Continental Ethics

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

This project retraces activations of Kierkegaard in the development of polit­ical theology. It suggests alternative modes of states of exception than those attributed to him by Schmitt, Taubes and Agamben. Several Kierkegaardian themes open themselves to 'something like pure potential' in Agamben, namely: living death, animality, criminality, auto-constitution, modification, liturgy, love and certain articulations of improbabilities. Attention is drawn to a modal ontology and auto-constitution at work in Kierkegaard's writings, as well as a complicated and indissociable operation between killing and (...) letting-live in legalist exceptionalism, comparable to similar functions found in Foucault regarding the biopowers and necropolitics of territorial and governmental apparatuses. It closes in consideration of Kierkegaard's critique of enumeration, large numbers, and statistical probability alongside contemporary tele-technoscientific social controls via the online datafication of people by surveillance or platform capitalisms. After Kierkegaard, such apparatuses are perhaps suspect as calculated to tranquilize humanity into more docile subhumans as it fools folk into becoming part of its numbers. (*Accompanying file includes only front matter, abstract, and endnotes*). (shrink)

In Beyond the Anthropological Difference, Matthew Calarco aims both at exposing and interpreting the current theoretical situation regarding animals and at proposing a new way of conceiving human-animal relations, advancing what he calls an ‘ontology of indistinction’. Mimicking Jacques Derrida’s project of decentring philosophy, here Calarco aims at decentring ethics appealing to a serious consideration of the relations between beings as opposed to a search for a ‘primary locus of ethical consideration’ (41). -/- .

A biographical and philosophical portrait of the Hungarian philosopher Agnes Heller.

Two of the most basic commitments of virtue ethics, both ancient and contemporary, are that virtue is knowledge and that this knowledge is a kind of moral sensitivity that is best understood on the model of perception. On this account, the virtuous agent perceives moral goodness and badness in something like the way we perceive that a smiling person is happy or that a raging bull is dangerous. This is opposed to the more widely held view of moral experience, according (...) to which perception informs us only of nonmoral states of affairs; the specifically moral content of the experience, on this view, comes either from distinct pro or con attitudes toward those states of affairs or from general principles that we apply... (shrink)

In this paper I begin by suggesting that Immanuel Kant’s argument for the impermissibility of treating others with contempt seems to be subject to a paradox very similar to the well known paradox of forgiveness first described by Aurel Kolnai. Specifically, either the object of the judgment of contempt is not really contemptible, in which case the prohibition on treating him with contempt is superfluous, or else the person truly is contemptible, in which case the prohibition seems unjustifiable, reducing to (...) a mere condonation of wrongdoing. My goal in the paper is to show that this paradox is only apparent. Making use of the philosophy of phrases that Jean-François Lyotard develops in The Differend—emphasizing especially the ideas of phrase-event, presentation, situation, addressor, and addressee—I argue that the Kantian prohibition on treating others with contempt is rationally defensible, even in cases in which we believe the object of the judgment of contempt truly is contemptible. (shrink)

François Laruelle has rightfully earned the title of contemporary French philosophy’s archetypical heretic, having fostered the “non-standard” method of univocal genericity and spurred an altogether radical praxis, inciting a new generation of loyal followers that include Jason Barker and Ray Brassier. Laruelle’s method, often referred to as “non-philosophy” (though “non-philosophy” is an abbreviation of “non-standard philosophy”), withdraws from the metaphysical precept of separating the world into binarisms, perhaps epitomized by the formative division between “universals” and “particulars” in Kant’s Transcendental Deduction. (...) Laruelle’s method also rejects the “evental” nature of Being described by Heiddegger as the foundation for philosophy's “standard model,” which Heidegger termed Ereignis (often translated as “the event of Appropriation”). In its immanence, Laruelle’s “One” is understood as generic identity - an identity/commonality that reverses the classical metaphysics found in philosophy’s bastion thinkers (a lineage that runs from Plato to Badiou), where the transcendental is upheld as a necessary precondition for grounding reality. Instead, Laruelle asserts the “One” as the immanent real: generic, non-philosophical and axiomatic. (shrink)

Recent literature on forgiveness suggests that a successful account of the phenomenon must satisfy at least three conditions: it must be able to explain how forgiveness can be articulate, uncompromising, and elective. These three conditions are not logically inconsistent, but the history of reflection on the ethics of forgiveness nonetheless suggests that they are in tension. Accounts that emphasize articulateness and uncompromisingness tend to suggest an excessively deflationary understanding of electiveness, underestimating the degree to which forgiveness is a gift. Accounts (...) that emphasize electiveness, on the other hand, tend to weaken the safeguards that keep forgiveness distinct from condonation, excuse, or mere servility. I argue in this paper that we can do justice to the three conditions by understanding forgiveness in terms of the concept of institution that Maurice Merleau-Ponty developed in his work from the early- to mid-1950s. (shrink)

