The use of excessive force in war is an all-too-familiar phenomenon that resists an obvious philosophical solution. A principle that prohibits disproportionate use of force is commonly recognized. Yet I argue that an adequate proportionality principle is more difficult to formulate than may appear. There are too many morally relevant considerations to be weighed — especially harms to combatants versus noncombatants, depending on which side they are on — and we have no clear idea how to weigh (...) them. These difficulties are avoided through the dominant understanding of proportionality codified in international law and military practice, which rules out only attacks that intentionally target civilians or that involve negligence in targeting or conduct. We should find it harder to deny that use of force can be excessive despite conforming to these narrow constraints. Specifically, we can clearly identify as excessive the use of force in pursuit of unjust goals. This will still leave a range of hard cases in which there is a just cause for war. For these cases, I propose a "golden rule" test of the sincerity of deliberation about whether a use of force would be excessive. Relying on narrow constraints that would govern use of force in war can be morally worse than not having them. The golden rule test can help to direct us toward broader, reasonable moral considerations regarding excessive force. (shrink)

Ross Swope focuses on seven building blocks of integrity to help police departments and other law enforcement organizations strengthen their ethical culture, thereby restoring an environment of trust, confidence, and cooperation with the public. To illustrate the importance and impact of his approach, he weaves in stories from his forty-three-year career in law enforcement, ranging from his early years as a uniformed patrolman to his final role as a chief of police.

This article discusses the legal concept of excessive use of force by analyzing a particular incident that took place in Israel in the summer of 1997: eighty families, faced with dire housing needs, squatted in vacant apartments in an immigrant absorption center in the town of Mevasseret Zion near Jerusalem. After a period of failed attempts to persuade the families to leave the apartments peacefully, the police moved to evacuate the families, and did so by use of massive (...) force. In the article I describe the violent measures used by the State, and analyze the media portrayal of the squatting and the evacuation. I argue that both these forceful measures and the media portrayal of the squatting and evacuation cumulatively took part in constructing the squatters as criminal deviants rather than political protesters. I claim further that we should understand the concept of use of force not only as a means to achieve certain ends by the state, but also as a mechanism through which the state constructs a social problem and presents it in a manner beneficial to its own interests. Excessive use of force, in this sense, is not just a disproportionate response to a real or perceived threat posed by an individual or group, but a means by which the state fosters a belief that the individual or group present some danger, which must be tackled through the use of a certain level of force. By drawing a line between the legitimate and illegitimate use of force, the state affirms its monopoly on violence, which ultimately can be used to suppress political resistance. (shrink)

Much has been written on Derrida’s and Butler's discussions of Austin’s speech act theory, but one thing at least remains unclear: why does performativity hinge on the notion of “force,” and what “force” are we here talking about? For Austin, the force of the performative signals a performative enforcement, a validating repetition of prior conditions of legitimation: it testifies to the “felicity” or “success” of the performative event.According to Derrida, this articulation between force and success closes (...) off the eventness of the event; it implies an ontological reduction and reconstruction, that is, an appropriation of the event in the form of performative power. However, the performative, if it is to truly produce an event, must exceed prior conditions of validation and transform, in its performance, the conditions of validity it was meant to repeat. Eventness must remain beyond and without power. In this perspective, the article explores the “force” which Derrida describes as “force of the event”: an excessive force in the face of which “performative force” must fail. At bottom undecidable, “the force of the event” suggests the fallibility of force and the force of fallibility. I compare this self-deconstructive notion of force with Butler’s subversive politics of the performative, which theorizes “performative force” as the force of a failure – but a successful failure – to comply with the norm: a non-normative repetition and a reappropriation that forces change, and of which “queer” is at once the example, the model, and the very name. While Derrida’s is an attempt to think the uncanny force of a strange, non-appropriable, non-ontologizable, and perhaps “queer” event or quasi-event, characterized by fallibility and undecidability, Butler’s theory of power and her notion of “performative force” reverse, but fundamentally maintain, Austin’s ontological oppositions between success and failure, legitimacy and illegitimacy, repetition and change. (shrink)

This paper aims to explore whether there are any legal limits to the use of force, in particular when force is used for political reasons. How plausible is it to expect people to limit their options when they feel that what they’re doing paves the way towards paradise? In this light, much of the law of armed conflict would seem to be inadequate, based as much of it is on the premise that force is non-political. To the (...) extent then that limits are conceivable, these may stem from the individual morality of those engaged in battle rather than from any grand legal designs. (shrink)

A long-standing common-law policy holds that anyone may lawfully use force to repel or arrest a criminal threatening property, and a fortiori that force may be used to defend one’s own property. But there are limits to these powers. In cases where some amount of violence is justified but excessive force is used, some common-law jurisdictions will deny any defence to murder. Killing through excessive force is neither justified nor excused. Other jurisdictions will allow (...) a partial defence, excusing from the fullest penalty and reducing the offence to manslaughter or unlawful homicide, on the ground that the actor should be punished for a grievous miscalculation. By analyzing the relationships between persons and property and investigating the historical development of self-help doctrines, the principles defining excessive force here may be reduced to four. First, property cannot easily be conceived as a value worth protecting by force where there is no accompanying threat to the person. Second, the law may nonetheless see a presumptive identity between an owner’s person and his property which is external to his person, so that violent defence of property becomes justified even without a threat to bodily or personal safety. Third, intentionality and purpose play an important role in attributing legal blame for excessive force in protecting property, and the test of allowable quantum of force is not objective. Finally, the legal and ethical issues are transformed when we move from individual to collective property. Judgments concerning state and international legality regarding excessive force may derive only limited guidance from the contours of criminal law and private law. Yet, much of international conflict today is carried out by private actors who do not wear uniforms or wrap themselves in the shield of state immunity, and the domestic legal dimension thus begins to have purchase on issues of excessive force in war and communal conflict. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Impulsive Forces in and Against WordsAlphonso Lingis (bio)In his lecture "Nietzsche, le polythéisme et la parodie" given at the Collège de Philosophie in 1957 and published in 1963 in his Un si funeste désir, Pierre Klossowski explicated certain radical passages from Nietzsche's The Gay Science, a work he had newly translated into French (two prior translations existed). In the philosophical world of France where perception seemed to have found (...) its definitive elucidation in the phenomenology of perception of Maurice Merleau-Ponty (1945), Nietzsche's exposition of sensory experience, as Klossowski laid it out, was so radically different from that phenomenology that it could not be assimilated. In his Nietzsche et le cercle vicieux, published in 1969, Klossowski worked on texts Nietzsche left unpublished and which date from the years of The Gay Science onward. Philosophers, Nietzsche had written, do not simply coordinate and justify the works and science of society; they break at least in part with the common language by formulating their own aggressivity, tolerance, intimidation, anxieties, need of solitude, or need to forget themselves. And Nietzsche too speaks not of what is common and communicable but of what he experienced inwardly. Now Klossowski presented Nietzsche's exposition of sensory experience as an exposition of the experience peculiar to Nietzsche, in the most troubled period of his life. This experience, moreover, Klossowski aimed to show, was wholly premonitory of Nietzsche's final state, in which he could no longer say what he was experiencing nor who he was.The environment is not simply passively impressed upon our sensory surfaces; we have to awaken, move our eyes, and focus on things and circumscribe their contours with our look, and assume a posture that enables us to advance our look. When we are born, and when we awaken each day, that is, are born again to the world, we are needy and vulnerable, to be sure; the organism is porous and needs to replenish fluids and substance lost. But our organisms are material systems that generate excess energies; it is because excess energies have to be discharged that the organism moves into the environment and depletes its substance, and needs develop. Nietzsche calls these excess energies impulses, also multiple wills to power, that is, not conscious drives to acquire power, but positive forces that expand and exist only in expansion. They seek resistances on which to discharge themselves. They push against one another and become multiple.For the phenomenology of Edmund Husserl and Maurice Merleau-Ponty, the movements of perception are intentional; they are from the first correlative with objects, or, for Merleau-Ponty, intersensory things, Gestalten agglomerated by an intrinsic intelligible essence or sensory meaning, arising against a background of potential objects or latent things. Yet every glance around us encompasses innumerable unnamed and unnameable shapes, hues, textures, slidings, illuminations. Do not in fact the excess energies of life open upon an environment of swarming sensory patterns, streamings, scintillations, and shadows which quicken life before or without acquiring meaningful identities? [End Page 60]What in classical epistemology were called sensations were the information bits these forces impressed on our sensory surfaces, resulting also in sensory affects of pleasure or pain, according to the passive conception of our sensibility. For Nietzsche the multiple impulses that confront the forces of the environment are active and not reactive; confronting what is not from the first meaningful but resists or empowers, they laugh and weep, bless and curse. And it is these multiple and conflicting impulses, not a conceptual grasp of the essences of things, that know environmental events, know the forces exerted by the multiple hues, textures, glows, savors, reflections, halos, echos, projections, and shadows scattered about us.The impulses do more than know all that; they exalt and consecrate events of the world, they put over each an azure bell of blessing, they give them a space to stand forth and to dance—"they come and offer their hands and laugh and flee—and come back."1 They give themselves form and multiple forms and dance with all things. They are Apollonian and Dionysian.What is called conscious thought is elaborated in words of the common... (shrink)

