Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to Conklin, is (...) the relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

This collection of essays, presented in honor of Ronna Burger, addresses questions and themes that have animated her thinking, teaching, and writing over the years. With a view to the scope of her writings, these essays range broadly: from the Bible and Ancient Greek authors--including not only Plato and Aristotle, but also Sophocles, Euripides, Aristophanes, and Xenophon--to medieval thinkers, Maimonides, Dante, and Boccaccio, as well as modern philosophers, from Descartes and Montesquieu to Kant, Lessing, Hegel, and Kierkegaard. Moving in order (...) from antiquity to modernity, the essays highlight certain recurring philosophical issues, including the relations between nature and convention, law and justice, human and divine, in light of the indispensable need for questioning and self-knowledge. Taken collectively, the essays disclose intriguing connections among the various authors and texts and display how the themes of nature, law, and the sacred continue to resonate across time. (shrink)

This edition of early Greek writings on social and political issues includes works by more than thirty authors. There is a particular emphasis on the sophists, with the inclusion of all of their significant surviving texts, and the works of Alcidamas, Antisthenes and the 'Old Oligarch' are also represented. In addition there are excerpts from early poets such as Homer, Hesiod and Solon, the three great tragedians Aeschylus, Sophocles and Euripides, the historians Herodotus and Thucydides, medical writers and presocratic philosophers. (...) Besides political theory, areas represented include early anthropology, sociology, ethics and rhetoric, and the wide range of issues discussed includes human nature, the origin of human society, the origin of law, the nature of justice, the forms of good government, the distribution of wealth, and the distribution of power among genders and social classes. (shrink)

The article contains an analysis of Georg Wilhelm Friedrich Hegel’s interpretation of Antigone by Sophocles contained in The Phenomenology of Spirit. The philosopher develops his concept of a tragic conflict occurring in the world of the Greek antiquity – a conflict between man’s law (a state representing generality) and underground law (a family representing individuality). The laws are embodied by Kreon and Antigone, respectively. Hegel’s interpretation indicates the privileged position of Antigone. The author argues that the heroine of the (...) tragedy is the anticipation of modern subjectivity: Antigone is killed because there is no place for an acting woman in ancient ethics. Hegel’s fascination with Antigone as a manifestation of feminine subjectivity therefore undermines stereotypical allegations about the philosopher’s sexism and patriarchalism. (shrink)

Chapters 6 and 7 of the pseudo-Aristotelian treatise On the Cosmos display ‘a series of well-crafted and carefully organized analogies’ in order to represent the power of god pervading the whole universe. The last analogy, which is by far the most important in this section, compares the rule of god over the world to the rule of the law in a Greek city. As shown by the author in the previous analogies, the perfect order of the universe is the (...) result of the continuous creation and dissolution of single things: this process—based upon the harmony of opposites—is the keystone of the eternity and equilibrium of our world. Similarly, the law is the unmoved mover of every activity and experience in the city: both positive and negative situations involving single citizens contribute to the supreme order and stability of the city. Positive examples include the activity of rulers, officials and members of the assemblies, whereas negative examples include those who go to trial defending themselves and those who are imprisoned and destined to capital punishment. In spite of their difference, all of these actions are due to one single order, that is, the civic law, which ensures the stability of the city. To stress and illustrate this concordia discors, which characterizes both the city and the universe, the author of the treatise closes the passage with a quotation from Sophocles’ Oedipus Tyrannus :πόλις δ' ὁμοῦ μὲν θυμιαμάτων γέμει,ὁμοῦ δὲ παιάνων τε καὶ στεναγμάτωνThe author reads these verses as a perfect example of a context characterized by opposite situations: in fact, the city is full of paeans, which are interpreted as ‘songs of joy and relief’, and, at the same time, it is also full of laments and mourns. The same interpretation can be found in the Latin translation of the treatise, which gives even more emphasis to the opposition between life and death: uideasque illam ciuitatem pariter spirantem Panchaeis odoribus et graueolentibus caenis, resonantem hymnis et carminibus et canticis, eandem etiam lamentis et ploratibus heiulantem. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Matthew S. Santirocco JUSTICE IN SOPHOCLES' ANTIGONE Sophocles' Antigone is most often apprehended in terms of conflicts, an approach which the play does indeed invite. The personal clash of Antigone and Creon generates conflicts on many different levels— political (individual or family vs. state, aristocracy vs. democracy), theological (gods vs. men), philosophical (nature vs. law or convention), sexual (woman vs. man), even chronological (young vs. old). However, insofar as (...) no list can ever be so inclusive as the play itself, all such discussions tend by their very nature to be reductionist. And even if a balanced critique were possible at this level, a tragedy is not the sum of abstract conflicts; it is theatre, people in action. Furthermore, the conflict approach encourages us to ask the wrong questions. Although conflict need not imply resolution, critics persist in searching for it. Yet there is no resolution in the Antigone except by death. Similarly, such an approach invites us to ask who is right, Antigone or Creon. But in a very real sense this question misses Sophocles' point. Relevant, perhaps, to versions by Anouilh and Brecht, the question misleads when applied to the ancient play. It is interesting that we oversimplify, for Sophocles' sympathies are more expansive and complex than these modern interpretations of his myth. For all these reasons a valid alternative approach to the play may be to consider it not in terms of the conflicts incarnated in the personalities but rather in terms of one theme in the context of which all the conflicts are played out. The precise issue here, as so often in Greek tragedy, is a philosophical one. As the religious thought of an earlier era was yielding to judicial and political thought, and as older heroic ideals were being supplanted by a rationalistic view of man, tragedy's function in fifth-century Athens was, in part at least, to expose and explore these cultural displacements, either by affirming traditional values and concepts or else by questioning their continued validity. One such concept, perhaps the most recurrent in tragedy, 180 Matthew S. Santirocco181 is justice, dike. Originally a term used to refer to things as they are, dike came also to acquire a normative sense, things as they ought to be. At different times and in different contexts the word can signify custom or usage, law-enforcing authority, penalty, and ofcourse "justice" as a higher standard. Its precise semantic range is wide and fluctuating. Thus tragedy becomes, in a sense, a matter of vocabulary. In the Antigone the characters appeal to justice, but each defines it differently, so that the conflict is not so much between justice and injustice as between one sort of justice and another. The Oresteia of Aeschylus had earlier celebrated the transition from vendetta justice to courtroom justice. The Antigone, however, focuses not so much on the changes in dike as on a question these changes raise, namely the very possibility of dike. The establishment of the law court brought Aeschylus' trilogy to a resolved ending. Sophocles' vision in the Antigone is much more austere. Although he acknowledges the existence of an ideal of justice, he exposes the tensions and ambiguities inherent in it and thereby questions whether that ideal can ever be realized in the lives of men. II A key text concerning justice is contained in one of the choral odes. But can it be trusted? The tragic chorus is not, after all, the mouthpiece of the poet as was the comic chorus in Aristophanes' parabaseis. Nor is it always or necessarily the mouthpiece of the audience, SchlegeFs "ideal spectator." In the Antigone, as elsewhere, the chorus simply constitutes a panel of the population (here, of Thebes) and its perspective on the action is, if not omniscient, not particularly partisan either. Gordon Kirkwood has demonstrated the many dramatic functions of the Sophoclean chorus, including its ambiguities. In the Antigone no fewer than three odes are ambiguous, leaving in doubt the identity of the one who has disturbed order and right (332-75), who has violated the will of heaven (582-625), and whose mind has been perverted by love (781-816). Although the chorus may not be aware of the... (shrink)

Most commentators who consider Hegel's treatment of the female principle (Weiblichkeit) in the Phenomenology of Spirit only believe that it refers to "True Spirit" and is limited to a brief discussion of Sophocles's character Antigone. This is not actually true. The paper deals with both with the broader question of who represents the female principle and also goes into detail on the first appearance of Antigone in chapter five and on her final appearance in chapter seven, Reason. The female principle (...) returns in Religion as an aspect of Absolute Being. The female goddesses, especially the mother goddess and the Erinyes, embody this principle. Antigone reappears as offering prophetic wisdom for their mission, which is Divine Law and justice. (shrink)

