Dworkin respondeu afirmativamente à pergunta título do seu texto “Não existe mesmo nenhuma resposta certa em casos controversos?”. Posner criticou Dworkin e respondeu a mesma pergunta negativamente. Discute-se neste artigo as diferentes maneiras como cada filósofo entendeu a pergunta que acarreta diferentes respostas a ela, isto é, de que modo diferenças na concepção do que é o Direito acarretam diferenças a respeito da existência de respostas certas para questões jurídicas.

Professor Narveson's comments about my papers on equality are both penetrating and comprehensive. I cannot hope to discuss all the issues he raises in any detail. But there is a special problem: his main question is about what I have not said. He asks how I might defend equality of resources other than simply by describing a version of it, and of course this question will require some extended discussion. But he is right to say that this is his (...) most important question, and I should hate to lose the opportunity of encouraging discussion of it. So I shall begin with some general remarks about the defence of the idea of equality and then take up, in a very hasty and summary way, the other problems he discusses or raises. Please allow me, however, this apology and caution. I know that what I shall say about the defense of equality is at many points dogmatic and at others unmindful of very natural objections and replies. I want to answer Narveson only by showing in a rough and general way how far I think a defense of equality is possible, what kind of defense this can be, and what form it should take. (shrink)

In this article author considers the rights, not of someone who was born and always been demented but of someone who has been competent in the past. He asks if a competent person´s right to autonomy includes the power to dictate hat life prolonging treatment be denied him later, even if he, when demented, pleads for it. To answer this question he considers the extension of contemporary and precedent autonomy and the consecuences holding and evidentiary view or the integrity (...) perspective of autonomy implies. (shrink)

Applied analytical political philosophy has not been a thriving enterprise in the United States in recent years. Certainly it has made little discernible impact on public culture. Political philosophers absorb topics and ideas from the Zeitgeist, but it shows little inclination to return the favor. After the publication of his monumental work A Theory of Justice back in 1971, John Rawls became a deservedly famous intellectual, but who has ever heard political critics or commentators refer to the difference principle or (...) fair equality of opportunity in discussions aimed at a wide audience? Writing philosophically astute and beautifully accessible prose, often in not strictly academic journals of opinion, Ronald Dworkin has been in some ways the very model of a public intellectual, but the only reference to his opinions that I have seen in any newspaper occurred in a New York Times review of a restaurant near London along the Thames (as I recall, Dworkin was quoted as saying it was at the very least the best restaurant in the northern hemisphere). You might chalk up the situation to the fact that political philosophers tend to be liberal and the public political culture in the United States has been growing decidedly conservative, but that mismatch can hardly be the whole story. Right-wing libertarianism is a popular doctrine, but Robert Nozick’s classical and never superseded 1974 exploration of that view in his brilliant Anarchy, State, and Utopia is not cited. Nor is there a significant literature that seeks to derive practical policy recommendations from Nozick’s theory and relevant factual claims. Moreover, the isolation of political philosophy stands in marked contrast to the wide influence of theory in some disciplines. For example, consider the enormous germinating impact of Richard Posner’s ideas on law and economics over the past thirty years on academic and extra-academic American legal culture. (shrink)

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

In 1993, Professor of Jurisprudence, Ronald Dworkin of Oxford University and Professor of Law at New York University, delivered the Georgetown Law Center’s thirteenth Annual Philip A. Hart Memorial Lecture: "Life’s Dominion: An Argument About Abortion and Euthanasia." Dworkin is Professor of Philosophy and Frank Henry Sommer Professor of Law at New York University. He received B.A. degrees from both Harvard College and Oxford University, and an LL.B. from Harvard Law School and clerked for Judge Learned Hand. He was (...) associated with a law firm in New York (Sullivan and Cromwell) and was a professor of law at Yale University Law School from 1962-1969. He has been Professor of Jurisprudence at Oxford and Fellow of University College since 1969. He has a joint appointment at Oxford and at NYU where he is a professor both in the Law School and the Philosophy Department. He is a Fellow of the British Academy and a member of the American Academy of Arts and Sciences. Professor Dworkin is the author of many articles in philosophical and legal journals as well as articles on legal and political topics in the New York Review of Books. He has written Taking Rights Seriously (1977), A Matter of Principle (1985), Law’s Empire (1986), Philosophical Issues in Senile Dementia (1987), A Bill of Rights for Britain (1990), Life’s Dominion (1993), and Freedom’s Law (1996). (shrink)

