This chapter contains sections titled: The Varieties of Law and Literature Law and Fiction Hermeneutics Law as Narrative References.

The political shift toward an economic liberalism in many developed market economies, emphasizing the importance of the marketplace rather than government intervention in the economy and society (Dorman, Systematic Occupational Health and Safety Management: Perspectives on an International Development, 2000; Tombs, Policy and Practice in Health and Safety 3(1): 24-25, 2005; Walters, Policy and Practice in Health and Safety 03(2):3-19, 2005), featured a prominent discourse centered on the need for business flexibility and competitiveness in a global economy (Dorman, 2000; (...) Tombs, 2005). Alongside these developments was an increasing pressure for corporate social responsibility (CSR). The business case for CSR - that corporations would benefit from voluntarily being socially responsible — was increasingly promoted by governments and corporations as part of the justification for self-regulation. The aim of the article is to examine more closely the proposition that self-regulation is effective, with particular reference to the business case for workplace equality and safety. Based on a comprehensive literature review and documentary analysis, it was found that current predominant management discourse and practice focusing on diversity and safety management systems (OHSMS) resonate well with a government and corporate preference for the business case and self-regulation. However, the centrality of individual rather than organizational factors in diversity and OHSMS means that systemic discrimination and inherent workplace hazards are downplayed, making it less likely that employers will initiate structural remedies needed for real change. Thus, reliance on the business case in the argument for self-regulation is problematic. In terms of government policy and management practice, the business case needs to be supplemented by strong, proactive legislation, and worker involvement. (shrink)

What does it mean that understanding is the primary mode of human being in the world? How can new symbols refigure human temporal possibilities and narrative understandings? How do we interpret life, and what can be claimed as "truth"? These and related questions are explored by a collection of distinguished scholars from a variety of disciplines in Meanings in Texts and Actions. These essays constitute a critical encounter with the philosophy of Paul Ricoeur, who - along with Hans-Georg Gadamer (...) - was largely responsible for the postwar emergence of a new hermeneutics. Having engaged in critical debates with thinkers in virtually every humanistic discipline, Ricoeur has managed to create a conversation among them, as this collection attests. Volume contributors - representatives of a range of disciplines including literary theory, theology and religious studies, comparative literature, film studies, history, political philosophy, ethics, and global studies - take up Ricoeur's questions and pose questions of their own in return. In so doing, they work toward new formulations in our thinking that address the contemporary challenges of deconstruction and postmodernism and pay particular attention to theology and its relation to humanistic culture. (shrink)

This paper discusses Wittgenstein understood the language of the dimensions of the human form of life point of view, we oppose the idea and the text is the interpretation of the relationship between the nature of the argument. Move to reposition Wittgenstein language, means the direct meaning of the moment, rather than explain, and not because of our shortage of facts and work to a standstill. The main thrust of this significance and the fact that a direct interaction between (...) the current text of the practice of continuing involvement, the text was able to express the meaning of the moment between the facts and narrative unity. In other words, Wittgenstein on the rules, customs, or life in the form of reflection, allows us to claim the author intended meaning of the text depends on the point of view, and negative with the intention of the author of a variety of relativism between the interpretation of , the transfer can be prudent to try to speculate Huan room. For example, Stanley Xu fee claim, meaning diverse, according to the interests of our interests, goals and assumptions of the "default" of the "premise" and different. But Wittgenstein's writings, pointed out that the rules in order to grasp the meaning of such person does not involve the "premise" of the argument. Is a form of life on our training the next day, and thus to control of both the immediate and direct facts and meaning. This allows us to re-confirm, indeed, does not rely on the text to explain the fact that there is, in fact and thus understand the text for further explanation for the fact that between the true distinction. Meaning and truth of the "total structure" does not eliminate the practice of interpretation, but will be classified as appropriate Field, is the world we start to go beyond the immediate text directly taken to the open practice. • We will be reading Jane Austen's "Mansfield Park", for example, to influence our thinking about changing the form of text to read way to view this view. This paper argues that a Wittgensteinian understanding of language as an integral dimension of human forms of life speaks against the view that our relationship to texts is interpretive in nature. Wittgenstein's re-orientation to language entails that meaning is immediate rather than interpretive, and that our works don't stop short of the facts. The aim of this paper is to show that the immediate mutuality of meanings and facts carries over to our textual practices so that our texts make available immediate unities of meanings and narrative facts. That is, Wittgenstein's reflections on following rules, customs or forms of life allow us to steer a careful course between the view that a text is determined by the author's intentions and a relativism of variable interpretations that results from denying the relevance of authorial intentions. For example, Stanley Fish holds that meanings vary insofar as they are "predetermined 'by our" presuppositions "-our interests, goals and assumptions. But Wittgenstein's work suggests that following rules, and hence grasping meanings, does not involve something as variable as individual" presuppositions. "Rather , our training into forms of life opens up a second-nature where grasp of both facts and meanings is immediate. This allows us to re-affirm the view that there are textual facts that do not depend on interpretation; that there is a difference between apprehending the facts of a text and going on to provide further interpretations of those facts. The 'co-constitution' of meanings and facts does not foreclose interpretive practices but allocates them to their proper sphere-as practices that we may wish to undertake in order to go beyond the initial immediate openness of the world of a text. We can test this view by considering the way our changing forms of forms affect the way we read a text such as Jane Austen's Mansfied Park. (shrink)

A polemical and reductionist critical response to Skinner and Pocock has inhibited an appreciation of the true potential of their historiographical discussions for the practice of political theories. An important step in understanding the history of political thought in its duality - as both being about acts of political discourse over time and as itself being political - is to recognize the "traditionary" nature of discursive acts. Following Pocock and Skinner, we should speak not of (...) tradition as objects carried on, but of the nature of that carrying on, that activity of handing down through language. A traditionary act involves subscription to a fairly sophisticated account of the development of a particular form of practices through time and the identification by the actor of his act as part of that development. This subscription allows us to overcome the categorical dichotomies such as history versus philosophy, autonomy of texts versus ideas as expressions of social relations, voluntarism versus determinism, and language as either restrictive or instrumental, which underlie much of the contemporary methodological dispute. (shrink)

When, on December 7, 2000, the European Parliament, the Council and the Commission proclaimed solemnly in Nice the Charter of Fundamental Rights of the European Union, many thought that European integration was practically guaranteed and that the Charter would soon be made into a binding legal text. Since then, the two attempts to enact a European consitution - the Constitutional Treaty for the European Union of 2004 and the arguably less ambitious Treaty of Lisbon of 2007 - both failed. (...) Further efforts at unification have stagnated, in part due to the 2008 economic crisis and the European Union’s inability to coordinate responses to issues as serious as immigration, the refugee crisis, and terrorism. In this paper, I examine a theoretical counterpoint to that bleak perspective for European unification, to wit, Jürgen Habermas’ eurofederalist proposal of the postnational democracy and European constitutional patriotism. (shrink)

When, on December 7, 2000, the European Parliament, the Council and the Commission proclaimed solemnly in Nice the Charter of Fundamental Rights of the European Union, many thought that European integration was practically guaranteed and that the Charter would soon be made into a binding legal text. Since then, the two attempts to enact a European consitution – the Constitutional Treaty for the European Union of 2004 and the arguably less ambitious Treaty of Lisbon of 2007 – both failed. (...) Further efforts at unification have stagnated, in part due to the 2008 economic crisis and the European Union’s inability to coordinate responses to issues as serious as immigration, the refugee crisis, and terrorism. In this paper, I examine a theoretical counterpoint to that bleak perspective for European unification, to wit, Jürgen Habermas’ eurofederalist proposal of the postnational democracy and European constitutional patriotism. (shrink)

This paper analyzes the implications that the linguistic formulation of the marriage provision of the Spanish Constitution of 1978 had for securing the passage in 2005 of Law 13/2005, which legalized same-sex marriage. By claiming that a semantic omission in the original legal text was a marker of distributiveness, SSM supporters aimed to avoid a constitutional amendment, and succeeded in doing so. This linguistic argument, based on implicitness, was instrumental as a subsidiary argument of political moral argumentation. Linguistic (...) meaning therefore contributed decisively to both the legal meaning of the marriage provision and the content of the law. I argue, against some assumptions in the literature stating otherwise, that linguistic meaning should not be dismissed in constitutional interpretation and adjudication. (shrink)

In this wide-ranging investigation of leading issues in contemporary legal and political philosophy, distinguished philosophers and legal theorists tackle issues such as the rights of animals, the role of public-policy considerations in legal reasoning, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes.