Hegel’s definition of the state as a common public authority in The German Constitution marks his first thorough attempt to understand the authority of the modern state in terms of the rule of law. Such an understanding of the state constitutes an important advance in Hegel’s political philosophy since, in his early political-theological writings, the legal relation was in essence excluded from the political sphere. Positing a fundamental opposition between legality and authentic ethical life, Hegel interpreted societies in which legal (...) forms become particularly pronounced as societies founded on degenerate political institutions and caught up in an inexorable process of decline. Until Hegel grasped the positive ethical significance of legal authority, something accomplished in The German Constitution, his theory of the state remained largely determined by a Greek-inspired, virtue-based paradigm of political life. Only with the overcoming of this paradigm could he move to a comprehensive analysis of both modern institutional structures and the political theories that attempt to understand and justify them. Hegel’s evolving theory of modern legal form thus provides an important index and measure of his complex stance toward modern political society and of his critical assessment of the self-interpretations of modernity offered by the natural right tradition and the Enlightenment. (shrink)

This paper presents a rereading of the interpretations of Antigone by Hegel and Kierkegaard on the grounds of research of Sophocles? text and its performance in Athenian theatre in the context of socio-political climate of the fifth century Athens. Focus is placed on the political aspect of theatre, as well as on the figure of Antigone, her voice and her action, which is the subject recognized by Hegel. However, what this interpretation lacks is the notion that Antigone is political and (...) not pre-political figure. This political aspect reveals itself within the research of ancient Greek lamentation and funeral ritual as an exclusively female practice in ancient Greek tradition, which was subjected to regulations and control in particular by the law of Solo. However, new political organization was not based on family relation and aristocratic clans, as before, but exclusively on political bodies. So, for example the vendetta, which was formulated by women during the lamentation, was banned by law. Still, in spite of many laws and regulations by the state, and later on the church, women in Greece succeeded in keeping their important position in all the practices around the dead, almost until the end of the XX century. So, we see the example of traditional practice that functions on the margins of the society endangering and controlling its official political structure in pre-modern societies. What are the echoes of the political figure of Antigone, as a woman in charge of the family funeral duties, in the text of Hegel and in the text of Kierkegaard. Where is her voice? And does she act politically or privately? (shrink)

This paper draws on a social perspective of language use in the legal processes of asylum claims with particular attention to decision-writing and written texts within the context of the Greek Appeals Authority. Such a perspective aligns with an interdisciplinary call for emerging research framed in sociolinguistics and the law, that facilitates knowledge sharing in order to make visible the institutional veracity control inherent in asylum processes. To that end, applying van Leeuwen’s social actor network framework, I analyze nine (9) (...) institutional written records, issued between 2011 and 2021 by focusing on the semiotics resources at play in writing. My conclusions highlight the institutional discursive power over writing and representing the applicants and their claims. Ultimately, such institutionally controlled texts are nothing but technopolitical discourse devices through which access to or rejection of protection is granted, thereby governing asylum in fundamentally stratified ways. (shrink)

Hegel’s viewpoint on Greek tragedy is a valuable way-station in any theoretical as well as practical consideration of dramatic play. Hegel considered Greek tragedy from the perspective of his dialectical system, thereby indirectly influencing dramaturgical practice in the 19th and 20th centuries. This is why the paper explores Sophocle’s tragedy Oedipus Rex from the viewpoint of Hegel’s theoretical perspective, as well as practical perspectives based on an influential textbook on playwriting by Lajos Egri. The paper further explores the different understandings (...) of dialectics in philosophical and dramatic dialogue. Also, it addresses the kind of applied dialecticism in the work of Greek artists of the 5th century BC. Finally, the text explores the early Greek literary form gnome, which is – hypothetically speaking – the source of the later Greek understanding of dialectics. (shrink)

Hegel's Laws serves as an accessible introduction to Hegel's ideas on the nature of law. In this book, William Conklin examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, (...) and international law. -/- Conklin clearly introduces Hegel's vocabulary and contrasts Hegel's issues and arguments with leading contemporary legal philosophers. The book's originality and interdisciplinary focus open up Hegel's legal philosophy, providing a background to forms of legal consciousness for a wide audience. Addressing whether Hegel succeeds in his endeavor to explain why laws are binding, Conklin comments directly on contemporary constitutional and international law and reveals how Hegel's ideas on law stand up in the world today. (shrink)

Séminaire « Penser ensemble le droit et la société » Organisateurs : Cécile Lavergne & Gabrielle Radica _Programme des séances : _ _Mardi 4 octobre 2022_. Richard Sobel (U-Lille, CLERSÉ) « Droit du travail et analyse du rapport salarial. Quelques réflexions épistémologiques sur la mobilisation du droit en économie politique institutionnaliste » _Mercredi 9 novembre 2022_ - Daniel Adjerad (Paris 1 Panthéon-Sorbonne, HIPHIMO EA 1451) : « Peut-on tout rapper? » _Mardi 6 décembre 2022_ - Cécile Degiovanni (Oxford University, Oxford (...) Law Faculty) « Devrions-nous pouvoir renoncer à nos droits fondamentaux? » _Mardi 17 janvier 2023_ - Elodie Djordjevic (Paris 2 Panthéon-Assas, Institut Michel Villey) « Peut-on émanciper le droit de sa matrice privatiste? Droit, société civile et État chez Hegel » _Mardi 7 février 2023_ - Stéphane Zygart (U-Lille, STL) « Droits sociaux, droits de l’homme et droit d’exception à partir des handicaps » _Mardi 14 mars 2023_ - Magali Bessone : (Paris 1 Panthéon-Sorbon... (shrink)

This book’s goal is to give an intellectual context for the following manuscript. -/- Includes bibliographical references and an index. Pages 1-123. 1). Philosophy. 2). Metaphysics. 3). Philosophy, German. 4). Philosophy, German -- 18th century. 5). Philosophy, German and Greek Influences Metaphysics. I. Hegel, Georg Wilhelm Friedrich -- 1770-1831 -- Das älteste Systemprogramm des deutschen Idealismus. II. Rosenzweig, Franz, -- 1886-1929. III. Schelling, Friedrich Wilhelm Joseph von, -- 1775-1854. IV. Hölderlin, Friedrich, -- 1770-1843. V. Ferrer, Daniel Fidel, 1952-. [Translation from (...) German into English of the-- Das älteste Systemprogramm des deutschen Idealismus.]. -/- Note: the manuscript is in the handwriting of G.W.F. Hegel, but the actual authorship is disputed. No date is given. Franz Rosenzweig made up the title as it is known today. He published the text in 1917. At that time, F. Rosenzweig thought F.W.J. Schelling was the author. No one has read this book for errors. As always, any errors, mistakes or oversights etc. are mine alone. Given a couple more years, I could improve this book. This is a philosophical translation and not a philological translation. Martin Luther who did the famous early translation of the Bible into German wrote in a letter, “If anyone does not like my translation, they can ignore it… (September 15, 1530)”. There are no ‘correct’ translations. Some are just better than other translations. -/- The Oldest Systematic Program of German Idealism. The German title is: Das Älteste Systemprogramm Des Deutschen Idealismus. This title was made up by Franz Rosenzweig in 1917, when he first published the manuscript. He found the manuscript in the Royal Library in Berlin in 1913. The manuscript suggested date is around 1796 and was done by handwriting research. However, the manuscript is not dated. The Prussian State Library auctioned in March 1913 from the auction of the house Liepmannssohn in Berlin a single sheet on the front and back with Hegel's cursive handwriting. The manuscript was lost during WWII. But Dieter Henrich found it again in 1979 in the “Biblioteka Jagiellonska” in Krakow (Poland), where it is today. Address: Jagiellonian Library, Jagiellonian University, al. Mickiewicza 22, 30-059 Cracow, Poland. Later research suggests that manuscript had come from the estate of Hegel’s student Friedrich Christoph Förster (1791-1868). He was one of the editors of Hegel’s posthumous works and most likely had access to a number of Hegel’s manuscripts. This text actually being one of them. Hegel traveled around Bohemia with Marie and Friedrich Christoph Förster around the year 1820-21 (see Klaus Vieweg). -/- Philosophical mystery -- who is the author or authors of this text? -/- Take a plunge into the deep and cold waters. Maybe a quagmire or quandary, but decidedly interesting. This project is to contextualize an old handwritten manuscript which is about 225 years old. The actual author is a mystery. I offer my own assessment. You can make your own assessments. The mystery has continued to unfold since 1917. There is plenty to read. Otherwise, think about the authorship and read more of the German philosophers and authors from this period and enjoy the depth of thinking and philosophizing. On one hand, there is just the sheer fun in the puzzle of the authorship questions; and on the other hand, these are the alluring thoughts that lead to the nascent stage of German Idealism and our intellectual heritage. There is no end to the accolades for this group of philosophers. A heritage that we still hear in in our attempts to move forward into our future. -/- Do your own astute exegesis (ἐξήγησις) as all paths are still open. Let your thought take to the wings of what is called thinking with this text. Critical encounters (Auseinandersetzung, or a Gegenüberstellung) with at least: Friedrich Hölderlin (1770-1843) Friedrich Wilhelm Joseph Schelling (1775-1854), and Georg Wilhelm Friedrich Hegel (1770-1831) --- starts here! German Idealism. We are not going to study this situation endlessly, instead we make some broad strokes and provide you a general context. You are allowed to read between the lines too. Goal: to understand the overall affinity and differences between the intellectuals of this period in German history; and to come to grips with this demanding text within its large scholarly context in the last 100 years. There are no final answers. (shrink)

