Logic from Kant to Russell: Laying the Foundations for Analytic Philosophy
Studies in the Pre-Judicative Hermeneutics and Meontology, First Volume
Reviewed by: Andrei Simionescu-Panait (Romanian Society for Phenomenology)
This volume engages with Pre-judicative Hermeneutics, a phenomenologically- and hermeneutically-oriented framework that rose to prominence in Romanian-speaking academic circles in 2013 with Viorel Cernica’s Judgment and Time: The Phenomenology of Judgment (Judecată şi timp. Fenomenologia judicativului). Like Cernica’s monograph, this volume is in Romanian. A second volume in the series has just been published. These publications are driven by scholars at the University of Bucharest.
Cernica’s idea of a Pre-judicative Hermeneutics is intended as a counterpart to Husserlian phenomenology. His point of departure is constitutive phenomenology; the brand of phenomenology that focuses on the ways in which judgments are constituted from an otherwise pre-reflective level of experience. For Cernica, there are certain aspects of judgment that are not constituted and cannot support constitution. He has attempted to account for these aspects of ‘non-judicative’ experience.
The starting point for such an account is a process of ‘de-constitution’. According to this process, the hermeneuts’ job is to engage with quasi-objectual pre-judgment and prevent it from reaching a constituted judgment. This may remind some readers of the illustrative charioteer metaphor that Plato invokes in his Theaetetus. Focussing on an impulsive pre-judgment reveals its inherent behavior and promotes a better understanding of both judgment and its correlates.
The volume brings together five texts plus an extensive introduction by Cernica. A reader familiar with more traditional approaches to phenomenology may find it useful to commence with Oana Șerban’s contribution. Cernica’s chapter is more of a straight-to-business type of philosophical text and less of a pedagogical introduction. Of the remaining chapters, two use Cernica’s phenomenologically inspired method of inquiry regarding pre-judgments. A third can be contrasted with the first two in both terminology and scope. The last contribution attempts to explain why meontology is a natural match for Cernica’s brand of hermeneutics. On the one hand, these contributions are the results of an intersubjective phenomenological effort (what Herbert Spiegelberg’s calls‘symphilosophizing’). Indeed, Mihai-Dragoș Vadana and Remus Breazu’s respective chapters have emerged from lengthy seminar discussions. On the other hand, the reader should not expect a single, consistent and coordinated approach on behalf of the contributors.
When it comes to Cernica’s introduction, he focuses on the concepts of pre-judgment and non-judgment. Cernica believes that the constitutive nature of traditional phenomenology forfeits the possibility of making sense ofthe pre-judicative level of experience. According to the de-constitutive process, not only do I have to suspend judgment, it is more interesting to try to understand how I can roll back my instinct to judge in a certain way. A more traditional phenomenologist may argue that rolling back my instinct to judge is a constitutive process in itself, so any sense of de-constitution is actually a way of constituting a portion of the world in a different way altogether. According to Cernica, one cannot deny that every experience (in the broadest sense of the word) is constituted. What one can deny is the idea that every experience encompasses all previous experiences such that they bloom into full judgments. Not all experiences result in object fulfillment indicative of judgment because they are cases of de-constitution. At a phenomenological level, such cases refer to moments of experience where the order of the lifeworld is bothered by something I cannot really place my finger on (no matter what I do). This persistent yet elusive bothering is the non-judicative gateway towards the permanently tense pre-judicative sphere of experiencing that is the focal point for pre-judicative hermeneutics.
Vadana attempts to marry ideas from Cernica’s method with those of Romanian philosopher Mircea Florian. He underlines the contrast between constitutive judging and regulative judging, which revolves around being configured by judgment’s formal structure (subject-predicate) – in the case of constitutive judging – or not – in the case of regulative judging. Vadana proceeds from this distinction in order to explore the non-formal origin of regulative judging. He finds a similar conceptual behavior in both regulative judging and the notion of recessivity. The basic formulation of recessivity involves the distinction between emerging and the source of the emergence. For instance, culture recedes from nature, objects of consciousness recede from acts of consciousness, and so on. By analogy, Vadana sees that regulative judging recedes from regular constitutive judging. In a certain sense, thisreflects the de-constitutive move made by Cernica. In order to express the similarities, Vadana focusses on Aristotle’s account of post-predicaments – those stable characteristics that inevitably occur with judgment. Vadana thinks that the study of post-predicaments is, in fact, the study of the phenomenon of pre-judging;one studies consequences to know what one can always expect.
Breazu’s contribution concerns the distinction between absurdity and non-sense. Absurd judgments are problematic but still respect the basic formal requirements of judgments. Even though some arguments are dominated by absurdity, they still make sense and can sometimes develop into convincing philosophical arguments. For instance, for a phenomenologist, the idea of a thing-in-itself is absurd. Rather, phenomenologists acknowledge that things are things one intends in a certain manner. On that basis, phenomenologists can acknowledge that one is able to constitute absurd judgments. Breazu distinguishes between logical absurdity and objectual absurdity. Whereas logical absurdity is something that can be constituted, objectual absurdity is defined by the inability to have full constitution in the field of consciousness. Breazu describes this inability as non-sensical. Appropriating Cernica’s framework, he suggests that something does not make sense if the non-judicative clashes with the formal territory of judgment; if a syntactic slip results from otherwise sound judgments. This can be compared to a case where a quasi-object of consciousness, which has never been constitutively fulfilled (e.g. seeing a mirage under the full summer sunlight), is violently adapted to the formal rigor of the sharpest HD camera. Indeed, it makes no sense to experience a crystal-clear mirage. Breazu shows that Cernica’s focus on de-constitution (as opposed to constitution) can, in fact, enrich phenomenological discourse. It is still unclear whether Cernica interprets his hermeneutics as a species of phenomenology.
Oana Șerban’s chapter provides an assessment of the compatibility of Merleau-Ponty’s philosophy and pre-judicative hermeneutics. With regards to Merleau-Ponty’s account of perceptual belief, Șerban focusses on the concept of pre-reflection, which is conceived as a guarantee for belief that does not enter the field of judgment. She argues that perceptual belief must rely on the concept of pre-reflection. She traces the roots of Cernica’s concept of pre-judgment in Merleau-Ponty’s concept of pre-reflection. Thus, Șerban’s exegesis adds a supplementary layer of meaning to some of Cernica’s ideas.
Cornel Moraru discusses the idea of meontology in the context of Cernica’s framework. He explores the concept of questioning by applying the idea of de-constitution. He holds that serious questions (as opposed to ironic and rhetorical ones) constitutively rely on a certain nothingness, or absence, without which there could be no questioning. Furthermore, he argues that affectivity is configured by such an absence. Moraru refers to the study of de-constituted questioning as meontology.
This volume’s particular strength relies in its novel ideas and its use of classical philosophical terminology. These innovative ideas will provoke phenomenologists that are interested in the experiential aspects of judgment constitution and de-constitution. However, the volume’s unifying thread does not surface easily; the last two texts are only minimally connected to the theme of pre-judicative hermeneutics. Furthermore, the volume only partially delivers on what it promises, that is, to clarify the meaning and nature of pre-judicative hermeneutics.