Qu'est-ce qui, chez l'homme, retient ou empeche la fuite en avant d'une pulsion specifique? Une autre pulsion complementaire ou antagoniste? L'instance subjective d'un moi se pliant aux commandements du surmoi? L'ordre du corps vivant, de la raison ou du signifiant? Ou est-il pensable qu'une pulsion humaine se gouverne elle-meme en canalisant son energie excessive et en veillant a sa transformation ou a sa sublimation plutot que de se livrer a l'ivresse d'une repetition sterile?Ce livre aborde ces questions en envisageant (...) les pulsions humaines, en amont, depuis leur ancrage dans les forces de la nature ou les instincts animaux et, en aval, en vue de leur prolongement en desirs symboliquement structures. Dans une telle perspective, le questionnement psychanalytique de Freud et de Lacan rencontre tout naturellement les interrogations d'une philosophie de la nature, de la vie et de la culture. Inversement, une rehabilitation de l'energetique psychanalytique favorise la redecouverte d'une pensee philosophique, pour laquelle la dynamique des forces virtuelles prime sur la presence de substances statiques, et pour laquelle aucun acte effectif n'efface sa dette vis-a-vis d'un pouvoir-etre retenu ou d'un manque d'etre. De cette metaphysique dont le livre suit le cheminement d'Aristote a Husserl en passant par Leibniz et Schopenhauer, Nietzsche et la psychanalyse marquent aussi les limites, en projetant sur elle l'ombre du nihilisme des pulsions de mort. Au croisement des deux approches de la pulsion se dresse, a nouveau mais autrement, la question de la subjectivite. (shrink)

Theorizing of forced migration and refugees has been paralyzed by excessive reliance on migration theory. This article suggests the need to transfer conceptualizations of forced migration to sociological theories of violence. To that end, a preliminary step is argued to be indispensable: the affirmation of the force factor as a vital concept for meaningful theorization of refugee phenomena. Conceptual and empirical reasons are offered to resurrect the force factor’s centrality. First, I suggest the need to resolve the (...) conceptual residuality of “forced migration” in sociological theory, proposing manageable terminology for the task at hand. Second, I sketch conceptual and empirical reasons that the force factor is a viable and urgent candidate for our theoretical toolkit. Finally, I assess in depth the shortcomings of three prominent relativization conditions: (1) unwitting severity; (2) processual dilution; and (3) political-economic indeterminacy. By overcoming onerous relativization habits, we open horizons for coercion-centric theoretical insights on forced migration. (shrink)

India has promoted its power through intervention in neighboring countries under the cloak of morality. The United States, Great Britain, and Russia have nonetheless tacitly endorsed India's role as the policing force in the region. Does this recognition justify India's actions toward its weaker and smaller neighbors?

This paper assembles examples and considerations bearing on such questions as the following. Are statements to the effect that someone is too young (for instance) or that someone is old enough always to be understood in terms of someone's being too young or too old for such-and-such-for example, for them to join a particular organization? And when a 'such-and-such' has been specified, is it always at least tacitly modal in force-in the case just given, too young or old enough (...) to be able to join the organization? These questions are explored by means of a critical examination of the (affirmative) answers given to them by Eric Nelson in a 1980 paper on the subject, with part of the intention being to rescue Nelson's thoughtful discussion from the oblivion into which it appears to have fallen, judging by more recent contributions on the subject by semanticists. (shrink)

In ‘Force of Law’, Derrida’s discussion of the ‘unstable’ distinction between law and justice exemplifies the deconstructive double bind and makes this a very significant text in virtue of its juridical, political and ethical import. The first section focuses on Derrida’s deployment of the polysemous term ‘force’. ‘Force’ refers to the enforceability of the law but also to the performative and interpretative foundational violence at the moment when a new order of legality is instituted. In the second (...) section, I argue that Derrida’s insistence on the differential relation between law and justice and on the corollary deconstructibility of the law leads to a critique of the current legal system and its axiomatics. I show that deconstruction appeals to unconditional justice in order to call for an excessive responsibility on the part of the legal system, to broaden the category of subject of law, and to have an impact on the lives of others in the margins of the established political order. (shrink)

Despite its enduring insights, Durkheim’s theory of suicide fails to account for a significant set of cases because of its overreliance on structural forces to the detriment of other possible factors. In this paper, we develop a new theoretical framework for thinking about the role of culture in vulnerability to suicide. We argue that by focusing on the cultural dynamics of excessive regulation, particularly at the meso level, a more robust sociological model for suicide could be offered that supplements (...) structure-heavy Durkheimian theory. In essence, we argue that the relevance of cultural regulation to suicide rests on the (1) degree to which culture is coherent in sociocultural places, (2) existence of directives related to prescribing or proscribing suicide, (3) degree to which these directives translate into internalized meanings affecting social psychological processes, and (4) degree to which the social space is bounded. We then illustrate how our new theory provides useful insights into three cases of suicide largely neglected within sociology: specifically, suicide clusters in high schools, suicide in the military, and suicides of “despair” among middle-aged white men. We conclude with implications for future sociological research on suicide and suicide prevention. (shrink)

