[my chapter in "Dissident Philosophers: Voices Against the Political Current of the Academy" (2022), T. Allan Hillman and Tully Borland, eds.].

M. Tulli Ciceronis libri qui ad rem publicam et ad philosophiam spectant; vol. ix. Cato Maior de Senectute, Laelius de Amicitia; 50 Pf. vol. x. De Officiis; 80 Pf. ed. Th. Schiche, Leipzig, Freytag.M. Tulli Ciceronis Orationes Selectae; vol. i. Oratio pro Sex. Roscio Arnerino; 30 Pf. vol. ii. In Q. Caecilium Diuinatio, in C. Verrem Accusationis, Lib. iv. v.; ed. H. Nohl; 80 Pf. Leipzig, Freytag.M. Tulli Ciceronis Scripta quae remanserunt omnia. Recognovit C. F. W. Mueller. Partis ii. vol. (...) iii. Leipzig, Teubner, 1886. 2 Mk. 10. (shrink)

Annabel Brett and James Tully, ed., Rethinking the Foundations of Modern Political Thought, and D. N. DeLuna, ed., The Political Imagination in History: Essays Concerning J. G. A. Pocock.

James Tully: To Think and Act Differently collects classic, contemporary, and previously unpublished examples of public philosophy in action from across James Tully's four decades of scholarship. The book provides readers with a perspicuous representation of public philosophy as an ongoing experiment with reconstructing the practice of political theory as a democratizing and diversifying dialogue between scholars and citizens. This volume offers an overview of this participatory mode of political philosophy and political change by reconstructing the arc of Tully's intellectual (...) trajectory in contexts, illuminating moments of clarification and transformation, and the ways it continues to shed new insights into the challenges of citizenship in the present. Topics discussed include approaches to the history of political though, constitutionalism, democratic theory, comparative political theory, intercultural dialogue and translation; Indigenous political thought; settler colonialism and empire; climate change and sustainability; modernity; nonviolence; and mutual aid. It will be of interest to scholars of political philosophy, political theory, constitutional law, Indigenous studies, intellectual history, and ecological humanities. It will be of interest to scholars of political philosophy, political theory, constitutional law, Indigenous studies, intellectual history, and ecological humanities. (shrink)

Quentin Skinner is one of the leading thinkers in the social sciences and humanities today. Since the publication of his first important articles some two decades ago, debate has continued to develop over his distinctive contributions to contemporary political philosophy, the history of political theory, the philosophy of social science, and the discussion of interpretation and hermeneutics across the humanities and social sciences. Nevertheless, his most valuable essays and the best critical articles concerning his work have been scattered in various (...) journals and difficult to obtain. Meaning and Context includes five of the most widely discussed articles by Skinner, which present his approach to the study of political thought and the interpretation of texts. Following these are seven articles by his critics, five of these drawn from earlier publications and two, by John Keane and Charles Taylor, written especially for this volume. Finally, there appears a fifty-seven page reply by Skinner--a major new statement in which he defends and reformulates his method and lays out new lines of research. The editorial introduction provides a systematic overview of the evolution of Skinner's work and of the main reactions to it.Besides James Tully, John Keane, and Charles Taylor, the contributors include Joseph V. Femia, Keith Graham, Martin Hollis, Kenneth Minogue, and Nathan Tarcov. (shrink)

These two ambitious volumes from one of the world's most celebrated political philosophers present a new kind of political and legal theory that James Tully calls a public philosophy, and a complementary new way of thinking about active citizenship, called civic freedom. Professor Tully takes the reader step-by-step through the principal debates in political theory and the major types of political struggle today. These volumes represent a genuine landmark in political theory from the author of Strange Multiplicity, one of the (...) most influential and distinctive commentaries on politics and the contemporary world published in recent years. This first volume of Public Philosophy in a New Key consists of a presentation and defence of a contextual approach to public philosophy and civic freedom, and then goes on to study specific struggles over recognition and distribution within states. (shrink)

Constitutionalism in an Age of Diversity James Tully. these ambassadors from Haida Gwaii conciliate the goods which appear irreconcilable to us? To discover the answer, and learn our way around on this strange common ground, we need to ...

