Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Authors have a lot of leeway with regard to what they can make true in their story. In general, if the author says that p is true in the fiction we’re reading, we believe that p is true in that fiction. And if we’re playing along with the fictional game, we imagine that, along with everything else in the story, p is true. But there are exceptions to these general principles. Many authors, most notably Kendall Walton and Tamar Szabó Gendler, (...) have discussed apparent counterexamples when p is “morally deviant”. Many other statements that are conceptually impossible also seem to be counterexamples. In this paper I do four things. I survey the range of counterexamples, or at least putative counterexamples, to the principles. Then I look to explanations of the counterexamples. I argue, following Gendler, that the explanation cannot simply be that morally deviant claims are impossible. I argue that the distinctive attitudes we have towards moral propositions cannot explain the counterexamples, since some of the examples don’t involve moral concepts. And I put forward a proposed explanation that turns on the role of ‘higher-level concepts’, concepts that if they are satisfied are satisfied in virtue of more fundamental facts about the world, in fiction, and in imagination. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Normative Externalism argues that it is not important that people live up to their own principles. What matters, in both ethics and epistemology, is that they live up to the correct principles: that they do the right thing, and that they believe rationally. This stance, that what matters are the correct principles, not one's own principles, has implications across ethics and epistemology. In ethics, it undermines the ideas that moral uncertainty should be treated just like factual uncertainty, that moral ignorance (...) frequently excuses moral wrongdoing, and that hypocrisy is a vice. In epistemology, it suggests we need new treatments of higher-order evidence, and of peer disagreement, and of circular reasoning, and the book suggests new approaches to each of these problems. Although the debates in ethics and in epistemology are often conducted separately, putting them in one place helps bring out their common themes. One common theme is that the view that one should live up to one's own principles looks less attractive when people have terrible principles, or when following their own principles would lead to riskier or more aggressive action than the correct principles. Another common theme is that asking people to live up to their principles leads to regresses. It can be hard to know what action or belief complies with one's principles. And now we can ask, in such a case should a person do what they think their principles require, or what their principles actually require? Both answers lead to problems, and the best way to avoid these problems is to simply say people should follow the correct principles. (shrink)

We provide a new interpretation of Zeno’s Paradox of Measure that begins by giving a substantive account, drawn from Aristotle’s text, of the fact that points lack magnitude. The main elements of this account are (1) the Axiom of Archimedes which states that there are no infinitesimal magnitudes, and (2) the principle that all assignments of magnitude, or lack thereof, must be grounded in the magnitude of line segments, the primary objects to which the notion of linear magnitude applies. Armed (...) with this account, we are ineluctably driven to introduce a highly constructive notion of (outer) measure based exclusively on the total magnitude of potentially infinite collections of line segments. The Paradox of Measure then consists in the proof that every finite or potentially infinite collection of points lacks magnitude with respect to this notion of measure. We observe that the Paradox of Measure, thus understood, troubled analysts into the 1880’s, despite their knowledge that the linear continuum is uncountable. The Paradox was ultimately resolved by Borel in his thesis of 1893, as a corollary to his celebrated result that every countable open cover of a closed line segment has a finite sub-cover, a result he later called the “First Fundamental Theorem of Measure Theory.” This achievement of Borel has not been sufficiently appreciated. We conclude with a metamathematical analysis of the resolution of the paradox made possible by recent results in reverse mathematics. (shrink)

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

This volume collects two lectures by Jeremy Waldron that were originally given as Berkeley Tanner Lectures along with responses to the lectures from Wai Chee Dimock, Don Herzog, and Michael Rosen; a reply to the responses by Waldron; and an introduction by Meir Dan-Cohen.

An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another’s equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.

