The pluralistic and interdisciplinary nature of semiotics has never been more pronounced than it is in our assembly of scholars approaching the idea of Law and Aesthetics in their respective fashions. Nevertheless, despite vastly different cultural influences and different referent systems of law, and despite those barriers at the modern university which impede dialogue across disciplines and certainly across colleges, and which seem to regard individual human beings from atomistic perspectives, there are so many cross-references to link our contributors into (...) a community that the problem is in deciding which theses are to be most emphasized. This is a time for a fanning out, for expansion, for a free walking of the ground of a new idea...The idea of a Legal Aesthetics needs to begin to grow and to differentiate itself. As is the case of all semiotic processes, Legal Aesthetics is, also, a self-regulating and self-organizing and self-generating system, or idea. It is a wonder to simply be able to observe the growth of an idea called legal semiotics. It is such a wonder that Peirce would have loved to have lived into our time to see, to share, to investigate. This branching off of legal semiotics into Law and Aesthetics is, in a sense, a new graft and the start of a new hybrid. (shrink)

Most philosophical systems of ethics are based upon the reciprocity principle as expressed by the Golden Rule: “Do unto others as you would have them do unto you!” The same idea underlies Kant's categorical imperative: “Act always on such a maxim as thou canst at the same time will to be a universal law!” Here, the individual act is generalized into, and considered as the specific application of the general law of ethics.

Beginning by offering an overview on legal aesthetic humanisms as a specific embodiment of critical discourse, and discussing the ways the recreation of juridical experience, rationality, and culture underpinning such a criticism, leaving behind monolithic views on textuality, judgment, and subjectivity, positively contributes to unsettling the main assumptions underlying typical understandings of law’s autonomy—mostly those of formal specification of juridical “sources” and “scientific” isolation of legal thought—, this paper argues that simply reproducing aesthetic heterodoxy as the epitome of a humanist (...) ‘alternative to law’, without first debating the very orthodox-heterodox binomial, ends up overlooking the discursive and methodological specificity of law, as a particular experience of practical and normative validity. In this way, it introduces, from an axiological-normative and juridically oriented standpoint, a different—jusaesthetic—argument for re-examining the relationship between law’s praxis, nomos, and community. (shrink)

This new study seeks to reopen the law-ethics debate from a postmodern perspective and calls for a radical reassessment of the relationship between law and morality.

This is a series of reflections on the aesthetic dimensions of law (how it is presented and conveyed to its subjects) and justice (the ways in which justice can be aesthetically satisfying or dissatisfying).

Images of nature abound in the practice of international environmental law but their significance in law is unclear. Drawing on visual jurisprudence, and interpretative methods for visual art, this book analyses photographs for their representations of nature's aesthetic value in treaty processes that concern world heritage, whales and biodiversity. It argues that visual images should be embraced in the prosaic practice of international law, particularly for treaties that demand judgements of nature's aesthetic value. This environmental value is in practice conflated (...) with natural beauty, ethical and cultural values, and displaced by economic and scientific values. Interpretations of visual images can serve instead to critique and conceive sensory, imaginative and emotional appreciations of nature from different cultural perspectives as proposed by philosophers of environmental aesthetics. Addressing questions of value and the visual, this landmark book shows how images can be engaged by nations to better protect the environment under international law. (shrink)

According to Duns Scotus, the First Table of the Decalogue contains only those moral propositions whose truth value is known from their terms alone, or conclusions that necessarily follow from them. As such, God cannot make a dispensation from them. In contrast, God can make dispensations from the Second Table precepts, since these precepts are not logical deductions following necessarily from the First Table. Nevertheless, they are “highly consonant” with it. However, Scotus does not explain what he means by saying (...) the Second Table precepts are “highly consonant” with the First Table. Recently, Richard Cross and Oleg Bychkov have argued that consonance should be understood in terms of aesthetic considerations. This interpretation, however, falters in establishing that consonans ought to be construed aesthetically, and it contradicts explicit statements Scotus makes about divine freedom and what God can do: namely, it places constraints upon God’s will beyond mere logical possibility. (shrink)