1. Introduction. David Malament has described a natural and satisfying resolution of the traditional problems of Newtonian cosmology—natural in the sense that it effects the escape by altering Newtonian gravitation theory in a way that leaves its observational predictions completely unaffected. I am in full agreement with his approach. There is one part of his account, however, over which Malament has been excessively modest. The resolution requires a modification to Newtonian gravitation theory. Malament presents the modification as so straightforward as (...) to be automatic. This trivializes the crucial postulate, which I shall call the “relativity of acceleration.” It is a significant physical statement in its own right and requires careful justification. Moreover the postulate proved easy to overlook for decades of discussion of the paradox. It really only becomes natural from the perspective of the newer geometric methods Malament exploits. There the postulate has become a commonplace. My purpose here is to develop the following: While Newtonian cosmology can be repaired satisfactorily, in its traditional form it remains deeply troubled. These troubles can be expressed most vividly as the paradoxical contradictions indicated below. They persist in both the integral and differential formulations of Newtonian gravitation theory. Malament's careful geometric treatment is necessarily dense. By taking some liberties with precision, his core result can be expressed in a far simpler form. Attempts to avoid the resolution Malament describes do lead to disaster. Therefore this episode can be inverted and used as the strongest extant argument for the relativity of acceleration in Newtonian gravitation theory. (shrink)

“New communities” are a real force in the contemporary Catholic landscape. However, a certain number of them are affected by crises of various types. Abuses of all kinds and sectarian excesses can create stigmas in the lives of communities and their members. In short, new communities are proving to be more fragile than we initially understood them to be. What are the causes of these struggles? To examine this question, the author proposes to take stock of the current situation (...) by pointing out the critical and focal elements in the life of suffering communities. This step, preliminary to all others, aims to open the door to further research and interventions. (shrink)

In Defensor Pacis Marsilius of Padua grounds the legitimacy of the kingdom, or the state, on the peace that rule provides the citizens. Looking at Aristotle’s claim that the civitas strives to be like an animal in which all parts in the right proportion for the sake of health, Marsilius argues that ‘the parts of the kingdom or state will be well disposed for the sake of peace [tranquilitas].’ Marsilius goes on to define peace as the agreeable ‘belonging together’ of (...) all members of the kingdom or the state. In this way, Marsilius moves away from a theological ground of the legitimacy of the state towards one that is entirely secular. However, the ground is an unstable one in that it acknowledges the fact that the ‘members’ of the body politic are characterised by difference. As such, the ground of legitimate authority will be characterised as much by force as by peace or by the relation of force to peace. (shrink)

Persons who dial 911 are often able to foresee that the subsequent levels of force police employ will be excessive, disproportionate, and therefore wrongful. This might seem to justify the provocative thesis that persons who call the police against suspected unlawful aggressors act impermissibly and deserve some quantum of blame for what they have done. In this paper, I critically examine and ultimately reject this thesis and discuss several possible grounds on which it might be false.

Over the last few decades, our theories of fundamental physics have become increasingly detached from empirical data. Recently, Richard Dawid has argued that the progressive separation of theory from experiment is concomitant with a number of changes in the methodology of the discipline. More precisely, Dawid has argued that the new methods of fundamental physics amount to a form of non-empirical confirmation, and that physical theories may therefore be confirmed even in the absence of empirical data. In this paper, I (...) critically engage with Dawid's views on non-empirical physics. My main target is the excessively central role that, in my view, the notion of non-empirical confirmation plays on Dawid's analysis. I will therefore argue that, while non-empirical methods may legitimately be employed in physics, those are not always deployed with the purpose of confirming scientific theories. Non-empirical arguments may also be used in order to ground pragmatic choices regarding what theories deserve to be further developed—and this is an aspect of the work that non-empirical methods perform that cannot be solely understood in terms of Dawid's notion of non-empirical confirmation. I support these claims by making use of a case-study from the early history of particle physics. The case-study concerns a theory of the strong force that J. J. Sakurai introduced in 1960. As we shall see, both the genesis of Sakurai's theory as well as the arguments that he used to defend it provide direct support for my own views on the role that non-empirical methods play in physics. Finally, I conclude the paper by introducing a notion that I believe is useful in making sense of the manner in which the pragmatic and the epistemic dimensions of non-empirical reasoning relate to each other, namely the notion of a cognitive attitude. -/- . (shrink)

In 2014, questionable police killings of Eric Garner, Michael Brown, and Tamir Rice sparked mass protests and put policing at the center of national debate. Mass protests erupted again in 2020 after the brutal police killing of George Floyd. These and other incidents have put a spotlight on a host of issues that threaten the legitimacy of policing—excessive force, racial bias, over-policing of marginalized communities, historic injustices that remain unaddressed, and new technology that increases police powers. This introduction (...) gives an overview of these ethical challenges facing police today and the democratic institutions that oversee them. It then outlines the various interdisciplinary perspectives—from Black studies, criminology, history, law, philosophy, political science, and sociology—collected in the volume. Together, these contributions aim to clarify the question of which ethical principles should guide police, where current practices fall short, and what strategies hold the most promise for addressing these failures. (shrink)

The technosocial formula is a key concept in social cognition. It means that society needs a larger amount of life resources than people can produce. The main social goal means relationship along with technology is a provision of material production. Man is redundant to the extent to which his appearance goes beyond the natural balance. Production growth increases the amount of excess consumption and population, and at the same time the scarcity of natural resources. The volume of world energy consumption (...) is increasing, while hydrocarbon energy sources are exhaustible. It is necessary to change the technology of energy-oriented use of oil. The main consequence of the reorientation to the use of biological resources will be the restructuring of the social world. (shrink)

In his 1785-review of the Ideen zur Philosophie der Geschichte der Menschheit, Kant objects to Herder's conception of nature as being imbued with active forces. This attack is usually evaluated against the background of Kant's critical project and his epistemological concern to caution against the “metaphysical excess” of attributing immanent properties to matter. In this paper I explore a slightly different reading by investigating Kant's pre-critical account of creation and generation. The aim of this is to show that Kant's struggle (...) with the forces of matter has a long history and revolves around one central problem: that of how to distinguish between the non-purposive forces of nature and the intentional powers of the mind. Given this history, the epistemic stricture that Kant's critical project imposes on him no longer appears to be the primary reason for his attack on Herder. It merely aggravates a problem that Kant has been battling with since his earliest writings. (shrink)