Hegel thought Sophocles' Antigone was the finest tragedy, and he put drama atop his hierarchy of the arts, precisely at the point where his system transitions from aesthetics to the philosophy of religion. Hegel concluded his Aesthetics by writing, "Of all the masterpieces of the classical and modern world, the Antigone seems to me to be the most magnificent and satisfying work of art."1The Antigone owes its place in Hegel's hierarchy to its focus on Antigone's uncanny self-certainty. Positioned at the (...) juncture between Hegel's aesthetics and his philosophy of religion, it has at its centre a funeral rite, the most ancient and universal of all religious rituals. Antigone's perception of what she is called upon to .. (shrink)

This chapter contains sections titled: Introduction The Ideal Form of Mutual Recognition Hegel's State of Nature De Facto Authority De Jure Authority Legitimate Authority Constitutional Authority Conclusion Notes References.

In his 1992 text ‘Force of Law’ Jacques Derrida makes the radical claim that the aura of law’s legitimacy is always achieved by virtue of an ideological sleight of hand. I argue that the radicality of this claim does not lie in its abandonment of the rule of law, nor is this claim a call to political quietism. Rather, Derrida charges us with the responsibility of interrogating the moments of law’s force or ideology. Following this suggestion I argue that one (...) important way that the law has maintained its aura of legitimacy is on the basis of an ideological appeal to the presumed natural or transparent nature of sexual complementarity. Through a reading of Hegel’s use of the Greek mythological Antigone, I argue that one important way that the im possibility of the necessary encounter between law and the singular case has been covered over, is by way of an appeal to the presumed naturalness of heterosexuality. The conclusion of my analysis is that the illusion of law’s legitimacy is not necessarily achieved with reference to the feminine, nor by virtue of an appeal to the transparency of heterosexuality, but it is no coincidence that it has been achieved in this way so often in the history of political philosophy either. However, no matter how the illusion of law’s legitimacy is achieved, it will always require a sleight of hand; it will always be ideological and therefore political. This analysis therefore serves as an example of how deconstruction can be mobilized as much more than a philosophical meditation on the impossibility of justice; rather, it offers a mode of analysis of critical importance to social and legal theorists. Key Words: Antigone • Derrida • Hegel • sexual difference. (shrink)

This essay considers the evolution of Hegel's political and legal theory with respect to the emergence of a classical liberal society and modern natural law. I argue that Hegel abandoned his early concerns which focused on a revival of the Greek polis and ethics over legality and refocused his efforts at reaching a modern form of ethical life predicated on the acceptance of classical liberal society and modern natural law. I try to argue that Hegel wanted to achieve a present-day (...) communal ethics without abolishing the modern individual subject endowed with rights. However, I seek to draw attention to Hegel's criticism of empirical individualism and social atomism. (shrink)

Modern social and political thought has approached the questions of politics, law, and citizenship from the vantage point of a fundamental divide between the occidental and oriental, or archaic and modern, institutions. This article creates a concept, the gift of law, by staging two gift-giving practices as two historical moments: Greek euergetism and Ottoman waqf. While it is indebted to Mauss, our articulation of the gift of law also owes to the critical interventions of Jacques Derrida and Pierre Bourdieu, who (...) emphasized non-voluntaristic and non-calculative aspects of the gift. We argue that both euergetism and the waqf enabled and substantiated legal subjectivities that allocated rights and obligations. Those gift-giving practices establish relationships between various groups and legal authorities that were crucial in the formation of cities as spaces of government, for both citizens and non-citizens alike. With the concept ‘gift of law’, categories ‘oriental’ and ‘occidental’ become problematic. (shrink)

‘Saepe stilum vertas’, says Horace; and he had excellent company in his friend Virgil, who wrote the Aeneid at the rate of only about 900 lines a year, and spent hours in licking his verses into shape. It would have been instructive to sit at the elbow of these two poets, to see what they altered and what they rejected. It is clear, e.g., that there were certain caesural arrangements which Virgil deliberately affected and others which he as deliberately avoided. (...) But what of the care taken by these and other classical authors in arranging sounds in relation to mood or idea? This present incomplete essay is written frankly with scepticism in regard to dogmatic comments on certain particular points. It has been perilously easy to frame legislation on the basis of a predilection bolstered up by one or two instances. Even in the field of syntax we have seen generalizations on too narrow a foundation. An editor of Andocides enunciates ‘a very important principle of the language, which is rigidly observed by the best writers; viz., that, when a participle and a verb of different government are referred to the same object, the case of that object depends on the participle and not at all on the verb… Shilleto's remarks on this point must be excused, as evidently written hastily.’ But a casual cast of the net brings up about a score of violations of this principle from Homer to Menander. Where does the editor propose to draw the line between the respectable and the declassé Greek writers? Aristophanes, though cited in support, is actually flagrantly lawless in the matter; and with him must go not only Homer and Hyperides but Sophocles, Euripides, Menander, Xenophon, Lysias, and Plato, leaving among the élite, as cited by this editor, only Thucydides, Antiphon, and Aeschines; and one is entitled to doubt even their rigid observance of the law until they have actually been brought to court. In problems of rhythm, also, one has to be careful to use evidence as against preconception. When an editor hacks and fits the dactylics of Ennius so as to eradicate all feet beginning with two short syllables, it is as impious as recarving a statue by Daedalus because it does not conform to the canon of Polyclitus; and one may be forgiven if now and then one interprets the editor's corr. in his apparatus criticus not as correxi but as corrupi. (shrink)

This book is the first detailed study of the plays of Sophocles through examination of a single ethical principle--the traditional Greek popular moral code of "helping friends and harming enemies." Five of the extant plays are discussed in detail from both a dramatic and an ethical standpoint, and the author concludes that ethical themes are not only integral to each drama, but are subjected to an implicit critique through the tragic consequences to which they give rise. Greek scholars and (...) students of Greek drama and Greek thought will welcome this book, which is presented in such a way as to be accessible to specialists and nonspecialists alike. No knowledge of Greek is required. (shrink)

Although Hegel's philosophy of history is recognized as a great intellectual achievement, it is also widely regarded as a complete failure. Taking his cue from the third century Greek historian Polybius, who argued that the rapid domination of the Mediterranean world by Rome had instituted a new phase of world history, Hegel wondered what the rise of European modernity meant for the rest of the world. In his account of the contingent paths of world history, he argued that at work (...) behind it is an eternal human struggle over justice, and that it had led to a new conception of justice in which nobody by nature had authority to rule over anybody else. Moving away from the ancient conception of justice as ordered through a cosmic system, the modern conception is based instead on freedom. This is, so Hegel argues, not an accident of history but part of the necessary development of the institutions and practices through which humans establish and maintain their changing shapes of agency. Behind it is an infinite end, justice, which as infinite is neither something which can ever be finally achieved nor a goal to which we are getting closer but which requires an infinite effort at sustaining.--. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

