A new selection from the Federalist Papers with a helpful introduction that explains the origins of these papers and their reception since their publication. Careful annotative and bibliographical indices offer excellent aids for an intelligent appreciation of these famous papers.--R. J. B.

In lieu of an abstract, here is a brief excerpt of the content:“Unauthorized Propositions”The Federalist Papers and Constituent PowerJason Frank (bio)The PEOPLE, who are the sovereigns of the State, possess a power to alter it when and in what way they please. To say otherwise is to make the thing created, greater than the power that created it.—Anonymous, Federal Gazette, March 18, 1789The we of the Constitution’s “We the People” was as much of an artificial construct as the (...) Constitution itself, it was its creature, not its creator.—Sheldon Wolin, The Presence of the PastIn Federalist No. 40, James Madison engaged the vexing question of whether the Philadelphia Convention of 1787 had been properly authorized “to frame and propose” the new Federal Constitution of the United States [83]. Madison explored there “the ground on which the Convention stood” [264], which he identified as the purportedly solid foundation of the people themselves [Morgan 272]. Federalist No. 40 offers a theoretically probing yet avowedly practical reflection on the availability of foundations and on dilemmas of popular authorization in times of constitutional crisis; it may be productively read as an exemplary eighteenth-century American reflection on a state of exception. As such, Federalist No. 40 provides helpful orientation to how the popular constitutionalism of the revolutionary and postrevolutionary years confronted and navigated—if never fully resolved—some of the most insistent paradoxes of modern democratic theory.In No. 40, Madison was preoccupied with the theoretical and historical dilemmas surrounding the eighteenth-century American conception of the people’s constituent power—that is, the ultimate power of the people to alter fundamental law “when and in what way they please.”1 However, in contrast to most contemporary theoretical approaches to constituent power—whether influenced by the political theology of Carl Schmitt or the immanentist optimism of Michael Hardt and Antonio Negri—Madison’s navigation of the attending dilemmas of popular authorization resisted the turn to metaphysical abstraction and the appeal to a transcendent or immanent absolute. In his approach to the problem of constituent power, Madison insisted on the productive irreducibility of institutional mediation and the performative elicitation of a retrospective authorization by the people. While accepting the absence of a firm ground of legal authorization (the unbroken authority of law), Madison also rejected a wholly extralegal or unmediated appeal to the people themselves (the transcendental appeal to spirit beyond the letter of the law). Instead, he endorsed a political navigation of these dilemmas in medias res. Confronting [End Page 103] the dilemma of constituency—how does the people give birth to itself as a self-authorizing subject?—Madison shifted the register of discourse away from the formal and juridical and toward the informally ethicopolitical. Doing so, he was able to affirm a rupture in law while simultaneously enlisting another register of normative continuity. This essay outlines Madison’s productive encounter with these dilemmas in The Federalist, and suggests the relevance of his example for recent debates in democratic theory, too often captivated by the formal rubrics of “norm” and “exception.”1The government which [the Federalists] are so enthusiastically fond of is as yet an ideal phantom, a chimera, a mere theory detested and execrated by every true friend to government.—“One of the People,” Carlisle Gazette, January 9, 1788Madison wrote Federalist No. 40 as a response to widespread and persuasive Anti-Federalist claims that the Philadelphia Convention had exceeded the mandate granted to it by the Annapolis Convention of 1786 and the Congressional Act of 1787, both of which authorized the meeting of the Philadelphia Convention “for the sole and express purpose of revising the Articles of Confederation” [259]. While the Philadelphia Convention was, in Bruce Ackerman’s words, “expressly subordinated to existing institutions and procedures” [Ackerman 43], it had nonetheless produced an entirely new constitutional text and—theoretically more problematic for Madison—an entirely new procedure for its popular ratification [see also Ackerman and Katyal]. Under Article 13 of the Articles of Confederation, constitutional reform could come about only through the unanimous assent of the thirteen state legislatures.2 Under the Philadelphia Convention’s plan, the ratification of the proposed constitution would bypass the constituted power of the state legislatures and appeal instead to the... (shrink)

Since Charles Beard first focused attention upon it in 1913, the Tenth Federalist Paper has been at the centre of the debate concerning the foundations of the American republic. Specifically, there have been three primary interpretations of this document. Each corresponds to one of the three major traditions of interpretation that have dominated the study of American political thought in the twentieth century. Each also points towards and has been evoked in the service of drastically different political philosophies.

El siguiente trabajo se propone analizar críticamente la concepción clásica y monológica de la imparcialidad del juez, su respectivo correlato institucional y las consecuencias para interpretar el vínculo que debería tener con los afectados. Para ello se realiza un análisis reconstructivo de El Federalista de Hamilton, Madison y Jay. En primer lugar, se analiza en tal documento el concepto de imparcialidad y sus supuestos teóricos. En segundo lugar, se señala el modelo constitucional derivado. En tercer lugar, se muestra cómo, a (...) pesar de los giros y la distancia teórica del "nuevo constitucionalismo", algunas de las ideas subyacentes en El Federalista permanecen vigentes. Finalmente, el trabajo intenta poner en práctica el marco teórico-normativo de la democracia deliberativa para el análisis histórico reconstructivo de la teoría constitucional. The following work intends to critically analyze the classic and monological conception of the Judge´s impartiality, its respective institutional correlate and the consequences to understand the bond that should have with those affected. For this, a reconstructive analysis of The Federalist by Hamilton, Madison, and Jay is made. In the first place, the concept of impartiality and its theoretical assumptions are analyzed in such document. Second, it shows how, despite the turns and transformations of the "new constitutionalism", some of this assumptions remain applicable. Finally, the paper attempts to put into practice the normative theoretical framework of deliberative democracy for the historical reconstructive analysis of constitutional theory. (shrink)

