In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Japanese Philosophy in the Making 1: Crossing Paths with Nishida by John MaraldoJohn KrummelJohn Maraldo, Japanese Philosophy in the Making 1: Crossing Paths with Nishida Nagoya: Chisokudō, 2017The present volume by John Maraldo is a collection of his essays, mostly on Nishida. It constitutes the first volume of a two-part collection on Japanese philosophy, this one focusing on Nishida while the second volume includes (...) works on other Japanese philosophers surrounding Nishida. I have long considered Maraldo to be the foremost scholar in English language works in this field, who has consistently produced thought-provoking and well-grounded work, based on his extensive erudition regarding both Japanese and Western traditions. For the last decade and a half, while reading through his fine articles on Japanese philosophy, I was hoping that eventually a book of his own on this topic would be published. Such a book has finally appeared. It is a book that would certainly benefit Anglophone students and scholars of Nishida and Japanese philosophy worldwide. The essays collected here have been previously published in journals or other volumes, or otherwise presented in conferences. But they have been “lightly revised” (1) for the present volume. The volume could have used additional copyediting to clean up some typos. Nevertheless, I would recommend this book to anyone studying or working on Nishida.The volume begins with the prologue’s caveat that “identities we call Japan, Europe, and philosophy are as shifting as they are settled...” (1). A recurring question, therefore, is how philosophy is defined, how it has traversed through time and place, how Nishida’s thought conveys philosophy, and how we can continue this process of translating philosophy (1). Maraldo’s commentary throughout this volume thus proves to be more than just intellectual history but is itself philosophical as he thinks along with the thinkers he discusses, and invites the reader to do likewise. In this he seeks to bring Nishida’s work into philosophical dialogue with the rest of the world, asking “how does the work of Nishida... contribute to the momentum of philosophy?” (1). Maraldo also inquires what the term “Japanese philosophy” (日本哲学) may mean and provides four possibilities [End Page 135] that were given previously in Japanese Philosophy: A Sourcebook that he edited with James Heisig and Thomas Kasulis some years ago,1 while in addition providing possible objections to them (6–8). He tells us that he has come to understand Japanese philosophy as an “ongoing, creative endeavor,” as “philosophy in the making”—a phrase that describes for him all philosophical investigation as a “work in progress, subject to reappraisal and reformation, to rethinking” (10). This seems a reasonable—realistic and viable—approach to understanding philosophy, including Japanese philosophy. Moreover, this process of philosophy, as it crosses cultural and historical borders, inevitably involves translation, the “transmission and transmutation through time and through multiple languages” (11). Even within the West, the origin of philosophy cannot be reduced to its Greek origin when, as Maraldo points out, the ancient Greeks themselves drew from wellsprings of “non-Western” thought (17) and the question of a single origin thus proves to involve “crossroads and contingencies” (17). Philosophy as such “occurs via the trans-lation of texts, spoken and written” (11), which not only means the transference of texts through languages but also “the transformation of textually embedded problems, methods and terminologies both across and within natural languages,” “an inter-lingual and an intra-lingual transmission” entailing “the formation of textual traditions” (12). It not only transmits texts but transforms the language, which in turn transforms cultures and traditions (12). Maraldo views Nishida as such a “consummate trans-lator” of philosophy, who reworked both Asian and European sources into his own language while refining his positions throughout his life (13). But even while refusing to confine philosophy to its Greek origins, Maraldo refuses to exoticize Nishida’s works as yet another product of the Orient. Instead, he treats Nishida’s work as worthy of the philosophical attention of the rest of the world. That is to say that he treats Nishida foremost as a philosopher in the global setting, an equal partner in dialogue with philosophers of the... (shrink)

The galvanising purpose of Federation was the creation of the Commonwealth and the distribution of power between it and the former colonies, simultaneously elevated to Statehood. But beyond this simple fact, consensus about Australian federalism has traditionally been elusive and is, if anything, only increasingly so. While the contemporary political debate over federal reform proceeds from a shared sense that our existing arrangements have manifest shortcomings, there is far from unanimity as to which of its particular features are strengths, (...) and which are deficiencies. The structure of this paper is as follows. In Part II, the range of understandings as to the character of the federal relationship between Australian governments is canvassed. Consideration is given to the views of the Constitution’s Framers and commentators, but most centrally to members of the High Court since these have brought about great change in federal arrangements. The significance of the Court’s marked preference for adhering only to constitutional structure and its inability or unwillingness to develop ‘a federal jurisprudence’ is examined in two respects. First, the effect of the Court’s arid Engineers’ Case methodology has been to reject any suggestion that fidelity to a concept of ‘federal balance’ is consistent with both the contents and purpose of the Constitution and also the principles of divided government. Particular consideration is given to the limitations of a commitment to federalism in only a structural sense, as revealed by the judicial reasons of the majority and dissenting judges in the recent case of New South Wales v Commonwealth. Second, the tension between competing assumptions of the kind of federal system established by the Commonwealth Constitution has produced an unstable and uncertain environment for the development of cooperative schemes between the Commonwealth and States. In Part III we consider how an attempt to ‘constitutionalise’ the relationship between the tiers of government as one underpinned by cooperation and respect would impact on the Court’s approach. Drawing on foreign constitutions, and adapting these in light of Australia’s politico-legal conditions and history, we suggest how a commitment to cooperative federalism might best be shaped for possible inclusion in the Commonwealth Constitution. (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)

In addition to his study of correct constitutions, Aristotle investigated the entire spectrum of regimes existing in his day. Aristotle believes that it is a proper task for politics and legislation to deal with deviant or imperfect constitutions such as oligarchy and democracy. In seeking to preserve and reform imperfect constitutions and prevent revolution, Aristotle employs a maxim of superiority: that the part of the polis that supports the constitution ought to be superior to the (...) class='Hi'>part that does not. Although this maxim can clearly come into conflict with justice, Aristotle regards it as a defensible normative precept when it is the closest feasible approximation to justice that is attainable under adverse circumstances. (shrink)

Using narrative (genre) analysis, part of the discourse historical approach (DHA) to critical discourse studies (CDS), this paper analyses discursive struggles in the Tunisian context of constitutional reform debates held in 2022. This methodological approach and political focus are then tied to the distinctly Tunisian concept of ‘asabiyya, a notion expressing forms of social solidarity/cohesion as devised by Tunisian philosopher of history Ibn Khaldūn (d.1406). The in-depth narrative genre analysis reveals the prevalence of the ironic-tragic modes of emplotment (...) deployed by reform advocates aiming to subvert the totalizing discourses of the heroic romantic narratives, which are preferred by constitutional conservatives. The paper concludes by discussing the possible reasons for the prevalence of the nation-state as the master narrative in these disputes and the failure of ironic-tragic narratives to mobilize influential forms of ‘asabiyya during the constitutional struggles. The paper empirically contributes to understanding the processes of facilitated or blocked social change in post-Arab Spring societies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