Kant is widely acknowledged for his critique of theoretical reason, his universalistic ethics, and his aesthetics. Scholars, however, often ignore his achievements in the philosophy of law and government. At least four innovations that are still relevant today can be attributed to Kant. He is the first thinker, and to date the only great thinker, to have elevated the concept of peace to the status of a foundational concept of philosophy. Kant links this concept to the political innovation of his (...) time, a republic devoted to human rights. He extends the concept by adding to it the right of nations and cosmopolitan law. Finally, Kant democratizes Plato's notion of philosopher kings with a concept of 'kingly people'. This book examines all aspects of this important, but neglected, body of Kant's writings. (shrink)

This article supports H. L. A. Hart's “any reasons” thesis (defended consistently from the first edition of The Concept of Law in 1961 to the Postscript to the second edition of 1994) that legal officials may accept law for any reasons, including non‐moral reasons. I develop a conception of non‐moral aesthetic ideals of official conduct which may provide legal officials with reasons to accept and apply even morally iniquitous law. I use this conception in order to rebut Gerald Postema's and (...) Joseph Raz's criticisms of Hart's view, and suggest that my revisions offer reasons for renewed confidence in Hart's account of law's normativity. (shrink)

Ernst Bloch, one of the most original and influential of contemporary European thinkers and a founder of the Frankfurt School, has left his mark on a range of fields from philosophy and social theory to aesthetics and theology. Natural Law and Human Dignity, the first of his major works to appear in English is unique in its attempt to get beyond the usual oppositions between the natural law and social utopian traditions, providing basic insights on the question of human rights (...) in a socialist society. Natural Law and Human Dignity is a sweeping yet synthetic work that critically reviews the great legal philosophies, from Plato to the present, in order to uncover and clarify the normative features of true socialism. Along the way it offers thoughtful reflections on topics as diverse as the abolition of poverty and degradation, the nature of the state, and the installation of freedom and dignity.Taking the idea of natural law as his guiding thread, Bloch argues that revolution and right, rather than being antagonistic, are fundamentally interconnected. With their emphasis on human dignity, the traditions of natural law have an irreplaceable contribution to make to the socialist vision of a more humane society. In his effort to wed the demands of law and right to the agenda of social revolution, Bloch offers a radical restructuring of our understanding of the social world. This rethinking of the fundamental principles of political philosophy is the product of a long personal and philosophical odyssey. Bloch lived as a writer in Munich, Bern, and Berlin until he was forced to emigrate to Czechoslovakia and then to the United States during World War 11. After the war he returned to East Germany, where he held a chair in philosophy at the University of Leipzig. He emigrated to the west as the Berlin Wall was being built, and he taught at the University of Tübingen until his death. Natural Law and Human Dignity is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

This study aimed to elucidate the intrinsic artistic laws and aesthetic characteristics of Chinese youth films, thereby facilitating a more profound comprehension of the cultural transformations and spiritual outlook of contemporary Chinese society. By examining the evolution of Chinese youth films across different historical periods, it becomes evident that in the initial period (1930-1970), youth films predominantly depicted romantic idealization and emphasized the spiritual aspects of young people. With the advent of reform and opening up, youth films in the next (...) phase (1970-2010) began to shift their focus towards the inner world, philosophy, spirituality, and the confusion of reality experienced by young people. This shift is exemplified by films such as _Lushan Love_ and _Sunny Days_, which received widespread acclaim. When this genre entered its maturity stage (2010-2024), youth films exhibited a diversification of expressions, with a particular focus on campus love. However, they also encountered the challenge of narrative homogenization in subsequent stages, as evidenced by films such as _To Our Lasting Youth_ and _Small Times_. This study also explored the main factors affecting the development of domestic youth films through empirical analysis. The study found that box office revenue, the brand value of actors and directors, and changes in narrative style and aesthetic orientation were important factors affecting the development of domestic youth films. At the same time, social changes, technological progress and audience demand have also had a profound impact on the development of youth films. (shrink)

Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

The essay draws on Michel Serres’ writings on education in order to derive from them a general theory. Though the polyglot philosopher never presented his philosophy of education as a formal system, it was a lifelong concern that he addressed from the perspectives of mathematics and physics; literature and myth; art and aesthetics; justice and the law. Ever elusive in his prose style, Serres was a magnetic and infectious educator who, ironically, and perhaps understandably, did not gain the sort of (...) following enjoyed by other French philosophers with whom he cuts such a contrast. The essay assesses the Serresian pedagogy in three key areas: the mutual translatability of the pedagogies of the humanities and arts versus those of the social and hard sciences; the urgent need for an environmental ethics of education; and the permeation of effective instruction by aesthetics. (shrink)