ABSTRACT Welfare states are often urged to secure a social minimum for citizens—a level of material well‐being beneath which no‐one should be permitted to fall. This paper examines the justification for such a claim. It begins by criticising John Rawls's rejection of the social minimum approach to justice in A Theory of Justice: the argument Rawls uses to justify the Difference Principle, based on what he calls ‘the strains of commitment’ in the ‘original position’, actually provides a better justification for (...) a social minimum principle. The paper then examines the substance of that argument outside the context of Rawls's contractarianism, showing that there is a general case for seeing to it that desperate need does not go unmet in a liberal society. (shrink)

What professional musicians say and do affects the attitudes and actions of music educators in the classroom. One example comes from influential conductor/composer, Gunther Schuller, who, in his controversial 1997 book, The Compleat Conductor, defines, espouses, and recommends his own “philosophy of conducting.” An examination of his ideas and, more importantly, the assumptions that premise them, demonstrates that Schuller fails to situate his beliefs within the larger historical framework of aesthetic philosophy. It also serves as a useful example of how (...) we, as conductor/educators, are prone to distance ourselves from educational philosophy as a product of the systematic examination of beliefs. This is dangerous because, through conducting, one necessarily reinforces a philosophy of music, which is itself situated within the general realm of aesthetic philosophy. This paper summarizes Shuller’s interpretation of conducting, identifies the unarticulated realist and idealist assumptions within, critiques his “philosophy,” and discusses the implications of this prescriptive approach to instrumental music education. (shrink)

This is a three-part study and defense of the idea of basic human equality. (This is the idea that humans are basically one another's equals, as opposed to more derivative theories of the dimensions in which we ought to be equal or the particular implications that equality might have for public policy.) Part (1) of the paper examines the very idea of basic equality and it tries to elucidate it by considering what an opponent of basic human equality (e.g. a (...) philosophical racist) might hold. It explores the idea of there being no morally significant fundamental divisions among humans (of the kind that some people insist on as between humans and others animals). Part (2) considers whether basic human equality must be based on some descriptive similarity among us (naturalistic or metaphysical); it considers the positions of a number of thinkers who have denied this. Part (3) considers John Rawls's conception of basic equality in terms of range properties. (Being in Ohio is a range property; Columbus and Cincinnati are both equally in Ohio even though even though Columbus is in the center of the state, while Cincinnati is just over the river from Kentucky.) It explores the application of this Rawlsian idea to the descriptive properties that might be thought relevant to human equality. This three part paper is a rather technical philosophical exploration. And it is just a beginning; we need much more work on the idea of basic equality. Some of the energy that has gone into discussions of equality as a policy aim (e.g. in the Dworkin/Sen literature or in the literature surrounding Rawls's Difference Principle) needs to be devoted to this more fundamental conception. (shrink)

The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.

Jeremy Waldron; XV*—Participation: The Right of Rights, Proceedings of the Aristotelian Society, Volume 98, Issue 1, 1 June 1998, Pages 307–338, https://doi.org.

