"A celebrated master of the spoken as well as the written word, Isaiah Berlin here gives us a rare memoir in the form of a dialogue." "Isaiah Berlin is renowned the world over for his analysis of the ideas that have influenced or transformed societies. He has a deep commitment to liberty and pluralism, and has devoted the half century and more of his professional life as a teacher and lecturer to exploring the conditions that allow these ideals (...) to flourish, and those that threaten them." "Berlin here intersperses insights into the development of his ideas and political philosophy with rich personal reminiscences. He discusses Machiavelli, Marx, Vico, Herder, and Herzen, among others, and their influence over him." "As he leads us from Petrograd to Oxford, Washington, Moscow, London, and Jerusalem, he speaks of his friends and contemporaries: W. H. Auden, Stephen Spender, Igor Stravinsky, A. J. Ayer, Bertrand Russell, and many others. He tells of his moving encounters with Anna Akhmatova, Boris Pasternak, and Chaim Weizmann, and of his passion for music and literature." "Frank and engaging, Conversations with Isaiah Berlin is a remarkable record of one of the great intellectual odysseys of our time."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

The Jurisprudence Lecture, delivered by Ayelet Shachar, challenges the established dichotomy between open and closed borders, showing that one of the most remarkable developments of recent years is...

Isaiah Berlin: A Celebration gathers tributes, reflections, and commentaries on the great thinker and his philosophy, politics, and life-including contributions from Michael Ignatieff, Leon Wieseltier, Ronald Dworkin, Stephen Spender, and many others. "Some [essays], like Joseph Brodsky's tribute, are touchingly personal. Others, like G. A. Cohen's 'Isaiah's Marx, and Mine,' mingle personal reminiscences with a more theoretical look at Berlin's ideas. . . . The volume is a fitting tribute to a thinker famed for his erudition, eclecticism, and (...) clarity of style."--Merle Rubin, The Christian Science Monitor "One of the many merits of this rich and rewarding collection is the sense-very imperfectly conveyed here-it transmits of the tone of Berlin's writings and conversation, of the multiplicity of his interests and the variety of his achievements. . . . The essays testify to the character of Berlin's mind as a luminous prism, in which the cultural traditions of Russia, England and Judaism are marvelously refracted."--John Gray, Times Literary Supplement "[T]he collection testifies to the learning and profundity of Berlin's thought and, by way both of reminiscence and influence, to the charm and gaity of its expression."--Anthony Quinton, The Times of London. (shrink)

"Out of the crooked timber of humanity, no straight thing was ever made."--Immanuel Kant Isaiah Berlin was one of the most important philosophers of the twentieth century--an activist of the intellect who marshaled vast erudition and eloquence in defense of the endangered values of individual liberty and moral and political pluralism. In the Crooked Timber of Humanity he exposes the links between the ideas of the past and the social and political cataclysms of our present century: between the Platonic (...) belief in absolute Truth and the lure of authoritarianism between the eighteenth-century reactionary ideologue Joseph de Maistre and twentieth-century fascism between the romanticism of Schiller and Byron and the militant--and sometimes genocidal--nationalism that convulses the modern world. (shrink)

Isaiah Berlin is heralded as one of the great thinkers of the 20th century and this editied work by a group of distinguished scholars is an examination of an Humean liberal intellectual. Isaiah Berlin's legacy still excites intense scholarly debate.

Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to the problem (...) of sanctioned intra-group rights violation. This new 'joint governance' approach is guided by an innovative principle that strives for the reduction of injustice between minority groups and the wider society, together with the enhancement of justice within them. This book will interest students of political and social theory, law, religion, institutional design, as well as cultural and gender studies. (shrink)

Volume 19, Issue 5, May 2019, Page 78-80.