For three decades Michael Gagarin has been recognized as one of the foremost authorities on the development of written law in archaic Greece, thanks in part to several important articles but especially due to his monographs from the 1980s, the exhaustive study of Draco's homicide law, and his seminal book, Early Greek Law. Particularly in the latter work, Gagarin pioneered the examination of early Greek law as a subject for which the insights of legal anthropology could prove useful, and he (...) steered the scholarly conversation on the topic away from the legal formalist and normativist approaches that had prevailed in much of the earlier literature, especially in Continental scholarship. Gagarin emphasized the informal nature of dispute settlement before written law and demonstrated the important role played by the pressure of public opinion in the early poleis. Additionally, Gagarin argued that there was no law in any real sense before the advent of written law, as there were no means to "recognize" what was a law and what was not. While neither his conclusions nor his methods have met with universal acclaim, there can be little doubt of the influence of Gagarin's ideas on the study of early Greek law. (shrink)

This is a fascinating and important study of ideas of justice and punishment held by the ancient Greeks. The author traces the development of these ideas from Homer to Plato, analysing in particular the completely radical new system of punishment put forward by Plato in his dialogue the Laws. From traditional Greek ideas of cursing and pollution through to Plato's views on homicide and poisoning by doctors, this enlivening book has a wealth of insights to interest both ancient historians (...) and classicists, and all those interested in the history of philosophy and ethics. `Quite simply, essential reading.'. (shrink)

With the publication of this translation the quality of Heidegger literature available in English takes a quantum leap forward. No book--save perhaps Otto Poeggeler's--can match Marx's for its depth of insight into Heidegger's thought. The central theme of the book is as follows. Hegel's claim to have consummated the Western "tradition" is accepted by Heidegger. The foundations of this tradition are in Greek ontology. Marx locates the classic formulation of the basic tenets of Greek ontology in the Aristotelian doctrine of (...) ousia. Being as ousia is the perduring, necessary and intelligible. The Hegelian idea of Being remains within the Aristotelian perspective because it determines Being as the unfolding of the self-same substance according to necessary law and so as to develop into a stage of maximum intelligibility. Being is more radically temporal, of course, for Hegel but this stays within the perspective of the Greek notion of eternity, because the Hegelian "substance" is relentlessly working out an eternal pattern of categories which is inscribed in its very essence, and which the Logic articulates. Heidegger's philosophy seeks to "overcome" the "tradition," and so the whole metaphysics of "substance and subject." Being is even more radically temporalized, for Heidegger does not think time on the "model" of eternity. Being as time is not the movement of the self-same through time but time itself--as Being. The necessity and lawfulness of Being, moreover, is replaced by the "play" of the "fourfold." And the radical intelligibility of Being is overcome in Heidegger's thought by the interplay of concealment and unconcealment. Finally, against the Aristotelian-Hegelian teleology Heidegger posits the hope of a "new beginning" of history whose coming to pass--by a "turn" on Being's part--can only be obscurely intimated and at best "awaited." Not the least among this book's merits is the refreshingly critical attitude of the author to Heidegger--the book he says was prompted by a reflection on Heidegger-critic Lowith's [[sic]] work on Heidegger. His criticism of Heidegger in the conclusion of this book sets out important objections which the usual commentator ignores or evades or attributes to a "fallenness" into "calculative" thinking.--J. D. C. (shrink)

What is it about the nature of "soul" that makes it so difficult to adequately capture its complexity in a strictly discursive account? Why do some of the most profound human experiences elude our attempts to theorize them? How can a written document do justice to the dynamic activity of thinking, as opposed to merely presenting a collection of thoughts-as-artifacts? Finally, what can we learn about the activity of philosophizing, and about the human soul, by reflecting on the possibilities and (...) limitations of writing? These concerns, in various forms and in different registers, have preoccupied Michael Davis throughout his distinguished career. This volume is in honor of, and in dialogue with, Davis's work, which spans ancient philosophy and literature, continental philosophy and political philosophy. It includes original essays by numerous distinguished scholars in the fields of philosophy and political science. The remarkable range and caliber of the contributions attest to the breadth and depth of Davis's influence. The essays in Part I of the volume explore the nature of soul through the lens of tragedy. Part II consists of three essays that explore the human longing for perfect knowledge and completion--and the obstacles to the fulfilment of that longing--in relation to the divine. In Part III, the essays address the distinctive challenges of the political sphere and philosophy's relation to it. And while the relationship between philosophy and poetry is an implicit theme throughout the volume, the essays in Part IV focus directly on philosophy's aestheticizing tendencies. Many different philosophical and literary works are discussed throughout these chapters, including ancient works such as Plato's Republic, Euthydemus and Laws, Homer's Iliad, and Euripides' Trojan Women, as well as works by modern philosophers such as Rousseau, Kant, Hegel, Kierkegaard and Nietzsche. In addition, three essays analyze some of Shakespeare's plays in relation to the thought of Plato and Machiavelli. All of the essays are thematically linked by a common thread as they attend to the poetic dimension of philosophical thinking. Michael Davis is Professor of Philosophy at Sarah Lawrence College, where he has taught since 1977 and has been the Sarah Yates Exley Chair in Teaching Excellence (2003-2005). He has also taught on the graduate faculty at Fordham University and the New School for Social Research. He is the author of numerous articles and books, which include: Ancient Tragedy and the Origins of Modern Science; The Poetry of Philosophy: On Aristotle's Poetics; The Politics of Philosophy: A Commentary on Aristotle's Politics; The Autobiography of Philosophy; Rousseau's The Reveries of the Solitary Walker; Wonderlust: Ruminations on Liberal Education; and The Soul of the Greeks: An Inquiry. He is also co-translator (with Seth Benardete) of Aristotle's On Poetics. Contributors include: Abraham Anderson, Jonathan Badger, Robert Berman, Ronna Burger, Kenneth DeLuca, Gwenda-lin Grewal, Scott Hemmenway, Paul Kirkland, Mary Nichols, Denise Schaeffer, Paul Stern, Richard Velkley, Lisa Pace Vetter, Ann Ward, Lee Ward, Catherine Zuckert and Michael Zuckert. About the Editor: Denise Schaeffer is Professor of Political Science at the College of the Holy Cross. She is the author of Rousseau on Education, Freedom and Judgment and contributing co-editor (with Christopher Dustin) of Socratic Philosophy and Its Others. She is co-editor (with Gregory McBrayer and Mary P. Nichols) of the Focus Philosophical Library edition of Plato's Euthydemus, for which she authored the Introduction and co-authored the Interpretive Essay. (shrink)

This article argues that the chorus of elders in Sophocles' Oedipus Coloneus is far from ineffectual, as some scholars assume choruses of elders generally are, but exceptionally authoritative in its role as a chorus. The exceptional authority of the Elders of Colonus derives from their old age, wherefrom their sympathy for Oedipus obtains, and from the fact that they are Athenian and thus have the capacity to enact their sympathy for Oedipus by granting him special rights of residency as an (...) heroic protector of Athens. Detailed analysis of this particular chorus's speech, song, and action is helpful not only to our understanding of Oedipus Coloneus but also, more broadly, to our understanding of the ongoing, if not increasing, importance that the chorus will have maintained in ancient Greek tragedy. (shrink)

