This paper examines several primarily academic discourses on corruption to demarcate the assumptions embedded within each one. It begins by discussing different definitions of corruption, which leads to an identification of five prominent discourses on the subject that are examined in some detail. The paper concludes by considering some implications of this analysis.

Although fallacies have been common since Aristotle, until recently little attention has been devoted to identifying and defining them. Furthermore, the concept of fallacy itself has lacked a sufficiently clear meaning to make it a useful tool for evaluating arguments. Douglas Walton takes a new analytical look at the concept of fallacy and presents an up-to-date analysis of its usefulness for argumentation studies. Walton uses case studies illustrating familiar arguments and tricky deceptions in everyday conversation where the charge (...) of fallaciousness is at issue. The numerous case studies show in concrete terms many practical aspects of how to use textual evidence to identify and analyze fallacies and to evaluate arguments as fallacious. Walton looks at how an argument is used in the context of conversation. He defines a fallacy as a conversational move, or sequence of moves, that is supposed to be an argument that contributes to the purpose of the conversation but in reality interferes with it. The view is a pragmatic one, based on the assumption that when people argue, they do so in a context of dialogue, a conventionalized normative framework that is goal-directed. Such a contextual framework is shown to be crucial in determining whether an argument has been used correctly. Walton also shows how examples of fallacies given in the logic textbooks characteristically turn out to be variants of reasonable, even if defeasible or questionable arguments, based on presumptive reasoning. This is the essence of the evaluation problem. A key thesis of the book, which must not be taken for granted as previous textbooks have so often done, is that you can spot a fallacy from how it was used in a context of dialogue. This is an innovative and even, as Walton notes, "a radical and controversial" theory of fallacy. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

In this paper, I argue that dialogue between legal philosophers and social scientists can be mutually beneficial. Nicola Lacey offers a vision of jurisprudence that supposes as much. I start by setting out my interpretation of her view. I then defend its potential, which she takes for granted, from the challenges posed by, first, an apparent friend—Brian Leiter—and, second, obvious adversaries—Joseph Raz and others. My response proposes an alternative to their conceptions of legal philosophy, one that is consistent with my (...) understanding of the approach to jurisprudence that Lacey recommends. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 177 Amsterdam, appears in the series of the International Archives of the History of Ideas, published under the direction of P. Dibon of Nijmegen and R. Popkin of the University of California at San Diego and a distinguished international editorial committee. Other volumes demonstrate the philosophical respectability of the collection: three on Descartes and Cartesianism, one on Berkeley's immaterialism, three on Pierre Bayle, the rest on philosophical (...) topics from the Renaissance to the 19th century. In this gallery, these letters by a not very good French poet---who was yet an acute and rather individualistic judge of men and books, already one of the arbiters of intellectual and artistic life in France--may seem a little out of place. Yet, to many historians of intellectual affairs, the firm establishment of dates and personal relationships is a matter of much importance, and documents such as these, largely devoted as they are to the communication of news about books and writers, the activities of rulers and ambassadors, printers and curious travelers, can be a substantial aid in determining the structure of an historical moment, the succession and interrelationship of events. One is willing to grant that much of what Chapelain wrote to Heinsius is trivial and concerns books and literary news of slight importance, that a delicate irony makes less of some of his comments than they were worth at the time. The triviality itself is a clue to the temper of Paris during the Fronde and in the late years of the regency of Mazarin. Great ideas were not being discussed in public when Pascal was writing his Pensdes; the irony is a mode of defense against involvement, and fashionable at the time. Bray's elaborate introduction is more concerned with the artistic and subjective aspect of the letters than with their contribution to intellectual history. In about a hundred pages, he discusses his author's method of writing, the genre which this kind of letter represents, the artistry it exhibits, from basic structure to stylistic ornamentation, and finally the human and even ethical implications of this collection. His notes are full and informative; identifications are well documented and cross-referencing in the notes and in the index of names make the volume a usable source of information, even though it cannot be recommended as stimulating debate or lively narrative. The topics discussed by Chapelain range over a considerable area, without becoming controversial. There is one exceptional letter in which he instructs Heinsius in adapting his integrity to the role of a diplomat; he must acquire "un peu de dissimulation" to oppose to "l'ing~nuit~ du Parnasse." There are references to civil strife, to foreign affairs, to the rivalry of Dutch and English navies, to the sympathy of the French for the Swedish Lutheran dynasty as opposed to the Catholic ttapsburgs and the ecclesiastical electors of Mainz, Cologne, and Trier. Queen Christina of Sweden plays a continually less attractive part as the letters proceed to their end; and Christiaan Huygens, the Duc de Montausier, Ismael Boulliau, Guez de Balzac, and Gilles M4nage figure more or less regularly in these pages. Of philosophers there is little mention, and of discussion of ideas for their own sake still less. The letters are, like many another collection deriving from the age before the learned and scientific journals, a source of valuable information about certain persons and certain books; they are hardly a serious contribution to the history of ideas. H~covaT BROWN Brown University Pascal. By J. H. Broome. (New York: Barnes & Noble, Inc., 1966. pp. x + 250. $6.00.) The most remarkable feature of this work is that it locates and forcefully interprets philosophical themes common to all of Pascal's widely=diversified writing. In his works on the vacuum, the computer, geometry, hydrostatics, Grace, freedom and the art of persuasion as well as the Pens~es, Broome locates five regular features of Pascal's thought: 1) the three orders (pp. 103-4, inter alia); 2) the deux infinis (p. 146); 3) a theory of knowl- 178 HISTORY OF PHILOSOPHY edge; 4) a dialecticalmethod; and 5) a theory of communication. The former two themes are commonly discussed by students of... (shrink)