National identity and attachment to national culture have taken root even in this era of globalization. National sentiments find expression in multiple political spheres and cause troubles of various kinds in many societies, both domestically and across state borders. Some of these problems are rooted in history; others are the result of massive global immigration. As US Secretary of State John Kerry tries to broker a new round of Israel-Palestine peace talks, the Israeli government continues expanding its settlements in disputed (...) territories. As this proposal is being written, Japanese citizens are debating whether their politicians should visit the Yasukuni Shrine (靖國神社), where the spirits of fourteen Class A war criminals from WWII and more than one thousand others convicted of war crimes by the International Military Tribunal for the Far East are honored with a distinguished resting place. As the Chinese government’s plan to bring economic prosperity to the Xinjian province unfolds, ethnic conflicts between Han Chinese and local Uyghur Muslims intensify. Tibetans still demonstrate to the Chinese government, some through the dramatic sacrifice of self-immolation, their determination to pursue a Tibet that is truly free and autonomous. The recent inflow of Muslim immigrants across Europa and North America forces those liberal democratic societies to rethink the meaning of multiculturalism. Should the state respect Muslim women’s freedom to wear burkas in public? What about other aspects of certain Muslim traditions such as arranged marriages or the honor killing of teenage girls who see boys their parents do not approve? Since these immigrants voluntarily moved from their homeland to a new society, do they have a duty to give up such practices, which conflict with their new societies’ fundamental commitment to individual autonomy? Eric Hobsbawm suggests that nationalism is a contingent phenomenon in history—it arises with important historical events such as industrialization and print journalism; eventually, it will disappear. Anthony Smith, on the other hand, argues that nationalism is deeply rooted in the human need for collective faith and dignity. How should we understand today’s nationalism? Is it a transient phenomenon that eventually will be eradicated from the world, or is it a timeless issue that confronts and will remain a challenge for every society? Is the conventional distinction between civic and cultural nationalism still relevant or helpful? The problems and ongoing challenges of nationalism are very much alive throughout East Asia where the myth of ethnically and culturally homogeneous nations is still paramount. In addition to the examples provided above, East Asian societies are increasingly multicultural, inevitably forcing their governments to come up with new immigration and border-control policies, revisit their laws regarding labor policies, sociopolitical discrimination, socioeconomic welfare, and, more fundamentally, rethink the constitutional make-up of the citizenry and the ideal of social harmony, one of their most cherished political values. Nevertheless, contemporary theoretical analyses, whether philosophical or empirical, of the phenomena surrounding nationalism, in all its forms, are almost exclusively focused on cases in western cultures and societies, preventing the East Asian people from developing a coherent idea of who they are or should be in a way that can track their deeply-held values and norms (such as Confucianism). One of the primary aims of this conference therefore is to address this ongoing neglect and explore new concepts and theories that are socially relevant in East Asia. Not only will this provide access to the particular experiences of nation, citizenship, and nationalism throughout East Asia but it will bring to bear philosophical concepts, approaches, and styles of reasoning about them that currently are not part of this critical debate. Providing an opportunity to hear these distinct and different East Asian voices and opening up these conceptual and methodological resources to scholars around the world will greatly advance the understanding and appreciation of nationalism. In addition to this primary aim, the proposed conference will achieve two other, novel, and important goals. First, by design, it will bring to bear a multi and interdisciplinary approach to the problems of nationalism. We are not privileging either conceptual or empirical studies in the organization of our conference and will bring together philosophers, political scientists, sociologists, and historians, making every effort to invite scholars who explicitly employ or are interested in exploring different and at times hybrid approaches. Second, we will draw together scholars from around the world: China, South Korea, Japan, Taiwan, North America, and Europe, including leading figures in the field, who will serve as keynote speakers for the conference. Combining these two additional goals will enable us to organize a uniquely diverse conference, both in terms of intellectual discipline and national origin. Along with our primary aim of introducing East Asian voices and theories, this will make our event original, distinctive, and unprecedented in value. Our age is one in which it is unavoidable for people of different cultural backgrounds to live together in many different places. For the sake of justice and stability, a comprehensive re-examination of nationalism is both urgent and necessary. (shrink)

Constitutional reform has been an important means to push populist authoritarian agendas in Hungary, Poland, Turkey and Venezuela. The embrace of constitutional means and rhetoric in pursuit of these agendas has led to the growing recognition of ‘populist constitutionalism’ as a contemporary political phenomenon. In all four examples mentioned above, democracy, popular sovereignty and direct plebiscitary appeal to the people is the rhetorical and justificatory framework for constitutional reform. This, I worry, gives democracy a bad name (...) and reinforces the widespread suspicion that citizens should not be directly involved in constitutional reform as popular participation can lead to dangerous majoritarianism and is easily manipulated by elite actors seeking to weaken constitutional checks and balances. But the problem, I argue, is not inherent in citizen’s participation in constitutional reform. In contrast to populist constitutionalism, I develop an idea of deliberative constitutionalism in which citizens can participate in constitution-making and reform without hijacking constitutionalism for majoritarian, nationalist or anti-pluralist ends. Deliberative constitutionalism as I understand it has four features: a Habermasian co-originality thesis that articulates the interdependence of democracy and liberalism mediated by a conception of discourse; a proceduralized idea of popular sovereignty that reduces the tension between appeal to the people and respect for pluralism; the centrality of the public sphere over the voting booth as the cradle of democracy; institutional innovations intended to include citizens in constitutional reform (including through referendums) but avoid majoritarian and populist pathologies. (shrink)

