Jenny Bernstein

Theodor Adorno's Aesthetic Theory offers one of the most powerful and comprehensive critiques of art and of the discipline of aesthetics ever written. The work offers a deeply critical engagement with the history and philosophy of aesthetics and with the traditions of European art through the middle of the 20th century. It is coupled with ambitious claims about what aesthetic theory ought to be. But the cultural horizon of Adorno's Aesthetic Theory was the world of high modernism, and much has happened since then both in theory and in practice. Adorno's powerful vision of aesthetics calls for reconsideration in this light. Must his work be defended, updated, resisted, or simply left behind? This volume gathers new essays by leading philosophers, critics, and theorists writing in the wake of Adorno in order to address these questions. They hold in common a deep respect for the power of Adorno's aesthetic critique and a concern for the future of aesthetic theory in response to recent developments in aesthetics and its contexts.

In “The Philosophical Disenfranchisement of Art,” Arthur Danto argues that there were two stages to the platonic critique of the arts: ephemeralization and takeover. Danto's philosophy of art sought a rescue by detaching art from the philosophy of art in a manner that would give back to the arts the very dangerousness that so alarmed Plato in the first instance. This chapter draws Danto's theory into conversation with Stanley Cavell's and T.W. Adorno's philosophies of modernism. Ugliness or terribleness is constitutive of how these artworks mean to sustain the acts of visual attention they invite. Art can only fail to demonstrate the authority of art's own forms and modes of claiming because being mere art is the historical mechanism of art's continuing disenfranchisement, which explains why one school of the intractable avant‐garde sought the immediate re‐unification of art with everyday practice in order to end art.

In the Preface to Negative Dialectics, Adorno states that the primary ambition of the book is to find a substitute for the “supra‐ordinated” concept and to “break through the deception of constitutive subjectivity.” For a book whose ambition is to renew the Marxist idea of critique, these are puzzling claims. The notions to be criticized are Kant's in The Critique of Pure Reason ; Adorno, from his earliest studies with Siegfried Kracauer, had taken Kant's theoretical philosophy as expressing the deepest conceptual and normative commitments of capital. This chapter attempts to specify what the expressive relation between idealist conceptuality and capital is; why Adorno took the transcendental unity of apperception to express a society that was unconscious about itself; and precisely how negative dialectics is throughout key to a critique of Kant's philosophy.

Public health law research reveals significant complexities underlying the use of law as an effective tool to improve health outcomes across populations. The challenges of applying public health law in practice are no easier. Attorneys, public health officials, and diverse partners in the public and private sectors collaborate on the front lines to forge pathways to advance population health through law. Meeting this objective amidst competing interests requires strong practice skills to shift through sensitive and sometimes urgent calls for action to address known threats to the health of individuals and the community. It also necessitates objective, timely information and national and regional legal support.

Since its inception in September 2010, the Network for Public Health Law has responded to hundreds of public health legal technical assistance claims from around the country. Based on a review of these data, a series of major trends in public health practice and the law are analyzed, including issues concerning: the Affordable Care Act, tobacco control, emergency legal preparedness, health information privacy, food policy, vaccination, drug overdose prevention, sports injury law, public health accreditation, and maternal breastfeeding. These and other emerging themes in public health law demonstrate the essential role of law and practice in advancing the public's health

Following the lead of Annette Baier, this essay argues that trust relations provide the ethical substance of everyday living. When A trusts B, A unreflectively allows B to approach sufficiently close so as to be able to harm A. In order for this to be possible, A practically presupposes that B perceives A as a person and will hence act accordingly. Trust relations are relations of mutual recognition in which we acknowledge our mutual standing and vulnerability with respect to one another. A robust account of trust assumes: first, trust relations are primary and practical, and while monitored by reason, they are not rationally constituted; second, trust can sustain its practical primacy over moral reason because it is developmentally prior to reason; and third, trust relations can be the bearers of our worth and vulnerability because they are the developmental products of first love.

