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Relativism, Reflective Equilibrium, and JusticeTHIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show trhat there is a way to harmonize both views that is subject to empirical test. First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease.
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Sexuated Topology and the Suspension of Meaning: A Non-Hermeneutical Phenomenological Approach to Textual AnalysisThis study assumes the subject's pursuit of meaning is generally incapacitating and should be suspended. It aims to demonstrate how such a suspension is theoretically accomplished by utilizing Lacan's formulae of sexuation integrated with his work in discourse theory and topology. Part I places this study into context by examining scholarship from the established fields of hermeneutics, phenomenology, (post)structuralism, aesthetic theory and psychoanalysis in order to extract out their respective theory of meaning. These theories reveal that an historical struggle with meaning has been underway since the Reformation and reaches near crisis proportions in the 20th century. On the one hand this crisis is mollified by the rise of Heideggerian-Gadamerian hermeneutical phenomenology which questions traditional epistemological approaches to the text using a new ontological conceptualization of meaning and a conscious rejection of methodology. On the other hand this crisis is exacerbated when the ubiquitous nature of meaning is itself challenged by (post)structuralism's discovery of the signifier which inscribes a limit to meaning, and by the domains of sense and nonsense newly opened up by aesthetic theory. These historical developments culminate in the field of psychoanalysis which most consequentially delimits a cause of meaning said to be closely linked to the core of subjectivity. Part II extends these findings by rigorously constructing out of the Lacanian sexuated formulae a decidedly non-hermeneutical phenomenological approach useful in demonstrating the sexual nature of meaning. Explicated in their static state by way of an account of their original derivation from the Aristotelian logical square, it is argued that these four formulae are relevant to basic concerns of textual theory inclusive of the hermeneutical circle of meaning. These formulae are then set into motion by integrating them with Lacan's four discourses to demonstrate the breakdown of meaning. Finally, the cuts and sutures of two-dimensional space that is topology as set down in L'étourdit are performed to confirm how the very field of meaning is ultimately suspended from a nonsensical singular point known in Lacanian psychoanalysis as objet a. The contention is that by occupying this point the subject frees himself from the debilitating grip of meaning.
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From the Zapotecs to the Aztecs: The Day of the Dead and the Cosmic and Shamanic Phantoms of Malcolm LowryOn the basis of a recent field-trip to Mexico, this paper advances the thesis of my 2009 Malcolm Lowry Centenary International Conference paper on ‘Souls and Shamans’ presented at UBC, Vancouver which considered the cultural, psychological, and spiritual links between Lowry’s cosmic, terrestrial, subterranean, and aquatic world-views. In assessing the interface between the material and spiritual domains perceived by both the Aztecs and the Oaxacan Zapotecs, it examines the subconscious dimensions of the Mexican Day of the Dead festival witnessed by Malcolm Lowry in 1936. It investigates anthropological, cultural, and ethnographic influences, dating back to pre-Columbian, Mesoamerican rituals, reflected in Under the Volcano (1947), Dark as the Grave Wherein My Friend is Laid (1968), La Mordida (1996), and The Forest Path to the Spring (1961). In establishing Lowry’s preoccupation with seeking atonement with the spirits of the dead and his recognition of the need to repent for the debts of the past and for the sins of mankind, synergies are made with the cosmic, shamanic, and animist concepts of the universe, expressed by the divine consciousness of the Zapotec and Aztec civilizations.