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory (...) asks the question whether these options are desirable - whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans for constitutional reform or revolution. Frequently, normative constitutional theories are criticized on the ground that they are undesirable, unwise, on inconsistent with the best theories of political morality and legitimate legal authority, but sometimes one hears a very different form of criticism, expressed in locutions such as the following: That is unrealistic. That's not possible. That is pie in the sky. You are imagining castles in the air. Your suggestion is utopian. That isn't feasible. These objections invoke the idea of ephemeral constitutional possibility - constitutional options that are not real or actual possibilities. What are our constitutional possibilities? How should we think about the feasible choice set for constitutional change? What are the differences between ideal and nonideal theory? What role should the ideas of path dependency and second best play in constitutional theory? These inquiries cross the lines between normative, positive, and conceptual constitutional theory. At the conceptual level, we can ask what phrases like constitutional possibility, ideal theory, and the feasible choice set mean. At the level of positive constitutional theory, we can ask about the forces and institutions that condition constitutional possibility. At the level of normative constitutional theory, we can ask about the implications of constitutional possibility for political morality. Constitutional Possibilities proceeds as follows. Part I introduces the idea of ephemeral constitutional possibilities. Part II will cobble together a conceptual toolkit for thinking about possibility and necessity in constitutional theory: the tools include: (a) the distinction between ideal and nonideal theory, (b) the notion of a constitutional second best, and (c) an introduction to possible-worlds semantics. Part III will explore the implications of the resulting proto-theory of constitutional possibility in two stages: stage one will investigate the normative implications, whereas stage two will reconnoiter a set of standards for making modal claims in constitutional arguments. Part IV provides a case study in constitutional possibility by examining Sanford Levinson's proposal for a constitutional convention. Part V concludes with the problem of false constitutional necessity. (shrink)

In the first part, the author characterizes the fundamental contents (principles) of the constitutional state. In the second part, he describes the necessary reforms both at the level of the national constitutional state and at the global and humanity level. In the third part, he examines the methods and procedures of reform in the constitutional state, analysing: a) constitutional formation or complete revision; b) constitutional amendments or partial revision; c) parliamentary constitutional (...) legislation; d) constitutional interpretation; e) government and non‐governmental “outlook” commissions. (shrink)

For the role of utilitarianism in the ethics of war and peace, Shaw suggests there is a Utilitarian War Principle (UWP) and argues that the principles of the just war theory should be treated as intermediate principles that are subordinated to UWP. He also argues that the state should be the primary legitimate authority to wage war and holder of the right of national defense. I argue that the utilitarian approach should be specifically linked with contingent pacifism, a new understanding (...) of pacifism from within the just war tradition, and the utilitarian contingent pacifism only endorses individual self-defense but not national defense. This finding is not only theoretically important but has practical implications for the debate on Article 9 of the Japanese Constitution. Utilitarian contingent pacifism supports the idealist position that Article 9 is morally significant because it makes Japan a pioneer of the new kind of pacifism. (shrink)

In ‘The End of Law’, Bill Scheuerman illustrates the ways normativity, context and decision interlace, putting the lie to Carl Schmitt’s claim that decision is pure will. In doing so, Scheuerman gestures toward a truth about the alchemical nature of constitutions. Like decisions, I argue, constitutions are alchemical mechanisms for actualizing norms and normativizing facts. They accomplish this in part through mediating between dynamic (individual and political) selves before and after the moment of decision or coming-into-force. Schmitt’s (...) error – or perhaps his strategy – is to make static this dynamic process of political self-formation. Viewed as static, it is more difficult to discern the process of normativizing facts and concretizing norms. I show how contemporary populist authoritarians are particularly skilled at harnessing this strategy. Populist authoritarians often use constitutional change to consolidate not just power but constructed identity. They are able to do so because constitutions provide this strategy of dynamic identity formation, which, by generating new normative imperatives, in turn shores up legitimacy. (shrink)

Probably written by a student of Aristotle, The Athenian Constitution is both a history and an analysis of Athens' political machinery between the seventh and fourth centuries BC, which stands as a model of democracy at a time when city-states lived under differing kinds of government. The writer recounts the major reforms of Solon, the rule of the tyrant Pisistratus and his sons, the emergence of the democracy in which power was shared by all free male citizens, and the leadership (...) of Pericles and the demagogues who followed him. He goes on to examine the city's administration in his own time - the council, the officials and the judicial system. For its information on Athens' development and how the democracy worked, The Athenian Constitution is an invaluable source of knowledge about the Athenian city-state. For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators. (shrink)

The concept of the ‘island’ constitutes a unique theme in Deleuze's thought: desert islands and perversion, continental islands and isolated islands, the connection between the emergence of life and orogeny, the relationship between imagination and islands, and the sea as a rhizome. To think from this point of view on Japan, it is neither an isolated island nor an oceanic island in Deleuze's sense. Rather, it is a place where a unique stratum of thought has accumulated like a multilayered plateau. (...) Japan has often been portrayed as a malignant kind of rhizome, as an oriental land, a land of animism. However, the Japanese islands, as part of the Pacific Rim island arc, and, on the other hand, as a place which bears the forces from the continent, can also be depicted as a manifold location, bearing the rhizome called the sea in a unique way. Not only does it have only a virtual signifier = signifiant of One-ness, but it can also be said to hold multiple strata of signifiers = signifiants within its arc between the continent and ocean. My aim in this paper is to explicate this place called ‘Japan’ as a case study of what Deleuze calls geophilosophy in his last book with Guattari, What is Philosophy? (shrink)

Universities are increasingly part of wider geographical processes including international, national and sub-national actors. Universities now find themselves having to pay attention to many more political centres than before, as seen, for example, with research grants, assessments and teaching accreditation from transnational bodies, individual states and regional authorities. As an institution, the university constitutes a place which needs to be situated within a wider space and the geography of power-relations. This article traces these spatial developments in relation to recent (...) policy changes in the Japanese context. The current university reforms, set against the development of the globalising knowledge-based economy and regionalization of innovation policies, are examined in relation to the changing role of universities in multi-spacial innovation systems. (shrink)

This book explains why contemporary liberal democracies are based on historical templates rather than revolutionary reforms; why the transition in Europe occurred during a relatively short period in the nineteenth century; why politically and economically powerful men and women voluntarily supported such reforms; how interests, ideas, and pre-existing institutions affected the reforms adopted; and why the countries that liberalized their political systems also produced the Industrial Revolution. The analysis is organized in three parts. The first part develops new (...) rational choice models of governance, the balance of authority between parliaments and kings, constitutional exchange, and suffrage reform. The second part provides historical overviews and detailed constitutional histories of six important countries. The third part provides additional evidence in support of the theory, summarizes the results, contrasts the approach taken in this book with that of other scholars, and discusses methodological issues. (shrink)

