It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political (...) relationships. The rule of law specifies a set of requirements which lawmakers must respect if they are to govern legally. As such, the rule of law restricts the illegal or extra-legal use of power. When a society rules by law, there are clear rules articulating the behavior appropriate for citizens and officials. Such rules ideally determine the particular contours political relationships will take. When the requirements of the rule of law are respected, the political relationships structured by the legal system constitutively express the moral values of reciprocity and respect for autonomy. The rule of law is instrumentally valuable, I argue, because in practice the rule of law limits the kind of injustice which governments pursue. There is in practice a deeper connection between ruling by law and the pursuit of moral ends than advocates of the standard view recognize. The next part of this paper outlines Lon Fuller’s conception of the rule of law and his explanation of its moral value. The third.. (shrink)

In the center of the fifth book of the Nicomachean Ethics, Aristotle elliptically characterizes political justice as a form of reciprocal rule that exists between free and equal persons pursuing a common life directed toward self-sufficiency under the rule of law. My dissertation analyzes Aristotle's thematic treatments of political justice in the Nicomachean Ethics and Politics in order to elucidate its meaning, clarify its relationship to the other forms of justice that he also discusses, and compare (...) it to contemporary neo-Aristotelian accounts of justice. ;The first chapter examines the unclear and disputed passages of Ethics V.6--7 and explains why Aristotle discusses political justice in his ethical treatise. The second chapter makes use of Aristotle's juxtaposition of political justice to household justice on the one hand and despotic justice on the other hand in order to explicate the necessary conditions of political justice, namely, freedom, equality, commonality, self-sufficiency, and the rule of law. To make sense of these concepts, the chapter explores such topics as Aristotle's understanding of the household, his notion of the self and his political criticisms of Socrates. The third chapter examines political justice or reciprocal rule in the Politics in order to understand how political justice can be both a human virtue and an institutional arrangement of offices. The fourth chapter offers a critique of Fred Miller's reconstruction of Aristotelian natural rights. Although Miller is correct to say that Aristotle recognized and understood "rights claims," he is mistaken in claiming that they are an integral part of Aristotle's practical philosophy. Aristotle understood the problems for political compromise posed by rights conceived as "trumps," and he rejects rights as philosophically fundamental on the grounds that they are an inadequate solution to both the political problem of justice and the stability of flourishing political institutions. (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)

Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This paper focuses (...) on issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (shrink)

Journalists in many Afiican countries have long been caught between differing ideals i n their relationship between press and government. Two models viefor dominance-the western, libertarian and development journalism models. This article uses Walzer's (1983) theory of distributive justice to illuminate the ethical significance of this debate. A t issue is political power. A case study of the 1996 proposed press law i n Kenya illustrates the ethical arguments mounted for each press model and how the arguments (...) are marshaled not necessarily for moral purposes but to gain political advantage. Finally, a viable third alternative avoids a false dilemma between the libertarian and development journalism models. Communitarianism preserves the independence from government SO central to the libertarian model while providing a basis for activist journalism. (shrink)

The 17th Century English philosopher Thomas Hobbes is now widely regarded as one of a handful of truly great political philosophers, whose masterwork Leviathan rivals in significance the political writings of Plato, Aristotle, Locke, Rousseau, Kant, and Rawls. Hobbes is famous for his early and elaborate development of what has come to be known as “social contract theory”, the method of justifying political principles or arrangements by appeal to the agreement that would be made among suitably situated (...) rational, free, and equal persons. He is infamous for having used the social contract method to arrive at the astonishing conclusion that we ought to submit to the authority of an absolute— undivided and unlimited—sovereign power. While his methodological innovation had a profound constructive impact on subsequent work in political philosophy, his substantive conclusions have served mostly as a foil for the development of more palatable philosophical positions. Hobbes's moral philosophy has been less influential than his political philosophy, in part because that theory is too ambiguous to have garnered any general consensus as to its content. Most scholars have taken Hobbes to have affirmed some sort of personal relativism or subjectivism; but views that Hobbes espoused divine command theory, virtue ethics, rule egoism, or a form of projectivism also find support in Hobbes's texts and among scholars. Because Hobbes held that “the true doctrine of the Lawes of Nature is the true Morall philosophie”, differences in interpretation of Hobbes's moral philosophy can be traced to differing understandings of the status and operation of Hobbes's “laws of nature”, which laws will be discussed below. The formerly dominant view that Hobbes espoused psychological egoism as the foundation of his moral theory is currently widely rejected, and there has been to date no fully systematic study of Hobbes's moral psychology. (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, (...) but instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- 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. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder 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. -/- 3. Aristotle and 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 inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- 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. The various phases of Stoicism are described, and the shifting place that was 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. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, 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 given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- 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 Torah (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 Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a 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 starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke 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 Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes 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 last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. 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, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, 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. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story 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 several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in 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 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. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- 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 the 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. 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 the 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. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the 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 too a few 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 Tora 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 Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. 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 a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the 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, 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 ambitious, 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 Prima Secundae 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 was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, 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 the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

Ever since Kant, mainstream moral philosophy has been more or less animated by the mission of discovering inescapable law-like rules that would provide a binding justification for morality. Recently, however, more and more authors have started to question a) whether this is possible, and b) what could this project, after all, achieve? An alternative vision of the task of moral philosophy starts from the pragmatic idea that philosophizing begins and ends in the actual human experience. It leads into a view (...) where morality is seen as a ‘social technology’ that aims to make living together possible, and strengthen people’s capability to live a good life within a society. Moral rules, then, are tools that we use to influence our behavior for the better. The role of moral philosophy is, accordingly, to develop further our moral tools, to propose solutions that enhance people’s capabilities to live good lives. In other words, moral philosophers become ethical engineers that use their expertise in ethical topics to criticize existing ‘moral technology’ and construct new concepts and theories that better answer the current challenges for living a good life. (shrink)

Moral problems do not always come in the form of great social controversies. More often, the moral decisions we make are made quietly, constantly, and within the context of everyday activities and quotidian dilemmas. Indeed, these smaller decisions are based on a moral foundation that few of us ever stop to think about but which guides our every action. Here distinguished philosopher Bernard Gert presents a clear and concise introduction to what he calls "common morality" -- the moral system that (...) most thoughtful people implicitly use when making everyday, common sense moral decisions and judgments. Common Morality is useful in that -- while not resolving every disagreement on controversial issues -- it is able to distinguish between acceptable and unacceptable answers to moral problems. In the first part of the book Gert lays out the fundamental features of common morality: moral rules, moral ideals, and a two-step procedure for determining when a violation of a moral rule is justified. Written in a non-technical style, the ten general moral rules include rules on which everyone can agree, such as "do not kill," "do not deceive," and "keep your promises." The moral ideals include similarly uncontroversial precepts such as "Relieve pain" and "Aid the needy." In the second part of the book Gert examines the underlying concepts that justify common morality, such as the notions of rationality and impartiality. The distillation of over 40 years of scholarship, this book is the most accessible version of Gert's influential theory of morality as well as an eye-opening look at the moral foundations of our everyday actions. Throughout the discussion is clear enough for a reader with little or no philosophy background. (shrink)

John Rawls’s A Theory of Justice has reoriented western philosophic thought, starting a new period of reflection on justice. Designed so as to offer “one” theory, this work does not present a dogmatic purpose; however, it does propose principles of justice, resulting from a hypothetical original agreement, to constitute what it calls “justice as fairness”, characterized by the foundation of the rules of “fair” in the institutions. Through the “veil of ignorance” imposed to men in their “original position”, Rawls makes (...) the design of such principles the result of a rational common sense among individuals, trying to achieve a moral ideal that works as an alternative for the utilitarian doctrine and as the basis for a fair democratic society. The importance of Rawls’s complete work can be assessed by the great attention and comments it has received in the academic world, becoming responsible for the rebirth of discussions related to fundamental issues concerning ethics and political philosophy. This has not prevented criticism to the author’s thinking from arising. The paper aims demonstrate that the vehement disagreement used by Rawls’s critics when attacking the argument of original sense decreases the importance of his theory. (shrink)

The developing academic field of machine ethics seeks to make artificial agents safer as they become more pervasive throughout society. In contrast to computer ethics, machine ethics is concerned with the behavior of machines toward human users and other machines. This study aims to use an action-based ethical theory founded on the combinational aspects of deontological and teleological theories of ethics in the construction of an artificial moral agent (AMA).,The decision results derived by the AMA are acquired via fuzzy (...) logic interpretation of the relative values of the steady-state simulations of the corresponding rule-based fuzzy cognitive map (RBFCM).,Through the use of RBFCMs, the following paper illustrates the possibility of incorporating ethical components into machines, where latent semantic analysis (LSA) and RBFCMs can be used to model dynamic and complex situations, and to provide abilities in acquiring causal knowledge.,This approach is especially appropriate for data-poor and uncertain situations common in ethics. Nonetheless, to ensure that a machine with an ethical component can function autonomously in the world, research in artificial intelligence will need to further investigate the representation and determination of ethical principles, the incorporation of these ethical principles into a system’s decision procedure, ethical decision-making with incomplete and uncertain knowledge, the explanation for decisions made using ethical principles and the evaluation of systems that act based upon ethical principles.,To date, the conducted research has contributed to a theoretical foundation for machine ethics through exploration of the rationale and the feasibility of adding an ethical dimension to machines. Further, the constructed AMA illustrates the possibility of utilizing an action-based ethical theory that provides guidance in ethical decision-making according to the precepts of its respective duties. The use of LSA illustrates their powerful capabilities in understanding text and their potential application as information retrieval systems in AMAs. The use of cognitive maps provides an approach and a decision procedure for resolving conflicts between different duties.,This paper suggests that cognitive maps could be used in AMAs as tools for meta-analysis, where comparisons regarding multiple ethical principles and duties can be examined and considered. With cognitive mapping, complex and abstract variables that cannot easily be measured but are important to decision-making can be modeled. This approach is especially appropriate for data-poor and uncertain situations common in ethics. (shrink)

Moral rules provide the baseline for ethics, proscribing unacceptable behavior; moral ideals inspire us to act in ways that improve the human condition. Whatever the moral ideals for pure research, science has a practical side so it is important to find a moral ideal to give guidance to more applied research. This article presents a moral ideal for use-inspired research based on Norman Care’s idea of shared-fate individualism This ideal reflects the observation that all human lives, both (...) present and future are tightly coupled and, as a result, research projects should be chosen, where possible, with the goal of service to others. Together with the ideals of the habit of truth and the gift economy, shared-fate individualism provides the basis for a humane ethics of science. (shrink)

This paper discusses the economic, legal, moral, and political difficulties in developing drugs for the developing world. It argues that large, global pharmaceutical companies have social responsibilities to the developing world, and that they may exercise these responsibilities by investing in research and development related to diseases that affect developing nations, offering discounts on drug prices, and initiating drug giveaways. However, these social responsibilities are not absolute requirements and may be balanced against other obligations and commitments in light of (...) economic, social, legal, political, and other conditions. How a company decides to exercise its social responsibilities to the developing world depends on the prospects for a reasonable profit and the prospects for a productive business environment. Developing nations can either help or hinder the pharmaceutical industry’s efforts to exercise social responsibility through various policies and practices. To insure that companies can make a reasonable profit, developing nations should honor pharmaceutical product patents and adhere to international intellectual property treaties, such as the Trade‐Related Aspects of Intellectual Property Rights agreement. To insure the companies have a good business environment, developing nations should try to promote the rule of law, ethical business practices, stable currencies, reliable banking systems, free and open markets, democracy, and other conditions conducive to business. Overall, this paper advocates for reciprocity and cooperation between pharmaceutical companies and developing nations to address the problem of developing drugs for the developing world. In pursuing this cooperative approach, developing nations may use a variety of other techniques to encourage pharmaceutical companies to act responsibly, such as subsidizing pharmaceutical research, helping to design and implement research protocols, providing a guaranteed market, and bulk buying. (shrink)

Introduction -- Part I: Starting points -- Some decisions are easier than others -- Easy decisions -- More difficult decisions -- Moral dilemmas -- The deep basis of the moral life -- Practical decision making -- Why ethics is ultimately religious -- Acceptable and unacceptable forms of revelation -- The useful incomplete ness of religious tradition -- Moral virtue and character -- Intuition and deliberation in moral decision-making -- The absolute and the relative in moral life -- Have we become (...) too relativistic? -- The natural law approach -- God as the absolute -- Facts and values -- Individual integrity and communal authority -- The transcendent absolute -- Rules and relationships -- The moral burden of proof -- The legal analogy -- Applying the idea of "presumption" to ethical decision-making -- Moral presumptions as a common starting point -- Basic moral presumptions -- Uses of scripture -- Positive Christian value presumptions -- The limits and flaws in human nature -- Presumptions that preserve balance -- A presumption for Scripture and tradition -- When presumptions are in conflict -- Part II: Applications and illustrations -- Difficult personal decisions -- Sexual intimacy and family life -- Contraception and abortion -- Choosing a spouse -- Divorce -- Vocational choices -- The uses of our money -- Political choices -- Hard choices in the public arena -- Abortion -- Homosexuality -- The dilemma of "affirmative action" -- Securing economic justice -- Environmental policies -- Criminal justice -- Uses of military power -- Hard choices at the global level -- International institution building -- International security and policing -- Nuclear disarmament -- Economic globalization -- Global warming -- Hard choices in communities of faith. (shrink)

