butler and connolly

Politics, Power and Ethics: A Discussion between Judith Butler and William ConnollyTheory and Event 4:2. 2000.

William Connolly: One impressive thing about Gender Trouble was its creative and detailed elaboration of the Foucauldian idea that the demand to secure a “true identity” or “a core” identity is entangled with ugly processes that close off the development of a plurality of identities on the same social field. That which was thought by many to provide the basis and guide to ethics was, therefore, itself said to be entangled in the politics and power of ethics. One way of putting the point in Gender Trouble (1990) was to say that “the displacement of a political and discursive origin of gender identity onto a psychological ‘core’ precludes an analysis of the political constitution of the gendered subject and its fabricated notions about the ineffable interiority of its sex or of its true identity” (p.136). This book opened up important issues that had been closed down, including the possibility of pursuing a new plurality of sexual and gender practices. It also played a crucial role in helping to mobilize and energize an entire political movement. But it is has nonetheless been taken by some of its critics, even by some who support gay and lesbian rights, to have deleterious consequences. They sometimes assert that it treats all identity as if it were oppressive, or that it does not sufficiently appreciate the pleasures and attachments to identity we find ourselves implicated in, or that it diminishes the capacity to evaluate different claims to identity ethically, or that it makes it difficult to identify the political energies from which to proceed in pushing for a pluralization of identities, or that it makes it difficult to see how to mobilize such energies in dominant constituencies who are asked to respond to new pressures for pluralization.

There may be misunderstandings behind some of these criticisms, or they may reflect more basic disagreements about how power operates, how ethical responsiveness proceeds, to what extent an ethical orientation must be grounded in something fixed, authoritative or final to be informed, and how diverse a contemporary culture should strive to become. I hope you will take the opportunity as we proceed to respond to some of those questions. For example, would you now modify the idea that a challenge to the idea of truth in identity also necessarily involves a challenge to the idea of a “core” identity? Could one emphasize the contingent elements in the formation of identity and probe the fugitive possibilities of mobility that may inhabit it even while saying that identity often enough acquires a certain core?

One way to proceed, perhaps, is to consider an arresting moment in The Psychic Life of Power (1997). You have been examining the role that melancholy plays in consolidating heterosexuality out of a larger field of possibilities. There is unavowed grieving involved here, and this condition seems both to entrench the attachment to identity and to complicate the possible political relations between constituencies. A poignant formulation occurs:

This raises the political question of the cost of articulating a coherent identity position by producing, excluding, and repudiating a domain of abjected specters that threatens the arbitrarily closed domain of subject positions. Perhaps only by risking the incoherence of identity is connection possible (p. 149).

I interpret this formulation to mean that people often become profoundly attached to the identities that inhabit them, that the abjection of some other identity possibilities often becomes tempting as a means to secure the self assurance of your own, and that an ethos of plurality is apt to be both fragile and uneven in part because people often refuse to run identity risks to cultivate connections across difference. This formulation, to me, addresses simultaneously the importance and difficulty of a generous ethos of public life, and it discloses the element of fragility that may persist in such achievements if and when they are achieved. The risks are more palpable than those acknowledged by many self-proclaimed proponents of public virtue. One thinks of liberal communitarians and neo-Kantians here. The theme also may also help to explain why some non-Kantian, cultural conservatives are so eager to bond the identities they profess to the truth of identity itself. Nietzsche calls this an instance of the “immorality of morality,” meaning in this context the immoral demand to treat the identity you profess as if it were commanded by the dictates of morality itself so that it can never become incumbent upon you to make adjustments in its hegemony to create more room for diversity. One thinks of the Christian Right in this context, though there are many Christians who oppose those tendencies in the name of Christian love. And one thinks as well of those academics who identify same-sex marriage and families with the demise of western civilization itself.

Let me ask you, then, to use these two formulations, one published in 1990 and another in 1997, to respond to one or two of the issues posed above and, particularly, to address the relation between political ethics and the risks to identity posed by negotiation of a generous ethic of plurality. It may be that you will not find my use of the terms “ethics” or “ethos” helpful in this context. That too would be interesting. It will get us started if you say something about your current thinking concerning 1) risks to identity posed by formation of generous connections across opaque lines of difference and 2) what within the asymmetrical play of power that might foment a call to such negotiations.

Judith Butler: There are several interesting points that you raise, and I think I may be able to answer them best by proceeding more or less chronologically. You ask whether I might be willing to rethink the critique of core identity now that Gender Trouble is ten years old. And my answer to this question is two-fold: first, it seems important to realize that GT made an argument against the notion of core gender identity, especially the view of Robert Stoller, an ego-psychologist who claims that one might find the truth of gender in an ostensibly interior ‘core’ gender identity. The second is that identity itself may become experienced as a ‘core,’ but that is only to say that a certain discourse of the core conditions our self-understanding, sometimes even essentially.

The reason I opposed Stoller’s view is that it set up a very speculative, even metaphysical postulate as the criterion by which the truth of gender might be known, and assumed that this non-phenomenal core somehow structured all that emerged as gender in the realm of appearances. This struck me, and continues to strike me, as a needlessly and dangerously regulatory view which sets up the ‘expert’ as the one who has special knowledge about one’s ‘core,’ a core that is only known through its appearance, but is said to be not only distinct from the appearances by which it is evidenced, but is said to act causally to produce such appearances. My view was, and remains, that sometimes gender does come to feel like a ‘core,’ or it becomes available to us through the discourse of the ‘core’ or, as you yourself say, it is “acquired.” So I don’t dispute that it can, for some people, come to really feel like a core, and even, through the metaphor of the core, come to structure their self-understanding essentially. But that is, of course, different from saying that it “is” one, and I don’t think we have any way to actually say the latter and know it to be true. The regulatory dimension of the doctrine to which I am opposed has to do with the truth-claim it makes, a truth-claim that seems to be made precisely by the psychologist who devises and institutes the theory. So I suppose my complaint is not unlike Foucault’s in the first volume of The History of Sexuality where he wonders how and why sex became the innermost secret that we are compelled to expose to the psychological establishment. But more than that, it seems important to acknowledge that if a core gender contains the criterial truth of gender, then it is possible to announce about another person that the truth of their gender is manifested by their acts or their appearances. This can be used to say that the truth of a masculine-looking woman is her core femininity — which she denies — or that the truth of a feminine-looking woman is her core femininity — which she affirms. And it may be that the genders which inhabit persons and which they simultaneously inhabit, don’t quite fit into established conventions of masculine and feminine, and that the discourse of truth which assumes the stability of those terms, and relates them as though they were mutually exclusive, is itself an idealization of gender under the norms of a certain (uninhabitable) heterosexuality, and so not to be embraced without qualification. This is not to say that the idealized norms of heterosexuality are not conditions of pleasure. They most surely are. But what becomes interesting is when these pleasures are not exactly manifested by the bodies and genders that one expects, or where certain reversals make clear that heterosexuality does not belong exclusively to heterosexuals. I think this point has been made about homosexuality most emphatically by Eve Sedgwick: homosexuality is not the property of homosexuals.

I certainly don’t mean to treat all identity as oppressive, but I do mean to underscore that forms of regulation operate through available notions of identity, and that this produces them as sites of ambivalence. As ambivalent, they are the sites of both pleasure and pain, and I am suspect both of the desire to eradicate identity (and its pain) and to install it as foundational (which very often seeks to forestall the ‘anxiety’ that the tenuousness of identity implies). Probably The Psychic Life of Power makes these latter claims a bit more evenly than Gender Trouble. I think we all have investments in identity, those which give us pleasure, even take us to certain heights of exhilaration, but that both that pleasure and exhilaration of ‘being’ such and so are also haunted by a certain anxiety, a knowingness about the contingency of what we ‘are.’ We can, of course, seek to legislate that contingency and anxiety away and make claims to the effect that our identities are foundational or that they are to be found in enduring ‘cores,’ but here the very insistence belies its own instability. I believe that you have brought out this double dimension of identity in a different, but parallel way, when you claim, for instance, that the contingency of identity is its relationality, and that the latter is the basis of our openness toward others. If I parallel you here, it is probably because I am citing you in the way that one cites another whose thought has become so formative of one’s own that it no longer quite stands out as distinct from one’s own thinking.