While the drafting of the American Constitution in the summer of 1787 is recognized as a contentious period, the ratification of the proposed Constitution in each of the states held its own challenges. The Federalist Papers are widely seen as providing the case for the confidentially crafted Constitution, particularly in the state of New York. Yet the extent to which they played a role in convincing citizens and delegates at the time remains unclear. This essay seeks to understand (...) the role that these 85 Federalist Papers played in the Ratification debate in the state of New York. (shrink)

The paper presents a novel take on the character of South Africa’s governance structure. It argues that, insofar as it constitutionally recognises traditional authorities, figures who rule in accordance with idiosyncratic and localised customary laws, as well as instigate a cheek-by-jowl existence of an asymmetrical property law (where in the urban setting land is nominally bought or transferred for sale, but in traditional rural areas granted by the chief), manifest in the differentiated land laws brought about by the Communal Land (...) Rights Act of 2003, is more akin to, and necessitates a definitional alignment with, the federal system of government than a unitary one – or at least a weak “federalism with South African characteristics.”. (shrink)

This paper provides an argument in favour of federal institutional design on the basis that it is more congenial to the preservation and promotion of normatively desirable societal diversity than its unitary alternative. Seeking inspiration in the work of three of the most influential liberal thinkers of the nineteenth century: John Stuart Mill; Alexis de Tocqueville; and Lord Acton, I construct a novel case for federalism that focuses on the inherent benefits of a dual/multi-layered governmental structure. Section one argues for (...) the value of diversity, stating that it can both improve the authenticity of individually exercised autonomy, and improve the quality of individually espoused moral views. Section two considers the potential dangers posed by the unitary state to the flourishing of diversity through the centralisation of key institutions. Section three shows how the federal model sidesteps these pitfalls, and offers a more auspicious environment for the cultivation and enjoyment of diversity. (shrink)

This paper explores the relationship between federalism and individual liberty. It is shown that a complete treatment of the relationship between federalism and individual liberty should consider two countervailing effects. On the one hand, a federalist structure enhances individual liberty by enlarging the choice set of the citizens. On the other hand, however, a federalist system leads to institutional diversity, a fact that per se leads to higher exit costs, which a citizen must bear if he or she (...) decides to change jurisdictions. This effect on individual liberty is a negative one, since a consequence of every increase in the exit costs is a decrease of individual liberty. The optimum range of diversity of jurisdictions is shown to lie where the two effects counterbalance each other. (shrink)

In their History of Canadian philosophy, The Faces of Reason, Leslie Armour and Elizabeth Trott introduce the concept “philosophical federalism” to describe a tendency shared by many of the early Canadian idealists, a willingness to attempt to understand and accommodate philosophical positions opposed to their own. In this paper I wish to examine the relationship this concept bears to another one, which many still regard as merely an Utopian ideal, that of world federalism.

In this essay, I make the interpretive claim that we cannot properly understand the Federalist without appreciating the extent to which the papers mount a sustained rejection of extra-constitutional democracy—practices in which people aim to assert authority over the terms of common life in ways that are not sanctioned by existing laws. I survey such practices, which were common in America before and after the Revolution. I argue that there is continuity between Publius’s justification for rejecting extra-constitutional democracy (...) and his justification for his preferred system against constitutional alternatives. Adequate analysis and evaluation of the Federalist’s arguments about faction, representation, and institutional design require attention to the double duty the arguments play against constitutional and extra-constitutional opposition. This interpretive argument supports several analytic and evaluative conclusions. First, we must distinguish a new form of “non-hierarchical dualist” constitutionalism, according to which irregular democratic activity need not be limited to extraordinary “constitutional moments” or revolutions. Second, the politically egalitarian character of procedures depends not on the procedures alone, but how the maintenance of such procedures limits other forms of democratic practice. Third, the argument suggests a novel defense of “uncivil” disobedient politics: one grounded not in contributions to democratic deliberation, but in the entitlements of citizens to direct assertions of authority over common life. (shrink)

The contributions presented in this special issue bring to light the complexity of fiscal decentralization and consequently the need for a better understanding of the dynamics of fiscal federalism. This is precisely what that paper attempts to do by first reviewing briefly the standard arguments in favour of decentralization as well as the arguments against it. What is most missing, however, in these standards arguments is a reflection on the dynamics of fiscal federalism and, more generally, on the dynamics of (...) fiscal systems. A large part of the paper is therefore devoted to the identification of the main forces governing such dynamics. A parallel with the market processes helps us to single out features which are shared by both process: the use of local knowledge, the possibility of comparing different products, and more generally, the incentive to discover new paths. Surely, it is more costly to citizens to change the fiscal regime than it is to change goods or services; but precisely, decentralization should reduce these costs hence accelerate the discovery process. Hence, because of the dynamics to which it gives birth, fiscal decentralization appears desirable even if its benefits might arise only after some learning process takes place and even if some fiscal incoherency might prevail during that process.Les contributions présentées dans ce numéro spécial mettent en lumière la complexité de la décent- ralisation du système fiscal et donc la nécessité pour une meilleure compréhension de la dynamique du fédéralisme fiscal. C’est précisément ce que cet article essaie de faire dans un premier temps en passant en revue brièvement les arguments standards en faveur de la décentralisation aussi bien que les arguments opposés. Ce qui manque le plus, cependant, dans ces arguments standards, c’est une réflexion sur la dynamique du fédéralisme fiscal et plus généralement sur la dynamique des systèmes fiscaux. Une grande partie de l’article est ainsi consacrée à l’identification des principales forces qui gouvernent une telle dynamique. Un parallèle avec le processus de marché nous aide à établir des modèles partagés par ces processus : l’utilisation de la connaissance locale, la possibilité de comparer différents produits et plus généralement, le stimulant de la découverte de nouveaux sentiers. Evidemment, il est plus coûteux pour les citoyens de changer de régime fiscal que de changer de bien ou de service ; mais précisément, la décentralisation devrait réduire ces coûts en accélérant le processus de découverte. Désormais, grâce à la dynamique à laquelle elle donne naissance, la décentralisation fiscale apparaît désirable même si les bénéfices peuvent ne venir qu’à la suite de processus d’apprentissage et même si quelques incohérences fiscales subsistent durant ce processus. (shrink)