In lieu of an abstract, here is a brief excerpt of the content:TRANSCENDENTAL THOMISM AND THE THOMISTIC TEXTS JOHN F. x. KNASAS Genter for Thomistic Studies Houston, Temas SOME THIRTY YEARS ago in the journal Thought, there appeared an article by Fr. Joseph Donceel, S.J., entitled " A Thomistic Misapprehension? " Its thesis is that American Thomism had seen too much of the a posteriori in Aquinas's noetic.1 In fact the interpretation was so a posteriori that it bordered on (...) empiricism and positivism. Donceel intends to balance the American understanding of Aquinas by spotlighting various Thomistic texts that speak of an a priori contribution of the intellect to human knowledge. Donceel is merely calling attention to something that some outstanding European Thomists, e.g., Defever, Marechal, and Rahner have known for some time. Donceel's " balanced" interpretation is what is called Transcendental Thomism. In sum, the position claims that the human intellect is not so complete a tabula rasa that it fails to make an a priori contribution to the data of sensation. This contribution is the intellect's very dynamism to Infinite Being. The dynamism has a constitutive role in human experience. Swept up within this intellectual torrent, the data of sensation stand before us in consciousness as finite and limited. So " objectified " the data are disposed for the traditional abstvactive account of the specific and generic natures. After the Second Vatican Council, Thomism generally fell into disrepute among American Catholic intellectuals. Phi1 Joseph Donceel, " A Thomistic Misapprehension?" Thought, 32 (1957) : 189. 81 82 JOHN F. X. KNASAS losophy departments " pluralized." Their members represented analytic, existential, and process philosophy.2 If Thomism remained vibrant, it was in the a priori strain. Both on the philosophical and theological levels, it was at home with the pluralism tha.t marked the time.3 The current emphasis on political activism, however, ha:s caused even Transcendental Thomism to suffer an eclipse. In the heat of political struggle, Transcendental Thomism, too, appears decadent and bourgeois. The case can be made, though, that the uncovering of the intellect's a priori dynamism to the Infinite was a crucial move for liberationists. Gutierrez notes 4 that the Transcendental Thomist understanding of the human intellect posits a single finality for human nature. The traditional distinction between the temporal and eternal planes loses meaning. Human history becomes salvation history. In this way, then, Transcendental Thomism continues to exercise its influence. This paper investigates the purported Thomistic texts expressing an apriorism. The texts cited by Donceel are all found in Marechal's Cahier V.5 There MarechaI mentions many others besides. Hence, my paper will use the Marechalian collection. My treatment focuses upon the texts that are seemingly most a priori. I. A central text for Marechal is De Veritate, q.l, a.4, ad 5m (first set). Aquinas remarks: 2 See "Is a 'Catholic' Philosophy Department Possible? " by the Committee on Research (Thomas I.angan, K. I,. Schmitz, Jude P. Dougherty) of the ACPA (HJ78). 3 On Transcendental Thomism's capacity to admit a theological pluralism without falling into a relativism, see Gerald A. McCool, Catholic Theology in the Nineteenth Gent1.ry (New York: The Seab1iry Pres8, 1977), pp. 258-9. 4 Gustavo Gutierrez, A Theology of Liberation, trans. by Caridad Inda and John Eagleson (New York: Orbis Books, 1973), p. 69. 5 Oahier V is a volume in Jl.riarechal's monumenfal Le point de depart de la metaphysique. Subsequent references to Oahier V are from Donceel's substantive translation A J,[wrechal Reader (New York: Herder and Herder, 1970). TRANSCENDENTAL THOMISM AND THE TEXTS 83 The truth by which the soul passes judgment on all things is the first truth; for, just as from the truth of the divine intellect there flow into the angelic intellects those: intelligible species by which angels know all things, so does the truth of the first principles by which we judge everything proceed from the truth of the divine intellect as from its exemplary cause. Since we can judge by means of the truth of these first principles only insofar as this truth is a likeness of the first truth, we are said to judge everything according to the first truth.6 The text illustrates a " dynamic exemplarism " in Aquinas... (shrink)

SummaryAs a great deal of contemporary discussion reveals, there is an ongoing interest in determining the ethical and political relevance of Jacques Derrida's work. From standpoints deconstructive and otherwise, critics have tended to converge upon some version of a single question: What is the ethico-political significance of deconstruction? In this paper I shall aim to specify the difficulties of thus evaluating Derrida's work. The difficulties to which I refer stem largely from the inadequacy of established forms of critique (...) to evaluate the ethico-political impact of deconstruction. Rather than abandon such critique, I suggest that a close attention to what constitutes this disproportion is most productive here. Hence I shall argue that if one is to address issues of the ethical and political with regard to deconstruction, and not simply to insist from the outset on the very questioning mode which Derrida strives to interrupt, then another approach is needed. I shall propose that taking up Derrida's notion of ‘excessive’ responsibility attends not only to the main features of the Derridian problematic, but to the political and quasi-ethical aspect of his thinking. Most simply, if Derrida is successful in showing the supplementary structure of responsibility, such that responsibility can no longer be presented as an object or theme of knowledge, then it remains to explore the task of rethinking ethics and politics this initiates. (shrink)

Storm surges, flooding, heatwaves, and prolonged drought, as ever more regular features of life under deteriorating climate conditions, are unmistakably violent. Their effects on the lives of vulnerable human populations and ecosystems across the world are widely known to be devastating. Yet a legal order that denies the victims of such ecological persecution safe haven, no matter how great its use of force (e.g., detention, arrest, forced return) cannot, by definition, be violent. The power of law, used to protect (...) states’ rights to exclude from their jurisdictions growing numbers displaced involuntarily by global climate harms, in being a source of ‘legitimate right’, is never the same as violence. This article challenges the ongoing validity of this assumption. It points to some of the ways in which legal instruments are used today to deny those displaced by climatic conditions sufficient normative status to guarantee their safety. What is needed instead is a new critical normative understanding of the evolving relationship between climate change, violence, justice, and law, one that re-assesses the democratic justificatory grounds for the current positions of non-responsibility for the climate displaced whilst re-affirming such people’s legal and political status as equal co-members of the politically constituted international community of humanity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Legitimacy, Performance, and Political Realism:Response to Ben CrossJiwei Ci (bio)Ben Cross raises important issues in his article and provides a much appreciated occasion for me to join the discussion. He targets his trenchant critique at what he calls Weberian sources of legitimacy, treating my view as a distinctive variation on the Weberian account. I am not sure that the issues on which we differ are most economically (...) framed by drawing Weber so prominently into the debate. Since Cross has already framed the issues in this way, however, I think I can best contribute to the exchange by accepting his terms of reference wherever appropriate and trying to work as fruitfully as possible within them. I will respectfully not take up any of the issues raised in the fourth section of the article, because Cross's use of the notion of civic agency there is so far removed from mine as to leave little room for productive engagement.As Cross notes, Weber identifies three distinct sources of legitimacy (or three types of authority): legality, the traditional, and the charismatic. This, however, is only a typology of specific sources and an incomplete one at that, for it does not cover the two sources that I happen to find most relevant in Democracy in China.1 The teleological legitimacy much discussed in chapter 1 of my book does not come under any of Weber's ideal types and seems to constitute another, distinct ideal type. Nor is the democratic legitimacy based on popular sovereignty that is proposed in chapter 3 as an alternative to teleological legitimacy quite the same as legal authority. It is thus easy to see that—and why—I do not avail myself of what Cross calls the Weberian sources of legitimacy. As a matter of fact, I do not [End Page 149] regard Weber's tripartite classification, regardless of whether it is exhaustive, as the conceptual core of his idea of legitimacy.Cross moves closer to that core when he notes the difference between the type of motive (i.e., non-expedient) that the three Weberian sources of legitimacy are supposed to have in common and the motive of pure expediency. This difference is important because, as Weber puts it in a well-known statement quoted by Cross, "Purely material interests and calculations of advantages as the basis of solidarity between the chief and his administrative staff result, in this as in other connexions, in a relatively unstable situation." Based on Weber's concern with the lack of stability characteristic of relations of pure expediency, Cross is then able to speak of a "Weber-inspired rejection of performance legitimacy." This conclusion, if not exactly mistaken, is nevertheless reached without adequately bringing out the issues involved.Take a close look at the passage in Economy and Society from which the above quote is taken:Purely material interests and calculations of advantages as the basis of solidarity between the chief and his administrative staff result, in this as in other connexions, in a relatively unstable situation. Normally other elements, affectual and ideal, supplement such interests. In certain exceptional cases the former alone may be decisive. In everyday life these relationships, like others, are governed by custom and material calculation of advantage. But custom, personal advantage, and purely affectual or ideal motives of solidarity do not form a sufficiently reliable basis for a given domination. In addition there is normally a further element, the belief in legitimacy.2Here it becomes clear that Weber, even in emphasizing the indispensable role of belief in legitimacy, argues his case much more cautiously and subtly than Cross gives one to understand. To begin with we see Weber take the trouble to stress "purely." We then find three qualifications in a row before Weber allows himself to conclude, as an empirical observation, that "custom, personal advantage, purely affectual or ideal motives of solidarity, do not form a sufficiently reliable basis for a given domination," from which he is apparently compelled to draw the inference that "there is normally a further element, the belief in legitimacy." In an earlier section of Economy and Society Weber makes similar allowances for the empirical proximity of motives... (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