Let me begin with a wisp of political history. According to the Earl of Clarendon, in 1639 the king’s “three kingdoms [were] flourishing in entire peace and universal plenty.”1 Yet by 1642 civil war had broken out, and in 1649 the king was beheaded. What had caused this breakdown of civil and political order, a breakdown that was not localized in England but, in fact, rife throughout Europe—1648 like 1848 was a year of revolutions? Clarendon himself is less than acute on the matter, opting generally for a conspiracy theory in which the traitorous plots of ill men were the cause of the rebellion. In his book Behemoth —whose title stands for the Long Parliament, which sat in session from 1640 until the surviving ..

It is the persistence of social suffering in a world in which it could be eliminated that for Adorno is the source of the need for critical reflection, for philosophy. Philosophy continues and gains its cultural place because an as yet unbridgeable abyss separates the social potential for the relief of unnecessary human suffering and its emphatic continuance. Philosophy now is the culturally bound repository for the systematic acknowledgement and articulation of the meaning of the expanse of human suffering within technologically advanced societies that are already committed to liberal ideals of freedom and equality.

In this unflinching look at the experience of suffering and one of its greatest manifestations—torture—J.M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining what is suffered in torture and related transgressions, such as rape, Bernstein elaborates a powerful new conception of moral injury. Crucially, he shows, moral injury always involves an injury to the status of an individual as a person—it is a violent assault against his or her dignity. Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience.

Deleuze's philosophy of cinema departs from the standard conception of modernist aesthetics that sees art withdrawing from representation in order to reflect upon the specificity of its medium. While ambitious and influential, Deleuze's attempt fails. Overdetermined by its own metaphysics, it forsakes the real importance of the movies. It is unable to explain how they function and why they matter. This essay pursues three lines of criticism: Deleuze cannot account for the aesthetic specificity of cinema because he deposes the primacy of action in the movement-image in favour of the primacy of belief. This failure is connected to the fact that a cinema of the virtual depends on the very Bazinian realism it is meant to displace. Realism must be acknowledged as the cinematic condition and truth of virtuality. Further, Bazinian realism is the cinematic form of philosophical modernism, preferable for many reasons to Deleuze's philosophy, which returns to pre-modern cosmology in its desire to escape the agent-based, anti-metaphysical commitments of modernism. I apply these criticisms to my analysis of Resnais's Hiroshima mon amour, a movie that prima facie looks made to fulfil the terms of Deleuze's theory but which I argue is an object lesson in realism.

Adorno contends that something of what we think of knowing and rational agency operate in ways that obscure and deform unique, singular presentations by relegating them to survival-driven interests and needs; hence, in accordance with the presumptions of transcendental idealism, we have come to mistake what are, in effect, historically contingent, species-subjective ways of viewing the world for an objective understanding of the world. And further, this interested understanding of the world is deforming in a more radical way than just obscuring what is there for the sake of interested needs and purposes; these instrumental ways of knowing and acting, are broadly self-interested, in the interest of survival, without effective concern for the well-being and worth of others; by becoming generalized and exclusive, hegemonic, by driving out modes of encountering things and persons that support their differences and independence, their needs and interests, these instrumental practices are the deepest cause of t.

This 2002 volume brings together major works by German thinkers, writing just prior to and after Kant, who were enormously influential in this crucial period of aesthetics. These texts include the first translation into English of Schiller's Kallias Letters and Moritz's On the Artistic Imitation of the Beautiful, together with translations of some of Hölderlin's most important theoretical writings and works by Hamann, Lessing, Novalis and Schlegel. In a philosophical introduction J. M. Bernstein traces the development of aesthetics from its still rationalist and mimetic construction in Lessing, through the optimistic construal of art and/or beauty as the appearance of human freedom in the work of Schiller, to Hölderlin's darker vision of art as the memory of a lost unity, and the variations of that theme - of an impossible striving after the lost ideal - which are found in the work of Schlegel and Novalis.