THE PHILONIC DISTINCTION: GERMAN ENLIGHTENMENT HISTORIOGRAPHY OF JEWISH THOUGHT

Leon Roth's famous question “Is there a Jewish philosophy?” has been the subject of an ongoing controversial debate. This paper argues that the concept of a Jewish philosophy—in the sense of an allegedly continuous philosophical tradition stretching from antiquity to early modernity—was created by German Enlightenment historians of philosophy. Under competing models of historiography, Enlightenment philosophy construed a continuous tradition of Jewish thought, a philosophia haebraeorum perennis, establishing a controversially discussed order of discourse and a specific politics of historiography. Within this historiography, historical and systematical paradigms, values, and patterns kept shifting continuously, opening up perspectives for different, even contradictory accounts of what Jewish philosophy was (and is). With Hegel and his successors, this specific discourse came to a close. Hegel attacks “Jewish thought” as a form of metaphysics of substance—a critique countered by several thinkers who can be referred to as “Jewish Hegelians” (E. Fackenheim). The Jewish Hegelians fully accepted, however, Hegel's account of the “Philonic distinction”: the difference between substance and subject within the conception of the one. This calls attention to the idea that not only the role of the “mosaic distinction” (J. Assmann), the distinction between true and false in religion, should be examined more closely, but also the consequences of the “Philonic distinction” between identity and difference in monotheistic concepts of deity.     

Mens rea,the Achilles’ Heel of Criminal Law

Abstract

The evolution of criminal law in Western legal systems is often portrayed as a path leading from objective to subjective notions of criminal responsibility. By examining the historical development of the notions of subjective responsibility, this article suggests that the function of a wrongdoer’s subjective mental state, in both its substantive and procedural aspect, as an element in the process of attributing criminal responsibility, remains much the same today as it was in antiquity. This is indicated by what subjectivity, as an essential condition of culpability (actus non facit reum nisi mens sit rea), is said to imply: the distinction between intentional and unintentional acts. Although the notions of intent and malice aforethought are attested to in various sources on ancient Athenian law, there are several kinds of cases in which the role played by these aspects—traditionally referred to as mens rea (“guilty mind”)—remain unsolved in contemporary jurisprudence and legal practice. Yet despite the difficulties of establishing facts in particularly complex criminal cases, setting the boundary between “intentional” and “unintentional” remains crucially important in determining criminal responsibility and thus in distinguishing the “licit” from the “illicit,” which is the very foundation of the rule of law.     

“Love,Peace and Nato”: Imperial Subject‐Making in Central Europe

Abstract: This paper uses NATO enlargement to examine the processes through which political subjects are made. Starting from the observation that the world's most powerful military alliance is increasingly framed not in terms of military defence, but in terms of democracy, freedom, and “European values”, the paper analyzes how this process works, and with what effects. It shows how NATO is, on the one hand, being made so common‐sense as to be boring—below political debate—while, on the other, being made existential and essential—above debate. The effect is a kind of banal militarism: an unremarkable assumption that the military apparatus is ethically grounded and capable for achieving peace. By showing how this assumption is produced and maintained, the paper highlights a key mechanism in the militarization of political life.     

The Necessity of Dialectical Naturalism: Marcuse,Bookchin, and Dialectics in the Midst of Ecological Crises

In the wake of ecological crises, there has been a resurgence of interest in the relation between dialectical thought and nature. The work of Herbert Marcuse and Murray Bookchin offers unique approaches to this question that remain highly relevant. In the first half of the article, we engage with Marcuse's application of the dialectical method in which he gestured to the “vital need” to push beyond the appearance of “the real” and yet lamented the loss of the ability for negative thinking to pierce the dominance of the “technical apparatus” that tied humanity to this “radical falsity”. Here, we suggest the need for a more holistic dialectical understanding of the social totality—one that is directly located within, and takes as foundational, the environmental conditions of human society. In the second half, we examine Murray Bookchin's conception of “dialectical naturalism” as a more thorough engagement with the human/nature relation that surpasses Marcuse's late engagements with ecologism. In particular, we offer critical reflections on the concept of “nature” in the contemporary ecology movement and illustrate how dialectical naturalism is capable of not only transcending dualistic conceptions of “man/nature” but in expanding our awareness of the potentialities of history along what Bookchin terms the “libertory pathways” to a restorative relation between human “second nature” and biological “first nature”. We posit that systemic, interconnected and accelerating ecological crises (climatic, biospheric and oceanic) form the objective and absolute contradiction of contemporary global social life that compels an awareness of the potentialities of an ecological society. Only through this awareness can we break through the reified “solutions” that have often plagued the ecology movement, bringing about the urgent social and ecological transformation that our species requires for its liberation and long‐term survival.     