What happens at the end of a clinical trial for an investigational neural implant? It may be surprising to learn how difficult it is to answer this question. While new trials are initiated with increasing regularity, relatively little consensus exists on how best to conduct them, and even less on how to ethically end them. The landscape of recent neural implant trials demonstrates wide variability of what happens to research participants after an neural implant trial ends. Some former research participants (...) continue to receive support for their devices (e.g., battery and component replacements, software updates, etc.). Others, when safe, have their neural implants removed through surgical explantation. Still others continue to live with a deactivated neural implant embedded in their body. In the United States, there are no uniform requirements to provide services, of any kind, after an neural implant study ends, and other nations are similarly facing this challenge. The existence of a post-trial gap in an expanding neural implant research ecosystem invites obvious questions: What is owed to neural implant research participants post-trial, and why has providing it been so difficult to accomplish in practice? To take a step forward on this difficult issue, we assembled one group of stakeholders – researchers funded for neuroethics grants by the National Institutes of Health – to explore possible starting points on one topic: ethical guidance for post-trial care of research participants in neural implant trials. Based on shared concerns discussed in the expert workshop the current paper is a call to action. It reports the key areas of convergence from the meeting and highlights important next steps towards developing much needed guidance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:WORKS OF FICTION AND ILLOCUTIONARY ACTS by Gregory Currie ii O peech act theory is remarkably unhelpful in explaining what ficOtion is." So says Kendall Walton.1 My purpose here is to showjust how wrong diis judgment is. Not that I want to endorse all die attempts there have been to connect fiction with the notion of a speech act. Elsewhere I have argued diat the most prominent attempt (...) at such a theory, the one due to John Searle, fails.2 But my complaint is not mat Searle employs the idea of a speech act; rather it is that he employs it in too half-hearted a fashion. The idea of Searle and odiers is diat to write fiction is not to perform a speech act, but rather to pretend to do so. I, on the odier hand, take the view that the writer of fiction engages in an act of speech diat is distinctively fictional, and distinctively different from speech acts such as asserting, requesting, questioning, and so forth. What follows is a much simplified account of this idea.3 Following die program of Strawson and Grice, I believe diat the different kinds of speech acts are to be individuated in terms of the utterer's intentions.4 The intention of the one who asserts is to get a certain kind of response; perhaps to get the audience to believe the proposition asserted.5 The one who commands wants the audience to obey, die requester wants the audience to answer, etc. And in all these cases the utterer intends to get the response partly as a result of the audience's recognition of diat very intention. (This is the familiar Gricean mechanism.) The utterer of fiction, on the odier hand, wants to get the audience to make-believe die proposition uttered.6 Thus we have an act structurally similar to 304 Gregory Currie305 paradigmatic speech acts like asserting, commanding, and requesting (die structural similarity being given by the use in all cases of the Gricean intention ), but differing from diese odiers with respect to die content of the utterer's intention. Let us call such an act a.fictive illocutionary act. Pursuing this line in more detail leads to an intuitively satisfactory taxonomy of speech acts which places the uttering (usually writing) of fiction fully widiin die purview of the theory, rather dian shutting it off to one side as a pseudo-performance, as widi Searle. Is such a theory susceptible to the objections diat Walton brings? Walton is quite right to say (and here I suppose he has Searle in mind) that fiction is not simply the absence ofillocutionary force: "it is something positive, something special" (p. 79). As already indicated, my theory gives a positive account of fiction as a special kind of speech act. But Walton presses the issue further by suggesting that the essence of fiction has nodiing to do with die absence of assertive force. It is possible, he says, "to make an assertion by writing fiction." His point is not merely that fictional stories are sometimes told in order to get across some serious but not explicit point — everyone can agree to that. It is rather diat fictional works contain explicit assertions — e.g., some of Tolstoy's sentences about Napoleon in War and Peace — and that a fiction might contain nothing but assertions. He imagines a genre of historical fiction in which "authors are allowed no liberties with the facts, and in which they are understood to be asserting as fact whatever they write" (p. 80). Let us grant that this is a possibility. What, dien, would distinguish a piece of fiction belonging to this genre from, say, a work of historical scholarship? The answer comes when we see that the same utterance can be used to perform more than one illocutionary act. Thus if I say to someone "I have no money" it may be that I want him both to believe that I have no money and to give me the goods on credit. And in both cases I intend to get die desired responses via his recognition of my intentions. The same utterance can count both as an assertion... (shrink)