The thesis of this book is that moral evil is for Kant an ineradicable aspect of human existence; moreover the author argues that moral evil is a datum of experience which none of the rationalist systems which preceded Kant's, nor Hegel's system which came after, could assimilate, a rock upon which they all shattered. Reboul's concern is to investigate the "insondable profondeur du mal radical" as this theme appears in the forty years of Kant's active philosophic production; his interest (...) reflects the influence of his mentor, Karl Barth. Reboul is at his best in his clear depiction of Kant's ingenuity at reconciling the optimism of the Enlightenment with the Reformation's conviction of sin. For example, the very insufficiency of Leibniz' attempt to supply a ground for every decision of the will, his inability to explain the reality of willful evil, is used by Kant as an excuse for not going beyond Leibniz' theory. "Expliquer la liberté serait la détruire," writes Reboul. Kant assimilates the idea of progress by assigning it to the level of phenomenal or technical improvements. Moral value resides only in those acts by which we loosen the ties of sensible determination upon the will and render ourselves autonomous. The struggle for autonomy must be fought by each man for himself; there is a decisive limit to the help we can derive from "progress." For Kant man is bent towards evil not only by reason of his spontaneous attraction to sensible objects, but also in virtue of a basic perversion of his faculty of judgment, a perversion which comes close to being identified with liberty itself. It is significant, as Reboul notes, that all of Kant's examples of free will are also examples of moral evil. This low estimate of man's spontaneous faculties is at the basis of Kant's suspicion of all eudaimonistic ethics, his demand that every moral decision be "disinterested," that the moral law be the sole determinant of the will. Just as in the first Critique Kant insists on finding an adequate cause to ground the universality which attaches to the laws of science and mathematics, so in ethics he demands an adequate explanation of the radical character of evil present in the world; this he finds in a perversion of the human faculty of judgment, whereby a contingent element of experience is illegitimately raised to the status of a universal maxim by the will. The moral decision must be disinterested because every attraction by a sensible object threatens to become the occasion for such a definitive fixation of our moral character. But Kant's deeper originality lies in a view which bridges the Enlightenment and later periods. Kant breaks with a convention of systematic philosophical activity which had held sway from the Greeks through Leibniz, the view that reality must be consistent. For Kant, the principle of non-contradiction does not apply to the phenomenal world but only to the noumenal. For Kant, human existence can harbor contradictions; consequently man lives perpetually in tension. As a citizen of two worlds, he is committed to achieving a moral ideal which the basic perversion of his will renders unrealizable. This tension can be viewed optimistically, as with Hegel ; then the "positivity" of evil is interpreted as a necessary step, a " felix culpa," by which God rouses man to greater efforts and brings him to maturity, autonomy, and a vision of the real. The other alternative is the Schopenhauerian interpretation, wherein the tensions in the absurdity of the human condition are taken as too extreme to warrant further participation. Reboul is excellent in showing the form these tensions take in Kant's system: the mystery of how a basically perverted will can be converted into a "good faith," although this is the ethical command; the command never to feel oneself "justified" through having done one's duty, even though the moral command obligates us to strive perpetually for this condition. However, in stressing the harsh import of sin for Kant, and thus saving Kant from Hegel, has Reboul not placed Kant in the company of Schopenhauer, Sartre, and Camus?--P. M. (shrink)

This article undertakes to explain the importance of discourse in the modern philosophy of law. It conceptualises discourse as a step to the comprehensive truth of a phenomenon, which does not exist in most forms of modern methods. Therefore, modern philosophy of law must be sought through a vigorous application of the method of discourse in deducing the diversity of truth-seeking in modern legal doctrine and the application of law in contemporary society. In this article, the author endeavours to (...) systemise that discourse is capable of comprehending a single absolute fact in legal doctrine and law, which is necessary to produce the exact procedures in society. Thus, discourse unfolds the relationship between the known and the unknown into a philosophical principle. It is then conceivable that discourse by its deduction creates societal forms and substances for the investigator to understand the true form and nature of law in society. Keywords: discourse, philosophy of law, law, ethics, and integrity. (shrink)

Ancient Greek drama became the driving force in the Western theatrical revolution of the 1920s with Leopold Jessner's famous staging of King Oedipus in 1919. Once again theatre defined itself as the public tribune: the Athenian polis with its direct democracy giving way to the concept of a new social collective for the scientific age. The urgency of the impulse for social change coupled with the experience of World War I led to the investigation of images and action as forces (...) of internal necessity arising from the existentielle Angst of a whole generation of artists who found themselves face to face with the spiritual bankruptcy of the bourgeois social order. The long-term effects of the new dramatists’ radical re-viewings of the Greek theatre's potential as a progressive social undertaking—revealing its use value—may be detected in current-day rehearsal practices. Some of these effects are the subject of this article, which presents the author's experience of directing Sophocles’ Antigone in 1986 at the ancient Greek theatre of Oeniades. (shrink)

In order to illuminate the very complex relationship between ethics and politics in the thought of Jacques Derrida, this paper stages the (dis)encounter between Hegel's and Derrida's notion of forgiveness. It will be shown how for these two authors forgiveness is closely related both with certain ‘impossibility’, and with the disclosure of a condition for rethinking the ethico-political realm. Both Hegel and Derrida seem to suggest that forgiveness opens up a realm in which something must remain ‘absolute’, that is to (...) say, ‘intact, inaccessible to law, to politics, even to morals’. And, for both, it seems to be precisely there, where something arrives at the verge of politics, that a thinking (and a re-thinking) of the ‘political’ becomes possible. The paper explores what kind of impossibility is staged in each case, and how can each one bring into light the risks and limits, but also the scope and significance of the other. (shrink)

Characterizing Hegel’s complex assessment of modernity has always depended on which texts one looks at, and how one understands the “modernity problem.” It is obvious enough that Hegel’s pre-Jena and early Jena writings do indeed partly reflect what Nietzsche called a kind of German “homesickness,” a distaste with Enlightenment “positivity,” and an appeal to the models of the Greek polis and the early Christian communities as ways of understanding, by contrast, the limitations of modern philosophic, religious and political life. In (...) these texts, the Enlightenment victory over religion is portrayed as Pyrrhic, as the idealization of a calculating, fragmenting model of rationality, all in a way that merely transferred an oppressive, alien law-giver from without to within. This Enlightenment is a “hubbub of vanity without a firm core,” a purely “negative” reaction to custom and religion that tries to “turn this nothingness into a system.” On such a familiar view, Hegel represents, together with Schiller, Schelling and others, a “romantic reaction” to modernity continuous with Rouseau’s Second Discourse, united in various attempts to reject the abstract, materialist, “dehumanizing” nature of modern institutions, without a regression into premodern forms of thought. (shrink)

Hegel for the most part insists we support existing practices: they have endured, have socialized us, are our home. At times Hegel seems to demand conformity, to leave no room for dissent or disobedience. Hegel gives great weight to the authority of the state and of custom. But Hegel does not leave the individual confronted with an unjust state powerless. To Hegel, we are obligated to obey the law if we are at home in the state, if its practices, institutions (...) and laws are rational, if the free will "comes into existence" in it. But on Hegel's view, if the practices, institutions and laws of the state are not rational, we are not obligated to comply with their demands. Few recognize that Hegel even allows for justified disobedience, let alone that he can tell us anything about the conditions under which disobedience is justified. This is partly attributable to the fact that important texts concerning Hegel's views have only recently been discovered and published. For example, in a passage from one of these texts, a set of notes of Hegel's lectures on political philosophy, Hegel declares that if my free will does not come into existence in the state, I have no corresponding duty to the state. My purpose is to articulate a distinctive Hegelian theory of justified disobedience, show how it differs both from the traditional understandings of Hegel's views and from contemporary approaches to the problem of justified disobedience, and briefly to point to some difficulties with Hegel's position that need to be worked out if it is to be a satisfactory alternative. (shrink)

Focusing on Greece, this essay aims to contribute to a philosophical understanding of Europe’s current financial crisis and, more generally, of the aporetic implications of the modern determination of freedom as such. One the one hand, I draw on Hegel’s Philosophy of Right in order to argue that modernity entails a potential conflict between a market economy and a state that is supposed to further the interests of the society as a whole. On the other hand, I draw on Sophocles’ (...) Oedipus the King as well as on Hegel’s account of tragedy in the Phenomenology of Spirit to reinterpret the conflict between the spheres of civil society and the state as a tragic conflict. Modernity threatens to undermine itself from within, I maintain, because the simultaneous development of capitalism and democracy makes it very hard to prevent the sphere of particular interests from encroaching upon the sphere of politics. (shrink)

