“I Was Following Orders”: An Ancient Greek Archetype of Modern War Crime Legislation

Abstract

This article discusses Lysias’ Against Eratosthenes as an ancient Athenian instance of the superior orders plea, a line of defence made notorious during the Nuremberg trials, which in turn became the cornerstone of modern war crime legislation. Whereas the pre-Nuremberg jurisdiction largely embraced the principle of superior responsibility, whereby a subordinate executing criminal orders was not to be held liable for them, the trials of the Nazi war criminals brought about a complete reversal of this doctrine. While remaining faithful to the spirit of the Nuremberg jurisdiction, the subsequent legislative acts (which dealt, among other things, with the atrocities committed in the former Yugoslavia) sought to further elaborate its underlying principle of absolute liability, in order to precisely determine the question of guilt and innocence. I argue that despite the close relationship between modern legal systems and Roman law, which fully embraced the doctrine of superior responsibility, it is in the juridical thought of ancient Athens that one finds the archetype of contemporary war crime legislation.     

实事求是是唯物史观的基本原则——以“五种社会形态理论”为中心的探讨

是否遵循实事求是的方法论原则,是判定唯物史观还是唯心史观的根本标志,也是二者判然有别的分水岭。唯物史观不以任何先验的东西为前提,唯心史观则相反。凡是不遵循实事求是方法论原则乃至有意违反这一原则的历史观,毫无疑问一定是唯心史观,而绝非唯物史观。根据实事求是原则去考察历史,符合过去人们所理解的五种社会形态理论本来所规定的意义和内涵,因生产力不断发展而导致五种社会形态依次演进更替的例子,在人类历史上并不存在。     

Plasticity and the Future of Philosophy and Theology

Abstract

This article develops a theoretical and political critique of the contemporary notion of the deconstruction of Christianity, primarily in the later work of Jacques Derrida and Jean-Luc Nancy. The deconstruction of Christianity relies upon an understanding of temporality and messianicity derived from Heidegger and Benjamin, and we challenge this privileging of messianism in contemporary philosophy and theology. Messianism is contrasted with plasticity, and plasticity is shown to have resources to overcome the impasses of contemporary thought in a counter-messianic way. To oppose messianism is not to oppose theological thinking, but to open a creative and productive political space for a radical theological and philosophical reflection.     

Arcane geopolitics: Heidegger,Schmitt and the political theology of Gnosticism

In this paper, we discuss what is at stake in appropriating the thought of reactionary figures, such as Heidegger and Schmitt, for critical geography. We will argue that Heidegger and Schmitt were beholden to an arcane geopolitics shaped by supposed gnostic insights into the deeper currents of world history. This (geo-) political theology of Heidegger and Schmitt has not yet been given sufficient attention by geographers engaging their work. However, it is only in approaching their work in a theological key that the gnostic political theology that undergirds their arcane geopolitics can be fully understood. At the core of this arcane geopolitics is the conviction that modernity and all those identified as its agents is a force for ill, setting the world towards catastrophe. In this paper, we excavate this gnostic disposition in the thought of Heidegger and Schmitt in order to raise questions about how their work ought to be mobilized in and for critical, emancipatory, progressive thought so that this appropriation does not bring unwanted residues along with it.     

Heritage as trope: conceptual etymologies and alternative trajectories

The theorization of heritage must necessarily examine the impact of its often concealed status as a metaphor, a figuration framing our use of the term as well as those things described as heritage. Describing elements of the past as heritage is a trope as the past does not leave a testament. This figuration singularizes past, present, and legacy (concealing differences within these terms), as well as ascribing intentionality to the past. These resonances often lend a conservative charge to heritage; however, they might also be viewed as offering a critique of the present. The theorization of heritage should also examine specific histories of how this trope arose. In Britain, John Ruskin’s influential articulation of cultural heritage, for example, drew on the way inheritance featured in political writings of John Locke and Edmund Burke. Theorization of heritage can also be broadened by considering how inheritance is employed in other disciplines, such as its use in phenomenology and poststructuralism, an arc encompassing work by Edmund Husserl, Martin Heidegger, Jean-Luc Marion, Jacques Derrida, and Bernard Stiegler. These investigations help expand the conceptual dimensions of heritage.     

