Pub Date : 2020-12-31DOI: 10.1515/9780823283811-012
M. Wan
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{"title":"Law against Justice and Solidarity:","authors":"M. Rosenfeld","doi":"10.2307/j.ctvfjczwf.7","DOIUrl":"https://doi.org/10.2307/j.ctvfjczwf.7","url":null,"abstract":"","PeriodicalId":111677,"journal":{"name":"Administering Interpretation","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124279612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Inspired by images from Greece during its sovereign debt crisis—including of a dog that ended up on the Hellenic President’s throne!—this chapter both illustrates Agamben’s notion of a Christian economic-political theology, for which the sovereign’s glory is never affected by his impotence, and nuances it as specifically occidental. Contrasting it with the earlier, embarrassingly incoherent political theology during the era of Byzantine “game of thrones”—when no reasons were offered for why a religion that claimed to be a fraternity of equals was in bed with a coercive state—the chapter shows how the anomie of oikonomia has been repressed in the Occidental constitutional imagination that obsesses over the so-called paradox of constituent/constituted sovereign power. The chapter further speculates on how this repressed sense of embarrassment can be recuperated together with an ethical sense of responsibility.
{"title":"8. A Postmodern Hetoimasia—Feigning Sovereignty during the State of Exception","authors":"Marinos Diamantides","doi":"10.2307/j.ctvfjczwf.11","DOIUrl":"https://doi.org/10.2307/j.ctvfjczwf.11","url":null,"abstract":"Inspired by images from Greece during its sovereign debt crisis—including of a dog that ended up on the Hellenic President’s throne!—this chapter both illustrates Agamben’s notion of a Christian economic-political theology, for which the sovereign’s glory is never affected by his impotence, and nuances it as specifically occidental. Contrasting it with the earlier, embarrassingly incoherent political theology during the era of Byzantine “game of thrones”—when no reasons were offered for why a religion that claimed to be a fraternity of equals was in bed with a coercive state—the chapter shows how the anomie of oikonomia has been repressed in the Occidental constitutional imagination that obsesses over the so-called paradox of constituent/constituted sovereign power. The chapter further speculates on how this repressed sense of embarrassment can be recuperated together with an ethical sense of responsibility.","PeriodicalId":111677,"journal":{"name":"Administering Interpretation","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125272932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-21DOI: 10.5422/fordham/9780823283798.003.0013
A. Feldman
Derrida distinguishes the accidental contretemps—the singular accidentality of the accident—from the essential contretemps; the latter is the “nonaccidental” accident. As a structuring anomaly the needful accident overturns the philosophical dicta that the perfection of substance is far more perfect than the objective perfection of the accident. Engaging with doctrines of collateral damage and programs of enforced disappearance, this essay anatomizes the political deployment of the contretemps as the time out of time of wartime that fractures any polemological idea of progress, just war, and accountability. The contretemps in its peripheral errancy constitutes a temporal counterweight to any continuist model of sovereign power, crosscutting the latter with shape shifting and empowering indeterminacy. The aphoristic naming and enframing of adversaries, targets, and victims are the protological contretemps and essential accident that occurs at and as the inception of war.
{"title":"Appearing under Erasure","authors":"A. Feldman","doi":"10.5422/fordham/9780823283798.003.0013","DOIUrl":"https://doi.org/10.5422/fordham/9780823283798.003.0013","url":null,"abstract":"Derrida distinguishes the accidental contretemps—the singular accidentality of the accident—from the essential contretemps; the latter is the “nonaccidental” accident. As a structuring anomaly the needful accident overturns the philosophical dicta that the perfection of substance is far more perfect than the objective perfection of the accident. Engaging with doctrines of collateral damage and programs of enforced disappearance, this essay anatomizes the political deployment of the contretemps as the time out of time of wartime that fractures any polemological idea of progress, just war, and accountability. The contretemps in its peripheral errancy constitutes a temporal counterweight to any continuist model of sovereign power, crosscutting the latter with shape shifting and empowering indeterminacy. The aphoristic naming and enframing of adversaries, targets, and victims are the protological contretemps and essential accident that occurs at and as the inception of war.","PeriodicalId":111677,"journal":{"name":"Administering Interpretation","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115247640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-21DOI: 10.5422/FORDHAM/9780823283798.003.0011
Giovanna Borradori
As the processes of globalization transform cities into nodes of accumulation of financial and symbolic capital, it is fair to assume that urban contexts have never been more vulnerable to the systemic imperatives of the market. It is thus surprising that cities continue to be the site where the deepest social and political transformations come to the surface. What, then, preserves the city as a space of dissent? The claim of this chapter is that a critical reflection on the political agency of Northern and Southern cities has to start from asking what it means today to occupy the pavement of their streets. The argument explored here is that, in this age of molecular neoliberal encroachment and restructuring, it is a certain experience of dispossession, rather than the quest for identification and recognition, that makes the city the core of a shared experience of refuge and resistance.
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Pub Date : 2019-05-21DOI: 10.5422/FORDHAM/9780823283798.003.0010
Laurent de Sutter
Giorgio Agamben’s celebrated research in the field of legal ontology has led him to devise a distinction between an ontology of being and an ontology of command—two traditions he divided that Western philosophy has always presented as united. But, behind this division and the supersedence of one ontology over the other, Agamben has himself fallen into the trap he wanted to avoid and actually given back to philosophy what it wanted to take from law but had always been a part of philosophy. Another path should be chosen: a path away from “being” as well as “ought-to-be”—the path of maybe. This is what this chapter will argue.