The first part of Immanuel Kant's Metaphysics of Morals , Rechtslehre , has usually been discussed as a political treatise. But there are parallels between law and ethics in Kant; lawgiving in either realm is a combination of precept and incentive. In works that present his core moral philosophy of inner freedom, this freedom is an internal ethical freedom based on an underlying purely moral incentive, whose adequacy is a transcendental assumption of this part of Kant's moral philosophy. (...) But this inner freedom is paralleled by Kant's account of external freedom, where our external rights, including rights to property, are secured based on the deterrent effect of punishment under criminal law for violations of the rights of others. When we look at the Rechtslehre thus as part of Kant's practical philosophy we notice: Kant's view is that the validity of a legal precept entails an adequate incentive for acting in accord with the precept. The scope of law, and hence of imputation under law, is limited in various ways by the reach of the external incentives of deterrence, including actions based on a so-called "right of necessity." There are parallels between Kant's arguments for extending the categorical imperative as a principle for the use of our freedom to ends in the Tugendlehre and to objects in the Rechtslehre . Kant's theory of punishment, though retributivist in how it assigns appropriate punishment, is teleological/deterrent in providing incentives for not violating positive laws. Der erste Teil in Kants Werk Die Metaphysik der Sitten , die Rechtslehre , wird üblicherweise als eine politische Abhandlung diskutiert. Aber es gibt Parallelen zwischen Recht und Ethik bei Kant. Gesetzgebung ist in beiden Bereichen eine Kombination von Gesetz und Triebfeder. In den Arbeiten, die das eigentliche Herzstück von Kants Tugendlehre behandeln, ist die Freiheit eine innere ethische Freiheit, die auf einer rein moralischen Triebfeder basiert, deren Angemessenheit und Zulänglichkeit eine transzendentale Annahme dieses Teils von Kants Moralphilosophie ist. Die innere Freiheit hat jedoch eine Parallele in Kants Darstellung der äußeren Freiheit. Hier geht es um die Sicherung unserer äußeren Rechte, einschließlich des Rechts auf Eigentum, durch den Abschreckungseffekt einer Strafe für die Verletzung der Rechte Anderer. Wenn wir die Rechtslehre gerade als Teil von Kants praktischer Philosophie verstehen, dann stellen wir fest: Kant geht davon aus, daß gültige juridische Normen stets ausreichende Triebfedern dafür enthalten, daß unser Handeln diesen Normen entspricht. Der Bereich des Rechts, und damit auch der Zurechnung unter Rechtsgesetzen, wird auf unterschiedliche Weise von der Wirksamkeit äußerer Triebfedern zur Abschreckung begrenzt. Das gilt auch für Handlungen, die auf dem sogenannten "Notrecht" beruhen. Zwischen Kants Argumenten in der Tugendlehre für die Erweiterung des kategorischen Imperativs als eines Prinzips für den Gebrauch unserer Freiheit durch die Annahme, daß es Zwecke gibt, die zugleich Pflicht sind, und dem Argument in der Rechtslehre für die Notwendigkeit der Anerkennung von Eigentumsrechten bestehen signifikante Parallelen. Kants Theorie der Strafe ist, obwohl vergeltungstheoretisch mit Blick auf die Frage der Angemessenheit einer Strafe, jedenfalls auch teleologisch/abschreckungstheoretisch konzipiert, nämlich insoweit, als die Androhung von Strafen Triebfedern für die Befolgung der positiven Rechtsgesetze bereitstellt. (shrink)

In these writings by one of our most creative legal philosophers, Meir Dan-Cohen explores the nature of the self and its response to legal commands and mounts a challenge to some prevailing tenets of legal theory and the neighboring moral, political, and economic thought. The result is an insider's critique of liberalism that extends contemporary liberalism's Kantian strand, combining it with postmodernist ideas about the contingent and socially constructed self to build a thoroughly original perspective on some of the (...) most vital concerns of legal and moral theory.Dan-Cohen looks first at the ubiquity of legal coercion and considers its decisive impact on the nature of legal discourse and communication, on law's normative aspirations and claim to obedience, and on the ideal of the rule of law. He moves on to discuss basic values, stressing the preeminence of individual identity and human dignity over the more traditional liberal preoccupations with preference-based choice and experiential harm. Dan-Cohen then focuses more directly on the normative ramifications of the socially constructed self. Fundamental concepts such as responsibility and ownership are reinterpreted to take account of the constitutive role that social practices--particularly law and morality--play in the formation of the self.Throughout, Dan-Cohen draws on a uniquely productive mix of philosophical traditions and subjects, blending the methods of analytic philosophy with the concerns of Continental philosophers to reconceive the self and its relation to ethics and the law. (shrink)

Is Kantian Ethics guilty of utopian thinking? First, potentially good and bad uses of utopian ideals are distinguished, then an apparent path is traced from Rousseau’s unworkable political ideal to Kant’s ethical ideal. Three versions of Kant’s Categorical Imperative are examined briefly for the ways that they may raise the suspicion that they manifest or encourage bad utopian thinking. In each case Kantians have available responses to counter the suspicion, but special attention is directed to the (...) version that says “Act on the maxims of a universally law–giving member of a kingdom of ends.” Interpretations vary, but here primary focus is on one contemporary reconstruction and development of this central idea. Several objections suggest that this idea encourages bad utopian thinking are briefly addressed: that we cannot count on everyone to follow ideal rules, that even conscientious people disagree in their moral judgments, and that theories that allow exceptions to familiar moral rules create a “slippery slope” to moral chaos. (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his (...) unique position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational -- it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure -- any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority -- whether it be organized religion, the nation-state, or free-market capitalism -- emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

In the Western philosophic tradition, virtue theory has rarely been extended to the political realm. There is a long tradition that advocates the role of virtue in ethical theory, but the implications of this tradition for political theory have largely been neglected. However, in the Chinese tradition, we very early on see the use of virtue-based theories not only in ethics but in political thought as well. Indeed, one of the most sophisticated early Confucian philosophers, Xúnzǐ (...) 荀子 (fl. 298–238 BCE), believes that a virtue-based political theory is a natural extension of his virtue-based ethical theory. At the same time, a prominent anti-Confucian political philosopher, Hán Fēizǐ 韓非子, was diametrically opposed to allowing virtue, or, indeed, any other moral quality, serve as the basis for political theory, arguing instead that a clear set of laws should serve as the fundamental basis. Therefore, this tradition offers us a very clear debate on the problems and promise of a virtue politics. This debate is not only of historical interest, however. To the extent that contemporary philosophers interested in the possibility of extending virtue theory to the political realm take themselves to be prescribing for everyone, as opposed to simply for those within their own cultural background, they must be willing to take into account other traditions that have wrestled with similar issues. In early China we not only see a version of virtue politics, we also see a sophisticated debate about its viability. And, while Xúnzǐ himself may not be capable of answering all of Hán Fēizǐ’s objections, analyzing this debate affords us the opportunity to see how and where a particular conception of virtue politics succeeds and fails, providing contemporary philosophers not only with a set of problems that must be overcome but also with a promising way forward. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Being a Moral Agent in Shakespeare's ViennaRobert B. PierceIn one sense we are all moral agents because we make decisions that in some degree take account of what we think we should do and what sorts of selves we want to be. But the problem of moral agency as more than just a theoretical set of philosophical issues, as the lived experience of acting morally in a contingent world, (...) is especially acute for those who set out deliberately to try to uphold some moral ideal, for the idealist in that popular sense of the term. In describing moral agency, philosophers may tend to exaggerate the importance of reflective rationality in the human task of being moral, elevating their own habits of mind into the apex of human striving, but at least the experience of the intellectual idealist is of a special kind, and as such it is an endlessly fascinating subject for artistic contemplation in fiction and drama. That interest raises the issue of what kind of text a philosophical play or novel is. Does it constitute a kind of argument for some set of ideas? Does it show how those ideas play out in lived experience? Or are there other possible ways for a text to count as philosophical?One may also ask why Shakespeare is a good subject for such an enquiry. He is not first and foremost a dramatist of ideas. Bernard Shaw and Tom Stoppard, for example, are far more likely to dramatize the encounter of ideas than he; but for a few years after 1599 or so, beginning with the creation of Brutus, Shakespeare seems to have devoted considerable attention to portraying how ideas impinge on the human experience, and especially to studying moral idealists. Leonato may doubt the importance of philosophical moralizing when he protests that "there was never yet philosopher / That could endure the toothache patiently" (Much Ado 5.1.35–36),1 but in Julius Caesar Brutus is determined to cure the toothaches of the Roman political world by the power [End Page 267] of thought and to govern his own life by the precepts of Stoicism. A group of Shakespeare's plays over the next few years are unusually idea-centered for him and are especially concerned with characters who try to apply moral ideas in the world. Hamlet with its intellectual protagonist comes to mind of course, but perhaps the most systematic exploration of idealists trying to live by their ideas is Measure for Measure. Angelo, Isabella, and the Duke set out on that project in a world that the play analytically divides into four environments for their moral testing: the court, the convent, the tavern-brothel, and the prison.The dramatic richness of this topic of practical ethics lies in how terribly difficult it is to live by a morality worthy of respect. Most of us share the admiration for Brutus's idealism in Antony's tribute, "This was the noblest Roman of them all" (5.5.68), but we may also share the irony, even contempt, in the sarcastic catchphrase of his oration, "Brutus is an honorable man" (3.2.84 and following). The tragedy of Brutus's fate emerges from the difficulties of living out any idealism in our tangled and terribly imperfect world. First, moral principles like the categorical imperative and the Golden Rule, admired character traits like constancy and benevolence, even intuitions (or, as it may be, divine inspirations) about duty do not apply themselves automatically and unambiguously to a decision how to act in a specific situation.2 What does treating human beings as ends, not means entail in your quotidian dealings with your wife, your boss, the dealer who sells you a newspaper? Second, rival values may conflict with a good you are trying to uphold. How can you devote yourself to your work and also give your family the love and attention they need? Third, the demands of the ideal may extend past the limits of your will power or even attention. How many teachers are as patient and understanding of the eightieth student paper as of the first? And, finally, living up to an ideal can be painful... (shrink)

Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices ofstates, has a (...) direct effect on state behavior, and, as a meth-odological matter, can contribute to good theorizing onmatters of international ethics. Recently, philosophical workhas demonstrated a greater engagement with the moral aspects of international law. One strand of scholarship has treated the rules of international law as a proper subject for philosophical inquiry. Another has used international legal rules to support moral arguments about aspects of the international order. Future dialogue and cooperation would benefit both fields, in particular on the challenges to global cooperation from nationalism and on strategies for allocating responsibilities among global actors for rectifying global harms. (shrink)

This essay analyzes the relationship between rights and the rule of law through the investigation of the jurisprudence of three significant figures in the liberal tradition: Ronald Dworkin, Michael Oakeshott, and John Finnis. Dworkin’s approach, which attempts to defend natural rights and to contribute to improving the general communal welfare, is shown to result in a strong role for judges to navigate between protecting rights and the common good where the rule of law is put in the service (...) of social evolution. Oakeshott’s ideal of civil association is explored as an example of a non-instrumental practice. Here the rule of law and political authority contribute to a mode of association that does not coerce or subordinate individuals’ self-chosen purposes to a communal one. Attempting to navigate between normative concerns and the proceduralism of a rule of law, Finnis’ natural law approach is shown to respect the universal human desire to flourish and the individual nature of that search embodied in our modern political vocabulary of rights. Law provides the necessary conditions for human flourishing and thus is both the symbolic and the real realm where we ceaselessly attempt to reconcile individual demands and collective needs in light of our limitations and views of the human good. (shrink)

Benner, Erica. Machiavelli’s Ethics. Princeton, 2009. 527p bibl index afp; ISBN 9780691141763, $75.00; ISBN 9780691141770 pbk, $35.00.