The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country's territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct untethered in space. This transformation (...) upsets our assumptions about waning sovereignty, while also revealing the limits of the populist push toward border-fortification. At the same time, it presents a tremendous opportunity to rethink states' responsibilities to migrants. This book proposes a new, functional approach to human mobility and access to membership in a world where borders, like people, have the capacity to move. (shrink)

Artificial intelligence surveillance can be used to diagnose individual cases, track the spread of Covid‐19, and help provide care. The use of AI for surveillance purposes (such as detecting new Covid‐19 cases and gathering data from healthy and ill individuals) in a pandemic raises multiple concerns ranging from privacy to discrimination to access to care. Luckily, there exist several frameworks that can help guide stakeholders, especially physicians but also AI developers and public health officials, as they navigate these treacherous shoals. (...) While these frameworks were not explicitly designed for AI surveillance during a pandemic, they can be adapted to help address concerns regarding privacy, human rights, and due process and equality. In a time where the rapid implementation of all tools available is critical to ending a pandemic, physicians, public health officials, and technology companies should understand the criteria for the ethical implementation of AI surveillance. (shrink)

A New York Times Notable Book of the Year “For anyone wanting to understand the twists and turns of the history of ideas, this book will be indispensable.”―John Gray, New York Times Book Review The Sense of Reality was the last new collection of essays published by Isaiah Berlin in his lifetime. All informed by Berlin’s lifelong fascination with the history of ideas, these engaging studies range widely: the subjects explored include realism in history; judgment in politics; the history (...) of socialism; the nature and impact of Marxism; the radical cultural revolution instigated by the Romantics; Russian notions of artistic commitment; and the origins and practice of nationalism. The title essay, taking its cue from the impossibility of recreating a bygone epoch, is a superb centerpiece. Now with a new foreword by Timothy Snyder and a new appendix comprising a previously unpublished essay on the great Russian critic Vissarion Belinksy and a previously uncollected lecture on utopianism, The Sense of Reality is a rich and illuminating collection from one of the most seductive writers and thinkers of the twentieth century. (shrink)

In this paper, Ayelet Shachar begins by restating the main idea of her important book The Birthright Lottery : Citizenship and Global Inequality and then goes on to address in a constructive spirit the main themes raised by the five preceding comments written by scholars in the fields of law, philosophy and political science.Dans cet article, Ayelet Shachar commence par rappeler l’idée centrale de son livre important The Birthright Lottery: Citizenship and Global Inequality avant de répondre de manière (...) constructive aux cinq commentaires qui précèdent, rédigés par des experts dans les domaines du droit, de la philosophie et de la science politique. (shrink)

The emergence of the genetic counseling profession has allowed laypeople to understand and benefit from biological advances, and to make critical decisions about their application. The discipline of genetic counseling has been criticized from its very beginning, in particular because of its early association with the eugenics movement. This paper presents a critical and reflective overview of how genetic counseling is implicitly embedded in the history of eugenics but also counteracts past eugenic practices and ideas. After World War II, attempts (...) were made to distance genetic counseling from eugenics. The first definition of genetic counseling did not position this field as a medical encounter but "as a kind of genetic social work aimed primarily to provide people with an understanding of their family's genetics problems." This approach was a reaction to the genetic and social evolutionary ideas that informed eugenic theories during the first half of the 20th century. Professionals engaged in genetic counseling during the 1940s and1950s rejected eugenic practices, but there was still support for eugenics’ goals of improving heredity and eliminating disease. From the 1960s, genetic counseling underwent professionalization alongside feminization and a definition of core values. Among these values were nondirectiveness counseling and the autonomy of the counselee. The dark shadow of Nazi ideology and other eugenic practices, attempts to employ the historical responsibility of geneticists, and the dynamic medical, social, political, and educational changes of the 1960s and 1970s helped to frame approaches and delineate the goals and limits of the new profession of “genetic counseling.”. (shrink)