Graphic justice and the law of aesthetics have in very recent years successfully brought law, aesthetics and comics scholarship into the same space. The culture of copyright infringement within comics (including in the Marvel, DC, and Disney universes) has been extensively in the literature by scholars including Saval. How copyright law is portrayed within the graphic novels and comics themselves is the focus (and contribution of) this article. This article will explore several comics and graphic novels, as well as included (...) this author’s reflections of portraying copyright visually within zines for public dissemination. Throughout this article, the discourses of ghosts and spectres that are interwoven with copyright law and haunt the texts will be seen, as will the discourses of oppression and warfare that are involved for anyone seeking to make use of copyright works. As Gómez Romero and Dahlman note, comics offer “an alternative legal discourse” and we can see these alternative legal discourses through their aesthetic graphic form. This article will consider: the aesthetic portrayal of copyright law in A Gift for a Ghost and Josie and the Pussycats No. 6; as well as Bound by Law, Theft! A History of Music, and Pictures within Pictures. These comics and graphic novels have been chosen as they aesthetically portray copyright law and copyright infringement (referred to in some of the comics as “plagiarism”), and others aesthetically portray the public domain and fair use. In viewing these aesthetic manifestation of copyright law, the reader understands the limiting nature of copyright on creative freedoms, and that copyright law’s power is absolute. This article will explore the following: (i) copyright’s aesthetic portrayals and the impact of this; (ii) comics haunted by copyright law, considering A Gift for A Ghost and Josie and the Pussycats; (iii) comics about the necessity of the public domain and fair use, considering Bound by Law, Theft! A History of Music, and Pictures within Pictures; and (iv) self-reflections on portraying copyright aesthetically in publicly disseminated research zines. This article has not set out to determine that certain visual aesthetic portrayals are “correct” or “better”, but rather to explore how legal discourses and narratives about copyright law are circulated through the comics medium. These visual depictions hold considerable weight, and it is striking to see similar narratives used across a range of comics works, with different intended audiences. What is clear is that the visual depiction of copyright law enables a greater ability to convey the multiple copyright law discourses that can be felt at once, and also to highlight that some of these discourses are contradictory to one another. (shrink)

This book offers a powerful, comprehensive and compelling rereading of Hobbes's theory of representation, by reinstating it in a wider pattern of Hobbes’s theorizing about human thought and action in relation to images, roles and fictions of various types.

Street art and graffiti are on the rise and their problematic relationship with the law is becoming an increasingly pressing issue. This paper considers a series of high profile street art controversies involving famous street artists Banksy and Alice Pasquini as cases studies for illuminating such a relationship. First, by discussing the “Banksy’s Law” – a “law” protecting street artworks in the style of Banksy while condemning graffiti – and its perceived arbitrariness, I investigate what I call the structural differences (...) between aesthetic and legal judgments. While not denying some continuity in reasoning about the law and the arts, I argue that legal judgments possess a degree of formality that cannot be found in their aesthetic counterpart. Second, in expanding my discussion, I also maintain that aesthetic considerations should not function as overriding reasons in legal determinations. By being illegal, many street artworks and graffiti acquire subversive power. If deprived of the possibility of challenging the law because of their aesthetic value, these art forms would lose much of their political value. And, more generally, a world where artworks cannot challenge the law is a world where the arts are rather superficial forms of entertainment. (shrink)

Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, and the political (...) struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration. (shrink)

This article develops some conceptual correlations between Kant’s theory of aesthetic judgment and the common law tradition of legal judgment. The article argues that legal judgment, like aesthetic judgment, is best conceived in terms of intersubjective validity rather than objective truth. Understanding the parallel between aesthetic and legal judgment allows us to appreciate better the relationship between subjectivity and intersubjectivity, the individual and the community, in the formulation and communication of judgments, which combine a personal response and a reasoned determination (...) intended for a discrete audience. The article frames and pursues these themes in relation to four core concepts in Kant’s aesthetic theory: judgment, communication, community, and disinterestedness. Through sustained comparison and application of these concepts in aesthetic judgment and legal judgment, the article provides a conception of judging that more accurately captures the common law role and relationship of the individual judge and the institutional judiciary as integral parts of the broader legal and political community. (shrink)