1 Introduction1 In the 1980s, hermeneutics was often incorporated into deconstructionism and literary theory. Rather than focus on authorial intentions, the nature of writing itself including codes used to construct meaning, socio-economic contexts and inequalities of power,2 Gadamer introduced a different perspective; the interplay between effects of history on a reader’s understanding and the tradition(s) handed down in writing. This interplay in which a reader’s prejudices are called into question and modified by the text in a fusion of understanding (...) and topic revitalized the study of the printed word. Gadamer’s turn to language for understanding the meaning of Being also appealed to the post-modern antipathy toward modernity and metaphysics.3 If the truth and validity of interpretations are limited to communities of language, then our mode of being in history cannot but be historical. This point of view rendered Gadamer’s phenomenological hermeneutics vulnerable to the critique of moral and epistemological relativism. However, Gadamer’s theory of interpretation also stems from re-examination of the beginning of knowledge in the Pre-Socratics and Plato, and on this basis, is receptive to another dimension of inquiry than that which was trending in North America. -/- At the East-West Center, University of Hawai’i at Manoa in 1982, Chung-ying Cheng for the first time introduced onto-hermeneutics to an audience of esteemed philosophers including Li Zehou, Ren Jiyu, Feng Youlan, and Zhang Liwen.4 In contrast to schools of deconstruction and literary theory that had disengaged the interpreter from trans-historical sources of meaning and truth, Cheng explained that interpreters exist within a cosmological order inextricable from responsibility to harmonize Heaven and Earth in creative acts of interpretation. By integrating Chinese cosmology into hermeneutics through ontology, he tacitly challenged philosophers in the West to re-examine assumptions about humanity’s place in nature and by implication, Gadamer’s recovery of the beginnings of knowledge in Western philosophy. -/- Cheng’s Neo-Confucianism is inspired by the method and goals of Thomé H. Fang. The following words by Fang seem to prefigure, although in an indistinct and bundled way, aspects of Cheng’s philosophy including a Mencian theory of human nature, comprehensive observation, and creativity: “In the very process of living in concord with creative Nature, Man is charged with an ideal to be fully realized in the light of the principle of comprehensive harmony.”5 Like Fang, Cheng reinvigorates Chinese culture and language, but not solely in order to vindicate the insights of Neo-Confucianism. He has studied Western thought, from pragmatism and the analytic school to German idealism and phenomenology, to unlock and clarify philosophical concepts within the Yijing tradition and thereby render them intelligible to Anglophones. The result has been an awakening of Western scholars to the moral and cultural consequences of decoupling their thought from metaphysical foundations that are neither dogmatic nor doctrinal. -/- Not unlike the dialectic of Gadamer’s dialogue form, onto-generative hermeneutics integrates contrary positions on the same topic in order to blend both sides into a world philosophy, or as Cheng says, a “totalizing or integrative theory,”6 not to be confused with a theoretical rewording of a theory. On the contrary, the universal scope and relevance of hermeneutics stems from personal experience. Just as Gadamer, in response to faction and strife, immersed himself in Plato during the war years, and developed a method with which to harmonize opposites, so too, according to On-cho Ng, was Cheng moved by faction, strife and political persecution to develop a path toward unity.7 Gadamer taught at McMaster University in Hamilton, Ontario, and Cheng at the University of Hawai’i at Manoa among other institutions in North America. They facilitated trans-continental educational and cultural ties. Similar experiences yield similar insights irrespective of differences of time and place. Hence, authors in this issue who reside in Europe, China and North America, delineate the differences between Gadamer and Cheng, yet also, in light of Cheng’s onto-generative method and cosmology, develop integrative theories. Due to the page-budget restriction of the publisher, certain articles of this special theme will be subsequently published in the next issue. -/- 2 Integrative Theory This special issue of The Journal of Chinese Philosophy confirms a dimension of hermeneutics that Cheng has both motivated and inspired. The contributors do not abide by the conviction that since thought is mediated by language, interpretations cannot transcend culture. On the contrary, their research exemplifies the fruits of trans-historical onto-dialogical hermeneutics within limits defined by their field inquiry, organized into Parts I and II, around three themes: language, the philosophy of history and ethics. -/- Andrew Fuyarchuk introduces the theme of ontology in relation to Gadamer’s turn to language. Fuyarchuk argues that Chung-ying Cheng’s criticism of Gadamer’s hermeneutics is informed by Heidegger’s concept of Dasein and thereby overlooks how Gadamer’s Platonic-Pythagorean problem of the division between the One and Many is harmonized in the event of language, which in turn positions Gadamer in proximity to the presupposed grounds of receptivity in Cheng’s onto-generative hermeneutics. Lauren Pfister’s contributing article addresses the year 2000 meeting between Cheng and Gadamer in Heidelberg and expands the transhistorical grounds of meaning in Gadamer to matters of theology. Pfister’s summary of the written Chinese record of their conversation indicates that Cheng does not address the role of Christian philosophy and hence, the role of the inner word in Gadamer’s hermeneutics. This is important not only for detecting changes in Cheng’s philosophical development, but also for modifying his hermeneutics along the lines of a living conversation, possibilities explored by Pfister in a sequel to the article submitted to this issue. Nevertheless, by raising the issue of how Gadamer’s turn to language for understanding the meaning of Being extends possibilities in Cheng’s thought, Pfister anticipates the article by Katarina Gajdosova. She returns to the roots of Chinese thought during the Warring States period and broadens the meaning of names in recently excavated texts. Contrary to the conventions about how to understand terms, she appeals to both Heidegger’s ontology and Cheng’s notion of receptivity and creativity to reinterpret naming in relation to cosmology. Along the same lines, insofar as the event of Being is lingual, Jay Goulding captures its emergent structure in an evolving community of scholars and scholarship. He recalls his philosophical journey toward Cheng’s philosophy that begins in conversations with Gadamer at McMaster University in Hamilton, leads to Heidegger and Asian thought, expands into turning points with teachers and colleagues from various backgrounds that by increments contributed to Goulding’s formulation of “Daoist phenomenology.” -/- Although differing traditions guide their inquiries and research, Cheng and Gadamer recall the wisdom of the past to ameliorate the fragmentation in contemporary life. This leads them to re-examine the origins of philosophy; historical roots and thus sources of creative re-interpretations East and West whose affinities are developed in contributions by Hyun Höchsmann and Friederike Assandri. Höchsmann assesses convergences and divergences in the origins of Chinese and Western philosophy (Confucius and Socrates, the Yijing and Pre-Socratics) that culminates in pairing Gadamer’s understanding of paideia in the context of Plato’s political cosmology in the Timaeus with moral and social cultivation in The Western Inscription. She delineates the limits of this comparison which in turn justifies introducing Vattimo’s notion of locality. Assandri’s comparative analysis moves between India and China, Buddhism and Tang Daoism. Based on Gadamer’s argument that writing detaches concepts from their cultural moorings, she defines and applies three levels of understanding in onto-generative hermeneutics to Buddhist terms that were assimilated into the Benji Jing and in so doing clarifies essential dimensions of Daoism. -/- Contributions by Stephen Palmquist and Nicholas Brasovan position Cheng in relation to Kant and Gadamer by way of Aristotle’s ethics respectively. On the one hand, Palmquist plots Cheng’s evolving criticism of Kant’s moral philosophy and draws on crucial dimensions of Gadamer’s hermeneutics to reposition that criticism in a constructive relation to Kant’s emphasis on the philosophical conditions of morality while also indicating how religious dimensions of his thought answer Cheng’s concerns for lived moral action. For Palmquist, Gadamer enables a constructive criticism of Cheng. On the other hand, Brasovan compares Cheng’s Yijing-based account of moral deliberation with Gadamer’s Aristotelian-based ethics and reasons that in contrast to Cheng, Gadamer’s hermeneutical consciousness is disengaged from practical knowledge. For Brasovan, Cheng is a constructive critic of Gadamer. Palmquist and Brasovan’s divergent angles on Gadamer and Cheng map onto a dialectic of contrast and complementarity that constitutes the inner logic of Cheng’s philosophy. In other words, Gadamer and Cheng ought to be read alongside one another for the sake of removing discrepancies and contradictions, which constitutes the organic structure of their thinking. -/- 3 Our Mode of Being in History Is Not Historical The conversations between Cheng and Gadamer in this issue of The Journal of Chinese Philosophy pivot on language, philosophy of history and ethics within a comparative framework of analysis, but also explore the grounds that make the comparisons possible. Those grounds are informed by Chinese cosmology, and function to wrest Gadamer from the shadow of Heideggerian facticity and reposition him within the range of Cheng’s ideas about our place in nature that is embedded in his question about how mind emerges from inorganic matter.8 -/- For Gadamer scholars of Heidegger, human finitude, our ownmost individuating death ensures that hermeneutics is always open to the other as other, always on the way toward understanding the meaning of Being. To arrest the process in a concept of “the Absolute” cannot but represent someone’s point of view, and thereby render hermeneutics indistinguishable from ideology. However, insofar as finitude is defined by them in terms of an onto-theological concept of immorality, finitude is a metaphysical concept consistent with epistemologies and confuse beings with the meaning of Being. As a result, the celebrated political value of hermeneutics to always be on the way toward an understanding of the meaning of Being admits subtle variations on the same worldview that are insufficiently self-critical. -/- Gadamer scholars of Heidegger are right. A transformation in ethos and opening to the meaning of Being depends on awareness of finitude. Yet this awareness does not yield openness to more of the same, i.e., discourse structurally incapable of coming to unity but instead, for both Gadamer and Cheng, openness to a distinctly different ontological dimension of reality. As Sandra Wawrytko and So-Seong Park indicate,9 this ontological dimension is prefigured in the experience of being-as-a-whole or the totality of all possible relations in both Chinese totemic shamanistic rituals,10 and Greek Dionysian festivals.11 Through these religious experiences human ethos and therefore consciousness is expanded and elevated from being centered on one’s ownmost concerns toward an affinity with all sentient beings from insects and plants to animals. The channel for this affinity is an auditory disposition and hence, the emotions, compassion, and feeling response. -/- The capacity for an auditory disposition, or as Gadamer calls it, listening consciousness to respond to the inter-relationality and therefore inherent balance of nature is developed through music, song and dance of the religious rituals and festivals. They facilitate the unity of mind with nature. This use of music, that transforms ordinary consciousness, explains Cheng’s emphasis on the receptivity of feeling response in comprehensive observation, and Gadamer’s emphasis on openness to the other in attunement. However, an auditory disposition characteristic of pre-literate oral cultures that reveals the “All” need not rely on religion. As theorists about the evolution of language have explained,12 modern languages preserve their pre-historical past in music or prosody. That is to say, the song and dance that revealed the totality of inter-related beings to an ethos of comprehensive observation and attunement toward beings in classical civilizations is retained in the back-and-forth movement or rhythm of the dialogue form. Our mode of being in history is a mode of being in nature – through the music of language. -/- While alerting the reader to the limits of a nominalist interpretation, Gadamer expresses the inner law of the nature as follows: “in perishing there is always becoming, and in becoming there is always perishing.”13 Considered in process, opposites generate and blend into each other. This law of nature applies to everything.14 Hence, in a manner comparable to Pfister’s concluding insights, onto-dialogical hermeneutics is not only open to discrete events of otherness but moreover, to the moving structure of reality expressed, as Gajdosova suggests, in the existential moment of naming. Considered as interplay of tension and resolution with a life of its own, the dialectic of a dialogue is self-similar to the way in which an organism grows (by instinct). There is, therefore, a sense in which the art of interpretation extends the human mind into the eternal cycles of nature such that we participate in the articulation of the inner telos/homeostasis toward which all beings strive and importantly for Gadamer scholars of Heidegger, within the material limits of energy to which our embodied minds are self-evidently subject. In mortality there is always immortality. (shrink)