Reviewed in CHOICE, April 2010

This major new study of Machiavelli’s moral and political philosophy by Benner (Yale) argues that most readings of Machiavelli suffer from a failure to appreciate his debt to Greek sources, particularly the Socratic tradition of moral and political philosophy. Benner argues that when read in the light of his Greek sources, Machiavelli appears as much less the immoralist (...) or sophist he often is taken for and instead as a serious moral philosopher very much concerned with the republican ideals of justice and the rule of law. The author does not ignore Machiavelli’s more infamous dicta, but argues that a careful reading shows that they are expressions of views he ultimately rejects. Particularly noteworthy here is her careful attention to Machiavelli’s Florentine Histories.
Benner’s reading of Machiavelli is far too complex and subtle for such a brief summary. Her research is meticulous and her arguments finely honed. This important contribution to both Machiavelli studies and the history of political philosophy will be indispensable for scholars.
Summing Up: Highly recommended. Graduate students and faculty/researchers. — B. T. Harding

Endorsements:

"Machiavelli's Ethics is a superb scholarly book. Erica Benner does truly impressive work in analyzing Machiavelli's views on the most fundamental ethical issues--including necessity and virtue, justice and injustice, and ends and means. She shows, with very solid evidence, that Machiavelli did in fact worry a lot about justice and that he put it at the core of his republican theory."--Maurizio Viroli, author of Niccolò's Smile: A Biography of Machiavelli

"Machiavelli's Ethics is excellent--learned, subtle, highly original, and a constant pleasure to read. And, since it is really a study of Machiavelli's thought in its entirety, it is also the first book of its kind. Its originality lies in taking seriously the claim by some sixteenth- and seventeenth-century readers--notably Bacon, Spinoza, and Alberico Gentili--that Machiavelli was essentially a moral and political philosopher. Erica Benner does a brilliant job of resurrecting this neglected Machiavelli."--Giulia Sissa, University of California, Los Angeles


About the book, from the publisher:
Machiavelli's Ethics challenges the most entrenched understandings of Machiavelli, arguing that he was a moral and political philosopher who consistently favored the rule of law over that of men, that he had a coherent theory of justice, and that he did not defend the "Machiavellian" maxim that the ends justify the means. By carefully reconstructing the principled foundations of his political theory, Erica Benner gives the most complete account yet of Machiavelli's thought. She argues that his difficult and puzzling style of writing owes far more to ancient Greek sources than is usually recognized, as does his chief aim: to teach readers not how to produce deceptive political appearances and rhetoric, but how to see through them. Drawing on a close reading of Greek authors--including Thucydides, Xenophon, Plato, and Plutarch--Benner identifies a powerful and neglected key to understanding Machiavelli.

This important new interpretation is based on the most comprehensive study of Machiavelli's writings to date, including a detailed examination of all of his major works: The Prince, The Discourses, The Art of War, and Florentine Histories. It helps explain why readers such as Bacon and Rousseau could see Machiavelli as a fellow moral philosopher, and how they could view The Prince as an ethical and republican text. By identifying a rigorous structure of principles behind Machiavelli's historical examples, the book should also open up fresh debates about his relationship to later philosophers, including Rousseau, Hobbes, and Kant.
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Some of our most fundamental moral rules are violated by the practices of torture and war. If one examines the concrete forms these practices take, can the exceptions to the rules necessary to either torture or war be justified? Fighting Hurt brings together key essays by Henry Shue on the issue of torture, and relatedly, the moral challenges surrounding the initiation and conduct of war, and features a new introduction outlining the argument of the essays, putting them into context, and (...) describing how and in what ways his position has modified over time. The first six chapters marshal arguments that have been refined over 35 years for the conclusion that torture can never be justified in any actual circumstances whatsoever. The practice of torture has nothing significant in common with the ticking bomb scenario often used in its defence, and weak U.S. statutes have loop-holes for psychological torture of the kind now favoured by CIA in the 'war against terrorism'. The other sixteen chapters maintain that for as long as wars are in fact fought, it is morally urgent to limit specific destructive practices that cannot be prohibited. Two possible exceptions to the UN Charter's prohibition on all but defensive wars, humanitarian military intervention and preventive war to eliminate WMD, are evaluated; and one possible exception to the principle of discrimination, Michael Walzer's 'supreme emergency', is sharply criticized. Two other fundamental issues about the rules for the conduct of war receive extensive controversial treatment. The first is the rules to limit the bombing of dual-use infrastructure, with a focus on alternative interpretations of the principle of proportionality that limits 'collateral damage'. The second is the moral status of the laws of war as embodied in International Humanitarian Law. It is argued that the current philosophical critique of IHL by Jeff McMahan focused on individual moral liability to attack is an intellectual dead-end and that the morally best rules are international laws that are the same for all fighters.Examining real cases, including U.S. bombing of Iraq in 1991, the Clinton Administration decision not to intervene in the 1994 Rwandan genocide, NATO bombing of Serbia in 1999, and CIA torture after 9/11 and its alternatives, this book is highly accessible to general readers who are interested in the ethical status of American political life, especially foreign policy. (shrink)