The paper gives insight into the revaluation of popular Gothic aesthetics in Jim Jarmusch’s 2014 production Only Lovers Left Alive. Drawing on critical theory and the postmodern theoretical framework, the article suggests that the film transgresses contemporary culture immersed in a “culture of death” that has produced a vast amount of cultural texts under the rubric of “Gothicism.” By considering Jean Baudrillard’s concept of transaesthetics and Judith Halberstam’s writings on contemporary monstrosity, the paper shows that a commodified Gothic mode has (...) lost its older deconstructive functions that operated on the margins of the mainstream. Now entirely focused on the duplication of the same aesthetic codes and signs, Gothic productions conform to the rules of postindustrial culture, enriching entertainment imagery with the neutralized concept of “otherness.” Hence, the article engages primarily with Jarmusch’s indie aesthetics that goes beyond easily recognizable patterns and generic conventions and allows the director to emphasize that the arts are rejuvenating forces, the antidote to a commoditized environment. Then, the focus is on the construction of main characters—Adam and Eve, ageless vampires and spouses—who thanks to nostalgic theatricality and performance reconfigure the mainstream monstrosity. Ultimately, the article emphasizes that Jarmusch’s film, to a large extent, becomes a warning against the inevitable results of advanced capitalism practiced on a global scale. (shrink)

Workplace bullying has a well-established body of research internationally, but the United States has lagged behind the rest of the world in the identification and investigation of this phenomenon. This paper presents a managerial perspective on bullying in organizations. The lack of attention to the concept of workplace dignity in American organizational structures has supported and even encouraged both casual and more severe forms of harassment that our workplace laws do not currently cover. The demoralization victims suffer can create toxic (...) working environments and impair organizational productivity. Some methods of protecting your organization from this blight of bullying are proposed. Bullying has always been part of the human condition; history is rife with references to abuse of power and unnecessary or excessive force. The classic bully story is of Joseph and his brothers, a tale of envy and hostility. The refinement of bullying to include various forms of legally defined social harassment is a relatively late phenomenon, however, dating to the Civil Rights Act of 1964. In the United States, bullying is not illegal, whereas it is illegal in many other countries. Bullying is not about benign teasing, nor does it include the off-color jokes, racial slurs, or unwelcome advances that are the hallmarks of legally defined harassment. Workplace bullying is the pattern of destructive and generally deliberate demeaning of co-workers or subordinates that reminds us of the activities of the schoolyard bully. Unlike the schoolyard bully, however, the workplace bully is an adult, usually (but not always) aware of the impact of his or her behavior on others. Bullying in the workplace, often tacitly accepted by the organizational leadership, can create an environment of psychological threat that diminishes corporate productivity and inhibits individual and group commitment. The two examples that follow will help to clarify the difference between harassment and bullying. (shrink)

Abstract The increasing prevalence of armed drones in the conduct of military operations has generated robust debate. Among legal scholars, the crux of the dispute generally pits those who herald the new technology's unparalleled precision against those who view such newfound capabilities as an inducement to employ excessive force. Largely overlooked in the discussion over how drone strikes can be accomplished lawfully is a more fundamental question: Can a model of warfare that eschews any risk of harm to (...) one party be squared with the ethical framework that informs the law of war? This matter has less to do with the technology per se than with a policy orientation that utilizes such technology as a strategy in itself, as opposed to one military tool in a larger arsenal. A corollary to the incongruity of riskless warfare is to query whether the ensuing breakdown of ethical and legal norms unwittingly encourages the very instability that the law of war attempts to control, thereby endangering the civilian populations of all parties to the conflict. While other authors have previously addressed the challenges posed by asymmetry to the law of armed conflict in different formats, this article explores these issues through a hypothetical scenario and seeks to elucidate some of the potential ramifications of the pursuit of physical impunity in war. (shrink)

With gratitude for our commentators’ thoughtful and generous engagement with Recognizing Wrongs, we offer in this reply a thumbnail summary of their comments and responses to some of their most important questions and criticisms. In the spirit of friendly amendment, Tom Dougherty and Johann Frick suggest that a more satisfactory version of our theory would cast tort actions as a means of enforcing wrongdoers’ moral duties of repair. We provide both legal and moral reasons for declining their invitation. Rebecca Stone (...) draws a particular link between civil recourse in private law theory and the right of self-defense as recognized in criminal law and moral theory. While we share Stone’s basic inclination, we argue for a different version of the link than the one that she draws. Veronica Rodriguez-Blanco provides a critique of our model of negligence law based on action theory. In response, we explain – in a way that we hope sheds light on debates over moral luck – how it is possible for the law to define negligence such that its commission depends simultaneously on the character of the defendant’s conduct and on the consequences that result from it. Though generally sympathetic to our approach, Stephen Smith faults us for failing satisfactorily to explain important remedial dimensions of tort law. Stubbornly, we insist that we can account for these, and indeed can do so on more satisfactory terms than corrective justice theorists. Finally, Erin Kelly challenges us to consider how our work might inform the analysis of two pressing issues of racial justice: overcriminalization and reparation payments. While we question whether our work to date has as much to offer on these matters as she suggests, we also maintain that the core principle of civil recourse theory – where there is a right there is a remedy – provides grounds for critiquing modern law’s failure to provide adequate accountability when police officers use excessive force against persons of color. (shrink)

This collection of essays on policing and the use of force, while written over the course of the last twenty-five years, remains relevant and timely. Although issues in policing and questions about excessive force and brutality have been addressed by criminologists, sociologists, philosophers, and criminal justice ethicists, only a handful of theological ethicists treat this pressing matter. While the Christian moral tradition has a voluminous record of theological attention to violence and nonviolence, war and peace, there is (...) a dearth of references to policing. And most considerations of criminal justice issues by Christians and their churches concentrate on prison reform, or abolition, and the death penalty, but not policing. These essays, authored by a theological ethicist possessing professional experience in law enforcement, seek to fill this curious gap. They offer a framework for moral reasoning concerning the justification for police use of force and the just application of such force, and they propose just policing as a model that is consonant with promoting a just peace in communities and society. In addition, they explore the implications of such an approach for wider, international questions about just war, terrorism, the responsibility to protect, and post-war justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Ornament, Fantasy, and Desire in Nineteenth-Century French LiteratureGeoffrey Galt HarphamOrnament, Fantasy, and Desire in Nineteenth-Century French Literature, by Rae Beth Gordon; xvii & 288pp. Princeton: Princeton University Press, 1992, $42.50.As Rae Beth Gordon notes in the introduction to her stimulating and original book, ornament, which is devoted to grace, charm, and attractiveness, becomes the object of suspicion and moralizing disdain when it exceeds what numerous commentators refer to (...) as “its proper limits.” The limits are set low by those who wish to maintain the integrity of the center—the melodic line, the text, the main image, the literal sense, the consensual meaning—against the disruptive and excessive forces of the margin. Transgress the margin to which ornament is properly confined, as artists in virtually every medium available in nineteenth-century France did, and a series of crucial binary distinctions collapses, threatening not only the center, but ornament itself, which is defined by its limits, its position on a well-defined edge.What distinguished nineteenth-century French literature was, from Gordon’s point of view, a sustained interest, among critics as well as artists, in cultivating the creative possibilities opened up by compromising the boundary between ornament and its other. So fertile and successful has this project proven to be that today’s postmodernity has not come to an end of it, continuing to discover its most interesting possibilities on the margin. And within the field of art history, we see that ornament, once widely denigrated as the source of confusion, has become virtually orthodox; as the title of Ernst Gombrich’s book on the subject indicates, ornament is now held to appeal to and gratify The Sense of Order.Gordon takes advantage of the posthistory of her subject, applying to studies of Nerval, Mallarmé, Gautier, Huysmans a theoretical armature drawn from the psychoanalytic theories of Freud, Winnicott, and Lacan. Drawing attention to a dimension of meaning or intention that has been “suppressed or excluded from the central field,” ornament, she argues, “anticipates the way psychiatry, perceptual psychology, and aesthetics converge in the fin de siècle.” Ornament, in other words, is cognate with the unconscious, and its prevalence in fin de siècle art and literature may be considered a sign of a certain cultural receptivity to the discoveries Freud was about to make, the “French” modality of a phenomenon to which Freud would give a “Viennese” formulation. [End Page 364]It is fashionable, especially in medieval studies, to focus on the disruptively counter-doctrinal potential of marginal elements such as gargoyles or textual illuminations. But Gordon generally argues another kind of case altogether, one that has, perhaps, even greater contemporary interest. Ornament, she claims, discloses the essential principles of aesthetic production. The expressive power of line, the “sense of order” to which it appeals, the subordination of literal depiction to design, the primacy of relationships over individual figures—all these reflect, as Wilhelm Worringer was explicitly to claim in 1908, energies deriving from the very beginnings of art itself.Thus, when principles and figures of ornament began to invade the “sense” or “business” of the text itself, as they did in nineteenth-century French literature, what is happening is not only a radical adjustment of a certain conception of ornament, but a large movement of return. Art becomes under these circumstances both decadent and primordial, devoting itself to both meaningless proliferation and to “pure art.” Gordon tracks this ambivalent movement with very considerable assurance and learning in an argument as sinuous as the ornamental line itself. The chapters on Nerval (“Lace as Textual Metaphor”) and Gautier (“Trills, Frills, and Decorative Frames for the Object of Desire”) are particularly illuminating, inspired by a kind of theoretical wit that does justice to their objects. Gordon is somewhat less successful in communicating the relevance to Mallarmé of Lacan, the exposition of whom—of which?—is laborious. But the responsibility probably lies more heavily with Lacan than with Gordon. Labored accounts of Lacan may even be considered as a species of ornament, a refinement and a new barbarism, peculiar to critical discourse in the fin of our own siècle.Geoffrey Galt HarphamTulane UniversityCopyright... (shrink)