I think some of the misunderstandings that attend my early work may arise when on moves too quickly from the theory of gender identity put forth there to a more generalized theory of identity. For instance, you cite for me one popular criticism of GT which worries that my view diminishes our capacity to make ethically relevant distinctions between kinds of identities. This view usually arrives at my door in the following form: Butler makes room for new possibilities of gender, but she fails to give us a criterion by which to distinguish between good and bad possibilities. Surely, Butler does not mean to condone or support the proliferation of all such possibilities, regardless of their ethical content. I think that the only way to answer this question is to take a few steps back and ask the following: under what political conditions does possibility itself emerge as a political good? And the answer to that is: under conditions in which gender has been constrained, in which certain sexual and gender minorities have felt their lives to be “impossible,” unviable, unlivable, then “becoming possible” is a most certain political achievement. GT is, of course, about desiring subjects who either fall outside the heterosexual norm, or operate within it as one set of norms among others, but in “perverse” or illegitimate ways. We are talking about sexual practices and modes of gendering that are deemed unlivable precisely because they defy the tacit and violent presumption that human life only appears as livable under the description of heterosexuality. I worry that those who too quickly abstract from this analysis lose sight of the specific ways that compulsory heterosexuality works the power of foreclosure. And it is only once this is no longer seen that the political valorization of ‘possibility’ becomes confusing or seems in need of an ethical supplement. That lives foreclosed now take themselves to be ‘possible’ strikes me as a political good under conditions in which a certain heightened norm of compulsory heterosexuality works to make non-compliant lives into those which are impossible.

This leads me to your last set of very interesting questions, pertaining to ethics and to ethos. I confess to worrying about the turn to ethics, and have recently written a small essay that voices my ambivalence about this sphere. I tend to think that ethics displaces from politics, and I suppose for me the use of power as a point of departure for a critical analysis is substantially different from an ethical framework. But I do know the use to which you put this term, and I understand that your question is asking me to think about our bearing towards others and ourselves, and how that can take place in a way that fosters generosity, especially within a differentiated field of power.

I do believe that a certain ability to affirm what is contingent and incoherent in identity allows one to affirm others who may or may not ‘mirror’ one’s own constitution, or that the recognition that one is, at every turn, not quite the same as what one thinks that one is, implies in turn a certain patience for others which does not demand that they be who they claim to be at every moment. Suspending the demand for self-identity or, more particularly, for complete coherence, seems to me to counter a certain ethical violence which demands that we manifest self-identity and require that others do the same. For subjects who live in time this will be a hard norm to satisfy. And for subjects who are multiply constituted, and sometimes constituted in ways that are not quite known or knowable, this will be an ethical norm before which one can only fail.

But then the question — we might say ‘post-Kafka’ — is whether a new sense of ethics emerges from that inevitable ethical failure. And I suppose that it does, and that it would center perhaps on a certain willingness to acknowledge the limits of acknowledgment itself, that when we claim to know and present ourselves, we will fail in some ways that are nevertheless essential to who we are, and that we cannot expect anything different from others. This involves, perhaps paradoxically, both a persisting in one’s being (Spinoza) and a certain humility, or a recognition that persistence requires humility, and that humility, when offered to others, becomes generosity. For me, though, an essential part of that generosity involves the suspension of the regime of truth that governs the elaboration and totalization of identities. If the identity we say we are cannot possibly capture us, and marks immediately an excess and opacity which falls outside the terms of identity itself, then

any effort we make ‘to give an account of oneself’ will have to fail in order to approach being true. And as we ask to know the other, or ask that the other say, finally, who he or she is, it will be important that we do not expect an answer that will ever satisfy. And by not pursuing satisfaction, we let the other live, offering a recognition that is not based on knowledge, but on its limits.

William Connolly: Your ambivalent orientation to ethics is moving. It shows us how some traditional models of morality, when folded into a system of differential power, are readily pulled into the service of domination; and it then counters that tendency with an ethical generosity fueled by the paradoxical energies of self-modesty. It indeed fleshes out things articulated perhaps more briefly or indirectly in your recent texts.

I would like to turn now to the nexus between performativity and corporeality. In Excitable Speech: The Politics of the Performative, you show how discursive practices help to constitute selves and the operative norms governing them even as they also provide openings for the creative modification of those selves and norms. You also show how theorists who emphasize the first of these possibilities often tend to overlook the political significance of the second. When you then engage Pierre Bourdieu you criticize his tendency to ignore the transformative potential of discourse, but you also seem to affirm some of his insights.

If one accepts your critique of Bourdieu’s tendency to depreciate the elements of ambiguity and possibility in established contexts, it is intriguing to probe further what it is in his thinking that informs you. Bourdieu wants to show, through the discussion of habitus, how linguistic practices intersect with other dimensions to constitute habitual norms operating below the threshold of intellectual articulation. The result, I take it, is a set of dispositions incorporated into demeanor, gesture, movement and mood that help to set the stage for linguistically mediated performances even as they are marked by them. Here is a statement in which you take issue with Bourdieu after appreciating how habitus operates. You are resisting, or so it could seem, the idea that there are extralinguistic elements at work here as well as linguistic ones:

[I]f one argues that language itself can only act to the extent that it is ‘backed’ by existing social power, then one needs to supply a theory of how it is that social power ‘backs’ language in this way. If language only represents the larger, institutional conditions that give it its force, then what is that relationship of ‘representation’ that accounts for institutions being represented in language? It seems that such a relationship can only be explained through a further theory of language and signification (p. 158).

You are persuasive in objecting to the sufficiency of a representational model of language. And it seems true that there is to date no compelling theory available of how such ‘backing’ occurs. But there is a side of Foucault that may speak to the latter issue without falling into the situational one-dimensionalism of Bourdieu. In “On The Genealogy of Ethics,” Foucault concurs with you on the ambivalence of discursive iteration and reiteration. He then says,

It is not enough to say that the subject is constituted in a symbolic system. It is not just in the play of symbols that the subject is constituted. It is constituted in real practices — historically analyzable practices. There is a technology of the constitution of the self which cuts across symbolic systems while using them.

I don’t like Foucault’s choice of terms here. But I take “real practices” to be things like a cop spreading you out for a search after he has hailed you; an architectural/behavioral regime of prison surveillance that folds the sense of paranoia and self-watchfulness deeply into the brains, muscles and visceral feelings of those under observation; or habits of gesture, posture and walking sometimes ingrained in us by others in similar gender, ethnic, age or class positions. Such disciplines do seem to “cut across symbolic systems while using them.” They install their effects in somatic dispositions and habits of performance. Do you think these effects, as Foucault reads them, close in on the connection between institutional practice and habitus that Bourdieu addresses, while still appreciating the ambiguity and creative possibilities residing in these crossings? To what extent does the linguistic dimension require such supports and supplements to do its work? (I bracket the more judicious phrase “linguistic practice” here to focus on what the other elements in those practices are.) Put another way, what, if anything, does the idea of the performative draw from Bourdieu on habitus and Foucault on technologies that “cut across symbolic systems while using them”? This is a fascinating and, perhaps, treacherous terrain. Your appreciation of Foucault and your theory of performativity make you an excellent person to negotiate it.

The last issue, for this second round, speaks to the same question from another side. It involves Foucault’s exploration of “arts” or “tactics of the self.” It may be that his intense interest in the formation of “disciplinary society” (“the middle Foucault”) eventually called him to explore arts of the self as one way to respond to those disciplines by strategic means (“the later Foucault”). It surely would not be a sufficient way politically, but perhaps a pertinent one. Gilles Deleuze may address a more robust intersubjective version of such arts through his explorations of micropolitics. An art of the self, one might say, involves strategic mixings of word, image, movement, posture, touch and sound to try to alter something in your previous sensibility. Micropolitics applies such strategic mixtures to the ethos of larger constituencies.

What do you make of Foucault’s arts of the self? And, by extension, the micropolitics of Deleuze? How are they bound up with, or differentiated from, the ambiguous power of the performative?

Judith Butler: As always, I appreciate your extremely provocative and generative questions. I’ll try to do my best with them, but I think they lead us, perhaps collectively, to the brink of a problem that we don’t yet know how to think. Let me begin by trying to restate the objection to Bourdieu that I make in Excitable Speech so that we can be clear that I don’t mean to give further support to a representational view of language. What interests me there is that precisely at the moment at which Bourdieu seeks to establish a difference between linguistic and non-linguistic practices, he posits a relationship between them. The latter work to support the former, and so we are prompted to ask: in what does that ‘backing’ or ‘supporting’ consist? That he understands the difference between the two to take place as a relation implies that he knows what this relation is and, further, that the relation is describable. If language registers and represents non-linguistic movements of power, then a relation of representation is set up between language and non-language. And what this means is that a new venue for language, understood as representation, has been established. Rather then diminish the notion of language through counterposing it to its other, he enhances the representational model of language by asserting a relation of representation between language and its other.

