How are we to conceive of acts that suddenly expose the injustice of the prevailing order? These acts challenge long-standing hidden or silently tolerated injustices, but as they are unsupported by existing ethical rules they pose a drastic challenge to dominant norms. In Excessive Subjectivity, Dominik Finkelde rereads the tradition of German idealism and finds in it the potential for transformative acts that are capable of revolutionizing the social order. Finkelde's discussion of the meaning and structure of the ethical act meticulously engages thinkers typically treated as opposed—Kant, Hegel, and Lacan—to develop the concept of excessive subjectivity, which is characterized by nonconformist acts that reshape the contours of ethical life. For Kant, the subject is defined by the ethical acts she performs. Hegel interprets Kant's categorical imperative as the ability of an individual's conscience to exceed the existing state of affairs. Lacan emphasizes the transgressive force of unconscious desire on the ethical agent. Through these thinkers Finkelde develops a radical ethics for contemporary times. Integrating perspectives from both analytical and continental philosophy, Excessive Subjectivity is a distinctive contribution to our understanding of the ethical subject.

In The Excessive Subject: A New Theory of Social Change, Molly Anne Rothenberg uncovers an innovative theory of social change implicit in the writings of radical social theorists, such as Pierre Bourdieu, Michel de Certeau, Judith Butler, Ernesto Laclau, and Slavoj ?i?ek. Through case studies of these writers' work, Rothenberg illuminates how this new theory calls into question currently accepted views of social practices, subject formation, democratic interaction, hegemony, political solidarity, revolutionary acts, and the ethics of alterity. Finding a common dissatisfaction with the dominant paradigms of social structures in the authors she discusses, Rothenberg goes on to show that each of these thinkers makes use of Lacan's investigations of the causality of subjectivity in an effort to find an alternative paradigm. Labeling this paradigm 'extimate causality', Rothenberg demonstrates how it produces a nondeterminacy, so that every subject bears some excess; paradoxically, this excess is what structures the social field itself. Whilst other theories of social change, subject formation, and political alliance invariably conceive of the elimination of this excess as necessary to their projects, the theory of extimate causality makes clear that it is ineradicable. To imagine otherwise is to be held hostage to a politics of fantasy. As she examines the importance as well as the limitations of theories that put extimate causality to work, Rothenberg reveals how the excess of the subject promises a new theory of social change. By bringing these prominent thinkers together for the first time in one volume, this landmark text will be sure to ignite debate among scholars in the field, as well as being an indispensable tool for students.

This practical resource includes perspectives from the point ofview of both plaintiff and defendant for cases involving questionsof race, gender, disability, and age. In addition, it offers anoverview of the process by which complaints are filed, the statutesunder which they are filed, and the authority represented byvarious case law. Employment Discrimination Litigation willilluminate myriad issues such as Daubert motions, classcertification issues, the setting of cut scores that will withstandchallenge, common statistical analyses of adverse impact, andmerit-based issues. Employment Discrimination Litigationalso Presents a temporal description of a typical employmentdiscrimination case from start to finish Outlines the major guidelines that are often invoked inemployment litigation—the A.P.A. Standards, UniformGuidelines, and SIOP Principles Reviews litigation related to the Fair Labor Standards Act References written judicial opinions that relate the activitiesand devices most often employed by industrial and organizationalpsychologists

A history of legal emotions in William Blackstone’s England and their relationship to justice William Blackstone’s masterpiece, Commentaries on the Laws of England (1765–1769), famously took the “ungodly jumble” of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called “the immutable laws of good and evil.” Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone’s work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.

This book gathers a set of reflections on the gift of beauty and the passion of being. There is something surprising about beauty that we receive and that moves the passion of being in us. The book takes issue with an ambiguous attitude to beauty among some who proclaim their advanced aesthetic authenticity. Beauty seems bland and lacks the more visceral thrill of the ugly, indeed the excremental. We crave what disrupts and provokes us, not what gives delight or even consoles. By contrast, attention is given to how beauty arouses enigmatic joy in us, and we enjoy an elemental rapport with it as other. Surprised by beauty, our breath is taken away, but we are more truly there with the beautiful when we are taken outside of ourselves. We are first receivers of the gift of surprise and only then perceivers and conceivers. My attention to the passion of being stresses a patience, a receptivity to what is other. What happens is not first our construction. There is something given, something awakening, something delighting, something energizing, something of invitation to transcendence. The theme is amplified in diverse reflections: on life and its transient beauty; on soul music and its relation to self; on the shine on things given in creation; on beauty and Schopenhauer's dark origin; on creativity and the dynamis in Paul Weiss's creative ventures; on redemption in Romanticism in the thought of Stanley Cavell; on theater as a between or metaxu; on redeeming laughter and its connection with the passion of being.

Long regarded as a powerful means to seek individual damages against a corporate defendant, class actions have become a staple of the U.S. litigation system. In recent years, however, several highly significant Supreme Court decisions have weakened the commonality claims of defendants, particularly in workplace discrimination actions. In light of this background, the trends and prospects of employment class actions were the theme of the 56th annual proceedings of the prestigious New York University Conference on Labor, held in May 2003. This important volume reprints the papers presented at that conference, as well as some additional contributions. Among the considerable expertise brought to bear on this controversial subject, readers will find insightful analysis of such issues as the following: Effect of class actions on losing companies; Importance of class actions to Title VII enforcement; Obstacles to class litigation; Compliance and internal enforcement challenges for large employers; Opt-in vs. opt-out alternatives for class members; Value and effectiveness of pattern or practice test cases; Legal limits of group identity; Shifting of the burden of proof; Authority of arbitrators to proceed on a class wide basis; and Countering statistical claims of expert witnesses. Because class actions are based on tension - that between commonality and individuation - they tend to accumulate precedent along a spectrum from disconnected disparity to meaningful resolution. In this deeply informed and thought-provoking book, lawyers and academics concerned with both the interests of employers and of employees will proceed with increased awareness as they work on reconciling the practical and theoretical constraints of class litigation.

The end of Stalinist Russia, China's change under Deng Xiaoping and the publication of previously unexplored documents of Marx in the MEGA2 opened a new epoch in the analysis of Marx. Marx's Discourse With Hegel is both a product and contribution to this rebirth of Marxism by its reformulation of the relationship between Hegel and Marx