In this chapter I consider the place of the topic of racial and ethnic urban residential segregation factors into political philosophy. I begin with a short history of residential segregation and the ghetto, and their role in systems of racial domination and oppression, and remarks on the general neglect of this topic in contemporary political philosophy, including in nonideal political philosophy, which proports to take on examples of real-world injustices and inequalities. I then examine, from the standpoint of liberal-egalitarian political (...) theory, what segregation, as a concept, entails, and its harms to individuals, communities, and societies. Segregation in all its forms (residential, educational, and employment, as well as in political and legal systems) is an instance of injustice and inequality and a major component of processes that maintain injustice and inequality, so it requires correction and rectification of some sort. Desegregation and integration are typically forwarded as solutions to the ills and injustices of segregation. They seem synonymous, but are they? To answer this question, I survey the prominent conceptualizations of both during the civil rights movement and the contemporary debate over those terms and political theoretical positions. In the conclusion I outline my partial defense of the idea of integration. (shrink)

Politics in America are polarized and trivialized, perhaps as never before. In Congress, the media, and academic debate, opponents from right and left, the Red and the Blue, struggle against one another as if politics were contact sports played to the shouts of cheerleaders. The result, Ronald Dworkin writes, is a deeply depressing political culture, as ill equipped for the perennial challenge of achieving social justice as for the emerging threats of terrorism. Can the hope for change be (...) realized? Dworkin, one the world's leading legal and political philosophers, identifies and defends core principles of personal and political morality that all citizens can share. He shows that recognizing such shared principles can make substantial political argument possible and help replace contempt with mutual respect. Only then can the full promise of democracy be realized in America and elsewhere. Dworkin lays out two core principles that citizens should share: first, that each human life is intrinsically and equally valuable and, second, that each person has an inalienable personal responsibility for identifying and realizing value in his or her own life. He then shows what fidelity to these principles would mean for human rights, the place of religion in public life, economic justice, and the character and value of democracy. Dworkin argues that liberal conclusions flow most naturally from these principles. Properly understood, they collide with the ambitions of religious conservatives, contemporary American tax and social policy, and much of the War on Terror. But his more basic aim is to convince Americans of all political stripes--as well as citizens of other nations with similar cultures--that they can and must defend their own convictions through their own interpretations of these shared values. (shrink)

Is there a moral right to freedom of conscience? Should a legal right to freedom of conscience be established in each country on Earth? This essay argues for negative answers to both questions. The term freedom of conscience might refer to freedom of thought and the freedom of expression that sustains freedom of thought. In this sense we might affirm the right of each person to form individual opinions about the right and the good, about (...) what we owe one another by way of due consideration of others, and about what is worthy of pursuit in life, on the basis of free discussion of these matters. In the present discussion, these freedoms, important as they might be, are not under consideration. Let us assume freedom of thought and expression are secured. The status of freedom of conscience in the sense that is our concern in this discussion is still wide open. (shrink)

The puzzle arises because propositions of law seem to be descriptive—they are about how things are in the law, not about how they should be—and yet it has proved extremely difficult to say exactly what it is that they describe. Legal positivists believe that propositions of law are indeed wholly descriptive: they are in fact pieces of history. A proposition of law in their view, is true just in case some event of a designated law-making kind has taken place, (...) and other wise not. This seems to work reasonably well in very simple cases. If the Illinois legislature enacts the words "No will shall be valid without three witnesses, "then the proposition of law, that in Illinois will needs three witnesses, seems to be true only in virtue of that historical event.But in more difficult cases the analysis fails. Consider the proposition that a particular affirmative action scheme is constitutionally valid. If that is true, it cannot be so just in virtue of the text of the Constitution and the fact of prior court decisions, because reasonable lawyers who know exactly what the constitution says and what the courts have done may yet disagree whether it is true. What are the other possibilities? One is to suppose that controversial propositions f law, like the affirmative action statement, are not descriptive at all but are rather expressions of what the speaker wants the law to be.Another is more ambitious: controversial statements are attempts to describe some pure objective or natural law, which exits in virtue of objective moral truth rather than historical decision. Both these projects take some legal statements, at least, to be purely evaluative as distinct from descriptive: they express either what the speaker prefers—his personal politics—or what he believes is objectively required b the principles of an ideal political morality. Neither of these projects is plausible because someone who says that a particular untested affirmative action plan is constitution does mean to describe the law as it is rather than as he wants it to be or thinks that, by the best moral theory, it should be. He might, indeed, say that the regrets that the plan is constitutional and thinks that, according to the best moral theory, it ought not to be.There is a better alternative: propositions of law are not simply descriptive of legal history, in a straightforward way, nor are they simply evaluative in some way divorced from legal history. They are interpretive of legal history, which combines elements of both description and evaluation but is different from both. This suggestion will be congenial, at least at first blush, to many lawyers and legal philosophers. They are used to saying that law is a matter of interpretation; but only, perhaps because they understand interpretation in a certain way. When a statute is unclear on some point, because some crucial term is vague or because a sentence is ambiguous, lawyers say that the statute must be interpreted, and they apply what they call "techniques of statutory construction." Most of the literature assumes that interpretation of a particular document is a matter of discovering what its authors meant to say in using the words they did. But lawyers recognize that on many issues the author had no intention either way and that on others his intention cannot be discovered. Some lawyers take a more skeptical position. They say that whenever judges pretend they are discovering the intention behind some piece of legislation, this is simply a smoke screen behind which the judges impose their own view of what the statute should have been.Ronald Dworkin, professor of jurisprudence at Oxford University, is the author of Taking Rights Seriously and editor of The Philosophy of Law. (shrink)

