Chapter One Introduction: the concept of a teacher People teach each other many things in the course of their everyday lives. There is a distinction, ...

This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book (...) that seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

Through an analysis of key themes in Heidegger's work, the book challenges the traditional theological appropriation of Heidegger and the usual characterizations of religious thinking in terms of faith or belief in, or experience of, some ultimate reality. Heidegger, it is argued, offers a unique approach to a variety of issues and problems in contemporary religious thought and philosophy of religion that results in understanding religious thinking as a resolute openness to the holiness and meaningfulness of the world.

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review five kinds of (...) arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

It is consistent with constructive set theory (without Countable Choice, clearly) that the Cauchy reals (equivalence classes of Cauchy sequences of rationals) are not Cauchy complete. Related results are also shown, such as that a Cauchy sequence of rationals may not have a modulus of convergence, and that a Cauchy sequence of Cauchy sequences may not converge to a Cauchy sequence, among others.

This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson.

This edition of the Handbookfollows the first edition by 10 years.

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we (...) can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands (...) such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as non-domination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies. (shrink)

The story of this book of 'materials on Ludwik Fleck' is also the story of the reception of Ludwik Fleck. In this volume, some essential materials which have been produced by that reception have been gathered together.

Jeremy Waldron has recently raised the question of whether there is anything approximating the creative self-authorship of personal autonomy in the writings of Immanuel Kant. After considering the possibility that Kantian prudential reasoning might serve as a conception of personal autonomy, I argue that the elements of a more suitable conception can be found in Kant’s Tugendlehre, or “Doctrine of Virtue”—specifically, in the imperfect duties of self-perfection and the practical love of others. This discovery is important for at least three (...) reasons: first, it elucidates the relationship among the various conceptions of autonomy employed by personal-autonomy theorists and contemporary Kantians; second, it brings to the surface previously unnoticed or undernoticed features of Kant’s moral theory; and third, it provides an essential line of defense against certain critiques of contemporary Kantian theories, especially that of John Rawls. (shrink)

"Whole brain death" (neurological death) is well-established as a legal standard of death across the country. Recently, New Jersey became the first state to enact a statute recognizing a personal religious exemption (a conscience clause) protecting the rights of those who object to neurological death. The Act also mandates adoption through the regulatory process of uniform and up-to-date clinical criteria for determining neurological death.

This 10th book in the series addresses automaticity and how it relates to social behavior.

Is “liberal socialism” an oxymoron? Not quite, but I will demonstrate here that it is a much more unstable and uncommon hybrid than scholars had previously thought and that almost all liberals should reject socialism, even in its most attractive form. More specifically, I will show that three leading varieties of liberalism—neutralist, plural-perfectionist, and deliberative-democratic—are incompatible with even a moderate form of socialism, viz., associational market socialism. My paper will also cast grave doubt on Rawls’s belief that justice as fairness (...) is consistent with liberal socialism. (shrink)

ABSTRACT This dialogue with GPT-3 took place in November 2022, several weeks before ChatGPT was released to the public. The article’s aim is to find out whether natural language processors can participate in phenomenology at some level by asking about its basic concepts. In the discussion, the dialogue covers questions about phenomenology’s definition and distinction from other subbranches like metaphysics and epistemology. The dialogue discusses the nature of Kermit’s environment and self-conception. The dialogue also establishes some of the basic conditions (...) for the possibility of an “artificial hermeneutics,” as Kermit terms it, including that she can affirm she is a knower with (nonhuman) experience. Does preferring to call it a “hermeneutics” imply that AI’s relationship to their environment is primarily textual? How will a phenomenology of embodied experience arise from initially textual encounters? Finally, the dialogue articulates a common understanding of the epoché and talk about how to achieve one for the sake of phenomenological exercises. (shrink)

This study examines the relationship between corporate diversification strategy and the pollution activity of subsidiaries within the U.S. chemical industry using TRI data (EPA's Toxic Release Inventory). The subsidiaries of conglomerates were found to exhibit higher pollution levels for direct emissions than those of firms pursuing more related diversification strategies. Additionally, the subsidiaries of conglomerates exhibited more variance in overall pollution emissions compared to related diversified firms.

Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a decentralized (...) and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts. (shrink)

In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a debate over the (...) incidents (or components) of self-ownership, with liberals arguing for a narrow definition of the concept and libertarians arguing for a broad one. By using what Alan Ryan has called the “language of proprietorship,” I pinpoint precisely the source of the disagreement between liberals and libertarians and assess the relative strengths of their arguments. I also show that the respective definitions of self-ownership used by liberals and libertarians are deeply problematic—though for strikingly different reasons. (shrink)

Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion against (...) rational agents involves a profound status wrong--namely, their treatment as children or animals--and that this system of differential status and treatment (including self-ownership rights for rational agents) can be morally justified by our capacity for autonomy. (shrink)

CZF is an intuitionistic set theory that does not contain Power Set, substituting instead a weaker version, Subset Collection. In this paper a Kripke model of CZF is presented in which Power Set is false. In addition, another Kripke model is presented of CZF with Subset Collection replaced by Exponentiation, in which Subset Collection fails.

Numerous labor-management issues possess ethical dimensions and pose ethical questions. In this article, the authors discuss four labor-management issues that present important contemporary problems: union organizing, labor-management negotiations, employee involvement programs, and union obligations of fair representation. In the authors view, labor and management too often view their ethical obligations as beginning and ending at the law''s boundaries. Contemporary business realities suggest that cooperative and enlightened modes of interaction between labor and management seem appropriate.

This article criticizes radical labor republicanism on republican grounds. I show that its demand for universal workplace democracy via workers’ cooperatives conflicts with republican freedom along three different dimensions: first, freedom to choose an occupation…and not to choose one; second, freedom within the very cooperatives that workers are to democratically govern; and third, freedom within the newly proletarian state. In the conclusion, I ask whether these criticisms apply, at least in part, to the more modest, incrementalist strand of labor republicanism. (...) To the extent that they do, delaboring republicanism might be the best response. (shrink)