In this paper, I address the question of whether it is ever permissible to grant a request for physician-aid-in-dying (PAD) from an individual suffering from treatment-resistant depression. I assume for the sake of argument that PAD is sometimes permissible. There are three requirements for PAD: suffering, prognosis, and competence. First, an individual must be suffering from an illness or injury which is sufficient to cause serious, ongoing hardship. Second, one must have exhausted effective treatment options, and one’s prospects for recovery (...) must be poor. Third, the individual must be judged competent to request PAD. I argue that many cases of treatment-resistant depression meet the first two requirements. Thus, the key question concerns the third. I consider four features of depression that might compromise a person’s decision-making capacity. Ultimately, I conclude that PAD requests from depressed patients can be permissibly granted in some circumstances. (shrink)

. How does the doctrine of double effect apply to business decisions to sell products which may be harmful to consumers? Lawrence Masek believes that some authors have misapplied the doctrine to this type of decision and, as a consequence, have committed themselves to placing unwarranted constraints on businesses. Seeking to correct this mistake, Masek presents his account of how the doctrine applies here, an account which is rather permissive but which, he claims, nevertheless preserves the virtues of the doctrine. (...) It will be seen, though, that his attempt to loosen these putatively unnecessary constraints by appealing to consumer autonomy and an intuition about the morality of producing harmful products leaves the doctrine of double effect irrelevant to this type of decision. His argument that the doctrine is less restrictive in this context than others suppose leads ultimately to the conclusion that the doctrine does not constrain this kind of business decision at all. (shrink)

John Locke's theory of property is perhaps the most distinctive and the most influential aspect of his political theory. In this book James Tully uses an hermeneutical and analytical approach to offer a revolutionary revision of early modern theories of property, focusing particularly on that of Locke. Setting his analysis within the intellectual context of the seventeenth century, Professor Tully overturns the standard interpretations of Locke's theory, showing that it is not a justification of private property. Instead he shows it (...) to be a theory of individual use rights within a framework of inclusive claim rights. He links Locke's conception of rights not merely to his ethical theory, but to the central arguments of his epistemology, and illuminates the way in which Locke's theory is tied to his metaphysical views of God and man, his theory of revolution and his account of a legitimate polity. (shrink)

An approach to political philosophy: Locke in contexts brings together Professor Tully's most important and innovative statements on Locke in a treatment of the latter's thought that is at once contextual and critical. The essays have been rewritten and expanded for this volume, and each seeks to understand a theme of Locke's political philosophy by interpreting it in light of the complex contexts of early modern European political thought and practice. These historical studies are then used in a variety of (...) ways to gain critical perspectives on the assumptions underlying current debates in political philosophy and the history of political thought. The themes treated include government, toleration, discipline, property, aboriginal rights, individualism, power, labour, self-ownership, community, progress, liberty, participation, and revolution. (shrink)

The objective of this article is to deepen our understanding of transformative engagement in comparative and critical dialogues of comparative or transnational political thought. The first five sections discuss the challenges of dialogical comparative political thought. The following three sections discuss how a dialogue approach responds to these challenges and generates comparative and critical mutual understanding and mutual judgment.

This essay is my synopsis of the political philosophy of Charles Taylor with special reference to the central role of dialogue in his work. This includes dialogical relations with oneself, with others, with the natural world and with the spiritual dimension of life. Taylor has written many books on the history of these relationships in the West.

We know that law is a major enabler of the human activities that cause climate change, biodiversity destruction, and related ecosocial crises. We also turn to the law to regulate, mitigate, and attempt to transform these unsustainable human activities and systems. Yet, these regulatory regimes are often “recaptured” or “overridden” in turn by the very anthropogenic processes causing the crises. The resulting vicious cycles constitute the global trilemma of the twenty-first century that is rapidly rendering the living earth uninhabitable for (...) humans, in radically unequal ways, and for thousands of other species. Integral, non-violent, sustainable democratic constitutionalism is one modest, experimental, trial-and-error response to this trilemma. (shrink)

The ways citizen participation and democracy are changing are poorly understood due to the dominance of theories inherited from the eighteenth century. Democratic citizenship can be better understood if critical reflection is re-oriented around the games of concrete freedom here and now as recommended by Hannah Arendt, Ludwig Wittgenstein, Michel Foucault and Quentin Skinner.This orientation brings to light two distinctive types of citizen freedom in the present: diverse forms of citizen participation and diverse practices of governance in which citizens participate.

