizontal effect and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human (...) rights and European private law, this study draws insights from several legal fields, sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children's rights and European private law. (shrink)

This book chapter analyses the 'horizontal effect of fundamental rights and freedoms' debate in the context of European Union law. It offers an overview of the historical development of this debate in the European Union legal system and analyses the relevant doctrines and case law. This contribution to a two-volume comparative study offered for the first time a comprehensive and in-depth analysis of the subject-matter across all legal fields of European Union law.

The debate around private law harmonisation in the EU has gradually moved from a narrow scope of market-related issues to the creation of a European civil code. The relationship between this process and children’s rights is, however, rarely acknowledged. The political, social and legal legitimacy of these harmonisation eff orts have come under strict scrutiny, but hardly ever from the point of view of children. This article explores the impact of the process of legal harmonisation on children’s rights, and uses (...) the issue of children’s tort liability as a case-study. The legal solutions in this field are analysed and compared, and the academic proposals for harmonisation are assessed. This choice of subject and approach allows us to assess the advisability of further harmonisation, illustrate the importance of socio-economic factors in this process, and highlight the relevance of children’s rights and fundamental rights to this debate. (shrink)

Portugal’s migration history has been extensively explored in academic literature, including in legal scholarship. Yet, very little attention has so far been directed towards Portuguese refugee law. This may be due to the relatively low number of asylum seekers that Portugal receives, but that does not justify neglecting the study of the Portuguese socio-legal framework applicable to asylum seekers and refugees. This article addresses this gap by analyzing the framework in a European context, enhancing the analysis with a case study (...) of lesbian, gay, bisexual, transsexual, and intersex asylum seekers. The analysis explores the evolution of the current legal framework, the procedures and remedies available to asylum seekers, the substantive standards applied in decision making, and the broader socio-legal resources offered to asylum seekers. Several shortcomings and possible avenues of improvement are also identified. (shrink)

The EU has throughout its history benefited from variable levels of popular support and revealed different levels of capacity to deal with crises. The current circumstances, on account of financial pressures, social instability and present geographical and policy scope of the EU, require serious introspection and ‘soul searching’. What can be done if the EU is not to perish and, hopefully, become more part of the solution than of the problem? May becoming more humane be the answer? ‘Humane’ may be (...) defined in different ways, including compassionate, sympathetic and humanitarian. Non-Western cultures seem to have made a much more sophisticated use of this notion in broader contexts up to the present day. Chinese culture, through the Confucian notion of ‘jen’, places enormous value on humaneness as a way of achieving balance, empathy and the moral standard. In the African context, the notion of ‘ubuntu’ has served as the gateway through which humaneness infiltrates all aspects of society, including law and policy, namely by focussing on participation, co-responsibility, interdependence, respect and equality. This introduction presents an analytical framework through which the degree of humaneness of the different fields of EU law and policy can be assessed. (shrink)

European Union law has curtailed the traditional discretion Member States have in ordering non-nationals to leave their territory. Although Directive 2004/28 has enhanced the system of protection afforded to offending European Union citizens, it still contains a number of cracks that lead to policy incoherence and gaps in rights protection. This is evident in the first rulings on Article 28 of Directive 2004/38 concerning the deportation of offending EU citizens. These issues also threaten to transform European Union citizenship from a (...) fundamental status into a thin overlay that, under pressure from national executive power, loses its effect and significance. To be sure, EU citizenship has demonstrated that community belonging does not have to be based on organic-national qualities, cultural commonalities, or individuals' conformity to national values, but the continued deportation of long-term resident Union citizens makes nationality the ultimate determinant of belonging. The subsequent discussion suggests possible remedies and makes recommendations for institutional reform. (shrink)

The expulsion of large numbers of Roma individuals from France since 2009 has raised considerable debate in the context of EU law and policy. This was, however, accompanied by other discriminatory practices and forms of hostility, exclusion and violence against the Roma, such as finger-printing in Italy and educational segregation in the Czech Republic. A comprehensive approach and strong action by the EU against these practices was defended, which led to the Commission communication on the EU Framework on National Roma (...) Integration Strategies, a non-binding Parliament resolution and the Council recommendation on effective Roma integration measures in the member states. Such comprehensive approach may be in many respects appropriate, but the danger is to neglect the true relevance of concrete, enforceable and ‘hard law’ measures. This chapter thus explores the legal adequacy of EU action with regard to the Roma minority, particularly from free movement and EU citizenship perspectives. The scope for derogations from free movement and from the rights associated with EU citizenship are the centre pieces of this analysis, which critically analyses specific EU Member States’ restrictions on the free movement of the Roma minority and the EU response in this and other relevant aspects. (shrink)

The concept of legitimacy is examined through a reading of Habermas’s work on communicative action, and through a reading of the opening chapters of Between Facts and Norms. The claim that legal juries function in a manner similar to a ‘parliament’ is rejected in favour of a claim that they exercise a decentred ‘particle’ of popular sovereignty. An analysis of the jury’s lifeworld origins is undertaken and, the essay then considers the democratic function of the operation of ‘jury equity’ whereby (...) juries may produce ‘perverse’ decisions, or as described in the USA – jury ‘nullification’ whereby juries bring in verdicts that go against overwhelming evidence. (shrink)