Alessandro Ferrara’s argument in Sovereignty Across Generations takes shape within a broadly Rawlsian ‘political liberal’ framework of thought about moral underpinnings for a constitutional-democratic practice of politics. Where, exactly (I ask here), is the place within that thought for concern about occurrences in a country’s past of popular constituent power? If the country’s currently established constitutional regime is fully democratic (and is otherwise morally in order) by whatever operational measures you and I might think to apply, why should we (...) or anyone care about how or by whose authority the regime got set up and running in the first place? By Ferrara’s Rawls-inspired teaching in Sovereignty Across Generations, the answer to that question will come from a certain conception of political legitimacy. But then a potent objection comes from those who press the question of how to reconcile a democratic conception of legitimacy with a subjection of current (say) deliberative-majoritarian rule to antecedently imposed terms of constraint. Under Rawlsian and Ferrarian stimulus, I look into the possible relevance here of H.L.A. Hart’s proposition of a complementarity or fusion, in our concept of law, of an ‘internal’ with an ‘external’ perspective that those involved may adopt toward the coercive social practice in question. Underlying the Rawlsian constitutional proposition on legitimacy, I end by suggesting, is the thought that, in order for a person to live in freedom under law, that person will have to sustain simultaneously an internal attitude of bonding to their society’s own ongoing project of legality and an external attitude of critical judgemental of that project as reasonably and rationally acceptable to free and equal citizens in conditions of reasonable pluralism. (shrink)

ABSTRACT This article examines the under-researched figure A.W. Rehberg in his exchange with Kant over the relationship between theory and practice in the philosophy of right. I argue that Rehberg raises, what I call, two problems of political matter which attempt to show that Kant's overly formal approach to political theory cannot justifiably determine political practice. The first problem is the problem of positive determinations of right, rather than merely negative prohibitions. Rehberg takes this to mean that (...) Kant cannot determine us to a specific form of constitution. I argue that Kant's innovation of intelligible property functions as a response to this critique in that it provides the possibility of synthetic propositions of right a priori. Second, Rehberg insists that an a priori system of right cannot relate to already formed historical communities. Here Kant's response comes close to agreeing with Rehberg as Kant takes prudential or historical reasoning to harmonize with the demands of a priori right in order to applied to the sensible world. Kant, in this instance, comes closer to Rehberg by denying centralized enlightened monarchy and the reliance on natural and historical development for the application of right. (shrink)

I appreciate very much the thoroughness with which Jocelyne St-Arnaud has analyzed the text of my paper. As she points out, the major source of difference between our approach to the authors under consideration derives from a preference for an ethical and political perspective on her side and a preference for a metaphysical perspective on mine. However, there are a few key points in interpretation that need to be addressed which go beyond this central difference in orientation.

This book is an unconventional articulation of the political thinking in India in a refreshingly creative manner, in more than one way. Empirically, the book becomes innovative by providing an analytically more grasping contextual interpretation of Indian political thought evolved during the nationalist struggle against colonialism. Insightfully, it attempts to unearth the hitherto unexplored yet vital subaltern strands of political thinking in India as manifested through the mode of numerous significant socio-economic movements operating side by side, and (...) sometimes as part of the mainstream nationalist movement. This book articulates the main currents of the Indian political thought by locating the text and themes of the thinkers within the socio-economic and politico-cultural contexts in which such ideas were conceptualized and articulated. The book also tries to analytically grasp the influences of the various British constitutional devices that appeared as the responses of the colonial government to redress the genuine socio-economic grievances of the various sections of Indian society. The book breaks new ground in not only articulating the main currents of the Indian political thought in analytically more sound approach of context-driven discussion but also provokes new research in the field by chartering a new course in grasping and articulating the political thought in India. This volume will be useful to the students, researchers and faculty working in the field of political science, political sociology, political economy, and post-colonial contemporary Indian politics in particular. It will also be an invaluable and interesting reading for those interested in South Asian studies. (shrink)

During the latter half of the twentieth century political realism dominated national and international landscapes. The twenty-first century has seen the rise of neo‐conservatism, what Charles Krauthammer has called “democratic realism” and what others see as a re-birth of Wilsonianism—making the world safe for democracy. Robert M. Gates, U.S. Secretary of Defense, in a speech on Sept. 17, 2007 in Williamsburg, VA, at the World Forum on the Future of Democracy, acknowledged these different strains of current U.S. policy, saying (...) that “once again [people are] talking about the competing impulses in U.S. foreign policy: realism versus idealism, freedom versus security, values versus interests.” These competing concerns—but especially fear about terrorism coupled with asense of retributive justice—have divided much of the world. Nonetheless, it is clear that no matter what terms one gives to domestic and foreign policies, they are all in one way or another mired in the attitude that the end justifies the means, an attitude that will remain both morally and politically bankrupt until such time as people, policies, and programs embrace the concept of principled nonviolence, if not principled nonviolence itself. (shrink)

The Declaration of Independence states that all men are created equal in the United States, but that statement does not hold true for words. Some words carry more weight than others--they seem to work harder, get more done, and demand more respect. Political Keywords: Using Language that Uses Us looks at eight dominant words that are crucial to American political discourse, and how they have been employed during the last fifty years. Based on an analysis of eleven separate (...) studies of political language, Political Keywords helps readers to understand what these terms mean and how they are used. For example, the book tracks what politics now means to modern commentators, how schoolteacher impress certain values upon the nation's children by invoking the office of the president, and why an innocent word like government sometimes makes people so upset. It details how the people are referenced in political talk and how the media portray themselves. The book also considers the work done by political parties, political promises, and political consultants because, together, they shed special light on modern elections. Combining social science with subtle forms of cultural interpretation, Political Keywords: Using Language that Uses Us provides a fresh look at both American politics and American language. It is an ideal text for undergraduate and graduate courses in political communication, political language, political campaigns, media and politics, political psychology, public opinion, rhetorical criticism, contemporary public address, and presidential rhetoric. (shrink)