The variety and complexity of the eight papers in this Symposium issue are evidence that immigration is a tough nut to crack both as a matter of policy and application. There is no way that any short summary can do justice to these papers, which take a variety of moral, economic, historical, and empirical approaches to some of the recurrent issues in the field, so it is best in this short issue to try to situate the problem in a general (...) classical liberal context, to show where the pressure points are most likely to appear.The initial way to approach this problem is to start with the simple proposition that the world today is divided into national territories where the practical norm is well-nigh universal: That each sovereign state has exclusive control over its own territory, which, among other things, allows it to decide which individuals are members of that state. These citizens have privileges that may be exercised, no questions asked, on such key matters as entering labor markets, owning property, voting, and otherwise participating in political affairs. All these activities may be denied or granted, at will, to any and all outsiders by the territorial sovereign.No one doubts the need for having some form of territorial control. The need to have some monopoly of force could not be achieved if the entire world, with its infinite diversity of locations and populations, were under a single sovereign. Indeed, in many cases, the divisions within a given country may be so pronounced that separation rather than aggregation is the norm. Thus, at the end of the British Raj, India split into India and Pakistan, and later Pakistan split into Pakistan and Bangladesh. Less dramatically, Czechoslovakia split into two countries, the Czech Republic and Slovakia, while the former Yugoslavia split into five nations, starting from the northwest: Slovenia, Croatia, Bosnia and Herzegovina, Serbia, and Macedonia. Clearly, these ethic differences, be they large or small, are a major obstacle to the expansion of the size of the state. And today, the territorial instinct reasserts itself as the member states of the European Union impose more restrictions on immigration.Yet at the same time, the normative foundations of this system seem elusive. There is the following deep skepticism about the importance of these borders, expressed in these essays by Jeremy Waldron and Ilya Somin, that these national boundary lines should have such a pronounced role in political economy. Michael Blake pursues this theme further by asking the extent to which classical liberals can justify exclusion through the use of violence—or is it force? The inquiry into the dominant role of territoriality can then be expanded, as by Peter Margulies, to examine all sorts of negative externalities that could be created both by easy and strict rules of admission.Taken as a whole, there is no doubt that these national barriers are a serious obstacle to the free trade in goods and services between two individuals, one inside the boundary and one outside. The general view is that these barriers block the gains from trade, which is what drives economic progress, so that ideally all tariffs and quantitative restrictions should give way to a system of free trade in which petty objections by domestic competitors of foreign firms should not dictate local policies.It should, of course, be evident that powerful conflicting forces on free trade and protectionism ebb and flow over time. It should therefore come as no surprise that the stakes are even higher where what is at stake is the movement of people across national boundaries. The loss to any given country from keeping out potential citizens can be enormous, and we see powerful political forces clamp down on open immigration, so many of these gains from trade are lost. The situation can be even more heartbreaking when the ability to leave a country exposes innocent people to imprisonment or death.So what is the explanation for so many nations closing their borders? Much of the explanation comes from old-fashioned protectionism. Your computer programmers will take the jobs of our specialists. There is all sorts of occupational licensing and other barriers to entry within a domestic economy, so there is no reason to expect that these forces will not exert even greater influence against outsiders who do not, after all, have a voice in the local economy and who, therefore, as Alex Nowrasteh, Michael Howard, and Andrew Forrester observe, have little ability to influence domestic policy even after they enter a country. In addition, as Gabriel Chin discusses, strong racial prejudices also lead to exclusions from the domestic economy. Not only are there objections in, say, the United States and much of Western Europe, of exclusion on straight racial grounds, as exemplified by Chinese exclusion acts. The force of these exclusions are also subject to political change. Thus, the Immigration Act of 1924 (the Johnson-Reed Act) was part of a white supremacist program, which gave way two decades later to a very different legal regime with the Immigration Act of 1965, which put an end to the venerable system of national-origin quotas.Yet two other reasons for exclusion are constantly at issue. Immigrants not only bring in their labor but also their families, cultures, and traditions that, in public spaces, may clash with local norms and cultures on such elementary and critical matters as to whether women should dress modestly and wear head coverings. Will freewheeling Danes and Swedes feel comfortable if large numbers of Muslims continue their traditional practices with strong barriers between men and women? There are no obvious market mechanisms that will mitigate these issues, and the situation becomes even more fraught if there are large welfare or educational costs that fall, at least in the short