Reading the Republic without reference to the less familiar Laws can lead to a distorted view of Plato's political theory. In the Republic the philosopher describes his ideal city; in his last and longest work he deals with the more detailed considerations involved in setting up a second-best 'practical utopia.' The relative neglect of the Laws has stemmed largely from the obscurity of its style and the apparent chaos of its organization so that, although good translations now exist, students of (...) philosophy and political science still find the text inaccessible. This first full-length philosophical introduction to the Laws will therefore prove invaluable. The opening chapters describe the general character of the dialogue and set it in the context of Plato's political philosophy as a whole. Each of the remaining chapters deals with a single topic, ranging over material scattered through the text and so drawing together the threads of the argument in a stimulating and readily comprehensible way. Those topics include education, punishment, responsibility, religion, virtue and pleasure as well as political matters and law itself. Throughout, the author encourages the reader to think critically about Plato's ideas and to see their relevance to present-day philosophical debate. No knowledge of Greek is required and only a limited background in philosophy. Although aimed primarily at students, the book will also be of interest to more advanced readers since it provides for the first time a philosophical, as opposed to linguistic or historical, commentary on the Laws in English. (shrink)

In 2020 the international philosophical community celebrates the 250th anniversary of the birth of G.W.F. Hegel. This anniversary provides an excellent opportunity to once again reconsider to the iconic works of the great German philosopher, among them, special attention should be paid to The Phenomenology of the Spirit, which is universally considered as one of the most famous works of world philosophical literature. Being the first of Hegel’s major works and, at the same time, the first and only part of (...) the early version of his system of absolute idealism, this book, largely due to the efforts of the French Neo-Hegelians, acquired the status of one of the most famous philosophical works. Meanwhile, The Phenomenology of the Spirit is rightfully considered one of the most complex philosophical texts, which does not cease to attract attention, including due to the intricacies of its style. Being called by K. Marx “the true point of origin and the secret of the Hegelian philosophy,” this work, among other numerous “secrets” and “mysteries,” undoubtedly hides the mystery associated with the terminological and stylistic features of Hegel’s writing. Noting the serious difficulties encountered in reading The Phenomenology of the Spirit, the author of the article shows that Hegel wrote it, developing a new philosophical language, creating a range of linguistic innovations, also using Germanized Latin and Greek terms. Along with Spinoza’s Latin terminology, he borrowed some concepts from his compatriots, deliberately altering their meaning. The article also shows that, being an extremely complex philosophical work, Hegel’s The Phenomenology of the Spirit had a huge impact on the development of intellectual culture of the 20th century, and not only due to its conceptions. Its language itself greatly contributed to the formation of special philosophical terminology and anticipated a number of significant changes in the structure and composition of philosophical texts. (shrink)

This is a concise and easy-to-read account of the ethical philosophy of the Greeks, from the Sophists to the Stoics. With particular emphasis on Socrates, Plato, and Aristotle, the author skillfully traces the themes of law and nature, virtue, knowledge and happiness, and love and friendship, giving a comprehensive account of the meanings the Greeks attached to expressions such as "justice", "voluntary action", "virtue", and "good".

Este trabalho desenvolve a concordância estética e a diferença política entre Hegel e o jovem Lukács da "Teoria do romance". O jovem autor húngaro se apropria da estrutura conceitual da "Estética" de Hegel, pois entende as formas poéticas em sua relação com o desenvolvimento do conteúdo histórico. Lukács e Hegel concebem, desse modo, as duas formas da grande épica (epopeia e romance) em estreita conexão com o momento histórico que as fundamenta: a Grécia arcaica configurada por Homero e a experiência (...) da fragmentação e da consolidação da subjetividade lírica que a modernidade traz consigo. Não obstante a assunção da herança estética de Hegel, o jovem Lukács se afasta das conclusões positivas de Hegel acerca da modernidade, a saber: da suspensão da liberdade fragmentada e lírica da sociedade civil burguesa pela liberdade objetiva na unidade e totalidade da forma Estado, unidade e totalidade verdadeiramente apreendidas pela forma filosófica. Lukács, ao contrário de Hegel, entende a modernidade a partir do ponto de partida negativo, isto é, não a vê como a consumação da liberdade do homem, mas a compreende como a experiência do sujeito fragmentado e separado das estruturas sociais. This work develops the aesthetic agreement and the political difference between Hegel and the young Lukács, who wrote the "Theory of the Novel". The young Hungarian author appropriates the conceptual structure of the Hegel's "Aesthetics", because he understands the poetic forms in their relation with the development of historical content. Lukács and Hegel thereby conceive the two forms of the great epic (Greek epic poem and novel) in close connection with the historical moment in which they arise: the archaic Greece configured by Homer and the experience of fragmentation and consolidation of the lyrical subjectivity brought by modernity itself. Despite the assumption of Hegel's aesthetic heritage, the young Lukács departs from Hegel's positive conclusions about modernity, namely: from the suspension of the fragmented and lyrical liberty of the bourgeois civil society by the objective freedom in the unity and totality of the State form, unity and totality truly seized by the philosophical form. Lukács, in opposition to Hegel, understands modernity from the negative starting point, that is, he does not understand it as the consumation of human freedom, but as the experience of the human subject fragmented and separated from the social structures. (shrink)