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how a (...) sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

Tarot cards are one means to unlocking an image. In this article, the image is that of the Albanian writer and political dissident Musine Kokalari at her 1946 trial. Her photograph features in Albanian discourses about its communist past. I argue that the image provides clues as to the manner in which the country has faced up to its own history. For what is certain is that the Albanian account of the Enver Hoxha dictatorship remains incomplete. Drawing on Walter Benjamin’s (...) notion of ‘here-and-now in a flash’, and Roland Barthes’ and Italo Calvino’s reflections on photography and the power of the visual, we can identify at least two distinct memory regimes in the relevant historical, legal and political narratives. (shrink)

This special issue of HYPATIA: A Journal of Feminist Philosophy entitled "Women, Art, and Aesthetics" highlights the expanded range of topics at center stage in feminist philosophical inquiry to date (2003): recontextualizing women artists (essays by Patricia Locke, Eleanor Heartney, and Michelle Meagher), bodies and beauty (Ann J. Cahill, Sheila Lintott, Janell Hobson, Richard Shusterman, Joanna Frueh), art, ethics, politics, law (A. W. Eaton, Amy Mullin, L. Ryan Musgrave, Teresa Winterhalter), and review essays by Estella Lauter and Flo Leibowitz. Annotated (...) bibliography by Joshua Shaw. (shrink)

The British idealist philosopher Bernard Bosanquet argues that the legitimacy of the law and the obligation to obey the law are rooted in what he calls the ‘real will.’ This notion of the real will, however, has often been claimed to be problematic. In this paper, I argue that the notion of the real or general will can be made clearer and, arguably, more satisfactory, if one looks at Bosanquet’s notion of aesthetic consciousness. I provide a short account of Bosanquet’s (...) views on art and aesthetic consciousness and identify a number of points on which aesthetic consciousness and awareness of the real will are, arguably, similar. This similarity suggests that the notion of the real will may be more plausible – or, at least, less problematic – than critics have alleged. (shrink)

This paper examines the role of performance in law and music as a structural means of their self-programming construction. Music and law are considered as parallel social practices or performative doings. The paper begins with a critical analysis of the special aesthetical features of present-day juridical practice as exemplified by legal trial and legal expertise. Drawing upon reflections on the modern discourse on aesthetics and art, the article then examines in greater detail the specific traits of performance in law and (...) jazz music. Performative processes move from representation to presentation, from a preoccupation with rules and controlling to induced self-programming. Both law and jazz regard the unknown future as a resource for present decisions by “inventing” new possibilities; both require, expand and promote a responsibility that does not follow from statutes nor can be expressed in a code of ethics. Finally, the article addresses the performance situation in jazz. Jazz being polyphonic and improvisational by nature, improvisation makes explicit tradition by staging the context dependency of its performance. It is mediated by the knowledge, the operational history and the communication of the participants. Jazz is an exercise in the possibilities of an “aesthetics of imperfection” which can open up new ways of seeing law and politics. (shrink)

The rise of the idea of the Anthropocene is promoting multiple reflections on its meaning. As we consider entering this new geological epoch, we realize the pervasiveness of humankind’s deconstruction and reconstruction of the Earth, in both geophysical and discursive terms. As the body of the Earth is marked and reshaped, so is its idea. From a hostile territory to be subjugated and exploited through sovereign commands, the Earth is now reframed as a vulnerable domain in need of protection. The (...) mode of sovereignty, which has accompanied human and legal history and practice during modernity and its project of mastery, is no longer useful. Humanity’s control of the Earth is being reimagined and reconfigured along biopolitical coordinates of thought and action. Biopolitics shifts the focus of power, changes its modalities of interventions, and rearticulates its legitimacy on the idea of taking responsibility for the Earth, for nature. A biopolitical re-orientation of law captures the fundamental aim of caring for nature, of fostering its vital possibilities and of enhancing its productive potential. Yet, biopolitics engulfs nature in its entirety under its framework of control, where protection and subjugation, vulnerability and productivity, life and death are constantly entangled in a reciprocal and inevitable relation of indistinguishability. Sovereignty becomes thus a key modality of biopolitical intervention, when nature is recalcitrant, wild, spontaneous, unpredictable, violent, dangerous. Biopolitics, thus, remains caught in an undecidable dilemma, where in order to protect the Earth, it must subjugate it; to save it, it must condemn it. In this respect, biopolitics remains utterly modern, or as argued by Roberto Esposito, modernity has always been biopolitical, insofar as modernity has emerged as a framework for the protection of life against life’s own excesses. But how can we escape the biopolitical reframing and enframing of the Earth and its total subsumption under its matrix of control? How can we rethink the encounter between law and nature without remaining entangled in the aporetic dilemma of biopolitics? An aesthetics of wonder may offer a way. (shrink)