This paper asks whether an individual or a political community (henceforth: 'constitutional community') ever incurs moral responsibility for the requirements made by the norms of their constitution. We argue, first, that any constitutional community bears collective moral responsibility for those requirements. We reach this thesis by showing that (i) a constitutional community is a group which can take collective actions attributable to the group as a whole, and (ii) any given set of constitutional norms is the outcome of such (...) collective action. We argue, second, that ordinary citizens of constitutional communities can, in normal circumstances, bear individual moral responsibility for such norms. We reach this second thesis by showing that an average citizen bears individual responsibility for the direct outcome of her polity's collective action whenever she both (1) contributes to the collective action where she need not fear serious reprisals for not contributing, and (2) supports and reflectively endorses the outcome. (shrink)

Depending on how people respond to it, a constitution can cause suffering on a vast scale or lay the foundation for a nation’s liberty, prosperity, and equality. As currently practiced, constitutional theory and interpretation especially concern the meaning, history, and philosophy of constitutional texts. These approaches cannot predict the responses of people to constitutions. Constitutional consequentialism, which I advocate, is a research program that aims to predict the effect of alternative forms and interpretations of constitutions on policy values, (...) especially liberty, prosperity, and equality. This paper discusses two constitutional processes. “Median democracy,” which empowers the median voter, is implemented by referenda and ballot initiatives, special districts, and winner-take-all elections. “Bargain democracy,” which lubricates bargaining among factions and regions, is implemented by legislatures, comprehensive governments, and proportional representation. I show that median democracy causes stability, whereas bargain democracy ideally causes efficiency and often causes corruption or instability. (shrink)

This chapter contains sections titled: American Liberalism The Constitutional System Federal Patronage Looking Forward.

What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements (...) between these views precise, I show how linguistic data militates against both rivals to the generic meaning view, and argue that this has significant implications for jurisprudence. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which (...) render certain norms, but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

As its title suggests, this is a book about constitutional interpretation. More specifically it is an articulation and defense of that particular method of constitutional interpretation, known as originalism, which looks to the original intent of the constitution’s framers as a benchmark against which interpretation is to be made. Professor Whittington believes “that originalism is the method most consistent with the judicial effort to interpret the written constitutional text and that an originalist jurisprudence facilitates the realization of a political (...) system grounded on popular sovereignty”. I think it is fair to say that in the current legal, political, and philosophical climate, originalist theories are pretty much on the defensive, which makes Whittington’s book all the more timely and valuable. (shrink)

"Judges should interpret the law, not make it." Nearly everyone assents to this proposition , so why is there controversy? In this essay I examine three grounds or sources of disagreement. First, the concept of interpretation is unclear. Second, there is uncertainty about whether legal interpretation raises special interpretive problems. Third, there is an implicit assumption among legal theorists that constitutional interpretation is a specially problematic kind of legal interpretation. My goal is to clarify these and other (...) misconceptions. In Chapter 2 I connect normative theories of adjudication to the concept of interpretation. In Chapters 3 and 4 I develop a conception of interpretation that explains how constitutional interpretation is possible and why it is necessary, thus refuting proponents of the invention and discovery models of adjudication. In Chapters 5 and 6 I develop theories of expression meaning and constitutional interpretation, respectively. Chapters 7 and 8 are critical analyses of the interpretive theories of H. L. A. Hart, Lon L. Fuller, and Ronald Dworkin. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Happiness in Premodern Judaism: Virtue, Knowledge, and Well-BeingDaniel H. FrankHava Tirosh-Samuelson. Happiness in Premodern Judaism: Virtue, Knowledge, and Well-Being. Cincinnati: Hebrew Union College Press, 2003. Pp. xi + 596. Cloth, $50.00.Franz Rosenzweig tried hard to convince the neoKantian Hermann Cohen of the merits of Zionism and the normalization it would bring to Jews and Jewish life. His attempt met with this response from Cohen: "Oho! So the (...) gang now wants to be happy, does it?" For those ignorant of the history of Jewish philosophy, one might imagine that Jewish philosophers, no less than their non-philosophical kinsmen, were so weighed down by the burdens of history and persecution that happiness could play no role in their theorizing. But happiness plays a key role in the history of Jewish moral and political philosophy, especially in the premodern period. Even Spinoza, the last of the medievals and the first of the moderns, the great critic of the rabbinic tradition and of Maimonides in particular, is concerned in his Ethics with identifying those activities that together constitute human well-being and the good life. Only lately, since the Enlightenment and Kant, has non-eudaimonism been a live option for Jewish thinkers. Only with the rise of (modern) Orthodoxy, and its predilection for construing goodness as rectitude and rule-following, has eudaimonism fallen out of favor. But with Tirosh-Samuelson's weighty volume on happiness in premodern Judaism, there can be no excuse in the future to imagine that all Jews are, or must be, closet Kantians, strict deontologists. To think otherwise seems to come close to taking on the classical (anti-Semitic) dichotomy of legalistic Judaism vs. spiritual Christianity. In it own way, Happiness in Premodern Judaism is a critique of such a one-sided, monochromatic view of Judaism, whether from the Christian or even from the Jewish side.Tirosh-Samuelson writes explicitly as an intellectual historian, rather than as a philosopher. She understands herself and her project as one that presents just the facts, without evaluating them. While one may cavil at a lost opportunity, in the present case this would be churlish, given the enormous erudition on display. After an introductory chapter outlining the foundational moral theories of Plato, Aristotle, and the Hellenistic philosophers, the text presents the (Greek-inspired) areteic wisdom literature of the Second Temple period, the teleological theocentrism of the rabbis, the Greco-Arabic Islamicate culture that nurtured Jewish philosophers from Saadia in the tenth century to Maimonides in the twelfth, the rabbinic and kabbalistic critiques of the philosophical ideal of happiness commencing [End Page 338] with the translation (into Hebrew) of Maimonides' Guide of the Perplexed at the beginning of the thirteenth century, and finally, very important and the focus of much recent scholarly work, the transformation of Jewish eudaimonism through direct contact with Christian Scholasticism and later with the humanist Renaissance. All in all, a millennium and a half of Jewish intellectual history is presented in a sober and scholarly way.Not surprisingly Maimonides plays a pivotal role in the story that Tirosh-Samuelson relates. A Janus-like figure, he represents the culmination and height of accommodation with Greek and Greco-Arabic philosophical culture. However, with the gradual worsening of the socio-economic condition of European Jewry in the thirteenth century, his accommodationism seemed traitorous, and as a result generations of thinkers, mystics and philosophers alike, strove to critically distance themselves from Maimonidean Aristotelianism. Tirosh-Samuelson is admirably clear in pointing out that such anti-Maimonidean tendencies are ill-characterized as anti-philosophical. Hasdai Crescas in the late-fourteenth and early-fifteenth centuries launched a massive critique of Maimonides' physics, metaphysics, and moral philosophy, but did so in as rigorous a manner as any philosopher would. The picture that enfolds over the course of the text is one of vigorous dialectic between partisans of 'alien' (Greek) wisdom and those who viewed such wisdom with considerable suspicion. Such a dialectic parallels, not surprisingly, developments in Christian philosophy.The trajectory of the story of premodern Jewish musings on happiness is from the centrality of reason and intellect, and the contemplative activity that is reason's preeminent actuality, to the primacy... (shrink)