Research on federalism is rarely concerned with its philosophical foundations. However, arguments on why and how best to organise a plurality of states in a multilevel political order have first been discussed by philosophers and continue to inspire contemporary reasoning on international and supranational relations not only in political philosophy. This book offers a unique overview of the philosophical foundations of federalism from both a historical and a systematic perspective. The analyses proposed by renowned scholars from the US and from (...) several European countries cover classic writers such as Hobbes and the authors of the Federalist Papers, Kant and Rawls, and range from anthropological justifications of federal orders to contemporary problems of EU constitutionalism, the principle of subsidiarity and the jurisdiction of the European Court of Human Rights. The book is of relevance to anyone interested in philosophical justifications of federalism. (shrink)

China does not have a federalist system of government. Nevertheless, with deepening reform and openness, China's political system in terms of central–local relations is functioning more and more like federalism. Federalism as a functioning system in China has been understudied. This paper defines the political system existing in China as defacto federalism, and attempts to explore the sources and dynamics of this defacto federalism. China's defacto federalism was mainly driven by two related factors, i.e. decentralization and globalization. This paper (...) argues that while economic decentralization in the 1980s led to the formation of defacto federalism, globalization since the 1990s has accelerated this process and generated increasingly high pressure on the Chinese leadership to institutionalize existing defacto federalism. (shrink)

The purpose of this paper is to address the question of whethercomputer source code is speech protected by the First Amendmentto the United States Constitution or whether it is merelyfunctional, a ``machine'', designed to fulfill a set task andtherefore bereft of protection. The answer to this question is acomplex one. Unlike all other forms of ``speech'' computer sourcecode holds a unique place in the law: it can be copyrighted, likea book and it can be patented like a machine or process.Case (...) law, intellectual property law and encryption exportregulations all reflect this contradictory dichotomy. (shrink)

"The Federalist" is commonly read as an exemplar of political realism. However, alongside Publius' arguments against the enthusiastic imagination --its tendency to inflame the passions, betray the intellect, and subvert political authority--are formative appeals to the imagination 's role in reconstituting the public authority shaken during the postrevolutionary years. This essay explores three central aspects of Publius' restorative appeal to the imagination : the appeal to the public veneration required for sustaining political authority across time; the strategies for shifting (...) citizen loyalty from the state and local level to that of a newly energized federal government; and the rhetorical elicitation of the public's imagination in aestheticized portrayals of Providential nationality. These aspects of Publius' argument make up the core of "The Federalist's aesthetics of rule. In each instance, Publius invokes the imagination as a heteronomic support to navigate familiar dilemmas of democratic self-authorization. (shrink)

In der politischen Theorie des Liberalismus ist die rechtliche Verfassung eines Gemeinwesens von Anfang an zumindest implizit Thema gewesen. Bereits in Lockes zweiter „Abhandlung über die Regierung“ manifestiert sich die erste Handlung eines konstituierten ‚body politic‘ im Akt der Konkretisierung des natürlichen Gesetzes bzw. der Einrichtung einer Legislative. Das Thema ‚Verfassung‘ wird dann in der zweiten Hälfte des 18. Jahrhunderts ausführlich abgehandelt in den Federalist Papers (und zuvor bereits in Rousseaus Korsika-Schrift).

From the Upanishads to Homer -- Philosophy, did the Greeks invent it -- Pythagoras and the divinity of number -- What is there? -- The Greek tragedians on man's fate -- Herodotus and the lamp of history -- Socrates on the examined life -- Plato's search for truth -- Can virtue be taught? -- Plato's Republic, man writ large -- Hippocrates and the science of life -- Aristotle on the knowable -- Aristotle on friendship -- Aristotle on the perfect life (...) -- Rome, the Stoics, and the rule of law -- The Stoic bridge to Christianity -- Roman law, making a city of the once-wide world -- The light within, Augustine on human nature -- Islam -- Secular knowledge, the idea of university -- The reappearance of experimental science -- Scholasticism and the theory of natural law -- The Renaissance, was there one? -- Let us burn the witches to save them -- Francis Bacon and the authority of experience -- Descartes and the authority of reason -- Newton, the saint of science -- Hobbes and the social machine -- Locke's Newtonian science of the mind -- No matter? The challenge of materialism -- Hume and the pursuit of happiness -- Thomas Reid and the Scottish school -- France and the philosophes -- The federalist papers and the great experiment -- What is enlightenment? Kant on freedom -- Moral science and the natural world -- Phrenology, a science of the mind -- The idea of freedom -- The Hegelians and history -- The aesthetic movement, genius -- Nietzsche at the twilight -- The liberal tradition, J.S. Mill -- Darwin and nature's "purposes" -- Marxism, dead but not forgotten -- The Freudian world -- The radical William James -- William James' pragmatism -- Wittgenstein and the discursive turn -- Alan Turing in the forest of wisdom -- Four theories of the good life -- Ontology, what there "really" is -- Philosophy of science, the last word? -- Philosophy of psychology and related confusions -- Philosophy of mind, if there is one -- What makes a problem "moral" -- Medicine and the value of life -- On the nature of law -- Justice and just wars -- Aesthetics, beauty without observers -- God, really? (shrink)