Christine Battersby has argued that it is Kant who provides the paradigm model of what it is to be a self in modernity. The Kantian self is established in opposition to its other. The body is commonly envisaged as a container, with selfhood as something that is defended against the outside. In contrast, she proposes a feminist reworking of such a model of selfhood, applicable to both men and women, in which the self and other emerge over time through patterns (...) of relationality. This paper introduces Battersby’s work by focusing upon her early analysis of Kantian aesthetics, in particular the sublime. The aim is to draw out some of the legal and political implications of her work, particularly with regard to the common law’s developing conception of privacy. This is carried out by distinguishing her ontological position from the psychology of Carol Gilligan and then by considering the overlapping concerns of Jennifer Nedelsky in the area of legal theory. (shrink)

The main task of the paper is to explore Kant’s understanding of what unites the three kinds of judgment that he regards as the signature judgments of the three fundamental faculties of the mind--theoretical, practical and aesthetic judgments--in a way that preserves their fundamental differences. I argue that these are differences in kind not only in degree; or, in the terms I motivate in the paper, differences in form. Thus, I aim to show that (1) the Romantic unity of knowing, (...) doing, and enjoying is not only inspired by Kant, but is in Kant’s own writings, and that (2) Kant understands this unity as a unity within a categorical variety: for him, theoretical judgment, practical judgment, and aesthetic judgment are the paradigmatic judgments of three formally different and irreducible rational capacities. I argue that a chief component in understanding the unity in this multiplicity is the imagination. This is because lawfulness turns out to be an essential mark of the “high” or “rational” aspects of the mind. But, for Kant, human beings can be lawful, and thus rational, in and of their world, only insofar as they are also imaginative. It is the imagination that allows us to be rational in our empirical world: to be rational animals. (shrink)

This paper analyzes how 'Jewishness' functions as a scapegoat for the apparently unbridgeable gap between spirit and matter in Hegel's social and aesthetic theory. If Hegel accuses 'the Jews' and 'Judaism' of inhabiting a radical divide between the empirical and the spiritual - a divide that coincides with the one between body and body politic - he follows the trajectory of Kant's opposition between autonomy and heteronomy. Kant's notion of freedom describes reason's transcendence of the material world, but this state (...) of autonomy paradoxically depends on the heteronomous force of legal power that enforces a 'Mine and Yours' ownership and property distinction. In Kant's account 'Jewishness' embodies a social way of life founded on superstition (Aberglaube) that enacts the opposite of autonomy and is heteronomously bound to objects of empirical reality, whereas the 'Mine and Yours' ownership and property distinction of a Kantian civil society teaches the foregoing of material goods, if contact with them violates positive law. Developing Kant's idealism, Hegel accuses 'the Jews' of making immediate being absolute. By conflating 'Jewishness' and materialism, Hegel excludes 'the Jews' from his idealist conception of the body politic. Key Words: anti-Semitism • autonomy • body • culture • dialectics • German idealism • Hegel • heteronomy • immutability • Kant. (shrink)

This paper examines the relationships between Goethe's morphology and his ideas on aesthetic appraisal. Goethe's science of morphology was to provide the method for making evident pure phenomena [Urphänomene], for making intuitable the necessary laws behind the perceptible forms and formation of living nature, through a disciplined perception. This emphasis contrasted with contemporary studies of generation, which focused upon hidden formative processes. It was his views on aesthetic appraisal that informed these epistemological precepts of his science. His study of antique (...) artefacts convinced Goethe that these should be prototypes for all art, since they made perceptible the ideal of art, its archetypes or objective forms. His ambition was to eliminate the subjective elements he contended were leading contemporary art astray. He argued that the techniques he developed for cultivating the perception of the ideal exemplars of art could become a model for science, enabling the intuition of the objective forms of nature through a similar disciplined and cultivated perception. This paper also examines some of the wider motivations for the particular emphases Goethe gave to his science and aesthetics, noting a similar impulse to discipline unruly forces in his life -- in his work as an administrator for the Weimar court and Jena University, in his vision of an ideal German culture centred on the aristocracy, and in his literary productions and biographical writings. Finally it discusses the extent to which those unruly elements nevertheless remained a potent and disturbing presence in his understanding of nature, his art and his life. (shrink)