This article concentrates on the formal and aesthetic aspects of Paweł Pawlikowski’s 2013 film Ida in the context of an increasingly visible interest in the history of Polish-Jewish relations in Poland, and with the loss of its Jewish communities in the Holocaust. The film encourages us to pose certain questions: how can something that is no longer present be represented or framed? How can loss be given visual shape, and grief a visible form? In exploring these questions, the article considers (...) how the framing of space becomes intertwined with the process of unearthing, with, that is, the excavation of human remains alongside the extraction of repressed or denied memories and histories. The film’s framing is also warped by grief, which is here understood not only as an individual reaction to loss, but also as inhering in material objects and taking shape in formal structures. Drawing on the writing of Eugenie Brinkema and Roland Barthes, the article explores how grief distresses visibility and illuminates absence. (shrink)

History plays an important part internally to the Kantian architectonic. In what follows, I argue that Kant’s conception of history as a unified whole presents distinctive features that are illuminating about the critical and moral commitments of his philosophy, and also conversely, that his conception of philosophy makes specific demands that his philosophical history aims to fulfill. The argument is structured around four questions, each of which I take in turn: Why does Kant believe it important that history be seen (...) as forming a whole? How does he argue for the unity of the whole? What are the specific claims he makes about history? And why should anyone care for philosophical history? (shrink)

The theory stating that oxidative stress is at the root of several diseases is extremely popular. However, so far, no antioxidant is recommended or offered by healthcare systems neither approved as therapy by regulatory agencies that base their decisions on evidence-based medicine. This is simply because, so far, despite many preclinical and clinical studies indicating a beneficial effect of antioxidants in many disease conditions, randomised clinical trials have failed to provide the evidence of efficacy required for drug approval. In this (...) review, we discuss the levels of evidence required to claim causality in preclinical research on OS, the weakness of the oversimplification associated with OS theory of disease and the importance of the narrative in its popularity. Finally, from a more translational perspective, we discuss the reasons why antioxidants acting by scavenging reactive oxygen species might not only prevent their detrimental effects but also interfere with essential signalling roles. We propose that ROS have a complex metabolism and are generated by different enzymes at diverse sites and with different timing. Aggregating this plurality of systems in a single theory of disease may not be the best way to develop new drugs, and future research may need to focus on specific oxygen-toxifying pathways rather than on non-specific ROS scavengers. Finally, similarly to what is nowadays required for clinical trials, we recommend making unpublished data available in repositories, as this will allow big data approaches or meta-analyses without the blinders of the publication bias. (shrink)

This chapter draws on the philosophical writing of Henri Bergson and Elizabeth Grosz, amongst others, in order to suggest ways in which the idea of duration can help to navigate slowness in cinema. In relation to Innocence specifically, the chapter identifies a dynamic oscillation between different visions of temporality: one that is imposed by the educational system, which sees change as the movement from one state of development to another, and the operation of duration as a ceaseless unfolding of multiple (...) temporal rhythms, which belies attempts to measure and control it. The chapter extends the notion of duration as infinitely graduated changes to the viewing process itself, arguing that the slow unfolding of scenes, moments and images in Innocence allows for a continual modulation between interpretative and sensory impulses. (shrink)

This chapter argues that the space of the thermal pool is central to Tarkovsky’s exploration of the mystery of sacrifice and the pain of exile in Nostalghia. Spatially, the geometry and textures of the pool are echoed throughout the film’s interiors, in hotel corridors and cathedrals. I propose that we can see Tarkovsky’s aesthetic in Nostalgia as one of overflow. The water that initially fills the pool overflows into nearly every scene, as interiors of houses are flooded in dream-like visions, (...) and the echoing sound of dripping water is omnipresent. Thematically, the film explores the way in which past and present, memory and dream, and the spaces of home and exile flow into each other, using techniques of superimposition. I argue that such overflowing, in both theme and aesthetic, can be productively read in conjunction with Henri Bergson’s theories of duration, in which variegated temporal rhythms continually bleed into each other. Nostalgia’s pool forms a space of becoming, where place and identity is continually in flux. (shrink)

Katyn– the Soviet massacre of over 21,000 Polish prisoners in 1940 – has come to be remembered as Stalin’s emblematic mass murder, an event obscured by one of the most extensive cover-ups in history. Yet paradoxically, a majority of its victims perished far from the forest in western Russia that gives the tragedy its name. Their remains lie buried in killing fields throughout Russia, Ukraine and, most likely, Belarus. Today their ghosts haunt the cultural landscape of Eastern Europe. This book (...) traces the legacy of Katyn through the interconnected memory cultures of seven countries: Belarus, Poland, Russia, Ukraine, and the Baltic States. It explores the meaning of Katyn as site and symbol, event and idea, fact and crypt. It shows how Katyn both incites nationalist sentiments in Eastern Europe and fosters an emerging cosmopolitan memory of Soviet terror. It also examines the strange impact of the 2010 plane crash that claimed the lives of Poland’s leaders en route to Katyn. Drawing on novels and films, debates and controversies, this book makes the case for a transnational study of cultural memory and navigates a contested past in a region that will define Europe’s future. (shrink)