The problem with this move is two-fold: in the first instance, the representational model of language and, in this instance, the representational relation between language and its opposite, fails to appreciate the ways in which language forms the object it claims to represent. Thus, the constructive dimension of language is overridden in favor of one that assumes that language remains anterior to the object it represents. Of course, the theory of construction immediately raises the fear of a complete linguisticism, i.e. that the object is nothing but the language by which it is construed. But this kind of linguistic reduction must be resisted. The second problem with the claim that language represents power relations which, in turn, back or support linguistic practice, is that we fail to understand the way that power works through discourse, especially discourses that naturalize and occlude power itself. Again, this is not to claim that power is nothing but discourse, but it is to claim that the one cannot be thought without the other. Indeed, they are not the same, and this very difference conditions the question: what are the ways they are mapped onto one another, and how do they become the vehicle for one another?

Foucault does not help much here when he merely asserts that it is necessary to add to symbolic systems the sphere of practices and of institutions. For now we simply have a list of things to keep in mind, but we do not yet understand the relation among the items on the list: language, discourse, practice, institution. He does, of course, give us several different kinds of formulations for understanding this relation, and I will review some of them below. But first I would like to emphasize that the problem I am thinking about is not simply this: how do we take account of the important workings of power that take place in the form of non-discursive practices and institutional domains, in forms of asceticism or in the panoptical prism. Surely this is important and necessary. But to focus on linguistic practice here and non-linguistic practice there, and to claim that both are important is still not to focus on the relation between them. It is that relation that I think we still do not know how to think. Most of the neo-Marxian models for thinking the relation rely on mimetic notions of representation that fail to account for the constructivist challenge, and some of the constructivist positions fall into a linguisticism that closes the gap which calls to be thought. It will not be easy to say that power backs language when one form that power takes is language. Similarly, it will not be possible to look at non-discursive practices when it turns out that our very way of delimiting and conceptualizing the practice depends on the formative power of a certain conceptual discourse. We are in each of these cases caught in a chiasmic relation, one in which the terms to be related also partake of one another, but do not collapse into one another.

As for the second part of your question, I think that Foucault gives us a way to think power in relation to the arts of self, but that this artistry is not precisely self-generated. It is a complex artistry that cannot happen without the prior operation of norms as they work to condition and form subjects. Indeed, I think that whereas discourse is perhaps the site in the earlier Foucault where the ‘formative’ power is to be found, in the middle to late Foucault, a certain formative power belongs jointly to the operation of the norm and the arts of the self. I think it is important to remember that even here, when the subject of discourse becomes replaced in part by a self (soi) with a more subjective sense, we are not free of power, and the self in question does not simply juggle its own possibilities in a protean way. There is a limitation on the subject enforced by operative norms that becomes the condition of its artistry. And what this means is that the aesthetic and the ethical are not finally dissociable in this domain.

In the introduction to Volume II of The History of Sexuality, we learn that the self forms itself, but it forms itself within a set of formative practices that are characterized as modes of subjectivations. That the range of its possible forms is delimited in advance by such modes of subjectivation does not mean that the self fails to form itself, that the self is fully formed. On the contrary, it is compelled to form itself, but to form itself within forms that are already more or less in place. Or, one might say, it is compelled to form itself within practices that are more or less in place.

Thus, for Foucault, it is not possible to study this moral experience without understanding both the codes and the shifts that happen between and among them, and the modes of subjectivation and the shifts that happen between and among them. Foucault concedes that some kinds of morality are very code-focused, and we might actually read Discipline and Punish as such a morality. In the 13th century, he argues, European morality underwent a strong ‘juridification’ of the code, a form in which the moral code appeared as highly prescriptive. One reason he returns to the Greek and Roman context is to reemphasize the meaning of ethics as a practice of the self.

In conducting this history, he makes clear it is important not to assume a given prescription as a constant, but to ask how, “given the continuity, transfer, or modification of codes, the forms of self-relationship (and the practices of the self that were associated with them) were defined, modified, recast, and diversified” (pp. 31-32). The norm does not dictate the form of artistry that will emerge as a response to the norm, and here there is a contingent, even free, moment. The individual is “urged” to develop an ethical relation to self. And again, the individual is “summoned” to recognize himself as an ethical subject of sexual conduct. But what form will it take?

A subject does not exist who then confronts an ethical law and seeks to make itself compliant with that law. The law enters into the practices of subjectivation that form the context, the modes of possible subjectification, which in turn establish some region of the self as that to be acted on, transformed, and cultivated as the subject becomes an ethical subject. The ethical subject is not presumed, but is itself cultivated by the norm which summons the subject to recognize itself according to the norm. The norm thus makes the subject possible, and it is also the means by which the subject comes to recognize itself as an ethical subject. It is in other words both that toward which I strive and that which gives my striving the particular form that it has.

It would not be quite right to say that Foucault assumes that the subject is reflexive, that it has a specific relation to itself, and that this relation to itself is elaborated in reference to the moral precepts furnished by moral codes. The subject develops this relation to itself only in response to the ‘summons’ delivered to it by an ethical code or norm.

The subject is bound to have some relation to itself, a reflexive relation, but the form that this relation takes will depend fundamentally on the practices of subjectivation within which it is formed.

And that we will not be able to understand the ethical experience if we are not ready to ask what kinds of self-production are made possible by a given set of codes, and how those very codes only achieve a certain kind of meaning once they are understood as embedded in and actualized by these practices of the self.

What becomes interesting here is how discourse reemerges in the midst of this ethical and artistic practice of the self. For it will be the case that the subject seeks to recognize itself in terms of the norms that condition and constrain subjectivation. It comes to interpret itself in light of this norm, and to measure itself against that ideal. And this ideal and norm will be, invariably, discursively elaborated: here is the term, the sign which you must approximate, the one that will allow you to be known, the one that will allow you to know and, indeed, experience yourself as a self. You will be nothing without this sign of the subject that allows you to be, but it would be a mistake to think that therefore you are nothing without this sign. That the code must be approximated and negotiated presumes that it is not fixed or determining, but it does remain the necessary condition for the formation of the subject that follows.

I am sorry not to be able to answer your question about Deleuze. I worry that a certain metaphysical hopefulness takes the place of the analysis of power. So perhaps I will stay here, worrying the relation between power and discourse a bit longer.

William Connolly: In For Love of Country: Debating the Limits of Patriotism, Martha Nussbaum presents (what I would call) a single-entry model of universalism to address cross-cultural relations. She advances a thick conception of the universal to guide judgments and actions across cultures. In that book you respond both by refusing to eschew the universal and by engaging it in a more complex and ambivalent way. Too confident a deployment of universalism can inadvertently devalue, exclude or discipline differences that have not yet been placed on the register of the universal, while a refusal to invoke the universal altogether forfeits a resource minority constituencies need to press ethico-political claims upon dominant constituencies. There are good historical reasons for concern here. Kant’s portrayal of non-Christian cultures in the context of his universalism provides one example of how universalism can foster imperialism in the name of compassion and inclusion. There are numerous others. Nussbaum, however, passed by an opportunity to define the issues and sharpen the options on that occasion. In this section I will pursue the opportunity she forfeited.

Let me review the argument in “Universality in Culture.” You begin by conceding it would be a “great consolation” to “return to a ready-made universal perspective.” But the problem is that “‘the universal’ proves to be culturally variable, and the specific cultural articulations of the universal work against its claim to a transcultural status.” In response to this dilemma you call upon us to appreciate the value of the universal as “a contested term.” For to accept a particular consolidation of the universal as final is to run the risk of further entrenching (as universal) cultural particularities that impose unnecessary suffering upon particular constituencies or upon features of all of us. Conceptions of race, sexuality, gender, morality or religious truth culturally coded into the operative universal at a particular historical moment have often turned out at later moments to appear unjust. What is to be done?