Hannah Arendt's Theory of Political Action: Daimonic Disclosure of the `Who'
Reviewed by: Amy Bush (Drexel University, Philadelphia, Pennsylvania, USA)
Disruption and Remembrance in Arendt’s Theory of Political Action
Trevor Tchir’s monograph, “Hannah Arendt’s Theory of Political Action”, covers a wide spectrum of Arendt’s works in providing a framework for her theory of political action. Tchir draws upon a range of thinkers, such as Heidegger, Kant, Augustine and Montesquieu, who influenced aspects of Arendt’s theory, and upon those thinkers whom Arendt explicitly criticized, such as Marx, to demonstrate how she both breaks with the tradition of western political thought and recollects and revises some of the concepts within that tradition in order to re-conceptualize “political action” in the modern age of secular politics. Thus, Tchir also highlights how Arendt transforms and revises aspects of others’ philosophies, in significant ways, when she does borrow from them. Moreover, his inclusion of commentary and criticisms of Arendt’s approach to political action by numerous contemporary thinkers helps him to illuminate the tensions within Arendt’s thought and to delineate his own thesis and argument. However, much of his book is devoted to an exegesis and interpretation of Arendt’s diverse works in respect to her theory of political action, as she encounters the Western tradition of political thought in general, and the aforementioned thinkers in particular. Although he slowly integrates his own voice into his interpretation, it isn’t until the final chapter of the book that he fully draws out how the tensions within Arendt’s thought are fruitful for contemporary politics.
Although Tchir’s book is very comprehensive in its approach to Arendt’s theory of political action, much of the territory he covers has been traversed by other commentators, especially as regards Arendt’s conceptual distinctions between the public and the private sphere, and the political and social/economic spheres. His own primary contribution to the extensive literature on Arendt is his discussion, in chapter 3, of the importance of the metaphor of the “daimon”, as introduced in The Human Condition in respect to the political actor, as she individuates herself through speech and action in the public sphere of a plurality of spectators. (89) The metaphor of the “daimon” is used by Arendt to indicate how the political actor does not have a self transparent to herself, but, whose self can only be “known” through the diverse judgments and narratives of the plurality of spectators to her actions, as if the “daimon” sat on her shoulder concealed from her view but visible to all those who witness her. Tchir also contends that that this metaphor of the daimon gestures towards a divine or transcendent origin of the capacity of humans to act and think (and, thereby, judge the actions of the actor that appear in the political sphere). The daimon, as a mediator between men and gods, expresses that the origins of these human capacities are ultimately unknowable. In this way, Arendt encounters the residual language of transcendence in modern political thought. Within the context of modern revolutions, such as the French Revolution and American Revolution, there was an overturning of traditional authority of religion within the realm of politics, but the language of rights often retained an appeal to transcendent sources of these “natural” rights of mankind. (12) Thus, there is a tension within Arendt’s own thought on the relationship of the secular and the religious within modern politics, and within political theory generally in the modern era.
This also opens the question as to whether or not there are any “foundations” to political theory in the modern age. However, this enables Arendt to introduce a conception of freedom suitable to an age without such religious, metaphysical, or natural foundations – one that is self-grounding within a political space of appearances (rather than grounded in an invisible sphere of divine or metaphysical laws). Her notion of freedom is one that is not based on a notion of the will that masters itself or directs its actions from pre-determined principles, whether metaphysical or religious or based on reason or nature, nor is it grounded in a notion of political sovereignty, where a ruler crafts laws which subjects obey. It is this western political tradition of freedom that lies in sovereignty and rule, one that promotes relationships of domination and an illusory control over what the subjects can do and their environment, that she is disrupting, while retrieving a freedom that arises from isonomia, that is, the agonistic politics that occurs in a sphere of formal equality, as practiced in ancient Greece. (135) The disclosure of the unique, daimonic “who” is the disclosure of a non-sovereign self.
However, Tchir also shows how the metaphor of the “daimon” has existential import for human dignity and the “meaning” of existence for humans in a world of uncertainty and contingency, rather than in a world where moral or religious absolutes, whether based on revelation or reason, could guide our political actions and insure mastery. (32) This existential impact demonstrates why the realm of political action is so centrally important to human existence for Hannah Arendt, and it is why she sometimes characterizes the “political world” as also a “spiritual world”. (79) It would seem to me that this latter characterization would make the divine element in human existence immanent rather than transcendent, and would point to a fundamental mystery at the core of human existence which amplifies its uncertainty and makes complete unconcealment of origins impossible.(84) Nonetheless, Tchir argues by the end of his book that Arendt would not exclude religion from the public sphere, and this is important to understanding the conduct of politics in today’s world. At the same time, he makes the point that uncertainty plays a central role in Arendt’s re-conceptualization of political action, as the success of any political actions remain uncertain and their effects remain unpredictable in an agonistic political world of plurality of actors and spectators with conflicting wills and cross-purposes. (25) Thus, Arendt has an understanding of both politics and existence as based in a fragility of a common political world shared by a plurality of actors and spectators, and a vulnerability of humans in the face of their “passive givenness” and in their attempts to actualize their historically situated possibilities from that givenness through action. (32) Although she dispenses with a concept of “human nature” as the basis of the political, she does not argue that political action can fundamentally change our givenness so much as actively disclose our individuality, which exceeds this givenness. This actualization of our individuality remains opaque to each of us, as individual actors. However, through political action, we can assert our human dignity as we confront this givenness as well as when we encounter the contingencies of our historical situations.
Action itself, as characterized by natality, is the source of freedom, which is the other major focus of Tchir’s exegesis. If one of the ontological conditions of the political space of appearances is that of plurality, the other one is that of natality, as a spontaneous beginning, and the capacity to initiate or give birth to something new and unprecedented into a world that is otherwise characterized by natural or historical processes, chains of causes and effects, and normalizing routines. Arendt’s conception of natality is borrowed from the Christian tradition of miracles, as that which interrupts natural processes, especially as found in Augustine’s works. (24) This is how action is differentiated from behavior and from being simply another cause in a chain of causes and effects, although action has unpredictable and uncontrollable ramifications by setting off many chains of causes and effects in unprecedented ways. Through natality, new aspects of the shared world of appearances are themselves disclosed, along with the disclosure of the unique “who” of the actors. Thus, individuality is dependent upon the witnessing of others, and political freedom is relational. This is a realm that discloses “meaning” rather than “truth”, although Arendt will complicate this picture by insisting that spectators enlarge their mentality so that their interpretations deal with “facticity” rather than with inaccurate distortions of what happened. (173) However, one of Arendt’s presumptions appears to be that people want or seek such meaning in their lives, and not solely the accomplishment of goals, social or otherwise. This is another way in which the political realm is also a spiritual realm.
Although plurality is also a condition of the public sphere, individuation occurs within that public sphere as actors perform in front of spectators who are characterized by both their equality and distinction. (23) The shared world is not one of a common vision of the good shared by a predetermined community, as in communitarianism, (5) but one of a material world of cultural artifacts, which themselves are subject to interpretation by participants in that world, and the “web of interrelationships” that occurs in that world. “Distinction” is presupposed in the plurality of participants, while “equality” is a formal feature of the public sphere where all participants’ perspectives play a role, rather than one of material equality.