Cinematic engagements with the history and memory of the immediate post-war and Stalinist periods in Poland highlight a number of preoccupations that recur in cultural and political discourse in general: the deep imbrication between the physical environment and its inhabitants, the suffering of Polish citizens as a consequence of Soviet imperialism, and the symbolic valence of proper and improper funerary rites and practices. Such preoccupations are shared amongst films with very different generic indices, such as Róża and Rewers, which this (...) chapter analyses in depth. Both films engage with the power structures and authority of the Soviet imperial machine and the Polish Communist government, though they focus on different areas of Poland in different eras. Róża takes place at the peripheries of the newly-established Communist Poland, in a space and period of displacement and disjunction: the north-eastern area of Masuria in the immediate aftermath of WWII and Soviet “liberation” and the incipient enforcement of Communist authority in the region. Rewers, on the other hand, locates itself in the center of government authority, Warsaw, at a time when such authority had come to be well established under the auspices of Stalin and Polish Communist Party Leader Bolesław Bierut. Both Róża and Rewers explore how the large-scale historical movements that affected Poland, specifically those concerned with the reach of the Soviet empire and Communist power, were literally inscribed onto the body in rape, torture, suffering and violence. Both films depict challenges to the Soviet regime’s desire to homogenise, to, that is, create a homogenous space – expelling political forces or ethnicities that threatened it – and a homogenous set of bodies – in the cult of the healthy body and productive worker. Such challenges are mounted through the representation of body, identity and nation as disparate, disjunctive, displaced, untameable, and fundamentally heterogeneous. (shrink)

Matilda Mroz argues that cinema provides an ideal opportunity to engage with ideas of temporal flow and change. Temporality, however, remains an underexplored area of film analysis, which frequently discusses images as though they were still rather than moving. This book traces the operation of duration in cinema, and argues that temporality should be a central concern of film scholarship. In close readings of Michelangelo Antonioni’s L’Avventura, Andrei Tarkovsky’s Mirror, and the ten short films that make up Krzysztof Kielowski’s Decalogue (...) series, Mroz highlights how film analysis must consider both particular moments in cinema which are critically significant, and the way in which such moments interrelate in temporal flux. She explores the concepts of duration and rhythm, resonance and uncertainty, affect, sense and texture, to bring a fresh perspective to film analysis and criticism. Essential reading for students and scholars in Film Studies, this engaging study will also be a valuable resource for critical theorists. (shrink)

Andrzej Wajda’s Kanał/Kanal was expected by many audience members to finally portray the ‘true’ history of the 1944 Warsaw Uprising, a history that had been distorted by Poland’s Communist government. Their condemnation of the resistance movement, the Armia Krajowa, or Home Army, meant that many of the memorial practices that were needed to commemorate the deaths of AK members were not permitted. This article argues that the virtual sphere of cinema could enact particular commemorative practices. As writer Jerzy Stefan Stawiński (...) noted, Kanal was expected to provide a ‘bronze monument’ to the Uprising insurgents. The film’s commemorative gestures, however, are enacted alongside other, conflicting, processes. The film may have aspects of the ‘bronze monument’, but also a literal and figural underside, a sewer whose logic of abjection, waste, death, meaninglessness, and trauma pervades the film. My analysis of the film’s internal conflicts partly draws upon the film’s original reception in the Polish press, focusing upon the vocabularies and discourses that were available to writers attempting to describe Kanal’s status as monument, its privileging of truth and witnessing, as well as its visceral force, and its refusal of closure and consolation. (shrink)

Background: Black, Asian and minority ethnic groups have a high need for organ transplantation but deceased donation is low. This restricts the availability of well-matched organs and results in relatively long waiting times for transplantation, with increased mortality risks. Objective: To identify barriers to organ donor registration and family consent among the BAME population, and to develop and evaluate a training intervention to enhance communication with ethnic minority families and identify impacts on family consent. Methods: Three-phase programme comprising community-based research (...) involving two systematic reviews examining attitudes and barriers to organ donation and effective interventions followed by 22 focus groups with minority ethnic groups; hospital-based research examining staff practices and influences on family consent through ethics discussion groups with staff, a study on intensive care units and interviews with bereaved ethnic minority families; and development and evaluation of a training package to enhance cultural competence among ICU staff. Setting: Community focus group study in eight London boroughs with high prevalence of ethnic minority populations. Hospital studies at five NHS hospital trusts. Participants: Community studies: 228 focus group participants; hospital studies: 35 nurses, 28 clinicians, 19 hospital chaplains, 25 members of local Organ Donation Committees, 17 bereaved family members; and evaluation: 66 health professionals. Data sources: Focus groups with community residents, systematic reviews, qualitative interviews and observation in ICUs, EDGs with ICU staff, bereaved family interviews and questionnaires for trial evaluation. Review methods: Systematic review and narrative synthesis. Results: Community studies: Organ Donor Register – different ethnic/faith and age groups were at varying points on the ‘pathway’ to organ donor registration, with large numbers lacking knowledge and remaining at a pre-contemplation stage. Key attitudinal barriers were uncertainties regarding religious permissibility, bodily concerns, lack of trust in health professionals and little priority given to registration, with the varying significance of these factors varying by ethnicity/faith and age. National campaigns focusing on ethnic minorities have had limited impact, whereas characteristics of effective educational interventions are being conducted in a familiar environment; addressing the groups’ particular concerns; delivery by trained members of the lay community; and providing immediate access to registration. Interventions are also required to target those at specific stages of the donation pathway. Hospital studies: family consent to donation – many ICU staff, especially junior nurses, described a lack of confidence in communication and supporting ethnic minority families, often reflecting differences in emotional expression, faith and cultural beliefs, and language difficulties. The continuing high proportion of family donation discussions that take place without the collaboration of a specialist nurse for organ donation reflected consultants’ views of their own role in family consent to donation, a lack of trust in SNODs and uncertainties surrounding controlled donations after circulatory death. Hospital chaplains differed in their involvement in ICUs, reflecting their availability/employment status, personal interests and the practices of ICU staff. Evaluation: professional development package – a digital versatile disk-based training package was developed to promote confidence and skills in cross-cultural communication. Initial evaluation produced positive feedback and significant affirmative attitudinal change but no significant difference in consent rate over the short follow-up period with requirements for longer-term evaluation. Limitations: Participants in the focus group study were mainly first-generation migrants of manual socioeconomic groups. It was not permitted to identify non-consenting families for interview with data regarding the consent process were therefore limited to consenting families. Conclusions: The research presents guidance for the effective targeting of donation campaigns focusing on minority ethnic groups and provides the first training package in cultural competence in the NHS. Future work: Greater evaluation is required of community interventions in the UK to enhance knowledge of effective practice and analysis of the experiences of non-consenting ethnic minority families. Funding: The National Institute for Health Research Programme Grants for Applied Research programme. (shrink)