The general idea is to appreciate the possibility that new political movements might seize the language of the universal, put themselves inside it, and through insistent and creative action modify the terms of the universal in surprising ways. The insurgents “set into motion a ‘performative contradiction’: claiming to be covered by that universal, they thereby expose the contradictory character of previous conventional formulations of the universal.” There is a temporal gap between the received reading of the universal prior to insurgency and that reading adopted after an insurgent movement has extended its frontier. So you might be said to adopt a double-entry orientation to the universal to improve upon the single-entry approach adopted by so many moralists. But this double-entry model might be read in two distinct ways. One might say, according to one reading, that the insurgents actually do identify a performative contradiction in the conventional enactment of the operative universal and, partly by the pressure of that exposure, promote the possibility of an expanded futural universal. The language I used in the first paragraph is most consonant with such a reading. Or you might say that they act as if there were such a performative contradiction and through the creativity of their action (and the responsiveness of strategic figures in the majority) eventually add a new element to the operative universal. Let us call the first reading “dialectical” and the second “enactive.” The enactive account is suggested when you speak of a “universality that has not yet arrived, one for which we have no ready concept, one whose articulations will only follow, if they do, from a contestation of universality at its already imagined borders.” But even here, one could try to press the interpretation into a temporal dialectic, by treating the modification of the universal as enactive when the event is taking place and a dialectical logic of historical advance after it has become consolidated.

Do you resist placing your complex thinking about the universal within a dialectical logic? Is there something in your double-entry orientation to the universal that must eschew any conception of logic as sufficient to it? On the other hand, if you do adopt an enactive account, or something close to it, is there something like a “regulative idea” or a protean orientation to be invoked whenever we are actually “in” that indeterminate situation where a constitutive universal is under challenge but a new dimension of the universal has not yet crossed the magical threshold of cultural consolidation? It may be that it is precisely in this open, uncertain moment you identify so effectively that the supplements offered by thinkers such as Nietzsche, Foucault and Arendt are most appropriate and timely. Foucault, for instance, cultivates a “care for that which exists and might exist”; Arendt invokes “love of the world”; and Nietzsche affirms “the abundance of life” over the actual organization of being. You might say that each of these figures bestows a certain respect upon the entitlements enabled by an operative universal — though they differ significantly in their emphases here — but that each also draws creative sustenance from another fugitive resource when they are “in” that uncertain moment in which an aspect of the operative universal is under challenge but the response to the challenge is still in question. One way of reading them is to say that they refuse the comforts of one-dimensional universalism through concern for the unnecessary injuries it may impose below the register of contemporary attentiveness, and that they turn back the (contemporary) charges of “relativism” and “strategic universalism” made against those who adopt such a refusal through appeals to such diffuse, affirmative energies. Two of these figures — Nietzsche and Foucault — may even try to cultivate a distinctive sensibility to increase the probability of a generous and exploratory response when such uncertain moments arise. Anyway, it seems to me that you too resist the reduction of your perspective to the options many single-entry universalists have prescripted for it, such as relativism, nihilism and strategic universalism. Such dismissive representations enable them to defend a simple model of the universal by negation. That is why I am tempted to call them “unconscious strategic universalists.”

Still, the terms of your resistance might be clarified further. Does your presumptive receptivity to new possibilities solicit something beyond the consolidated universal that, nonetheless, does not conform exactly to those solicitations commonly pursued within several religious and dialectical traditions? Does it provide some resources or critical assurance to those who worry that “anything goes” as soon as anyone complicates the universal? If so, is there anything to be said about it? Are Nietzsche, Arendt and Foucault unwise (or superfluous) in invoking dispositional supplements, even in the diffuse ways they do? Are Levinas and Derrida unwise in doing so in their different ways? I read you as the thinker who refines our appreciation of the paradoxical circumstances in which such dispositions become most pertinent.

My pleasure in these exchanges has been enhanced by the fact that they allow me to pose questions to you that perplex me. Let me, then, close with a final quotation from the essay in question, one that speaks to the issues addressed above:

[T]he extension of universality through the act of translation takes place when one is excluded from the universal, and yet belongs to it nevertheless…That translation is not the simple entry of the deauthorized into the authorized, whereby the former term simply alters its status and the latter domain simply makes room for what it has unwittingly failed to accommodate…The kind of translation that exposes the alterity within the norm (an alterity without which the norm would not assume its borders and ‘know’ its limits), exposes the failure of the norm to effect the universal reach for which it stands, exposes what we might underscore as the promising ambivalence of the norm.

Judith Buter: This is a very wide-ranging and important question, and there is no way that I can do justice to its complexity in my response. In fact, its very complexity suggests a number of impasses into which the discourse on universality has fallen. Although I do not believe these impasses are final or even “structural,” I do think they constitute serious sites of intransigence, and I am not sure that I know how best to try and move them.

In the first part of your question, you ask which of two readings of my position I would accept. According to the first, a performative contradicted is identified at the core of the convention of universality. According to the second, the performative contradiction is enacted by those who conjecture a form in which the universal might be rewrought to include them. Perhaps this is an Hegelian impulse, but I would like to take a moment to consider what matters might look like if both readings were true. According to the first, a given conventional formulation of universality is exclusionary: it acts as if it were universal, but the very limits to universality that it presumes and posits give the lie to its substantive claim. Thus, we might say that the conventional formulation of universality in this instance is a conjecture, takes place in the mode of as if, but proves to be substantially false by virtue of the kinds of positions it fails to include within its purview. This insurgent who seeks to identify the performative contradiction or, indeed, to bring it into being identifies precisely this moment in which two forms of spectrality can occur: first, the universality that claims the status of truth turns out to be both conjectural and limited, and so becomes a spectral instance of its own claim. Second, those who fail to be included by the universal are still “subjects,” but they exist in a spectral zone, an ontologically suspended zone, to the extent that they lack authorization as human by the conventions of universality that set limits on that term. What proves promising for critique is that, depending on the perspective by which this situation is viewed, one of the other terms appears as irreal, and so no stability is achieved. One might say that this very vacillation between spectral attributions (universality is irreal or the ‘subjects’ excluded by its terms are irreal) shows the differential distribution of ontologizing effects, and provides a space, an interval, for an intervention that seeks to show the unstable truth at issue in the scene. Those who enact the performative contradiction, weighing in on the side of the excluded, positing their ontological effects, not only deepen the impression of the exclusionary universality’s spectrality, but enact an allegory, as it were, of those performative acts by which ontological effects are achieved within the field of politics.

So, I would answer your very thought-provoking question by suggesting that the performative contradiction is ‘in and of’ the convention of universality at issue, but that it is brought into the fore, even driven into crisis, by the acts which exploit the vacillating ontological effects of the convention and build the ontology of the excluded in the process.

I think it would not make sense for me to say that I resist the dialectics. I do resist the claim that dialectics leads to teleological closure. I believe that much of the French reception of Hegel opened up the possibility of a Hegel without closure. I believe we see this version most eloquently presented in Jean-Luc Nancy’s work, but it can be traced to Hyppolite’s reading of the Logic as well. I suppose I resist as well the notion that the dialectic can only and always rehabilitate binary oppositions. It is necessary to understand how certain oppositions spawn a field of possibilities. But to the extent that field has its limit, and there is an ‘outside’ to that limit, there is a new dialectical problem brewing.

Whatever new dimension of universality emerges from the exposure of the limits of the old will not be a dimension built into universality, part of its inherent plan which is simply waiting for those conditions of crisis that provoke its further unfolding. I think that the forms of what waits ahead are unknowable, and cannot be derived, even retrospectively, from an already established plan. So, in this sense I would insist that what comes of certain dialectical crises is ‘the new,’ a field of possibility which is not the same as an order of possibility. I think many people recoil from this possibility, fearing that the new which is not predictable will lead to a full-scale nihilism. And it is, in a way, a risky moment in politics. What the new form of universality brings will not be necessarily good or desirable, and the politics of judgment will be brought to bear on what arrives. But it is equally true that nothing good or desirable will arrive without the new. The distinction seems to me to be very important.

So how does one live in that risk? You describe the ‘dispositional supplements’ of Nietzsche, Arendt, and Foucault. These are no doubt useful in establishing an orientation toward the universality yet to come. And this orientation is no doubt related to what Foucault called “critique,” which is an art and an attitude that interrogates the limits of what is knowable. I would add: it is an art which interrogates the limits of what is knowable now. Critique, Foucault claims, derives from the Enlightenment and poses the question, “do you know up to what point you can know? Reason as much as you want, but do you really know up to what point you can reason without it becoming dangerous?” And is there any way to think the limits without undergoing that danger? And for a political reflection on the future of universality, is there any way for this question that I have just posed to be anything other than open?

jb on braidotti butch desire sexual d

Braidotti argues that sexual difference is often rejected by theoriests because femininity is itself associated with a pejorative understanding of tis meaning. She dislikes this pejorative use of the term, but thinks that the term itself can be releaased into a different future.  … But is it fair to say that those who oppose this framework therefore demean or debase femininty …. If is fair to say that those who do not subscribe to this framework are therefore against the feminine, or even misogynist?  It seems to me that the future symbolic will be one in which femininity has multiple possibilities, where it is, as Braidotti herself claims, released from the demand to be one thing, or to comply with a singular norm, the norm devised for it by phallogocentric means.