The article raises the question of constant violent acts, primarily military, despite the longtime general condemnation thereof. This turns us to the problem of ontology of violence. The approach suggested here is based on understanding violence as labor with the excessive use of force. This is related to the understanding of force as the truth. Thus, for the archaic mind, force (and violence), the sacred, and truth were different projection-implementations of one entity. The civilizational world model (...) contains in its basis not the principles of a single truth, but the principles of collaboration and coexistence of different stances instead of the submission to one entity. The old model of violence as a way to participate in the object’s truth and to confirm the subject’s sacred status stays effective. This paper argues that violence has an ontological dimension in the old model of a single truth, but cannot have it within a civilizational approach. (shrink)

The essay analyzes the Italian regulation related to the Covid-19 pandemic, with a focus on the state of emergency and derogations to the rule of law. The most rel-evant aspects to be considered are: the instability due to the excess of norms, to their obscurity and to the continuous change of procedures; the adoption of soft law; the separation between the law itself and the “force of law”, as laid out by Giorgio Agamben. In order to explain the institutionalization (...) of the emergency as a new form of sovereignty, Schmitt’s concept of exception will be called to action. (shrink)

Police use force in high-stakes situations: as state agents, they are obligated to balance the suspect’s right to security against the community members’ right to safety. Currently, the doctrine of qualified immunity (DQI) overprotects police officers, which facilitates the use of illegitimate force. In section I, I survey the theoretical concerns motivating my inquiry into police authority. Section II develops these moral concerns by analyzing two deleterious effects of the DQI. Then, in section III, I show a proper (...) conception of authority to be essential to balancing the two aforementioned rights and argue that the doctrine breeds excessive use of force because it fails to ensure police legitimacy. I finish by suggesting how we should restrict police immunity. (shrink)

The First World War was both an historical and a philosophical event. Philosophers engaged in what Kurt Flasch aptly called "the spiritual mobilization" of philosophy. Max Scheler was particularly important among these "war philosophers", given that he was the one who penned some of the most influential philosophical writings of the First World War, among them Der Genius des Krieges und der Deutsche Krieg. As I aim to show, Max Scheler's war writings were crucial for Jan Patočka's interpretation of the (...) First World War in the sixth of his Heretical Essays. However, the importance of Scheler's war writings goes far beyond the First World War for Patočka, since they offer Patočka a far-reaching interpretation of the 'excessive' character of the 20 th century. As I will show through the example of Max Scheler, the German war philosophers succumbed to a dangerously romantic conception of "force" – and it is this ominous force, which Patočka takes to lie at the root of the increasingly excessive character of the 20 th and 21 st centuries. (shrink)

I argue that excessive reliance on the notion of “the badness of death” tends to lead theorists astray when thinking about healthcare prioritisation. I survey two examples: the confusion surrounding the “time-relative interests account” of the badness of death, and a confusion in the recent literature on cost-benefit analyses for family planning interventions. In both cases, the confusions in question would have been avoided if (instead of attempting to theorise in terms of the badness of death) theorists had forced (...) themselves first to write down an appropriate value function, and then focused on the question of how to maximize value. (shrink)

Globalization is now a force that must be reckoned with. Globalization has both good benefits and negative effects. This paper examines the benefits and dangers of globalization. The paper uses a critical analytic method to examine the theistic humanistic philosophy of Maduabuchi Dukor and its contribution in this time of globalization. The African idea that man can accomplish his highest rooted in theistic values makes it different from every other form of humanism. The paper concludes and argues that the (...) solution to the excesses of globalization is theistic humanism. (shrink)

Cynthia Willett brings together diverse insights from social psychology, classical and contemporary literature, and legal and justice theory to redefine the basis of the moral and legal person. Feminists, communitarians, and postmodern thinkers have made clear that classical liberalism, with its emphasis on individual autonomy and excessive rationalism, is severely limited. Although she is sympathetic with the liberal view, Willett finds it necessary to go further. For her, attention to the social dimensions of the family and civil society is (...) critical if issues of race, gender, class, and sexuality are to be taken seriously. Interdependency, not autonomy, is of increasing significance in an era of globalization. Willett proposes an alternate normative theory that recognizes the impact of social forces on individual well-being. Citizenship in a democracy should not be defined solely on the basis of rights to autonomy, such as bare rights to property or free speech, she explains. Rather, citizenship should be defined first of all in terms of the rights, responsibilities, and capacities of the social person. It is within the African American tradition of political thought that Willett finds a more useful definition of human identity and political freedom. The African American experience offers a compelling vision of social change and a deeper understanding of what it means to be a social person. By focusing on everyday battles against racism, Willett contends, we can gain valuable insight into the meaning of justice. (shrink)