Assuming the crucial interest of Arabic material for the recovery of the textual tradition of some Greek texts of mechanics, the following article aims at presenting a partial survey of the Graeco-Arabic transmission in the field of mechanics. Based on new manuscript material dating from the ninth to the twelfth century, it investigates the textual and theoretical traditions of two writings ascribed to Aristotle and Euclid respectively and transmitted to Arabo-Islamic culture in fragmentary form. The reception and the impact of (...) the Peripatetic Mechanics are analyzed on the basis of texts edited by al-Khāzinī as well as by the comparative study of the proof of the law of the lever in three authors: Pseudo-Aristotle, Thābit ibn Qurra, and al-Isfizārī. The codicological analysis of the extant manuscripts of Maqāla fī ‘l-mīzān – a rather systematic treatise on the balance ascribed to Euclid – leads to the assumption that it is a Greek fragment edited in Arabic. This reconstruction of the Arabic tradition of Euclidean mechanics is further elaborated by an annotated synopsis of al-Isfizārī's systematic recension of the text. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hegel on Self-Consciousness: Desire and Death in the Phenomenology of SpiritAndy R. GermanRobert B. Pippin. Hegel on Self-Consciousness: Desire and Death in the Phenomenology of Spirit. Princeton-Oxford: Princeton University Press, 2011. Pp. viii + 103. Cloth, $29.95.If Hegel's system cannot be understood without the Phenomenology of Spirit, it is certainly impossible to understand the Phenomenology without understanding its famous transition, in chapter 4, to self-consciousness and the (perhaps (...) all-too-famous) master-slave dialectic. In these published lectures, then, Robert Pippin has compelling reasons for seeking the heart of the Phenomenology in two of its crucial assertions: that "Self-Consciousness is desire itself" and that "Self-Consciousness attains its satisfaction only in another self-consciousness" (¶¶167 and 175 in Miller's translation).Pippin's Hegel is essentially Kantian, concerned with the apperceptive nature of self-consciousness, i.e. not as mere receptivity to sensory or intellectual form, but as an activity, a judging or "taking" the world to be such and so. For Kant, this activity is transcendental or purely formal, the unification of the spatio-temporal manifold by a continuous, apperceptive "I" (31). Pippin argues that Hegel jettisons Kantian formality in favor of a broader question: how, rather than being subject to my desires, am I the subject of my desires? (32). An answer is possible only if self-consciousness is neither observational nor an immediate self-presence but instead (i) a practical achievement (15) that (ii) requires other self-conscious subjects (19). Unlike Platonic erōs, then, which points away from human life, self-conscious desire is constant self-examination of the reasons for our actions or beliefs. This is Hegel's version of Kant's insight that reason is the desire for justification, ultimately before "all others" (56–57).Thus we pivot to the claim that the successful or "satisfying" achievement of self-consciousness involves recognition by others. "Our answerability to the world," as Pippin writes, "is inextricably bound up with... our answerability to each other" (61). Unlike John McDowell's interpretation of the master-slave dialectic as an analogy for the struggle between the passive and active elements within one mind (42), Pippin argues that self-consciousness is social all the way down. It is "something like having a position," i.e. avowing a practical commitment or making a normative claim (65), which implies the presence of another self-conscious subject who recognizes my right to such claims, or challenges that right, even to the outermost—a struggle to the death over recognition and authority. Self-consciousness, then, is "not... a reflection of some substantive or metaphysical nature but... a social achievement... bound up with... social conflict" (75). On the decisive point, Pippin agrees with Brandom's neo-pragmatism: "[S]elf-conscious beings do not have natures, they have histories" (68), specifically, the history of struggle and reconciliation among rational, mutually recognizing subjects.But what, then, does recognition mean and how does it "satisfy"? And in what does our "answerability to others" consist if there is no "non-question begging... standard" (83) by which to judge our answers? Hegel, Pippin writes, "has a ‘pragmatic' or a ‘historicized' or ‘dialogical' view of what counts as the appeal to reasons.... He understands practical reason as a kind of interchange of attempts at justification among persons... " (84). Justification, however, cannot mean an appeal to nature. Indeed, in the struggle for recognition, self-conscious freedom means indifference to mere natural life or desire. Nature no longer points to philosophical wholeness, as our love of seeing does in Aristotle's Metaphysics. To paraphrase Pippin's titles, he shows with superior clarity that Hegel's idealism really is modernism: i.e. the most thoroughgoing rejection of the Greek link between eleutheria and eudaimonia.But when Hegel writes of "the point where knowledge no longer needs to go beyond itself... where Concept corresponds to object and object to Concept" as the necessary "goal" of knowledge (¶80), this suggests that the "interchange of justifications" reaches an end. Even if this end is the socio-political order of mutual recognition among rational persons, it is surely not the mere fact of recognition that satisfies us... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A New Fragment of Sophocles and its Schedographic ContextJohn J. KeaneyThe General ContextA popular medium of elementary Byzantine education in grammar and orthography was the genre known as.1 The genre is represented by a (larger or smaller) collection of (brief passages of prose [most frequently] or verse). The individual words of the text are accompanied by a fourfold analysis: (1) interlinear glosses;2 (2 and 3) grammatical and etymological/derivational analysis (...) of individual words; (4) a list of words beginning with the same two or three letters as the word analyzed-each word may or may not be glossed. While these lists quote some well-known texts, the grammatical analyses preserve only two quotations of classical authors; both, by some chance, are of Sophocles.3Our earliest, and necessarily very incomplete, knowledge of the genre comes in references and allusions thereto, like those of Anna Comnena (Alexiad 15.7) or Eustathius (e.g., Comm. in Hom. Il. 1.367.4; [End Page 173] 2.585.16 van der Valk). Between that period and the appearance of the first texts, there arose a traditional core of (hereafter skhedē).4 The earliest representatives of this core were written in the south of Italy at the end of the thirteenth century. These, with the folia containing our text, are B (Barberinianus Graecus 102:1290/1 [subscription]: fol. 60 v); P (Parisinus Graecus 25745: fol. 61 r) written by Nicolaus Hagiopetrite\s in Galatina; N (Par. Gr. 2572:1295/6 [subscription]: fol. 51 v) by one Georgius, son of the protopapas Leo, of Ardeo; and M (Monacensis Graecus 272: fol. 42 v). These represent one6 branch of the oldest class of manuscripts (class Ia). The four manuscripts are related, as shown by the fact that they preserve the same order of skhedē throughout. N and M are closely related for they add a final skhedos not found in B and P. A second branch (Ib) is represented by Pal (Palatinus Graecus 927: fol. 26 v), R (Reginenses, PP Pii II 15: fol. 206 v8), and C (Conventi Soppressi 29: fol. 40 v).The Specific ContextThe ninth of the traditional skhedē is[End Page 174]The word analyzed is. The text:A.A.B.C.D. om. PalRAlthough the text is badly transmitted,10 it is all but certain that it goes back, ultimately, to Herodian.11 The closest parallel passage12 is from the Peri dikhronōn (2.15.11-27 Lehrs):[End Page 175] (δ 511).A. B. (F36 Kassel-Austin).Some Sophoclean Usage(1) is found once (Ph. 945). (2) With compare Ai. 543: and Ant. 548: (3) For the polarity of "mind" and, see OT 524-24: F 929.1-2 Radt:. For as a feature of the Sophoclean hero, see Knox 1964, 21.John J. KeaneyPrinceton University e-mail: [email protected], J., and J. Irigoin, eds. 1977. La Paléographie grecque et byzantine. Paris: Centre Nationale de la Recherche Scientifique. Google ScholarCanart, P. 1977. "Un Style d'écriture livresque dans les manuscrits chypriotes du XIVe siècle: La Chypriote 'bouclée.'" In Bompaire and Irigoin, 303-21.Constantinides, C. N., and R. Browning. 1993. Dated Greek Manuscripts from Cyprus to the Year 1570. Nicosia: Cyprus Research Center. Google ScholarDyck, A. 1993. "Aelius Herodian: Recent Studies and Prospects for Future Research." ANRW 2.34.1:772-94. Berlin: de Gruyter. Google Scholar---, ed. 1995. Epimerismi Homerici. 2d part. Sammlung griechischer und lateinischer Grammatiker 5/2. Berlin: de Gruyter. Google ScholarGallavotti, C. 1983. "Nota sulla schedographia di Moscopulo e suoi precedenti fino a Teodoro Prodromo." BPEC, 3d ser., 4:1-35. Google ScholarGamillscheg, E. 1950. "Zur handschriften Überlieferung byzantinischen Schulbücher." JÖB 43:211-30. Google ScholarHunger, H. 1978. Die hochsprachliche Literatur der Byzantiner. Vol. 2. Munich: C. H. Beck. [End Page 176]Google ScholarKassel, R., and C. Austin. 1991. Poetae Comici Graeci. Vol. 2. Berlin: de Gruyter. Google ScholarKeaney, J. J. 1971. "Moschopulea." BZ 63:303-21. Google ScholarKnox, B. M. W. 1964. The Heroic Temper. Berkeley and Los Angeles: University of California Press. Google ScholarLehrs, K... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Conflict and Reconciliation in Hegel’s Theory of the TragicJ. G. FinlaysonἊϱης Ἂϱει ξυμβαλεῖ, Δίϰᾳ Διϰα. (Κοεφοϱοι 461)this article has two related aims: to expound and defend Hegel’s theory of the tragic; and to clarify Hegel’s concept of reconciliation. These two aims are related in that a widespread, but misleading, conception of the tragic and a common, but mistaken, understanding of Hegel’s concept of reconciliation can seem to offer mutual (...) support. According to the misleading conception, the tragic consists in the defeat of human lives and projects that arises from irresolvable conflict. Goethe is the most notable exponent of this view. In 1824 Goethe writes that “everything tragic rests on irresolvable opposition. As soon as resolution enters or becomes possible the tragic vanishes.”1 The mistaken understanding of Hegel’s concept of reconciliation is that it consists in a triumphal and wholly affirmative resolution of contradiction through the attainment of harmony. It is easy to see how the two views support one another. For Hegel presents the tragic as a dialectic of conflict and reconciliation in human action, a dialectic in which the moment of reconciliation is ineliminable. So, if one conceives reconciliation as an harmonious resolution of conflict and one also subscribes to Goethe’s view that the tragic rests on irreconcilable opposition, one is not likely to take Hegel’s theory of the tragic very seriously. If, however, we keep in mind what Hegel means by ‘reconciliation, ’ then we can begin both to understand and to defend his theory of the tragic. [End Page 493]1. TRAGEDY AND THE TRAGICLet us begin with a preliminary delineation and defense of the concept of the tragic. Hegel does not have a theory of tragedy, he has a theory of the tragic. A theory of tragedy would be genre-specific, a theory about tragedies, the works of theater and not the pitiable and terrifying events they represent.2 Aristotle’s Poetics is a theory of tragedy. It is a theory about the composition of tragic poems, about their parts and their function. One can call a theory of tragedy loosely an ‘aesthetic’ theory, to the extent that it is a theory of the experience of a work of tragedy, indeed for the ancient Greeks, an experience not just of beholding but of participating in the performance of a tragedy. By contrast, a theory of the tragic is not a theory about tragedies. It is not genre specific, for not only tragedies are tragic. And neither is it an ‘aesthetic’ theory about the experience of a work of tragedy. Rather, it is a theory about what makes a work of theater into a tragedy, about what it is to be a tragedy. True, the essence of tragedy has to do with experience, but it has to do primarily with the experience of the tragic hero, not the experience of the actor or the spectator.Furthermore, whereas a theory of tragedy tells us something about tragedies, a theory of the tragic tells us something about human experience, human actions and the ethical-life of a community in which the actions are played out.3 The tragic arises from the way in which institutions, customs, and practices within which we become what we are, shape our actions on the one hand, and take shape through our actions on the other. Hence the question of the tragic enjoys a certain priority over the question of tragedy. The works of theater we call tragedies exist because of the tragic, not vice versa.There is another reason why we should grant that the question of the tragic as such is interesting and relevant. Tragedy is not a vague term; historically at least the matter of classification has been settled. It is not as if, in significant instances, it is impossible to decide whether a work of ancient drama is or is not a tragedy. Lebeck may argue, rather unconvincingly that the trial scene in the Eumenides is a parody of Athenian litigation; but she does not dispute that it is a tragedy.4 Steiner may claim that “tragedies end badly,” in flagrant disregard of the evidence, (the Eumenides of Aeschylus, and Sophocles’ Philoctetes and Oedipus at... (shrink)