But must the framework for thinking about sexual difference be binary for this feminine multiplicity to emerge? Why can’t the framework for sexual difference itself move beyond binarity into multiplicity? (196-197)

Butch Desire

There may be women who love women, who even love what we might call “femininity,” but who cannot find a way to understand their own love through the category of women or as a permutation of femininity.  Butch desire may, … be experienced as part of “women’s desire,” but it can also be experienced, that is, named and interpreted, as a kind of masculinity, one that is not to be found in men.  There are many ways of approaching this issue of desire and gender.  We could immediately blame the butch community, and say that they/we are simply antifeminine or that we have disavowed a primary femininity, but then we would be left with the quandary that for the most part (but not exclusively) butches are deeply, if not fatally, attracted to the feminine and, in this sense, love the feminine.

We could say, extending Braidotti’s frame of reference, that this negative judgement of butch desire is an example of what happens when the feminine is defined too narrowly as an instrument of phallogocentrism, namely, that the full range of possible femininity is not encompassed within its terms, and that butch desire ought properly to be described as another permutation of feminine desire. This last view seeks a more open account of femininity, one that goes against the grain of the phallogocentric version.  … But if there is masculinity at work in butch desire, that is, if that is the name through which that desire comes to make sense, then why shy away from the fact that there may be ways that masculinity emerges in women, and that feminine and masculine do not belong to differently sexed bodies? Why shouldn’t it be that we are at an edge of sexual difference for which the language of sexual difference might not suffice, and that this follows, in a way, from an understanding of the body as constituted by, and constituting, multiple forces?  If this particular construction of desire exceeds the binary frame, or confounds its terms, why could it not be an instance of the multiple play of forces that Braidotti accepts on other occasions? (197-198).

I just think that heterosexuality doesn’t belong exclusively to heterosexuals. Moreover, heterosexual practices are not the same as heterosexual norms; heterosexual normativity worries me and becomes the occasion of my critique.  No doubt, practicing heterosexuals have all kinds of critical and comedic perspectives on heterosexual normativity.  On the occasions where I have sought to elucidate a heterosexual melancholia, that is, a refulsal of homosexual attachment that emerges within heterosexuality as the consolidation of gender norms (“I am a woman, therefore I do not want one”), I am trying to show how a prohibition on certain forms of love becomes installed as an ontological truth about the subject: The “am” of “I am a man” encodes the prohibition “I may not love a man,” so that the ontological claim carries the force of prohibition itself.  This only happens, however, under conditions of melancholia, and it does not mean that all heterosexuality is structured in this way or that there cannot be plain “indifference” to the question of homosexuality on the part of some heterosexuals rather than unconscious repudiation … Neither do I mean to suggest that I support a developmental model in which first and foremost there is homosexual love, and then that love becomes repressed, and then heterosexuality emerges as a consequence.  I do find it interesting, though, that this account would seem to follow from Freud’s own postulates.

I firmly support Braidotti’s view, for instance, that a child is always in love with a mother whose desire is directed elsewhere, and that this triangulation makes sense as the condition of the desiring subject.  If this is her formulation of oedipalization, then neither of us rejects oedipalization, although she will not read oedipalization through the lack, and I will incorporate prohibition in my account of compulsory heterosexuality.  It is only according to the model that posits heterosexual disposition in the child as a given, that it makes sense to ask, as Freud asked in The Three Essays on the Theory of Sexuality, how heterosexuality is accomplished.  In other words, only within the thesis of a primary heterosexuaity does the question of a prior homosexuality emerge, since there will have to be some account given of how heterosexuality becomes established.  My critical engagement with these developmental schemes has been to show how the theory of heterosexual dispositions presupposes what would defeat it, namely a preheterosexual erotic history from which it emerges.  If there is a triangularity that we call oedipalization, it emerges only on the basis of a set of prohibitions or constraints.  Although I accept that triangularity is no doubt a condition of desire, I also have trouble accepting it.  The trouble is no doubt a sign of its working, since it is what introduces difficulty into desire, psychoanalytically considered (199-200).

What interests me most however, is disarticulating oedipalization from the thesis of a primary or universalized heterosexuality (200).

critchley yo

How might we motivate an ethical subject to commit to a conception of the good

Jay Bernstein and me: motivational deficit, secular liberal democratic institutions suck, and demotivate

An ethics that motivate people to acts of political resistance

DEMAND: a demand that I approve, this begins to shape my ethical subjectivity.

fidelity to a demand that cannot be fulfilled.

divides subjectivity: a ‘dividual’  demand to which it responds and inability to be an equal to that demand, excess of demand over approval.

one can never attain the autarchy of self-mastery

comically ridiculous:

What’s the link between conscience and political action?

neo-anarchism: Seattle protests, anti-war, protests against G-8 in Germany, horizontal aggregation of a collective will by disperse groups, forging of a new language of civil disobedience

non-violence: Peace can be warlike without being violent

ne0 leninists:virile heroic figure

politics of powerlessness, refusal of violence, creative non-violence.

thomas paine deep democracy, pneumatic anarchism

Interstitial distance: creation of spaces of distance from state, Marx’s true democracy, inidigenous rights movements.  Courtney Young, rise of Indigenous Rights Movement in Mexico

creation of new political actor, “indigenous” at a distance from the state.

Appeal to Universality

Infinite Responsibility: provide the glue to think of ethical subject, infinitely demanding, ethical subject, experience of fidelity, what differentiates contemporary anarchist practices turns on freedom and responsibility: 1960 non-repressive sublimation the joy of sex, this is pseudo-liberatarianism of which contemporary Anarchists are critical – ethical outrage of yawning poverty and disenfranchisement, visceral experience of deep democratization

what ties together the various groups? Not common set of theoretical doctrines, a shared sense of grievance and wrong, war is wrong etc.  contemporary anarchism is closer to Levinas than Marcuse, opens me to the other’s infinite demand.

hetero-affectivity: infinite ethical demand

Kant Hegel

Hegel on Kant:

On a Hegelian view, the dilemma at the heart of the Kantian project takes the following form: how can I be subject to a law of which I am the author, given that I can only be legitimately subject to such a law because of the governing principle of autonomy. Hegel shows how this Kantian dilemma requires an intersubjective solution, namely that it is necessary to show, firstly that reason is social, and secondly, that the sociality of reason unfolds historically and cannot be reduced to the formal decision procedure of the Kantian categorical imperative or the solitary activity of the Fichtean ego.

Tada: The conservative Kantian in response to the ethical demand, in order to respond sees the ethical response as reflection of his moral autonomy and rationality, in other words, it doesn’t split her into two, doesn’t cause him any psychic imbalance, doesn’t really peturb him or her in the least, because, the ethical response is a moral categorical imperative, it is a reflection of the subject’s own inner reason.

Critichley wants to argue that things are not so ‘neat and tidy’.

It is this moment of incomprehensibility in ethics that interests me, where the subject is faced with a demand that does not correspond to its autonomy: in this situation, I am not the equal of the demand that is placed on me.  … ethics is obliged to acknowledge a moment of rebellious heteronomy that troubles the sovereignty of autonomy (37).

motivational deficit ethical subject

Critchley, Simon.  notes from a talk he gave.

Disappointment: the condition of the world in which we live is pretty grim, a state of war, what might justice be in a violently unjust world? It is this question that provokes the need for an ETHICS.

The main task of this book is responding to that need by offering a theory of ethical experience and subjectivity that will lead to an infinitely demanding ethics of commitment and politics of resistance (3)

active nihilsm, passive nihilism: American Buddhism, contemplative withdrawal where one faces the meaningless chaos of the world with eyes wide shut

Motivational Deficit

where citizens experience the governmental norms that rule contemporary society as externally binding buty not internally compelling, there is a motivational deficit at the heart of secular liberal democracy

Each of these forms of nihilsim express a deep truth: identification of a motivational deficit at the heart of liberal democracy, we are basically indifferent and then fall into active or passive nihilism.

What is required, in my view, is a conception of ethics that begins by accepting the motivational deficit in the institutions of liberal democracy, but without embracing either passive or active nihilism … What is lacking at the present time of massive political disappointment is a motivating, empowering conception of ethics that can face and face down the drift of the present, an ethics that is able to respond to and resist the political situation in which we find ourselves. This brings me to my initial question: if we are going to stand a chance of constructing an ethics that empowers subjects to political action, a motivating ethics, we require some sort of answer to what I see as the basic question of morality. It is to this that I would now like to turn (8).