This book proposes a substantially new solution to a classic philosophical problem: how is it possible that morality genuinely obligates us, binding our wills without regard to our perceived well-being? Building on Immanuel Kant’s idea of the fact of reason, the book argues that the bindingness of obligation can be traced back to the fact, articulated in different ways by Maurice Merleau-Ponty, Michel Serres, and Jean-Luc Nancy, that we find ourselves responsive, prior to all reflection, to a pre-personal, originary dimension (...) of sense. (shrink)

Building on the theory of humor advanced by Yves Cusset in his recent book Rire: Tractatus philo-comicus, I argue that we can understand the phenomenon in terms of what Jean-Luc Nancy, following Roland Barthes, has called the exemption from sense. I attempt to show how the humorous sensibility, understood in this way, is entirely incompatible with the experience of others as contemptible. I conclude by developing some of the normative implications of this, focusing specifically on the question whether it is (...) ever morally permissible to treat others with contempt. (shrink)

This chapter is an overview of Giorgio Agamben's engagement, in the Homo Sacer series (1995–2014), with Aristotelian philosophy. It specifically studies Agamben's attempt to deconstruct two Aristotelian conceptual oppositions fundamental for the Western tradition of political thought: (1) that between the bare fact of being alive and "qualified" living (associated by Agamben with an alleged distinction between zōē and bios) and (2) that between potentiality (dynamis) and actuality (energeia). Agamben's concept of form-of-life (forma-di-vita), a life that is never "bare" but (...) always in the process of qualifying itself, is designed to deactivate and overcome these distinctions. In the final volume of the series, The Use of Bodies (2014), this is done with the help of the Aristotelian concepts of use (chrēsis) and habit (hexis). (shrink)

In Herman Melville’s Bartleby, the Scrivener, the narrator finds himself involved in a moral relation with the title character whose sense he finds difficult to articulate. I argue that we can make sense of this relation, up to a certain point, in terms of the influential account of obligation that Stephen Darwall advances in The Second-Person Standpoint. But I also argue that there is a dimension of moral sense in the relation that is not captured by Darwall’s account, or indeed (...) by any of the accounts of obligation that have been most prominent in the history of western philosophy from the early modern period up to the present. More specifically, I argue that what is brought out in the relation between Bartleby and the narrator is the separation of the experience of moral necessitation from the rule that would give its content. I attempt to show that this obligation without rule is a genuine moral phenomenon and that we can begin to understand it in terms of the ideas of love, singularity, and potentiality as these are developed in the work of Giorgio Agamben. (shrink)

In the early modern period, contempt emerged as a persistent theme in moral philosophy. Most of the moral philosophers of the period shared two basic commitments in their thinking about contempt. First, they argued that we understand the value of others in the morally appropriate way when we understand them from the perspective of the morally relevant community. And second, they argued that we are naturally inclined to judge others as contemptible, and that we must therefore interrupt that natural movement (...) of sense-bestowal in order to value others in the morally appropriate way. In this paper I examine in detail the arguments of Nicolas Malebranche and Immanuel Kant concerning the wrongness of contempt, emphasizing the ways in which they depend on conceptions of community and of the interruption of moral sense-bestowal. After showing how each of these arguments fails to comprehend the nature and the wrongness of contempt, I argue that we can find the resources for a more adequate account in the work of Jean-Luc Nancy, and specifically in his reflections on ontology and on the meaning of community. (shrink)

Our era is profoundly marked by the phenomenon of exile and it has become increasingly urgent to rethink the concept and our stance towards it. Permeated with references to the stranger, the other and exteriority, the philosophy of Emmanuel Levinas signifies towards a positive understanding of exile. This article distills from Levinas' philosophy a wisdom of exile, for the first time shedding a positive light on the condition itself.

This paper aims to highlight some major differences between the ethics of “self-becoming”, as it was sketched by Friedrich Nietzsche, and the so-called “aesthetics of existence”, which was developed in Michel Foucault’s late work. Although the propinquity between the two authors is a commonplace in Foucauldian exegesis, my claim is that the two projects of self-creation are dissimilar in four relevant aspects. To support my thesis I will use Foucault’s four-part ethical framework through which I will analyze each of the (...) two projects. Foucault, Nietzsche, self-creation, will to power, aesthetics of existence, ethical substance, mode of subjectification, ethical work, ethical telos, power relations. (shrink)

In The Troubadour of Knowledge, Michel Serres demonstrates, by means of an extended discussion of learning, that our capacity to adopt a position presupposes a kind of disorienting exposure to a dimension of pure possibility that both subtends and destabilizes that position. In this paper I trace out the implications of this insight for our understanding of obligation, especially as it is articulated in the moral philosophy of Immanuel Kant. Specifically, I argue that obligation is given along with a dimension (...) of moral possibility, and not, as Kant thought, as an unmediated fact of reason. (shrink)