{"title":"Contra Iurem","authors":"Laurent de Sutter","doi":"10.5422/FORDHAM/9780823283798.003.0010","DOIUrl":"https://doi.org/10.5422/FORDHAM/9780823283798.003.0010","url":null,"abstract":"Giorgio Agamben’s celebrated research in the field of legal ontology has led him to devise a distinction between an ontology of being and an ontology of command—two traditions he divided that Western philosophy has always presented as united. But, behind this division and the supersedence of one ontology over the other, Agamben has himself fallen into the trap he wanted to avoid and actually given back to philosophy what it wanted to take from law but had always been a part of philosophy. Another path should be chosen: a path away from “being” as well as “ought-to-be”—the path of maybe. This is what this chapter will argue.","PeriodicalId":111677,"journal":{"name":"Administering Interpretation","volume":"61 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120987044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-21DOI: 10.5422/FORDHAM/9780823283798.003.0008
K. Trüstedt
This contribution addresses issues of interpretation and translation in Derrida’s reading of Shakespeare’s Merchant of Venice in relation to the supposed opposition of the letter and the spirit of the law. Rather than supporting a supersession of the law’s letter in favor of its spirit and advocating a sublation of the law by means of mercy, as a traditional reading suggests, this essay’s reading of Shakespeare’s play suggests that it deconstructs the underlying opposition. By linking the insistence on “the letter of the law” not to a kind of literalism or blind compliance with the law, but instead to an insistence on the textuality of the law, such a reading elucidates the law’s need for interpretation and highlights how the attempt to surpass the letter of the law involves a threat of a fundamental injustice.
{"title":"Derrida’s Shylock","authors":"K. Trüstedt","doi":"10.5422/FORDHAM/9780823283798.003.0008","DOIUrl":"https://doi.org/10.5422/FORDHAM/9780823283798.003.0008","url":null,"abstract":"This contribution addresses issues of interpretation and translation in Derrida’s reading of Shakespeare’s Merchant of Venice in relation to the supposed opposition of the letter and the spirit of the law. Rather than supporting a supersession of the law’s letter in favor of its spirit and advocating a sublation of the law by means of mercy, as a traditional reading suggests, this essay’s reading of Shakespeare’s play suggests that it deconstructs the underlying opposition. By linking the insistence on “the letter of the law” not to a kind of literalism or blind compliance with the law, but instead to an insistence on the textuality of the law, such a reading elucidates the law’s need for interpretation and highlights how the attempt to surpass the letter of the law involves a threat of a fundamental injustice.","PeriodicalId":111677,"journal":{"name":"Administering Interpretation","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121522851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-21DOI: 10.5422/FORDHAM/9780823283798.003.0004
J. Schroeder
Stanley Fish and Bernhard Schlink agree that there can be no rule for finding a correct legal interpretation. Each, however, offers a negative rule to recognize incorrect interpretations. Schlink asserts that incorrect interpretations can be eliminated through the scientific method of falsification. Fish claims that any interpretation not concerned with the author’s state of mind must be rejected. Unfortunately, Fish’s insistence on authorial intent could be read as downplaying the role of the interpreter. Although interpretation is objective in that it involves the examination of an object, it is not merely objective. Communication is collaboration; interpretation needs an interpreter. It is intersubjective. But interpretation cannot be relegated entirely to the intersubjective “symbolic” order where language and law is located. The symbolic can never be disentangled from the orders of the “imaginary” and the “real” that are its logical boundaries. Interpretation has a subjective aspect because it requires the creative act of the interpreter’s imagination. Schlink recognizes that a subjective moment of hypothesis formation is essential to interpretation but tries to distinguish it from a subsequent objective or intersubjective testing process. There is no rule that can disprove our legal interpretations. This is why judging is always a moral act.
{"title":"The Interpreter, the Scientist, and the Analyst","authors":"J. Schroeder","doi":"10.5422/FORDHAM/9780823283798.003.0004","DOIUrl":"https://doi.org/10.5422/FORDHAM/9780823283798.003.0004","url":null,"abstract":"Stanley Fish and Bernhard Schlink agree that there can be no rule for finding a correct legal interpretation. Each, however, offers a negative rule to recognize incorrect interpretations. Schlink asserts that incorrect interpretations can be eliminated through the scientific method of falsification. Fish claims that any interpretation not concerned with the author’s state of mind must be rejected. Unfortunately, Fish’s insistence on authorial intent could be read as downplaying the role of the interpreter. Although interpretation is objective in that it involves the examination of an object, it is not merely objective. Communication is collaboration; interpretation needs an interpreter. It is intersubjective. But interpretation cannot be relegated entirely to the intersubjective “symbolic” order where language and law is located. The symbolic can never be disentangled from the orders of the “imaginary” and the “real” that are its logical boundaries. Interpretation has a subjective aspect because it requires the creative act of the interpreter’s imagination. Schlink recognizes that a subjective moment of hypothesis formation is essential to interpretation but tries to distinguish it from a subsequent objective or intersubjective testing process. There is no rule that can disprove our legal interpretations. This is why judging is always a moral act.","PeriodicalId":111677,"journal":{"name":"Administering Interpretation","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123409955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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