Ethics of commitment and political resistance

A subject is the name for the way in which a self binds itself to some conception of the good and shapes its subjectivity in relation to that good (10).

Ethics is anarchic meta-politics, it is the continual questioning from below of any attempt to impose order from above. On this view, politics is the creation of interstitial distance within the state, the invention of new political subjectivities. Politics, I argue, cannot be confined to the activity of government that maintains order, pacification and security while constantly aiming at consensus. On the contrary, politics is the manifestation of dissensus, the cultivation of an anarchic multiplicity that calls into question the authority and legitimacy of the state. It is in relation to such a multiplicity that we may begin to restore some dignity to the dreadfully devalued discourse of democracy (13).

Divided Self

Guilt is the affect that produces a certain splitting or division in the subject … This experience of self-division is … the sting of bad conscience … the phenomenon of guilty conscience reveals — negatively — the fundamentally moral articulation of the self. Namely, that ethical subjectivity is not just an aspect or dimension of subjective life, it is rather the fundamental feature of what we think of as a self, the repository of our deepest commitments and values (23).

Humour

super-ego is the cause of suffering

instead, we should find oneself ridiculous, learn to laugh at ourselves, “a super-ego which does not lacerate the ego, but speaks to it words of unsentimental consolation. this is a positive super-ego that liberates and elevates by allowing the ego to find itself ridiculous 83.

‘Super-ego II’ is the child that has become the parent: wiser, wittier and slightly wizened. It is the super-ego that saves the human being from tragic hubris, from the Promethean fantasy of believing oneself omnipotent, autarkic and authentic, and it does this through humour

It is indeed true, as Nietzsche would claim, that withoiut the experience of sublimation, conscinece cruelly vivisects thh subject, it pulls us apart. This is why we require the less heroic but possibly more tragic form of sublimation that I have tried to describe in this chapter (87).


Market Meltdown 101: Richard Wolff on Economic History from Amherst Wire on Vimeo.

precarious ch. 3 new power

This new configuration of power requires a new theoretical framework, or, at least, a revision of the models for thinking power that we already have at our disposal. The fact of extra-legal power is not new, but the mechanism by which it achieves its goals under present circumstances is singular. Indeed, it may be that this singularity consists in the way the “present circumstance” is transformed in a reality indefinitely extended into the future, controlling not only the lives of prisoners and the fate of constitutional and international law, but also the very ways in which the future may or may not be thought (92).

How then finally are we to understand this extra-legal operation of power? (92)

What we have before us now is the deployment of sovereignty as a tactic, a tactic that produces its own effectivity as its aim. Sovereignty becomes that instrument of power by which law is either used tactically or suspended, populations are monitored, detained, regulated, inspected, interrogated, rendered uniform in their actions, fully ritualized and exposed to control and regulation in their daily lives. The prison presents the managerial tactics of governmentality in an extreme mode. And whereas we expect the prison to be tied to law—to trial, to punishment, to the rights of prisoners— we see presently an effort to produce a secondary judicial system and a sphere of non-legal detention that effectively produces the prison itself as an extra-legal sphere (97).

Finally it seems important to recognize the one way of “managing” a population is to constitute them as the less than human without entitlement to rights, as the humanly unrecognizable. This is different from producing a subject who is compliant with the law; and it is different from the production of the subject who takes the norm of humanness to be its constitutive principle.

The subject who is no subject is neither alive nor dead, neither fully constituted as a subject nor fully deconstituted in death. “Managing” a population is thus not only a process through which regulatory power produces a set of subjects. It is also the process of their de-subjectivation, one with enormous political and legal consequences (98).

… I am [interested] in the place of law in the articulation of an international conception of rights and oblligations that limit and condition claims of state sovereignty … I am further interested in elaborating an account of power that will produce effective sites of intervention in the dehumanizing effects of the new war prison…. I think that a new internationalism must nevertheless strive for the rights of the stateless, and for forms of self-determination that do not resolve into capricious and cynical forms of state sovereignty. There are advantages to coneiving power in such a way that it is not centred in the nation-state, but conceived, rather, to oeprate as well through non-state institutions and discourses, since the points of intervention have proliferated, and the aim of politics is not only or merely the overthrow of the state. A broader set of tactics are opened up by the field of governmentality, including those discourses that shape and deform what we mean by “the human.”

I am in favor of self-determination as long as we understand that no “self,” including no national subject, exists apart from an international socius. A mode of self-determination for any given people, regardless of current state status, is not the same as the extra-legal exercise of sovereignty for the purposes of suspending rights at random. As a result, there can be no legitimate exercise of self-determination that is not conditioned and limited by an international conception of human rights that provides the obligatory framework for state action. I am, for instance, in favor of Palestinian self-determination, and even Palestinian statehood, but that process would have to take place supported by, and limited by, international human rights (Precarious: 98-99).

… Even the US’s call for an international coalition after those events [Sept 11] was one that presumed that the US would set the terms, lead the way, determine the criterion for membership, and lead its allies. This is a form of sovereignty that seeks to absorb and instrumentalize an international coalition, rather than submit to a self-limiting practice by virtue of its international obligations. Similarly, Palestinian self-determination will be secured as a right only if there is an international consensus that there are rights to be enforced in the face of a bloated and violent exercise of sovereign prerogative on the part of Israel. My fear is that the indefinite detainment of prisoners on Guantanamo, for whom no rights of appeal will be possible within federal courts, will become a model for the branding and management of so-called terrorists in various global sites where no rights of appeal to international rights and to international courts will be presumed. If this extension of lawless and illegitimate power takes place, we will see the resurgence of a violent and self-aggrandizing state sovereignty at the expense of any commitment to global co-operation that might suport and radically redistribute rights of recognition governing who may be treated according to standards that ought to govern the treatment of humans. We have yet to become human, it seems, and now that prospect seems even more radically imperiled, if not, for the time being, indefinitely foreclosed (100).

precarious life ch. 3 to be human

When the very human status of those who are imprisoned is called into question, it is a sign that we have made use of a certain parochial frame for understanding the human, and failed to expand our conception of human rights to include those whose values may well test the limits of our own …

If we assume that everyone who is human goes to war like us, and that this is part of what makes them recognizably human, or that the violence we commit is violence that falls within the realm of the recognizably human, but the violence that others commit is unrecognizable as human activity, then we make use of a limited and limiting cultural frame to understand what it is to be human. This is no reason to dismiss the term “human,” but only a reason to ask how it works, what it forecloses, and what it sometimes opens up. To be human implies many things, one of which is that we are the kinds of beings who must live in a world where clashes of value do and will occur, and that these clashes are a sign of what a human community is. How we handle those conflicts will also be a sign of our humanness, one that is importantly, in the making. Whether or not we continue to enforce a universal conception of human rights at moments of outrage and incomprehension, precisely when we think that others have taken themselves ot of the human community as we know it, is a test of our very humanity.

We make a mistake, therefore, if we take a single definition of the human, or a single model of rationality, to be the defining feature of the human, and then extrapolate from that established understanding of the human to all of its various cultural forms.

That direction will lead us to wonder whether some humans who do not exemplify reason and violence in the way defined by our definition are still human, or whether they are unique (Hastert), or really bad people (Cheney) presenting us with a limit case of the human, one in relation to which we have so far failed.

To come up against what functions, for some, as a limit case of the human is a challenge to rethink the human. And the task to rethink the human is part of the democratic trajectory of an evolving human rights jurisprudence.

It should not be surprising to find that there are racial and ethnic frames by which the recognizably human is currently constituted. One critical operation of any democratic culture is to contest these frames, to allow a set of dissonant and overlapping frames to come into view, to take up the challenges of cultural translation, especially those that emerge when we find ourselves living in proximity with those whose beliefs and values challenge our own at very fundamental levels. More crucially, it is not that “we” have a common idea of what is human, for Americans are constituted by many traditions, including Islam in various forms, so any radically democratic self-understanding will have to come to terms with the heterogeneity of human values. This is not a relativism that undermines universal claims; it is the condition by which a concrete and expansive conception of the human will be articulated, the way in which parochial and implicitly racially and religiously bound conceptions of human will be made to yield to a wider conception of how we consider who we are as a global community.