continent. 2.1 (2012): 29–35. Translated by Vincent W.J. van Gerven Oei from Jeroen Mettes. "Politieke Poëzie: Enige aantekeningen, Poëtica bij N30 (versie 2006)." In Weerstandbeleid: Nieuwe kritiek . Amsterdam: De wereldbibliotheek, 2011. Published with permission of Uitgeverij Wereldbibliotheek, Amsterdam. L’égalité veut d’autres lois . —Eugène Pottier The modern poem does not have form but consistency (that is sensed), no content but a problem (that is developed). Consistency + problem = composition. The problem of modern poetry is capitalism. Capitalism—which has no (...) image: the unrepresentable Idea of “everything.” The problem is that a poem cannot be justified. There is no excuse for it. Political poetry— pure poetry—has to be problematic, though not in a mannerist way. Yes, its problem is first its own problem—poetry’s existence in the same world as the newspaper—but therefore also always everybody’s problem (the problem of any world at all). The cult of the sublime points at a suspect desire for transcendence, nostalgia for paradise lost (the womb?). Melancholia of the post-. But a problem neither sorrows nor mourns, it is alive, and the fact that it is alive is the problem—the problem for death (rigidity, the status quo). Our symbols and ideologies do not hide any god: symbolic = state; imaginary = human; real = money. Problem: the possibility of communal speech (poetry) in the absence of a “we.” Or: what is a “we” that is not a collective subject (or in any case is not a volonté générale )? What is a universal history that is not a History? This work was started in the shade of the anti-globalization protests at the end of November 1999. I considered N30 to be the closure of the nineties, of my adolescence, and of the a seemingly total extinction of social desire. From the beginning I was skeptical about the alterglobalization movement as the avant-garde of a new politics, but something was happening . Maybe this event did not show that, as the slogan would have it, “another world” is possible, but for me it indicated that such possibility was at least still possible. That naked possibility is carrying forward. And if the fundamental tone of this work sounds more desperate than utopian, this is not caused by the catastrophic sequence that since 1999 has plunged us ever deeper into the right-wing nightmare—a nightmare that this work also gives an account for—but because my hope as yet remains empty. Composition . Composition is no design, but the production of an autonomous block of affects (i.e. a POEM), rhythmically subtracted from the language of a community. A poem does something. Is something. New Sentence . Choosing the non sequitur as compositional unit has the advantage that an abstract composition is subjected to the stress of concrete, social references. Where there is a sentence, there is always a world. (This does not hold necessarily for words on their own.) And where sentences collide, something akin to a textual civil war takes place. It is not about “undermining” whatever, or de-scribing the raging global civil war, but about writing social (or even: ontological) antagonism -- including all its catastrophic and utopian possibilities. Minor resistance. Why would poetry be the no protest zone par excellence? It is nothing but protest, not simply qua “content,” but in its most fundamental essence: rhythm. Rhythm is resistance against language, time, and space, and the basis of (what we will continue to call) autonomy. Rhythm starts with the anti-rhythmic caesura as Hölderlin remarked about Sophocles, a disruption of the quotidian drone. The destruction of everything that is dead inside of us. The noise of the avant-garde has never been the representation of the noise of (post)modernity (from the television or shopping mall), but the sober noise of the systematic exchange of an unbearable worldview. The poet does not describe, but looks for a way out: There is a Grain of Sand in Lambeth that Satan cannot find Nor can his Watch Fiends find it, tis translucent & has many Angles But he who finds it will find Oothoons palace, for within Opening into Beulah every angle is a lovely heaven William Blake was not mad. And there has always been only one poetry: the poetry of paradise. The principle is that there is something in art (the essentially creative element) that is disgusted by that which, unlike art, does not aim for the supreme. Wonder is not supreme, tranquility is not supreme, beauty is not supreme. Even amusement is not supreme! The supreme is supremely open, “das Einfache,/ Das Schwer zu machen ist” 1 : paradise. That is abstract. Literally. For me it is not about a concrete imagination, an idyll or utopia. There is no doubt a need for that, but it is not so much the supposed lack of imagination or ideals (human rights are ideals), but a fundamental lack of desire (human rights are no desires) that we suffer from, and from which we do not need to remove Nietzsche’s label of “nihilism.” “We.” George Oppen: “ Of Being Numerous asks the question whether or not we can deal with humanity as something which actually exists.” What is less actual than humanity? Nowadays it appears as a lifeless ideology of cynical power politics. Or as what makes one think. It is a shame to be human. The event is the caesura that defines rhythm. Writing toward the event is not the description of the event, but marking an abstract and intense space in which the event may unfold and keep itself. It is a task. “Remember that thou blesseth the day on which I seized thee, because such is thy obligation.” The event is a contraction (or a series of contractions) with its own rhythm and unique qualities. It is more than an explosion or demonstration. But at the same time less. The endless repetition of images and stories in the media points to a fear for the indeterminate and indeterminable void of the event. In the end there is nothing to see. We do not live in disaster’s shade or miracle’s light, but rather in the rhythm, which is contracted time, having little to do with omnipresent representations. For this book I did not intend a rhythm of evental representations (a narrative rhythm), but a rhythm which would be an event itself , because it draws the border between artwork and history. My desire for a direct engagement with the “extra-textual reality” has nothing to do with the representation of “rumor in the streets.” (What has less street cred than representation?) Naturally, a poem is no historical event and does not change anything. But a poem is a part of history that wants to be repeated forever, constructed in such a way that it is worthy of repetition. It is a part of desire (composition) made consistent (durable). The “historical event” flares up and burns down, and has to burn down to be effective. The leftovers are images and stories (representations), History—no event. The artwork—that is the ambition— remains event (though monumental and inefficient/inoperable). (No wonder that a historical singularity, a revolution, reminds us of a work of art; the resurrection yearns for a judgment, an affirmation; everything depends on it.) Hence the title does not summarize the book, let alone contract its “content” into a quasi-transcendental signifier. The title is juxtaposed to the book, like everything else inside the book, and in that relation it precisely forms a part of it. The ideal work is an open whole, lacking nothing but to which everything may be added. I have been interested in this “everything,” the world, or as I said above: capitalism. “Everything” is not the space for “wonder”—a code word, a shibboleth for petty bourgeois imagination (I recognize myself in the strangest things, a speaking dog, a canal, a pond standing straight—oh my god). No. The world is a social world, not YOUR world, poet. Power is number one. I will call “Dutch,” or “shitty,” whatever denies this power. That hurts, but this pain is an expression of the desire in the world to write another world, or as Blanchot says, “the other of all worlds” 2 : the world. Not as what “is there,” but rather as that which urges for an escape from what “is.” This is a testament of how radical reality has become, for me—or rather, a writing body—in a having-been-written. I am not interested in the problem of “meaning” as misunderstood by literary scholarsi: “order” in “chaos,” “symbolization.” Bullshit. What is there, hop, hope, now: the meaning of the taste in my mouth. Bullshit. I am not interested in the frustration of interpretation; I am writing for readers who do not want to interpret. I do not know how many “professional readers” will hear the music of a paragraph like: Sun. Sushi. Volvo. I hope more than I would think. There is a suggestion (or rather, an actual production) of speed and infinitive owing to the absence of plosives, i.e. articulations such as /k/, /t/, or /p/. Can you hear the slick suaveness? Driving car dark, vocal chiaroscuro of the word “sushi.” The unstressed /i/ stands in the middle of dark vowels and thus acquires its own special out of focus , like a momentary flash or brilliance—an obscure light. It is not about recognizing a story, but about avoiding any story whatsoever: the car disappears in the glow, cars and raw fish have nothing in common except their articulation in a language that brings them together, blurring them. A world appears in its disappearance. For a moment, light is a metaphor for language, though it cannot be reduced to tenor. It is not necessary to be a linguist or philosopher to hear this—a “difficult” poem all too often becomes an allegory of its own impenetrable being-language. The only demand: leave your hermeneutical fetish at home. This was no interpretation. Most shit has been stolen etcetera. That is no longer interesting. You cannot shoot the body with information and let your lawyers reclaim the bullets. So every sentence has been stolen. Also the ones “out” “of” “my” “head.” Why would I be allowed to steal from myself and not from others? Man takes what he needs to move forward. Whatever he encounters, finds in front of him, “occurs” to him. The writer as text editor, or singing pirate. Nothing new here. Important difference with for example Sybren Polet’s 4 montage technique: anti-thematicism. Most of the time ferocious citation from whatever I was reading, listening to, ended up in, and so on. I wrote chapter 12 on my laptop while watching CNN. On the air instead of en plein air . I often employed search engines to generate material. Chapter 20 offers the purest example of this. Often I stop recognizing a particular citation after some time. It is not uncommon for a stolen sentence to conform itself to the paragraph in which it finds itself. Sometimes I nearly arbitrarily replace words. Arbitrariness as a guarantee for absolute democracy. It is a poetics of the non sequitur : a conclusion that does not follow from the premises, the strange element in the discourse. A discourse of strangers. No logical, narrative, thematic unity. There is unity in speed/flight. It has to be read linearly, but not necessarily (not preferably) from beginning to end. The shortest distance between two points is a straight line, but this line precedes every point. The middle, the acceleration, comes first. A point occurs where two lines cross. It has been written from up close, at the level of the tension between sentences. Nothing to be seen from a distance: no form except the exchange of form, no geometrical or mythical meaning. You have to get in, “groping toward a continuous present, a using everything a beginning again and again” (Stein). 5 In Dutch, experimental poetry has been mainly dense: a small rectangular form filled with a maximum amount of poetic possibility. But at the moment the poem starts to relax, the anecdotical content seems to increase. This is what is called “epic”: long, narrative. I believe that an epic is more than that, in fact something completely different. An epic is “a poem including history,” 6 a long poem tied up with the life of community, that as a whole does not need to be narrative. The American poets of the twentieth century (Pound, Williams, Zukofsky, Oppen, Olson, Silliman) have put the epic back on the map by interpreting the poem itself as a map, and writing it as navigation. They have invented the experimental epic, a genre that has generated little original following in “our” poetry. N30 is the middle part—“always start in the middle”—of a trilogy, the contours of which remain as of yet unclear, although each episode investigates one of the three “ecstasies of time”—past, present, future—concerning society X. N30 concerns itself with the PRESENT: not with the description of actual facts but of the rhythm and the intense depth in which facts appear to us. Where are we? We are camping in the desert. Sometimes we are looking at the stars. As opposed to maximum density and minimal tension (a characteristic of most (post-)experimental lyricism), I have sought a minimal density and maximum tension in this book, considered as a long non-narrative prose poem. On the one hand, the minimal density is obtained by the inherent formlessness of prose, on the other hand by the conscious refusal of any active (formal, non-rhythmic) synthesis: the poem tells nothing, shows nothing, has no theme. I did not seek maximum tension either by loading the quotidian with epiphanic radioactivity (“wonder,” confirmation from above), or by means of the intensity of the linguistic structure. I want an abstract tension, but social in its abstraction, in other words, not neutralized by and subjected to Form. Instead of form (transcendent): composition (immanent). The concept is series. Ideal: every unit is necessary for the efficacy of the others and the whole, their relation is purely linear, i.e. non-hierarchic, non-syllogistic, non-discursive, non-narrative. Sentence related to sentence like paragraph to paragraph and chapter to chapter; the whole means nothing and represents nothing. Inside the sentence: syntax (Chomsky’s tree, a type of parallel circuit), outside: parataxis (coordination, an asyntactic line through language and world). I consider duration—the energy of duration (rhythm)—to be the fundament of a poem, the temporal inclination to delimit a “space.” Being as consistency, its consistency. A spatial part of time is not merely a metaphor for an inevitable trajectory, an inescapable time, something like “our time.” Not merely—because rhythm comes from language and is not projected onto it; the poem derives from the world like a scent and a color and a life from a flower. A series, a sequence: nothing potential, but truly infinite—the movement of an infinitude. The infinite series = everything minus totality. That means that there is no container—no Form, no Self, no Image, no Structure, not even a Fragment—just “the prose of the world.” No representation, but also no staging of the impossibility of representation (the postmodern sublime). These are no fragments, no image of a fragmented world or personality, no cautious incantations around the Void. It does not exist. It is a movement. Buying bread, a flock of birds, a bomb falling—they do not depict or represent anything, not literally, not metaphorically. There is an Idea, which is however nothing more than a rhythm, in the same way that capitalism is nothing more than a pure function. Parataxis: the white space between two sentences stresses, which is nevertheless always there, also between words, even between letters: the out of focus of idle talk, the gutter, the irreducible Mallarméan mist which renders even the seemingly most transparent text legible. The white space suggests a neutral medium for free signification, a substance of language. A non sequitur is an element from a foreign discourse, which stresses the white space as space, and problematizes freedom for supra-sentential signification. I start by withdrawing material, leaving the initiative to the sentences. In general a word presupposes less often a discourse than a sentence. What discourse is presupposed by “dog”? We could think of several, but why would we? It is more probable that, when faced with the naked word, we think of its naked (dictionary) meaning, of its denotative signified. By means of two simple interventions we may also write the word as sentence: Dog. In no way this suggests the discourse from which this sentence originates, but in any case we’re presupposing one. This is shown by questions like: “Whose dog? Who’s a dog? What kind of dog?” Etc. (Sentences are question marks.) A sentence implies/is a microcosm—a subject, a verb, an object, and so on. Even an incomplete or ungrammatical sentence does so. My main fascination while writing this book is the worldly and social aspect of language, an aspect that often becomes invisible, or rather, transparent in narrativity—the stretching of sentences into stories. Narrativity organizes a new discourse and a new world, and places a sometimes all too dispersing relation of transparence in between. The conventional novel is the brothel of being. I do not intend to prohibit brothels, and I have certainly not intended to write an anti-novel (THIS IS A POEM), but I do consider narrativity (in general, in poetry, in the news, in daily life) to be ontologically secondary with regard to an immediate being in the world through sentences, also if the latter have been withdrawn from a narrative or otherwise externally structured discourse (which in that case would therefore be chronologically primary ). Naturally, two or more sentences are always in danger of telling stories or arguing, just like the world is always in danger of becoming an objective representation, facing us, strangers. That is why need to wage war—against representation and against the interface, against interaction. AGAINST THE “READER.” To the extent that a sentence is worldly, writing is a condensed global war, and in so far as there is ultimately only one world and one open continuum of languages, it is a global civil war. Nice subject for an epic. The elaboration of a singular problem—prose as the outside of poetry, the form of the novel as purely prosodic composition scheme—“expresses” the universal problem: capitalism as Idea of the world vs. poetry as language of an (im)possible community. The paragraphs are blocks of rhythmically contracted social material. By choosing the sentence as the basic compositional component, an abstract whole may contain social sounds, without telling a story or showing an image. Composition is subrepresentative —a rhythmic, passive synthesis, or rather: a synthesis of syntheses. I never write large blocks of prose in one sitting, because there is no obvious organizational vector —plot, theme, conscience—outside the inherent qualities of the material itself. Usually I write down one sentence, sometimes two, but rarely more than three. Those sentences are usually placed in the text which I am editing at the time. In fact, there is no original composition, new chapters split off from chapters which became too long during the editing process. (Revision mainly consists of adding and inserting, displacing and dividing; only during the last phase, when the text has gained enough consistency, there may be subtraction to tighten the composition; each chapter requires a season of daily revision). This constant revision, accompanied by a continuous influx of collective background noise (to speak with Van Bastelaere), 7 makes every chapter a block condensed (“historical” and “personal”) time. The block itself is a-personal and a-historic; it is ontologically autonomous. If there is such a thing as a spirit of the times, I do not try to offer an image of it, but rather to cancel something of it by erecting a monument of its own excrement within its own boundaries. Tuning and dis-tuning , “in de taal der neerslachtigen een eigen geluid doen klinken,” 8 in other words, desiring in an Elysian way. In this sense I have intended to be able to write a political poetry. The ultimate political poem is the epic, “the tale of the tribe.” I consider N30 to be a prolegomenon to a future epic (of which it in the end will form a part a structural moment, as introduction-in-the-middle), an extended pile on top of an epic as narrative, a question of the tribe and question of its history. I was burdened by too much satire, too much bullshit. But: satire willy-nilly = the only justifiable satire. Against the abstract universalism of the market (“globalism”): concrete disgust, a positive way of saying “No.” Moreover, disgust is a specifically total attitude, which ultimately concerns the world as a whole. I hate this or that, but I am disgusted by EVERYTHING (when I am disgusted), and so it appears that satire is in fact related to the epic, in so far as it concerns society, the cosmos, history. Maybe it is no coincidence that the Dutch literary canon knows no great poet of disgust; what could be more fearful to us than society, the cosmos, and history? The T-tendency (T from Tollens 9 ) clearly points into the direction of the small, friendly, ironic, melancholic, acquiescent, wondrous, and so on. The anti-political, anti-cosmic, anti-historical. (Why am I so philosophical? To scare away the Dutchies.) And most of all: the “poetical” (the pseudo-mysticism from the backyard). Yes, the N in N30 also stands for the Netherlands (just like 30 indicates the number of chapters). I was not in Seattle, I do not live in Iraq. But is not the whole world bleeding to death on Dutch paving stones? Let’s hope that we mowed away something with this total satire, also “in myself.” The arrogant stupidity that definitely thinks to know the essence of freedom (the free development of esthetic needs inside the void), that cannot take anything serious, only believes in the disciplined bestiality of the individual (“norms and values”) and the mere functioning of a social factory which finds no justification whatsoever outside its functioning (“get to work”)… Who knows. A certain aimed destruction leaves grooves and craters, mapping out a next adventure. Pound’s periplum : sailing while mapping the coasts. Immanent orientation. The terrain changes with the map, history changes with the poem. Maps never merely organize the chaos, transcendent schemes imposed on a formless Ding-an-sich . They organize from within, surfing. But they are most of all routes back into the chaos or forward to paradise (final identity of chaos and paradise; Schlegel: “ Nur diejenige Verworrenheit ist ein Chaos aus der eine Welt entspringen kann ”10). A poem is not only a piece of history, it is also a flight from history. Maps give chaos to the form of reality , open escape routes, break through representations, make us shivery and dazed. Paradise is immanent to a fleeting desire. History is the history of labor—this is Adam’s curse—and the poet works too: For to articulate sweet sounds together Is to work harder than all these, and yet Be thought an idler by the noisy set Of bankers, school masters, and clergymen The martyrs call the world 11 But: the poet works in paradise. The paradox of the artwork, the work that is no work, the piece of history that cannot be reduced to History—this is explained by The Space of Literature , a virtual space, an autonomous rhythm, not outside, but in the midst of the noise, a piece of paradise in hell, a postcard from the vale of tears addressed to paradise, to X. Political poetry means: a poetry that dares to think about itself, about its language and about its world and about the problematic relation between both, which is this relation as problem. A poetry that thinks at all, articulates its problem. It has nothing to do with journalism or morality or debate, let alone the law or the state. It has nothing to do with “criticism” if this means the replacement of incorrect representations by other, more correct representations. It has something to do with ethics in the sense of learning to live. It has something to do with the community and the language of the community (whichever that may be) and the role of the poet regarding the community. It concerns justice without judgement or measure. In the end the just word is just a word , to paraphrase Godard: it is from a future that is unimaginable. It Is no rational engagement, but an aversion against everything that obstructs life, and love for everything what is worthy of having been loved. The world is engaged with me, not the other way round. First Exodus, then Sinai. A desire does not start with an agenda. To answer the question whether I am really so naive as to want to change the world: “We only want the world.” Justice is the world appealing to us to liberate it from all possible chains, from each organization and inequality, to be it, smooth, equal, under a clear sky—a desert and a people in a desert. That moment between Egypt and the Law. It is not a revolution, but the sky above the revolution. Poetry = the science of escape. There is no art that we already know. The weakness of modernistic epic poetry seems to me to be the unwillingness to completely abandon narrative as a structural principle, in favor of a composition “around” or from an event. The China Cantos and Adams Cantos are the low point, and the Pisan Cantos the high point of Pound’s poetry. Two types of research: archival representation of the past vs. ontology of the present (which virtually presupposes the entire history). Presupposing an event means that it is impossible for the poet to stage his own absence, but in no way makes the work personal. An event is the unknown, the new invading into the business as usual, so also the personal. The question heading this research is not: “Who am I?” but “What is happening?” The book is as little illegible as Mondrian’s work is invisible. Form is of interest only to the extent that it empowers liberation. Ron Silliman So no formalism, but what it means to live in this world and to have a future in it. I want something that holds together that’s not smooth. Bruce Andrews The past above, the future below and the present pouring down: the roar, the roar of the present, a speech— William Carlos Williams If my confreres wanted to write a work with all history in its maw, I wished, from the beginning to start all over again, attempting to know nothing but a will to create, and matter at hand. Ronald Johnson NOTES 1) “The easy thing/ that is difficult to make.” Bertold Brecht, Lob des Kommunismus . (All footnotes are the translator’s) 2) Maurice Blanchot, The Space of Literature , trans. Ann Smock. Lincoln/London: University of Nebraska Press (1989), 75. 3) Mettes uses the word “Neerlandicus,” which refers to scholars of Dutch language and literature. 4) Dutch poet. 5) Gertrude Stein. “Composition as Explanation.” A Stein Reader . Ed. Ulla E. Dydo. Evanston, IL: Northwestern University Press (1993), 495-503. 6) Ezra Pound. 7) Flemish poet. 8) “Resounding an original sound in the language of the despondent.” A. Roland Holst, De afspraak . 9) Dutch poet. 10) “Only such a confusion is a chaos which can give rise to a world.” 11) W.B. Yeats, “Adam’s Curse.&rdquo. (shrink)