‘IB was one of the great affirmers of our time.’ John Banville, New York Review of Books The title of this final volume of Isaiah Berlin’s letters is echoed by John Banville’s verdict in his review of its predecessor, Building: Letters 1960–75, which saw Berlin publish some of his most important work, and create, in Oxford’s Wolfson College, an institutional and architectural legacy. In the period covered by this new volume (1975–97) he consolidates his intellectual legacy with a series (...) of essay collections. These generate many requests for clarification from his readers, and stimulate him to reaffirm and sometimes refine his ideas, throwing substantive new light on his thought as he grapples with human issues of enduring importance. Berlin’s comments on world affairs, especially the continuing conflict between Israel and the Palestinians, and the collapse of Communism, are characteristically acute. This is also the era of the Northern Ireland Troubles, the Iranian revolution, the rise of Solidarity in Poland, the Chernobyl nuclear disaster, the fall of the Berlin Wall, Ayatollah Khomeini’s fatwa against Salman Rushdie, the spread of Islamic fundamentalism, and wars in the Falkland Islands, the Persian Gulf and the Balkans. Berlin scrutinises the leading politicians of the day, including Reagan, Thatcher and Gorbachev, and draws illuminating sketches of public figures, notably contrasting the personas of Alexander Solzhenitsyn and Andrey Sakharov. He declines a peerage, is awarded the Agnelli Prize for ethics, campaigns against philistine architecture in London and Jerusalem, helps run the National Gallery and Covent Garden, and talks at length to his biographer. He reflects on the ideas for which he is famous – especially liberty and pluralism – and there is a generous leavening of the conversational brilliance for which he is also renowned, as he corresponds with friends about politics, the academic world, music and musicians, art and artists, and writers and their work, always displaying a Shakespearean fascination with the variety of humankind. Affirming is the crowning achievement both of Berlin’s epistolary life and of the widely acclaimed edition of his letters whose first volume appeared in 2004. (shrink)

Courts and commentators do not differentiate between defendants who perpetrate crimes by means of inanimate weapons or trained animals and those who perpetrate crimes by means of other human beings used as innocent agents. I argue that this widely accepted comparability is grossly insensitive to the violation of the human dignity of the person whom the perpetrator has turned into an instrument to an offence. Identifying the innocent agent as a possible second victim of the offence alongside the intended victim (...) raises several issues of both morality and law. First, the question of moral pertinence: do the scenarios that the law recognises as cases of innocent agency involve a violation of the dignity of the innocent agent? Second, the question of criminalisation: is it appropriate to invoke criminal law to protect the dignity of the innocent agent? Third, the question of the protected interest: assuming that both the dignity of the innocent agent and their autonomy are compromised, which of these violations is graver? I argue that there is a strong connection between the doctrine of innocent agency and the violation of the dignity of the innocent agent; that the violation of the innocent agent’s dignity is severe enough to warrant criminalisation and that this is simple enough to enforce; and that the injury to the innocent agent’s dignity is more significant than the injury to their autonomy. The operative proposal of this article is that the law should recognise perpetration by means of innocent agents as an aggravated mode of commission or an aggravating factor in punishment. (shrink)

Liberty is an expanded edition of Isaiah Berlin's classic of liberalism, Four Essays on Liberty. Berlin's editor Henry Hardy has incorporated a fifth essay, as Berlin wished, and added further pieces on the same topic, so that Berlin's principal statements on liberty are available together for the first time. He also describes the gestation of the book and throws further biographical light on Berlin's preoccupation with liberty in appendices drawn from his unpublished writings.

In today's age of restrictionism, a growing number of countries are closing their gates of admission to most categories of would-be immigrants with one important exception. Governments increasingly seek to lure and attract “high value” migrants, especially those with access to large sums of capital. These individuals are offered golden visa programs that lead to fast-tracked naturalization in exchange for a hefty investment, in some cases without inhabiting or even setting foot in the passport-issuing country to which they now officially (...) belong. In the U.S. context, the contrast between the “Dreamers” and “Parachuters” helps to draw out this distinction between civic ties and credit lines as competing bases for membership acquisition. Drawing attention to these seldom-discussed citizenship-for-sale practices, this essay highlights their global surge and critically evaluates the legal, normative, and distributional quandaries they raise. I further argue that purchased membership goods cannot replicate or substitute the meaningful links to a political community that make citizenship valuable and worth upholding in the first place. (shrink)

The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region--with its specific level of wealth, degree of stability, and human rights record--is a crucial factor in the determination of life chances. However, birthright entitlements still dominate both our imagination and our laws in the allotment of political membership to a (...) given state. In this article we explore the striking conceptual and legal similarities between intergenerational transfers of citizenship and property. The analogy between inherited citizenship and the intergenerational transfer of property allows us to use existing qualifications found in the realm of inheritance as a model for imposing restrictions on the unlimited and perpetual transmission of membership--with the aim of ameliorating its most glaring opportunity inequalities. (shrink)