There are three conditions which an item has to fulfill in order to be listed into an inventory. Based on those three conditions, the logically basic entities are introduced: they are points, sets, and collections. These logically basic entities are related with three different logical relations, i.e., “is an element of”, “is a subset of”, and “is a part of” –relations, to constitute concepts. Those three logical relations have different relational properties, and thus they are to be distinguished. The (...) logically basic entities are said to exist whereas the concepts constituted by them are said to subsist. One of the most important results is that we should not mix two inventories together, since otherwise inconsistencies follow. (shrink)

The very idea of the draft European Union (EU) Constitutional Treaty was reexamined after the failed French and Dutch referendums and the Treaty of Lisbon (also known as the Reform Treaty) was drafted and entered into force on 1 December 2009 after it’s ratification by all 27 member states. The traditional notion of a Constitution as a national legal document establishing the social contract and a moral minimum for a particular socially unified group still prevails in legal and political (...) thinking. Indeed, the European Union has some constitutional elements, but absence of the so called ‘European demos’ prevents us from recognizing the founding treaties as a real ‘European constitution’ in the proper sense of the word. The author agrees with the decision to exclude the term ‘Constitution’ from the title and contents of the new Reform Treaty. The author also suggests that softer terms, like ‘European constitutional order’ and ‘European Constitutionalism’ might better reflect the scope of contemporary European integration than the term of ‘a Constitution for Europe’. A rethinking of the ‘constitutional core’ of the Lisbon Treaty was inspired following the so-called Lisbon judgments of Czech, Latvian and German constitutional courts. (shrink)

In several of John Dewey's works on education, including Democracy and Education and The School and Society, he models the ideal school after the ideal community, conceiving the former as a microcosm of the latter. More recently, James Fishkin in Democracy and Deliberation and The Voice of the People renders a deliberative poll design with an eye to making its randomly selected deliberators representative of much larger groups, and in this way microcosms of the population-at-large. Thus, the smaller group deliberates (...) as if it were the much larger population assembled together to deliberate in mass-scale citizen assemblies. Although random selection is not widely accepted as a legitimate method for selecting political representatives, it has many desirable features, the most important of which is its ability to constitute bodies that resemble, and in this sense, represent larger populations. This last notion that smaller deliberative bodies can perform as if they are the larger populations represented-which I call the 'microcosm concept'-is not distinctly American, though many commentators trace it back to the musings of John Adams and some of the Anti-Federalists. In this paper, I argue that insights derived from Dewey's model of an educational microcosm can be appropriated and employed as resources to defend Fishkin's model of a deliberative microcosm against contemporary critics, such as Robert Goodin and Cass Sunstein. Besides defending Fishkin's deliberative poll design against its critics, I also argue that a Dewey-Fishkin partnership can help to improve actual deliberative institutions. I show how the Dewey-Fishkin microcosm concept operates in an actual deliberative event: the Ontario Citizens' Assembly on Electoral Reform, whereby a group of randomly-selected citizens were assembled and charged to deliver recommendations on whether to change the existing electoral system in the Canadian province of Ontario. (shrink)

The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. (...) Originalists argue, to the contrary, that fidelity to the Constitution requires an understanding of its provisions according to the particular conception of the abstract concepts prevalent at the time of enactment, and not those we may now favor. My main purpose in this essay is to put some pressure on the linguistic considerations that are presented in this debate, arguing that they are much more problematic than the proponents of both positions assume. I will try to show that the debate here is actually a moral-political one, mostly about the main rationale of a constitutional regime and the conditions of its legitimacy. It is, primarily, a debate about what constitutions are for, and what makes them legitimate. But I will only get to this moral issue at the end. The main part of the essay will strive to show that the semantic considerations employed in this debate are inconclusive; the way concepts are used in a given context depends on various pragmatic determinants, and those, in turn, depend on the nature of the conversation in question. The moral disagreement is, ultimately, about the kind of conversation that constitutional regimes are taken to establish. (shrink)

Peirce is clearly America's candidate for a place on the roster of the great philosophers. The issues in the philosophy of science, epistemology and the philosophy of mind that were central to his philosophical project just happen to be ones that are still on the center stage on the contemporary philosophical scene. Peirce nowhere gives us a unified official exposition of his own theory of knowledge. We can ilustrate his opinions by the examination of three fundamental forms of inference: (...) deduction, induction and abduction. Demonstration of these kinds of inference is one of the ways how to explain Peirce's theory of scientific inquiry. (shrink)

Contemporary political discourse is marked with the language of democracy, and Western countries in particular seek to promote democracy at home and abroad. However, there is a sublimated conflict in general political discourse between a desire to rely on alleged political experts and a desire to assert the supposed common sense of all men. Can the struggle between the democratic and aristocratic values embodied in this conflict be reconciled? The question is perennial, and raises issues that are central to (...) constitutional design. Aristotle, developing in significant ways insights made by his teacher Plato, grapples with it in his Politics. Aristotle's views on these matters are relevant—by way of the American Founders'—to contemporary American politics and modern democracies generally. During the eighteenth century, the Founders, some of whom explicitly reached back to Aristotle's work, also struggled—especially in The Federalist Papers—with these thorny issues of constitutional design. They created the U.S. Constitution in part to address these very same problems and issues. We are living in some ways, then, in the shadow of Aristotle's political theorizing, albeit as transposed by the American Founders. Both Aristotle and some of the American Founders theoretically favor aristocracy over democracy, but concede that in practice a blend of the two has to be integrated into the fundamental structure of political society. We need to reconnect with these important political discussions in order to come to terms with aristocratic and democratic values in our current circumstances. Footnotesa I am grateful to Fred Miller and David Keyt for many helpful suggestions and thoughtful questions throughout the editing process. I would also like to thank Irfan Khawaja for valuable feedback on an earlier version of this essay. (shrink)

