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Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers in Germany today. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility of the law becoming self-reflectively aware of its own violence. The volume contains responses by María del Rosario Acosta López, Daniel Loick, Alessandro Ferrara, Ben Morgan, Andreas Fischer-Lescano and Alexander García Düttmann. It concludes with Menke's reply to his critics.

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The book aims at a new exposition of the basic idea of modern aesthetics by way of a reconstruction of its genesis in the 18th century, between Baumgarten’s Aesthetics and Kant’s Critique of Judgment. The claim is that the historical invention of aesthetics was not about expanding the range of legitimate objects of philosophical inquiry—these objects all existed before aesthetics. Rather, aesthetics, by introducing the category of the “aesthetic,” fundamentally redefined these objects. But most importantly, the reconstruction of the historical genesis of aesthetics shows that the introduction of the category of the “aesthetic” required nothing less than a transformation of the fundamental terms of philosophy. What begins in—or as—aesthetics is modern philosophy. More precisely, Force shows that in—or as—aesthetics modern philosophy began twice, in two different, even opposite forms. On the one hand, Baumgarten’s Aesthetics is organized around the new concept of the “subject”: the concept of the subject as the totality of faculties, as the agent defined by his capabilities; of the subject as one who is able. By conceiving sensible cognition and (re)presentation as the exercise of subjective faculties acquired in practice, Baumgarten has framed the modern conception of human practices (and of philosophy as the inquiry into the conditions that enable the success of these practices). That is why aesthetics, the reflection upon the aesthetic, is a central pillar of modern philosophy: in aesthetics, the philosophy of the subject or of the subject’s faculties assures itself of its own possibility. Yet here, in the aesthetic and the reflection on it, the aesthetics “in the Baumgartian manner” (Herder), as the theory of the sensible faculties of the subject, at once faces a different aesthetics: the aesthetics of force, which conceives the aesthetic not as sensible cognition but instead as a play of expression—propelled by a force that, rather than being exercised, like a faculty, in practices, realizes itself; a force that does not recognize or represent anything because it is “obscure” and unconscious; a force not of the subject but of man as distinct from the same man as subject. The aesthetics of force is a science of the nature of man: of his aesthetic nature as distinct from the culture, acquired by practice, of his practices. That is the hypothesis the six chapters of Force intend to unfold. The first chapter, analyzing the rationalist concept of the sensible, recollects the point of departure of aesthetics: the sensible is that which is without determinable definition or measure. The second chapter reconstructs Baumgarten’s aesthetics of sensible cognition as a theory of the subject and its faculties. The third and fourth chapters draw on writings by Herder, Sulzer, and Mendelssohn to develop the basic motifs of a counter-model, an aesthetics of force: the aesthetic, as the operation of an “obscure” force, is a performance without generality, divorced from all norm, law, and purpose—a play. And the aesthetic, as the pleasure of self-reflection, is a process of the transformation of the subject, of its faculties and practices—a process of aestheticization. The aesthetics of force founds an anthropology of difference: between force and faculty, between man and subject. The two concluding chapters explore the consequences: for the idea of philosophical aesthetics; and for ethics as the theory of the good. The fifth chapter engages Kant to show that an aesthetics conceived as an aesthetics of force is the scene of an irresolvable contention: aesthetics unfolds within philosophy the contention between philosophy and aesthetic experience. The sixth chapter draws on Nietzsche to demonstrate the ethical import of aesthetic experience as the experience of the play of force: it teaches us to distinguish between action and life; it teaches the other good of life. – “The last word of aesthetics is human freedom.”

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Modern political revolutions since the 18th century have swept away traditional systems of domination by declaring that ‘all men are created equal’. This declaration of equal rights is a fundamental political act – it is the political act in which the political community creates itself in relation to traditional systems of domination. But because it was generally assumed that the subject of these rights is the individual human being, the political community was subordinated to the individual. Marx discerned, rightly, that this was the paradox at the heart of the declaration of the rights of man. But while Marx was right to highlight this paradox, his proposed solution does not provide us with a sound basis for overcoming it. In this major new work, Christoph Menke adopts a different approach: he argues that we can address and overcome this paradox only by embarking on a fundamental inquiry into the nature of rights. Rights are a specific configuration of normativity: to have a right is to have a justified and binding claim. But with the equal rights declared by modern revolutions, rights assumed a particular form: the normative claim to equality was combined with an assumption about the factual conditions of social life. In this conception, society is the realm of private individuals pursuing their interests, and private interests are therefore seen as the natural basis for politics – what Menke calls ‘the naturalization of the social’. By laying bare this conception which lies at the basis of political literalism and modern law, Menke is able to criticize and move beyond it, opening up a new way of understanding rights that no longer involves the disempowering of the political community. This radical critique of rights and of modern law is a major contribution to critical theory and legal theory and it will be of great interest to students and scholars in social and political theory, philosophy and law.

