scholarly journals The art of truth : remarks made between political and legal discourse.

Soft Power ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 266-279
Author(s):  
Angela Condello

In 1873, Nietzsche claimed that a generally and uniformly valid designation is invented for things. This designation has normative force: as a matter of fact, the «linguistic» legislation dominating the practice of language establishes the first laws of truth (On Truth and Lies in a Nonmoral Sense). In other words, for Nietzsche the artificial nature of truth, given the artificial nature of language itself, was out of discussion. In this paper, I approach the contemporary debate on post-truth by juxtaposing it with the idea of «artificial» or «conventional» truth typical of legal discourse and by showing the aporia behind each search for truth. In order to do so, I focus on the specific nature of «legal» truth and I invite to consider the centrality of the performative force of truth-making procedures – crucial for lawyers and legal practice – in order to underline the importance played by technology in the construction of truth also in the political discourse.

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.


2018 ◽  
Vol 52 (4) ◽  
pp. 1162-1185
Author(s):  
Livia Johannesson

Courts are influential actors during the implementation of immigration policies in liberal democracies. The “liberal paradox” thesis stipulates that courts are driven by logics that hamper restrictionist immigration policies. This study contributes to this theory by exploring the norm construction of impartiality among judicial workers in Swedish migration courts when deciding asylum appeals. Its findings contradict the liberal paradox assumption that courts act according to inner logics that benefit immigrants’ rights. At Sweden’s migration courts, judicial workers show impartiality by using a skeptical approach to asylum applicants and do so to distance themselves from the political discourse of generosity that has dominated Swedish political debate for decades. The broader implications of these findings are that immigration policy theories can benefit from qualitative research exploring informal norm constructions in courts, as such work can offer new insights about the role of courts in the implementation of immigration policies.


Author(s):  
Laura Murray

This article is an attempt to frontally pose a question queer theory gravitates around, yet never effectively spells out: what is a togetherness of those who have nothing in common but their desire to undo group ties? First, I consider the take-up of Lacan’s ethical experiment in Seminar VII, the Ethics of Psychoanalysis by queer theorists. I contend that queer theory has not given Lacan’s interpretation of Antigone its full import, which demands its placement in the philosophical tradition of the West brought to its highest fruition in Kant. I further contend, however, that to do so does not quite offer a solution to the queer problem, for, as contemporary debate on the political import of Antigone shows, the purity of her desire does not immediately translate into a sustainable politics. Lacan himself was faced with the problem of translating his ethics into a politics after his "excommunication" from the psychoanalytic establishment, and came to falter before it. Nevertheless, Lacan’s efforts allow us to pose the undoubtedly queer question of how to group together those whose only attribute is to undo group ties. Responding to the unanswerable demands of a theory and a practice that allows us to answer that question, I propose the figure of the smoker’s communism, as elaborated upon by Mladen Dolar, as a preliminary queer suggestion as to how we might go about mitigating the gap between Lacan’s ethical brilliance and his admitted political failure..


Author(s):  
Menno Fenger ◽  
Babs Broekema

In his first annual speech to parliament in 2013, Dutch King Willem-Alexander announced the end of the era of the welfare state and proclaimed the Participation Society. He stated that the process of individualization, combined with the need to reduce the government's budget deficit leads “to a slow transition of the classical welfare state into a participation society. Everyone who is able to do so, is asked to take responsibility for his or her own life and environment”. This shift towards a participation society is not unique for the Netherlands. Many European countries have experience reforms of their welfare states that limit the responsibility of the state and increases the responsibility of individual citizens. This chapter discusses the backgrounds of Dutch Participation Society in the political discourse, and analyses how and to what extent the ideas of the Participation Society have actually been translated into the content of social policies, their implementation and their consequences.


Author(s):  
Luiz Valle Junior

This article is an attempt to frontally pose a question queer theory gravitates around, yet never effectively spells out: what is a togetherness of those who have nothing in common but their desire to undo group ties? First, I consider the take-up of Lacan’s ethical experiment in Seminar VII, the Ethics of Psychoanalysis by queer theorists. I contend that queer theory has not given Lacan’s interpretation of Antigone its full import, which demands its placement in the philosophical tradition of the West brought to its highest fruition in Kant. I further contend, however, that to do so does not quite offer a solution to the queer problem, for, as contemporary debate on the political import of Antigone shows, the purity of her desire does not immediately translate into a sustainable politics. Lacan himself was faced with the problem of translating his ethics into a politics after his “excommunication” from the psychoanalytic establishment, and came to falter before it. Nevertheless, Lacan’s efforts allow us to pose the undoubtedly queer question of how to group together those whose only attribute is to undo group ties. Responding to the unanswerable demands of a theory and a practice that allows us to answer that question, I propose the figure of the smoker’s communism, as elaborated upon by Mladen Dolar, as a preliminary queer suggestion as to how we might go about mitigating the gap between Lacan’s ethical brilliance and his admitted political failure.


Author(s):  
Daniel BIRO

Emotions in political language use can have considerable repercussions on a society, especially on the expression of solidarity and ostracism, which are closely connected to the emotions of trust and aversion. Driven2 by a sub-corpus of spoken presidential texts from 1992 to 2004, this analysis constructs on the basis of multiword expressions emotion profiles of the political actors. To do so, it draws from Robert Plutchik’s wheel of emotions3 and the Romanian Emotion Lexicon (RoEmoLex)4 and focuses on hints for trust and aversion. The findings indicate a high degree of expressions of trust while aversion is nearly non-existent. Moreover, an increase of emotions during the three presidential terms of Ion Iliescu and Emil Constantinescu is remarkable from a diachronic perspective and constitutes a transition from the topics of internal stability and security to global cooperation and responsibility.


2018 ◽  
Vol 42 ◽  
pp. 140-155
Author(s):  
Dmitry A. Badalyan

“Zemsky Sobor” was one of the key concepts in Russian political discourse in the 19th and the beginning of the 20th centuries. It can be traced to the notion well-known already since the 17th century. Still in the course of further evolution it received various mew meaning and connotations in the discourse of different political trends. The author of the article examines various stages of this concept configuring in the works of the Decembrists, especially Slavophiles, and then in the political projects and publications of the socialists, liberals and “aristocratic” opposition.


2019 ◽  
Vol 54 ◽  
pp. 123-136
Author(s):  
Lyubov V. Ulyanova

The article analyzes the political discourse of the officials of the main political surveillance structure, – the Police Department, – in the period of 1880s (organization of the Department) and until October, 1905, when the Western-type Constitution project finally prevailed. The comparative analysis of the conceptual instruments (“Constitutionalists”, “Oppositionists”, “Radicals”, “Liberals”) typically used in the Police Department allows one to come o the conclusion that the leaders of the Russian empire political police did not follow the “reactionary and protective” discourse, did not share its postulates, but preferred the moderate-liberal-conservative path of political development. Along with that, the Police Department also demonstrated loyal attitude to zemsky administration and zemsky figures, covert criticism of “bureaucratic mediastinum”, the tendency to come to an agreement with public figures through personal negotiations, intentional omittance of reactionary and protective repressive measures in preserving autocracy. All this allows to come to the conclusion that the officials of the Police Department shares Slavophil public and political doctrine.


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