In 1995, the Constitutional Court of the Republic of South Africa declared the death penalty to be unconstitutional. The judgment and concurring opinions in State v. Makwanyane relied, along with other precedents, on Furman v. Georgia, the 1972 U.S. Supreme Court case that, following a moratorium, brought about an end to executions in the United States, until Gregg v. Georgia opened the way four years later for their resumption under more restricted conditions. The South African justices find noteworthy Justice William Brennan’s affirmation, in Furman, of human dignity as a value guiding his concurring opinion. A right to dignity is enshrined in South Africa’s constitution (State v. Makwanyane, ¶¶ 57– 58). In the judgment in Makwanyane, as well as in several of its concurring opinions, human dignity is connected to ubuntu— the idea that a person is a person through other people— an African ethics of reciprocity invoked in the epilogue of the 1993 interim South African constitution (State v. Makwanyane, ¶¶ 130– 31, 223– 27, 237– 63, 307– 13). This reference to ubuntu leads to an appeal to recognize “African law and legal thinking as a source of legal ideas, values and practice.” It is then noted that, prior to the imposition of colonial law, although people suspected of witchcraft were sometimes summarily killed, and killings took place in the context of military discipline, this is not how murderers were punished: meaning that the equivalent of judicial killing was not practiced in precolonial southern Africa (State v. Makwanyane, ¶¶ 365– 83).
1995年，南非共和国宪法法院宣布死刑违宪。State v. Makwanyane案的判决和一致意见，以及其他先例，都是基于1972年美国最高法院的弗曼诉格鲁吉亚案(Furman v. Georgia)。该案在暂停执行死刑之后，终结了美国的死刑执行，直到四年后格雷格诉格鲁吉亚案为在更严格的条件下恢复执行死刑开辟了道路。南非的法官们发现，威廉·布伦南大法官在弗曼案中对人类尊严的肯定是一种指导他的一致意见的价值，这一点值得注意。尊严权被载入南非宪法(State v. Makwanyane，¶¶57 - 58)。在Makwanyane一案的判决中，以及它的几个一致意见中，人的尊严与乌班图(ubuntu)有关——一个人通过他人成为一个人的想法——这是1993年南非临时宪法结语中援引的一种非洲互惠伦理(State v. Makwanyane，¶¶130 - 31,223 - 27,237 - 63,307 - 13)。这种对乌班图的提及导致了一种呼吁，即承认“非洲法律和法律思想是法律思想、价值和实践的源泉”。然后需要指出的是，在实行殖民法之前，虽然怀疑有巫术的人有时会被立即杀害，而且杀戮是在军事纪律的背景下进行的，但这并不是对杀人犯的惩罚方式:这意味着在殖民前的南部非洲没有类似于司法处决的做法(State v. Makwanyane，¶¶365 - 83)。
{"title":"After the Death Penalty","authors":"M. Sanders","doi":"10.1353/cul.2022.0023","DOIUrl":"https://doi.org/10.1353/cul.2022.0023","url":null,"abstract":"In 1995, the Constitutional Court of the Republic of South Africa declared the death penalty to be unconstitutional. The judgment and concurring opinions in State v. Makwanyane relied, along with other precedents, on Furman v. Georgia, the 1972 U.S. Supreme Court case that, following a moratorium, brought about an end to executions in the United States, until Gregg v. Georgia opened the way four years later for their resumption under more restricted conditions. The South African justices find noteworthy Justice William Brennan’s affirmation, in Furman, of human dignity as a value guiding his concurring opinion. A right to dignity is enshrined in South Africa’s constitution (State v. Makwanyane, ¶¶ 57– 58). In the judgment in Makwanyane, as well as in several of its concurring opinions, human dignity is connected to ubuntu— the idea that a person is a person through other people— an African ethics of reciprocity invoked in the epilogue of the 1993 interim South African constitution (State v. Makwanyane, ¶¶ 130– 31, 223– 27, 237– 63, 307– 13). This reference to ubuntu leads to an appeal to recognize “African law and legal thinking as a source of legal ideas, values and practice.” It is then noted that, prior to the imposition of colonial law, although people suspected of witchcraft were sometimes summarily killed, and killings took place in the context of military discipline, this is not how murderers were punished: meaning that the equivalent of judicial killing was not practiced in precolonial southern Africa (State v. Makwanyane, ¶¶ 365– 83).","PeriodicalId":46410,"journal":{"name":"Cultural Critique","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76463463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract:This article discusses Roberto Esposito's three paradigms of political ontology: destitution, constitution, and institution, based respectively on (post-)Heideggerian, Deleuzian, and neo-Machiavellian/Lefortian concepts. The essay argues that we need to enlarge this conception of political ontology to make room for other ontological theorizing and therefore presents a fourth paradigm, restitution, derived from social anthropology with the aim to integrate environmental justice in the three-fold framework. Restitution here accounts for multiple worlds, composed of different modes of existence. In late capitalist ontology, there is no room for other ontologies. Esposito misses that there are at least a thousand political ontologies that cannot be subsumed into an overarching whole. Restituting is not about reifying or preserving existing ontologies but about reclaiming practices, techniques, and local knowledges for new problems arising from extractivism, the climate emergency, and technological disruptions.