Despite the fundamentally binary character of justification, an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of “partial justification” in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the (...) conduct-guiding function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

In British Hegelianism we find, forgotten, a weighty theory of individuality. This theory remains one of the most sustained attempts in the history of philosophy to analyze the individual, not in the social or psychological sense, but as a logical-metaphysical category. The Idealist conceptualization of the individual is bound with their unconventional theory of universals, for they argued that any individual is a “concrete universal,” and vice versa. This article reconstructs the British Idealist theory of individuality, highlighting its key insights: (...) (a) the individual is not a simple unit, but a small system with interrelated parts; (b) the individual is not simply given, but is mediated by thought; (c) the individual is the conceptual glue holding the parts together and assigning them their respective places; (d) the conceptualization of the individual lies at the intersection of logic, aesthetics and systems theory. (shrink)

In order for the Food and Drug Administration to receive the trust and deference it needs to accomplish its mission, it must be seen as relatively impervious to political manipulation. For most of the FDA’s history, it has been seen as an institution driven by scientific expertise, not by political maneuvering. However, the FDA was increasingly criticized during the Bush administration for politicizing decisions such as rejecting an application to grant the “morning after pill,” known as Plan B, over-the-counter status (...) for women of all ages. After an atypical approval process, the FDA approved OTC Plan B use only for women over the age of 18. Because some groups perceive the morning after pill as a form of abortion, the politically appointed leadership of the FDA was suspected of dramatically departing from normal FDA procedures in order to ensure that the application would not be approved. (shrink)

Initially portrayed as the “great equalizer,” the COVID-19 pandemic has proved anything but. This essay recounts the sobering social disparities and vulnerabilities that the pandemic has exposed, especially when it comes to the inequalities that are baked into existing membership regimes, before turning to narratives of hope and democratic renewal. My discussion shines a spotlight on the relationship between borders, (im)mobility, and struggles for recognition and inclusion that have long been central to the practice of citizenship. Focusing on pathways to (...) the acquisition of full membership status for those who are currently denied it, I will deploy logics and policies that have already begun to take shape in different parts of the world, with the goal of amplifying their effects and multiplying their scale. I identify three possible trajectories for postpandemic recovery, two of which offer ways to enhance equality of status and public standing by enlarging the circle of membership: first, through contribution (or what I will term “jus contribuere”), and second, by highlighting what we might call “solidarity in place.” The third reaction, which we might call the “stratification of membership,” pulls in the opposite direction by sharply redrawing the lines—legal, economic, social—that have distinguished insiders from outsiders, and exacerbated patterns of stratification and inequality of status and opportunity that predate the pandemic. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 615-623, July 2022. In this response essay, Ayelet Shachar replies to her critics, pushing beyond the arguments developed in her most recent book, The Shifting Border, to probe new ideas. Specifically, she elaborates five avenunes for exploration: dethorning the state as the exclusive decisionmaker on migration; finding the tools to alleviate oppression in the criticized practices themselves; identifying rights and duty-bearers; exposing the spatial dimension of structural injustice; and revisiting (...) the role of territory as mediating equality. (shrink)

National and international criminal law systems are continually seeking doctrinal and theoretical frameworks to help them impose individual liability on collective perpetrators of crime. The two systems move in parallel and draw on each other. Historically, it has been mostly international criminal law that leaned on domestic legal systems for its collective modes of liability. Currently, however, it is the emerging jurisprudence of the International Criminal Court that is at the forefront of innovation, with the doctrine of indirect co-perpetration taking (...) the lead in international prosecutions. The article assesses the potential contribution as well as the limits of this compound doctrine to domestic criminal law jurisprudence, particularly with regard to small-group criminality. Four modes of indirect co-perpetration are discussed, namely shared control, concerted control, controlling board, and flawed triangle perpetration. A doctrine of indirect co-perpetration would enable liability in these modes of perpetration, perhaps with the exception of the latter, which marks the limits of its applicability. (shrink)

This essay examines the origins of three political doctrines of the twentieth‐century—Communism, Fascism, and Marxism—which Berlin linked through attributing to them the assumption that human life tended in ‘only one direction’. He contrasted this briefly with his own view that human goals were really various and ‘at times incompatible’.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This remarkable collection contains Isaiah Berlin's appreciations of seventeen people of unusual distinction in the intellectual or political world, sometimes both.