run, on local citizens. These are compounded by the fact that immigrants will typically gain political rights that could easily skew the balance of political power between established and newly arrived ethnic groups by altering the outcome of national and local elections. And letting people in is not just done on a simple open-borders policy. Thus, in many countries, as Lance Pritchett discusses, there is the controversial option of letting foreigners in on short-term labor visas that require them to leave after a certain period. And there are further questions about whether people should be deported if they lied on their entry applications or committed some crime while in the new country, as has occurred in the United States. The numbers of cases can be high and their complexity great, so it is fair to ask, along with Jill Family, whether some self-conscious exceptions to the Administrative Procedure Act of 1946, analogous statutes elsewhere, should be regarded as part of the new normal.It is therefore necessary to deal with the thrust and counterthrust on all these issues. It is also fair to ask whether classical liberalism has a distinctive view on these issues, or whether the combination of private gains and multidirectional externalities gives rise to empirical questions that, as always, require further reflection, even when certain situations—the major influx of illegal immigrants on the US southern border—will generate such powerful emotions that detached intellectual inquiry is ever more difficult. We cannot answer these questions, and thus offer to you a set of essays that take a stab at these difficult topics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Madness, Reason, and PrideRichard G.T. Gipps, PhD (bio)MadnessQuestions such as “what’s madness?” or “what’s reason?” carry no singular sense about with them wherever they go—which isn’t to say that, asked out of a particular interest in a particular context, they can’t be perfectly intelligible. Garson (2023) is wise to this when he follows “what is madness?” with “as opposed to what?”, even if this latter question itself hardly enjoys (...) a clear sense in the initial context of his asking. What counts as a satisfactory answer to “what’s x?” varies, so that sometimes we’ll be satisfied with a name, at other times by information about something’s genus, origin, function, or composition. Things get notoriously tricky when in the philosophical context the question is asked with a presumption of intelligibility despite ‘x’ being, say, an abstract noun formed from an adjective (‘consciousness’ out of ‘conscious’; ‘happiness’ out of ‘happy’; ‘madness’ out of ‘mad,’ etc.). For “what is?” questions are typically most perspicuously mooted when what’s being pursued are enquiries into (what we might call) the ‘essential nature’ of (what philosophers used to call) ‘substances’ or (of what are more ordinarily called) types of ‘thing’ or ‘entity.’ Invoke, by taking one’s lead from the fact that an ‘x’ is grammatically speaking a substantive, the specter of substance, and you can endlessly baffle yourself by now pondering the mysteries of the putative thing. (Vide discussions of “the nature of consciousness.”) Hence the boon of instead pursuing questions of an ‘opposed to what?’ sort; hence Wittgenstein considering using the Earl of Kent’s “I’ll teach you differences” (King Lear) as a motto for his Investigations. Rather more reflective wisdom regarding ‘x’ may thus be gained when we learn to contrast it with ‘y’ and ‘z’ than when peering into x’s non-existent constitution or groping for its never-instituted genus.Later, I make the case that Garson’s conception of reason itself might suffer from a form of substantialization and that, if I’m right in this, troubling implications follow for his approach to madness. But let’s begin by considering his enquiry into the relation of madness, idiocy and reason. So perhaps we’re reflecting on matters legal, and considering—since we’d hitherto been inclined to take ‘reason’ as univocal—what justifies our different treatments of the insane, the intellectually subnormal, and the normal. Or perhaps—proceeding from the same inclination—we’re puzzled by how someone may boast an exceptional IQ or demonstrate marvelous formal rationality (i.e., make deductions of a sort which would please the logician if no-one else) and yet still be quite mad. And then we realize that at which Garson’s Late Moderns seem to have been gesturing: The lack of reason qua intelligence in idiocy is a different [End Page 307] species from the lack of reason qua sanity in madness. An amethyst is lifeless in a different manner than an expired possum (it was never living, never moribund); the arational lack reason in a different sense than do the irrational (and a baobab cannot jump to conclusions.) There is, say his Late Modern theorists, something ‘perverse’ rather than simply deficient about the irrationality of madness.Now an important part of Garson’s thesis has it that “idiocy is a better candidate for the opposite of reason than madness.” One of the reasons for his making this claim is that he follows his Late Moderns in claiming that madness has reason somehow alive within it, albeit in an unconventional or surprising form. I return to his own explication of this below. Consider first, though, the different thought-referencing descriptions under which the speech acts of the thought-disordered, the speech-disordered, the delusional, and the learning disabled subject may be brought. The sufferer of speech disorder has difficulty with fluency or sound production, but once we get used to this we can find our way to the bona fide rational thought immanent within their discourse. The speech acts of the intellectually impaired subject aren’t chaotic, but instead want for invention and richness; they fail to express... (shrink)