The paper is a critical survey of the last ten years of research on the principles of legitimacy of constitutional democracy and their application in practice in Europe and North America. A constitutional democracy is legitimate if it meets the test of two principles: the principles of democracy or popular sovereignty and of constitutionalism or the rule of law. There are three contemporary trends which tend to conflict with the principle of democracy and thus diminish democratic freedom. There are three (...) responses to the lack of legitimacy of these three trends. The first is to downplay the principle of democracy in order to endorse the three trends. The second is to uphold the principle of democracy, in the form of deliberative constitutional democracy, in order to criticise aspects of the three trends and to call for further democratisation. The third trend deepens this critical response by tying the test of democratic legitimacy more closely to case studies of attempts by citizens to exercise their democratic freedom. (shrink)

Les luttes pour la reconnaissance des identités nationales dans les sociétés multinationales et démocratiques subissent une réorientation fondamentale. Puisque les sociétés multinationales, après de longues et épuisantes luttes pour la reconnaissance, se sont avérées incapables de s’entendre sur des formes de reconnaissance constitutionnelle définitives, l’enjeu n'est plus d’établir des formes de reconnaissance permanentes (une question de justice), mais plutôt de s’assurer qu’une démocratie constitutionnelle demeure ouverte aux luttes pour et contre des formes spécifiques de reconnaissance (une question relative au droit (...) des peuples à l’autodétermination). Cette réorientation est perceptible dans l’avis de la Cour suprême au sujet de la sécession du Québec. (shrink)

The field comprising both the theory and practice of struggles over recognition developed over the last 50 years in relative independence of the parallel field of deliberative and agonistic democracy. Over the last decade these two fields, in both theory and practice, have merged because courts, legislatures, ministries and rival armies around the world have often turned the reconciliation of struggles over recognition over to various institutions and practices of negotiation and deliberation. The result is the emergence of a new (...) hybrid field of recognition and dialogue. This paper is a critical examination of the emergence and the strengths and weaknesses of this new and important field of politics and law. (shrink)

Les premières conférences John Robert Seeley, données par James Tully en 1994, traitaient des six types de demandes de reconnaissance culturelle qui sont au coeur des conflits les plus insolubles de notre époque : les associations supranationales, le nationalisme et le fédéralisme, les minorités linguistiques et ethniques, le féminisme, le multiculturalisme et l'autonomie gouvernementale des Autochtones. Ni les écoles actuelles du constitutionnalisme occidental moderne ni le constitutionnalisme post-moderne n'offrent d'outil équitable pour juger ces demandes diverses de reconnaissance parce qu'elles reposent (...) sur des suppositions indéfendables, héritées de l'époque de l'impérialisme européen. Toutefois, en effectuant une étude critique et historique de quatre cents ans de constitutionnalisme européen et non européen, et en prêtant une attention particulière aux populations autochtones d'Amérique, James Tully élabore une philosophie et une pratique post-impériales du constitutionnalisme. Elles consistent à concilier des demandes de reconnaissance à travers le temps grâce à des dialogues constitutionnels qui permettent à des citoyens de se mettre d'accord sur des formes adéquates d'accommodements de leurs différences culturelles, guidées par des conventions constitutionnelles communes. Cette forme de constitutionnalisme a la capacité de résoudre des conflits de notre époque et d'apporter la paix au vingt et unième siècle. (shrink)

This article is an attempt to answer the following two questions: What is the specific form of imperialism today? And, is it possible for individual and collective actors to adapt and exercise Trudeau’s civic ethos within and against it in the name of another freedom and another world? Section one is an analysis of the rise of networks as the defining form of communicative and social organization in the present. Section two is an analysis of the forms of control, exclusion, (...) hierarchy and concentration of power that have developed along with communication networks and govern the transmission of knowledge and information. Section three is an analysis of the possibility of critical and effective forms of “social, political and cultural action” within the array of networks and controls in which we are both enabled and constrained to communicate and interact today. These critical and effective forms of action are examples of the emerging form of civic communicative freedom of the governed that I call “democratic communicative action.” It is a new form of civic freedom appropriate to being governed through the types of imperial networks and controls discussed in sections one and two. The enactment of democratic communicative freedom in and against concentrations of network power and their communicative barriers, I will argue, is one way of adapting and applying Trudeau’s civic ethos to the present. (shrink)