Fundamental to the possibility of individuation is Arendt’s distinction between the “existential who” and the “constative what” (4, 85). The “who” that is disclosed in the public sphere is not simply a collection of character traits and talents or of a pre-established identity, such as that of socioeconomic status, gender or race, which could be generally applied to similarly situated others, all of which would be an aspect of the person’s “whatness”. The “who” is disclosed through the performance of her acts and the virtuosity of her deeds in the political space of appearances and is not “made” as a product of a craft. The “who” transcends the “what”. However, the “meaning” of her acts is disclosed in the narratives, stories, and histories composed by spectators who judge her acts, and which show how these acts, in disclosing the principles that inspired them, serve as “valid examples” for future action within that community. (31) Tchir proposes that this plurality is not only a plurality of “opinions” (or doxa), although it is especially that, but also a plurality of “whats” that insert themselves into this public sphere wherein they can renegotiate their identities as “whats” through their individuating actions and judgments of actions. (6) In this manner, pluralities are not a diversity of predetermined “whats” along ethnic, racial, gender, economic or social lines, but the latter are not so much excluded from the public sphere as augmented and revised within that sphere. As Tchir will argue in chapter 6 of the book, it is important that spectators do not surrender their individual judgments of actions to the prejudices and “whats” of others, even though they should be taking into consideration all the diverse perspectives of those who are physically present in the public sphere, as well as the perspectives of past historical actors within that sphere. Thus, there is a nuanced attempt to make room for the entry of the whatness of participants into this sphere, without subordinating that sphere to their “whatness” or to what has been loosely called “identity politics” (my term, and not the author’s).
This public realm and its freedom are fragile because they can only be sustained by the renewal of actions and judgments within the sphere. The space of appearances has no institutional infrastructure that can guarantee its presence, although Arendt does comment on structures that may encourage or facilitate such a sphere, such as a legal framework that makes such free exchange of “opinions” possible. She proposes a “council system” in On Revolution. (28) She also comments upon those structures that tend to interfere with such a free exchange of “opinion”, such as parties and some schemes of political representation. Because Tchir’s thesis is focused on the existential implications of Arendt’s theory of political action, he tends to omit detailed discussion of alternative structures of governance implied by her theory, although he does make observations about potential deliberative spaces for global actors in his concluding chapter, and explains why Arendt proposed federalism rather than a world government as a means to insure a “right to have rights” in chapter 5.
Although this book is devoted to the disclosure of the “existential and unique who” in political action, it also attempts to characterize and clarify what constitutes political action, a subject of great controversy in the literature on Arendt. Political action is a performance that invokes inspiring principles, examples of which might include “honor, glory, equality, and excellence, but also hatred, fear, and distrust” (29). Through these examples of inspiring principles, it becomes evident that some principles might sustain freedom within the public sphere better than others. Along these lines, Arendt will suggest that the principle of “rectifying social inequality” will most likely destroy the public sphere, as she contends happened when the “impoverished Sans-Culottes entered the scene of the French Revolution. (152) When this principle inspires actions in the public sphere it tends to destroy the plurality of perspectives and opinions, and obliterate individuality through single-mindedness of an instrumental goal, and, it is here that we can see a tension between the who and what in the plurality of the public sphere. Despite Tchir’s own argument, Arendt seems to favor the plurality of opinions, which she does not treat as confined to socioeconomic factors or status. (136) I will reserve further discussion of Arendt’s view of the social and its relationship to the political to later in this review.
Actions thereby spring from principles, as understood by Montesquieu, but also may “exemplify” and “sustain a principle” (30). Although such principles are “too general to prescribe specific courses of action”, they are “greater and longer lasting than immediate ends”, thereby contributing to the continuity of the shared public world. (31) However, these principles are not transcendent metaphysical principles or determined by reason prior to action. They are exhibited in the actions themselves, and, thus, they too must be repeated in narratives to inspire future actions, and in those future actions themselves, in order to sustain their role in the public space. In this manner, political action is for the sake of itself – that is, for the sake of maintaining a sphere of plurality in which action can continue to occur, and for the sake of its inspiring principles. (26) Political action contains its own end, rather than occurring “in order” to achieve instrumental goals. (30) Some critics find this approach to political action empty, a criticism to which Tchir responds in chapters 5 and 6, and which I will address later in this review. However, his discussion of inspiring principles is one of the most interesting parts of his book, and one which he revisits in later chapters in responding to criticisms of the emptiness of the public sphere – what does anyone talk about there? – and to criticisms of the formal but not material equality of that sphere, which could influence who is included or excluded from that sphere and the communication that occurs within that sphere.
My above discussion of the “daimon” metaphor and its existential impact, as well as my discussion of freedom, plurality, natality, and the political space of appearances, are drawn primarily from the first three chapters of Tchir’s book, although, as I indicate above, I anticipate where Tchir is going in the rest of his book. Thereafter the book is organized by chapters on Arendt’s encounters and interactions with the thought of other philosophers within the Western tradition. The rest of my review will briefly survey some of the main points made in each of these chapters in order to draw out some of the main strands of the argument delineated above.
In chapter 4,”Aletheia: The Influence of Heidegger”, Tchir shows how “Arendt incorporates Heidegger’s notion of Dasein’s (the human being’s) resolute action as disclosure of both the `who’ of Dasein and of the action’s context” into her theory of political action. (97) Arendt’s attempt to “rescue political action from its historical and contemporary concealment” in conceptions of sovereignty bears an affinity to her teacher, Heidegger’s attempt to rescue Dasein from the historical concealment of Being. Both Heidegger and Arendt share a concern for “Aletheia“, as an “un-concealment” or “un-forgetting” (97), and with the various modes in which arche (sources) of Being can be disclosed. Arendt’s distinction between a “who” and a “what” is drawn from Heidegger, who, in turn, found it in Aristotle’s distinction between poiesis and praxis. In poeisis, an external product is produced by a process of what Arendt will call “work”, and in praxis, there is no external product to be generalized. Instead, the end lies within the activity itself, as Arendt characterizes political action. However, unlike Heidegger’s adoption of Aristotelian concepts, Arendt rejects the idea that action becomes “fully transparent”, (109) and proposes that “the judgment of spectators can indeed change.” (109) Moreover, Arendt’s notion of plurality, although influenced by Heidegger’s “notion of Mitsein (Being-with)”, significantly revises how the “who” is disclosed. For Heidegger, the authentic “who” of Dasein can only be disclosed by the contemplative withdrawal of the individual from the routine, normalizing discourses of the “everydayness” and “idle talk” of the “They”, while Arendt locates the disclosure of the daimonic “who” within the “web of relationships” and the plurality of opinions – that is, the talk – of the public world. “Talk” and “opinions” of ordinary members of a community can be valuable. (114) Moreover, Arendt “reverses Dasein’s primacy of `being-toward-death’, in favor of the notion of `natality’….”. (115)
In chapter 5, “Labor and `World Alienation”: Arendt’s Critique of Marx”, Tchir addresses Arendt’s distinctions between the social and the political, and between the public and the private, in the context of her critique of Marx’s conception of what she calls “socialized humanity”. (125) Arendt’s rejection of Marx’s conception of freedom rests partly on her prioritization of the disclosure of the individual in the political realm over the other realms of the Vita Activa, those of labor and work, which she claims that Marx favors. Labor is the realm of biological necessity, in which people are simply “specimens” to be preserved, so that Marx’s focus on labor and its liberation is misplaced. (130) Arendt proposes that one can only enter the public sphere where freedom occurs when biological and economic needs have already been met in the private sphere of labor. Whereas, in ancient times, all economic activity also took place in the private household, today economic activity is public, found in the realm of the “social”, which still addresses the arena of mere preservation of life. Although Arendt agrees with Marx that capitalism has had world alienating effects – it is through capitalism that economics entered the public sphere (129) – she sees his solution as “perpetuating” the problem by “glorifying labor”(126) and by focusing on the cultivating of talents (which are an aspect of “whatness”) as the source of freedom when the classless society is achieved, rather than upon political action and the disclosure of the “who” as the source of freedom. (135) By treating speech as inescapably determined by social relations of production” (127), Marx denies the possibility of an individual unique “who” who transcends the constative characteristics of that individual’s “whatness”, as well as denying the plurality of perspectives that constitute a political realm.
