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Thinking judgment in relation to the work of Jean-François Lyotard

“How to judge—Jean-François Lyotard?” It is from this initial question that one of France’s most heralded philosophers of the twentieth century begins his essay on the origin of the law, of judgment, and the work of his colleague Jean-François Lyotard. If Jacques Derrida begins with the term préjugés, it is in part because of its impossibility to be rendered properly in other languages and also contain all its meanings: to pre-judge, to judge before judging, to hold prejudices, to know “how to judge,” and more still, to be already prejudged oneself. 

Striving to contain that which comes before the law, that is in front of the law and also prior to it, how to judge Jean-François Lyotard then becomes perhaps a beneficial attempt for Derrida to explore humanity’s rapport with judgment, origins, and naming. For how does one come to judge the author of the Differend? How does one abstain from judgment to accept the term préjugés as suspending judgment and at once as taking into account the impossibility of speaking before the law, prior to naming or judging? If this task indeed seems insurmountable, it is the site where Lyotard’s work itself is played out. Hence this sincere and intriguing essay presented by Jacques Derrida, published here for the first time in English.

In a remarkable instance of literary and philosophical interpretation, the incomparable Gilles Deleuze reads Marcel Proust’s work as a narrative of an apprenticeship—more precisely, the apprenticeship of a man of letters. Considering the search to be one directed by an experience of signs, in which the protagonist learns to interpret and decode the kinds and types of symbols that surround him, Deleuze conducts us on a corollary search—one that leads to a new understanding of the signs that constitute A la recherche du temps perdu.

In Richard Howard’s graceful translation, augmented with an essay that Deleuze added to a later French edition, Proust and Signs is the complete English version of this work. Admired as an imaginative and innovative study of Proust and as one of Deleuze’s more accessible works, Proust and Signs stands as the writer’s most sustained attempt to understand and explain the work of art. 

The Old Regime and the Revolution is Alexis de Tocqueville's great meditation on the origins and meanings of the French Revolution. One of the most profound and influential studies of this pivotal event, it remains a relevant and stimulating discussion of the problem of preserving individual and political freedom in the modern world. Alan Kahan's translation provides a faithful, readable rendering of Tocqueville's last masterpiece, and includes notes and variants which reveal Tocqueville's sources and include excerpts from his drafts and revisions. The introduction by France's most eminent scholars of Tocqueville and the French Revolution, Françoise Mélonio and the late François Furet, provides a brilliant analysis of the work.

This is a new English translation of St. Thomas Aquinas’s Treatise on Law, found in Questions 90–108 of the First Part of the Second Part of the Summa Theologiae. In fact, it is the only free-standing English translation of the entire Treatise, which includes both a general account of law (Questions 90–92) and also specific treatments of what St. Thomas identifies as the five kinds of law: the eternal law (Question 93), the natural law (Question 94), human law (Questions 95–97), the Old Law (Questions 98–105), and the New Law (Questions 106–108). All other extant editions of Treatise on Law stop with the human law, and are thus approximately one-third the size of the full Treatise.
 St. Thomas’s account of law is firmly embedded within a general moral theory that begins with a rich conception of human flourishing, i.e., the good for human beings (Questions 1–5). This good consists, first and foremost, in our ultimate and intimate union with the Persons of the Blessed Trinity – a union that in our present state we can grasp intellectively and pursue affectively only with God’s supernatural assistance. It is within this framework that we order our loves and pursue the more proximate goals they open up to us as human beings in this life. Given the appropriate goals, the next question is how we can get from where we are, in the grips of the consequences of Original Sin, to where we want to be. The answer is: by means of (a) human actions that are good, i.e., rightly ordered toward our ultimate end and (b) the habits that these actions either engender or flow from. In analyzing human actions (Questions 6–21) and their relation to the passions (Questions 22–48), St. Thomas gives a general account of what he calls the ‘intrinsic principles’ of human actions and their associated habits – both virtues (Questions 49–70) and vices (Questions 71–89). It is only then that he turns to what he calls the ‘extrinsic principles’ of good human actions, viz., law (Questions 90–108) and grace (Questions 109–114).
 According to St. Thomas, law, far from supplanting virtue as a basic principle of action, serves as an independent principle of action that complements virtue and is itself capable of being factored into practical deliberation. The reason is that all of God’s
precepts, prohibitions, and punishments are aimed at promoting the good of the whole universe and, more particularly, the good for human beings, both individually and within the various forms of social life. Because of this, law serves as both a restraint on bad actions and a spur to good action, i.e., a restraint on actions that take us away from virtue and genuine human flourishing and a spur to actions that promote virtue and flourishing.
 There are many benefits of having the whole treatise rather than just the first few questions, as has been the standard practice in previous editions of the Treatise on Law. To mention just a few of these benefits, the question on the moral precepts of the Old Law (question 100) helps to illuminate in many different ways the earlier questions on natural law and human law (questions 94–97). Again, the questions on the ceremonial and judicial precepts of the Old Law (questions 101–105) demon-strate in depth the symbiotic relationship that St. Thomas takes to obtain between the Old Testament and the New Testament. The questions on the New Law provide an introduction to the Christian way of life that will be described in incomparable detail in the Second Part of the Second Part, the bulk of which is structured around the treatment of the three theological virtues and the four cardinal virtues.