Les principaux problèmes que Bultmann a posés au plan de l’exégèse historique des textes évangéliques étaient commandés par des positions théologiques et continuent pour ce motif à interroger les théologiens catholiques, qui parfois le rejettent dans le camp tantôt du scientisme tantôt du dogmatisme.Contre la théologie libérale des « vies de Jésus », il élève une double protestation, d’ordre christologique : il revendique le caractère historique de la foi chrétienne, et historique : il prend au sérieux la visée eschatologique de (...) la prédication de Jésus. Marquée en ses origines par un rationalisme dogmatique, l’exégèse historico-critique travaille à son tour la théologie, l’oblige à assumer sa propre historicité et à sortir ainsi de son propre positivisme dogmatique.Réservant – à juste titre – à la foi de dire le sens de la Croix, Bultmann semble séparer le fait et le sens et mettre l’historiographie et la théologie en rapport contradictoire de double vérité. Nous savons mieux aujourd’hui qu’il n’y a de faits qu’interprétés ; la foi atteint la vérité historique des faits, mais doit renoncer à demander de les établir « scientifiquement » à une historiographie censée « objectivement neutre ». En soutenant que le sens de la Croix relève d’une décision de foi, Bultmann nous rappelle utilement, ainsi que l’a reconnu R. Marlé, qu’on ne peut jamais évacuer le skandalon de la foi.The principal problems that Bultmann presented as regards the historical exegesis of evangelical texts were guided by theological positions and continued, for this reason, to question Catholic theologians, who sometimes put him in the camp of scientism and sometimes in that of dogmatism.Against the liberal theology of the “lives of Jesus”, he raised a double protest : of a christological nature and of a historical nature . Marked in its origins by dogmatic rationalism, historical-critical exegesis works in its turn on theology, obliges it to assume its own historicity and this to escape from its own dogmatic positivism.Allowing faith – and for good reason – to decide the meaning of the Cross, Bultmann seems to separate the fact and the meaning and to put historiography and theology in contradictory rapport of a double truth. We know better today that there are only interpreted facts ; faith attains the historical truth of facts, but must renounce the demand to establish them “scientifically” to a historiography believed to the “objectively neutral”. In holding that the meaning of the Cross depends on a decision of faith, Bultmann helpfully reminds us, as R. Marlé recognized, that one can never escape the skandalon of faith. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Extraordinary Rendition:On Politics, Music, and Circular MeaningsRandall Everett AllsupThe purpose of this symposium is to look at music, education, and politics. I will begin with an examination of how musical meanings are politically rendered, and how these understandings are attached to moral consequences. Highly resistant to classification, musical meanings are those things we come to understand about ourselves through music, as opposed to musical knowledge which is demonstrable know-how. (...) While marching bands and flute sonatas can be judged with scores estimated to the 100th decimal point, the meanings that are created between the standards of practice of a given genre and the worldview of the listener or performer are provisional at best. Seen in this light, even seemingly secure or knowable realms like Christian heavy metal or anti-war movies are in fact highly un-objective and unpredictable. (More on Christian rock and movies in a moment). The challenge this paper seeks to uncover is participation on the hither side of fact, where understandings are rendered in a world that is contingent, political, and always in motion. What better example of the unclassifiable than the moving axes of politics and art?So what occurs between art and human or so-called "world" experience? [End Page 144] Let's agree that there is always motion, non-neutral, political movement in this interaction. We need not be students of French post-structuralism to recognize that we are part of many ever-evolving human-made systems, some of control, regulation, reward, punishment, and pleasure, but each with their own gravitation pull.1 I like Susan Sontag's take the best when she wrote that every place, every history has its own "sensibility," its own ineffable way of being in the world.2 Sensibilities—perhaps a clearer way of referring to politics in the context of art and experience—do not exist apart from their environment, yet they are more elusive than an idea or recognizable behavior.3 The sensibility of a time and place makes possible multiple discourses through which we make meaning.4 Some discourses, Foucault would remind us, are intensified by a history's particular sensibility and so appear louder than others. Such a discourse might speak so loudly that it shapes the meanings we make, drowning out options, and thus appearing obvious or commonsensical. The logic of musical assessment and evaluation—scoring marching bands and flute sonatas to the 100th decimal—is one such example.In spite of authoritative voices and reasonable discourses, each history's sensibility has its own escape routes, its own distortions and contradictions. I am fascinated by how we comply with or resist these pulls, as they are matters of agency and identity, matters of equity and social justice. In the present-day context of neo-liberalism and conservative values, especially 21st Century American fundamentalism, we would do well to ask how—not whether—such a fundamentalist sensibility shapes our ways of doing and knowing.5 My attempt is to locate music education in such a project.Shortly after the invasion of Iraq, I wrote a short piece on the fundamentalist imagination and its pull on the arts and education.6 This research took place at the 2003 MENC biennial where Bennett Reimer asks philosophy SRIG participants to consider (among other things) the role of metaphor in music education.7 I viewed the fundamentalist imagination as antithetical to metaphor: to paraphrase, the fundamentalist philosophy of education was "a philosophy for, not with, its initiates. Judgments are passed, not reached; answers are given, not argued... [Most importantly,] it is an educational method that emphasizes and then measures what is literal."8Since then, the voices of American literalism have appeared in increasingly loud volume seeking to discourage interpretation and argument in favor of handed-down teachings and binary logic. Supreme Court Justice Antonin Scalia decries the folly of a "living" constitution, in favor of a strict or literal reading. Retired Cardinal Bernard Law of Boston, in response to a common ground initiative by the late Joseph Bernadin, labels an appeal to "dialogue" a "fundamental flaw."9 Law sniffed, "Dissent from revealed truth or the authoritative [End Page 145] teaching of the church cannot... (shrink)

How is it possible to acknowledge and confront patriarchal violence within Muslim migrant communities without descending into cultural deficit explanations (they are overly patriarchal and inherently uncivilised) and without inviting extraordinary measures of stigmatisation, surveillance and control so increased after the events of September 11, 2001? In this paper, I explore this question by examining Norway's responses to the issue of forced marriages. I argue that social and political responses to violence against women in Muslim communities have been primarily (...) culturalist. That is, the violence is understood as originating entirely in culture, an approach that obscures the multiple factors that give rise to and sustain the violence. The culturalist approach enables the stigmatising and surveillance of Muslim communities. I approach this argument in two parts. In part one I discuss two important and influential books written by women who identify their concerns as feminist and who lay out the case for considering the problem of forced marriage as a problem of controlling fundamentally unassimilable and culturally inferior Muslims. I explore these works as paradigmatic of the culturalising or culturalist move. In part two, I review a variety of legal initiatives in Norway, first contextualising them as part of a larger European venture to control Muslim populations and then examining what they share conceptually with the approaches in part one. I end with how we might begin to develop an anti-racist response to the problem of violence against women. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Force and Freedom: Kant’s Legal and Political PhilosophyAlyssa R. BernsteinArthur Ripstein. Force and Freedom: Kant’s Legal and Political Philosophy. Cambridge, MA-London: Harvard University Press, 2009. Pp. xiii + 399. Cloth, $49.95.This superb, exemplary account of Immanuel Kant’s legal and political philosophy is essential reading not only for Kant scholars, but also for political philosophers and philosophers of law. Lucidly reasoned and (...) written with crystalline clarity, the book is both accessible to non-specialists and a pleasure to read. Ripstein reveals the coherent, systematic structure of thought in Kant’s obscurely written Doctrine of Right, and goes beyond illumination to defense and development of Kant’s conception of equal freedom. In the course of doing all of this, he not only presents Kant in historical context, but also brings to light important differences between Kant’s views and those of other political philosophers and philosophers of law, including John Locke, John Stuart Mill, H. L. A. Hart, and Ronald Dworkin, often enriching the discussion by referring to decisions or arguments made by courts in the U.S. or elsewhere. Ripstein shows that it is unjustifiable to exclude Kant from the primary canon of political philosophy, as is typical of current English-language teaching and scholarship.State governments both tell people what to do and force them to do as they are told; they also claim rights to do these things. Yet people claim the right to be free. Can these claims be consistent? Ripstein argues that Kant shows that they can. By working out the implications of the entitlement to be independent, one’s own master, and free from domination by others, Kant develops answers to the basic questions of political philosophy, addressing state legitimacy, the rule of law, political obligation, revolution, punishment, private property, taxation, and redistribution.The book begins with an overview chapter, followed by a chapter on what Kant calls the “innate right of humanity” in one’s own person, which is the right to be independent. Topics of private right are then addressed in three chapters, with topics of public right in five subsequent chapters, building on the previous ones. A central, bridging chapter explains Kant’s account of the transition from private right to public right, thus his account of political authority, which takes the form of arguments about the state of nature, its defects, and the need for the legal and political institutions of a state. The book ends with an appendix in which Ripstein explains the relation between the Universal Principle of Right and the Categorical Imperative.The right to independence is an original right in the sense that it does not require establishment by any affirmative act, Ripstein explains. Persons capable of acquiring rights through their actions must have the capacity to act in ways that have consequences for rights and thus for others’ conduct. Therefore, any system of rights must presuppose some basic moral capacities that do not depend on antecedent acts on the part of the person exercising them, and thus must presuppose the “innate right” to one’s own person. Each person’s entitlement to independence from another’s choice is the basis of all further rights. It sets restrictions on the capacity to acquire new rights and structures the rights [End Page 531] that each person can acquire. It also imposes duties on the state and restricts the means it can use for achieving its purposes. Equal freedom, understood in terms of restrictions on coercion, governs both private right and public right.In a system of equal freedom, each person is free to use his or her own powers, individually or cooperatively, in order to pursue his or her own purposes, and each person decides what ends to pursue with his or her own means. The right to such independence is an aspect of one’s status as a person in relation to other persons; within a system of reciprocal limits on freedom, it is an entitlement that restricts the conduct of others, consistent with everyone being subject to the same restrictions. It can be violated only by others’ conduct. The sole point of a system of equal freedom is... (shrink)

James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic , Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of time and (...) which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty. (shrink)

The introduction explain the need for how an international, inclusive discussion about the range of different methodological approaches from different traditions of philosophy can be read alongside each other and be seen in sometimes very critical conversation with each other. In addition, the introduction identifies four broad themes in the volume: the largest group of chapters advocate methods that promote history of philosophy as an unapologetic, autonomous enterprise with its own criteria within philosophy. Second, three chapters can be seen as (...) historicizing the history of philosophy from within. Third, four chapters argue for history of philosophy as a means toward making contributions to contemporary philosophy. Finally, two chapters explore the relationship between the history of philosophy and the history of science. (shrink)