I cannot do justice to Tchir’s survey of the literature on this aspect of Arendt’s thought, or to how he indicates with which commentaries he agrees or disagrees. However, it is within this chapter, as well as the next chapter, that Tchir explicitly addresses issues of inclusion and exclusion within a public sphere, revisits the relationship between the “who” and the “what”, and complicates the latter distinction by the introduction of Arendt’s conception of a private “place” (133) from which we emerge to insert ourselves into the public sphere – is such a “place” an aspect of a person’s “what” or only a precondition to participating in the political world? After all, “For Arendt, it as though classes are as unavoidable as labor itself” (135), so are they aspects of “whatness” or of “place”? At the same time, she proposes that the expansion of technological and productive forces may make it possible to give every person in a society such a place, that is, to alleviate poverty to the extent that everybody may be able to “transcend” the sphere of preservation of “mere life” to that of political action and the freedom it entails. (133) This is not entirely unlike Marx’s prediction that the productive forces of capitalism will usher in an age of the end of poverty. In this way, Arendt does want the public sphere to be inclusive, but without sacrificing a plurality of opinion that isn’t reducible to self-interest or to the “whatness” of the participants.
Furthermore, Arendt claims that when social questions based on urgent needs enter the public sphere, they become dominated by the self-interests of those who need to preserve their “mere life”, and this lends itself to the violence and rage that occurred during the French Revolution. Arendt’s conception of non-sovereign freedom and political action are introduced just to reduce the role of violence and domination in political life, although she does realize that violence and exploitation played a role in the private sphere of ancient Greece, and can play a role in producing poverty. (156) Moreover, she doesn’t think that social questions and the elimination of poverty can be successfully eliminated through political means. (152)
However, what then is talked about in the political sphere? Her answer is that questions with no certain conclusions properly belong in the political sphere. (163) For example, the question of “adequate housing” has a certain solution (in Arendt’s view), so it should be dealt with administratively, while the question of “integrated housing” is a properly political issue. (163) In that Arendt considers the provision of “adequate housing” important to establishing a place for every potential participant to enter the public sphere, (156-157) she is not insensitive to social and economic questions, although she does ignore the possibility of normative dimensions to what counts as “adequate”, as well as ignoring the question as to whether or not there should be political interference in the economic housing market in order to provide adequate housing. (159) At the same time, she herself states there is no firm distinction between political and non-political issues and that engagements with one’s historical situation means that what is talked about in the public realm will vary over time. (160) However, one commentator, Lucy Cane, suggests that other inspiring principles than that of eliminating material equality, such as one of “solidarity”, could be disclosed in the actions of political actors in such a way to address some of the concerns of those who are oppressed or exploited. (161)
The problem remains as to whether the formal equality that characterizes the public sphere can be maintained without material equality, and this is where many commentators criticize Arendt. Moreover, there are other types of racial and gender oppression which could distort the exchanges of opinion within the public sphere. However, I suggest that many of Arendt’s critics on these points are operating under different assumptions as to what constitutes power and power relations than those of Arendt. Thus, Tchir’s analysis could benefit from a discussion of Arendt’s own conception of “power”, as numbers of people “acting in concert”, and as distinct from violence which relies on “implements”. (On Violence, 44-46) This would not resolve all the differences between Arendt and her critics, but it would further illuminate her disruption of sovereignty as the basis of freedom, and would help support those commentators who make a case for civil disobedience as political action along Arendtian lines. (139) The role of civil disobedience comes up in Tchir’s discussion of Arendt’s conception of the “right to have rights”, which is “the right to have one’s destiny not be decided merely by how one’s given `what’ is defined and ruled by an external authority but rather by interactions with others who will judge one based on their words and deeds and allow one’s unique `who’ to appear.” (141) The “right to have rights” is the right to live in such a framework, to belong to such a community, which is denied now to those who are stateless or refugees. I suggest that equalizing the conditions of participants within the public sphere might be facilitated by multiple public spheres, based not so much on the features of “whatness” as upon diverse material worlds of cultural artifacts that those with such identities might share, and then federate these various “councils” into larger public spheres, as some protest movements form coalitions with each other. In this way, participants could immanently let their individuality shine through many lights.
In chapter 6, “The Dignity of Doxa: Politicizing Kant’s Aesthetic Judgment”, Tchir addresses in more detail how the judgments of spectators occur. Arendt draws upon Kant’s conceptions of reflective and aesthetic judgments, adapting them to the political sphere, because reflective judgments are not determinative of actions, (177) they involve the use of the imagination, and they make possible the exercise of responsibility. (173) Although each spectator judges differently, and partly from the standpoint of their “whatness”, that is, social class, gender, race, religion, etc., the imagination allows each spectator to enlarge her mentality to take into consideration the perspectives of all those physically present or those past participants in the public sphere. Such an “enlarged mentality” (163) involves a position of “disinterestedness”,(179) one in which we achieve some “distance” by “forgetting ourselves” (180), which implies that we transcend self-interest and considerations of instrumentality or usefulness. (179-180) However, it is unclear how much it involves direct exchange of opinions within the public sphere. In any case, the spectator tries to assess the meaning of acts, but not from a “higher standpoint” than those who participant within the political space.
The “shared judging community” is the sensus communis, now detranscendentalized from Kant’s conception of it. (183) Again many commentators criticize Arendt’s conception of the judging community because of inequities in the position of different spectators in the communication among them.(182ff) However, the role of such inequities in distorting communications, depends partly on the relationship of “whats” and “who’s” within the public sphere, a situation that remains somewhat unresolved, despite the fact that Arendt doesn’t want communication to be marked by conflict among publicly pre-determined identities. However, equality (of a formal rather than material sort) may serve as an inspiring principle, as could mutual respect. (185) It would seem that the maintenance of such a space would require tolerance of potential conflict, openness to listening to different perspectives, and courage to act and retain the personal element in judging, in ways that would always be subject to subversion. (86) Consensus does not appear to be the aim of the judging community, so much as the disclosure of the meaning of their common world. Thus, in these ways, Tchir returns to existential questions.
In the end, there is no hard separation between the position of the actor and that of the spectator. (193) Arendt borrows Kant’s idea of an original compact, in such a way that the inspiring principles of this compact bring the actor and spectator together as one, and an actor can always become a spectator and vice versa. Moreover, a spectator’s judgments are always revisable. Arendt also appropriates Kant’s notion of “exemplary validity”, which implies that “particular deeds may be taken as valid examples by which to judge other cases.” (195) In this way, a tradition may be established, and this also plays a role in Arendt’s conception of history as storytelling that displays such valid examples.
In chapter 7, “Forgotten Fragments: Arendt’s Critique of Teleological Philosophies of History”, Tchir discusses how Arendt criticizes the philosophies of history of Kant, Hegel and Marx, which, according to her, eliminate the possibility of natality, that is, the spontaneous birth of the unprecedented and new that characterizes political action, and subordinate the freedom of the political sphere, which should be for its own sake and for the plurality of that sphere, to the telos of history, and to the agent of historical forces themselves as they march towards that ultimate end without regard to the plurality of humankind. Individuals are reduced to functions in the movement of history itself, one that lends itself to totalitarianism. She proposes an “alternative method of fragmentary historiography,” (205) as influenced by Walter Benjamin. It is from this alternative method that I have pulled the title of my book review, as I contend, and, I have tried to show in this review, how Arendt tends, in her very theory of political action, to perform the type of disruption of historical continuity that she says has occurred in the modern era, but, at the same time, retrieve some ancient practices to re-conceptualize political action and freedom. In so doing, she performs both an action and a judgment, which has generated, in turn, a diverse set of interpretations and judgments of her own “storytelling”, many of which Tchir surveys in his monograph.