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The book aims at a new exposition of the basic idea of modern aesthetics by way of a reconstruction of its genesis in the 18th century, between Baumgarten’s Aesthetics and Kant’s Critique of Judgment. The claim is that the historical invention of aesthetics was not about expanding the range of legitimate objects of philosophical inquiry—these objects all existed before aesthetics. Rather, aesthetics, by introducing the category of the “aesthetic,” fundamentally redefined these objects. But most importantly, the reconstruction of the historical genesis of aesthetics shows that the introduction of the category of the “aesthetic” required nothing less than a transformation of the fundamental terms of philosophy. What begins in—or as—aesthetics is modern philosophy. More precisely, Force shows that in—or as—aesthetics modern philosophy began twice, in two different, even opposite forms. On the one hand, Baumgarten’s Aesthetics is organized around the new concept of the “subject”: the concept of the subject as the totality of faculties, as the agent defined by his capabilities; of the subject as one who is able. By conceiving sensible cognition and (re)presentation as the exercise of subjective faculties acquired in practice, Baumgarten has framed the modern conception of human practices (and of philosophy as the inquiry into the conditions that enable the success of these practices). That is why aesthetics, the reflection upon the aesthetic, is a central pillar of modern philosophy: in aesthetics, the philosophy of the subject or of the subject’s faculties assures itself of its own possibility. Yet here, in the aesthetic and the reflection on it, the aesthetics “in the Baumgartian manner” (Herder), as the theory of the sensible faculties of the subject, at once faces a different aesthetics: the aesthetics of force, which conceives the aesthetic not as sensible cognition but instead as a play of expression—propelled by a force that, rather than being exercised, like a faculty, in practices, realizes itself; a force that does not recognize or represent anything because it is “obscure” and unconscious; a force not of the subject but of man as distinct from the same man as subject. The aesthetics of force is a science of the nature of man: of his aesthetic nature as distinct from the culture, acquired by practice, of his practices. That is the hypothesis the six chapters of Force intend to unfold. The first chapter, analyzing the rationalist concept of the sensible, recollects the point of departure of aesthetics: the sensible is that which is without determinable definition or measure. The second chapter reconstructs Baumgarten’s aesthetics of sensible cognition as a theory of the subject and its faculties. The third and fourth chapters draw on writings by Herder, Sulzer, and Mendelssohn to develop the basic motifs of a counter-model, an aesthetics of force: the aesthetic, as the operation of an “obscure” force, is a performance without generality, divorced from all norm, law, and purpose—a play. And the aesthetic, as the pleasure of self-reflection, is a process of the transformation of the subject, of its faculties and practices—a process of aestheticization. The aesthetics of force founds an anthropology of difference: between force and faculty, between man and subject. The two concluding chapters explore the consequences: for the idea of philosophical aesthetics; and for ethics as the theory of the good. The fifth chapter engages Kant to show that an aesthetics conceived as an aesthetics of force is the scene of an irresolvable contention: aesthetics unfolds within philosophy the contention between philosophy and aesthetic experience. The sixth chapter draws on Nietzsche to demonstrate the ethical import of aesthetic experience as the experience of the play of force: it teaches us to distinguish between action and life; it teaches the other good of life. – “The last word of aesthetics is human freedom.”

Read more less

Modern political revolutions since the 18th century have swept away traditional systems of domination by declaring that ‘all men are created equal’. This declaration of equal rights is a fundamental political act – it is the political act in which the political community creates itself in relation to traditional systems of domination. But because it was generally assumed that the subject of these rights is the individual human being, the political community was subordinated to the individual. Marx discerned, rightly, that this was the paradox at the heart of the declaration of the rights of man. But while Marx was right to highlight this paradox, his proposed solution does not provide us with a sound basis for overcoming it. In this major new work, Christoph Menke adopts a different approach: he argues that we can address and overcome this paradox only by embarking on a fundamental inquiry into the nature of rights. Rights are a specific configuration of normativity: to have a right is to have a justified and binding claim. But with the equal rights declared by modern revolutions, rights assumed a particular form: the normative claim to equality was combined with an assumption about the factual conditions of social life. In this conception, society is the realm of private individuals pursuing their interests, and private interests are therefore seen as the natural basis for politics – what Menke calls ‘the naturalization of the social’. By laying bare this conception which lies at the basis of political literalism and modern law, Menke is able to criticize and move beyond it, opening up a new way of understanding rights that no longer involves the disempowering of the political community. This radical critique of rights and of modern law is a major contribution to critical theory and legal theory and it will be of great interest to students and scholars in social and political theory, philosophy and law.

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This book brings a new perspective—mainly out of German intellectual discussions rooted in Hegel—to bear on the problems of equality as discussed in Anglo-American conceptions of liberalism. Menke argues that the idea of equality is at the heart of political modernity. At the same time, political modernity is characterized by an attitude of critical reflection on the notion of equality in view of its consequences for the lives of individuals. This book explores the sources and legitimacy as well as the limitations and problems of this attitude toward equality in the work of such thinkers as Adorno, Habermas, Derrida, Hegel, Luhmann, Nietzsche, Rawls, and Schmitt. Looking at key texts in modern political philosophy, the author develops the claim that there is a basic and irreconcilable conflict in justice: between general demands of equality and attention to the individual. In a debate with contemporary Anglo-American liberal philosophy’s concepts of rights, the political process is thereby understood as an interminable strife and negotation between equality and individuality.

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