With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. (...) Such clauses demonstrate the many ways in which human rights of those seeking asylum in far-off lands and are potential future immigrants, who often lack much-touted needed papers, yet who are for the most part genuine refugees, are subject to the slings and arrows of political fortune (and misfortune). Approaching the courts if treated unfairly or seeking a further decision as to your fate would seem one of the fundamental premises of human rights. Yet privative clauses—or attempts to ouster the jurisdiction of the courts and to insulate decisions from appeal—have become an increasingly frequent feature of the Australian migration legislation. With a seemingly watertight federal constitutional power set in stone since 1901, to deal with migration and aliens, and without the tempered contemporary update of a federal Bill of Rights, the Australian federal government has been able to narrow the grounds of judicial review in those contexts. We argue that the concerted efforts to deny such fundamental rights of appeal to those most in need of the full armoury of the protection of the law in a modern, affluent democracy, constitutes both a breach of their human rights and a breach of core constitutional principles such as separation of powers. Those principles may not be formally articulated in the text of the Australian Constitution, but in our view they are implicit in the constitutional arrangements, and hence we can conclude with the arguments of former Justice of the High Court of Australia, Michael Kirby, who asked—to whom does sovereignty truly belong? (shrink)

in a nervous system of a given species. This chapter provides a critical perspective on the role of connectomes in neuroscientific practice and asks how the connectomic approach fits into a larger context in which network thinking permeates technology, infrastructure, social life, and the economy. In the first part of this chapter, we argue that, seen from the perspective of ongoing research, the notion of connectomes as “complete descriptions” is misguided. Our argument combines Rachel Ankeny’s analysis of neuroanatomical wiring (...) diagrams as “descriptive models” with Hans-Joerg Rheinberger’s notion of “epistemic objects,” i.e., targets of research that are still partially unknown. Combining these aspects we conclude that connectomes are constitutively epistemic objects: there just is no way to turn them into permanent and complete technical standards because the possibilities to map connection properties under different modeling assumptions are potentially inexhaustible. In the second part of the chapter, we use this understanding of connectomes as constitutively epistemic objects in order to critically assess the historical and political dimensions of current neuroscientific research. We argue that connectomics shows how the notion of the “brain as a network” has become the dominant metaphor of contemporary brain research. We further point out that this metaphor shares (potentially problematic) affinities to the form of contemporary “network societies.” We close by pointing out how the relation between connectomes and networks in society could be used in a more fruitful manner. (shrink)

In the current U.S. context, we are facing a Constitutional crisis with frequent government shutdowns and new policy debates surrounding immigration, climate change, budgeting practices, and the balance of power. With competing interests, unclear policy, and inconsistent leadership directives, the question becomes: How do contemporary bureaucrats make sense of this ethically turbulent environment? This collection provides a lens for viewing administrative decision-making and behavior from a Constitutional basis, as contemporary bureaucrats attempt to navigate uncharted territory. Ethics (...) for Contemporary Bureaucrats is organized around three constitutional values: freedom, property, and social equity. These themes are based on emerging trends in public administration and balanced with traditional ethical models. Each chapter provides an overview of a contemporary ethical issue, identifies key actors, institutions, legal and legislative policy, and offers normative and practical recommendations to address the challenges the issue poses. Rooted in a respected and time-tested intellectual history, this volume speaks to bureaucrats in a modern era of governance. It is ideally suited to educate students, scholars, and public servants on Constitutional values and legal precedent as a basis for ethics in the public sector. (shrink)

The Aretaic Turn in Constitutional Theory argues that an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their (...) commitment to particular positions on particular issues and the fervor of their ideological passions. Part II, Institutionalism and Constitutional Interpretation, engages Cass Sunstein and Adrian Vermeule's recent essay, "Interpretation and Institutions." Sunstein and Vermeule contend that theories of constitutional interpretation are most fundamentally flawed because of their failure to take an institutional turn, but their supporting arguments lead to a related but quite distinct conclusion. Only a theory of judicial character can supply the diagnosis for the ills that Sunstein and Vermeule identify: constitutional theory must take an aretaic turn. Part III, Making the Aretaic Turn in Constitutional Theory, sketches an alternative approach to judicial review and constitutional interpretation that is rooted in contemporary virtue ethics. In Part IV, Constitutional Virtues and Vices, this sketch is given flesh and bones in the form of a theory of constitutional virtue and vice. Excellence in constitutional adjudication requires the virtues of judicial courage, judicial temperament, judicial temperance, judicial intelligence, and judicial wisdom (or phronesis). Most importantly, a virtuous constitutional interpreter must have the virtue of justice, which includes as components impartiality, lawfulness, and legal vision. Part V, The Aretaic Reconstruction of the Institutional Critique, returns to institutionalism as an approach to the theory of constitutional interpretation and argues that institutionalists cannot coherently refrain from making the aretaic turn. The article ends with speculation about the possibility of a path to the restoration of judicial virtue. (shrink)

Brings together ten of the nation's finest and most provocative legal scholars to present their views on constitutional interpretation. All of these papers are very recent, and four were written especially for this volume.

This paper examines heterotopias of homelessness in contemporary Japan. Against received claims about a shift from a social to a post-social form of politics, the paper draws attention to distinct temporal horizons that shape statist and precarious political subjectivities at sites of economic abandonment, complicating generalizations about the demise of the social and the shift to new (post-representational) political practices in neoliberal Japan. In contrast to the politics of representation that continue to mobilize statist social imaginaries around advocacy and (...) care for the homeless, political heterotopias of homelessness index a critical refusal of hegemonic interpellations of home and home-coming. In an effort to expand understanding of the political in Japan, the paper draws attention to the multiple temporalities constitutive of the social space of homelessness. In so doing, it seeks to make visible fugitive forms of political subjectivities beyond statist and neoliberal enclosure, and contribute more broadly to a critical discourse on the nature of politics in contemporary Japan. (shrink)

We will examine the revolts, begun in October of 2019, and currently developing in Chile under three conjoined parts. First, we will not try to theoretically ‘tame’ the revolutionary creature, but rather to plug immanently into the energy of the ‘potentia’ of the revolutionary event. To this extent, we will highlight the shortcomings of a theoretical enterprise that intends to explain it in traditional terms or that thrives for a variant of simple ‘reformism’. Second, and consequently, we will describe how (...) the concept of the constitution is the perfect product of coloniality. Hence, the concept of the ‘constitutional trap’ is not something unique to the Chilean experiment, but that the constitutional idea itself is the main pipeline of coloniality and the most sophisticated product in the contention of democracy. Third, and to encompass and give a particular direction to the previous topics, we will deploy the ‘theory of encryption of power’ and the concept of the ‘hidden people’ to explicate the Chilean phenomenon under a new light, where no past is irrevocable, and no future is necessary. (shrink)