Because the goal of reducing violence is nearly universally accepted, the uniquely prescriptive character of peace and conflict studies is rarely scrutinized. However, prescriptive pacifism in social psychological peace research (SPPR) masks a diversity of opinion on whether nonintervention is more effective in promoting peace than intervention to punish aggression, restore stability, and/or prevent atrocity. SPPR’s skepticism is sharper in the post–9/11 era when states use public fear of terrorist threat to promote sometimes-unrelated domestic and geostrategic interests. The most frequently (...) proposed remedy for this kind of abuse is some form of international legal positivism that permits the use of force only in self-defense, per strict interpretation of the United Nations Charter, or not at all—a position the author calls ‘prescriptive pacifism." This project critically examines the metaethical premises of prescriptive pacifism, positivism, and realism, how these animate the moral and political skepticism of peace studies, psychology, and international relations, respectively, and meet in SPPR. After comparing the intellectual development of these fields and just war theory, I present influential psychologist Albert Bandura’s social cognitive theory (SCT) of moral judgment and aggression as a case study. I present evidence of the problematic nature of Bandura and others’ formulation of moral engagement and disengagement, tracing their contradictions to the named premises. In brief, I argue that SCT’s underlying skepticism of individual moral judgment implies elite or consensus-driven models of social and political change whose institutional gradualism contradicts these authors’ and SPPR’s stated progressive aims, and whose utilitarian ethos undermines the egalitarian individualism that underpins both the liberal conception of the rule of law and the international human rights regime. Finally, I present an alternative model of moral reasoning and engagement based on a Kantian constructivist understanding of international ethics, and the theory of the just war. I outline two instruments inspired by these related normative frameworks that in addition to being more internally coherent, operationalize moral engagement and disengagement in a manner more consonant with political liberalism, existing international humanitarian law, and the emergent norm known as Responsibility to Protect. Intended for use in the collection and coding of qualitative responses to survey research of public opinion on morally ambiguous issues in international politics such as intervention and territorial integrity, these instruments avoid the tendency of existing SPPR frameworks toward false positives of militarism and pacifism. Their presentation also makes mutually comprehensible the often-confusing professional idioms of international relations, political theory, moral philosophy, and social psychology, standing to make a contribution to each. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Is Bioethics Applied Ethics?Robert M. VeatchBioethics is often referred to as a kind of applied ethics. The term applied ethics can be controversial if it is taken to imply that ethical theory from philosophy or religious ethics has to be the starting point for ethical analysis of some practical field such as medicine or law or politics. The term can be understood as requiring some premises from (...) an ethical theory that are then "applied" to some problem area, as a "top down" way of doing the work of moral reflection in a way that axioms in geometry are applied to present proofs of mathematical claim.The publication of an important work in the history of medical ethics, A History of Medical Ethics, provides an opportunity to reflect more carefully on what applied ethics means. That massive multi-authored volume edited by Robert Baker and Laurence McCullough (2007) is scheduled for publication this fall. With the permission of the Press, we have asked Baker and McCullough to prepare an article-length version of one of the central essays in that work. Their paper challenges the idea that ethical theory should be "applied" to medicine or other fields, putting forth an alternative of the "appropriation" of an ethical theory by the formulation of concepts, principles, moral rules, or other specifications that may turn out to be unique or at least modified for the particular field in question.In this issue of the Kennedy Institute of Ethics Journal, we publish the Baker-McCullough article together with five critical commentaries. We include two medical historians who have a sustained commitment to studying the history of ethics in medicine, two systematic ethicists who have an unusual level of commitment to studying ethics historically, and a physician with unusual sensitivity to the history of medical ethics. Each comments on the Baker-McCullough thesis and offers an alternative view of the link between ethical theory and the field of biomedical ethics.Daniel Fox triggered some of the initial reflection on the history of medical ethics in the 1970s. His work is discussed by Baker and McCullough. Fox is sympathetic with the Baker-McCullough appropriation thesis, viewing their position as complementary to his own, although he [End Page 1] urges more attention to the political aspects of medicine, professional dominance, and professional control of medical resources.Ulf Schmidt, a specialist on the historical aspects of research during the Nazi era, focuses on Baker and McCullough's use of that historical example of the appropriation of medical ethics.The two ethicists who comment both have had many years experience with historical aspects of medical ethics, and both worked on the historically important Belmont Report of the National Commission for the Protection of Human Subjects. Both question whether Baker and McCullough overstate the problem of the relation between application and appropriation. Albert Jonsen, as a member of the National Commission, concentrates on the Belmont Report, showing how he sees the report appropriating philosophical ethics.Tom Beauchamp, who was the primary staff person responsible for the report, provides a somewhat different read on the report and particularly on the role of Kantian ethics in the report's discussion of autonomy. Beauchamp accuses Baker and McCullough of having too narrow an understanding of the meaning of the term "applied," claiming that no people doing medical ethics today would simply apply ethical theory in a deductivist manner.Finally, Jeremy Sugarman, the physician ethicist, is, in a somewhat surprising turn, the cautious defender of the application that Baker and McCullough challenge. Although he ends up sympathetic with the appropriation that implies going beyond straight-forward top-down application, he outlines the value of ethical theory for the practical analysis of ethical problems in fields such as medicine.ReferenceBaker, Robert, and McCullough, Laurence, eds. 2007. A History of Medical Ethics. New York: Cambridge University Press, in press. [End Page 2]Google ScholarCopyright © 2007 Johns Hopkins University Press... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Nietzsche's Immoralism: Politics as First Philosophy by Donovan Miyasaki, and: Politics after Morality: Toward a Nietzschean Left by Donovan MiyasakiJeffrey ChurchDonovan Miyasaki, Nietzsche's Immoralism: Politics as First Philosophy Cham: Palgrave Macmillan, 2022. xv + 292 pp. isbn: 978-3-031-11358-1. Cloth, $54.99.Donovan Miyasaki, Politics after Morality: Toward a Nietzschean Left Cham: Palgrave Macmillan, 2022. xv + 330 pp. isbn: 978-3-031-12227-9. Cloth, $54.99.Without a doubt, Nietzsche's political philosophy is one (...) of the most elusive and ambiguous features of his corpus. How else can we explain the dizzying, even contradictory, variety of interpretations of Nietzsche's politics? Some read him as anti-political or a liberal skeptical of state power. For others, he is an aristocratic radical, obsessed with using state power to entrench a new class of Übermenschen. For still others, his thought is most compatible with democracy, as his defenses of perspectivism and agonism are best realized within a democratic political system. Finally, some other scholars throw up their hands and say that Nietzsche's political thought is incoherent.In this two-volume work, Donovan Miyasaki enters this fray with a distinctive defense of the democratic Nietzsche. Two features distinguish his view from others. First, it provides a novel grounding of Nietzschean democracy—what Miyasaki calls Nietzsche's "metapolitics." This grounding is examined in the first volume, Nietzsche's Immoralism (hereafter NI). Second, it offers the most radical political vision of a left Nietzschean form of Nietzschean socialism. For Miyasaki, socialism follows from Nietzsche's fundamental commitments, rather than the aristocratic radicalism that Miyasaki sees Nietzsche inferring—wrongly—from his own commitments. [End Page 97] This extrapolation from Nietzsche's "metapolitics" is undertaken in the second volume, Politics after Morality (hereafter PM). I discuss each of these contributions in turn. In general, I found Miyasaki's work to be clear, perceptive, and bold in their interpretations. That said, with a book that critiques so much of the Nietzsche scholarship and offers such a radical take on Nietzsche's politics, I have some potential objections to raise.Nietzsche's MetapoliticsOther interpreters of a left Nietzsche ground their reading on what they take to be Nietzsche's radical epistemological views: either his perspectivism or his anti-essentialism. This was a popular approach for the postmodern and agonistic readings. By contrast, Miyasaki grounds Nietzschean democracy in a completely different way, on his metaphysics, particularly his determinism and "hard incompatibilism" (NI 25). On Miyasaki's view, Nietzsche denies that freedom and determinism are compatible and hence also that any kind of moral responsibility or moral agency is possible. This is the meaning of Nietzsche's "immoralism." For Miyasaki, Nietzsche's alternative ideal is to engender a particular feeling, namely, the love of this determinism or amor fati.This thesis of hard incompatibilism leads Miyasaki to some sweeping critiques of scholarship on Nietzsche's ethics. Against the many recent interpreters who develop a Nietzschean view of freedom, Miyasaki argues that freedom is impossible in a deterministic world. Against the perfectionist and constitutivist interpreters of Nietzsche's ethics, Miyasaki argues that ethics requires the freedom to improve or fail, and such freedom is impossible. At the same time, Miyasaki admits that Nietzsche at times appeals to and even defends freedom. Yet he explains that what Nietzsche is after in these passages is not freedom, but only the "feeling" of freedom (NI 49). Miyasaki is driven to some strained interpretive moves, such as when he argues that higher individuals' feeling of freedom is enhanced precisely to the degree to which they have abandoned the "illusion of freedom" (NI 49). How can I have the feeling of something I have come to see as an illusion?It is true that Nietzsche critiques the traditional metaphysical notion of the freedom of the will on the basis of his naturalism and determinism. Yet in recent years, scholars have argued that Nietzsche defends a novel conception of freedom that is compatible with determinism, akin to what we find in Spinoza. On this view, freedom is defined in terms of agency rather [End Page 98] than a power or faculty of choice. A free agent is... (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his (...) unique position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational--it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure--any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority--whether it be organized religion, the nation-state, or free-market capitalism--emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

Four years ago, as colleagues in our university's law and medical schools, we designed and began offering a course for law, medical, and nursing students, studying professionalism and professional ethics by reading and discussing current and earlier images of nurses, doctors, and lawyers in literature. We wanted to make professional ethics, professional culture, and professional education the objects of study rather than simply the unreflective consequences of exposure to professional language, culture, and training. We wanted to do it in an (...) interdisciplinary course where aspiring professionals could share their self-conceptions and their conceptions of each other, and we wanted to do it by using stories, our primary means for organizing experience and claiming meaning for it. This article tells the story of that experience: why we did it; how we did it; what we learned from doing it. (shrink)

As an exploration of 'beautiful behavior' in theory and practice, this ground-breaking volume explores the incredible diversity and dynamism of Islam in Southeast Asia, both past and present. Amid the dazzling complexity of Islamic civilization, the concept of adab provides Muslims with a shared sense of sacred history, identity, and morality. In the context of Islamic ethics, adab defines the rules of personal and public etiquette: good manners, moral conduct, civility, humaneness, beautiful behavior. Spotlighting the interdisciplinary research of ten prominent (...) scholars, the book offers new perspectives on adab's multiple meanings and myriad applications for Muslim communities in Malaysia and Indonesia. The chapters examine a wide range of texts including the writings of key Muslim thinkers and contexts, focusing on the everyday experiences of lay Muslims. Drawing on a variety of theoretical and methodological lenses, the essays reveal how 'beautiful behavior' impacts local institutions, cultural practices, and religious imaginations via politics and law, spirituality and piety, ethics and experience. (shrink)