This paper contends that soft computing can help us investigate the aesthetics of digital computation. Employing broader conceptions of aesthetics and perception, and whilst drawing upon the ontology of Alfred N. Whitehead, it uses soft computing to address the 'prehensive' dimension of the quantitative procedures of computation, and explores the interrelationship between the factuality and formality of computational structures.

This thesis defends a novel interpretation of the normative foundations of Hegel’s mature social and political philosophy. It argues that autonomous agency is grounded in a drive to comprehend ourselves, which gives us an aim to which we are inescapably committed as agents. It argues that this aim ultimately makes it rational to cultivate and act out of a feeling of “ethical love”, which is a positive evaluative attitude towards the goods of other individuals that, in turn, implies a commitment (...) to the social and political institutions Hegel outlines in his theory of Sittlichkeit, or ethical life. Ethical love is the ultimate way in which individuals make themselves comprehensible to themselves; ethical life is the way in which they express that love. It is for this reason that acting autonomously ultimately requires participating in such institutions. I suggest that this interpretation avoids some of the shortcomings of alternative approaches to this matter. Chapter 1 introduces the notion of autonomous agency as underpinned by a drive towards self-comprehension. In chapter 2, I argue that this drive operates both with respect to our individual identities and developmentally, over time, in that agents characterised by this drive are led ultimately to conceive of themselves as “persons”, in Hegel’s technical sense: as agents who are rationally compelled to recognise others. In chapters 3 and 4, I show that there is a tension between these two aspects of our identities, and that Hegel’s theory of objective mind is effectively the working out of this tension. (shrink)

EMBARGOED - expected end date 02.03.2018.

In 1931, Kurt Gödel determined the incompleteness of formal axiomatic systems by demonstrating that there are propositions that cannot be proved or disproved within the system in question. In 1936, Alan Turing showed that some functions cannot be computed, and thereby described the limits of computing machines before any such machine was built. In this essay I will turn to these logical discoveries in order to argue that incompleteness and incomputability can be employed as conceptual tools to re-engage with the (...) axiomatic character of computation. This re-engagement with formal axiomatic structures, I will claim, has important consequences for the aesthetic investigation of computation. Computational aesthetics is understood here as an enquiry into the relation between abstraction and experience in computation. In this respect, the concepts of the incomplete and the incomputable will be mobilised philosophically, beyond the technical scope of Gödel’s and Turing's work, to argue for the autonomy and reality of computational abstraction. Gödel’s and Turing’s discoveries preclude the possibility that axiomatic formulation could be the method through which the metacomputation of the intelligible and the sensible is accomplished. These discoveries in fact prove that the computational axiomatic system is not transcendentally closed to contingency, as metacomputational approaches geared towards the formulisation of reality would have it, but is instead immanently open to its own eventuality. I will thus argue that there is a contingent ontology of computation that is to be found within computation’s formalisms. This contingent ontology is not predicated upon the empirical or the phenomenal, but is inherently formal and computational. For the philosophical investigation of the aesthetics of computation, such an ontology of the contingent computational structure opens up the possibility of thinking computational forms beyond the limits of formulae, together with that of engaging with formalism beyond the idealisation of beautiful and truthful determinisms. (shrink)