En el presente artículo se intenta poner de relieve cómo la comp- rensión levinasiana del tiempo contribuye a la recuperación del valor y del sentido del instante presente, el cual ha sido menospreciado hasta nuestros días en gran parte de la tradición filosófica en tanto concebido a partir del tiempo, pensado este último como duración. Se trata así pues de pensar el sentido propio del instante en sí mismo, en cuanto momento presente, independientemente del sentido fun- cional que se le (...) asigna como parte de un conjunto –la duración– que lo abarca y en el que se absorbe. Se tratará por lo tanto de imaginar otras metáforas para explicar el acaecer temporal, distintas de la del punto, de la línea o de la del flujo del devenir; metáforas a partir de las cuales el tiempo ha sido siempre comprendido como un continuo homogéneo. Estas representaciones abstractas del tiempo presentan un orden que reúne los instantes, pero carecen de la noción de un instante central: ese instante por excelencia que es el presente. (shrink)

According to Immanuel Kant, the objective validity of obligation is given as a fact of reason, which forces itself upon us and which requires no deduction of the kind that he had provided for the categories in the Critique of Pure Reason. This fact grounds a moral philosophy that treats obligation as a good that trumps all others and that presents the moral subject as radically responsible, singled out by an imperatival address. Based on conceptions of indifference and facticity that (...) Charles Scott has articulated in his recent work, I argue that these broadly Kantian commitments are mistaken. More specifically, I argue that the fact of obligation is given along with a dimension of indifference that disrupts the hierarchical relation between moral and non-moral goods and that renders questionable the unconditional character of responsibility. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...) the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

Dignity, according to some recent arguments, is a useless concept, giving vague expression to moral intuitions that are better captured by other, better defined concepts. In this paper, I defend the concept of dignity against such skeptical arguments. I begin with a description of the defining features of the Kantian conception of dignity. I then examine one of the strongest arguments against that conception, advanced by Arthur Schopenhauer in On the Basis of Morality. After considering some standard accounts of dignity, (...) showing how they fail adequately to address Schopenhauer’s concern, I propose and defend a new account of dignity, drawing on the ontology of Jean-Luc Nancy. (shrink)

In the essay 'Donner la mort' (1992) Jacques Derrida develops a new concept for the philosophical category of the subjectivity. In particular, he crucially connects the genesis of the subject with the experience of the absolute responsibility that, for Derrida, also represents the beginning of the religion itself: the religion comes to light fundamentally as history of the responsibility. The symbol of the absolute responsibility is the biblical figure of Abraham in the shocking pericope of Genesis 22, where God demands (...) the sacrifice of Isaac. This paper aims to analyze the structure of the absolute responsibility as genesis of the subject in Derrida’s reconstruction of the biblical text. The responsibility itself turns out to be the common foundation of those religions that share the figure of Abraham and provides also a base for a philosophy of monotheism. (shrink)

In this paper I examine the conception of evil and the prescriptions for its mitigation that Michel Serres has articulated in his recent works. My explication of Serres’s argument centers on the claim, advanced in many different texts, that practices of exclusion, motivated by what he calls “the terrifying concupiscence of belonging,” are the primary sources of evil in the world. After explicating Serres’s argument, I examine three important objections, concluding that Serres overestimates somewhat the role of exclusion in perpetuating (...) evil and that his prescriptions for mitigating evil are excessively optimistic. (shrink)

According to Immanuel Kant, moral experience is made possible by respect, an absolutely unique feeling in which the sensible and the intelligible are given immediately together. This paper argues that Kant's moral philosophy underemphasizes the role of this sensibility at the heart of moral experience and that a more rigorous conception of respect, grounded in Michel Serres's concepts of the parasite, the excluded/included third, and noise would yield a moral philosophy more consistent with Kant's own basic insights.

I argue in this paper that Maurice Merleau-Ponty provides a compelling account of alterity in The Prose of the World. I begin by tracing this account of alterity back to its roots in Phenomenology of Perception. I then show how the dynamic of expression articulated in The Prose of the World overcomes the limitations of the account given in the earlier work. After addressing an objection to the effect that the account given in The Prose of the World fails for (...) the same reason as the one given in Phenomenology of Perception, I argue that the key to Merleau-Ponty’s more successful account of alterity is provided by the phenomenon of orientation. (shrink)

In Remnants of Auschwitz , Giorgio Agamben argues that the hidden structure of subjectivity is shame. In shame, I am consigned to something that cannot be assumed, such that the very thing that makes me a subject also forces me to witness my own desubjectification. Agamben’s ontological account of shame is problematic insofar as it forecloses collective responsibility and collapses the distinction between shame and humiliation. By recontextualizing three of Agamben’s sources – Primo Levi, Robert Antelme and Maurice Blanchot – (...) I develop an alternative account of shame as the structure of intersubjectivity , and of a collective responsibility that is more fundamental than the subject itself. On this basis, I sketch the preliminary outline of a biopolitics of resistance rooted in the ethics of alterity. The intuition driving this approach is that life is never bare ; even in situations of extreme affliction there remains a relation to alterity which provides a starting point for resistance. (shrink)

Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)