"Political Ideas in the Twentieth Century", Historical Inevitability", "Two Concepts of Liberty", "John Stuart Mill and the Ends of Life". These four essays deal with the various aspects of individual liberty, including the distinction between positive and negative liberty and the necessity of rejecting determinism if we wish to keep hold of the notions of human responsibility and freedom.

Cet article est la traduction française de l’introduction du livre d’Ayelet Shachar, «The Puzzle of Birthright Citizenship», avec la permission de l’éditeur, tirée de The Birthright Lottery : Citizenship and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 President and Fellows of Harvard College. Traduction de Martin Provencher.This paper is the French translation of Ayelet Shachar’s introduction, «The Puzzle of Birthright Citizenship», digitally reproduced by permission of the publisher from The Birthright Lottery : Citizenship and Global (...) Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 by the President and Fellows of Harvard College. Translation by Martin Provencher. (shrink)

About the philosophy of Giambattista Vico, 1668- 1774 and Johann Gottfried Herder, 1774-1803.

This lecture insisted upon negative liberty as the political complement to the human capacity for free choice, and made matching metaphysical claims: the nature of being, and especially the conflicts amongst values, were inconsistent with totalitarian claims. Berlin, arguing along this line, provided an account of the perversion of positive liberty into a warrant for such claims, discussed nationalism, and emphasized the value‐pluralism, now linked so frequently with his name.

ABSTRACTThis paper attempts to shed light on Hegel’s recurring comment that Spinoza’s philosophy lacks the ‘principle of individuality’. It shows that this criticism can have three distinct meanings: that Spinozism cannot account for the multiplicity of finite individuals; that Spinozism leads to a moral devaluation of the finite individual; the form of substance is indifferent and lacks a differentiating principle. It is shown that Hegel argued, somewhat incoherently, for all three.

Stremlenie k idealu -- Chuvstvo realʹnosti -- Estestvennai︠a︡ li nauka istorii︠a︡? -- Dva ponimanii︠a︡ svobody -- Dzhambattista Viko i istorii︠a︡ kulʹtury -- Zhozef de Mestr i istoki fashizma -- Protivniki prosveshchenii︠a︡ -- Nat︠s︡ionalizm : vcherashnee upushchenie i segodni︠a︡shni︠a︡i︠a︡ sila -- Marksizm i Internat︠s︡ionala v XIX veke.

Common law treats cases of misfire in which the actor has a valid defence in relation to either the intended victim or the victim actually harmed as particular instances of ‘transferred malice’. It is said that just as the actor’s intention is fictitiously ‘transferred’ from the intended victim to the victim harmed so are defences, meaning that any—and only—defences that would have been available to the actor had he harmed the intended victim will be granted to him with regard to (...) the harm caused to the actual victim. I argue that the blanket solution of transferring defences ‘as is’, without accounting for their differing rationales and their specific implications for cases of misfire, produces bad reasoning and oversimplified decisions—and should therefore be substituted by a separate examination of the actor’s liability with respect to each victim and each type of defence. However, I reject the more robust argument that commentators have made, that a conclusion against transferring defences entails a conclusion against transferred malice in general. I argue that the underlying logic of transferred malice—i.e., treating victims of equivalent wrongs alike—stays intact even if we excise from it the treatment of cross-victim defences. (shrink)

In the recently published collection, Criminal Law and the Authority of the State, two contributions allude to an analogy with parental authority as a means to a better understanding of the institution of criminal punishment, but reach different conclusions. Malcolm Thorburn uses the parental authority analogy to justify the institution of state punishment as an assertion of robust authority over offenders. Antje du Bois-Pedain uses the same analogy to advocate the idea of punishment as an inclusionary practice, designed to reintegrate (...) offenders into society. I argue that Thorburn’s theory of robust authority is inconsistent if not self-contradictory when it tries to assume a liberal posture, and that du Bois-Pedain’s reintegrative model provides a better account of the justification and objectives of state punishment. (shrink)