The present paper is an attempt to study the acts and intentions which set up for the subject, and for the community of subjects, a set of values and disvalues which impose themselves as valid upon everyone, and which everyone must tend to prescribe, or to warn against, for everyone. The acts which set up a formal apophantic and ontology have been studied by Husserl in his Formal and Transcendental Logic , but he has not set out a comparable theory (...) of the acts which set up a universally valid system of values and disvalues. He has not done so because he does not believe in such a system, because his thought goes no further than the values set up for and felt to hold in a given group or society. It is my view that there is an ineluctable progress from these relativistic group-values to a set of values and disvalues holding for everyone, and that moreover in their relation to everyone, and that these values and disvalues have definite and undeniable shapes and locations, even if these shapes also have somewhat nebulous contours. The views I am expounding on this occasion are not new: they are fully set out in my Values and Intentions and my Axiological Ethics and in other writings. Ideas, however, require restatement at intervals, with a suitable change of idiom and emphasis. And I feel my views on this topic to have a claim to truth simply because, quite differently from my views on other topics, and despite constant reflection, they have hardly changed over the last two decades. The inspiration for these views was only in part Husserlian, as I do not think that the emotional and the axiological are really Husserl's strong suit. Strangely enough, that dry thinker Meinong would seem to have had a much richer emotional life and the ability to frame a theory to fit it, than the much easier and at times effusive thinker Husserl. Meinong's 1917 Austrian Imperial Academy treatise, On Emotional Presentation , recently translated for the Northwestern Phenomenology series, is a much more systematic investigation of the presuppositions of value-theory than any writing of a professed phenomenologist. What I have to say will build considerably on Meinong, always a major influence in my thought. But I have also been much influenced in my approaches to value-theory by the transcendental methods of Kant. Kant, I think, could very well have worked out a transcendental deduction of the heads of value and disvalue, a deduction much more illuminating than the dogmatic intuitionism of Scheler and Hartmann, instead of producing the arid triad of categorical imperatives that were all that he actually deduced. Imperatives, I consider, are secondary structures in value-constitution: the primary structures are the ultimate objects of necessary, rational pursuit and avoidance which Kant wrongly thought of as involving heteronomy and a corruption of pure form by matter. There is, I shall argue, nothing more free from extraneous, pathological material than the objects of the pursuits and avoidances in question. (shrink)

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an (...) emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism. (shrink)

This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously form (...) their own independent conception of the good, rather than merely following others, culture must be democratically controlled. Equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. This article contends that the contemporary American legal order fails to guarantee that all cititizens have roughly equal opportunities to shape and influence their shared culture. Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production. (shrink)

Philosophers of mind have not in general been very attentive to metaphysics. This book is a salutary exception to this general observation. A philosopher of mind—at least the body of her very influential work would be classified by most philosophers as belonging to the philosophy of mind—attempts to ground a theory of the relation between human persons and their bodies in an extended essay on the metaphysics of the natural world. Baker is a materialist : in her book, you and (...) I and everyone we know is a material thing. But then how are we material persons related to our bodies, which are also material things? Unlike many materialists, she rejects the following answer to this question: We are identical with our bodies. The bulk of this review is no more than a summary of her answer to the “person-body question.” My summary will use language very different from hers, since it will rely heavily on the language of parthood, and she is extremely hostile to any attempt to use the concept “part” in connection with her theory. Nevertheless, the use I make of this concept is innocuous, and my representation of her answer to the person-body question is accurate. (shrink)

Magna Carat is a highly significant document that found the way into the rights and the constitutions. Magna Carat is a symbol of human and constitutional rights. Social insurance is part of the social security and the recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris and furthermore the European Conventions on (...) Human Rights, specially the article 6. Magna Carat demonstrated the limitations from the arbitrarily. Magna Carat is a foundation of the powers of Parliament and the legal principles, as the rule of law, the rule that everybody has equality before the law. It promised the access to justice. In that respect Magna Carta is still a challenge for many states and officials. The myth of Magna Carta is the protection of the personal rights and is held in great respect by the legal communities against the arbitrary of the authority In respect of the aim of this international conference to see the way how these principles have found their implementation in contemporary legislations as well as to identify the problems that occur regarding these rights, an overview of the Albanian right to appeal for the social insurance rights. The right to appeal to higher authorities against any decisions and the judicial review against the unfavorably resolved appeals. (shrink)

The chances of the project of a “cosmopolitan order” being successful are not worse now than they were in 1945 or in 1989–1990. This does not mean that the chances are good, but we should not lose sight of the scale of things. The Kantian project first became part of the political agenda with the League of Nations, in other words after more than 200 years; and the idea of a cosmopolitan order first received a lasting embodiment with the (...) foundation of the United Nations (UN). This process points toward a continuation of the Kantian project. We can still take our cue from Kant's idea of a cosmopolitan condition if we simply construe it in sufficiently abstract terms. I wish to show first of all why I consider the Kantian alternative between a world of republic and a league of nations to be incomplete (section I) and will then go on to outline how we can reconceptualize the Kantian project under contemporary conditions (section II). And I shall close by addressing an actual challenge to which that project might well offer the most promising response (section III). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rethinking "Intersectionality":Michelle Obama, Presumed Subjects, and Constitutive PrivilegeErin C. TarverIn February 2008, Michelle Obama famously said to a gathering of supporters, "For the first time in my adult life, I am really proud of my country." (Associated Press 2008). Her comment was swiftly seized upon by journalists and members of rival political campaigns, who used it to portray Mrs. Obama as "angry" and unpatriotic. In the weeks that followed, (...) Mrs. Obama's undergraduate sociology thesis on black students at Princeton was cited as further evidence of her supposed racial resentment and lack of patriotism, and there were widespread rumors that an audiotape existed of her using the word whitey.1 Around the same time, Fox News ran a headline referring to Mrs. Obama as "Obama's Baby Mama" (Koppleman 2008). Subsequently, there was a concerted effort on the part of Mr. Obama's campaign to "soften" her image through appearances on the shows The View and Paula's Party, and a speech at the Democratic National Convention that highlighted her motherhood and adoration of her husband, and avoided mention of her own career or political work. Despite such efforts, and perhaps in tension with the Obama family's general popularity following Mr. Obama's election, Mrs. Obama was later characterized by a cable news pundit as being reminiscent of "Stokely Carmichael in a designer dress" (The O'Reilly Factor 2009) and thus as a potential political liability for the Obama administration.While some feminists decried the "momification" (Traister 2008) of Michelle Obama as an act of appeasement by an administration that would [End Page 150] capitulate to the oppressive expectations of a public unwilling to find expressions of independent thought or professional ambitions appropriately First Lady-like, other critics noted that Mrs. Obama was being reviled more for daring to suggest that the United States' racial history was far from being strictly historical, opening her to the charge of being an angry Negro—while, ironically, being accused of "playing the race card." Others have pointed out that specific formulations such as "baby mama" are illustrative of the fact that such representations of Mrs. Obama are not easily classifiable as either sexist or racist, but instead draw on both sorts of tropes, as have such familiar representations of black women as promiscuous, or as militant, emasculating mammies.In this article, I consider methodologies for theorizing the function of such oppressions in the public discourses surrounding Michelle Obama, and suggest that a consideration of their manifestations in this context illustrates the need for more complex theoretical tools that can problematize the constitutive effects of such discourse for a multiplicity of subjects. Through parallel analyses of Beauvoir's The Second Sex and Fanon's Black Skin White Masks, I foreground the theoretical pitfall the consideration of sex- or race-based oppressions tends to occasion: the tacit presumption of some ostensibly "neutral" subject whose constitution is inadequately addressed. I suggest, with theorists of intersectionality, that this problem will not be solved merely by the addition of alternative explanatory frameworks (e.g., adding racism to sexism as a discrete phenomenon), since doing so is neither adequately representative of the experience of oppressions nor sufficient to the task of undermining the normative/perverse dichotomy or presumption of generic subjectivity that sustains them. However, I also argue that the work of intersectionality theorists should be taken farther than it has frequently been in the past (which, though given lip service by much of the feminist community, has not always been taken to imply the need for a major methodological shift), extending its insights to offer a critique of foundational subjectivity. Concomitantly, I argue that a failure by feminist philosophers to offer this critique could unintentionally result in the reinscription of the normativity of particular sorts of subjects—which is precisely what theorists of intersectionality have been concerned to call into question. I suggest that an analysis of the discourse surrounding Michelle Obama demonstrates that insofar as the intersectionality paradigm is understood merely to require the interrogation of overlapping oppressions on a given subject or subjects, and thus as leaving uninterrogated the constitutively privileging and subjectivizing effects of oppressive discourse, uses of intersectionality will reiterate... (shrink)