This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...) required to decide cases on the basis that the earlier decision was correctly decided. (shrink)

*Note that this project is now being developed in joint work with Rich Woodward* -/- Some things are left open by a work of fiction. What colour were the hero’s eyes? How many hairs are on her head? Did the hero get shot in the final scene, or did the jailor complete his journey to redemption and shoot into the air? Are the ghosts that appear real, or a delusion? Where fictions are open or incomplete in this way, we can (...) ask what attitudes it’s appropriate (or permissible) to take to the propositions in question, in engaging with the fiction. In Mimesis as Make-Believe (henceforth, MMB), Walton argues that just as truth norms belief, truth-in-fiction norms imagination. Granting that what is true-in-the-fiction should be imagined, and what is false-in-the-fiction is not to be imagined, there remains the question of what to say within the Waltonian framework about things that are neither true- nor false-in-the-fiction---the loci of incompleteness. (shrink)

This article presents a philosophical account of the nature of crime. It argues that the criminal law contains both fault-based crimes and strict liability offences, and that these two represent different paradigms of liability. It goes on to argue that the gist of fault-based crimes lies in their being public wrongs, not (as is often thought) because they wrong the public, but because the public is responsible for punishing them, i.e. because they merit state punishment. What makes wrongs deserving of (...) punishment is that they are seriously blameworthy, inasmuch as they evince a disrespect for the values violated. But they only merit state punishment when they violate important values, not simply due to the well-known pragmatic considerations against the use of the criminal law, but to the intrinsic expressive force of criminal conviction. Finally, the analysis of fault-based crimes points to a role for strict liability in regulating actions that are not seriously blameworthy but do increase the risk of values being damaged. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Thomas G. Pavel INCOMPLETE WORLDS, RITUAL EMOTIONS' IN recent years, the notion of "fictional world" has enjoyed a considerable rise in fortune. The expression, however, is not entirely new. To refer to the world of a literary work, of a novel or of a play, has always been a favorite way of speaking for literary critics and aestheticians. In most cases, these were informal worlds. A discussion of the (...) world of Balzac, Dostoyevsky, HenryJames, or Proust often amounts to a description of each author's preferences in die selection and rearrangement of his material. Such discussion primarily fits authors who purposefully attempt to build comprehensive representational artifacts. One speaks quite naturally about l'univers balzacien, or about the universe of Musil. But is one entitled to refer with equal ease to the world ofBenjamin Constant, meagerly perceptible in his Adolphe, a short novel built in the spirit of economy, displaying just a few characters and a minimum of worldly information? Perhaps density and comprehensiveness are not indispensable characteristics of literary worlds. Aestheticians and narratologists using the "fictional worlds" terminology seem to believe mat any kind of artistic text projects a world, be it rich or poor. Such worlds are imagined in the fashion of modern philosophy of logic as states of affairs, more or less comprehensive. Some writers believe that the states of affairs comprised in fictional worlds must be fairly sizable, since diey should include "not only what the author indicates, but also whatever is required (entailed) by that which he indicates." 1 The laws of nature which are not specifically contradicted by the text would belong to its world. Thus, a few notorious cases aside, there is no reason to doubt that every child born in fiction has been engendered by a human fadier as long as the text does not report an exception. And if it does? Then, assuming that the laws of logic still govern if not fiction itself at least our understanding of it, we may appeal to what "possible world" philosophers have called "small miracles." * Editor's note: This article, as well as the contributions by Gerald Prince, Peter van Inwagen, and Kendall Walton which follow it, grew out ofa symposium on "Styles ofFictionality," organized by Professor Pavel and held at Harvard University in 1981. The Fall, 1983 issue of PHILOSOPHY AND LITERATURE will contain additional papers presented at the symposium. 