I argue that consideration of certain cases of severe depression reveals a problem for desire-based theories of welfare. I first show that depression can result in a person losing her desires and then identify a case wherein it seems right to think that, as a result of very severe depression, the individuals described no longer have any desires whatsoever. I argue that the state these people are in is a state of profound ill-being: their lives are going very poorly for (...) them. Yet desire theories get this case wrong. Because no desires are being frustrated, the desire theorist has no grounds for ascribing ill-being; indeed, because the individuals described seem utterly without desire, the desire theorist has no grounds for treating these people as subjects of welfare ascription at all. I argue that these results are unacceptable; therefore, we should reject desire-based theories of well-being and ill-being. (shrink)

The editor of Political Theory asked us to respond to the question, 'What is political theory?' This question is as old as political theory or political philos- ophy. The activity of studying politics, whether it is called science, theory, or philosophy, always brings itself into question. The question does not ask for a single answer, for there are countless ways of studying politics and no univer- sal criteria for adjudicating among them. Rather, the question asks, 'What comparative difference does it (...) make to study politics this way rather than that?' Political theory or philosophy not only spans three millennia of study- ing politics in innumerable ways but also three millennia of dialogues among practitioners over various approaches, their relative merits, and the contest- able criteria for their comparison. Because there is no definitive answer, there is no end to this dialogue. Rather, it is the kind of open-ended dialogue that brings insight through the activity of reciprocal elucidation itself. Dialogue partners gain insight into what ruling, being ruled, and contesting rule is through the exchange of questions and answers over different ways of study-ing politics and different criteria for their assessment in relation to how they throw light on different aspects of the complex worlds of politics-and what counts as the 'different aspects of the complex worlds of politics' is also ques- tioned in the course of the dialogue.'. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law of (...) Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

The two major schools of thought in Indigenous−settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self- determination and cultural renewal. Reconciliation refers to practices of reconciliation between Indigenous and settler nations as well as efforts to strengthen the relationship between Indigenous and settler peoples with the living earth and making that relationship the basis for both resurgence and Indigenous−settler reconciliation. -/- Critically and constructively analyzing (...) these two schools from a variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is a truly multidisciplinary work, blending law, political science, political economy, women’s studies, history, anthropology, ecology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. -/- By using “earth teachings” to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world’s most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate. (shrink)

I would like to present a two part response to the following question that Seyla Benhabib posed at a conference at Harvard University in 1999: “Is there a Transition from Distribution to Recognition?” The first part proposes that issues of distribution and recognition should be seen as aspects of political struggles, rather than distinct types of struggle, and thus a form of analysis is required that has the capacity to study political struggles under both aspects. The second part suggests that (...) struggles over multicultural and multinational recognition are undergoing an important change in practice which requires a corresponding change in the prevailing forms of analysis. These two recommendations rest on and follow from an underlying orientation. The primary but not exclusive orientation would be practices of freedom rather than theories of justice. The aim of such an aspectival political philosophy and corresponding democratic political practice would not be to discover and constitutionalize thejust and definitive form of recognition and distribution, but to ensure that ineliminable, agonic democratic games over recognition and distribution, with their rival theories of distribution and recognition, can be played freely, with a minimum of domination. (shrink)

One contested moral commitment shared by the American Medical Association and American Nurses Association has to do with the place of conscience in the practice of medicine. These organizations, each in their own way, urge their respective members to engage in careful moral discernment regarding their professional life, and they assert the existence of an obligation on the part of others to respect the conscientious objections of healthcare professionals and to accommodate objecting individuals. Yet despite the value that these organizations (...) place on conscience and objector rights, these organizations do not offer elaborate philosophical defenses of their positions. This shortcoming is exposed by the light of contemporary philosophical challenges to conscience-friendly policies. What such challenges demand is a philosophical defense of these organizations’ moral commitments and corresponding policy recommendations. The point of this article is to indicate how the Catholic philosophical tradition’s account of the nature and importance of conscience can philosophically underwrite these organizations’ conscience-related principles and practices. It can be seen, then, that the Catholic tradition is far from inimical to the contemporary practice of medicine and that, on the contrary, this tradition offers philosophically serious grounds on which to rest some of the most morally significant values and guidelines endorsed by these contemporary health-professional organizations and their members. (shrink)