We do not yet understand all these ways, and in this sense human rights law has yet to understand the full meaning of the human. It is, we might say, an ongoing task of human rights to reconceive the human when it finds that its putative universality does not have universal reach (Precarious: 89-91).

The question of who will be treated humanely presupposes that we have first settled the question of who does and does not count as a human. And this is where the debate about Western civilization and Islam is not merely or only an academic debate, a misbegotten pursuit of Orientalism by the likes of Bernard Lewis and Samuel Huntington who regularly produce monolithic accounts of the East, contrasting the values of Islam with the values of Western civilization. In this sense, civilization is a term that works against an expansive conception of the human, one that has no place in a internationalism that takes the universality of rights seriously. The term and the practice of civilization work to produce the human differentially by offering a culturally limited norm for what the human is supposed to be.

It is not just that some humans are treated as humans, and others are dehumanized; it is rather that dehumanization becomes the condition for the production of the human to the extent that a “Western” civilization defines itself over and against a population understood as, by definition, illegitimate, if not dubiously human (91).

A spurious notion of civilization proves the measure by which the human is defined at the same time that field of would-be humans, the spectrally human, the deconstituted, are maintained and detained, made to live and die within the extra-human and extra-juridical sphere of life.

precarious life ch. 3 indefinite detention

In the name of a security alert and national emergency, the law is effectively suspended in both its national and international forms. And with the suspension of law comes a new exercise of state sovereignty, one that not only takes place outside the law, but through an elaboration of administrative bureaucracies in which officials now not only decide who will be tried, and who will be detained, but also have ultimate say over whether someone may be detained indefinitely or not. With the publication of the new regulations, the US gov’t holds that a number of detainees at Guantanamo will not be given trials at all, but detained indefinitely. What sort of legal innovation is the notion of indefinite detention? (51)

  • And what does it say about the contemporary formation and extension of state power?

Indefinite detention not only carries implications for when and where law will be suspended but for determining the limit and scope of legal jurisdiction itself. Both of these, in turn, carry implications for the extension and self-justificatory procedures of state-sovereignty (Precarious 51).

I would like to suggest that the current configuration of state power, in relation both to the management of populations (the hallmark of governmentality) and the exercise of sovereignty in the acts that suspend and limit the jurisdiction of law itself, are reconfigured in terms of the new war prison (53).

I hope to show how procedures of governmentality, which are irreducible to law, are invoked to extend and fortify forms of sovereignty that are equally irreducible to law. Neither is necessarily grounded in law, and neither deploys legal tactics exclusively in the the field of their respective operations. The suspension of the rule of law allows for the convergence of governmentality and sovereignty; sovereignty is exercised in the act of suspension, but also in the self-allocation of legal prerogative; governmentality denotes an operation of administration power that is extra-legal, even as it can and does return to law as a field of tactical operations. The state is neither identified with the acts of sovereignty nor with the field of governmentality, and yet both act in the name of the state. Law itself is either suspended, or regarded as an instrument that the state may use in the service of constraining and monitoring a given population; the state is not subject to the rule of law, but law can be suspended or deployed tactically and partially to suit the requirements of a state that seeks more and more to allocate sovereign power to its executive and administrative powers. The law is suspended in the name of the “sovereignty” of the nation, where “sovereignty” denotes the task of any state to preserve and protect its own territoriality. By this act of suspending the law, the state is further disarticulated into a set of administrative powers that are, to some extent, outside the apparatus of the state itself; and the forms of sovereignty resurrected in its midst markthe persistence of forms of sovereign political power for the executive that precede the emergence of the state in its modern form (Precarious, 55-56).

It is of course, tempting to say that something called the “state”, imagined as a powerful unity, makes use of the field of governmentality to reintroduce and reinstate its own forms of sovereignty. This description doubtless misdescribes the situation, however, since governmentality designates a field of political power in which tactics and aims have become diffuse, and in which political power fails to take on a unitary and causal form. But my point is that precisely because our historical situation is marked by governmentality, and this implies, to a certain degree, a loss of sovereignty, that loss is compensated though the resurgence of sovereignty within the field of governmentality. Petty sovereigns abound, reigning in the midst of bureaucratic army institutions mobilized by aims and tactics of power they do not inaugurate or fully control. And yet such figures are delegated with the power to render unilateral decisions, accountable to no law and without any legitimate authority. The resurrected sovereignty is thus not the sovereignty of unified power under the conditions of legitimacy, the form of power that guarantees the representative status of political institutions. It is, rather, a lawless a prerogatory power, a “rogue” power par excellence (Precarious, 56).

The state in this sense, then, augments its own power in at least two ways. In the context of military tribunals … The executive branch in tandem with its military administration not only decides whether or not a detainee wills tand trial, but appoints the tribunal, reviews teh process, and maintains final say over matters of guilt, innocence, and punishment, i ncluding the death penalty. .. The decision to detain someone indefinitely is not made by executive review, but by a set of administrators who are given broad policy guidelines within which to act. Neither the decision to detain nor the decision to activate the military tribunal is grounded in law (58).

The one who makes this decision assumes a lawless and yet fully effective form of power with the consequence not only of depriving an incarcerated human being of the possibility of a trial, in clear defiance of international law, but of investing the governmental bureaucrat with an extraordinary power over life and death. Those who decide on whether someone will be detained, and continue to be detained, are government officials, not elected ones, and not members of the judiciary. They are, rather, part of the apparatus of governmentality; their decision, the power they wield to “deem” someone dangerous and constitute them effectively as such, is a sovereign power, a ghostly and forceful resurgence of sovereignty in the midst of governmentality (59).

My own view is that a contemporary version of sovereignty, animated by an aggressive nostaligia that seeks to do away with the separation of powers, is produced at the moment of this withdrawal, and we have to consider the act of suspending the law as a performative one which brings a contemporary configuration of sovereignty into being, or, more precisely, reanimates a spectral sovereignty within the field of governmentality. The states produces, through the act of withdrawal, a law that is no law, a court that is no court, a process that is no process (62).

Sovereignty consists now in the variable application, contortion, and suspension of the law; it is, in its current form, a relation to law: exploitative, instrumental, disdainful, preemptory, arbitrary (83).

One might conclude with a strong argument that gov’t policy ought to follow established law. And in a way, that is part of what I am calling for. But there is also a problem with the law, since it leaves open the possibility of its own retraction,and, in the case of the Geneva Convention, extends “universal” rights only to those imprisoned combatants who belong to “recognizable” nation-states, but not to all people. Recognizable nation-states are those that are already signatories to the convention itself. This means that stateless peoples or those who belong to states that are emergent or “rogue” or generally unrecognized lack all protections. The Geneva Convention is, in part, a civilizational discourse, and it nowhere asserts an entitlement to protection against degradation and violence and rights to a fair trial as universal rights. Other international covenants surely do, and many human rights organizations have argued that the GC can and ought to be read to apply universally. The notion of “universality” embeddd in that document (GC) is restrictive in its reach: it counts as subjects worthy of protection only those who belong already to nation-states recognizable within its terms. … By clearly privileging those prisoners from wars between recognizable states, it leaves the stateless unprotected, and it leaves those from non-recognized polities without recourse to its entitlements (87).

Excitable Speech

Vicki Kirby. JB: Live Theory. 2006. Continuum

Language is not a mere instrument or tool in this account, a technology used to different effects by a sovereign subject who controls it. The complication here is that if we ourselves are an effect of language then the complexity of its ontology resonates with our own constitution (88).

There is a life a discourse that exceeds the subject’s own temporality (92).

In Excitable Speech Butler specifically interrogates the act of hate speech because although great suffering can be attributed to these injurious acts she disputes the juridical model of power which informs campaigns to stop it. … Butler’s point here is that ‘the sovereign conceit’ which installs a causal equivalence between the speaker’s intention to wound, the actual representation of hate and the impact felt by the victim shows little appreciation of the problematic nature of communication. Further to this, this style of analysis inadvertently constitutes the victim of hate speech as a powerless object of the act, a passive recipient of injury whose incapacity renders them totally vulnerable. Lacking agency, the subject’s only hope of protection is that the state will exercise its power to prohibit and police such acts (94).

From Butler’s 1999 interview with Vicki Bell:

I think there are all kinds of reasons to stop a person when they speak such things [racist and homophobic speech]… I think that’s important. But I think a politics that begins and ends with that policing function is a mistake, because for me the question is how is that person, as it were, renewing and reinvigorating racist rituals of speech, and how do we think about those particular rituals and how do we exploit their ritual function in order to undermine it in a more thorough-going way, rather than just stopping it as it’s spoken. What would it mean to restage it, take it, do something else with the ritual so that its revivability as a speech act is really seriously called into question? (Butler and Bell 1999, 166)

… her intention is to destabilize correspondence theories of language and to complicate what is actually meant by this notion of ‘discursive constitution’.