This paper seeks to determine the relationship between anarchy and democracy in Proudhon’s thought, considering the place of the conflict in this autor. The first part exposes what Proudhon names antagonism and antinomy in his social ontology and the different sorts of conflicts this ontology takes into account. The second part focuses on a case of antinomy, that is at the same time a basic and a borderline case : sexual difference, that Proudhon considers as an antinomy, but not as (...) a conflict. The last part shows how this theory of conflictuality leads to a criticism of democracy and to a positive federalist project. (shrink)

Charles R. Kesler, an eminent scholar and prodigious editor, has exerted a profound influence on the study of American politics and the practice of American conservatism. A precocious high-school student, he impressed a visiting William F. Buckley Jr. who, before becoming a life-long friend, wrote him a recommendation letter to Yale. Kesler asked for another--to Harvard, where he completed his undergraduate degree and earned a PhD under the legendary professor Harvey C. Mansfield. An early passion for political journalism, played out (...) largely on the pages of National Review, led Kesler to author an NR cover story on his third great influence, Harry V. Jaffa. Kesler became a faculty colleague of Jaffa's at Claremont McKenna College and Claremont Graduate University and is perhaps best known as the editorial helmsman of the Claremont Review of Books. The author of I Am the Change: Barack Obama and the Crisis of Liberalism and Crisis of the Two Constitutions: The Rise, Decline, and Recovery of American Greatness, Kesler also co-edited (with William F. Buckley Jr.) Keeping the Tablets: Modern American Conservative Thought. His edited volume of The Federalist Papers is the best-selling edition version in the country. In this volume, Kesler's students, friends, and colleagues commemorate his four-decade career as a teacher, mentor, and scholar. (shrink)

Originally published in 1961. Arthur O. Lovejoy, beginning with his book The Great Chain of Being, helped usher in the discipline of the History of Ideas in America. In Reflections on Human Nature, Lovejoy devotes particular attention to influential figures such as Hobbes, Locke, Bishop Butler, and Mandeville, tracing developments and changes in the concept of human nature through the seventeenth and eighteenth centuries. He also discusses the theory of human nature held by the founders of the American Constitution, giving (...) special attention to James Madison and the "Federalist Papers.". (shrink)

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: the (...) Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences. (shrink)

Halfway down one wall of the Wren Chapel at the College of William and Mary in Williamsburg, Virginia, is a plaque in honor of Bishop James Madison, who is often confused with his more famous cousin, James Madison, author of the U.S. Constitution, co-author of the Federalist Papers, and the fourth President of the United States. Though they pursued separate careers—Bishop Madison as an Anglican minister, a leading scientist, and an extraordinary academic administrator, and Founder Madison as a (...) secular reformer, a superb statesman, and one of the most sophisticated democratic theorists in history—the plaque could hardly honor one without the other, so interlinked were both their legacies to the College, religious freedom, and American democracy. (shrink)

The essential nature of legislative power is to make the laws; that of executive power is to execute those law. The difference between the two is both substantial and significant; it is the difference between the rule of arbitrary power and the rule of law. This paper will seek to trace the genesis of an independent judicial power, in both theory and practice, through an examination of sections of The Constitutions of Clarendon, The Assize of Clarendon, Hobbes’ Leviathan, Locke’s Second (...) Treatise, Montesquieu’s Spirit of the Laws, as well as The Federalist Papers. Moreover, it will seek to establish its executive nature and to explain why it is so often (at least presently) misunderstood to be akin to the legislative power. (shrink)

The author investigates the origin and development of the concept of liberty and its special meaning in the Republican tradition of political thought. The origin of the Western concept of liberty lies in ancient Greece, in the opposition between liberty and slavery conceived after the liberation of Athens from tyranny and the victory over the Persian empire. The author then investigates the Republican notion of liberty that originates in ancient Rome and reaches its peak with Cicero. This conception of liberty (...) emphasizes self-government and partecipation in common deliberation and runs through Western political thought up to Rousseau, Tocqueville and the authors of the Federalist Papers. (shrink)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx and (...) Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)