3. SIMA QIAN AND HIS WESTERN COLLEAGUES: ON POSSIBLE CATEGORIES OF DESCRIPTION

This article comments on some of Professor Huang's theses by looking at ancient historiography. It deals with the significance of history in its respective cultural contexts; the kind of orientation that historical thinking and historiography provide; and the relationship between concrete examples and abstract rules in historical argumentation. Distinguishing between ancient Greece and Rome, it shows that Huang's explicit and implicit East‐West oppositions are more valid with respect to ancient Greece than to ancient Rome. on important points, the situation of Rome is surprisingly close to that of china. thus not only in China but also in Rome, tradition and history are highly important as a life‐orienting force (as opposed to the importance of speculative thought in Greece); and not only in China but also in Rome the orientation that historical thinking and historiography provide is to a great extent moral (as opposed to orientation through intellectual insight that, for a historian such as Thucydides, is placed in the foreground). As to the relationship between concrete examples and abstract rules in historical argumentation, the paper takes up Professor Rüsen's category of “exemplary meaning‐generation,” but suggests a distinction between example in the sense of “case/instance” and example in the sense of “model/paragon.” Though the two corresponding modes of exemplary meaning‐generation are mostly entwined, it appears that in Chinese and Roman historical works (in accordance with their stress on moral effect) there is a tendency toward meaning‐generation by example in the sense of “model/paragon,” whereas in Greek historiography (in accordance with its stress on intellectual insight) the tendency is toward meaning‐generation by example in the sense of “case/instance.”     

Matter,Places, and Persons in Cahokian Depositional Acts

Artifact caching, soil layering, and other intentional depositional practices—archaeologically defined “ritual deposits” of the past—are especially prevalent during the Mississippian period. Employing a perspective of relational ontology, however, we interrogate the validity of a past partitioned into religious, political, and daily spheres. Rather, this perspective emphasizes the multi-experiential and multi-dimensional aspects of social life. Meaning, intentional depositional acts can no longer be usefully described as simply “sacred” or “ritual” practices. Rather, these deposits should be explored as experiences tied to multiple layers of social life, investigating the relationships constructed through such deposits between humans, nonhuman agents, and the landscape.     

Undoing Nature: The John Muir Trust's “Journey for the Wild”, the UK,Summer 2006

Abstract: I take as a point of departure for a discussion of the idea of nature the John Muir Trust's much publicised Journey for the Wild which took place in the UK during the summer of 2006. My objective is to explore how, at the same time that the “wild” was performed as a political category through the Journey, replicating the binary nature/society, prevalent norms of nature that depend on that binary, including, ironically, those of John Muir himself, were “undone”. I work with Judith Butler's (2004, Undoing Gender) ideas of “doing” and “undoing” gender and what counts as human, and her link between the articulation of gender and the human on the one hand and, on the other, a politics of new possibilities. Taking her argument “elsewhere”—unravelling what is performed as “wild” and what counts as “nature”—and using as evidence the art of Eoin Cox, the actions of journeyers, extracts from their diaries and from Messages for the Wild delivered to the Scottish Parliament, I suggest that the idea of a working wild points towards more socially just political possibilities than a politics of nature defined through a binary.     