{"title":"The Missing Politics of Restitution: Answering Esposito's Triptych of Political Ontology","authors":"Benoit Dillet","doi":"10.1353/cul.2022.0019","DOIUrl":"https://doi.org/10.1353/cul.2022.0019","url":null,"abstract":"Abstract:This article discusses Roberto Esposito's three paradigms of political ontology: destitution, constitution, and institution, based respectively on (post-)Heideggerian, Deleuzian, and neo-Machiavellian/Lefortian concepts. The essay argues that we need to enlarge this conception of political ontology to make room for other ontological theorizing and therefore presents a fourth paradigm, restitution, derived from social anthropology with the aim to integrate environmental justice in the three-fold framework. Restitution here accounts for multiple worlds, composed of different modes of existence. In late capitalist ontology, there is no room for other ontologies. Esposito misses that there are at least a thousand political ontologies that cannot be subsumed into an overarching whole. Restituting is not about reifying or preserving existing ontologies but about reclaiming practices, techniques, and local knowledges for new problems arising from extractivism, the climate emergency, and technological disruptions.","PeriodicalId":46410,"journal":{"name":"Cultural Critique","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89047651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract:With the rise of authoritarianism across the globe, debates about freedom of expression have become increasingly urgent in countries like India and the United States. However, these debates do not manifest uniformly. In India the freedom of expression rights of a novelist like Perumal Murugan are denied, while in the U.S. freedom of expression rights are used by conservatives like Charles Murray in public campaigns to promote deliberately provocative speech. This essay compares the Murugan and Murray cases in the interests of advancing our thinking about freedom of expression. Opening new lines of inquiry into freedom of expression via a decolonization of theory, it underscores the limits of liberal Millian ideas and proposes the value of alternative neo-Buddhist notions of ahimsa.
{"title":"The Ruse of Freedom: A Comparative Essay on Ahimsa and Freedom of Expression","authors":"Perumal Murugan","doi":"10.1353/cul.2022.0014","DOIUrl":"https://doi.org/10.1353/cul.2022.0014","url":null,"abstract":"Abstract:With the rise of authoritarianism across the globe, debates about freedom of expression have become increasingly urgent in countries like India and the United States. However, these debates do not manifest uniformly. In India the freedom of expression rights of a novelist like Perumal Murugan are denied, while in the U.S. freedom of expression rights are used by conservatives like Charles Murray in public campaigns to promote deliberately provocative speech. This essay compares the Murugan and Murray cases in the interests of advancing our thinking about freedom of expression. Opening new lines of inquiry into freedom of expression via a decolonization of theory, it underscores the limits of liberal Millian ideas and proposes the value of alternative neo-Buddhist notions of ahimsa.","PeriodicalId":46410,"journal":{"name":"Cultural Critique","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90792783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract:Esposito distinguishes between three different and paradigmatic ways in which contemporary political thinkers from Heidegger to Agamben, through Deleuze and Lefort, have conceived the postmetaphysical assemblage of politics, being, and difference. First, the article discusses the concept of difference and negation that is employed by Esposito in his reconstruction of the positions of Heidegger and Deleuze. Second, it questions Esposito's political ontology of conflict by discussing it in relation to the views of Schmitt and of proponents of agonistic politics, which may appear to be closely related to it. The study concludes by asking about the place of biopolitics in this account of political ontology and tries to address this peculiar absence of biopolitics in a text written by one of its main theorists.