Whose personal is more political? This article explores the role of experience in contemporary feminist politics, arguing that it operates as a form of capital within abstracted and decontextualised debates which entrench existing power relations. In a neoliberal context in which the personal and emotional is commodified, powerful groups mobilise traumatic narratives to gain political advantage. Through case study analysis this article shows how privileged feminists, speaking for others and sometimes for themselves, use experience to generate emotion and justify particular (...) agendas, silencing critics who are often from more marginalised social positions. The use of the experiential as capital both reflects and perpetuates the neoliberal invisibilisation of structural dynamics: it situates all experiences as equal, and in the process fortifies existing inequalities. This competitive discursive field is polarising, and creates selective empathies through which we tend to discredit others’ realities instead of engaging with their politics. However, I am not arguing for a renunciation of the politics of experience: instead, I ask that we resist its commodification and respect varied narratives while situating them in a structural frame. (shrink)

In this book the author argues that the Falasifa, the Philosophers of the Islamic Golden Age, are usefully interpreted through the prism of the contemporary, western ethics of belief. He contends that their position amounts to what he calls ‘Moderate Evidentialism’ – that only for the epistemic elite what one ought to believe is determined by one’s evidence. The author makes the case that the Falasifa’s position is well argued, ingeniously circumvents issues in the epistemology of testimony, and is well (...) worth taking seriously in the contemporary debate. He reasons that this is especially the case since the position has salutary consequences for how to respond to the sceptic, and for how we are to conceive of extremist belief. (shrink)

Within political theory the concept of recognition has been generally drawn upon to develop a particular form of ethical theory. The concept has been deployed in debates over culture, feminism, multiculturalism, individual and group rights, and as a means of conceptualising colonialism. A less dominant contemporary line of inquiry is the use of the concept of recognition to think through modes of pre-capitalist and capitalist accumulation. Much of the early philosophical radicalism contained within the concept of recognition has been lost (...) via its subsumption within liberal political theory. Against such a liberal ‘flattening-out’ of recognition this chapter builds an alternative interpretation which focuses upon the relationship between recognition and accumulation. This is done by way of examining how questions of economic power and accumulation were central G.W.F. Hegel’s theory of recognition. In this light, the chapter develops an understanding of recognition as a ‘hinge concept’ – one which links economic relations, the juridical form, moral claims and political struggle. By focusing upon its antagonistic basis, as struggle, a concept of recognition gives us a useful way of thinking about both historical and contemporary modes of global capitalist accumulation. (shrink)

This paper concerns connection between knowing or accepting a logical principle such as Modus Ponens and actions of reasoning involving it. Discussions of this connection typically mention the so-called ‘Lewis Carroll Regress’ and there is near consensus that the regress shows something important about it. Also, although the regress explicitly concerns logic, many philosophers think that it establishes a more general truth, about the structurally similar connection between epistemic or practical principles and actions involving them. This paper’s first aim is (...) to address key interpretations Carroll’s regress as clearly as possible so as to show precisely how it might be relevant to questions concerning the connection between logical knowledge and reasoning, and, more broadly, to discussions of how epistemic or practical principles may be action-guiding. Its second aim is to show that the regress fails to establish anything of substance about the connection between logical knowledge and reasoning, or any other structurally similar relation, unless substantive, contentious and typically undefended assumptions are made. The consensus is thus on shaky ground. (shrink)

In thinking about Rancière and Law, as this collection exhorts us to do, I have turned my attention to one of the most well-known areas of Rancière’s writings, the Rights of Man. In “Who is the Subject of the Rights of Man?”, Rancière aimed a broadside at the rights-scepticism which can be traced in much of critical theory to the writings of Hannah Arendt, and an older tradition on the right exemplified by Edmund Burke and Jeremy Bentham. Rancière’s writings and (...) thought cover a wide range of areas, but it is the famous focus on rights which interests me here, as it brings to bear the problematisation of the ‘subject’ which Rancière develops in his writings. Rancière does not take an ontological view of the subject. Rancière’s writings on human rights attempt to get out of an ontological trap he sees being promulgated in relation to them. These writings on rights and the subject illustrate Rancière’s conception of politics as a process, which emphasises a dynamic staging of conflicts and the impossibility of stepping outside that discussion and conflict. My starting point is Daniel Defoe’s Robinson Crusoe. This eighteenth century piece of literature is key for the discussion about the subject of human rights, and the paradoxes which those rights contain. This novel was used in United Nations debates to justify parts of the drafting of the Universal Declaration of Human Rights. In basing the subject of human rights in part on the eponymous hero of the same novel, the drafting committee constructed a vision of the human subject which conflated the figures of man and citizen. The subject of human rights was not a natural man, but intimately connected and indivisible from the society in which he was living. I connect Arendt’s critique of the right to have rights to these debates at the United Nations, illustrating how they lend support to Arendt’s criticisms of human rights. I then outline Rancière’s counter-critique of Arendt, and his defence of politics and rights. I show how Rancière’s distinction between politics and the police envisions a subject which is created through ‘dissensual’ acts. These acts of ‘dissensus’ are the very divisions, the strife or the conflict which constitutes the stage on which politics occurs. Rancière’s subject does not need to act politically in an existing public sphere where individuals recognise each other as equal and distinct. Rather, the acts they commit help contest the very meaning of rights and politics; a politics which always entails the verification of equality as such. I want to turn to the consequences of this processual politics. I use Rancière’s writings on politics and his defence of rights to illustrate how, in his schema, political subjects can be formed and new subjects hitherto unrecognised can be created through dissensual acts. I argue that in Rancière, any judgment on the quality of a political act, and the subject it can create, is necessarily made ex post facto. Rancière’s separation of politics from ethics forces us to avoid pre-judgments of the political nature of acts. This carries the risk that the reader of Rancière will interpret only the acts they are already sympathetic towards as ‘political’ and dissensual. The political remains in the eye of the beholder. As a result, this processual politics must be supplemented with a later judgment to be able to differentiate between potential political acts. In treating Rancière as a serious thinker of modernity and of rights, we need a way to distinguish between an act which is, for example, carried out by racists or those who oppress rights, and an act carried out by a demonstrator or as an act of resistance against hegemony. I argue that it is possible, following Rancière, to conceive of both as acts of dissensual politics potentially giving rise to political subjects. This in turn highlights the key issue for me in relation to Rancière’s thought. How can we distinguish between the quality of actors who act politically, without falling back on a presumed political sphere or modern liberal political philosophy? I conclude that a stronger questioning of the types of judgment needed to differentiate between political acts is required to avoid Rancière’s thought being used to justify forms of action the reader finds sympathetic. (shrink)