Few scholars have explored the founding documents to identify the deliberate social change strategy that led to America's independence and a new form of government that was of, by, and for the people. This study aimed to apply a post-hoc polytheoretical framework of power to the findings of a democratic social change study to understand the dynamics of power between Great Britain and the American colonists. The original study employed the constructivist grounded theory tradition to explore democracy in the Declaration (...) of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. This produced two frameworks of power strategies, one empowering and the other demoralizing: principles of democracy and anti-democratic tenets. To gain a holistic perspective of the interplay of power, a polytheoretical framework of power consisting of theories of power proposed by Marx and Engels, Bourdieu, and Foucault was employed to discuss the findings. The findings suggested that democratic social change interacts with structural forces, culture, and power strategy selection. This could provide an alternative lens through which to explore whether people of color in America were used instrumentally to sustain democracy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Utilitarianism in the Early American Republic by James E. CrimminsAndrew GustafsonUtilitarianism in the Early American Republic James E. Crimmins. Routledge, 2022.There are many important influences on American Pragmatism, but one which is frequently overlooked is the influence of Utilitarianism, both on American thought in general, and American Pragmatism in particular. It is difficult to imagine anyone better to write this book than James Crimmins. As a leading Bentham (...) scholar, among his twelve previously published books on utilitarianism, he is editor of the Bloomsbury Encyclopedia of Utilitarianism (Bloomsbury, 2013) and the four-volume set Utilitarians and Their Critics in America, 1789–1914 (Thoemmes Continuum, 2005). His vast knowledge of the history of utilitarianism, which he has spent his entire career investigating, makes him the perfect author for this very helpful book on the influences of utilitarianism in early American thought. It is a rich sourcebook that can help direct anyone looking to do more research in this area. Here, Crimmins provides a thorough historical account of the influence of utilitarianism on the development of early American thought and the rise of pragmatism, giving reason to believe that utilitarianism was more impactful on American pragmatism than is often realized.The first chapter highlights why utilitarian influence on American law and politics is overlooked and why it should not be. Chapters 2 and 3 explain how American thought leaders came to know of Bentham's work, and chapters 4–7 discuss concrete examples of thinkers who brought utilitarianism to bear on issues in America (for example, Hoffman on legal studies in chapter 4, Livingston on legislative law in chapter 5, the death penalty debate in chapter 6, and Thomas Cooper's wide-ranging influences in chapter 7). The epilogue provides a specific set of arguments for why the utilitarians' influence on American Pragmatism should be more widely recognized and investigated.Crimmins begins the book by explaining why utilitarianism, as an influence in early American politics, is typically excluded and ignored by thinkers from John Dewey to Élie Halévy. One reason is that William Paley's Principles of Political and Moral Philosophy (which was used widely as a moral text in US universities throughout the 1800s) was published in 1785, and Bentham's An Introduction to the Principles of Morals and Legislation was published in 1789, and even then Bentham's ideas didn't gain public circulation (and then only in French) until Etienne Dumont published the three-volume Traités de législation civile et pénale in 1802. But the more important reason utilitarianism [End Page 106] has not received attention, according to Crimmins, is due to the dominant focus placed on Locke's natural law and rights view being the lens by which American politics has been understood. Some have challenged this Lockean consensus and pointed out that republican virtues drawn from the ancient Greeks and others show up in ideas such as the "right to happiness" (which is a right that is found nowhere in Locke) (20). Crimmins shows that there was a very strong emphasis on "public utility," "general welfare," and happiness, and this frequently outweighed concerns for natural rights for thinkers like Thomas Paine, John Adams, Nathaniel Chipman, Joseph Haven, and many other early American thinkers. Furthermore, utilitarian considerations can be found in the Constitution and federalist papers, and even Tocqueville explained American thinking through the lens of utilitarian concerns.Bentham was ambitious in attempting to promote codification of law in many countries worldwide. While Bentham had made offers (some accepted, some rejected) to help in the codification of law to various countries, ranging from Catherine the Great's Russia to France, Portugal, Spain, and numerous South American countries, he spent much of the last quarter of his life focused on trying to provide his services to the new United States. In chapter 2, Crimmins provides a history of the dissemination of Bentham's ideas in the United States, highlighting some of the key promoters of his ideas in the United States, including Richard Hildreth and John Neal, as well as John O'Sullivan, Gilbert Vale, and, of course, Thomas Cooper. Crimmins also provides a meticulous account of Bentham's personal attempts... (shrink)

The increased use of anonymous digital platforms raises substantive concerns about accountability in digital spaces. However, contemporary evaluations of anonymity focus too narrowly on its protective function: its ability to protect a diversity of speakers and ideas. Drawing on two examples of anonymous political engagements – Publius’s writing of the Federalist Papers and college students’ use of the social media platform Yik Yak – we develop an account of anonymity’s associational function: the processes by which people generate and (...) negotiate collective identities, discussions, and actions in wider publics. As we argue, anonymity’s associational function can generate conditions under which individuals develop collective interests and identities to foster collective action, and enable novel interactions between these individuals and communities and the larger publics of which they are part. We conclude with a discussion of how attention to associational anonymity can contribute to a more nuanced account of democracy in practice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:167 THE HUME LITERATURE FOR 1982 The Hume literature from 1925 to 1976 has been thoroughly covered in my book Fifty Years of Hume Scholarship: A Bibliographical Guide (Edinburgh University Press, 1978; £9.50), which also lists the main earlier writings on Hume. Publications of the years 1977 to 1981 were listed in Hume Studies in previous Novembers. What follows here will bring the record up to the end of (...) 1982. Readers are invited to inform me of any omissions, and to send me offprints of their own articles and reviews. The intention is to maintain a complete bibliographical record of critical work on Hume, by the regular publication in Hume Studies of an annual bibliography, with addenda consisting of items omitted through ignorance in previous years. References to recently-appearing reviews (of books from earlier lists) are given at the end. The following abbreviations of journal titles are used here: APQAmerican Philosophical Quarterly JHIJournal of the History of Ideas JHPJournal of the History of Philosophy JPJournal of Philosophy PASProceedings of the Aristotelian Society PBPhilosophical Books PQPhilosophical Quarterly PRPhilosophical Review RIPRevue Internationale de Philosophie RMReview of Metaphysics TLSTimes Literary Supplement Other abbreviations should be obvious enough, and mainly follow the British Standard (no. 4148). 168 AIKEN, H. D. 'The Originality of Hume's Theory of Obligation', Phil. & Phenomenol. Res. 42, 374-83. BADIA CABRERA, M. A. 'Milagro, testimonio y verdad. El significado de la crítica de Hume', Dialogos (Puerto Rico) 17, 37-52. BAIER, A. 'Hume's Account of our Absurd Passions', JP_ 79, 643-51. [652] BARON, M. 'Hume's Noble Lie: An Account of his Artificial Virtues', Can. J. Phil. 12, 539-55. BERRY, CJ. Hume, Hegel and Human Nature, pt. 2 (55124 ). The Hague, etc. [Hume Studies 9 (1983) 200-3] BERRY, CJ. 'Hume on Rationality in History and Social Life', History & Theory 21, 234-47. BUNZL, M. 'Humean Counterfactuals', JHP 20, 171-7. CALLICOTT, J. B. 'Hume's Is/Ought Dichotomy and the Relation of Ecology to Leopold's Land Ethic', Environmental Ethics 4, 163-74. CAPALDI, N., KING, J. & LIVINGSTON, D. 'The Hume Literature of the 1970s', Philosophical Topics 12, no. 3, 167-92. COLWELL, G.G. 'On Defining Away the Miraculous', Philosophy 57, 327-37. DAVIES, B. An Introduction to the Philosophy of Religion, 52-9 and 108-18. Oxford. DEL BARCO COLLAZOS, J. L. 'Evidencia y verdad en la epistemologia de Hume', Anuario filosófico 15, 175-84. DEL BARCO COLLAZOS, J. L. 'La teoría de la impresión en Hume', Anuario filosofico 15, 85-112. DRAPER, T. 'Hume and Madison: The Secrets of Federalist Paper No. 10', Encounter 58, (Feb.) 34-47. FARR, J. 'Humean Explanations in the Moral Sciences', Inquiry 25, 57-80. FERN, R. L. 'Hume's Critique of Miracles: An Irrelevant Triumph', Relig. Studies 18, 337-54. FITZPATRICK, J. 'Lonergan and Hume [I-IV: various aspects]', New Blackfriars 63, 122-30, 219-28, 275-86, 364-72. 169 FLAGE, D.E. 'Relative Ideas Revisited: A Reply to Thomas', Hume Studies 8, 158-71. FLAGE, D.E. 'Hume's Dualism', Nous 16, 527-41. FLEW, A. 'Another Idea of Necessary Connection', Philosophy 57, 487-94. FLEW, A. '"Hume on Space and Geometry": One Reservation ', Hume Studies 8, 62-5. [66-9] FORBES, D. 'Natural Law and the Scottish Enlightenment', in R. H. Campbell & A. S. Skinner, The Origins and Nature of the Scottish Enlightenment, 186204. Edinburgh. FORCE, J. E. 'Hume and Johnson on Prophecy and Miracles: Historical Context', JH_I 43, 463-75. FRIEMAN, J. 'Boswell Confronts Hume: An Encounter with the Great Infidel', Free Inquiry 2, 22-5. GALGAN, G.J. The Logic of Modernity, 118-36 ('Hume: The Breakdown of Certitude'). New York S London. HALL, R. 'The Hume Literature for 1981', Hume Studies 8, 172-7. HALLER, R. Urteile und Ereignisse, 76-85 ('Humes Analyse'). Munich. HAUSMAN, A. 'It Ain't Necessity, So... (with Apologies to George Gershwin)', Hume Studies 8, 87-101. HILL, E. 'Hume and the Delightful Tragedy Problem', Philosophy 57, 319-26. HOERSTER, N. 'David Hume', in N. Hoerster, Klassiker des philosophischen Denkens, vol. 2, 7-46. Munich. JONES, G. E. 'Vindication, Hume and Induction', Can. J. Phil. 12, 119-29. JONES, P. 'Laughter', PAS... (shrink)

Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber (...) opposes the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself. (shrink)

In writing the essay on “factions” in The Federalist Papers, James Madison was able to point to one of the major purposes of the new United States Constitution, namely, to deal with the emergence of conflicting interests in the new commercial society. This represents the transformation from classical constitutionalism with its focus on virtue to modern constitutionalism with its preoccupation with the mediation of interests. As such, this transformation points to the reconstruction of the domain of the political.

The thesis pursued here is that Madison, in articulating the principles of political philosophy underlying his defense of the proposed constitution in his contributions to the Federalist Papers of 1787-8, can best be understood as at once invoking, enriching, and on several key points all but abandoning the “classical republican” or “civic humanist” tradition. I analyze the ambivalent character of Madison’s response to Plato and Aristotle, Machiavelli and Rousseau with respect to the quality and complexity of the body (...) politic, the principle of representation, the containment of factionalism, and the nature of political legitimation and renewal. (shrink)

Heralded as the “Father of the Constitution,” James Madison was, besides one of the most influential architects of the U.S. Constitution, a man of letters, a politician, a scientist and a diplomat who left an enduring legacy for American philosophical thought. As a tireless advocate for the ratification of the Constitution, Madison advanced his most groundbreaking ideas in his jointly authoring The Federalist Papers with John Jay and Andrew Hamilton. Indeed, two of his most enduring ideas—the large republic (...) thesis and the argument for government separation-of-powers/checks-and-balances—are contained in there. In his life’s work, Madison fused together the three dominant philosophies in post-revolutionary, antebellum America: Lockean liberalism, classical republicanism and Christian Protestantism. (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)

Machine generated contents note: Prelude -- Introduction -- Part I: A Cabinet of Diversity -- 1. Object 1: Diversity Doesn't Work? -- 2. Object 2: Dominance -- 3. Object 3: From Wunderkammner to the Majors -- 4. Object 4: Patrol/Willy -- 5. Object 5: Accumulation/Difference that Makes No Difference -- 6. Object 6: Colorblindness/Federalist Paper no.6 -- 7. Object 7: Partition/No. 76-811: A Grievance Not of Their Making -- 8. Object 8: The Morrill Acts: "The Land Grab University" -- (...) 9. Afterthoughts -- Part II: The Constellation of Reparation -- 10. Star 1: Attempted Remedies -- 11. Star 2: Outlines of Epistemic Reparation -- 12. Star 3: How is a University like a Light Switch? -- 13. Afterthoughts -- Part III: Reparative Endeavors -- 14. Thread 1: Why Poetics? -- 15. Thread 2: Breath-Taking Landscapes: Place based interventions -- 16. Thread 3: Counter-space as the dramatization of a poetics of refusal -- 17. Thread 4: Gates/Gatekeeping -- 18. Thread 5: Unraveling Patrol -- 19. Thread 6: From Rank to Rhizome -- 20. Afterthoughts -- Acknowledgements -- Bibliography -- Notes -- Index. (shrink)