FELLOW CITIZENS AND IMPERIAL SUBJECTS: CONQUEST AND SOVEREIGNTY IN EUROPE'S OVERSEAS EMPIRES

This article traces the association between the European overseas empires and the concept of sovereignty, arguing that, ever since the days of Cicero—if not earlier—Europeans had clung to the idea that there was a close association between a people and the territory it happened to occupy. This made it necessary to think of an “empire” as a unity—an “immense body,” to use Tacitus's phrase—that would embrace all its subjects under a single sovereign. By the end of the eighteenth century it had become possible, in this way, to speak of “empires of liberty” that would operate for the ultimate benefit of all their “citizens,” freeing them from previous tyrannical rulers and bringing them under the protection of more benign regimes. In such empires sovereignty could only ever be, as it had become in Europe, undivided. The collapse of Europe's “first” empires in the Americas, however, was followed rapidly by Napoleon's attempt to create a new kind of Empire in Europe. The ultimate, and costly, failure of this project led many, Benjamin Constant among them, to believe that the age of empires was now over and had been replaced by the age of commerce. But what in fact succeeded Napoleon was the modern European state system, which attempted not to replace empire by trade, as Constant had hoped, but to create a new kind of empire, one that sought to minimize domination and settlement, and to make a sharp distinction between imperial ruler and imperial subject. In this kind of empire, sovereignty could only be “divided.” Various kinds of divided rule were thus devised in the nineteenth century. Far, however, from being an improvement on the past, this ultimately resulted in—or at least contributed greatly to—the emergence of the largely fictional and inevitably unstable societies that after the final collapse of the European empires became the new states of the “developing world.”     

The greatest deception: fiction,falsity and manifestation in Spinoza’s Metaphysical Thoughts

ABSTRACT

“The first meaning of true and false”, writes Spinoza in a neglected passage of the Metaphysical Thoughts, “seems to have had its origin in stories”. Ideas are true when they “show” us things as they are; they are false when they do not, when they are fictional. In this essay, I argue that what appears at first sight to be a simple assertion of a correspondence theory of truth in fact opens onto broad historical transformations in the nature of meaning that reshaped the very atmosphere of truth: the emergence of a new kind of fictionality, transformations in the sense of logical interpretation, and ultimately transformations in the structures and sources of the natural light, that “clarity” which constitutes for Spinoza, as for Descartes, an indispensable criterion for certainty.     

Rethinking the Concept of Membership in Nature Advocacy Organizations

The political science literature on interest groups, particularly since Olson (1965), normally focuses on individual motivations to join groups or the incentives offered by groups to entice prospective members to join and, more important, to stay on as members over time. But what happens to our understanding about “members”—a term freighted with overtones of democratic participation—when these individuals are more likely to be passive “supporters” or “donors”? Is there a conceptual and practical distinction between the two? This article ponders this question by examining the advocacy organizations that comprise the national environmental community.     

BURYING THE DEAD,CREATING THE PAST1

Professional historians tend to be ambivalent about one of the prime historical phenomena of our time: the desire to commemorate. The amount of attention given to memory (collective or not) and trauma bears witness to the fact that historians really do want to give in to that desire; the fact that they treat these subjects in a rather “positivist” way suggests that they regard it as a bit improper to do so wholeheartedly. As a result commemoration is all over the place but is never taken as seriously as it should be. This essay argues that effective commemoration should start with a question Giambattista Vico might have asked: “who are we that this could have happened?” Posing this question means relinquishing the identity‐enhancing, self‐celebrating stance from which we tend to commemorate “unimaginable” events. Commemorative self‐exploration is a confrontation with what we don't like to be confronted with: the fact that occasionally we behave in utter contradiction to what we regard as our identity. Heterodox, “monstrous,” and therefore Gedächtnisfähig behavior comes in three varieties: things we are proud of, things we are ashamed of, and the sublime “mutations” in which we “commit” history and embark on the unimaginable. Because sublime mutations change consciousness, commemorating them confronts posterity with almost insuperable epistemological difficulties. Commemorating sublime mutations means burying them—not in the sense of “covering” them, but in the sense of “inventing” a way in which they keep on living.     

1. PRETEXTURES OF TIME

Textures of Time is a rich and challenging book that raises a host of important and hard questions about historical narrative, form, and style; the sociology of texts; and the core problem of ascertaining historical truth. Two that pertain to the book's main claims are of special interest to nonspecialist readers: Is register or style—“texture”—necessarily and everywhere diagnostic of “history”? Does a new kind of “historical consciousness” emerge in south India beginning in the sixteenth century, indeed as a sign of an Indian early modernity?Textures is not the first book to argue that historical discourse is constitutively marked by a peculiar style, but the claim is beset by difficulties that scholars since Barthes have detailed. Rather than textures of time—accounts of what really happened in history—what these works offer us may be only pretextures of time, textualized forms of a human experience that make claims about its degrees and types of truth through representations of various states of temporality. Instead of assessing, then, whether these works are history or something else like “myth,” we might ask whether they invite us to transcend this very dichotomy, to try, that is, to make sense of historical forms of consciousness rather than to identify forms of historical consciousness. As for modernity, nothing in south Indian historiography from 1500–1800 remotely compares to the conceptual revolution of Europe. But why should we expect the newness of the early modern world to have been experienced the same way everywhere? Modernity across Asia may have shown simultaneity without symmetry. Should this asymmetry turn out to reveal continuity and not rupture, however, no need to lament the fact. There is no shame in premodernity.     