48 Thomas G. Pavel49 Imagine, for instance, the world in which Notre Dame de Paris would be covered with blue paint. While everything else would preserve the properties it possesses in the actual world, with the laws of nature and the caused chains maintained, a small local change, somewhat miraculous, would modify only the color of the venerable building. Similarly, the world of Balzac may be understood as the world of early and mid-nineteenth-century France, slightly modified by the addition of a few hundred imagined characters. That diese conform surprisingly well to the general laws of French society of the time is so much the goal of Balzac's successful project, that for the sociologically-minded reader die' actual nonexistence of Rastignac, Rubempré, Vautrin, or Birotteau may appear a mere accident. These characters, one may surmise, display every trait that actual counterparts of theirs would possess, except existence. Hence, why would Rastignac's or Vautrin's emergence in a world omerwise identical to nineteenth-century France amount to anydiing more than a "small miracle"? On the other hand, Balzac's world being blessed wim hundreds of such miracles, the very magnitude of the project vindicates the attribute of "visionary," ascribed to Balzac by Béguin, or, if metaphorically undercut, mat of"God the Father" given him by Thibaudet. For, would not such magnitude entail more than just local changes in an otherwise faithful representation of the "actual" nineteenthcentury France? Similarly, would we interpret a fictional world in which a child has been engendered not by a human father, but by a divinity, as identical in all respects to the actual world, except for the limited modification attributed to a small miracle? 2 If we grant for a moment the improbable assumption that nineteenth-century France was a given and that Balzac... (shrink)

This paper provides an account of the nature of our appreciation of wine, and a defence of the aesthetic value of tastes and smells. Focusing primarily on Roger Scruton’s recent claims, I argue against him that our appreciation of wine meets his own constraints on aesthetic interest and, moreover, that the cultural significance he grants to wine is in large part grounded in its aesthetic value. I show that Scruton’s claims are thus in tension with each other, not because he (...) has misunderstood the nature of aesthetic interest, but because he fails to appreciate the aesthetic capabilities of wine. Appealing to a well-known argument of Kendall Walton’s, I defend the aesthetic interest and value of tastes and smells by demonstrating that our judgements of wine can be correct or incorrect relative to the categories that govern its production and proper appreciation and understanding. I thereby show that tastes and smells can attain aesthetic significance in virtue of the types of objects they constitute. In particular, I hold that this significance, in the case of wine, rests in large part on its ability to be expressive and to embody certain kinds of meaning. (shrink)

Modern media, particularly the Internet, have made it harder than ever to deny that the world is, in a large part, a place of misery and suffering. The war in Ukraine, the recent Turkish earthquake...

Questions about what human nature is and how we can learn about it are difficult to answer. They are difficult not just because humans are complex creatures whose behavior is deeply embedded in the cultural environment that they are a part of, but also because it is not obvious what a concept of human nature is supposed to do or what it is for. The concept of human nature is often used as a normative concept, one that can serve as (...) a guide to action, showing us how we ought to behave. Less commonplace is an approach that seeks a descriptive account of human nature, one that characterizes what humans do and are disposed to do. I argue in this essay that the normative and descriptive approaches are at odds and that we should not expect a single concept of human nature to play both roles. Furthermore, there are deep problems with normative accounts. They often ignore or contradict the contemporary scientific worldview, and they often merely reflect biases about how we ought to be and what we ought to do. Human nature in this sense becomes politicized and serves in arguments about the moral status of issues like homosexuality, abortion, or biomedical enhancement. Because of the problems inherent in normative notions of human nature, I offer a descriptive alternative. My alternative attempts to align the scientific study of the human with human nature. (shrink)