Bell argues that the dialogue that emanate from the aesthetic realm cannot be understood through a solely art-historical approach; instead, they must be understood as part of a collective endeavour. In this sense, the 'art' of post-dictatorship is not something that belongs to art or the artists themselves, but is about how the subjectivities and imaginations of new generations engage with questions of response, ethics and justice; and, in so doing, re-align themselves in relation to the past and to the (...) future. This book provides a valuable resource for those interested in the law, politics, art and sociology of contemporary Argentina. It will be of immense use to those studying in these areas and to those concerned more widely with transitional justice and memory politics. (shrink)

Ruben Berrios Queen’s University Belfast Anti-realism and Aesthetic Cognition Abstract At the core of the debate between scientific realism and anti-realism is the question of the relation between scientific theory and the world. The realist possesses a mimetic conception of the relation between theory and reality. For the realist, scientific theories represent reality. The anti-realist, in contrast, seeks to understand the relations between theory and world in non-mimetic terms. We will examine Cartwright’s simulacrum account of explanation in order to illuminate (...) the anti-realist position. Science consists of phenomenological and theoretical laws. The former are concerned with appearances, or those phenomena that can be directly observed; the latter involve the unobservable reality that is alleged to underlie appearances, and are capable only of indirect confirmation. Phenomenological laws are said to be descriptive, whilst theoretical laws are understood as explanatory. Cartwright is concerned with the theoretical. She claims that the standard realist account of the explanatory efficacy of theoretical laws is faulty. The explanatory power of theoretical laws consists in their ability to provide an explanation of physical phenomena. According to Cartwright, the realist claims that laws explain phenomena by providing an abstract description of them, in terms of their micro-structural features, that is alleged to be true. On this view, explanatory power is entirely dependent on descriptive adequacy. As phenomenological laws describe appearances, so theoretical laws describe the fundamental reality that governs appearances. Cartwright rejects the preceding view and in its place proposes a simulacrum account of explanation. According to Cartwright, the explanatory power of theoretical laws is related not to descriptive adequacy, but rather to the construction of adequate models. To explain a phenomenon is to construct a model which best or most adequately accommodates the phenomenon to a theory. The model will consist of various posited objects that serve to explain the phenomena in terms that are consistent with a set of theoretical laws. Cartwright claims that theoretical laws are true of, or describe, the objects of the model. The objects of the model, however, are not descriptive of reality. They are simulacra. They have, that is, the form or appearance of things, without possessing their substance or proper qualities. In light of the foregoing account we can summarise the distinction between scientific realism and anti-realism as follows. The realist claims that theoretical laws literally represent real objects. The anti-realist claims that laws represent objects of a model that are simulacra of reality. Anti-realism has an aesthetic dimension. The movement from realism to anti-realism is also the movement from the mimetic conception of the scientist as holding a mirror to nature to the constructionist view of the scientist as engaging with nature through invention. There is a lot of the artist in the anti-realist’s view of the scientist. This is true for Cartwright as well as, for example, Van Fraassen in his doctrine of constructive empiricism. It would appear, then, that the philosophy of science has absorbed some concepts that are ordinarily housed in aesthetics. And it has done so profitably. The aim of this paper is to reverse the direction of disciplinary influence. Can art, in relation to its status as a cognitive enterprise, be illuminated by scientific anti-realism? I will argue that it can. In an unexpected reference to the Nicomachean Ethics, Cartwright draws a suggestive parallel between theoretical laws and general moral principles, on the one hand, and physical phenomena and everyday moral conduct, on the other hand. If we add to this the claim that a central component of art’s value is cognitive, then we have the basic materials with which to flesh out a broadly anti-realist view of art. In the production of art, artists can construct models that mediate between everyday ethical phenomena and general ethical tendencies. These models reveal the ways in which there are implicit consistencies or inconsistencies, conflicts or congruences and so forth, between the phenomena and the tendencies. On this basis art can contribute to the reflective understanding