Innovating in Cluster/Cluster as Innovation: The Case of the Biotechvalley Cluster Initiative

It has been noted that innovation seems to take place to a higher degree in clusters than elsewhere and we have lately seen a worldwide wave of emerging cluster initiatives and similar innovation policy projects. Some of these are realistic efforts based on existing regional strengths and partly existing cluster structures. Most, however, are grasping at straws. The latter is especially true when it comes to technologies such as IT and biotech. We could subsequently add a new label—“pathetic clusters”—to the already existing list of embryonic, emerging, world-class or stagnating clusters. But what do we make of such “pathetic clusters” (are they really pathetic)? Although economic geographers often tend to explain innovation (competitiveness) by looking at cluster dynamics, in such accounts, the cluster concept itself can actually function as an innovation, imposing similar effects on the economy as more familiar types of innovation would, i.e. by creating a local competitive edge. It is reasonable to believe that if “pathetic clusters” play important roles in regional economies, then they do so in the form of social and organizational innovations rather than as Porterian drivers of innovation and industrial dynamics on a large scale. This function of the cluster concept—as a local innovation—is the focus of the paper at hand.     

Pierre Manent and the Politics of the Possible

Pierre Manent's recent works are marked by what he describes as a sense of realistic political possibility, which he uses to form a political response to the challenge of Islamic radicalism. Manent's “politics of the possible” differs from the usual alternatives that propose to integrate Islamic communities on liberal-individualist terms, or to repatriate Islamic immigrants to their countries of origin. Neither of those alternatives involves “politics” in the sense of articulating a political form within the polity given to us—a polity that now includes a sizable antiliberal minority. Manent's proposal to incorporate Muslim communities formally into the French polity by way of a certain social contract is thus a “politics of the possible” even if it is unlikely to be pursued. This article outlines Manent's account of political possibility and discusses two difficulties with his approach. First, the modern state's success and account of its legitimacy have distanced it from the foundational experiences in which it was capable of addressing the question of religion. Second, the situation caused by the radicalization of existing and new Muslim communities occurs at a different juncture in European political history from that which gave rise to the modern state.     

Manufacturing Modernity: Cleaning,Dirt, and Neoliberalism in Chile

Since the coming to power in 1973 of the military dictatorship of General Augusto Pinochet, neoliberalism in Chile has been discursively tied to the goal of “modernizing” Chilean society. This discourse of modernization has relied for its articulation upon another important discourse, that of “cleanliness” as a marker of progress: clean spaces are seen as those of modernity whereas dirty spaces are taken to represent social and economic “backwardness”. In this paper, then, we explore how spaces which are considered emblematic of the modern economy—shopping malls, giant office complexes, university campuses—are maintained as clean spaces. However, in order for the discourse of cleanliness as modernity to work, it is crucial that the corridors of mobility—train routes, subways, city streets—which allow passage between these nodes of the modern economy also be maintained as sanitary spaces. The result is the construction discursively of an almost seamless nexus of hygienic spaces, one which stands in contrast to the dirty spaces of the “other” Chile. The paradox in all of this, however, is that the workers who are crucial to this project—janitors—have suffered greatly as a result of neoliberalism.     

Unlock the Volume: Towards a Politics of Capacity

In recent years “volume” has become a key analytic idea, and tool, for re‐imagining and making sense of historical and contemporary socio‐cultural and geopolitical phenomena. This paper argues that this important work could be pushed in new directions by thinking seriously of how volume might otherwise be interpreted spatially, as capacity. Accordingly, in this paper, we address what we call a “politics of capacity”. To do so, we draw specifically on debates in carceral geography and, in particular, the pressures on the prison system to illustrate our argument. Drawing on notions of “operational capacities” and “capacity building” in the prison setting, we outline a manifesto for volumetric thinking that moves beyond expressions of power that cut through height, depth and angles, to an understanding of how power is conveyed through maximum and minimum capacities; density and mass; and capacity‐building techniques.