Perhaps one of the most controversial aspects of Hegel's Philosophy of Right for contemporary interpreters is its discussion of the constitutional monarch. This is true despite the general agreement amongst virtually all interpreters that Hegel's monarch is no more powerful than modern constitutional monarchs and is an institution worthy of little attention or concern. In this article, I will examine whether or not it matters who is the monarch and what domestic and foreign powers he has. I (...) argue against the virtual consensus of recent interpreters that Hegel's monarch is far more powerful than has been understood previously. In part, Hegel's monarch is perhaps even more powerful than Hegel himself may have realized and I will demonstrate certain inconsistencies with some of his claims. My reading represents a distinctive break from the virtual consensus, without endorsing the view that Hegel was a totalitarian. (shrink)

Lynne Rudder Baker and many others think that paradigmatic instances of one object constituting another—a piece of marble constituting a statue, or an aggregate of particles constituting a living body—involve two distinct objects in the same place at the same time. Some who say this believe in the doctrine of temporal parts; but others, like Baker, reject this doctrine. Such philosophers, whom one might call “coincidentalists”, cannot say that these objects manage to share space in virtue of sharing a temporal (...) part confined to just that place and time. But what can or should coincidentalists say about the nature of constitution? Many have analyzed the relation as one of sharing, “at some level”, all and only the same parts. Most have agreed that such massive part-sharing is at least a central component of and necessary condition for constitution. The heart of Baker’s Persons and Bodies, and its most significant contribution to the development of coincidentalism, is a theory of constitution that makes no appeal to mereology. The leading idea in Baker’s account is, instead, a modal one: objects belonging to constituted kinds are the necessary result of putting objects belonging to appropriate constituting kinds in the right circumstances, circumstances which the constituting objects need not have been in. So putting a piece of man-shaped marble in the right circumstances necessarily results in the existence of a second object, a statue, constituted by the marble; but the piece of marble need not have fallen into these circumstances or any others in which it would constitute a statue. (shrink)

While Japanese society in some respects appears to be very coherent, its history has frequently been one of internal tension and strife. Factionalism is strong even today, and takes both political and religious forms. When the indigenous Shinto religion was harnessed for political and ideological purposes in the 19th century, during a time of rapid national development, life was made very difficult for other religions such as Buddhism. The post-war Constitution of 1946 provided for the equality of all religions (...) under the law and the separation of religion, in particular Shinto, from the state. Since then, however, there have been a series of politically controversial questions, one of the most important being that of the legal status of Yasukuni Shrine, a Shinto institution, at which the war dead are commemorated. Various Buddhist and Christian groups have strongly opposed a movement to reconvert this shrine into a national institution. Since Yasukuni Shrine is at the centre of such sharp controversy, on which Chinese and Korean leaders have also recently commented, it will be introduced in some detail. At the same time Shinto in general, while ethnically oriented, has other important aspects, and some of its contemporary leaders seek international dialogue on subjects such as bio-ethics and environmental issues. (shrink)

Interactionism has emerged as a promising approach to moral character in the wake of the situationist challenge and the character-situation debate. This paper will consider whether interactionism is troubled by a familiar problem from the philosophy of mind: the coupling-constitution or causal-constitution fallacy. In relation to character, this issue pertains to whether the external factors featured in interactionist models are partly constitutive of the agent’s character, or whether they merely play a causal role. In contrast to some other interactionist theorists, (...) I argue that interactionism doesn’t need to make distinctions regarding causation and constitution, and would be better off without attempting to do so. Making such claims would only add metaphysical baggage to interactionism that won’t aid in its goal of providing an empirically adequate moral psychology of character. Interactionists are thus better off evading the C-C fallacy challenge, rather than attempting to meet it head-on. (shrink)

This article focuses on the work of Black and Asian women playwrights in Britain and examines their position as constitutive subjectivities in contemporary British culture. It suggests that recent developments in theatre studies such as the emphases on the postcolonial, intercultural, world theatre and performance art, which have emerged simultaneously with these playwrights’ work and might have offered some critical reception of their work, have not done so because of their maintenance of a colonial cultural imaginary that is more (...) engaged with the elsewhere and the ‘other’ than with the here and now and the diasporic reality of contemporary Britain. Utilizing Avtar Brah’s concept of the ‘diaspora space’, the article argues that Black and Asian women playwrights’ work in Britain not only demands an interrogation of British theatre as a ‘white’ space but also asks that we accept Britain as a diasporic space. (shrink)