{"title":"Esposito's Political Ontology: Difference, Conflict and Community","authors":"V. Lemm","doi":"10.1353/cul.2022.0018","DOIUrl":"https://doi.org/10.1353/cul.2022.0018","url":null,"abstract":"Abstract:Esposito distinguishes between three different and paradigmatic ways in which contemporary political thinkers from Heidegger to Agamben, through Deleuze and Lefort, have conceived the postmetaphysical assemblage of politics, being, and difference. First, the article discusses the concept of difference and negation that is employed by Esposito in his reconstruction of the positions of Heidegger and Deleuze. Second, it questions Esposito's political ontology of conflict by discussing it in relation to the views of Schmitt and of proponents of agonistic politics, which may appear to be closely related to it. The study concludes by asking about the place of biopolitics in this account of political ontology and tries to address this peculiar absence of biopolitics in a text written by one of its main theorists.","PeriodicalId":46410,"journal":{"name":"Cultural Critique","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81746015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-25DOI: 10.1353/cul.2022.a838298
Rosalind Galt
{"title":"Pontianak Trouble: Gender and Postcolonial Identities in the Malay Vampire Film","authors":"Rosalind Galt","doi":"10.1353/cul.2022.a838298","DOIUrl":"https://doi.org/10.1353/cul.2022.a838298","url":null,"abstract":"","PeriodicalId":46410,"journal":{"name":"Cultural Critique","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74267514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-25DOI: 10.1353/cul.2022.a838299
P. Limbrick
{"title":"Of Marabouts, Acrobats, and Auteurs: Framing the Global-Popular in Moumen Smihi's World Cinema","authors":"P. Limbrick","doi":"10.1353/cul.2022.a838299","DOIUrl":"https://doi.org/10.1353/cul.2022.a838299","url":null,"abstract":"","PeriodicalId":46410,"journal":{"name":"Cultural Critique","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87210064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-25DOI: 10.1353/cul.2022.a838300
Neepa Majumdar
{"title":"Disco Dancer and the Idioms of the Global-Popular","authors":"Neepa Majumdar","doi":"10.1353/cul.2022.a838300","DOIUrl":"https://doi.org/10.1353/cul.2022.a838300","url":null,"abstract":"","PeriodicalId":46410,"journal":{"name":"Cultural Critique","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82254836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-25DOI: 10.1353/cul.2022.a838302
Joshua Neves
{"title":"Southern Effects: Kaiju, Cultural Intimacy, and the Production of Distribution","authors":"Joshua Neves","doi":"10.1353/cul.2022.a838302","DOIUrl":"https://doi.org/10.1353/cul.2022.a838302","url":null,"abstract":"","PeriodicalId":46410,"journal":{"name":"Cultural Critique","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85551798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-25DOI: 10.1353/cul.2022.a838301
S. Gopal
{"title":"Bourgeois Extreme: Cultural Flows and the Microimport","authors":"S. Gopal","doi":"10.1353/cul.2022.a838301","DOIUrl":"https://doi.org/10.1353/cul.2022.a838301","url":null,"abstract":"","PeriodicalId":46410,"journal":{"name":"Cultural Critique","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80091458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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