An essay on the meaning of 'simplicity' in Hegel's philosophy and its significance for poetry.

Western science claims to provide unique, objective information about the world. This is supported by the observation that peoples across cultures will agree upon a common description of the physical world. Further, the use of scientific instruments and mathematics is claimed to enable the objectification of science. In this work, carried out by reviewing the scientific literature, the above claims are disputed systematically by evaluating the definition of physical reality and the scientific method, showing that empiricism relies ultimately upon the (...) human senses for the evaluation of scientific theories and that measuring instruments cannot replace the human sensory system. Nativist and constructivist theories of human sensory development are reviewed, and it is shown that nativist claims of core conceptual knowledge cannot be supported by the findings in the literature, which shows that perception does not simply arise from a process of maturation. Instead, sensory function requires a long process of learning through interactions with the environment. To more rigorously define physical reality and systematically evaluate the stability of perception, and thus the basis of empiricism, the development of the method of dimension analysis is reviewed. It is shown that this methodology, relied upon for the mathematical analysis of physical quantities, is itself based upon empiricism, and that all of physical reality can be described in terms of the three fundamental dimensions of mass, length and time. Hereafter the sensory modalities that inform us about these three dimensions are systematically evaluated. The following careful analysis of neuronal plasticity in these modalities shows that all the relevant senses acquire from the environment the capacity to apprehend physical reality. It is concluded that physical reality is acquired rather than given innately, and leads to the position that science cannot provide unique results. Rather, those it can provide are sufficient for a particular environmental setting. (shrink)

Many commentators have failed to identify the important issues at the heart of the debate between Habermas and Rawls. This is partly because they give undue attention to differences between their respective devices of representation, the original position and principle, neither of which are germane to the actual dispute. The dispute is at bottom about how best to conceive of democratic legitimacy. Rawls indicates where the dividing issues lie when he objects that Habermas’s account of democratic legitimacy is comprehensive and (...) his is confined to the political. But his argument is vitiated by a threefold ambiguity in what he means by “comprehensive doctrine.” Tidying up this ambiguity helps reveal that the dispute turns on the way in which morality relates to political legitimacy. Although Habermas calls his conception of legitimate law “morally freestanding”, and as such distinguishes it from Kantian and Natural Law accounts of legitimacy, it is not as freestanding from morality as he likes to present it. Habermas’s mature theory contains conflicting claims about relation between morality and democratic legitimacy. So there is at least one important sense in which Rawls's charge of comprehensiveness is made to stick againstHabermas’s conception of democratic legitimacy, and remains unanswered. (shrink)

German translation of Darrow Schecter, The Critique of Instrumental Reason from Weber to Habermas, London, Continuum, 2010.

In this chapter, the author offers a selective critical history in which he traces the difference between the tendency which Michael Dummett represents and the philosophers among whom Timothy Williamson is naturally placed to a difference in metaphysics which has much longer roots. He suggests that the ultimate source of the kind of role Dummett gives to thought is Hume's skeptical view of necessity, with its famous consequences for metaphysics. The philosophy of language is the key to the most fundamental (...) philosophy. The author argues that the ordinary language tradition had its origins, at least, in anti‐realism about modality, and continued throughout its history to take an attitude to philosophy in general, and metaphysics in particular, which is hard to justify without that anti‐realism ‐ even if it is characteristic of the philosophers in this tradition that they did not generally attempt to justify it. (shrink)

Bernard Stiegler interviewed by Ben Roberts, Jeremy Gilbert and Mark Hayward.