In his concluding chapter, Tchir recapitulates some of his main points, and draws together some of the loose threads of his observations into a brief argument as to the relevance of Arendt’s theory of political action in today’s world, which is characterized by divisive discourses of populism; (236) disillusionment by people in a public sphere dominated by corporations and sensational media (242) and a neoliberal security state that relegates people to pre-determined categories of “whatness” in order to control their movements and to deny them freedom and access to a framework in which they can act and judge freely. He makes a few suggestions about the possibility of bringing Arendt’s conception of political action into the international arena, and religion into the public sphere without it dominating that sphere with absolute metaphysical principles. This chapter would be more fruitful if expanded, but, given the monumental job Tchir has already accomplished, it might be beyond the scope of his book to do so.
Works Cited:
Arendt, Hannah. 1970. On Violence. Harcourt, Brace and Company, San Diego.
Das Begehren der reinen praktischen Vernunft: Kants Ethik in phänomenologischer Sicht
Kant et les Empirismes
Reviewed by: Michele Cardani (University of Barcelona)
Immanuel Kant affirmed in the first Critique that “if the size of a book is measured not by the number of pages but by the time needed to understand it, then it can be said of many a book that it would be much shorter if it were not so short” (KrV A xix). For the pleasure of the reader (and with Kant’s blessing), even though Kant et les Empirismes is not an imposing volume, the time needed to go through its interesting analysis and to approach all arguments proves that Kant’s maxim does not apply here.
Even if we might all have in mind that Kant’s dogmatic slumber was interrupted by the remembrance of David Hume (Prol, Ak iv, 260), i.e., even if we might all recognize the important relationship between empiricism and transcendental philosophy at least for its genesis, an accurate survey such as that lead by Antoine Grandjean deserves dedication, to better get acquainted with Kant’s thought. It goes without saying that the keystone of the book is the final s in Empirismes: not only because “the pre-Critique Kant knew an empiricist phase, in such a way that the years 1755–1766 constitute the ‘quasi-Humean’ phase of Kant’s thought” (11) (so that we can speak of a Kantian empiricism), but also because there exist diverse forms of empiricism which Kant converses with. Certainly, some of these forms might have influenced the German philosopher more than others, as is the case of Hume and John Locke; however, the volume has the merit to present and discuss the doctrines of less-commonly debated authors, thus providing a clear idea of how an intense interlocutor the multifaceted empiricist tradition was for Kant—or vice versa (see, for example, the essays by Matthieu Haumesser, 57–73, by François Calori, 75–96, and by Raphaël Ehrsam, 173–193).
The volume is organized in three sections, providing a detailed account of this plural dialogue: “Concepts, Problems, Traditions”, “The Transcendental and the Empiric”, and “The Empiric of the Transcendental”.
The first two assess the most relevant theoretical issues linked to Kant’s thought and its relationship with empiricisms. They deal with the very legacy of transcendental philosophy in regard to empirical reality (“there is no doubt whatever that all our cognition begins with experience” (KrV, B 1), with its relationship to freedom and both the feeling of pleasure and displeasure (after all, as rational beings, our will is “pathologically affected” (KpV, A 36)), along with its bond with scientific epistemology and science in general (Kant’s method is “imitated from the method of those who study nature” (KrV, B xviii)).
The reader will immediately note that what emerges here is an extraordinary complex picture that cannot be attributed to Kant only—even if his philosophy is notoriously not so easy to interpret. Rather, and this is a very valuable achievement of the volume, it is a consequence of the great depth of all the essays, which present and discuss the main concepts of Kant’s system from different perspectives. Particular attention is paid to the first Critique, but there are indeed many other cross references to other works of the Kantian corpus. The different points of view where Kant and the empiricisms are looked from are not only the expression of each author’s personal reading of the problems at stake, but it must also be said that there exist as many different Kants as there are forms of empiricism he was called to answer to.
This is also the very reason why there are so many ways to receive and to understand Kant’s overcoming of empiricism. This question is dealt with by the essays included in the third section, which are dedicated to Georg W.F. Hegel’s, Jakob F. Fries, and Edmund Husserl’s readings of transcendental philosophy.
Olivier Tinland shows, for example, that Hegel carries out a “radicalization of critical philosophy unveiling the deficiencies of the Kantian critical reflection and notably attenuating the effects of contrast made by Kant in order to distance himself from dogmatic metaphysics and empiricism” (166): after all, according to Hegel, “critical philosophy has in common with Empiricism that it accepts experience as the only basis for our cognitions” (Enz, W8, 121).
Claudia Serban invites us to reflect on the ambiguous position attributed by Husserl to Kant, who would stand between René Descartes and Hume. Even if “Husserl’s phenomenology claims for itself the name of transcendental idealism, it clearly places itself in Kant’s wake” (195), his material ontology (the eigentliche Ontologie) opens a completely different philosophical space. The modest “analytic of the pure understanding” (KrV, B 303) would not resist a thorough analysis due to Kant’s misunderstanding of the radicality of English empiricism and his commitment to rationalism.
The essay authored by Ehrsam has many merits, but probably the most remarkable is to bring back the attention to Fries. Fries’ insistent demand to justify transcendental principles based on empirical psychology not only offers the possibility to think more deeply about the presuppositions and the legitimacy of Kant’s system, but also allows to question the intimate essence of other forms of idealism and of Kantianism. Transcendental philosophy, in fact, “did not satisfy itself announcing the caducity of the pretensions of classical empiricism […]; it paved the way for possible future empirical investigations, whose task, from now on, would be to explain genetically the possession of concepts and knowledge a priori” (192–193).
Considering the evolution of the debate around Kantianism in the 19th and 20th centuries, of which Fries surely was one of the protagonists (remember, for example, the quarrels with Hegel and Johann F. Herbart), Ehrsam’s essay, with the support of the chapters included in the first two sections, indeed inspires new readings of Kant and of history of philosophy. The emergence of neo-Kantianism and new empiricisms (think, for example, about the different positions inside the sole Wiener Kreis), is a clear sign that the problems discussed in this volume are not limited to Kant’s direct sphere of influence, and that they still deserve our interest. It is true: even if it is correct to talk about empirismes, some of the patterns are repeated, and can probably be summed-up with the idea that “consistent empiricism is immanentism” (24). This, however, should not be an excuse to simplify the problems at stake. Rather, this recurrence should be considered a further confirmation of the importance of works that shed light on the controversial relationship between Kant (and neo-Kantianism) and empiricisms (and neo-empiricisms). In this sense, it would be a great addition to philosophical corpus that Kant et les Empirismes would be soon translated into English—and into many more languages—for it really proves to be a valuable volume to understand Kant’s philosophy as well as its past, present, and future interlocutors.
Further readings:
Cardani, Michele, and Marco Tamborini. 2017. Data-Phenomena: Quid Juris?. Zeitschrift für philosophische Forschung 70: 527–549.
Cassirer, Ersnt. 1927. Erkenntnistheorie nebst den Grenzfragen der Logik und Denkspsychologie. Jahrbücher der Philosophie 3: 31–92.