The political philosopher Leo Strauss is famous for contending that any synthesis of reason and revelation is impossible, since they are irreconcilable antagonists. Yet he is also famous for praising the secular regime of liberal democracy as the best regime for all human beings, even though he is well aware that modern philosophers such as Spinoza thought this regime must make use of biblical morality to promote good citizenship. Is democracy, then, both religious and secular? Strauss thought that Spinoza was (...) contradictory in teaching that reason and revelation should be separated from each other while also insisting that a secular democratic politics still requires the biblical morality of charity. The paradox that liberal democracy is both religious and secular, which is central to Spinoza, was dismissed by Strauss as a Machiavellian subterfuge or the cynical attempt to use religion for political purposes. In order to adhere to his dualistic separation of reason and revelation, Strauss turned to ancient Greek political philosophy, particularly the ideas of Plato and Aristotle, as the true ground of liberal democracy since this classical tradition was never exposed to biblical revelation. Yet, the illiberal and hierarchical implications of Greek political thought, which clash with Strauss’s modern views on human individuality and dignity, ultimately take him back to the biblically based philosophies of Spinoza and Kierkegaard, who teach the paradox that the Bible is the true foundation of human freedom. (shrink)

Aims and background: Little is known about how participants perceive prevention trials, particularly trials designed to prevent mental illness. This study examined participants’ motives for participating in a trial and their views of randomisation and the ability to withdraw from a randomised controlled trial for prevention of depression. Methods: Participants were older adults reporting elevated depression symptoms living in urban and regional locations in Australia who had consented to participate in an RCT of interventions to prevent depression. Participants rated their (...) agreement with various statements describing motivations for enrolment in the trial and opinions regarding randomisation and withdrawal. Results: The majority of participants expressed a triad of altruistic motivation for participation, relative lack of concern about randomisation and commitment to the trial. Certain subgroups of participants, such as women and those with higher depression scores, reported higher levels of concern about specific issues. Conclusions: The findings suggest that participants enrolled in prevention trials for mental illness are likely to hold positive attitudes towards research trials. The identification of relationships between key person factors and trial-related attitudes enabled profiling of participant groups, which can inform recruitment strategies and interactions of participants and research projects in future prevention trials. (shrink)

Spinoza once remarked in a letter to his friend Hugo Boxel: “To me the authority of Plato, Aristotle, and Socrates is not worth much.”1 The clarity of this statement has not deterred even experienc...

What Schelling calls “philosophy of nature,” does not merely and not primarily mean the treatment of a special area “nature,” but means the understanding of nature in terms of the principle of Idea...