Ronald Dworkin’s ‘right answer thesis’ states that there are objectively right answers to most legal cases, even in hard cases where there is deep and intractable disagreement over what the law requires. Dworkin also believes that when deciding cases in law judges and lawyers must necessarily take moral considerations into account. This is problematic, however, for if moral considerations come into play when legal decisions are made, then there can only be a single right (...) answer as a matter of law if there is a single right answer to the relevant moral question; Dworkin’s right answer thesis implies that morality is objective. Arguing against Brian Leiter’s claim that the only plausible conception of objective truth in ‘evaluative’ domains is one modeled on the conception operative in ‘hard’ domains such as science. The following paper will show that this scientific understanding of objectivity is inappropriate for evaluative domains such as morality and law. I demonstrate that, contrary to people like Leiter and John Mackie, this conclusion does not preclude the possibility of objective moral truth. I argue that the conception of objectivity that Dworkin believes is appropriate for domains such as morality and law is a legitimate one, and also that it is one we ought to embrace so that we may indeed speak of objectively ‘right’ answers to legal cases, so that the possibility of law itself is not compromised, and so the state’s authority is made legitimate. (shrink)

Ronald Dworkin’s work on the topic of equality over the past twenty-five years or so has been enormously influential, generating a great deal of debate about equality both as a practical aim and as a theoretical ideal. The present article attempts to assess the importance of one particular aspect of this work. Dworkin claims that the acceptance of abstract egalitarian rights to equal concern and respect can be thought to provide a kind of plateau in political argument, accommodating as (...) it does a number of well-known ethical theories of social arrangement from utilitarianism to libertarianism. The article explores the moral foundations of these egalitarian rights and critically examines five specific reasons for supposing they matter in political debate. It is argued that though these reasons are perhaps less constructive than they might be reasonably expected to be, there is another more fundamental question we can ask about the scope of egalitarian rights the answer to which might ultimately help to explain their fundamental nature and importance. That question is: equality among whom? (shrink)

This article explores and critiques Ronald Dworkin's arguments on the value of integrity in law. Dworkin presents integrity in both legislation and adjudication as holding inherent political value. I defend an alternative theory of the value of integrity, according to which integrity holds instrumental value as part of a legal framework that seeks to realise a particular set of basic values taken to underpin the legal system as a whole. It is argued that this instrumental-value theory explains (...) the value of integrity more satisfactorily than Dworkin's inherent-value account. The article concludes with a discussion of Dworkin's 'one right answer thesis'. Although the proposed theory of integrity does not support a strong version of Dworkin's thesis, it does suggest that there will be a single correct answer to legal questions more often than for normative deliberation generally. (shrink)