Between Marx and Heidegger: Politics, Philosophy and Lefebvre's The Production of Space

This article argues that the work of Martin Heidegger is extremely important in understanding Henri Lefebvre's intellectual project. It suggests that Lefebvre's trio of influential thinkers—Hegel, Marx and Nietzsche—are partnered by Heidegger. But this is Heidegger read in a particular way, and subjected to a Marxist critique—turned back on his feet, grounded, made real.
This is pursued in detail through a rereading of Lefebvre's The Production of Space . The two terms in this title need to be examined, and while the importance of space develops a number of insights from Heidegger, the stress on production shows the political and Marxist nature of this research. The Production of Space is therefore situated, and needs to be read, between Marx and Heidegger. The article closes with some comments on the interrelation of history, space and politics, and offers the possibility of a left-Heideggerianism.     

Hermeneutics without Historicism: Heidegger,MacIntyre, and the Function of the University

Martin Heidegger and Alasdair MacIntyre both claim that universities perform important philosophical functions. This essay reconstructs Heidegger’s and MacIntyre’s views of the university and argues that they have a common source, which I call hermeneutics without historicism. Heidegger and MacIntyre are hermeneutical philosophers: philosophers who are sensitive to the ways in which thought is mediated by interpretation and conditioned by history and culture. But both of them reject the relativistic historicism sometimes associated with a hermeneutical approach to philosophy. This desire to have it both ways leads Heidegger and MacIntyre to attach tremendous importance to activities that take place in universities but nowhere else. The essay also asks whether MacIntyre’s defenders should be troubled by the similarities between his account of the function of the university and Heidegger’s. I argue that they should not, because, while Heidegger’s account of the university has obvious moral and political failings, these failings result not from non-historicist hermeneutics as such, but from specific features of Heidegger’s version of it.     

Unitarian materialism. Christoph Stegmann,Joseph Priestley,and their concepts of matter and soul

ABSTRACT

This paper describes the affinities between Socinian and Unitarian materialism. Based on different philosophical traditions, the Socinian Christoph Stegmann and the Unitarian Joseph Priestley developed a strong “system of materialism” which fit very well with Christian doctrines and the Bible. The conviction that the whole man is material and therefore mortal became the common basis for these radical thinkers. Stegmann formulated within the Aristotelian tradition a “non-reductive” materialism in which matter, not form, became the fundamental principle of all living things. Priestley, on the other hand, created his “absolute” materialism by developing a new understanding of the concept of matter according to the philosophical rules of Isaac Newton. The paper will discuss the affinities and differences between these two different concepts of materialism. The idea of a thinking matter, most prominently formulated by John Locke, will serve as a link between them.     

Rethinking the Polis: Implications of Heidegger's questioning the political

Heidegger's thought has, in recent years, been relentlessly examined for glimpses of the political. This paper approaches that debate by looking at one of themes of Heidegger's lectures during the Nazi years: one which explicitly questions the notion of the political itself. This questioning, through a rethinking of the Greek word πóλις [polis], is a result of Heidegger's retreat from his own political involvement. Heidegger's active political career was theoretically underpinned by his interpretation of Plato's call for philosopher-kings: his rethinking is important in understanding his turn away from Nazism. In his rethinking Heidegger suggests that looking at the polis with our modern, political, eyes does not give us fundamental insights into the meaning of this word. Heidegger looks to the choral ode in Sophocles' Antigone, and focuses on a line which begins “hypsipolis apolis”. Through a detailed reading, Heidegger suggests that polis should be understood not as “city” or “state” but as “site”, the historical site of being. We cannot use our modern understanding of politics to understand the polis, but we can use our understanding of polis to rethink the notion of the political. The political, means relating to the site of abode of human history, and is therefore primarily spatial, or better, platial. Such an understanding allows us to understand Heidegger's work on technology from a better position; to distance ourselves from the modern, Schmittian notion of the political; and to rethink the principle concepts of politics with due attendance to the role of space, or place.     