In this paper, the tragedy of Hegel's works on索佛克里斯 is interpreted as the object of analysis, to clarify the "Phenomenology of Mind" chapter of the first link: ethical implied the dialectical development of relations. Hegel Antigongnie and Craig Wong as the conflict between the play to express the central theme, the duo behind it as the ethical forces of the two entities split out the two sets of rules of self-symbol, through the wave Li Naike burial period of confrontation with (...) the two sides is not only a Antigongnie ─ ─ Weng personal conflict with Craig, but also family and country, God, law and human law, obligations and civic responsibilities of genetic conflict between, or Sex between women and men conflict. In the ethical stage, the individual and the unity of ethics has a direct relationship between the entities, and directly by its intrinsic norms of behavior, but to achieve out of the ethical nature of the dialectical development of the end point then, replaced by another type. (shrink)

Hesiod: Kierkegaard and the Greek Gods -- Homer: Kierkegaard's Use of the Homeric Poems -- Plutarch: A Constant Cultural Reference -- Sophocles: The Tragic of Kierkegaard's Modern Antigone -- Index of Persons -- Index of Subjects.

This text considers the results of the western powers’ recognition of Kososvo’s independence from three perspectives: firstly, the possible consequences (of which what is happening in Georgia already gives us some proof) of this independence proclaimed and recognised outside the provisions of international law, and which can be considered a precedent in other territories with similar problems; secondly, it proposes, following Hegel, a rational conception of the state, far removed from ideas of ethnicity based on race, language, and so on, (...) in which nationalism finds its inspiration. Finally, it analyses and criticises from the Hegelian perspective, as updated by the reasoning of authors such as Habermas, the foundations of nationalism, especially its mistaken defence of the pre-eminence of collective over individual rights. (shrink)

This detailed commentary on the action and argument of Sophocles' Antigone is meant to be a reflection on and response to Hegel's interpretation in the Phenomenology. It thus moves within the principles Hegel discovers in the play but reinserts them into the play as they show themselves across the eccentricities of its plot. Wherever plot and principles do not match, there is a glimmer of the argument: Haemon speaks up for the city and Tiresias for the divine law but neither (...) for Antigone. The guard who reports the burial and presents Antigone to Creon is as important as Antigone or Creon for understanding Antigone. The Chorus too in their inconsistent thoughtfulness have to be taken into account, and in particular how their understanding of the canniness of man reveals Antigone in their very failure to count her as a sign of man's uncanniness: She who is below the horizon of their awareness is at the heart of their speech. Megareus, the older son of Creon, who sacrificed his life for the city, looms as large as Eurydice, whose suicide has nothing in common with Antigone's. She is "all-mother"; Antigone is anti-generation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cynthia Willett HEGEL, ANTIGONE, AND THE POSSIBILITY OF ECSTATIC DIALOGUE In his lectures on aesthetics, Hegel argues that drama is the highest form of art. Only drama can resolve, or sublate (auflieben), an opposition between objective and subjective poles ofaesthetic experience.1 This opposition takes its penultimate form in the difference between epic and lyric poetry. Subjective feelings expressed in lyric and the objective representation ofevents in epic are sublated (...) in classical drama as ethical character and action. In this article I will examine both what Hegel does and does not say about the structure and function ofclassical drama in order to determine its role in the education of humanity, or what Hegel calls the "phenomenology of spirit." As it turns out, drama is not only a climactic moment in the development of spirit. The structure ofdrama also traces a paradigm and an historical origin for Hegel's dialectic. The ironic reversals and discoveries that emplot tragic drama also constitute dialectic. An immediate consequence of this parallel is mat, in accordance with Aristode's definition of tragic drama, dialectic demands the catharsis, or purging, of emotion from educated spirit.2 After establishing the analogy between dialectic and cathartic drama, I turn to the exemplary role that is played by Sophocles' Antigone in the Phenomenology ofSpirit. A reinterpretation of the play suggests that Hegel fails to see that emotional engagement, or the unsublated subjective feeling relegated to die lower art of lyric, in fact orients the dramatic action of Antigone. The resemblance between drama and dialectic suggests that desire can no more be purged from dialectic than from classical tragedy. As a consequence, Hegelian dialectic should be reconceived in terms of a notion of tragedy that is not cathartic but ecstatic. Philosophy and Literature, © 1990, 14: 268-283 Cynthia Willett269 In the AesUietks, Hegel places drama after epic and lyric as the third and final moment of the highest stage of art. Drama presents actions that are ethical and thus differs from the lyrical expression of feelings as well as the adventures narrated in epic (A, pp. 1158; 474). Hegel's definition of epic in terms of narration and description suggests that the language of epic functions as representation. Representational language externalizes, or objectifies, spirit's movement in a series ofevents which are related by the epic poet. This narration functions without the mediation ofa subject, which is to say without an "agent's inner will and character" (A, pp. 1160; 476). Lyric poetry, on the other hand, concerns feelings or "the inner life alone" (A, pp. 984; 254). In accordance with its subject matter, the language oflyric is not representational but expressive. Drama presents actions before an audience, such actions occurring primarily in the mode of speech (A, pp. 1159; 475). What we can characterize as the "speech-acts" performed in drama carry out intentions of, or ends soughtby, the main character. Drama advances dialectic because, as Hegel writes, "drama does not fall apart into a lyric inner life and an external sphere as its opposite, but displays an inner life and its external realization" (A, pp. 1 160; 476). First, events which occur episodically in epic attain the unity of a single action that comprises dramatic plot. Secondly, a "cleaned-up" version ofthe "chaotic" feelings expressed in lyric poetry develops into the intention of a character to adher to a universal ethical principle. It is important to emphasize that, according to Hegel, drama should not draw any of its effect from subjective emotions. Drama sublates lyrical feeling into ethical law. Only thus does drama bring together the epic-making events and lyrical subjectivity, notby wayofa mechanical synthesis, but in a metamorphosis enabling elements initially opposed to give rise to an original whole. The proximity ofdrama to dialectical thought appears in the contrast Hegel draws between dramatic action and action which is prosaic, or philosophically insignificant (A, pp. 1159; 475). Dramatic action, Hegel explains, "is notconfined to the simple and undisturbed accomplishment ofa specific aim; on the contrary, it rests entirely on collisions ofcircumstances, passions, and characters... which in turn necessitate a resolution of the conflict and discord" (A, pp. 1159; 475). On the other hand, a prosaic, or ordinary... (shrink)