The finding that people tend to prefer logically valid conclusions over invalid ones is known in the literature as the logic‐liking effect and has traditionally been interpreted as evidence for the notion of so‐called logical intuitions. Results of more recent empirical studies investigating conditional and categorical syllogisms suggest, however, that previous instances of the logic‐liking effect can be accounted for by a confound in terms of surface‐feature atmosphere. But the true nature of this atmosphere effect has so far remained largely (...) elusive. Here, we address this issue and introduce two variants of disjunctive syllogisms that enable us to deconfound validity, possibility of the conclusion, and surface‐feature atmosphere, which has been impossible with simple disjunctive syllogisms used in earlier studies. Three experiments, in which participants were asked to provide liking and logic ratings for these arguments, revealed that the logic‐liking effect in disjunctive syllogisms can be explained by an atmosphere confound in combination with implied demand to consider logicality when judging likability. We also observed a strong atmosphere effect in logic ratings over and above an effect of logical validity per se. Furthermore, atmosphere effects appear to be induced only by specific surface features, namely those that are ecologically valid, if fallible, predictors for logicality. We conclude that acquired atmosphere heuristics provide proxies for logical validity that reasoners often take at face value. A comparison of the present results with previous findings from experiments that focused on conditional and categorical syllogisms additionally indicates that these atmosphere heuristics are used irrespective of an argument's complexity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Escalation to Academic Extremes?Revisiting Academic Rivalry in the Möhler/Baur DebateGrant Kaplan (bio)INTRODUCTION: THEOLOGY AS THE SITE OF CONFLICTOne way to understand the history of Christian theology is as a history of rivalries. In the Letter to the Galatians, Paul and Peter seem like rivals when Paul recounts "opposing Peter to his face" (Gal. 2:11). The key theological discoveries in the fourth and fifth century are mostly borne of rivalry: (...) Eunomius versus the Cappadocians, and Pelagius versus Augustine. The Middle Ages contain the Eucharistic controversies between Pascasius and Ratramnus, and later controversies about the nature of authority in the theology between Abelard and Lombard. By the sixteenth century, not only the history of theology but the history of the Western churches seems to be intertwined with rivalry, with the Protestant Reformation being the most obvious example. One could also tell the history of religious orders as a history of rivalries between, among others, Franciscans and Dominicans, and later Jesuits. The teachings on justification arose from rivalries, and most of modern Catholic ecclesiology arose from Bellarmine's disputatious interactions with leading Lutherans like Flacius [End Page 163] and Chemnitz. In the past century, much of the theological terrain seems to be shaped by disputes between figures who had once been aligned: Barth and Brunner, Balthasar and Rahner, Cone and Jones.In retrospect, the nineteenth century seemed primed for theological rivalry. Due to social, political, and institutional factors, the nineteenth century was profoundly destabilizing for theology, particularly in Germany, where political realignment threatened to unsettle whatever truce had emerged after the conclusion of the Thirty Years' War in 1648. A number of factors contributed to this climate; perhaps foremost among them was the rapid expansion of academic journals. Without being in the same room, scholars could argue and respond to one another in what must have felt like "real time." Journals, to put it crudely, were the online comment section of their day, and they provided a new medium for theological dispute. Although public debate still figured prominently in the sixteenth century, even as the printing press was making it less central to theological argument, in the nineteenth century, one could escalate debate through asynchronous modes of communication.Both political destabilization and technological innovation made possible a range of intraconfessional disputes: among both Protestants—between mediating and confessing, Kantian and Hegelian, authoritarian, and scientific theologies—and Catholics—between scholastic and modern, German and Roman, Gallican and ultramontanist theologies. These circumstances also occasioned a redoubling of confessional identity. Olaf Blaschke has described the nineteenth century as a "second confessional age."1 By this he means that the nineteenth century, on the scale of confessional identity, looked more like the sixteenth century than the eighteenth did; instead of manifesting an increase in secularizing and nationalizing forces that downplayed religious identities, the nineteenth, according to a variety of measures, witnessed an upsurge in confessional identity.2 This upsurge affected Württemberg, the primarily Protestant territory in the southwestern part of Germany, where Tübingen was located. The newly constituted Württemberg combined a number of tiny, mono-confessional states into a larger, multi-confessional state as part of the reconfigurations brought about by Napoleon. Practically, this meant a loss in political autonomy for Catholic areas within Württemberg.According to one account, the confessional conflicts that memorably marked the 1870s (the Kulturkampf) and also the 1830s and 1840s (the Cologne Troubles and the Kniebeugungsstreiten) were already on the increase in the 1810s in Württemberg, in part due to the massive anniversary celebrations (Wartburgfeier) of the Reformation in 1817.3 This was the same year that the government relocated the newly established Catholic theological faculty from Ellwangen [End Page 164] to Tübingen, a long-time Protestant stronghold with a reputable theological faculty.The Catholic theologians in Tübingen were eager to engage critically with the leading theological issues of the day, resisting the urge to hide behind confessional barriers or pious pretenses. This decision led to a variety of conflicts that could be called rivalrous, and that fall into three categories: The first was within the Catholic faculty itself, as exemplified in the debate over celibacy. Their journal... (shrink)

The rejection of liberal universalism originally arose from the political right. Edmund Burke, Joseph de Maistre and other conservatives poured their scorn on the “Rights of Man” that the Enlighten...

The purpose of this book is to make “a case for nationalism, highlighting the ways it shaped public policy and made the years between the end of the world wars and the eruption of neoliberal global...