What is citizenship? This question goes back to the political philosophy of Aristotle, and how one answers it will be decisive in determining one's vision of political life. In the last ten to fifteen years, the question of citizenship has aroused a renewed set of extremely lively debates within political philosophy, and Iris Marion Young has certainly occupied an important place within these theoretical debates. In particular, Young—especially in her seminal article, Polity and Group Difference: A critique of the ideal (...) of universal citizenship—has presented a sharp challenge to all political theorists who are in some broad sense intellectually nourished by the tradition of civic republicanism and who think about the theme of citizenship under the influence of civic‐republican conceptions. In essence, Young's argument is that the practices of contemporary liberal society show that the implicit normative promise contained in the idea of a universal citizen identity has not been fulfilled, and therefore we must rethink this notion from the ground up. The purpose of my essay is to review the arguments that constitute Young's challenge to the civic‐republican tradition, with a view to clarifying the following questions: Is Young's political theory aimed at a reconstruction of the idea of citizenship on a normatively more sound basis? Or does her project imply a rejection of the idea of citizenship, and its displacement by an alternative understanding of political membership? (shrink)

This text engages preservice and practicing teachers in considering some of the complex issues related to religion and teaching that all educators face in their interactions with students, parents, administrators, and fellow teachers. The questions are not just about what is legal and what is not, but how a teacher should act in the best interests of all students, both those who are religious and those who are not. This book does not provide answers. Its goal is to cause (...) readers to reflect deeply on issues related to their professional decisions and actions regarding religion and teaching. _Religion and Teaching_ is pertinent for all prospective and practicing teachers at any stage in their teaching careers. It can be used in any undergraduate or graduate course that addresses issues of religion and teaching. (shrink)

In search of good -- A Socratic question -- Flourishing and well-being -- Mind and value -- Utilitarianism -- Rawls and the priority of the right -- Right, wrong, should -- The elimination of moral rightness -- Rules and good -- Categorical imperatives -- Conflicting interests -- Whose good? The egoist's answer -- Whose good? The utilitarian's answer - Self-denial, self-love, universal concern -- Pain, self-love, and altruism -- Agent-neutrality and agent-relativity -- Good, conation, and pleasure -- "Good" (...) and "good for" -- "Good for" and advantage -- "Good that" and "Bad that" -- Pleasure and advantage -- Good for S that P -- The "for" of "good for" -- Plants, animals, humans -- Ross on human nature -- The perspectival reading of "good for" -- The conative approach to well-being -- Abstracting from the content of desires and plans -- The faulty mechanisms of desire formation -- Infants and adults -- The conation of an ideal self -- The appeal of the conative theory -- Conation hybridized -- Strict hedonism -- Hedonism diluted -- Prolegomenon to flourishing -- Development and flourishing: the general theory -- Development and flourishing: the human case -- More examples of what is good -- Appealing to nature -- Sensory un-flourishing -- Affective flourishing and un-flourishing -- Hobbes on tranquility and restlessness -- Flourishing and un-flourishing as a social being -- Cognitive flourishing and un-flourishing -- Sexual flourishing and un-flourishing -- Too much and too little -- Comparing lives and stages of life -- Adding goods: Rawls's principle of inclusiveness -- Art, science, and culture -- Self-sacrifice -- The vanity of fame -- The vanity of wealth -- Making others worse-off -- Virtues and flourishing -- The good of autonomy -- What is good and why -- The sovereignty of good -- The importance of what is good for us -- Good's insufficiency -- Promises -- Retribution -- Cosmic justice -- Social justice -- Pure antipaternalism -- Moral space and giving aid -- Slavery -- Torture -- Moral rightness revisited -- Lying -- Honoring the dead -- Meaningless goals and symbolic value -- Good-independent realms of value -- Good thieves and good human beings -- Final thoughts. (shrink)

Editors provide a substantive introduction to the history and theories of perfectionism and neutrality, expertly contextualizing the essays and making the collection accessible.