The “Father of the United States Constitution,” James Madison, once described justice as “the end” of both government and of civil society. Yet curiously, Madison said little about justice in elaborating the principles of American federalism in The Federalist Papers and elsewhere. His fundamental concerns, to the contrary, were in contriving a system of separated, countervailing powers and in establishing a first federal principle of enumerated powers — in which federal powers “are few, and defined.” This strategy, for (...) Madison, was the most feasible way of checking the innate tendency of political power to accumulate, centralize, and trample on citizens’ liberties. (shrink)

In this paper, I defend the claim that addressing dominating ontologies is crucial for achieving Indigenous self-determination. Consequently, the struggle for Indigenous self-determination comprises not only an engagement with political practices, structures, and institutions, but also with political ontology. I first argue that implementing Indigenous self-determination requires an engagement with political ontology. I then introduce Iris Young’s conception of self-determination as non-domination as a way to engage with diverging ontologies within the political framework of federalism. In the final section of (...) the paper, I present two constructive proposals concerning how Indigenous peoples and settler states can establish an ontology at the federal level that facilitates Indigenous self-determination. (shrink)

The traditional doctrine on federalism claims that economic inequalities are morally justified as long as they result from the legitimate exercise of federal subunit self-government. This paper discusses that claim and examines the philosophical grounds of federal economic decentralization in order to lay the basis for a federal theory of distributive justice. I explore the analogy between federal organizations and the international order claiming that moral conditions of political legitimacy generate some requirements for distribution. But also, I criticize the idea (...) of fraternity as a demanding and fragile political virtue. I try to show that fraternity gives us stronger reasons to reduce economic inequality in territorial federal states than in multicultural federal states. (shrink)

Classics of Political and Moral Philosophy provides in one volume the major writings from nearly 2,500 years of political and moral philosophy. The most comprehensive collection of its kind, it moves from classical thought (Plato, Aristotle, Epicurus, Cicero) through medieval views (Augustine, Aquinas) to modern perspectives (Machiavelli, Hobbes, Spinoza, Locke, Rousseau, Hume, Adam Smith, Kant). It includes major nineteenth-century thinkers (Hegel, Bentham, Mill, Nietzsche) as well as twentieth-century theorists (Rawls, Nozick, Nagel, Foucault, Habermas, Nussbaum). Also included are numerous essays from (...) The Federalist Papers and a variety of notable documents and addresses, among them Pericles' Funeral Oration, the Declaration of Independence, the Constitution of the United States, and speeches by Edmund Burke, Abraham Lincoln, Elizabeth Cady Stanton, John Dewey, and Martin Luther King, Jr. The readings are substantial or complete texts, not fragments. An especially valuable feature of this volume is that the works of each author are introduced with a substantive and engaging essay by a leading contemporary authority. These introductions include Richard Kraut on Plato, Aristotle, Epicurus, and Cicero; Paul J. Weithman on Augustine and Aquinas; Roger D. Masters on Machiavelli; Jean Hampton on Hobbes; Steven B. Smith on Spinoza and Hegel; A. John Simmons on Locke; Joshua Cohen on Rousseau and Rawls; Donald W. Livingston on Hume; Charles L. Griswold, Jr., on Smith; Bernard E. Brown on Hamilton and Madison; Jeremy Waldron on Bentham and Mill; Paul Guyer on Kant; Richard Miller on Marx and Engels; Richard Schacht on Nietzsche; Thomas Christiano on Nozick; John Deigh on Nagel; Thomas A. McCarthy on Foucault and Habermas; and Eva Feder Kittay on Nussbaum. Offering unprecedented breadth of coverage, Classics of Political and Moral Philosophy is an ideal text for courses in social and political philosophy, moral philosophy, or surveys in Western civilization. (shrink)

The paper outlines why and how political institutions, especially constitutional ones, matter for what decisions are made in the political process and thereby for how the economy functions. The main part contains a survey of empirical studies in this area. Among the things covered: the effects of political and economic freedom, not least property rights, on economic growth; how stricter budgetprocess rules affect tendencies for deficits; the role of electoral systems for shaping policies and affecting fiscal deficits; and the effects (...) of separation of powers – e.g., federalism and referenda – on government size.Ce papier retrace dans les grandes lignes pourquoi et comment les institutions politiques, notamment celles de nature constitutionnelle, importent pour les décisions prises au niveau politique et en conséquence sur la manière dont fonctionne l’économie. La majeure partie du papier consiste en un examen des études empiriques dans ce domaine. Parmi les choses analysées : les effets de la liberté politique et économique, en particulier les droits de propriété, sur la croissance économique ; comment des règles plus strictes lors de l’élaboration du budget influent sur la tendance au déficit ; le rôle des systèmes électoraux dans l’élaboration des politiques et dans la taille des déficits ; et les effets de la séparation des pouvoirs – par exemple fédéralisme et referenda – sur la taille du gouvernement. (shrink)

The development of the peace concept is closely related to the development of the concept of the state and hence to the efforts for elimination of war as an instrument for resolving disputes between states. In that context, war and peace are traditionally treated as mutually exclusive concepts, i.e., war implies violence, while peace, nonviolence. So, the end of war marks the beginning of peace and vice versa. Therefore, both concepts simultaneously represent the inevitable outcomes of the continuous and dynamic (...) nature of social interaction in the international system, foreshadowing future war for nations and states that are currently at peace and, on the other hand, foreshadowing peace for nations and states that are currently at war. Starting from the indicated traditional understanding of the concepts of peace and war, as well as from the fact that the establishment of peace research begins during the 80s of the XX century, the focus in the paper is specifically placed on the analysis of the peace concept through the prism of the theory of international relationships. Namely, it is indisputable that until the establishment of peace and security research and studies, issues of peace and security are generally considered and interpreted within the framework of the various theoretical approaches for international relations. Hence, the paper more specifically explores the evolutionary character of the perceptions and understanding of the peace concept, especially from the perspective of: federalism, neorealism, liberalism and functionalism. The main goal is to give an answer to the question - What is peace and how can it be achieved, according to the indicated theoretical approaches? (shrink)