Media studies as a field has traditionally been wary of the question of technology. Discussion of technology has often been restricted to relatively sterile debates about technological determinism. In recent times there has been renewed interest, however, in the technological dimension of media. In part this is doubtless due to rapid changes in media technology, such as the rise of the internet and the digital convergence of media technologies. But there are also an increasing number of writers who seem to (...) believe that media theory, and more widely social science and the humanities, needs to rethink the question of technology and its relationship to society, culture and cultural production. Andrew Feenberg has characterized the two most dominant positions as, on the one hand, the social constructivist or 'technology studies' approach to technology, and, on the other, 'substantivist' theories of technology. The social constructivist approach, aims to counter technological determinism by showing how the development of technology is shaped not by technical and scientific progress but by contingent social, cultural and economic forces. The limitation of this view, however, is that it tends to see technology as no different from any other social process and it may lose the ability to distinguish between the technical object and any other social formation or cultural artefact. Doubtless constructivism would like to see technology as a subset of the cultural artefact and not vice versa, therefore explaining technology in terms of culture and society. But there are powerful arguments for arguing something like the opposite: in other words for understanding culture and society in terms of or as technical objects. In recent years this argument has been put most forcefully by the French philosopher Bernard Stiegler and it is to his work and its implications for media theory that this essay is dedicated. In particular I will show how Stiegler might defend his ideas around technics from the charge of technological determinism. Firstly, technics is not understood in the narrow sense of techno-scientific technology but in the wider sense of all the ways in which the human is exteriorised into artefacts or organized inorganic matter. Technics in this sense is therefore inseparable from culture and society and it makes no sense either to talk of technics determining culture and society or vice versa. Culture and society are not constituted by technics as if by a cause but rather constituted through it. Secondly, a technics in Stiegler's sense does not represent scientific progress or a deterministic evolution; rather, however strange this may seem, technics is a kind of pure accidentality or contingency. For Stiegler it is because of the exteriorisation of the human into artefacts or inorganic organized matter that culture and society constitute themselves contingently. Stiegler's work therefore offers a way for us to rethink the relationship between culture and technology in ways which can productively reconfigure the concerns of critical theory. (shrink)

This article examines the emerging State practice on the evolving corporate social responsibility standard. It examines its public international law instruments and particularly analyses the role of States in the development of CSR norms and the potential of these norms to impact the recognition, promotion and protection of human rights. The article also assesses the UN effort to consolidate the standards that have emerged from soft law instruments in public international law, focusing on the Ruggie’s process and its potential impact (...) on the future development of the law and practice in this area. The article shows an emerging convergence of standards and practices and coherence on certain themes that could ultimately lead to the establishment of stronger international norms on CSR. A key example is human rights standards for corporations regarding their activities in host States. (shrink)

in response to william james’s assertion that he developed American pragmatism, C. S. Peirce remarked that “Berkeley on the whole has more right to be considered the introducer of pragmatism into philosophy than any other man, though I was more explicit in enunciating it.”1 If Edwards is sometimes taken to be America’s first metaphysician, and Franklin to be the founder of an American trajectory of practical action, this paper will instead examine how we might rethink Berkeley’s immaterialism within both the (...) tangled skein of questions of matter and mind in transatlantic and early American thought and, per Peirce’s assertion, as offering another trajectory in American thought. I will do so by exploring how.. (shrink)

This thesis presents an interpretation of David Williams' Lessons to a young prince ostensibly from a publisher-centric viewpoint. Through close analysis of its English-language editions it argues that Lessons has been consistently misattributed, misread, and otherwise taken out of context. The agglomeration of both contextual and particular factors contributed to this general negligence, but the most important factors were anonymity and the transformation of the text by the addition of a tenth lesson on Edmund Burke's Reflections, which altered the way (...) Lessons was read by contemporaries in light of the revolution controversy. The thesis suggests that the explicit ad-hominen attack on Burke in the tenth lesson overshadowed what amounted to an implicit attack on Burke-in-transition towards Reflections contained in the original nine lessons. Using a significant body of previously unknown material to identify Williams' intended audience and the effects of anonymity, genre, and advertising on reader-response to Lessons, the thesis adds to existing knowledge about Williams' intentions and to the way his texts were read and understood by contemporaries. More particularly it underscores the importance of his publishers and charts their impact upon his text. The influence that Lessons' publishers had on the impact of the text, both intentional and unintentional had received no scholarly attention, and they are themselves, as publishers, understudied. However, as this thesis shows, their direct textual interpolations increased the satirical vigour of Lessons, whilst a sophisticated marketing campaign attempted to influence reader reception as well as sales. Indirectly, anonymity caused readers to superimpose the political sympathies of the publishers onto Lessons, which further pre-ordained the terms on which they were read. (shrink)

Chance, in the sense of the incalculable, the indeterminable, names the limit of every estimation of the truth. Whereas traditional philosophical discourses aspire to transcend this limit, deconstruction affirms on the contrary its necessity; not as a higher principle that relativizes truth and renders all our calculations futile, as is commonly suggested by flippant appropriations of Derrida’s work, but as a structural property within every event and every concept, every mark. Rather than a mere impediment to the pursuit of truth (...) then, the incalculable forms a necessary correlative of the pursuit itself. Deconstruction effectively attests to and exemplifies the dependence of every philosophical discourse on its irreducible, inherent limitation. With reference to numerous commentaries on Derrida’s work, Chapter 1 shows that the unconditional indeterminability of a deconstructive, methodological identity is indissociable from deconstruction’s critical import. And as Chapter 2 verifies in turn, focusing now primarily on Derrida’s lecture ‘My Chances/Mes Chances’ and the performative aspects of his writing, deconstruction’s appeal to the accidental and the idiomatic is not a call to irresponsibility and a turning away from theory; it is what ensures its remarkable theoretical consistency. Through close readings of Aristotle, Freud, Richard Rorty and William James, Chapter 3 demonstrates that any attempt to regulate chance cannot help but put chance to work instead. Not even fiction can arrest its contaminating force. Reading Derrida alongside Edgar Allan Poe, Chapter 4 posits that the commonsensical conception of chance as a deviation from the truth is bound up with an uncritical notion of literary writing as sheer untruthfulness, and hence as the site of pure chance. The constitutive pervasiveness of chance bears out, in the first place and above all, the instability of the limit that separates fiction from non-fiction, truth from non-truth. (shrink)