Instead of treating art as a unique creation that requires reason and refined taste to appreciate, Elizabeth Grosz argues that art-especially architecture, music, and painting-is born from the disruptive forces of sexual selection. She approaches art as a form of erotic expression connecting sensory richness with primal desire, and in doing so, finds that the meaning of art comes from the intensities and sensations it inspires, not just its intention and aesthetic. By regarding our most cultured human accomplishments as the (...) result of the excessive, nonfunctional forces of sexual attraction and seduction, Grosz encourages us to see art as a kind of bodily enhancement or mode of sensation enabling living bodies to experience and transform the universe. Art can be understood as a way for bodies to augment themselves and their capacity for perception and affection-a way to grow and evolve through sensation. Through this framework, which knits together the theories of Charles Darwin, Henri Bergson, Gilles Deleuze, Félix Guattari, and Jakob von Uexküll, we are able to grasp art's deep animal lineage. Grosz argues that art is not tied to the predictable and known but to new futures not contained in the present. Its animal affiliations ensure that art is intensely political and charged with the creation of new worlds and new forms of living. According to Grosz, art is the way in which life experiments with materiality, or nature, in order to bring about change. (shrink)

Over the last 20+ years, multinational corporations have been confronted with accusations of abuse of market power and unfair and unethical business conduct especially as it relates to their overseas operations and supply chain management. These accusations include, among others, worker exploitation in terms of unfairly low wages, excessive work hours, and unsafe work environment; pollution and contamination of air, ground water and land resources; and, undermining the ability of natural government to protect the well-being of their citizens. MNCs (...) have responded to these accusations by creating voluntary codes of conduct which commit them to specific standards for addressing these issues. These codes are created at both the industry-wide and the individual company level. Unfortunately, these codes have generated little credibility and public trust because their compliance claims cannot be independently verified, and they lack transparency and full public disclosure. In this article, we present a case study of the voluntary code of conduct by Mattel, Inc., the world’s largest toy company. The code, called the Global Manufacturing Principles, confronts the general criticism leveled against voluntary codes of conduct by creating detailed standards of compliance, independent external monitoring of the company’s compliance with its code of conduct, and making full, and uncensored public disclosure of the audit findings and company’s response in terms of remedial action. We present a detailed account of how Mattel’s voluntary code of conduct was created, implemented, and ultimately abandoned over 9 years. We provide an evaluative analysis of the company’s GMP compliance throughout its life span, which suggests a bell-shaped curve, where early top management commitments were met with pockets of resistance from operational groups, who were concerned about balancing GMP compliance efforts with traditional performance criteria. The early stage response from Mattel’s top management was quick and supported with the requisite resources. As a result, the compliance process accelerated, becoming increasingly more robust and effective. The success of code compliance and increased transparency in public disclosure energized field managers with a sense of professional satisfaction and publicly recognized accomplishments. The decline in GMP compliance was equally steep. When all the easily attainable targets had been reached at the company-operated plants, addressing vendor plants’ compliance presented a new set of challenges, which taxed corporate resources and management commitment. It would seem that value-based and ethics-oriented considerations, i.e., doing the right thing for the right reason, were no longer the driving force for Mattel’s management. Mattel did not see any economic benefit from its proactive stance, when competitors did not seem to suffer adverse consequences for not following suit. The final contributing factor to the code’s abandonment was a widely publicized series of product recalls which absorbed top management’s attention. (shrink)

An influential objection to act-consequentialism holds that the theory is unduly demanding. This paper is an attempt to approach this critique of act-consequentialism – the Overdemandingness Objection – from a different, so far undiscussed, angle. First, the paper argues that the most convincing form of the Objection claims that consequentialism is overdemanding because it requires us, with decisive force, to do things that, intuitively, we do not have decisive reason to perform. Second, in order to investigate the existence of (...) the intuition, the paper reports empirical evidence of how people see the normative significance of consequentialist requirements.. In a scenario study that recruited a sample which is representative of the German population in key characteristics, it finds that there is no widely shared intuition as to the excessive demandingness of consequentialist requirements, although people do find higher demands less reasonable. This is true irrespective of people’s level of formal education despite the fact that lower levels of formal education are associated with an increased likelihood of having intuitions that are consistent with the Objection. Apart from contributing in this way to the debate concerning the Overdemandingness Objection, the paper also more directly speaks to the basic discussion concerning the status and role of intuitions in moral philosophy. It discusses methodological questions relevant to the role of intuitions and ends with proposing an improved methodology to investigate intuitions that connects them to emotions in a particular way and also proposes a role for virtue. (shrink)

For the passions represent a force of excess and lawlessness in humanity that produces troubling, confusing paradoxes.In this book, noted European philosopher Michel Meyer offers a wide-ranging exegesis, the first of its kind, that ...

I analyze the hierarchy of large cardinals between a supercompact cardinal and an almost-huge cardinal. Many of these cardinals are defined by modifying the definition of a high-jump cardinal. A high-jump cardinal is defined as the critical point of an elementary embedding j:V→M\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${j: V \to M}$$\end{document} such that M is closed under sequences of length sup{j|f:κ→κ}\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\sup\{{j\,|\,f: \kappa \to \kappa}\}}$$\end{document}. Some of the other (...) cardinals analyzed include the super-high-jump cardinals, almost-high-jump cardinals, Shelah-for-supercompactness cardinals, Woodin-for-supercompactness cardinals, Vopěnka cardinals, hypercompact cardinals, and enhanced supercompact cardinals. I organize these cardinals in terms of consistency strength and implicational strength. I also analyze the superstrong cardinals, which are weaker than supercompact cardinals but are related to high-jump cardinals. Among the results, I highlight the following. Vopěnka cardinals are the same as Woodin-for-supercompactness cardinals.There are no excessively hypercompact cardinals.Furthermore, I prove some results relating high-jump cardinals to forcing, as well as analyzing Laver functions for super-high-jump cardinals. (shrink)

Religion is one of the most powerful forces running through human history, and although often presented as a force for good, its impact is frequently violent and divisive. This provocative work brings together cutting-edge research from both evolutionary and cognitive psychology to help readers understand the psychological structure of religious morality and the origins of religious violence. Introduces a fundamentally new approach to the analysis of religion in a style accessible to the general reader Applies insights from evolutionary and (...) cognitive psychology to both Judaism and Christianity, and their texts, to help understand the origins of religious violence Argues that religious violence is grounded in the moral psychology of religion Illustrates its controversial argument with reference to the 9/11 terrorist attacks, and the response to the attacks from both the terrorists and the President. Suggests strategies for beginning to counter the divisive aspects of religion Discusses the role of religion and religious criticism in the contemporary world. Argues for a position sceptical of the moral authority of religion, while also critiquing the excesses of the “new atheists” for failing to appreciate the moral contributions of religion Awarded Honourable Mention, 2010 Prose Awards. (shrink)

Lodged in an impasse between questions of environmental justice and modes of capitalisation in the green economy, indeterminacy is a vulnerable and porous relation. Pollution activates a potentiality in the organism to be otherwise, to generate certain kinds of tumours, mini-deaths or mutations. Toxicity has an intermediary status that launches a mobility of effects that is often fragmented through sense organs, affirming forms of non-identity in biopolitical relations. Organisms are receptive to such bodily reconfigurations precisely because they are open to (...) the material communication of the world. In contrast to the “hidden labour” of indeterminacy in capitalist modes of capture, this article crafts an analytics of indeterminacy as an interjection in the politics of environments. Through dispersants in the Gulf of Mexico and military bees, two economies of indeterminacy are discussed. Drawing on Georges Bataille’s notion of political economy, I argue that what is required is an economy of radical inequivalence; an excessive engagement with the possibilities of indetermining forces to make fleeting marks. (shrink)