Traditional Chinese culture, Confucianism, in particular, has a non-individualist conception of what it is to be human. It conceives of people fundamentally as members of social groups—specifically, the family, the clan, the political community and the state—not as atomic individuals as perceived in modern society. The communist ideology since the middle of the last century also emphasizes the significance of ‘the common good’ of the state which describes a specific ‘good’ that is shared and beneficial for all (or most) members (...) of a given community. Nevertheless, marketization and decentralization in China today have significantly challenged the notion of a state-oriented community that directly impacts China's healthcare system, beginning with the dismantling of the rural collectives and state-owned enterprises as part of the reform and opening process. This article will address healthcare challenges in China today, examining the conceptual/ethical issues raised by public healthcare, and contending that public health concerns should go beyond the dichotomy between individualism and collectivism. The article will argue that the family-oriented model of Confucianism offers an alternative way to look at what constitute a community and common goods. The Confucian approach to ethics is relevant to healthcare today. For example, it will be much easier to find a shared idea of common good in terms of complicated issues like healthcare; it would make sense to give a larger role to families via family savings accounts, and not have everything determined by the government. (shrink)

Mitchell Franklin completed fifty years of scholarship in law and philosophy, having written more than seventy-five major articles since 1932. In spite of his international prominence as a legal scholar, there has not yet been an in-depth study of his work. The difficulty of such an enterprise is due in part to his highly original approach to Roman law, the French Encyclopedist influences on American thought, and Marxist themes in law. In his work on the U.S. Constitution, Franklin has (...) left a corpus of writings dealing with the first, titth, eighth, ninth and fourteenth amendments, the sections of the Constitution dealing with judicial review, impeachment, the guarantee clause, and the historical influences on the framers of the Constitution. (shrink)

The first part of this paper argues that if Craver’s ([2007a], [2007b]) popular mutual manipulability account (MM) of mechanistic constitution is embedded within Woodward’s ([2003]) interventionist theory of causation--for which it is explicitly designed--it either undermines the mechanistic research paradigm by entailing that there do not exist relationships of constitutive relevance or it gives rise to the unwanted consequence that constitution is a form of causation. The second part shows how Woodward’s theory can be adapted in such a (...) way that (MM) neither undermines the mechanistic paradigm nor reduces constitution to causation. However, it turns out that this modified theoretical embedding of (MM) makes it impossible to produce empirical evidence for constitutive relations. The paper ends by suggesting an additional criterion, the fat-handedness criterion, which, when combined with (MM), generates indirect empirical evidence for constitutive relevance. (shrink)

This paper starts with questioning the traditional approach to the so-called intercultural communication. Most students of intercultural communication, it seems, use the categories characterising a cultural or ethnic identity, such as Western, Indian, European, Aboriginal and the like, as parameters by reference to which some distinctive phenomena observed in conversational materials should be explained. Even though they may apply these categories correctly, they do not take into account the relevancy of these categories in each interaction.The aim of this paper is (...) to demonstrate that being a Japanese is achieved interactively and that interculturality of intercultural communication is constituted in and through the actual course of the interaction. In the analysis of interviews conducted with foreign students in Japan, it can be seen that the interviewer and the interviewee had to keep on coordinating their conduct throughout the development of their interaction in order that they could be a Japanese and a foreigner relevantly. In this way, what, in the studies of intercultural communication, is presupposed to be simply given, that is, the fact of a person being a Japanese or the like, is shown to be analysable and investigable as an interactive phenomenon in its own right. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 161-181 [Access article in PDF] Translating Liberty in Nineteenth-Century Japan Douglas Howland A concept of liberty was but one element of the Japanese engagement with western political theory after the Perry intrusion of 1853, when United States warships led by Commodore Matthew Perry forced Japan to negotiate a commercial treaty with the U.S. This scandal, which ultimately led to the (...) Meiji Restoration of 1867, immediately reorganized scholarly priorities among those intellectuals interested in western knowledge and technology. Western learning under the "feudal" Tokugawa regime (1603-1867) was organized as "Dutch studies" because the Dutch were the sole European trading partner of Japan from 1641 to 1854. Dutch studies paid particular attention to European mathematics, astronomy, geography, natural history, and the Dutch language. The Perry intrusion, however, prompted the rise of "western learning": language study quickly expanded to include English, French, and German; and the content of learning emphasized European law and political philosophy. But the concepts that defined this content of western thought did not translate well; they did not fit naturally with existing Japanese concepts. Hence the translation of western political theory necessitated the invention of new terminology with which to engage the new political language. Accordingly, Japanese efforts to translate western political theory must be understood as both problems of language, the creation and circulation of new concepts, as well as problems of action, and the usage of new concepts in debates about the programs and policies to be implemented in a "westernizing" Japan. 1 [End Page 161]The scholars who figure in this essay--Kato Hiroyuki, Tsuda Mamichi, Nishi Amane, Kanda Takahira, Fukuzawa Yukichi, and Nakamura Keiu--were all key figures in the intellectual passage from Tokugawa to Meiji, from Dutch studies to western learning. They began their careers in the Tokugawa institute for Dutch studies; most traveled to Holland, England, or the United States during the 1860s; and after the Meiji Restoration they became intellectual and educational leaders under the new administration. 2 In addition to founding private academies or filling prominent government posts, they created the first literary society, the Meiji Six Society (named after the year of its founding, the sixth year of the Emperor Meiji's reign, 1873), which sponsored public debates, published these proceedings in the Meiji Six Journal, and so hoped to promote enlightenment among the Japanese people. In addition to introducing public debate to Japan, this transitional intelligentsia was involved in the fundamental work of creating the language in which to raise issues of constitutional form or personal freedoms. In their translations of western texts and original texts about western law and political philosophy they created the neologisms to translate western concepts and participated in the standardization of terminology that made western knowledge coherent.The two concepts discussed in this essay, which were among the first to figure prominently in intellectual debates of the early 1870s, were "liberty" and "religion," the pairing of which in the debate over freedom of religion from 1872 to 1874 was crucial in defining a Japanese conception of liberty. Although religious liberty arose in western Europe as a result of the conflict between church and state authorities, the issue in Japan was a direct challenge to the new central government's attempt to decree a national Shinto doctrine in 1868. As the sole case of unanimous support for personal liberty among the transitional intelligentsia, the debate over freedom of religion determined key distinctions between private and public behavior that defined the Japanese conception of "liberty" for the duration of Japan's imperial constitution (to 1945). As a right of individuals, liberty resided in the exclusively private domain of thought, conscience, and religious faith. As a public matter the people's liberty necessarily gave way to government maintenance of public order.In part this essay responds to the work of Japanese philologists who study the translation and standardization of modern Japanese vocabulary. Much of this work is based on dictionaries; a word is said to have become standard as it appears in greater numbers of Japanese-Chinese, Japanese... (shrink)