Aerostatic spacing: on things becoming lighter than air

The development of practical aerostatic or lighter than air balloon flight in 1783 marked the emergence of a new way of being and becoming mobile, one that also involved an important technical and experiential transformation in earth–atmosphere relations. This paper narrates an account of the distinctive kinds of spaces of which aerostatic flight is generative. At the centre of this account is the claim that the affective materiality of aerostatic flight is simultaneously processual and possessing of what political theorist Jane Bennett calls 'thing-power'. In developing this claim, the paper draws from a range of historical and contemporary accounts of aerostatic flight in order to elaborate upon three aspects of the spaces of things becoming aerostatic: the distinctive kinds of sensing of which aerostatic flight is generative; the differential qualities of affectivity in which the movement and materiality of aerostatic things participates; and the kinds of vertiginous events in which the felt movement – actual or anticipated – of aerostatic things is implicated. The paper concludes by speculating upon how attending to the distinctive and sometimes disquieting materiality of aerostatic things might contribute to geographical engagements with the spaces of air and atmosphere.     

ERNST CASSIRER,MARTIN HEIDEGGER,AND THE LEGACY OF DAVOS

In 1929 Ernst Cassirer and Martin Heidegger participated in a momentous debate in Davos, Switzerland, which is widely held to have marked an important division in twentieth‐century European thought. Peter E. Gordon's recent book, Continental Divide: Heidegger, Cassirer, Davos, centers on this debate between these two philosophical adversaries. In his book Gordon examines the background of the debate, the issues that distinguished the respective positions of Cassirer and Heidegger, and the legacy of the debate for later decades. Throughout the work, Gordon concisely portrays the source of disagreement between the two adversaries in terms of a difference between Cassirer's philosophy of spontaneity and Heidegger's philosophy of receptivity, or of “thrownness” (Geworfenheit), into a situation that finite human beings can never hope to master. Although it recognizes that this work provides an important contribution to our understanding of the Davos debate and to twentieth‐century European thought, this review essay subjects Gordon's manner of interpreting the distinction between Cassirer and Heidegger to critical scrutiny. Its purpose is to examine the possibility that important aspects of the debate, which do not conform to the grid imposed by Gordon's interpretation, might have been set aside in the context of his analysis.     

Spinners and weavers of auffay. Rural industry and the sexual division of labour in a French village, 1750–1850

German scholars of Jewish origin who were students of Martin Heidegger in the 1920s and 1930s are frequently criticized for their supposed postwar refusal to ‘disavow earlier liaisons with Heidegger.’ These scholars are thus indicted for being fundamentally anti-liberal or apolitical, and for those reasons dangerous disciples of Heidegger. By examining the works of Karl Löwith and Hans Jonas, two of Heidegger's influential former students, the following paper presents a more nuanced reading of the relationship between master and disciples, namely that Jonas and Löwith operate with Heidegger's philosophical grammar in order to turn against Heidegger, philosophically and politically. Within this framework, the article fleshes out the crucial importance of theology to the understanding of Jonas’ and Löwith's philosophical critique of Heidegger's thought. Following this theological turn, the paper demonstrates the complexity of Jonas’ and Löwith's postwar approach, that is an anti-Heideggerian ethical and political quest which is anchored nonetheless in Heidegger's philosophy. As such, Jonas’ and Löwith's political projects demonstrate the manner in which Heideggerian categories are not exhausted by Heidegger's own political interpretation; they grippingly denotes the aptitude to steer Heideggerian philosophy towards new ethical and political shores.     