This thesis is a reading of five Don DeLillo novels in relation to the later philosophy of Ludwig Wittgenstein, beginning with Falling Man, and working backwards to The Names. It is an attempt to think about the philosophical aspects of DeLillo’s work; in particular, the various ways in which it is engaged with the possibility of metaphysics and its relation to the ordinary. It examines the ambiguous status of metaphysics, and the nature of transcendence and the ordinary in his fiction, (...) arguing that they form a dialectical relation, which guides, structures and informs many of the pressing spiritual, existential, aesthetic, ontological and epistemological concerns of his writing. This dialectic is illuminated by a parallel dialectic at work in Wittgenstein’s philosophy. Wittgenstein’s thought is useful for a number of reasons: it is a method or style of seeing rather than a systematic, substantive theory; though critical of metaphysics it is profoundly engaged with the inescapability of the metaphysical impulse, and the way metaphysical problems seem embedded in everyday language; and it is committed to the ordinary, but not in any reductive sense – it is not a defence of common sense or conventional beliefs. Understanding DeLillo’s engagement with metaphysics as part of a dialectic with the ordinary, and viewing it through an encounter with Wittgenstein, will prevent recourse to traditionalist conceptions of language and meaning while at the same time resisting and critiquing the postmodern scepticism frequently invoked in DeLillo criticism. The thesis consists of a series of comparative readings that aim to further our understanding of DeLillo’s novels and Wittgenstein’s philosophy; readings centred around a set of closely related concerns that reflect different aspects of the dialectic between the ordinary and the transcendent: the paradox of the ordinary; the limits of language; looking at the overlooked; spiritual yearning; and the logical sublime. (shrink)

This essay considers literary "experimentalism" as a constructed category animated by epistemic virtues, using the case study of "contact" as both anthropological and literary values in the 1920s. Examines Language writing, the work of William Carlos Williams, and the Writing Culture group in anthropology.

The object of this thesis is the examination of the concept of political representation in the corpus of Hobbes, Locke, Hegel and Marx. Through the method of textualreconstruction I foreground the concept’s salience in their writings. Political representation constitutes a unitary political society as the basis of representative government by entrusting to a separate part of the political community the exercise of the legislative and executive functions on behalf of the political society. Hobbes’s author-actor model grounded the concept of political (...) representation by introducing the act of the transfer of will to a representative by authorisation. Thereby he established the problematic relationship of permanently alienated, absolute, representative power acting in the name of the political community. Locke conceptualised political representation in a way that restored to political society the power to determine the legitimacy of its representative government in case the latter transgressed the norm of acting for the public good of society. Hegel, in turn, assigned to political representation the crucial function of integrating civil society into the power system of the state thus securing the identity of subjective and objective freedom in the rational state, though political representation bestows only formal freedom to civil society’s involvement in the affairs of the state. For Marx, the relationship of political representation makes the representative polity appear as a democratically governed political society within which individual freedom and the public good are secured. This is vitiated by the rift between political society/state and civil society. Marx censures liberal and republican theory for ignoring the primacy of civil/bourgeois society over the representative political society. As a consequence,he argues,the representative polity is not a form of self-government but other-determined and neither freedom nor the public good are realised. Instead, under the regime of private property, money assumes the authorial function of organising social exchange and human relations, shaping the representative polity after its own image, and thus it renders democracy as popular sovereignty a lie. (shrink)

This thesis engages in analysis and interpretation of certain ideas within the critical theory of Theodor W. Adorno. These analyses are placed into a constellational relationship with some filmic works of Andrei Tarkovsky and Michael Haneke. In doing so, I aim to highlight the ongoing relevance and validity of at least some core elements of Adornian theory in a contemporary context. The thesis consists of four substantive chapters. The first chapter functions as an extended introduction to and justification for the (...) thesis as a whole, and it provides the theoretical background to the project before explicating the idea of a constellational method. The second chapter explores the notion of mimesis in Adorno’s thought and Tarkovsky’s films as a crucial rejoinder to the prevailing ‘communicative’ paradigm instituted in large part by Jürgen Habermas’ work. The third chapter considers the importance of marginality to the task of social critique by analyzing Adorno’s theoretical reflections on the matter and how these can be related to and supported by Haneke’s filmic work. The fourth and final chapter examines the relationship between humanity and nature within two preeminent ecological discourses, in contrast to Adorno’s critical theory and some of Tarkovsky’s films, with the intention of showing how the latter offer a more nuanced and dialectical understanding of this relation. Throughout the analyses herein, I defend and demonstrate the fertility and pertinence of Adornian theory, for both the interpretation of film and robust criticism of extant social and political conditions. The thesis shows that by constellating Adorno’s critical theory with film one may bring out important insights that enhance and enable people’s capacity to critically respond to the woefully inadequate status quo. (shrink)