of ethical life. This constitutes to a large degree art’s status as a cognitive enterprise. To apprehend art cognitively as artist or critic is to engage in aesthetic cognition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Biting the Bullet:The Ethics and Aesthetics of ViolenceJonathan AllenThe Bullet's Song: Romantic Violence and Utopia, by William Pfaff. New York. Simon & Schuster, 2004, 368 pp.Regarding the Pain of Others, by Susan Sontag. New York, Picador, 2003, 131 pp.In the nineteenth century a broadly influential branch of Romantic philosophy insisted that goodness and beauty were intimately related. The goals of ethical and aesthetic education were taken to be one (...) and the same—the cultivation of the kalokagathos or "noble-and-beautiful" individual.1 This robust view of the relation between ethical and aesthetic education is now rarely defended; it was dealt a mortal wound by the inconvenient fact that highly cultured or Gebildete individuals have been implicated in the twentieth century's worst political crimes.This does not mean, however, that connections between ethical and aesthetic projects are no longer made. One such attempt to relate ethics and aesthetic—a bleak, somber, and deeply chastened attempt—is presented in the late Susan Sontag's Regarding the Pain of Others. In this small but dense book, Sontag assesses the hope that the reproduction of images, especially photographic images, of violence and atrocity might help to abolish war, or at least to play a role in combating genocide or the commission of gross violations of the laws of war. While she evidently wishes to find "an antidote to the perennial seductiveness of war," Sontag is doubtful that photography is equal to this moral burden.2Sontag's work concentrates on the aesthetic and ethical challenges that confront any attempt to convey the horrors of war to uninvolved observers. Her focus is thus trained on an attempt to exorcise what she refers to as the "seductiveness of war"; she is not primarily concerned to identify the source of war's allure (though she does have some interesting observations to make on the issue).3 William Pfaff, by contrast, is both repelled and fascinated by the modern embrace of violence. The Bullet's Song: Romantic Violence and Utopia offers an enthralling account of the intellectual and aesthetic forces that provoked the feverish modern love affair with violence and war. Pfaff is at least as doubtful as Sontag, however, that that love affair [End Page 100] is over and that we are in a position to forge a more pacific sensibility. Nevertheless, he insists that if we are to have the slightest hope of avoiding a full-scale repetition of the twentieth-century's "carnival of inhumanity," we need to understand the nature of its romance with violence.So how did that romance come about? The central theme of The Bullet's Song is the consequences of the loss of "chivalry." This, according to Pfaff, was a code that "held that what an individual or society could licitly do to another was limited by a morality linked to the essential values of Western civilization."4 Within this framework, it was expected that states would sometimes go to war with one another, but war was seen merely as an extreme means of settling disputes, not of eliminating entire societies or remaking the world. For individuals, war was presented as "a test of valor, rewarded by 'honor'"—in other words, it was seen as an occasion to test oneself in the light of a set of ideals of conduct that operated as constraints on permissible behavior in war.5 All of this came to a sticky end in the trenches of World War I, replaced by a morally nihilistic idea of total war. Pfaff claims that this moral vacuum proved intolerable to many individuals. They reacted in several different ways. Some attempted to construct "codes of individual transcendence" and "collective will," while others gave themselves over to "utopias based on historical fictions."6This is a very large story, and it is in fact too bulky for the confines of this book. First, it must be said that Pfaff fails to present his central claims clearly. He is unclear, for example, as to exactly what was lost with the destruction of the chivalric code, as well as what caused its destruction. At times, he seems to be suggesting that the rise of... (shrink)

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In the Origins of Kant’s Aesthetics, Robert Clewis characterises Kant’s early views of aesthetic normativity in terms of a synthesis of a rationalist appeal to laws of sensibility and an empiricist appeal to rules of taste that are arrived at through consensus about great works of art. On the consensus approach, sharing the experience of beauty with others is itself a source of pleasure and normativity. For Clewis, the mature Kant no longer ties aesthetic normativity to sociality, but instead grounds (...) it in the a priori principle of judgement. In these comments, I challenge Clewis’ narrative about Kant’s development and argue that the mature Kant continues to connect aesthetic normativity to the sociality of taste. (shrink)