This article explores Mary Shelley’s Frankenstein as an “object of care” for use in examining the relationship between creativity and responsibility in the sciences and beyond. Through three short sketches from different disciplinary lenses—literature, science and technology studies, and feminist studies—readers get a sense of the different ways scholars might consider Shelley’s text as an object of care. Through an analysis and synthesis of these three sketches, the authors illustrate the value of such an object in thinking about broad cultural (...) issues. The article acts as a kind of boundary object by creating distinct, yet overlapping narratives from an object that is owned by many social worlds. The three sketches reveal Frankenstein as a thoughtful consideration about what it means to care for, or fail to care for, one’s creation, rather than as a cautionary tale about the evils of scientific hubris. Although infrastructures at universities often prevent interdisciplinary dialogue, the article concludes that purposeful boundary objects created around objects of care like Frankenstein can help build bridges and create shared meanings for new interdisciplinary spaces. (shrink)

Unarguably, Jean-Luc Marion is the leading figure in French phenomenology as well as one of the proponents of the so-called “theological turn” in European philosophy. In this volume, Kevin Hart has assembled a stellar group of philosophers and theologians from the United States, Britain, France, and Australia to examine Marion's work—especially his later work—from a variety of perspectives. The resulting volume is an indispensable resource for scholars working at the intersection of philosophy and theology. “This is a ground-breaking book (...) by leading continental thinkers on one of the most pioneering and controversial voices to emerge in French thought in decades. This volume addresses the lynch-pin of Marion's thought—the point where philosophy and theology, gift and revelation, impossibility and grace, intersect in fascinating and arresting ways. Kevin Hart, as editor, assembles and conducts a magisterial intellectual orchestra.” —Richard Kearney, Boston College “The collective strength of these exceptionally high-quality essays is the authors’ diversity of reflection on the relation of phenomenology to theology. Readers new to Marion will find their way into the _corpus_ and those already familiar with Marion’s work will encounter stimulating interpretations, challenges, and defenses. Valuable, too, are Hart’s introduction to Marion as phenomenologist and Marion’s defense of the saturated phenomenon that bookend the volume.” —Merold Westphal, Fordham University “As a sophisticated engagement with the question of Marion’s relation to Christian theology specifically, and as a general response to Marion’s work as a whole, _Counter-Experiences_ is an undeniable success. The authors treat Marion’s texts carefully, bring impressive intellectual force to their task, and provide rich documentation in the strongest volume of work on Marion’s thought yet to appear in English.” —Jeffrey Bloechl, College of the Holy Cross. (shrink)

In Scotland, for hundreds of years, juries have chosen between three criminal verdicts: “guilty,” “not guilty,” and “not proven.” The “not proven” verdict’s legal meaning remains mysterious. In this article, I aim to describe and solve the problem. Applying modern ideas about standards of proof to the intellectual history of “not proven” yields eight plausible meanings for the verdict. With the extent of the problem in mind, I offer a solution. In the three-verdict system, jurors should deliver a (...) “guilty” verdict when they believe that the accused has committed the crime and a “not guilty” verdict when they believe that the accused has not committed the crime. The “not proven” verdict is for all other states of mind. Clarifying this question matters for determining whether the verdict’s existence is just. It also offers some evidence for how the criminal standard of proof works in other legal systems. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish (...) a possible rule of the judges (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Sense and Sensibility: IARPT’s Four Existential OrientationsWilliam David Hart (bio)I. Introduction: IARPT’s Liberal HorizonThe concerns of the Institute of American Religious and Philosophical Thought are worlds apart from the preoccupations that animate the characters in Jane Austen’s novels. This is not to say that IARPT is disinterested in romance, love, and heartbreak. It is to say, rather, that Sense and Sensibility, the title of Austen’s 1811 novel, is (...) a good cover term for the matters that I wish to address. I say this despite the fact that many characters in the novel, especially Fanny Dashwood, are insufferable members of a British ruling class that, along with its wealth-hording, patriarchy-sustaining institution of primogeniture, needed to be expropriated by the working class. I say this despite the fact that the sensibility of the British aristocracy, as is true of all aristocracies, is off-putting. With this proviso, it is precisely the sense and sensibility of the Institute (the love, romance and, perhaps, tragedy) that I wish to survey through a focus on what I take to be its animating existential concerns. I call these orientations existential rather than merely intellectual because they go beyond ideas, professional commitments, and implicate the entire range of life dispositions. These orientations are habit-forming.Constitutive of these orientations are anxieties regarding the meaning and significance of those things for which we live and die. The sheer fact of consciousness, of conscious matter, of matter conscious of its consciousness and the wonder and awe this inspires as we consider the very existence of things is part of our existential ensemble too. For some of us wonder and awe before the groundless gratuity of existence, let’s call this ontological curiosity, compete with death anxiety and its intimations for preeminence in how we imagine the meaning and significance of our life. This is not a binary matter. For some people, perhaps for most, the joy of existence larded as it is with terrible things exceeds, as the case make be, the quiet desperation, sorrow, or terror, and the emptiness at the center of all things. My exploration focuses on the anxieties rather than the curiosity. I take it for granted that the deep source of anxiety is mortality and its various intimations. Our quest for lives of meaning and significance is threatened by the “horrid d’s”1 of death, disease, dread, despair, [End Page 5] and disappointment. Various thinkers have theorized how we cope with this anxiety. Some argue that denial is a dominant way of dealing with death, which they take to be foundational to the other meaning and significance-threatening phenomena.2 Where the answers to these threats provided by traditional religions are found lacking or otherwise no longer credible, denial expresses itself in the form of various immortality projects: typically, the puritanical, maniacal, and methodical pursuit of health and wealth, in consumerism of all kinds, from the hottest new diet, to a Peloton exercise bike, to a Tesla. And then there is the pursuit of fame and celebrity, which many people can no longer distinguish, the hope, captured so well in the theme song for the television series, Fame. “Fame / I’m going to live forever / Baby, remember my name.”3 We want to be remembered. Whether by future generations or, inside the digital clouds of Instagram or TikTok, or, as some would have it, within the consequent nature of God. Of course, for some populations, death is not so easily denied. Death has an in their face immediacy, insistence, and oppugnancy that rips through flesh and leaves its subject not merely anxious but dead. I speak, for example, of the mind-numbing repetitiveness with which police kill Black people. Or the myriad ways, including environmental racism, in which Blacks are subject to premature death. Some thinkers even theorize that death is the existential horizon for Black people in an ontologically distinctive way.4 Thus the March 2020 police-raid killing of Breonna Taylor in her home may be a statistical anomaly but is experienced as a monstrous revelation of the nature of things, of Black social life as social death. This is not a... (shrink)

This chapter contains sections titled: Focus: The United States Theorizing about Privacy Meaning and Definition Questions of Value Conclusion References.

Both decentralization of state law and cultural relativism have been fundamentally embedded in legal pluralism. As a scholarly trend in law and society, it has insightfully challenged the underpinnings of analytical positivist jurisprudence. Nevertheless, a theoretical concept of political power has significantly been missing in research on the plurality of legal practices in various jurisdictions. This Article aims to critically offer a theoretical concept of political power that takes legal decentralization and cultural relativism (...) seriously and yet points to how and where we should look into political power, assuming that legal pluralism itself may be a strategy of elites and nation-states amid globalization. First, the Article explores the contributions of legal pluralism, and its limits, in intellectually revolting against analytical positivist jurisprudence. Second, it explicates why a concept of political power has been missing, and why such a concept is required for better comprehension of legal pluralism. Third, it calls for a look into three sites of political power in the praxis of legal pluralism: politics of identities, non-ruling communities, and neo-liberal globalization. Last, the Article constructs a concept of political-legal transformations that enables us to unveil political power in the context of de-centralized legal pluralities. Power is produced in, resides in and is generated in the dynamic interactions between nation-states, localities and global agents. Transformative relations along these dimensions allow the nation-state to forfeit some elements of power, both in economics and in law, but they also enable it to maintain some essential ingredients of political power that are often veiled in the rhetoric of globalized pluralism. (shrink)

The purpose of this article is to analyse the issues of war and violence in the thought of Hannah Arendt, drawing on articles published in the newspaper Aufbau between 1941 and 1945. In these texts Arendt argues for the organisation of a Jewish army to engage in the struggle against Nazism. Here I attempt to show that this call for a Jewish army is not in contradiction with the separation between power and violence that Arendt posited. With this objective, (...) I will compare Aufbau’s writings not only with On Violence, but above all with Was ist Politik? and I will try to interpret this comparison by means of the concept of impolitical, elaborated by the Italian philosopher Roberto Esposito. This way I will suggest a new reading of the relationship between politics and violence. It is not a matter of considering the Jewish question only as a starting point to analyze Arendt’s thought, or to interpret her claim in favor of a Jewish army as the result of a specific historical context, but also to see how these positions spring from a will of transformation of this same context and are coherent with the development of her thought. (shrink)