Cassirer, Ernst. 2000. Substanzbegriff und Funktionsbegriff. Untersuchungen über die Grundfragen der Erkenntniskritik. In Gesammelte Werke, Hamburger Ausgabe, Hrsg. von B. Recki, 26 Bände, Meiner, Hamburg, 1998-2009, Band 6, Text und Anm. Bearbeitet von R. Schmücker.
Massimi, Michela. 2011. From data to Phenomena: a Kantian Stance. Synthese 182: 101–116.
Le donné en question dans la phénoménologie et le néokantisme: des critiques du positivisme au débat avec Kant
The Death Penalty, Volume I and Volume II
Reviewed by: Jack Robert Coopey (University of St Andrews)
This was necessary at least to the extent that so- called capital punishment puts into play, in the imminence of an irreversible sanction, along with what appears to be held to be unpardonable, the concepts of sovereignty (of the State or the head of State — right of life and death over the citizen), of the right to pardon, etc.[i]
The seminars given in (1999-2000) by Derrida on the Death Penalty resemble Foucault’s later work in the College de France lectures in their constant investigation of the consequences and components of the death penalty which through Derrida’s careful unfolding analysis reveals severe political and social implications in his deconstruction. The seminars fall into the same category of post-phenomenological philosophy in investigating the main canonical texts and thinkers of the history of Western philosophy in order to critique the historical present on the concept of death penalty. In addition to this, Derrida implicates the death penalty in questions of sovereignty and the economy, and the ways in which the spilling of the blood of a state’s citizens involves a certain economy of conceptual content as well as concrete, financial implications. It seems that the context of these seminars within Derrida’s thought may have been firstly overshadowed by his immanent death in 2004, in conjunction with his previous text The Gift of Death (1995) which is his other serious consideration of religion and the political. Additionally, it appears that in his supposedly late political phase, that the death penalty in light of globalization of the 1990’s revealed a means by which to understand the neo-liberal, state of exception worldwide. The seminars simultaneously reveal a hidden part of Derrida that has not seen before, but the question whether these analyses of the death penalty are a repetition of various concepts mentioned throughout earlier works in his corpus is a haunting aspect of deconstruction and Derrida himself. The question of life over death involves the who, what and how in a primarily ontic or ontological question of how life itself is governed by the laws of death penalties and criminality. Although it is evident, that alongside a widespread critique of Derrida, is simultaneously his ability to analyse concepts at an intricate, fruitful and insightful ways, however it may seem these seminars merely reproduce Derrida’s methodology and ideas themselves. To put it more clearly, whilst Derrida did not explicitly write about the death penalty other than these two volumes, the questions of sovereignty, economy and cruelty can be seen as synonymous with the slogans of deconstruction such as the trace, difference and the spectre. Derrida in the first volume examines the ‘canonical texts’ and the ‘canonical examples’ involving the death penalty, being Socrates, Jesus, Hallaj, Joan of Arc, Locke, Kant, Hugo and the Bible. Derrida summarises the conceptual significance of these questions:
Three problematic concepts dominated our questioning through the texts and examples we studied: sovereignty, exception, and cruelty. Another guiding question: why have abolitionism or condemnation of the death penalty, in its very principle, (almost) never, to date, found a properly philosophical place in the architectonic of a great philosophical discourse as such? How are we to interpret this highly significant fact?[ii]
Therefore, alike to Derrida’s other work the question of the repressed, hidden and concealed is revealed in the question of the death penalty and punishment in general. Derrida also highlights the phenomenological status of the unforgivable in relation to capital punishment, which not only involves has juridical and political dimensions but also in the ‘stakes of its abolishment’ possessing implications for a theorization of globalization or Derrida’s term mondialisation. In addition, to this question of globalization the ‘history of its visibility’, the ‘public character’ and its ‘representation in the arts of theatre, painting, photography, cinema and literature’ are also key to Derrida’s investigation of the metaphysics of the death penality. In the first session, Derrida begins the question of the death penalty in the form of a ‘judicial decision’ in the form of the Other, which will inevitably tie into the question of sovereignty itself:
It is indeed of an end, but of an end decided, by a verdict, of an end decreed by a judicial decree [arrêtée par un arrêt de justice], it is of a decided end that decidedly we are going to talk endlessly, but of an end decided by the other, which is not necessarily, a priori, the case of every end and every death, assuming at least, as concerns the decision this time, as concerns the essence of the decision, that it is ever decided otherwise than by the other. And assuming that the decision of which we are getting ready to speak, the death penalty, is not the very archetype of decision. Assuming, then, that anyone ever makes a decision that is his or hers, for himself or herself, his or her own proper decision. […] The death penalty, as the sovereign decision of a power, reminds us perhaps, before anything else, that a sovereign decision is always the other’s.[iii]
In this sense, Derrida’s analysis will analyse the dynamics by which the sovereign will enact a judicial decree in a sphere or spectacle of visibility. These analyses bear resemblance to Foucault’s Discipline and Punish as well as his later work on the shift from pre-modern sovereignty necessitating a form of visibility in order to be enacted to be seen by the sovereign themselves as well as the governed. This shift from a democratic modernity to a neoliberal regime of invisible power and marketization is where Foucault and Derrida meet here. As Derrida remarks: “The state must and wants to see die the condemned one”.[iv] Derrida then shifts like Foucault to analysing Plato’s texts such as the Apology to analyse what shape sovereignty takes, and what form of judicial decree is made against Socrates and the eventual decisionism which results in Socrates’ death. These analyses of the earlier Greek demonstrations of sovereignty will provide an allegory for Derrida’s deconstruction of the United States and their stance on death penalty and the globalized state of exception they declared within Derrida’s time.
The Apology says it explicitly (24b–c): the kategoria, the accusation lodged against Socrates, is to have done the wrong, to have been guilty, to have committed the injustice (adikein) of corrupting the youth and of (or for) having ceased to honor (nomizein) the gods (theous) of the city or the gods honored by the city — and especially of having substituted for them not simply new gods, as the translations often say, but new demons (hetera de daimonia kaina); and daimonia are doubtless often gods, divinities, but also sometimes, as in Homer, inferior gods or revenants, the souls of the dead; and the text does indeed make the distinction between gods and demons: Socrates did not honor the gods (theous) of the city and he introduced new demons (hetera de daimonia kaina).[v]
The next aspect which Derrida analyses is the paradox of the abolition or the maintaining of the death penalty in ‘democratic modernity’ which he refers to as the present political situation globally. Derrida sees this paradox operating between the right to kill in war of a nation state and as a democratic state, and the maintaining of the death penalty which almost acts like a kind of state of exception. The paradox or contradiction between maintaining a supposedly democratic state in Ancient Athens and the United States whilst permitting the murder of foreigns and its own citizens under certain exceptions to the rule is where Derrida reveals this conceptual impasse and insightful paralell to the democratic modernity we inhabit. Perhaps one question Derrida raises here, is how we can better construct a more democratic ‘democracy to come’ in Derrida’s messianism without this exception to the rule, however to what extent democracies can exist without exceptions to rules is perhaps not a possibility.
Even in nation-states that have abolished the death penalty, an abolition of the death penalty that is in no way equivalent to the abolition of the right to kill, for example, in war, well, these several nation- states of democratic modernity that have abolished the death penalty keep a sovereign right over the life of citizens whom they can send to war to kill or be killed in a space that is radically foreign to the space of internal legality, of the civil law where the death penalty may be either maintained or abolished.[vi]
Just like in Foucault, Derrida wishes to understand how the ancient origins of the death penalty in his analysis of Socrates’s trial then grounds and organises the rationality behind the democratic modernity which permits death penalty still in particular nation-states. Derrida’s commentary follows a historical account from the Apology onwards towards the onset of the Enlightenment, most explicit in the work of Kant who for Derrida explicates a rationality of justifying the death penalty as a law of man as opposed to beasts who commit crimes and resorts to a brutal, ‘natural life’.