An important consideration for Butler is that the outcome of language is always threatened by incoherence, contingency and ambiguity, for it involves an intricate web of dispersed causality where the presumed integrity of authorship and authority, meaning and intention, are ‘spoken through’ by convention. This means that discursive convention is not a static structure but one which ‘suffer[s] destructuration through being reiterated, repeated, and rearticulated’. With this in mind, Butler asks, ‘[m]ight the speech act of hate speech be understood as less efficacious, more prone to innovation and subversion, if we were to take into account the temporal life of the “structure” it is said to enunciate? (Butler from Excitable, quoted in Kirby 2006, 95)

illocutionary act (performative utterance) language that performs an action as it is said.
“speech acts that in saying do what they say, and do it in the moment of that saying”. The illocutionary speech act is itself the deed that it effects

“I bet” when said to a casino employee, or “I do” when said in a marriage ceremony to a future spouse, respectively constitute the fact of bettting and marrying. The actual practice of language can here be described as truth producing.

… if I am a heterosexual man standing in front of a registrar in a Register Office and I utter the words ‘I do’ in answer to the question, ‘Do you take this woman to be your wife?’, then I am actually performing the action by making the utterance: statements like these are called performative utterances or illocutionary acts. ‘To name the ship is to say (in the appropriate circumstances) the words “I name &c.” When I say, before the registrar or altar &c., “I do”, I am not reporting on a marriage, I am indulging in it’ (Austin 1955: 6) (Salih 2002. p 88).

perlocutionary act (constative utterance) language that describes the world
“speech acts that produce certain effects as their consequence; by saying something, a certain effect follows.” The perlocutionary merely leads to certain effects that are not the same as the speech act itself.

In Bodies That Matter Butler once again draws from these lectures on linguistics, How To Do Things With Words. Austin distinguishes between two types of utterances, those that describe or report on something, and those that, in saying, actually perform what is being said.

Austin calls constative utterances, might be the statement, ‘It’s a sunny day’, or ‘I went shopping’ (Austin also calls these perlocutionary acts); by saying ‘I went shopping’, I am not doing it, I am merely reporting an occurrence.

opacity to myself

Butler, Judith. Giving an Account of Oneself. New York: Fordham UP, 2005.  Print.

[…] we might consider a certain post-Hegelian reading of the scene of recognition in which precisely my own opacity to myself occasions my capacity to confer a certain kind of recognition on others.  It would be, perhaps, an ethics based on our shared, invariable, and partial blindness about ourselves (41).

The recognition that one is, at every turn, not quite the same as how one presents oneself in the available discourse might imply, in turn, a certain patience with others that would suspend the demand that they be selfsame at every moment.  Suspending the demand for self-identity or, more particularly, for complete coherence seems to me to counter a certain ethical violence, which demands that we manifest and maintain self-identity at all times and require that others do the same (41-2).

The means by which subject constitution occurs is not the same as the narrative form the reconstruction of that constitution attempts to provide (69).

So what is the role of language in constituting the subject? And what different role does it assume when it seeks to recuperate or reconstitute the conditions of its own constitution?

The infant enters the world given over from the start to a language and to a series of signs, broadly construed, that begin to structure an already operative mode of receptivity and demand.  From this primary experience of having been given over from the start, an “I” subsequently emerges.  And the “I,” regardless of its claims to mastery, will never get over having been given over from the start in this way (77).

This mode of relationality, definitionally blind, makes us vulnerable to betrayal and to error. We could wish ourselves to be wholly perspicacious beings.  But that would be to disavow infancy, dependency, relationality, primary impressionability; it would be the wish to eradicate all the active and structuring traces of our psychological formations and to swell in the pretense of being fully knowing self-possessed adults. Indeed, we would be the kind of beings who, by definition, could not be in love, blind and blinded, vulnerable to devastation, subject to enthrallment. If we were to respond to injury by claiming we had a “right” not to be so treated, we would be treating the other’s love as an entitlement rather than a gift.  Being a gift, it carries the insuperable quality of gratuitousness.  It is, in Adorno’s language, a gift given from freedom (102).

Giving Account JB again

The dyadic exchange refers to a set of norms that exceed the perspectives of those engaged in the struggle for recognition (29).

The possibility of an ethical response to the face thus requires normativity of the visual field: there is already not only an epistemological frame within which the face appears but an operation of power as well, since only by virtue of certain kinds of anthropocentric positions and cultural frames will a given face seem to be a human face to any of us. After all, under what conditions do some individuals acquire a face, a legible and visible face, and other do not? There is a language that frames the encounter, and embedded in that language is a set of norms concerning what will and will not constitute recognizability (29-30).

My account of myself is partial, haunted by that for which I can devise no definitive story. I cannot explain exactly why I have emerged this way, and my efforts at narrative reconstruction are always undergoing revision. There is that in me and of me for which I can give no account. But does this mean that I am not, in the moral sense, accountable for who I am and for what I do? If I find that, despite my best efforts, a certain opacity persists and I cannot make myself fully accountable to you, is this ethical failure? Or is it a failure that gives rise to another ethical disposition in the place of a full and satisfying notion of narrative accountability? Is there in this affirmation of partial transparency a possibility for acknowledging a relationality that binds me more deeply to language and to you than I previously knew? And is the relationality that conditions and blinds this “self” not, precisely, an indispensable resource for ethics (40).

Giving an Account

JB. Giving an Account of Oneself. Fordham UP. 2005 This book is a collection of lectures given in 2002.

The context is not exterior to the question; it conditions the form that the question will take. In this sense, the questions that characterize moral inquiry are formulated or stylized by the historical conditions that prompt them (6).

Yet there is no “I” that can fully stand apart from the social conditions of its emergence, no “I” that is not implicated in a set of conditioning moral norms, which, being norms, have a social character that exceeds a purely personal or idiosyncratic meaning.

The “I” does not stand apart from the prevailing matrix of ethical norms and conflicting moral frameworks. In an important sense, this matrix is also the condition for the emergence of the “I,” even though the “I” is not causally induced by those norms. We cannot conclude that the “I” is simply the effect of the instrument of some prior ethos of some field of conflicting or discontinuous norms. When the “I” seeks to give an account of itself, it can start with itself, but it will find that this self is already implicated in a social temporality that exceeds its own capacities for narration; indeed, when the “I” seeks to give an account of itself, an account that must include the conditions of its own emergence, it must, as a matter of necessity, become a social theorist (7).

The reason for this is that the “I” has no story of its own that is not also the story of a relation —or set of relations— to a set of norms. Although many contemporary critics worry that this means there is no concept of the subject that can serve as the ground for moral agency and moral accountability, that conclusion does not follow. The “I” is always to some extent dispossessed by the social conditions of its emergence. This dispossession does not mean that we have lost the subjective ground for ethics. On the contrary, it may well be the condition of moral inquiry, the condition under which morality itself emerges. If the “I” is not at one with moral norms, this means only that the subject must deliberate upon these norms and that part of deliberation will entail a critical understanding of their social genesis and meaning. In this sense, ethical deliberation is bound up with the operation of critique. And critique finds that it cannot go forward without a consideration of how the deliberating subject comes into being and how a deliberating subject might actually live or appropriate a set of norms. (8)

[…] norms also decide in advance who will and will not become a subject … Did he consider the operation of norms in the very constitution of the subject, in the stylization of its ontology and in the establishing of a legitimate site with the realm of social ontology (9).

Even if morality supplies a set of norms that produce a subject in his or her intelligibility, it also remains a set of norms and rules that a subject most negotiate in a living and reflective way (10).

JB on Nietzsche: The institution of law compels an originally aggressive human to turn that aggression “inward,” to craft an inner world composed of a guilty conscience and to vent that aggression against oneself in the name of morality. 14

JB distancing herself from what she said in The Psychic Life of Power on page 15

JB’s Foucautian take on things: There is no making of oneself (poiesis) outside of a mode of subjectivation (assujettisement) and, hence, no self-making outside of the norms that orchestrate the possible forms that a subject may take. The practice of critique then exposes the limits of the historical scheme of things, the epistemological and ontological horizon within which subjects come to be at all. To make oneself in such a way that one exposes those limits is precisely to engage in an aesthetics of the self that maintains a critical relation to existing norms (17).