董必武首倡"按法律办事"

1954年1月14日,董必武在政务院第202次会议上对1954年政法工作的主要任务作了说明,认为国家已经进入大规模的经济建设时期,治国方略应从搞运动转到"按法律办事".这是董必武在新中国成立以后第一次郑重提出"按法律办事",同时,他还提出了"培养群众法律意识"、"教育人民守法,首先要国家机关工作人员守法"等思想,这是他经过多年观察、思考而凝练出的治国良策,是他法学思想的升华.     

Dwelling in the Sites of Finitude: Resisting the Violence of the Metaphysical Globe

Abstract: In this paper Martin Heidegger's notions about dwelling in the sites of finitude and “power‐free” (Macht‐los) “letting‐be” (Gelassenheit) are explored as fundamental possibilities for resisting the ontological violence posed by global capitalism, the planetary outcome of the metaphysical condition Heidegger calls the “machination” (Machenschaft). Beginning from the planetary machination—the emergence of the flexible and circularly functioning power of calculative intelligibility—resistance is understood ontologically and hence as a radical critique of power as a consummation of the history of the metaphysical constitution of being. The paper culminates in a discussion of Heidegger's view on the awakening of the “other beginning” of the abyssal “Event” of being, a groundless “time‐space‐play” capable of constituting an alternative modality of relations no longer based upon the calculative functions of power but upon groundless thought and non‐violent dwelling in the earth‐sites of finite being.     

浅谈学生作文创新意识的培养

学生的作文过程就是思维加工的过程,对事物、对知识有他们独特的认识,教师引导学生朝着对知识的深入理解方向走,才能使学生的创新意识不断提高。课堂教学要符合学生的认知规律,培养学生创新思维的教学活动,促使学生提高创新意识,确保课堂教学目标的高质量完成。     

Martin Buber and Hannah Arendt: criticisms on the development of a German messianic

A discussion of the influence of Martin Buber is not easily limited to the philosophical anthropology he espoused. Nor is the political thinking of Hannah Arendt easily removed from criticism of the philosophies (and -phers) that informed her. Both Buber and Arendt attacked the beastly shoulders of a misapplied messianism as it emerged in modern Germany. Hegel, Heidegger, Marx and to some degree Nietzsche would affect this misplacement, and Arendt and Buber for their part would enter into a shared critique that is often neglected, despite promising attempts in a comparative direction made by Ellis, Engel and Riker. In this essay, I make the case that the contributions of Buber and Arendt – their shared assessments of the viability of the public realm, the need for common responsibility and the recurrent decision to engage with otherness in practical terms – point to an innovative critique of the forcible abstraction of a more traditional messianic made by German views of history. In the midst of the crises identified as correlates of a misapplied messianic, the hope as Buber and Arendt see it lies in the capacity for reflective and courageous identification and education between human individuals as they live towards one another.     

4. THE MATERIAL PRESENCE OF THE PAST

This article deals with the material presence of the past and the recent call in the human sciences for a “return to things.” This renewed interest in things signals a rejection of constructivism and textualism and the longing for what is “real,” where “regaining” the object is conceived as a means for re‐establishing contact with reality. In the context of this turn, we might wish to reconsider the (ontological) status of relics of the past and their function in mediating relations between the organic and the inorganic, between people and things, and among various kinds of things themselves for reconceptualizing the study of the past. I argue that the future will depend on whether and how various scholars interested in the past manage to modify their understanding of the material remnants of the past, that is, things as well as human, animal, and plant remains. In discussing this problem I will refer to Martin heidegger's distinction between an object and a thing, to bruno latour's idea of the agency of things and object‐oriented democracy, and to Don Ihde's material hermeneutics. To illustrate my argument I will focus on some examples of the ambivalent status of the disappeared person (dead or alive) in argentina, which resists the oppositional structure of present versus absent. In this context, the disappeared body is a paradigm of the past itself, which is both continuous with the present and discontinuous from it, which simultaneously is and is not. Since there are no adequate terms to analyze the “contradictory” or anomalous status of the present‐absent dichotomy, I look for them outside the binary oppositions conventionally used to conceptualize the present‐absent relationship in our thinking about the past. for this purpose I employ Algirdas Julien Greimas's semiotic square.