Here, in a logic that we will continue to find up to Kant and many others, but in Kant par excellence, access to the death penalty is an access to the dignity of human reason, and to the dignity of a man who, unlike beasts, is a subject of the law who raises himself above natural life. That is why, in this logic, in the logos of this syllogos, the death penalty marks the access to what is proper to man and to the dignity of reason or of human logos and nomos. All of this, death included, supposedly testifies to the rationality of laws (logos and nomos) and not to natural or bestial savagery, with the consequence that even if the one condemned to death is deprived of life or of the right to life, he or she has the right to rights and, thus, in a certain way to honor and to a burial place.[vii]
Thus, Derrida argues that in Kant there is a systematic account of how the death penalty in fact is above the natural law of killing, in that in its act of justice and rectifying the law of human beings is in fact, a product of reason. The death penalty is viewed by Kant as a object that is above the natural law, but is a means of restoring the natural law without descending into natural or bestial savagery as a result. As a result of these preliminary analyses, Derrida moves into the core of the death penalty which similarly to Foucault’s lectures realises the theological dimension to how decisions of life and decisions of death are mediated by a onto-theological basis. Derrida even goes as far to say that:
[…] it will indeed be necessary to reconstitute this history and this horizon of sovereignty as the hyphen in the theologico- political. An enormous history, the whole history that at the moment we are only touching on or glimpsing. It is not even certain that the concept of history and the concept of horizon resist a deconstruction of the scaffolding of these scaffolds. By scaffolding, I mean the construction, the architecture to be deconstructed, as well as the speculation, the calculation, the market, but also the speculative idealism that provides its supports. History, the concept of history is perhaps linked, in its very possibility, in its scaffolding, to the Abrahamic and above all the Christian history of sovereignty, and thus of the possibility of the death penalty as theologico- political violence. Deconstruction is perhaps always, ultimately, through the deconstruction of carno-phallogocentrism, the deconstruction of this historical scaffolding of the death penalty, of the history of this scaffold or of history as scaffolding of this scaffold. Deconstruction, what is called by that name, is perhaps, perhaps the deconstruction of the death penalty, of the logocentric, logonomocentric scaffolding in which the death penalty is inscribed or prescribed. The concept of theologico- political violence is still confused, obscure, rather undifferentiated (despite the hyphen we see being clearly and undeniably inscribed in the four great examples, in the four great paradigmatic “cases” that I have just so quickly evoked: trial with thematic religious content and execution, putting to death by a state- political agency, law itself, the juridical, beginning with the “judgments” and the code of Exodus, the juridical, then, always assuring the mediation between the theological and the political); this relatively crude but already sufficiently determined concept of the theologico- political, the theologico- juridico- political will demand from us an interminable analysis. […] One would then ask oneself: “What is the theologico- political?” And the answer would take shape thus: the theologico- political is a system, an apparatus of sovereignty in which the death penalty is necessarily inscribed. There is theologico- political wherever there is death penalty.[viii]
It was necessary to quote Derrida at length here given the immense amount of explication he makes in these conceptual movements. Foucault in his analyses in the Will to Know (1971) College de France lecture similarly analyses the history of sovereignty as a moment of theological significance primarily because there is a moment of miraculous exception, in which knowledge is founded and the sovereign is the one who firstly found the knowledge, and then controls the dissemination of this knowledge and its operations. In a concise metaphor, Derrida even draws the parallel of the telos of deconstruction in itself, that it is necessary in its ability to deconstruct the literal scaffolding of the death penalty and its executions themselves. The next point which Derrida gracefully moves onto, is the linkage between what he calls ‘literature and death’ which specifically refers to the works of literature that are produced about and concerning death, but also how literature for Derrida constitutes a direct European ‘contestation of the death penalty’. For Derrida then, the pen and the scaffold are at odds with one another, in that literature or the ‘right’ to literature constitutes a freedom of public assembly that not only is against the barbarism of the death penalty but that literature in this way is against death, and the right to death that any supposed historical sovereign possesses. Derrida explains the dialectic between:
[…] “literature and death,” “literature and the right to death,” or the trail of countless literary or poetic works that put crime and punishment, and that punishment called the death penalty, to work or on stage. […] if the history of the general possibility, of the largest territory of the general conditions of possibility of epic, poetic, or belle-lettristic productions (not of literature in the strict and modern sense) supposes or goes hand in hand with the legitimacy or the legality of the death penalty, well then, on the contrary, the short, strict, and modern history of the institution named literature in Europe over the last three or four centuries is contemporary with and indissociable from a contestation of the death penalty, an abolitionist struggle that, to be sure, is uneven, heterogeneous, discontinuous, but irreversible and tending toward the worldwide as conjoined history, once again, of literature and rights, and of the right to literature.[ix]
Derrida moves onto the onto-theological dimension of the death penalty and its relation to the sovereign, through the concept of the exception. The primary thinker Derrida is referencing here is Carl Schmitt and the state of exception which foregoes the possibility of suspending the rule of law to save the ultimate state of law. This parallel is synonymous with Derrida’s reading of Kant discussed before in which Kant sees the death penalty as a means of sustaining the rationality of human beings by providing death in a rational, ordered logic without returning to natural or bestial savagery.
What is an exception? More than once, last year, we insisted on the character of absolute exception that pardon must maintain, a pardon worthy of the name, a pardon that is always unforeseeable and irreducible to statement as well as to contract, to determinative judgment, to the law, therefore, a pardon always outside the law, always heterogeneous to order, to norm, to rule, or to calculation, to the rule of calculation, to economic as well as juridical calculation. Every pardon worthy of that name, if there ever is any, must be exceptional, should be exceptional, that is in short the law of the pardon: it must be lawless and exceptional, above the laws or outside the laws. The question then remains: what is an exception? Can one pose this question? Is there an essence of exception, an adequate concept of this supposed essence? One may have one’s doubts, and yet we commonly use this word, as if it had an assured semantic unity. We regularly act as if we know what an exception is or, likewise, what an exception is not, as if we had a valid criterion with which to identify an exception or the exceptionality of an exception, the rule, in short, of the exception, the rule for discerning between the exceptional <and> the non- exceptional — which seems, however, absurd or a contradiction in terms. And yet, people commonly speak of the exception, the exception to the rule, the exception that confirms the rule; there is even a law or laws of exception, exceptional tribunals, and so forth.[x]
For Derrida, the exception represents a form of messianic moment that is invisible and unpredictable. The law as well as the exception following Benjamin and the onto-theological view of the founding of sovereignty and violence are a momentality which is heterogeneous to itself and unforeseeable. Derrida deconstructs using questions about the essence of an exception and to what extent there is an exception of exceptionality, if there is a rule to the exception, how can we then distinguish between the exception and a non-exception? Derrida argues that the common intuition is that the exception is an exception to the rule, so it appears with the Schmittian dynamic of the state of exception, and furthermore developed in Agamben’s homo sacer, that the state of exception is itself a contradiction, which in its essence actually permits its existentiality, insomuch as a momentality is only a momentality distinguished from eternity as a diffraction within eternity itself and not without. Similarly, this paradox of the exception also resembles the contradiction of our democratic modernity and the impenitence of the death penalty within it, and to what extent can we work to undo these types of logic, as no exception to the rule, Derrida merely gestures but remains silent. As a bridge from the exception, Derrida then wishes to push into a Wittgensteinian sphere of the problem of the inexpressibility of pain as a form of leap of faith, such that suffering from cruelty is also a form of exception itself.