At first glance, Aristotle’s Politics is a repository of dry, professorial lecture notes. Although the work contains the occasional literary reference or historical digression, analysis, argumentation, and socio-political taxonomies predominate. Beneath the surface of such prose, Pangle locates an Aristotle who seeks to involve the reader in dialogical exchange—much like as in a Platonic dialogue—by means of dialectical, rhetorical and literary devices. Pangle—a student of the political theorist Leo Strauss, a translator of Plato, Aristophanes and Sophocles, and the author of (...) books on modern political theorists such as Montesquieu, Locke, and the Federalist Papers—has written a study of the Politics informed not only by a close reading of the text, but also its relationship to modern republicanism, and the conflict between rationalism and religion. A previously published introduction presents what Pangle takes to be Aristotle’s rhetorical strategy in the Politics; it is followed by chapters organized around individual books in the Politics (a chapter each for Politics I, II, and III, and consolidated chapters for Politics IV-VI and VII-VIII—the last of which had been previously published in part). The text is followed by almost 50 pages of notes, notes in which Aquinas is cited as frequently (and sometimes more frequently) than contemporary Aristotle scholars like P. Simpson, R. Kraut, and E. Schütrumpf and Alfarabi is cited more frequently than F. Miller (although by far the most frequently cited authorities are the 19th century scholars F. Susemihl, R.D. Hicks, and above all, W. Newman). The book is clearly a mature work of scholarship, informed by extended reflection on Aristotle’s Politics and the subsequent western tradition of political theory and philological commentary which has responded to it. (shrink)

This paper argues for a fundamental overhaul of the current competence constellation in the EU, which is necessary to address the problem that the current arrangement does not respect the important values that it is supposed to uphold, namely those of democracy, subsidiarity and national diversity. While pretending otherwise, it effectively contains neither negative nor positive EU integration in areas of Member State competence. Furthermore, it enables European integration of these areas through even less accountable intergovernmental mechanisms. It will be (...) argued that the root cause of this problem is that demarcation of competences as a method to contain the EU does not work, because such an approach of ‘categorical federalism’ is bound to fail, especially in the EU context since it is incompatible with the functionality that is written in the legal order’s DNA. It is therefore proposed to dispose of demarcation as a way to contain EU action and instead to openly recognise the inevitable broadness of the EU’s powers while containing the exercise of these powers through a democratisation of the legislative process. The paper tables a number of proposals that on the one hand enhance the EU’s formal legislative powers, while on the other hand strengthen national parliaments in their powers politically to review proposed EU legislation. (shrink)

This paper identifies three sets of problems of a specific ethico-political type, generated by the interrelationship between ethics and politics in the areas of world justice and global politics. One instance in which this interrelationship is tested is that of the conflict of duties and values as it appears in the particular domain of the relations amongst sovereign nation states as well as between them and other social groups. Following the general Introduction, the main body of the paper contains the (...) following three sections. (1) Without elaborating on the detailed mechanics of Kant's theory of perpetual peace, Section II discusses criticisms against the Kantian version of world peace in the context of which the first problem is encountered. The problem identified here is the ambiguity as to whether the establishment of a federated kind of peaceful co-existence between sovereign nations depends on the moral improvement of mankind or whether it is the other way round--i.e. whether ethical progress is a necessary presupposition or, rather, a consequence of political peace. That is, what is here identified as worrying is that the direction of dependence is not clear in such a proposal. Furthermore, such an approach, when applied to certain cases of inter-state differences, yields a rather alarming result as to the de-politicization of national states (Section II.2). (2) Yet such a type of international federalism requires a certain, peculiar, kind of legal enforcement of order without recourse to a supra state. So a re-examination of the notion of a legal order in general is needed. Given these requirements, Section III moves on to discuss moral conflict from the standpoint of relativism as it appears in the ethical and in the legal spheres. The second of our problems, identified in this section, is that, before discussing world justice we must first acknowledge the special relation and asymmetry between ethical standards and legal rules required by such a world order. (3) Finally, Section IV asks whether, given the above two problems, it is possible to envisage theoretically the logical possibility of moral conflict-resolution by postulating unchanging and encompassing super-norms of conduct. These special norms, if possible, would be able to direct action unequivocally when confronted with ethical or other dilemmas of duties (involving equally valid but conflicting demands among sovereign nations). This is the third problem. The Conclusion offers an evaluation of the whole discussion. These three ethico-political problems are shown to be interrelated. The overall thrust of the discussion is that it points to a number of philosophical difficulties in understanding the changing role of national states in a globalized political, economic and cultural environment. Accordingly, such difficulties have repercussions for any moral criticism of issues of world justice and global politics. I must make clear at the outset, though, that the discussion does not concern international relations theories per se. (shrink)

Altiero Spinelli (1907-1986) is worldwide renowned as the principal author (with Ernesto Rossi) of the Ventotene Manifesto (1941), whose second edition (1944), prefaced by Eugenio Colorni, is one of the founding documents of the European Union. Less known is the width and depth of Spinelli's thought, not only as a political theorist of supra-national democracy and institutional designer of a possible European Federation but also as a philosopher of civilization and history. While the sources of his federalism have been largely (...) investigated, much less have those of his more comprehensive philosophy. This paper discusses, on a philological basis, the dialogue Spinelli certainly has with some of Max Scheler's writings while going into this dialogue more in-depth, in a philosophical more than philological attitude. (shrink)