The paper describes the modern morality as conditional morality, represented by theories of social contract and utilitarianism. They conditionally impose the moral duties on people, if the other people fulfil moral duties, too. As a result they justify the use of the political power to compel the citizens to public morality, leaving a certain margin of freedom to individual morality in the private domain which is fairly inconsequential for collective life. Public morality, on the other hand, is rigorously regulated (...) and precisely defined by statutory laws and political authority. An individual citizen thus becomes incapacitated in the public domain: reduced to accepting decisions adopted by the ruling group, perhaps also electing them once per several years. Unconditional morality, as represented by evangelical or Kant’s ethics, imposes rights, obligations and moral duties on individuals, requires compliance with them regardless of other individuals or groups. It may never constitute a foundation justifying violence, use of force, abuse of power, deception or restriction of liberty. Within this framework, such actions are considered immoral, irrespective of whether they occur in the institutionalized form or otherwise. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.1 (2003) 111-120 [Access article in PDF] Hobbes on Law, Nature, and Reason Kinch Hoekstra Balliol College, University of Oxford The reason of a thing is not to bee inquired after till you are sure the thing it selfe bee soe. Wee comonly are att (What's the reason of it?) before wee are sure of the thing. T'was an excellent question of my (...) Lady Cotton, when Sr. Robert Cotton was magnifying of a shoe, wch was Moses's or Noahs, & Wondering att the strange shape & fashion of it: but, Mr. Cotton, sayes shee, are you sure 'tis a shooe. 1A law of nature is a rule discovered by reason. 2 This is the key to John Deigh's attempt to show that "Hobbes's ethics is logically independent of his moral psychology." 3 By this he means that the "theorems" of Hobbes's ethics, the laws of nature, "have no other ground than the definition on which it [his ethics] is based." 4 Deigh thinks he establishes this conclusion by taking seriously both Hobbes's definition of a law of nature as "a Precept, or generall Rule, found out by Reason, by which a man is forbidden to do, that, which is destructive of his life," and his definition of reason as "nothing but Reckoning (that is, Adding and Substracting) of the Consequences of generall names." 5 Deigh puts these two definitions together to argue that Hobbes's ethics is a deductive science, and that those who instead think of his ethics as dependent on desire or as involving instrumental reason ("means-to-ends thinking," as he calls it) are mistaken. The particular virtue of this interpretation, Deigh says, is that without it we have to read Hobbes in the Leviathan as sometimes using "reason" in a way that is different from the way he defines it in chapter 5. 6I will argue that Deigh misunderstands the basis, status, and scope of Hobbesian natural law. In his attempt to save Hobbes from using "reason" equivocally, Deigh attributes mistakes and inconsistencies to him that are more serious and have less [End Page 111] textual justification than that apparent equivocation. A source of the misunderstanding is a simplification—accepted by Mark Murphy and many other interpreters—of Hobbes's conception of reason.Let us begin with Deigh's view of the scope of the law of nature, as he admits that his interpretation would be undermined were he wrong about this. "While the laws of nature are dictates of reason for people living in a state of nature," he says, "they are not truly laws in such circumstances and therefore not sources of obligation in them." 7 If Murphy is right that Hobbes does think they are obligatory outside of civil society, then it is, Deigh concedes, "a genuine problem" for his account. 8 In reply, Deigh refers to the two passages where Hobbes says that the laws of nature are "not properly Lawes," quoting the one from chapter 26, which explicitly recapitulates a claim from chapter 15. 9 In this earlier passage, however, Hobbes adds: "But yet if we consider the same Theoremes, as delivered in the word of God, that by right commandeth all things; then are they properly called Lawes." 10 Hobbes thinks that the laws of nature are always obligatory. He holds, for example, that the law of nature that covenants be kept obliges even "in the condition of meer Nature" or "condition of Warre," and that "the rule of Manners, without Civill Government, is the Law of Nature." 11 Hobbes says that although the laws of nature donot always oblige "in foro externo; that is, to the putting them in act," they do always "oblige in foro interno; that is to say, they bind to a desire they should take place." 12 Although they only require "a desire, and endeavour," Hobbes makes clear that these requirements are laws, and that they are binding and obligatory. 13If Deigh were right, sovereigns would not be obligated by... (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)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Global Justice, Christology and Christian Ethics by Lisa Sowle CahillKeith SokoGlobal Justice, Christology and Christian Ethics Lisa Sowle Cahill NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2013. 328 pp. £62.00 / £20.99Given this book's title and its cover photo of Catholic Relief Services workers in Kenya, I was expecting an examination of global issues with case studies. But chapter titles such as "Creation and Evil," "Kingdom of God," "Christ," "Spirit," (...) and "Cross" tipped me off that my original expectations were incorrect.Perhaps this is Cahill's summa, an attempt to bring together current understandings of major themes in Christian systematic theology and to show how those are tied to Christian ethics. As the series editor, Robin Gill, notes, as opposed to specific moral issues, Cahill's "aim now is to supply a sustained theological basis for global justice" (xi). Cahill herself explains that she hopes "to give biblical and theological reasons for Christian commitment to justice, to show why just action is necessarily a criterion of authentic Christian theology, and to give grounds for Christian hope that change in violent structures is really possible" (1). This is a bold attempt that I feel works on some levels. Cahill draws from key historical and current theologians, including feminist thinkers and marginalized groups.As an ethicist, much of this was a fascinating read in current systematic theology, while some seemed like an overview. I found the chapter on creation and evil somewhat of a plodding summary, yet the chapters on the Kingdom of God, Christ, and the Cross are interesting reads on current discussions in Christology. I would recommend this book for academics and graduate students. Selected sections might work well for undergrads. Sections such as "Historical Research on Jesus" could be great current summaries for undergraduates. [End Page 190]The chapter on the Spirit was interesting but problematic because Cahill's overall approach could err too strongly on the presence of the Spirit primarily in the church itself rather than the world. The chapter on the Cross illustrates interesting historical and current discussion on the necessity of Jesus' death. At this point (246), I feel we primarily have a summary of Christian systematic theology. She acknowledges this as well: "The chapters thus far have been primarily biblical and theological in orientation, but ethical ideals and standards have played a key part in readings of scripture, doctrines, and theologies" (247).Then the book seems to abruptly shift to traditional ethics. With the chapter title of "Nature," I was expecting an examination of environmental ethics but instead got a helpful read on the natural law and virtue ethics approach of Thomas Aquinas. This chapter includes examples of "War as a Test Case" and "Ecology." The final chapter, "Hope," speaks of the need for hope in working toward just and peaceful societies. It includes the longest and only real case study in the book, describing how "Liberian peace activist Leymah Gbowee won the Nobel Prize for spearheading a grassroots women's movement against the civil war" there (295). This is a fascinating account of women using their power and perseverance to overcome an unjust regime, noting that "women had become the 'toy of war'" (298). Finally, observing that "peacebuilding practices reflect the vision of Christian politics that has shaped the previous chapters of this project" (302), she offers seven key points that tie previous chapter topics to current Christian ethics. It seems like an abrupt ending, finishing on point seven and not offering an overall reflection on the book itself.Given this structure, I wish that it had been written as a text for undergrads because the systematic topics covered, and their tie to and conclusion on Christian ethics, would be a nice format for an introductory course. But Cahill's work has always been current, progressive, and concerned with global ethics and the common good. This book is no different, and it is a welcome part of the New Studies in Christian Ethics series.Keith SokoSaint Ambrose UniversityCopyright © 2018 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Leibniz’s Political and Moral Philosophy in the Novissima Sinica, 1699–1999Patrick RileyThe Preface to Leibniz’s Novissima Sinica 1 contains an important but highly compressed and abbreviated quintessence of his theory of justice or jurisprudence universelle—a version so compressed and abbreviated that one must have a broader and fuller understanding of this universal jurisprudence before one can entirely appreciate what Leibniz has to say about Christian charity, Platonism, and geometry (...) in the Novissima Sinica itself. Above all, one wants to know why Leibniz, in the key paragraph of the Preface to Novissima Sinica, should describe the Chinese emperor as just and charitable and as a (more or less) “Platonic” geometer who is as wise as he is charitable. And why should Leibniz contrast this “wisely charitable” Chinese ruler with the Pontius Pilate who irresponsibly asked, “What is truth?” and then permitted the judicial murder of the very Christ who did most to make charity and justice coextensive by saying, “A new law I give unto you, that ye love one another”? 2 The wise course, therefore, is to throw enough light on Leibnizian universal jurisprudence in general to make his moral-political utterances in Novissima Sinica intelligible in particular.In 1693, four years before the publication of Novissima Sinica, Leibniz revealed the outlines of his jurisprudence universelle in the Codex Iuris Gentium:a good man is one who loves everybody, so far as reason permits. Justice, then, which is the virtue which regulates that affection which [End Page 217] the Greeks call philanthropy, will be most conveniently defined... as the charity of the wise man, that is, charity which follows the dictates of wisdom... Charity is a universal benevolence, and benevolence the habit of loving or of willing the good. Love then signifies rejoicing in the happiness of another..., the happiness of those whose happiness pleases us turns into our own happiness, since things which please us are desired for their own sakes. 3Slightly later, in La véritable piété, Leibniz indicated what this view of justice entails:those who... reduce justice to [mere] rigor, and who fail altogether to understand that one cannot be just without being benevolent... in a word, not only those who look for their profit, pleasure, and glory in the misery of others, but also those who are not at all anxious to procure the common good and to lift out of misery those who are in their care, and generally those who show themselves to be without enlightenment and without charity, boast in vain of piety which they do not know at all, whatever appearance they create. 4The central idea of Leibniz’s “universal jurisprudence,” which aims to find quasi-geometrical, eternal moral verities equally valid for all rational beings, human or divine, is that justice is “the charity of the wise” (caritas sapientis), 5 that it is not mere conformity to sovereign-ordained “positive” law given ex plenitudo potestatis (in the manner of Hobbes); nor is it mere “refraining from harm” or even “rendering what is due” (the neminem laedere and suum cuique tribuere of Roman law). 6 The equal stress on “charity” and on “wisdom” suggests that Leibniz’s practical thought is a kind of fusing of Platonism—in which the wise know the eternal truths such as absolute goodness (Phaedo 75d), which the gods themselves also know and love (Euthyphro 93-10e) and which therefore deserve to rule (Republic 443d-e) 7 —and of Pauline Christianity, whose key moral idea is that charity or love is the first of the virtues (“though I speak [End Page 218] with the tongues of men and of angels, and have not charity, I am become as sounding brass or a tinkling cymbal”). 8 Historically, there is nothing remarkable in trying to fuse Platonism and Christianity. Augustine’s thought (particularly the early De Libero Arbitrio) is just such a fusion. 9 But Leibniz was the last of the great Christian Platonists, and left the world just as Hume, Rousseau, and Kant were about to transform and “secularize” it.I. If one decomposes caritas sapientis into its parts, charity and wisdom, the provenance of both elements is clear enough... (shrink)

One provocative but frequently overlooked feature of John Finnis’s natural law theory is its appeal to the normative role of the Aristotelian spoudaios (the mature person of practical reasonableness). Finnis’s account of the basic requirements of practical reasonableness and defense of the methodological device of “focal meaning” both have recourse to Aristotle’s claim that, in ethics and politics, things should be judged in terms of how they appear to the mature practically reasonable person. The current paper examines the normative role (...) played by the spoudaios within Finnis’s natural law theory and provides a defense of that role against the objection that it lacks justificatory force because it is dependent upon circular reasoning. Section one contextualizes Finnis’s use of the spoudaios by considering its Aristotelian origins and also sketches some reasons for its demise in subsequent moral theory. This serves as the basis for an assessment in section two of whether Finnis’s employment of the spoudaios as an ethical exemplar conflates explanation and justification, and therefore culminates in decisionism. The conclusion of the paper is that Finnis’s recourse to the spoudaios is not viciously circular, because it is grounded in the reflexive and dialogical mode of justification proper to ethical enquiry. (shrink)

The primary aim of this work on Hobbes is to present a new construction of his moral and political views. I argue for a reading of the text which dramatically recasts his theory as a deontological contractarianism rather than a consequentialist contractarianism. This reading of the text pays serious attention to Hobbes's usually neglected rejection of prudential calculation and his commitment to the method of Reason which he explains as what we would now call analytical deduction from the meaning (...) of words. ;I argue for the centrality of three theses: that obligation arises from assent, that there is always an obligation to obey the Laws of Nature, and that one is obliged to obey one's sovereign. In explicating Hobbes's theory I present a more complex picture of the authorization of the sovereign than is standardly given in the accounts that characterize the sovereign as the third party beneficiary of a contract between individuals in the State of Nature. Instead, my complex account depicts the sovereign as a duty bound contractor with obligations to the commonwealth. Furthermore, I contend that Hobbes's distinction between the natural and the artificial can be seen to organize and explain important elements in his view. ;Parts 3 and 4 of Leviathan, where Hobbes discusses the obligation of Christian citizens to their civil sovereign and the supposed powers of the Kingdom of Darkness, are then used as a test for verifying the coherence and validity of my novel interpretation. Because my reading of the first two parts of Leviathan conforms with the ideas and method presented in parts 3 and 4, I conclude that the deontic reading, and not the egoist reading, best captures Hobbes's intended meaning. I then go on to defend my interpretation against today's most prominant advocates of the egoist readings, Gauthier, Hampton and Kavka. ;In the final chapter of this work I present three arguments on currently important moral questions: benevolence, infidelity, and abortion. These arguments, which all employ what I have shown to be the Hobbesian approach, show the usefulness of Hobbes's theory in addressing contemporary questions of ethics. (shrink)