In The Shifting Border, Ayelet Shachar observes that the ‘beast’ of state migration policy has broken out of its cage and shifted both outward – to intercept migrants before they can ‘touch base’ and thereby gain rights – and inward, to restrict and subvert the rights of migrants and others in Exclusionary Zones within state territory. Shachar wants to ‘tame’ the beast by obligating states and their agents to uphold basic rights wherever they act. The current article first questions whether (...) this ‘beast’ is necessarily monstrous, or whether it is not an admittedly excessive response to understandable challenges that arise due to the passivity of territorial states in the face of external forces. The article then suggests that the better response to this passivity is for states to embrace their legitimating function of trusteeship for the people (or moral patients) of the world as a whole. (shrink)

Writing in the wake of the breakup of the Soviet Union and Yugoslavia, the moral philosopher Bernard Williams considers the opposing claims of Rawlsian liberalism, with its emphasis on pluralism and procedural fairness, and communitarianism, which instead promotes more or less culturally homogeneous societies formed around shared values. Williams shares the communitarians’ critique of Rawls’s theory as excessively abstract, questioning whether a rational commitment to pluralism as the most just social arrangement can serve as a sufficiently binding social force. (...) He simultaneously resists, however, the conservative tendencies of the communitarians, particularly their dismissal of ethically motivated social critique. Grounded in the late philosophy of Wittgenstein, communitarians reject foundationalism, the notion that beliefs can be philosophically justified, instead regarding ideologically driven social arrangements as the result of inherently particular historical and environmental conditions. This perspective precludes rational reevaluation of a society’s status quo; if a society’s adoption of values does not depend on philosophically grounded principles, neither can those values be altered through a process of collective moral reasoning. For Williams, however, because pluralism is a condition of modern life with which even culturally homogenous communities must contend, members of modern societies are aware of alternatives to their own social model, leaving a space for self-critical reassessment. Finally, Williams suggests that the desire of cultural minorities for separate states in the post-Soviet geopolitical landscape underscores the limits of both pluralism and communitarianism, limits that all of us will need to grapple with as we confront the immediate social and political realities of modernity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 30.2 (2006) 410-423 MuseSearchJournalsThis JournalContents[Access article in PDF]Reading Our Way To Democracy? Literature and Public EthicsSimon Stow The College of William and Mary"I believe," wrote Franz Kafka, "that we should only read those books that bite and sting us. If a book we are reading does not rouse us with a blow to the head, then why read it?" 1 Almost all of us who read (...) books for a living and/or pleasure have undoubtedly experienced that most delightfully troubling of phenomena: a novel that forces us to think differently about the world and the way that we live. In recent years, literature's capacity to generate in its readers "a rigorous scrutiny of everything they believe in and live by" 2 —what Stanley Fish calls its "dialectical" potential—has drawn the attention of a number of liberal-democratic theorists, most notably Martha Nussbaum and Richard Rorty. By "liberal-democratic" is meant here, of course, that system of government with popular rule, regular elections, a commitment to individual rights and the rule of law; one that draws on a tradition of political thought that includes the work of John Locke, John Stuart Mill and John Rawls. Although their exact formulations of the claim differ in important ways, Nussbaum and Rorty are united in the belief that reading can enhance the practice of liberal-democracy by expanding the moral imaginations of a citizenry. Such an expansion will, they believe, promote the values of tolerance, respect for other viewpoints, and a recognition of the contingency of one's own perspective, in short, the values of civil society. Whilst there is undoubtedly something intuitively appealing about their claim, there is much that is philosophically and politically problematic about their respective formulations of it. Both seem to rest for example upon an implausible theory of the impact of literature upon its readers, and an illiberal tendency to treat reader-citizens as means and not as ends. Attempting to capture what is of value [End Page 410] whilst jettisoning what is problematic, I will briefly set out their claims; identify the difficulties within them; and offer an account of how their project might be operationalized in a way that is both more philosophically plausible and more politically consistent with liberalism. My aim will not be to offer another detailed account of the connection between literature and democracy—not least because I believe that the current accounts are overly deterministic—but rather to suggest some ways in which we might nevertheless build upon the current work to capture the potential benefits of reading for liberal-democratic societies.Although Martha Nussbaum and Richard Rorty hold quite different views about the proper role of literature in philosophy—Nussbaum believes that literature is merely a valuable addition to philosophical Reason traditionally conceived, whereas for the postfoundational Rorty, the literariness goes all the way down—both suggest that reading will promote two values that they regard as essential to liberal-democratic practice. Following Rorty we might label these values contingency and solidarity. 3 Contingency arises from the recognition that even one's most deeply held beliefs are always only a perspective. It is connected to civility in that it serves, Nussbaum and Rorty believe, to undermine the vehemence of individual claims. Although this claim about the partiality of individual perspectives sounds dangerously postmodern for thinker such as Nussbaum—Rorty, who calls his political philosophy "postmodernist bourgeois liberalism," 4 has no such qualms—there are limits to this insight in her thought. Nussbaum is simply concerned to show that an excessive and over-confident reliance on philosophical Reason is likely to generate an incomplete understanding of a given situation. For this reason, she suggests, "storytelling and literary imagining are not opposed to... but can provide essential ingredients in a rational argument." 5 She argues, for example, that Hard Times by Charles Dickens will alert its readers—in particular "the person brought up solely on economic texts" who "has not been encouraged to think of workers (or indeed anybody else) as fully human... (shrink)

The paper analyzes the philosophical consequences of the recent discovery of direct violations of the time–reversal symmetry of weak interactions. It shows that although we have here an important case of the time asymmetry of one of the fundamental physical forces which could have had a great impact on the form of our world with an excess of matter over antimatter, this asymmetry cannot be treated as the asymmetry of time itself but rather as an asymmetry of some specific physical (...) process in time. The paper also analyzes the consequences of the new discovery for the general problem of the possible connections between direction of time and time-asymmetric laws of nature. These problems are analyzed in the context of Horwich’s Asymmetries in time: problems in the philosophy of science argumentation, trying to show that existence of a time–asymmetric law of nature is a sufficient condition for time to be anisotropic. Instead of Horwich’s sufficient condition for anisotropy of time, it is stressed that for a theory of asymmetry of time to be acceptable it should explain all fundamental time asymmetries: the asymmetry of traces, the asymmetry of causation, and the asymmetry between the fixed past and open future. It is so because the problem of the direction of time has originated from our attempts to understand these asymmetries and every plausible theory of the direction of time should explain them. (shrink)