On 9 August 1994 the German legislature revised the German Drug Law (AMG). Included in the revision is a passage requiring, for the first time, that the sponsors and investigators of clinical studies involving human subjects first obtain the approval of an ethics committee before carrying out such studies. According to the legislation, which takes effect on 17 August 1995, approval is to come from 'an independent ethics committee, set up and administered according to state law [emphasis added]' (1). Although (...) it is clear according to the text that the 16 federal states have been empowered to establish ethics committees within their jurisdictions, this does not mean that the state governments are free to transfer exclusive authority in the matter to their respective medical associations, a step that would effectively abolish Germany's private ethics committees. First, the legislation does not rule out the authorization of private ethics committees. Second, as legal scholars attest, the exclusive control of ethics committees by the medical associations would constitute an illegal monopoly. Third, it is arguable that medical-association ethics committees fail to meet the one prior federal requirement, that of independence. There is a great deal of confusion in Germany today about which kinds of ethics committees (public and/or private) the states will sanction before 17 August 1995. In an attempt to sort things out we present a brief explanation of how ther came to be two kinds of ethics committees in Germany, review the legal battle between the two over the issue of authorization, point out how the German legislature, in passing the recent bill, has missed an opportunity to clarify the issue and, finally suggest why the administration of ethics committees by the medical associations may be incompatible with the requirement that ethics committees be independent. (shrink)

H. L. A. Hart's new book of essays rejects any theory of the classic retributive type for justifying legal punishment. Hart denies that useless punishments can be justified even of fully guilty men; he rejects as the justifying aim of punishment the hope of crowning wickedness with the suffering it deserves; he denies that great guilt could justify a more severe punishment than utility-considerations would call for. We will be concerned here with only one of his arguments (...) supporting this rejection: the objection that mere human judges cannot measure wickedness accurately enough to see that each degree of wickedness gets the appropriate amount of suffering. And of course modern fashions of determinist thinking have brought home to us even more vividly the absurdity of trying to measure wickedness, since determinism makes us wonder if we know how much any offender could have helped doing what he did. (shrink)

This volume was initially conceived as a thematic issue of the Sfera Politicii journal and some of its chapters (written by Gabriela Tănăsescu, Henrieta A. Şerban, Lorena Stuparu and Cristian-Ion Popa) were published as such in the 9 (163), September 2011 issue under the title „Theory and Political Ideology”. To enlarge the discussion on the theme, new papers have been added to the previous ones for inclusion in this book. By choosing to title it „Political theories versus ideologies?” (...) we wanted to suggest from the beginning the difficulty of a consensus on such a disputable topic. As it has multiple facets, there are several possible ways to deal with it. Each contribution in this collection is an attempt to clarify a different aspect of the issue. So, a category of texts seeks to explore the nature of political theory, the value neutrality thesis concerning the social sciences, and the distinctions between theory and ideology. One of them is devoted to a trans-theoretical analysis of the naturalist and the interpretivist models of political theory; another one, by scrutinizing the original meaning of „philosophy”, aims at showing that, when philosophy neglects the ancient harmony between philo and sophia, by focusing only on the last one, it runs the risk of failing into ideology; the first efforts of some modern thinkers, (fascinating by mathesis universalis) to apply mathematics to politics, or Michael Oakeshott ‘s concept of ideology are also dealt with in other texts. By broadening the discussion on the neutrality thesis, one of the articles brings to light the philosophical prejudices underlying both „the constitutional” and „the welfare” models, i.e., a „rule ethics” and, respectively, a utilitarian one. Several papers investigate the status of the theories of international relations. Some of them address the peculiar question whether the so called theories of European integration satisfy the criteria of what political scientists mean by an empirical study of phenomena. To put it differently: Can we refer to such theories as a scientifically approaching to the unification European process, i.e., as being able to explaining and making predictions? A subsidiary question would be: are they ideologically neutral? The problem is explicitly put in another article, whose author, by suspecting such theories’ claim to neutrality, is asking if it is possible not a scientific approach to the European integration, but a normative one, namely, a philosophy of European unification „without ideology”. Some articles, pointing out the weakness and vulnerabilities of the traditional theories of international relations when confronted with new political realities, endorse a constructivist interpretation that is likely to offer a better account for actions such as humanitarian interventions. In a similar line of thinking, constructivism is seen by another contributor as a perspective in terms of which some traditional political concepts should be revised. An example is „the national interest”, a concept that can be explained in all its aspects neither by the realist nor by liberal theories. Subjects such as „the end of ideology”, or the ideological left-wing deviations of today liberalism for electoral reasons, or that of a likely „international solidarity” ideology are discussed in this volume too. If it is to draw a conclusion from most contributions, we would say that, irrespective of its versions, normative, or empirical (scientific), or analytical, political theory conceived of itself as being not only different from, but also opposed to ideology. And it still pretends to be so. Lots of the facets of the topic have remained, obviously, unexplored. Among them, the contemporary efforts to reconcile the normative and the empirical dimensions of political theory would have been worth of addressing – maybe, in a future enterprise. Engaging in the difficult endeavor of assembling and integrating individual texts into a coherent account, we hope to be successful in stimulating further debate on the theme, a debate in which the present volume is only a modest contribution. (shrink)

This book focuses upon the perennial question of the existence and nature of an obligation to obey the law. Leading writers have, at one time or another, emphasized considerations such as gratitude, 'divine ordering, ' prudence, contract, autonomy, and utility in seeking to justify, or to deny any justification for, some sort of obligation to obey the positive law. The book provides relevant selections from a sampling of the historical approaches to legal obligation taken by writers such as Plato, (...) Augustine, Aquinas, Hobbes, Locke, Hume, Rousseau, Thoreau, Bentham, Marx and Engels, and Martin Luther King, Jr. These classical discussions are augmented by critical questions and commentary, by independent discussions of the question of legal obligation by a wide range of contemporary writers, and by relevant judicial cases discussing matters such as conscientious objection and civil disobedience. (shrink)

I examine ramifications of the widespread view that scientific objectivity gives us a permission to trust scientific knowledge claims. According to a widely accepted account of trust and trustworthiness, trust in scientific knowledge claims involves both reliance on the claims and trust in scientists who present the claims, and trustworthiness depends on expertise, honesty, and social responsibility. Given this account, scientific objectivity turns out to be a hybrid concept with both an epistemic and a moral-political dimension. The epistemic dimension (...) tells us when scientific knowledge claims are reliable, and the moral-political dimension tells us when we can trust scientists to be socially responsible. While the former dimension has received a fair amount of attention, the latter is in need of analysis. I examine what it means for scientists to be socially responsible, that is, to follow “sound” moral and social values in different stages of scientific inquiry. Social responsibility is especially important when scientists function as experts in society. Members of the public and policymakers do not want to rely on scientific research shaped by moral and social values they have good reasons to reject. Moreover, social responsibility is important in social research in which moral and social values can legitimately play many roles. I discuss the strengths and weaknesses of different answers to the question of how social scientists can identify appropriate moral and social values to inform their research. I argue that procedural accounts of social responsibility, such as well-ordered science and deliberative polling, have limitations. (shrink)

This article defends the principle of non-establishment against 21st-century projects of political religion, constitutional theocracy and political theology. It is divided into two parts, which will appear in two consecutive issues of Philosophy & Social Criticism, 39(4–5) and 39(6). Part 1 proceeds by constructing an ideal type of political secularism, and then discussing the innovative American model of constitutional dualism regarding religion that combined constitutional protection for the freedom of religious conscience and exercise with the principle of (...) non-establishment. The article analyses the strengths and limits of the ‘separation– accommodation’ frame that became hegemonic in 1st amendment jurisprudence from the 1940s to the 1990s. It challenges the standard caricature of the American model as strictly separationist and privatizing. It then critically assesses two contemporary alternatives to that frame: the integrationist approach and the equal liberty approach. The first, disguised as a concern for pluralism and fairness, challenges ‘separation’ and political secularism in a subtle attack on the non-establishment principle, aimed at drastically narrowing its scope. Successes of this approach in recent Supreme Court jurisprudence and politics have triggered a response by liberal egalitarians. The author addresses this response – the equal liberty model – in part 2, which will appear in Philosophy & Social Criticism 39(6), arguing that although on the right track, it fails to find a middle ground between political secularism and integration. (shrink)

This chapter provides a framing for this volume by reviewing the significance and the organisational, technical and social opportunities and challenges related to plant data linkage. We review what “responsible practice” means in relation to the plant environments being documented, the infrastructures used to circulate data, the institutions involved in data governance and the communities involved in plant data work. We show how, across these domains, responsible plant data linkage involves consideration of technical, legal, ethical and conceptual dimensions, thereby: (...) (1) creating and maintaining digital infrastructures, technical standards and discussion venues focused on critical data reuse; (2) developing adequate legal and institutional frameworks that work transnationally; (3) identifying and implementing guidelines for what constitutes acceptable data use, together with systems to monitor and allocate responsibility for breaches and mistakes; and (4) considering the variety of views on what constitutes agricultural development in the first place and how plant research can sustainably, reliably and responsibly contribute to achieving food security. The production of sustainable, responsible and reliable agricultural solutions in the face of climatic and political change depends on the flourishing of transnational, interdisciplinary collaborations such as those represented in this volume. (shrink)