The relation between the individual and history is as central to the thought of Kierkegaard as it is to political philosophy as a whole. In the present age, does the individual create history or does history create the individual? These questions are also central to Theodor Adorno, who took aim at Kierkegaard for ignoring the historical and social constraints that inhibit the freedom of the individual. Adorno’s Kierkegaard offers only dogmatic faith and abstract individualism without providing any rational, liberating challenge (...) to oppression. Yet Adorno’s interpretation of Kierkegaard is undermined by his uncritical embrace of the dualism of reason and faith as well as his celebration of Socrates as the true individual critic of power. Adorno ironically ignores Kierkegaard’s own exposure of Socratic rationalism as the fatal pathway towards accepting oppression, just as he fails to comprehend Kierkegaard’s idea of the “religious” individual as the true opponent of both religious and secular tyranny. (shrink)

(2013). The Final Volley in the Strauss Wars? The European Legacy: Vol. 18, Reflections on the Future University, pp. 78-82. doi: 10.1080/10848770.2012.722526.

picture and image of the universe? How much can he mirror of the illimitable cosmos, material and spiritual, knowable or unknowable? How much can he realize the abstruse relation between its two antithetical but complementary sides? That is how to judge in any deeper and wider sense of a brain and its capacity. I was talking once in a London drawing-room with Cotter Morison and a famous and able literary hostess. I happened to say, as I say now, that Spencer (...) seemed to me by far the greatest mind I had ever met with. “What?” cried the lady surprised; “would you put him above George Eliot?” To me, I confess, the question seemed almost ludicrous. Imaginative work is beautiful and attractive, just as artistic work is; but to suppose it can be put on a par, so far as the measure of intellect is concerned, with scientific or philosophic work seems to me to betoken a certain lack of just standards of capacity. “Vanity Fair” is great in its way; and its way is just as incommensurate with the greatness of the “Principia” or of the “Principles of Biology” as is the greatness of the Transfiguration or the Venus of Milos. But if we want to measure minds, as minds, one against another, I say fearlessly that scientific and philosophic grasp is the one true standard of the highest attainment, and that no man who ever yet trod our planet gave proof of such mastery in both these lines as Herbert Spencer. (shrink)

On a traditional account, God causes sinful acts and their properties, insofar as they are real, but God does not cause sin, since only the sinner causes the privations in virtue of which such acts are sinful. After explicating this privation solution, I defend it against two objections: (1) that God would cause the sinful act’s privation simply by causing the act and its positive features; and (2) that there is no principled way to deny that God causes the privation (...) yet still affirm that the sinner causes it. I close by considering a limitation of the privation solution. (shrink)

The European Legacy, Volume 17, Issue 5, Page 696-697, August 2012.

In understanding the meaning of the West, twentieth‐century political philosophers Hannah Arendt and Leo Strauss called for a return to “Athens” (classical political philosophy) in order to address the “crisis of the West,” a loss of a sense of legitimate and stable political authority which, in their view, constitutes a nihilistic threat to Western democracy. The only way for the West to escape this nihilistic crisis is to return to Plato and Aristotle. Implicit in this critique is the belief that (...) the other tradition of the West, “Jerusalem” (the Bible) has contributed to this nihilism, by undermining the authority of the Greeks. Is Jerusalem, then, the fatal “Other” for the West? Which tradition—Athens or Jerusalem—is best prepared to alleviate the crisis of the West, especially the survival of democracy? As I address these questions, I shall contend that it is Jerusalem, not Athens, which is the true source of Western democracy. (shrink)

What Shakespeare reveals in Macbeth is the all too human temptation to embrace tyranny. In exposing this temptation, however, Shakespeare also shows that the alleged inevitability of tyranny is a contradictory illusion that cannot survive the cycle of violence that it spawns. In comparable terms Abraham Lincoln exposed the tyranny of slavery as the hypocritical mockery of democracy which threatened the very survival of the American republic. Instead of teaching an illusory and despairing resignation to the tyrannies that plague human (...) history, however, both Shakespeare and Lincoln defend a biblical standard of hope and justice (for all human beings) that is the very opposite of tyrannical illusions. (shrink)

Leo Strauss was one of the few philosophers of the twentieth century to see religion as the premier challenge to his own field of study. Most of his contemporaries in philosophy had arrived at the...

The “new” conservatism which dominates American politics is fundamentally different from both liberalism and traditional conservatism. For the neoconservatives, who are influenced by the political philosopher Leo Strauss, fault liberalism for undermining the authority of absolute morality and natural inequality in favor of relativism and openness. Yet they also repudiate the old European conservatism for failing to defy the currents of modernity with anything more than an appeal to tradition. In fine, neoconservatism rejects, despite its own modern origins, modernity itself.