Empirical studies have suggested that language-capable robots have the persuasive power to shape the shared moral norms based on how they respond to human norm violations. This persuasive power presents cause for concern, but also the opportunity to persuade humans to cultivate their own moral development. We argue that a truly socially integrated and morally competent robot must be willing to communicate its objection to humans’ proposed violations of shared norms by using strategies such as blame-laden rebukes, even if (...) doing so may violate other standing norms, such as politeness. By drawing on Confucian ethics, we argue that a robot’s ability to employ blame-laden moral rebukes to respond to unethical human requests is crucial for cultivating a flourishing “moral ecology” of human–robot interaction. Such positive moral ecology allows human teammates to develop their own moral reflection skills and grow their own virtues. Furthermore, this ability can and should be considered as one criterion for assessing artificial moral agency. Finally, this paper discusses potential implications of the Confucian theories for designing socially integrated and morally competent robots. (shrink)

The plurality of discussions and the diversity with which the main ethical questions were approached permit the separation of relative theories elaborated in Islam into three distinct dimentions: religious morality, theological ethics and philosophical ethics. Religious morality was elaborated based exclusively on the precepts of the Koran, and on the teachings of the Tradition (Hadīth). This morality establishes the fundamentals to determine: a) the nature of what is correct, and of what is iniquous; b) that which is within (...) the law and divine power’s reach; c) the liberty, and the moral responsibility of each one. Among the thinkers who elaborated a theological ethic founded on the koranic precepts, and on the Tradition (Hadīth), making use of theological concepts, philosophical categories and, at times, inspirations coming from Sufism, Al-Ghazālī stands out as the most respected theologian of sunni Islam. Among the philosophers, Al-Fārābī, Avicenna, Avempace and Averroes made ample use of Nicomachean Ethics. As they sought to conciliate the teachings of the Koran, and of the Tradition (Hadīth) with philosophy, these philosophers found in the Aristotelian ethics the appropriate indications to realize the ideal model for human society. Miskawayh also stands out who, although did not elaborate any ethical system based on philosophical norms, proficuously utilized the Aristotelian and Platonic doctrines, and the works of Arab philosophers before him such as Al-Kindī, Al-Rāzī and Al-Fārābī. (shrink)

Cecile Fabre’s Through a Glass Darkly offers a compelling account of the ethics of espionage drawn from both interpersonal morality and democratic and cosmopolitan political theory. Yet the spying that her theory finds permissible or prohibited does not map onto the spying that states undertake and that international law either explicitly or implicitly authorizes. That law allows or tolerates significant spying to promote compliance with diverse international legal regimes as well as advance other important public order values — well (...) beyond that allowed under Fabre's theory. This disconnect represents a challenge for her theory and ideal theory generally. This essay identifies these gaps and considers alternative approaches to addressing them. It argues that the political morality of spying should be explored through institutional moral reasoning that takes account of the actual practices, expectations, and institutions that states have created; it then offers a set of criteria for the international political morality of espionage. The essay concludes with a discussion of a key feature of all espionage, namely the secrecy of the methods used — as opposed to their goal of find others’ secrets. International law is both pushing transparency in many areas yet still allowing secret conduct by states, and these practices should also inform a theory of espionage. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.2 (2003) 280-281 [Access article in PDF] Maria Dimova-Cookson. T. H. Green's Moral and Political Philosophy: A Phenomenological Perspective. New York: Palgrave, 2001. Pp. xiii + 175. Cloth, $60.00 Like most today who study Green's idealism, Dimova-Cookson finds only his ethics to be still relevant. She rejects his metaphysical epistemology and consequently his teleology, but offers an alternative. Dimova-Cookson proposes a Husserlian (...) analysis of Green's positions on goodness and a critical defense that attempts to rectify his apparently inconsistent formulations of that concept. Provided we recall that Husserl's method is not unproblematic and resist the tendency to adjust the doctrine analyzed for the sake of methodological fidelity, there is reason to be open to the author's proposal. Several of Husserl's ideas seem relevant to Green's thought: intentionality; "noematic content of the determinable X" and "horizon" developed in Ideas; intersubjectivity; and Husserl's teleological descriptions of phenomenological consciousness. But Dimova-Cookson pursues none of these. She employs Husserl's problematic "epoche" and a "necessary feature of human practice" she calls "the phenomenological circle" (69, hereafter, PC).Dimova-Cookson uses PC to resolve certain confusions imputed to Green. Green himself anticipates the charge of vicious circularity concerning the moral ideal when he reasons that "the unconditional good for man" is the good will and that the good will is to will the unconditional good. He subsequently explains that the circularity is not logically vicious for the two terms describe different states of one teleological process of a will actualizing its potential for perfection, and are distinguished "as the complete from the incomplete." According to Dimova-Cookson, Green hasn't escaped the charge and needn't try. Rather, he has unwittingly stumbled upon PC, but confused matters by carelessly conflating perspectives on the senses of "good" which she believes are two different definitions of two different things, elements in PC. "Circularity in explaining morality can be legitimized," she says, provided one rigorously clarifies the shift in perspective between the two elements in PC (70ff.). This move, she holds, can resolve certain contemporary criticisms. But note that if Green hasn't escaped the charge, and it is a genuine logical circle, then, as Husserl recognized, it cannot be avoided simply by making a rigorously clear shift in perspective. That would be a psychologistic response to a logical problem. Moreover, even if clarity of perspectival shift is useful here, it fails to capture the continuity in the moral progress of the self-actualization of moral agent to moral citizen. Finally, had Green represented his distinction in such dichotomous fashion, this would have compromised the teleological component of his explanations and made it more difficult to keep his theory from being conflated with utilitarianism. Green is far-sighted here, given recent tendencies to confuse utilitarianism and teleology on the basis that both can be represented as versions of consequentialism, a confusion based on the fallacy of undistributed middle.Most of Dimova-Cookson's connections are highly suggestive and many of her distinctions useful. She teases out several possible meanings of Green's conception of good, and is to be commended for having tried to answer some of his critics and calling attention to the valuable content of Green's doctrine. Her attempt at a phenomenological approach is novel.It is troubling, though, that Dimova-Cookson thinks it is also transcendental, for her words reveal a grave confusion about what this means. When discussing what she thinks is either transcendental or phenomenological, she uses the language of contingent psychological experience; e.g., "storing experience" (44), and projecting and relating to one's self-image (65). The process of learning she describes is more reminiscent of Piaget's "assimilation-accommodation" model than anything Husserlian or transcendental. Yet the author considers this an "advanced transcendentalism" wherein "our experience is preconditioned—that is, made possible—by the conceptual baggage that has accumulated and is always present at the back of our minds" (27). If one holds that we accumulate... (shrink)

Postmodernism, a poorly defined term, is nevertheless influencing art, architecture, literature and philosophy. And despite its definitional ambiguities, some philosophers see in postmodernism a reason for the rise and interest in business ethics. This view is challenged on two grounds: (I) its philosophical source in Europe; and (2) its vocabulary. Martin Heidegger, one of the major forces in postmodernism’s rise, left a confusing legacy. In his early years, Heidegger advocated moral subjectivism; in his later years, he argued that moral standards (...) could be found in the lives of human gods whose pronouncements would replace the precepts of a Western Civilization he found decadent.Contemporary postmodernism seems to take inspiration from the views of both the younger and older Heidegger even though he, himself, saw contradictions between them. The confusion is compounded by incorporation of Neitzsche’s God-is-dead thesis into Heideggerian thought, thereby, confronting philosophers with a dilemma: if God is out of the picture, and if objective rules derived from human nature do not exist, what human gods can lead us? Will they come from a political or cultural elite? How should we know them? Why should we trust them? Unless-and until-these questions are answered, it is unwise to build business ethics on a postmodern foundation.Another-and seemingly insignificant-reason for rejecting postmodernism ethics is the esoteric vocabulary used by its expositors to advance it. More jargon will not help philosophers who try to respond to moral questions raised by business managers themselves. (shrink)

Kant’s duty of self-knowledge demands that one know one’s heart—the quality of one’s will in relation to duty. Self-knowledge requires that an agent subvert feelings which fuel self-aggrandizing narratives and increase self-conceit; she must adopt the standpoint of the rational agent constrained by the requirements of reason in order to gain information about her moral constitution. This is not I argue, contra Nancy Sherman, in order to assess the moral goodness of her conduct. Insofar as sound moral practice requires moral (...) self-knowledge and moral self-knowledge requires a theoretical commitment to a conception of the moral self, sound moral agency is for Kant crucially tied to theory. Kant plausibly holds that self-knowledge is a protection against moral confusion and self-deception. I conclude that although his account relies too heavily on the awareness of moral law to explain its connection to moral development, it is insightful and important in Kantian ethics. (shrink)

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In (...) borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. -/- In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical " vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness ", let alone to the various theories that try to account for these phenomena. -/- Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to. (shrink)

In “Compliance, Complicity, and the Nature of Nonideal Conditions” (2003), Tamar Schapiro suggests a framework that deontological theories might use to mitigate the stringency of the moral law in certain cases. This framework depends on a crucial distinction between two forms of non-compliance: transgression and subversion. Schapiro considers several possibilities for cases of subversive non-compliance including an intriguing fictional example from L.A. Confidential2003, p. 347) and Kant’s infamous murder at the door scenario (2006, p. 52). For the purpose of this (...) essay, I will focus on Schapiro’s analysis of the murderer at the door scenario. While her analysis is nuanced and insightful, I contend that Schapiro has mistaken the nature of the murderer’s non-compliance in this case. I highlight this by developing the game analogy further. I suggest that the murderer is not refusing to play, as Schapiro would have it, rather he is cleverly playing the game by exploiting its rules. Seen in this light, his wrongdoing in this scenario would not be enough to subvert, or corrupt, the entire practice. Given this, disobedience to the moral law (lying in this case) would not be justified. I go on to suggest that further development of the game analogy could provide potential new insights into the nature of non-compliance and non-ideal conditions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Environmental Virtue EthicsChristopher Freiman (bio)Environmental Virtue Ethics, edited by Ronald Sandler and Philip Cafaro. New York and Oxford: Rowman & Littlefield, 2005, pp. 240. ISBN 0-7425-3389-1 (hardback), $75.00; ISBN 0-7425-3390-5 (paperback) $28.95.For most of its life, environmental ethics has been the province of consequentialism and deontology. But a growing number of environmental ethicists have found these act-centered theories too thin and limited to attend to the complexity of (...) ecological problems. Some see virtue ethics as promising a richer and more muscular approach to environmental ethics. The new anthology Environmental Virtue Ethics delivers on this promise.The book, edited by Ronald Sandler and Philip Cafaro, features fourteen selections—ten original contributions and four reprints of classic papers. The basic theme of environmental virtue ethics as a theory and Environmental Virtue Ethics as a volume is not that the environment is a bearer of rights or source of intrinsic value, but that an appreciation of nature is an ingredient in a happy and flourishing life. Virtue ethics considers character to be a central ethical concern and a critical part of living well. Rather than ask, as deontologists and utilitarians might, "What should I do?," virtue ethicists ask, "What should I be?"According to the first section of the book, environmental ethicists have implicitly been asking themselves this question for years. The first [End Page 133] two articles form a virtual genealogy of environmental virtue ethics, as Louke van Wensveen and Philip Cafaro examine virtue ethics' hidden role in the development of modern environmental ethics. Cafaro presents an account of historical exemplars of environmental virtue. Wensveen argues that the seeming poverty of "ecological virtue language" is partly due to environmental ethics' evolution within a specific cultural niche. Environmental ethics traditionally grappled with questions of practical political and legal import. As a result, the discipline adapted to the problems of rights and costs and benefits rather than character and human flourishing. Wensveen quips, "I imagine that appealing to a chemical company's love of nature in a court of law would be as effective as appealing to an ex-spouse's love of his or her children in a child custody case" (17). Nonetheless, Wensveen chronicles how virtue language has crept, largely unnoticed, into the environmental ethical dialogue.The second part focuses on the theoretical dimensions of environmental virtue ethics. The authors explore the ways in which virtue ethics can offer a fresh perspective on perennial environmental ethical questions. Thomas Hill's seminal "Ideals of Human Excellence and Preserving Natural Environments" is a welcome inclusion. Hill inspires the movement to environmental virtue theorizing when he advises us to ask not simply, "What interests or rights are at stake when one destroys the natural environment?" but also, "What sort of person would do such a thing?" Indeed, we might view this entire volume as an extended attempt to answer to Hill's question.The next part of the book investigates the problems of defining environmental virtue and distinguishing it from anthropocentric virtue. The fourth and final section applies environmental virtue theory to specific ecological problems. The two articles, written by Peter Wenz and Ronald Sandler, use the virtue ethical framework to interrogate the morality of consumerism and genetically modified crops, respectively. This final section helps to allay an enduring criticism of virtue ethics as a whole: that it cannot be applied to real world problems. Sandler's piece in particular profitably uses the tools of virtue ethics to critically reflect upon both the moral problems raised by genetically modified crops and their proposed resolutions.The role of enlightened self-interest in environmental ethics is a recurrent theme. Against a public dialogue that pits human interests and [End Page 134] ecological interests in conflict, this book is refreshing reminder that human flourishing and ecological flourishing are not enemies. Human interests, properly understood, are in harmony with the interests of the environment. We ought to view our relationship with nature as positive-sum.This positive-sum outlook permeates Philip Cafaro's piece, "Gluttony, Arrogance, Greed, and Apathy: An Exploration of Environmental Vice." Cafaro forcefully argues that the vices that hinder human flourishing also hinder... (shrink)