Our two questions then became: what is cruelty? And what is the exception? Does one have the right to ask the question, what is? with respect to them? With respect to them, which is to say, for us, with respect to that which links them here indissociably, irreversibly, namely, what we call the death penalty, the question, itself enigmatic, of the death penalty. To think the tie between cruelty and exception, one would have to set out from this exceptionally cruel thing that is the death penalty. Before even letting ourselves be pursued by this question, by the machinic and armed apparatus of these questions that descend on us even before we have asked them (What is and what does cruelty mean? What is and what does exception mean?), allow me on this date to mark precisely, and without convention, in what way they are questions of the millennium and questions of the century, questions of the historic passage at which we have arrived. […] But also because we are at a unique moment in this history, at a moment when, often while basing itself on an equivocal thinking of cruelty (the reference, on the one hand, to red blood and, on the other hand, to the radical malice of evil for evil’s sake, of the “making suffer just to make suffer,” which are two very distinct semantic features of what is called cruelty) […].[xi]
Thus, the death penalty is the exception to the utmost of cruelties in Derrida’s argument. Like Foucault’s shift from the ancient conceptions of the death penalty, Derrida also wishes to emphasize the relevance of these metaphysical debates on the present of communication technologies and the present struggles of abolition. This movement from the Ancients to our technologized present is already at work in Heidegger and through Foucault’s later work, in the ways that technologies are sustaining catastrophic logics of exception.
We are going to continue today — but differently, changing our references and rhythm a little — with what we began to elaborate last time by interweaving the two motifs or the two logics of cruelty on the one hand and sovereign exception on the other, all the while analyzing the current situation in the ongoing struggle for abolition, with the role of new media (Internet, etc.) and the strategy of texts on human rights, the right to life, and on the theological origins of the concepts of modern politics, notably of sovereignty (with reference to Schmitt). The history of law and the history of so- called communications technologies, the joint history of the juridical or judicial machine and of the informative or informational machine were and remain, then, the irreducible element of our questioning.[xii]
Derrida then links these questions of the exception, cruelty and the death penalty to how technologies inform and disseminate these modes of sovereignty. Additionally, Derrida argues for the abolition of the death penalty in analysing the economy of the death penalty, particularly in regards to the economics behind the penal system in the United states. In Volume II he elaborates and goes over previously established material but extends his analysis to the question of pain and concludes on the concept of blood in order to draw conclusions on his analysis of the death penalty to allegorize an abolitionism against seeing the red sight of blood.
When I declare, if I come to you and say, without declaiming, “I’m in pain [je souffre],” “I am suffering [je souffre]” in my soul or in my body, in particular when I murmur “I am suffering” in my psyche, without so- called physical distress, assuming this is possible, a purely psychical distress, well then, what is it I am saying to you in the same breath? Do you understand me? What do you understand? You hear what I am saying, of course, but do you understand me? Do you understand the meaning of these words “I am suffering”? Perhaps, then, I should clarify and sharpen the meaning of my question and change my vocabulary a little in order to make you understand where I’m going, in order to entrust you with my strategy when I declare without declaiming that “I am suffering.” It is certainly not in order to awaken your compassion, this you have surely understood, but, as a teacher, to lead you, pedagogically, to the question that I want you to hear [entendre]. If I tell you or if I think “I am suffering” in my soul and cruelly so, then it is because I have what is called peine [pain, penalty]. There it is, there’s the word: it has been let loose, and it remains loose. Je peine [I’m at pains] and j’ai de la peine [I’m in pain]; je suis peine [I’m pained]. What peine are we talking about? What does peine mean? This peine [pain, penalty], does it come from me or from the other, ultimately? What is its cause? And who is its cause? Does it ever come only from me, this so- called peine? Does it always come from the other, and from the outside? Or are things more convoluted, and precisely painful (penibles, peinlich), because of this? I pass from one language to another in order to problematize, in order to draw your attention to the semantic problem that opens up between the painful [pénible] of the peine and the penal [pénal] of the peine, between the painful of the pain and the painful of the penalty.[xiii]
In conclusion, we can read the two volumes as a death penalty for Derrida as assigned by Derrida himself. The two volumes should be understood within the context of Derrida’s later political phase as an investigation into the history of the death of penalty to critique the contemporary discourses of death penalty in the United States and worldwide. Furthermore, Derrida uses the concept of the death penalty in order to explore the state of exception, cruelty and sovereignty that the United States also has subsumed over the globalized world since its ascension to a superpower post World War Two. The impossibility of the Other to understand the pain of another is another way of Derrida attempting to voice the pain and injustice of the death penalty. The relation between the concept and blood is for Derrida in understanding how the blood of the death penalty can be conceived in order to advocate its abolitionism. Derrida in this sense, hopes to never see the red of blood return, only to disappear, but regrettably Derrida disappeared only three years after the last seminar only to return as a spectre of thought to haunt the history of philosophy, hopefully eternally, ever to return as a name that changed thought or how thinking thinks.
How to conceive, how to conceive of it, the relation between the concept and blood? How to conceive of blood? Can blood be conceived? And how might a concept bleed, how might it, this concept, lead to an effusion [epanchement] of blood? Whether it comes to concepts or blood, we are thus a long way from being done with the impermeable [l’etanche]. We are a long way, a very long way, from being done — will we ever be done? — staunching the flow [d’etancher]. No doubt you remember that this word, impermeable [etanche], the impermeable [l’etanche], retained us briefly in passing last time. What does staunching [étancher] mean? We were present at the scene of the hemorrhaging, if not the hemophilia, of the wound and the bleeding to be staunched, of the effusion of blood to be staunched (by draining, suturing, ligaturing, stricturing, closing the wound, binding). The scenography of hemography, the hemoscenography, seemed to us to demand a certain privilege, a certain prerogative, even if water and tears could also be seen figuring among the liquidities to be staunched. Among the liquid bodies produced or secreted by the body itself — water, tears, blood, to which one would have to add milk or sperm — we felt called upon by the death penalty to see red, to see the red of blood return or disappear.[xiv]
[i] Derrida Jacques (trans. Peggy Kamuf) (eds.) (Geoffrey Bennington, Marc Crepon, Thomas Dutoit), The Death Penalty, Volume I, The University of Chicago Press (Chicago, 2014), p. xiv.
[ii] Ibid., pp. xiv-xv.
[iii] Ibid., First Session, December 8, 1999, p.1.
[iv] Ibid., p.2.
[v] Ibid., p.5.
[vi] Ibid.
[vii] Ibid., p. 8.
[viii] Ibid., p. 23.
[ix] Ibid., First Session, December 8th, 1999, p. 30.
[x] Ibid., Second Session, December 15th, 1999, p. 69.
[xi] Ibid., Third Session, January 12th, 2000, p. 69.
[xii] Ibid., Fourth Session, January 19th, 2000, Right to Life, Right to Death, p. 69.
[xiii] Ibid., Volume II, Second Session, December 13th, 2000, p. 29.
[xiv] Ibid., Volume II, Ninth Session, March 21st, 2001, p. 214.
Conscious Thinking and Cognitive Phenomenology, Routledge, 2018
This book was originally published as a special issue of Philosophical Explorations.
On Descartes’ Passive Thought: The Myth of Cartesian Dualism