st of these lectures, I present a conception of dignity that preserves its ancient association with rank and station, and a conception of human dignity that amounts to a generalization of high status across all human beings. The lectures argue that this provides a better understanding of human dignity and of the work it does in theories of rights than the better-known Kantian conception. The second lecture focuses particularly on the importance of dignity - understood in this way - as (...) a status defining a person's relation to law: their presentation as persons capable of self-applying the law, capable of presenting and arguing a point of view, and capable of responding to law's demands without brute coercion. Together the two lectures also illuminate the relation between dignity conceived as the ground of rights and dignity conceived as the content of rights; they also illuminate important ideas about dignity as noble bearing and dignity as the subject of a right against degrading treatment; and they help us understand the sense in which dignity is better conceived as a status than as a kind of value. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 13.1 (2005) 111-114 [Access article in PDF] Response to Elvira Panaiotidi, "The Nature of Paradigms and Paradigm Shifts in Music Education" Janice Waldron Michigan State University Elvira Panaiotidi makes a strong case that MEAE and praxialism represent, respectively, the poesis and praxis strands of the Aristotelian conception of art and that, consequently, one cannot conclude that the two accounts are ontologically incompatible. At (...) this point I wish only to respond to an implication which I believe may be present and discuss its relevance. That is that the search for ontological explanations has historically preceded (or at least should precede) the development of music education theory. A brief look at the historical record indicates that the development of music education theory seems to have been dominated by the search for axiological more than ontological explanations. Panaiotidi lists both aspects as integral parts of the theoretical kernel, however, the need to justify music education in terms of value has, at least in the United States, apparently preceded any search for meaning.Michael Mark recounts a report of the Boston School Committee in 1837, at which certain arguments of Aristotle were invoked in order to persuade the commitee of the value of music instruction.1 The entire transcript of that meeting amounts to a polemic about the value of music, resulting from its supposed effects on the spirit, character, or health, yet the record is devoid of any discussion of what might actually constitute music.2 Marie McCarthy describes how the search for aesthetic foundations over a century later was fostered by a need to "explain [music education's] importance in the curriculum."3 Of the scholars of this period, Abraham Schwadron in particular was quite explicit in articulating how his theory of aesthetics was motivated by what he considered an appalling inability for music educators to validate their field's existence.4This is not to imply that the authors of our current philosophies were not searching for or failed to provide strong ontological arguments for music education or to insist that they have always framed the question: What is valuable about music? as the question: What is music? in order to address these ideological [End Page 111] and political pressures. I am merely suggesting that the search for ontological explanations has generally followed the search for value. The historical pattern is one of reaction to various pressures, followed by the eventual development of an aesthetic philosophical framework which was intended, directly or indirectly, to respond to those pressures. The magnitude of such pressures to justify the place of music in the curriculum would seem to differentiate music education paradigms from those of the social sciences and humanities, of which, the author asserts, they are hybrids. Combined with the marked differences in social and political pressures which are found in various times and places in America, it would also account for the emotional tone of the debate, to which the author also alludes. Presumably, such emotion results not only from various scholars' attachments to their ontological beliefs, but from the practical consequences which occur when a theory is ultimately rejected or implemented at the classroom level, based on its perceived ability to define what is valuable in music education.Although this differentiation is subtle and does not detract from the strength of Panaiotidi's central argument, it has implications for the eventual implementation of any unitary theory. Specifically, if we accept that, ontologically speaking, praxialism and aestheticism are two sides of the same coin, it is likely that the argument will simply transform into an axiological question concerning which side is more valuable, a fact to which the author also alludes. Considering past evidence, the overriding concern for value justification may make implementing any unitary theory difficult, regardless of the benefits that could potentially be gained through such a "balanced music education." Consider, for example, that a unitary theory would be less susceptible to ideological use because of its breadth. In other fields such as literature or science, this would be a... (shrink)

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. (...) The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

Scientific Essentialism defends the view that the fundamental laws of nature depend on the essential properties of the things on which they are said to operate, and are therefore not independent of them. These laws are not imposed upon the world by God, the forces of nature or anything else, but rather are immanent in the world. Ellis argues that ours is a dynamic world consisting of more or less transient objects which are constantly interacting with each other, and whose (...) identities depend on their roles in these processes. Natural objects must behave as they do, because to do otherwise would be contrary to their natures. The laws of nature are, therefore, metaphysically necessary, and consequently, there are necessary connections between events. Brian Ellis calls for the rejection of the theory of Humean Supervenience and an implementation of a new kind of realism in philosophical analysis. (shrink)

In the fall of 1984 my wife, Georgia, and I, moved to Paterson and founded Holistic Ministries International. Our purpose was twofold: to develop a set of ministries that would manifest, in word and deed, the good news of the Kingdom of God; and to develop a context in which prospective missionaries, from Paterson and elsewhere, might receive training relevant to 21st century mission. How this has worked out is the subject of this article.

This chapter contains sections titled: Analytical Issues The Need for Justification Justificatory Theories References.