This chapter provides a roadmap of ongoing conversations about cognitive disability and moral status. Its aim is to highlight the political stakes of these conversations for advocates for the cognitively disabled while at the same time bringing out how a fundamental point of divergence within the conversations has to do with what count as appropriate methods of ethics. The main divide is between thinkers who take ethical neutrality to be a regulative ideal for doing empirical justice to (...) the lives of people with cognitive disabilities and those who reject this methodological precept as unduly restrictive. What results is a debate between, on the one hand, fans of various familiar forms of moral individualism and Kantian approaches in ethics and, on the other, a range of disability scholars and activists who implicitly or explicitly make use of philosophically more radical methods. (shrink)

The academic community in the West tends to be suspicious of Russian philosophy, often relegating it to another category, such as “ideology” or “social thought.” But what is philosophy? There is no simple universal definition, and many thinkers consider it impossible to formulate one. The most credible attempt is nominalistic: philosophy is the practice in which Plato and Aristotle were involved. As Alfred North Whitehead wrote, “The safest general characterization of the European philosophical tradition is that it consists of a (...) series of footnotes to Plato.”If so, then Russian thought needs to be understood as an important part of the Western philosophical heritage, given that it offers perhaps the most elaborate set of footnotes to Plato's most mature and comprehensive dialogues: the Republic and the Laws. The status of ideas in Russian philosophy mirrors Plato's vision of them as ontological and political entities, “laws,” or ideal principles—as distinct from mere epistemic units or tools of cognition. The Platonic tendency to integrate and implement religious, philosophical, and political teachings culminated in twentieth-century Russia. In the Soviet state, perhaps more than anywhere else in history, philosophy became a supreme legal and political institution, acquiring the power of a suprapersonal, universal reason. Hence thought itself, in the moment of its triumph, became a prisoner in the social structures that Soviet ideocracy erected on a philosophical foundation. In discussing Russian philosophy, we inevitably consider the practical application of Platonic conceptions by the Soviet ideocracy to a state in which philosophy was called upon to rule.According to Sergei Averintsev, the emphasis on Platonism in the Russian intellectual tradition is nothing to be proud of; it should rather be lamented and repented. Despite the obvious Platonic preferences of Russian thinkers (from Ivan Kireyevsky to Aleksei Losev), Averintsev asks whether even now we might be able to reorient the tradition toward Aristotle instead—toward a more secular, tolerant, and analytic philosophy of human nature. “If Plato is the first utopian,” Averintsev writes, “Aristotle is the first thinker to look the spirit of utopia right in the eye and overcome it.... Aristotle's technique of thought is more neutral toward religion than is Plato's ecstasy.” Characteristically, the name index to the Palgrave Handbook of Russian Thought contains almost twice as many mentions of Plato as of Aristotle.Each national tradition has its own “strange attractor,” as they say now in complexity theory. English empiricism, French rationalism, German Idealism, American pragmatism... However stereotypical these generalizations are, they help to clarify the nations’ distinctive contributions to philosophy. Where does Russia stand in this row? I think that Caryl Emerson is correct to pinpoint, among the most distinctive features of the Russian intellectual tradition, the striving for “wholeness” (tselostnost’). Many Russian thinkers seem to evade definitive and particular “isms,” preferring to find ways of complementing (and thus diluting) those that are on offer. Faced with the claims for rationalism, for example, the Russian response tends to be that true rationality is or should be coupled with fullness of feeling. The characteristic Russian “ism” is at best “holism,” at worst “totalitarianism,” and is usually directed against Western thought. Kireyevsky declares: There [in the West] is a bifurcation [razdvoenie] of the spirit, a bifurcation of thoughts, a bifurcation of the sciences, a bifurcation of the state, a bifurcation of estates, a bifurcation of society, a bifurcation of family rights and duties, a bifurcation of morality and the heart.... In Russia, on the contrary, there is a predominant tendency toward the wholeness of the inner and the outer, of public and moral being.Vladimir Solovyov held that the goal of all knowledge was to comprehend “total unity” and to overcome all kinds of unilateralism, which he referred to as “abstract elements” (otvlechennye nachala). These one-sided elements included Realism, rationalism, empiricism, and positivism, all of which had been advanced by Western philosophical movements.Reading the Handbook, I was struck by how steadily, from one thinker to another, the concept of “unity” is reiterated in various synonyms and contexts: “all-unity,” “wholeness,” “totality,” “integrity,” “edinstvo,” “tsel'nost,’” “tselostnost,” “sobornost,” and so forth. Russian thinkers endeavor not to create something original and special but to unify everything that has already been done and known. Consider opponents, like the Slavophiles and Westernizers; take Petr Chaadaev and Vissarion Belinsky, Kireyevsky and Alexander Herzen, Dostoevsky and Solovyov—all are united by this “super-idea,” proclaiming its embodiment to be the all-embracing vocation of the Russian people. At the same time, they sharply reject all “private principles” and “trashy certainty” (Belinsky's driannaia opredelennost’)—anything that restricts and divides individuals or nations. All these forms of privacy and particularity must be overcome on the way to a universal whole that is even greater in scale than Western Catholicism. According to this logic of totality, we would be better off left with nothing than to be content with the particular and the limited. The first original Russian thinker, Chaadaev (1794–1856), makes the salto mortale of declaring Russia a country that has given nothing to the world, then proclaiming that Russia's destiny is to rise above the rest of the world and resolve all its contradictions. From nothing to everything: such are the philosophical foundations for the totalitarian aspiration of Russian thought, which eventually expressed itself in the revolutionary movements and communist experiments of the twentieth century.As is well known, Russian literature is considered in the West a far more powerful and original expression of philosophical ideas than Russian philosophy as such. Characteristically, then, almost half of the Handbook, its entire second part, is devoted to the dialogue of Russian philosophy with literature and art. As M. N. Forster remarks in the Handbook's concluding essay: “It is natural to wonder why this striking asymmetry between relatively modest achievements in pure philosophy and spectacularly high achievements in literature came about.” To the literary focus of Russian philosophy, we can add a political focus. At least a third of part one of the Handbook is devoted to Russian political and revolutionary philosophy, to Lenin and other Marxists, to Ivan Ilyin, and so on. In this context, both literature and politics assumed philosophical dimensions, often overshadowing philosophy itself.Bertrand Russell lamented that the system of philosophical categories in the West featured mostly nouns (being, consciousness, idea, matter, substance, and so forth), omitting adjectives, verbs, prefixes, and other parts of speech. This criticism should be applied to the category philosophy itself. Why the noun philosophy rather than the adjective philosophical, which can be applied to many areas of activity and creativity, including literature and politics?In Russian intellectual history, the philosophical, rather than philosophy, is the predominant category. The state, ideology, economics, politics and geopolitics, literature, art, warfare, space exploration—all these spheres in Russia and the USSR have been and remain abundantly philosophical, subordinated to certain philosophical tasks, though philosophy as such has never been as developed and sophisticated as in the West. As a discipline, Western philosophy “outsourced” itself to Russian disciples, leaving it to Dostoevsky and Tolstoy, Lenin and Trotsky, to test in literary and political practices a host of Western philosophical ideas, from those of Plato, Rousseau, and Hegel to those of Feuerbach, Marx, and Nietzsche.Likewise, the verb to philosophize is used in ways unusual and awkward in the West. “It is characteristic of the Russian people to philosophize [filosofstvovat'],” as Nikolai Berdyaev observed: “An illiterate Russian peasant likes to pose questions of a philosophical nature—about the meaning of life, about God, about eternal life, about evil and untruth, about how to realize the Kingdom of God.” The philosophical and philosophizing, as attributes and actions of the state and society, overpowered philosophy as a noun—as an academic discipline, if you will. Russian philosophy has had a very modest impact on the West, but the impact of the philosophical has been immense. Nineteenth-century Russian literature influenced Western culture with its philosophical interrogations and existential dilemmas, just as, in the twentieth century, the USSR influenced the West with the philosophical ideas (Marxism, materialism, dialectics, collectivism, socialism, communism) that determined Soviet ideology, politics, and economics.In the USSR of the 1920 and 1930s, for instance, philosophy as an independent academic subject was in a subdued position, as a servant of party ideology. But, meanwhile, the sphere of the philosophical spread to such distant domains as theater (Stanislavsky), physiology (Pavlov), and agriculture (Michurin), with all such activities glorified and sponsored by the state as “philosophically correct”—as faithful to “materialism” and “Realism.” Paradoxically, in the quintessentially philosophical state that was the USSR, the state of philosophy, with the repression of all independent thought and thinkers, was miserable. The fateful and often disastrous originality of Russian philosophy consisted precisely in its dissemination to other areas, in an act of kenosis or self-transcendence that can be viewed both as an aggressive philosophical appropriation of politics, economics, ideology, and literature—and as philosophy's sacrificial devotion to the world beyond its professional boundaries.So there are three features that make Russian thought relevant and dangerous: its Platonic utopian aspiration; its spirit of totality; and its tendency to transcend the boundaries of academic philosophy and to philosophize society, politics, and life in general. Russian philosophy has not been as good at explaining the world as at changing it, sometimes ethically and poetically, sometimes violently and aggressively. Teachers and students of Russian culture should be deeply motivated to draw more attention to the philosophical in Russia and to raise its status in the Western academy. In my view, we would do better service to Russian philosophy if we are frank enough to qualify it as dangerous, sometimes very toxic and addictive, fraught with totalistic tendencies. This philosophy is the voice of the “underground,” both in the Dostoevskian and Leninist senses.At the same time, however, the antidotes concocted in the Russian metaphysical laboratory are of enormous value: the Russian versions of personalism, existentialism, secular and religious liberalism, neorationalism, culturology, conceptualism, and postmodernism. These movements, which counteract totalization, need to be studied precisely because they were cooked up and tested under the same extreme conditions in which the most dangerous intellectual poisons have been produced. (shrink)

It is commonly supposed that morality faces a justificatory crisis. Rationalism seeks to resolve this crisis by means of a direct response to the moral sceptic--to the person who doubts that there is a rational way of deciding what moral position to adopt or whether to be moral at all. I argue that the very aspirations of rationalism--to seek a refutation of the sceptic that concedes her initial standpoint and to base morality on a formal concept of rationality--are misguided. As (...) an alternative, I introduce an approach which has neither of these aspirations--the substantive approach--and argue that it offers a more satisfactory justificatory ideal than rationalism. When measured by this ideal morality does not face a justificatory crisis. ;I argue that both subjectivist and inter-subjectivist rationalists fail to refute the sceptic. I consider the possibility that there is something specific to subjectivism which gives rise to the appearance that morality faces a justificatory crisis and argue that the justificatory standards set up by inter-subjective rationalism--if not met--equally give rise to the same appearance. Thus, it might be thought that rationalism's failure to refute the sceptic reveals that morality does indeed face a justificatory crisis. Instead, I contend that the rationalistic standards themselves should be rejected. To demotivate rationalism, I argue that the substantive approach makes better sense of our lives. The task of making sense of our lives includes not only the task of making our lives intelligible but also one of rendering them meaningful. With regard to subjectivist rationalism, I argue that agents employ substantive reasons in the attempt to make sense of themselves, that this employment of substantive reasons is part and parcel of a meaningful life, and that rationalism's formal concept of rationality cannot capture this use of these reasons. In the case of inter-subjectivist rationalism, I claim that in criticizing others for, say, cruel acts it is the cruelty of those acts that we should focus on and that in its attempt to refute the moral sceptic rationalism distorts our view on such matters. (shrink)