The article presents a verbal and mathematical model of medium-term business cycles (with a characteristic period of 7–11 years) known as Juglar cycles. The model takes into account a number of approaches to the analysis of such cycles; in the meantime it also takes into account some of the authors' own generalizations and additions that are important for understanding the internal logic of the cycle, its variability and its peculiarities in the present-time conditions. The authors argue that the most important (...) cause of cyclical crises stems from strong structural disproportions that develop during economic booms. These are not only disproportions between different economic sectors, but also disproportions between different societal subsystems; at present these are also disproportions within the World System as a whole. The proposed model of business cycle is based on its subdivision into four phases: – recovery phase (which could be subdivided into the start sub-phase and the acceleration sub-phase); – upswing/prosperity/expansion phase (which could be subdivided into the growth sub-phase and the boom/overheating sub-phase); – recession phase (within which one may single out the crash/bust/acute crisis subphase and the downswing sub-phase); – depression/stagnation phase (which we could subdivide into the stabilization subphase and the breakthrough sub-phase). The article provides a detailed qualitative description of macroeconomic dynamics at all the phases; it specifies driving forces of cyclical dynamics and the causes of transition from one phase to another (including psychological causes); a special attention is paid to the turning point from the peak of overheating to the acute crisis, as well as to the turning point from the downswing to recovery. The proposed mathematical model of Juglar cycle takes into account the following effects that are typical for the market economy: • positive feedbacks between various economic processes; • presence of a certain inertia, time lags in reactions of the economic subsystem to the change in conditions; • amplification by the financial subsystem of positive feedbacks and time lags in the economic subsystem; • excessive reaction to changing conditions during the acute crisis sub-phase. The authors suggest that the current crisis turns out to be rather similar to classical Juglar crises; however, there is also a significant difference, as the current crisis occurs at a truly global scale. Yet, due to this truly global scale of the current crisis, the possibilities of regulation with the national state's measures have turned out to be ineffective,whereas the suprastate regulation of financial processes hardly exists. It is shown that all these have led to the reproduction of the current crisis according to a classical Juglar scenario. (shrink)

The author argues that according to Sextus Empiricus, (a) the "sensual" nature of the phenomenon is a metaphorical notion, since it is indistinguishably extended both to sensuality and thinking; (b) the phenomenon manifest itself with irresistible force of impact, through a wide range of passive states of mind; (c) the impact of phenomena is always mediated by our ego, because all skeptic expressions are strongly correlated with the first person singular. The article proves that Descartes could not refute the (...) “excess” of skeptical doubt and make an immanent critique of skepticism without borrowing the aforementioned statements of Sextus. Such borrowing (1) has created a common ground for discussion between Descartes and skeptics; (2) made it possible for the meditator to give persuasiveness to careful observation of his own internal experience. Descartes' search for certainty in "Meditations" is entirely based on [а] evidence of "phenomena", "states of mind", "passions"; [b] refusal to agree with the "non-evident" proclaimed by Sextus Empiricus. (shrink)

This introduction charts several of rhythm's various returns as a way of laying out the theoretical and methodological field in which the articles of this special issue find their place. While Henri Lefebvre’s rhythmanalysis is perhaps familiar to many, rhythm has appeared in a wide repertoire of guises, in many disciplines over the decades and indeed the centuries. This introduction attends to the particular roles of rhythm in the formation of modernity ranging from the processes of industrialization and the proliferation (...) of new media technologies to film and literary aesthetics as well as conceptualizations of human psychology, social behaviour and physiology. These are some of the historical antecedents to the contemporary understandings of rhythm within body studies to which most of the contributions to this issue are devoted. In this respect, the introduction outlines recent approaches to rhythm as vibration, a force of the virtual, and an intensive excess outside consciousness. (shrink)

El objetivo de este capítulo es analizar el presunto despliegue de la «democracia sin alternativas» en Europa y sus consecuencias para la calidad de las democracias nacionales, especialmente las de la periferia de la zona euro –giips: Grecia, Irlanda, Italia, Portugal y España. El argumento principal es que la falta de receptividad de los gobiernos nacionales de los países giips hacia los deseos de sus ciudadanos constituye el reverso de la moneda de un exceso de atención de los gobiernos de (...) los países núcleo del euro, en especial de Alemania, a las preferencias de su ciudadanía. En todas las democracias representativas los políticos se enfrentan a un dilema fundamental entre receptividad a las demandas ciudadanas y responsabilidad ante terceros. Enfrentados a este dilema, los países núcleo del euro han optado claramente por lo primero –la receptividad ante las demandas de los electorados nacionales–, mientras que los países de la periferia de la zona euro se han visto forzados a ser responsables –ante sus socios de la ue y ante la ue en su totalidad. Como resultado, la crisis financiera de 2008 ha conducido a una ruptura en tres frentes dentro de la Unión Europea entre el núcleo y la periferia: con relación al ritmo de la recuperación económica, a los grados de autonomía gubernamental y, lo más importante, a la legitimidad democrática. Los países de la periferia de la eurozona se encuentran en el bando perdedor en los tres frentes.The objective of this article is to analyze the alleged unfolding of ‘democracy without choices’ in Europe and its consequences for the quality of national democracies, particularly those of the Eurozone periphery –giips: Greece, Ireland, Italy, Portugal and Spain. The argument is, in a nutshell, that the lack of responsiveness of giips national Governments to their respective national constituencies is the reverse of the medal of an excess of responsiveness in core Euro countries, particularly Germany. Governments are trapped between the pressure to be responsive at home and the need to be responsible to their European partners and the European project. If the trade-off of all democratic politics is between responsiveness and responsibility, Euro core countries have clearly opted for responsiveness –to domestic constituencies– and Eurozone peripheral countries have been forced to be responsible –towards their eu partners and the eu as a whole. As a result, the 2008 financial crisis has led to a three-fold breach inside the eu between core and periphery concerning the pace of economic recovery, the degrees of governmental autonomy and, most important of all, democratic legitimacy. Eurozone peripheral countries are at the losing side of this three-fold breach. (shrink)

Future prize-winning writer Chava Rosenfarb was seventeen years old when she was incarcerated in the Łódź ghetto. In 1972, she published The Tree of Life [Der boym fun lebn] (1972), a fictional chronicle of that experience of the Holocaust. In this three-volume epic novel, Rosenfarb narrates and interlaces the fates of ten Jewish families from pre-war Poland in 1939 to the liquidation of the ghetto in 1944. The "Tree of Life" is revealed to be the name given by the "ghettoniks" (...) to an iconic cherry tree that stands in the shared backyard of a group of apartment complexes inhabited by many of the protagonists in the ghetto. Far from being an anecdotal presence, the cherry tree becomes the center of Rosenfarb's reflections on the impacts of the environment on one's physical and mental health. In this article, The Tree of Life is analyzed from an ecocritical perspective to examine the interconnections between genocidal intent and environmental precariousness. The first part considers the perpetration angle of the Łódź ghetto establishment as a Nazi tool of ecological violence through its excessive economic program of forced labour and its structural health determinants leading to epidemics. We will then investigate the characters' attempts to reconnect to nature through tangible acts of agency (the development of small gardens to grow one's own food) and symbolism (the cherry tree evoking the freedom of the outside world). The purpose of this article is to explore the links between genocide and ecocide within the framework of literary memory, while appreciating the relevance of Chava Rosenfarb's representations of the Holocaust to our era of renewed ecological awareness. (shrink)