Lorsque le katechon permet de repenser le politique. Discussion critique d'une thèse de Georgio Agamben en regard de la discursivité de 2 Th 2.1–17

2020 ◽  
Vol 66 (3) ◽  
pp. 406-432 ◽  
Author(s):  
Alain Gignac

This article compares a discursive analysis of 2 Thess 2 and Giorgio Agamben's use of the same passage in his political philosophy (in at least three of his books). On the one hand, 2 Thess 2 is a complex and detailed eschatological scenario, but ultimately elliptical – with a self-referential enunciative device centred on a ‘super blank’, the κατέχον/κατέχων, which it is preferable not to identify. On the other hand, despite some shortcuts, Agamben aligns with the main intuitions of 2 Thess 2, which finally returns the reader to his/her own present where a conflict is played out between, on one front, the Messiah and his community, and, on the other front, the anti-messiah and his anti-messianic community. According to Agamben, the κατέχον/κατέχων is a negative figure, the legal facade that prevents unmasking the anomie of current political systems and delays the establishment of a messianic community beyond the law.

Author(s):  
Marzena Pomorska

Political opposition is a fundamental category of contemporary political analysis. On the one hand, it may be disorganized and it may express social opposition. On the other hand, it may be organized in the form of a political party. It may be legal or it may stand outside the law. It may be motivated by noble ideals or lust for power. It does not matter. However, the most important thing is that some kind of opposition always exist in all political systems and in all countries. Opposition is a political phenomenon.


Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.


Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.


Author(s):  
V. Кroitor

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".


2020 ◽  
Vol 26 ◽  
pp. 101-110
Author(s):  
Mateusz Falkowski

The article is devoted to the famous The Discourse of Voluntary Servitude by Étienne de La Boétie. The author considers the theoretical premises underlying the concept of “voluntary servitude”, juxtaposing them with two modern concepts of will developed by Descartes and Pascal. An important feature of La Boétie’s project is the political and therefore intersubjective – as opposed to the individualistic perspective of Descartes and Pascal – starting point. It is therefore situated against the background of, on the one hand, the historical evolution of early modern states (from feudal monarchies, through so-called Renaissance monarchies up to European absolutisms) and, on the other hand – of the political philosophy of Machiavelli and Hobbes.


2021 ◽  
Author(s):  
◽  
Samuele Tonello

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>


2021 ◽  
Author(s):  
◽  
Samuele Tonello

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>


2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.


2017 ◽  
Vol 99 (1) ◽  
Author(s):  
Matias Slavov

Abstract:Given the sharp distinction that follows from Hume’s Fork, the proper epistemic status of propositions of mixed mathematics seems to be a mystery. On the one hand, mathematical propositions concern the relation of ideas. They are intuitive and demonstratively certain. On the other hand, propositions of mixed mathematics, such as in Hume’s own example, the law of conservation of momentum, are also matter of fact propositions. They concern causal relations between species of objects, and, in this sense, they are not intuitive or demonstratively certain, but probable or provable. In this article, I argue that the epistemic status of propositions of mixed mathematics is that of matters of fact. I wish to show that their epistemic status is not a mystery. The reason for this is that the propositions of mixed mathematics are dependent on the Uniformity Principle, unlike the propositions of pure mathematics.


Sign in / Sign up

Export Citation Format

Share Document