The relation between the Greek and Judeo-Christian traditions is "the great problem" of Western philosophy, according to Emmanuel Levinas. In this book Brian Schroeder, Silvia Benso, and an international group of philosophers address the relationship between Levinas and the world of ancient thought. In addition to philosophy, themes touching on religion, mythology, metaphysics, ontology, epistemology, ethics, and politics are also explored. The volume as a whole provides a unified and extended discussion of how an engagement between Levinas and thinkers (...) from the ancient tradition works to enrich understandings of both. This book opens new pathways in ancient and modern philosophical studies as it illuminates new interpretations of Levinas' ethics and his social and political philosophy. (shrink)

We live in a world of crowds and corporations, artworks and artifacts, legislatures and languages, money and markets. These are all social objects — they are made, at least in part, by people and by communities. But what exactly are these things? How are they made, and what is the role of people in making them? In The Ant Trap, Brian Epstein rewrites our understanding of the nature of the social world and the foundations of the social sciences. Epstein (...) explains and challenges the three prevailing traditions about how the social world is made. One tradition takes the social world to be built out of people, much as traffic is built out of cars. A second tradition also takes people to be the building blocks of the social world, but focuses on thoughts and attitudes we have toward one another. And a third tradition takes the social world to be a collective projection onto the physical world. Epstein shows that these share critical flaws. Most fundamentally, all three traditions overestimate the role of people in building the social world: they are overly anthropocentric. Epstein starts from scratch, bringing the resources of contemporary metaphysics to bear. In the place of traditional theories, he introduces a model based on a new distinction between the grounds and the anchors of social facts. Epstein illustrates the model with a study of the nature of law, and shows how to interpret the prevailing traditions about the social world. Then he turns to social groups, and to what it means for a group to take an action or have an intention. Contrary to the overwhelming consensus, these often depend on more than the actions and intentions of group members. (shrink)

This paper asks how we should regard the laws and customs of armed conflict, and specifically the rule prohibiting the targeting of civilians. What view should we take of the moral character and significance of such rules? Some philosophers have suggested that they are best regarded as useful conventions. This view is sometimes motivated by a "deep moral critique" of the rule protecting civilians: Jeff McMahan believes for example that the existing rules protect some who ought to be liable to (...) attack (on account of their having voluntarily contributed to the injustice or aggression being resisted). He thinks we would be better off with a different principle of discrimination in warfare. But McMahan acknowledges that for the time being we must stick with the rules that we have. The present paper does five things: (1) it explores and takes further some of McMahan's insights about the importance of existing positive law in this area; (2) it argues that some of the features that philosophers find problematic with the rule offering blanket protection to all civilians have to do with administrability; (3) it raises some questions about whether the rule protecting civilians can really be regarded as a convention (and it argues that certainly it cannot be regarded as a "Lewis-convention" in a strict sense); (4) to the extent that the rule can be regarded as conventional, the paper argues that it remains a deadly serious moral rule, partly because of the circumstances of death and destruction in which it operates and which it tries to ameliorate, and partly on account of its fragility. The fifth point is the most important. (5) The rule protecting civilians does not operate in circumstances in which, apart form positive law, civilians like everyone would be liable to attack. The rule operates against a moral background in which all deliberate killing is to be regarded as murder; some deliberate killings (of combatants) are privileged in warfare; but the rule about civilians reflects the fact that this is a strictly limited privilege and that those who target civilians do not get the benefit of it. Changing our view of the default position in this way enables us to better understand the distinctive work that this rule does. (shrink)

At the start of the twenty-first century, warnings have been raised in some quarters about how - by intent or by mishap - advances in biotechnology and related ...

Many human rights charters contain prohibitions on inhuman and degrading treatment of prisoners and detainees. Terms like “inhuman” and “degrading” are difficult to interpret, but they are certainly not meaningless. It is important to attend to attend to the meanings of the words themselves, as well as to the decisions that courts have made about particular practices. Reflection on the meanings of these highly-charged terms reveals important complexity, which we can unpack in a way that enables us to better focus (...) our debate about the proper treatment of prisoners and detainees. Focusing on the ordinary-language meaning of evaluative terms like “inhuman” and “degrading” also helps us approach the relation between rules and standards in law more thoughtfully, as we see why it is important not to let the evaluative meaning of these terms be superseded by the definitions established in the course of their application. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.