The legal literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. However, this test is infrequently mentioned by the courts and almost never explains their decisions. Instead, they apply, explicitly or implicitly, various justice-based standards that take into account the rights and relationships among the parties. This is true even for the two judges most closely identified with the aggregate-risk-utility test: Learned Hand and Richard Posner. During the five decades that (...) Hand served as a federal judge, he mentioned the test in only eleven opinions, between 1938 and 1949, and in none of those opinions did he actually apply the test to resolve the negligence issue. In his last reference to the test, in 1949, he essentially abandoned it. None of his fellow circuit judges ever mentioned the test. Posner claims that the Hand formula expresses an economic efficiency interpretation of negligence that has long been implicit in judicial opinions. However, Posner’s arguments are based on speculative and implausible assumptions, overbroad generalizations, selective quotations, and superficial descriptions of cases that misstate or ignore facts, language, rationales, and holdings that are inconsistent with his argument. The same flaws are apparent in Posner’s attempts to apply the Hand formula in his own judicial opinions. Neither he nor his like-minded colleague, Frank Easterbrook, has been able to employ the Hand formula to resolve the negligence issue in any case, and none of their fellow circuit judges has attempted to do so. (shrink)

The orthodox answer to my question is this: in a case of self-deception, the self acts to deceive itself. That is, the self is the author of its own deception. I want to explore an opposing idea here: that the self is rather the subject matter of the deception. That is, I want to explore the idea that self-deception is more concerned with the self’s deception about the self, than with the self’s deception by the self. The expression would thus (...) be semantically comparable to expressions like ‘self-knowledge’ (which involves knowledge about the self) rather than to expressions like ‘self-control’ (which involves control by the self).1 On this approach, what goes wrong, when we are self-deceived, is that we lack self-knowledge; or, more accurately, since one can lack knowledge without falling into error, what goes wrong is that we have false beliefs about ourselves. Not any kind of false belief about oneself; I am not self-deceived when I mistake my shoe size. Rather, self-deception requires false beliefs about the kind of subject matter that, were one to get it right, would constitute self-knowledge. It is an interesting fact about current English that, though we talk freely of self-knowledge, we have no common term to designate its absence. Seventeenth century writers talked of self-ignorance; but the term has fallen from use. I suggest that ‘self-deception’ is the nearest we have. (shrink)

This paper attempts to address the question what logical strength theories of truth have by considering such questions as: If you take a theory T and add a theory of truth to it, how strong is the resulting theory, as compared to T? It turns out that, in a wide range of cases, we can get some nice answers to this question, but only if we work in a framework that is somewhat different from those usually employed in discussions of (...) axiomatic theories of truth. These results are then used to address a range of philosophical questions connected with truth, such as what Tarski meant by "essential richness" and the so-called conservativeness argument against deflationism. -/- This draft dates from about 2009, with some significant updates having been made around 2011. Around then, however, I decided that the paper was becoming unmanageable and that I was trying to do too many things in it. I have therefore exploded the paper into several pieces, which will be published separately. These include "Disquotationalism and the Compositional Principles", "The Logical Strength of Compositional Principles", "Consistency and the Theory of Truth", and "What Is Essential Richness?" You should probably read those instead, since this draft remains a bit of a mess. Terminology and notation are inconsistent, and some of the proofs aren't quite right. So, caveat lector. I make it public only because it has been cited in a few places now. (shrink)

Following hints in the writings of Isaiah Berlin, some political theorists hold that the thesis of value pluralism is true and that this truth provides support for political liberalism of a sort that prescribes wide guarantees of individual liberty.1 There are many different goods, and they are incommensurable. Hence, people should be left free to live their own lives as they choose so long as they don’t harm others in certain ways. In a free society there is a strong presumption (...) in favor of letting individuals act as they choose without interference by others. William A. Galston has developed this argument with exemplary clarity.2 He is wrong. The idea that value incommensurability is a reason for toleration of diverse ways of life and protection of the individual’s freedom to choose among diverse ways of life is a mistake. In his paper for this volume, What Value Pluralism Means for Legal Constitutional Orders, Galston undertakes to resolve a further problem, namely, whether the presumption in favor of individual liberty that value pluralism establishes can be kept within bounds. In his words, “Within the pluralist framework, how is the basis for a viable political community to be secured?”3 On one construal of these words, Galston is seeking the solution to a non-problem. Value pluralism does not establish any normative presumption in favor of liberty, so the worry “does this presumption hold without limit” or, “are there good reasons that constrain it at some point”, is otiose. On another construal, Galston is addressing a different question: if most of the members of society came to believe that given value pluralism, they ought to be left free to live according to their own conception of values, then would a “decently ordered public life” be impossible to sustain?4 On the second construal, the issue being posed is a genuine empirical question, which philosophical arguments cannot answer. (shrink)

Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions - like freedom of religion, same-sex marriage, affirmative action and abortion - into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions (...) of moral pluralism. His defense of judicial review is predicated on the imperative of ensuring that the reasons that the state offers on behalf of its most important laws are consistent with the freedom and equality of all persons. Den Otter ties this defense to a theory of constitutional adjudication based on John Rawls's idea of public reason and argues that a law that is not sufficiently publicly justified is unconstitutional, thus addressing when courts should invalidate laws and when they should uphold them even in the midst of reasonable disagreement about the correct outcome in particular constitutional controversies. (shrink)

Times of heightened risk to the physical safety of their citizens inevitably cause democracies to recalibrate their institutions and processes and to reinterpret existing legal norms, with greater emphasis on security, and less on individual liberty, than in "normal" times. This article explores the ways in which the American courts have responded to the tension between civil liberties and national security in times of crises. This history illustrates that courts have rejected both of the two polar positions that characterize (...) public discourse on these issues. Civil libertarians argue that political bodies are too easily gripped by passions, hysteria, and self-interest in these times and that courts therefore ought to play a central role in protecting liberty. Executive unilateralists argue that the qualities that uniquely characterize the executive branch, such as decisiveness, access to information, and efficiency, must become so dominant in these moments that few checks, if any, should constrain executive prerogatives. Oddly, civil libertarians and executive unilateralists find implicit consensus in the view that, in times of war, courts have tended not to play a significant role in overseeing executive power. We argue to the contrary: historically, a significant constitutional tradition of judicial scrutiny in the United States during times of war does exist. But this scrutiny does not take the form of courts making first-order substantive judgments about the content of liberty or other claimed constitutional rights. Nor does it take the form of judicial assessment of how significant or credible the national security claims of the executive branch might be. Instead, judicial oversight has been focused on preserving the institutional structures and processes through which decisionmaking on these issues takes place. The judicial role has centered on the second-order question of whether the right institutional processes have been used to make the decisions at issue, rather than on what the content of the underlying rights ought to be. This approach has historically rejected or resisted most claims of executive unilateralism. When courts have upheld the government's actions, they have done so only after a judgment that Congress, as well as the executive, has endorsed the action. This approach has also rejected the civil libertarian framework. When courts find bilateral institutional endorsement, they have typically accepted the joint political judgment of how liberty and security tradeoffs ought to be made. By focusing on congressional endorsement of emergency measures, the courts have created a broad-based political accountability for the actions taken in the name of national security. We suggest that even if congressional endorsement is more apparent than real in some of these contexts, the judicial maintenance of this structure of rhetorical justifications sustains desirable understandings of political structure. Because the President and Congress draw from different political constituencies in a presidential rather than a parliamentary system, we also raise questions about whether the American judicial approach to these questions should be limited to political systems with separated executive and legislative powers. (shrink)

In his “Thick and Thin. Moral argument at home and abroad” Michael Walzer tries to make a clear distinction between two different but interrelated kinds of moral arguments, a thin and universal morality and a thick and particular morality. As he describes it himself, they concern “a way of talking among ourselves, here at home, about the thickness of our own history and culture and a way of talking to people abroad, across different cultures, about the inner life we have (...) in common.” Contrary to many other philosophers, minimal morality is not a moral Esperanto that expresses no particularist meaning, but it has to be viewed as reiteratively particularist and locally significant. Minimal morality is intimately bound up with the maximal moralities of the different particularistic societies. According to Walzer, minimal morality is therefore nothing more than the sum of the reiterated features of these different thick moralities. It is the sum of all the values we happen to share with other societies. As a result, the universal moment in Walzer’s theory is not a moral moment, but a factual one. On the basis of a comparison with Rawls’s concept of a freestanding political conception of justice and Habermas’s discourse ethics, we want to show that Walzer hereby confuses the necessary distinction between ethical and moral questions, the distinction between an ethical and a moral employment of practical reason. Walzer tries to answer moral questions, especially the question of universal human rights, by giving an ethical answer. The result is a paradoxical attempt to justify the universal right not to be robbed of live and liberty on the basis of the traditions and histories of specific forms of life. As a consequence morality is robbed of its critical content and reduced to an empty appeal. (shrink)

The Lockean natural rights tradition—including its libertarian branch-- is a work in progress.1 Thirty years after the publication of Anarchy, State, and Utopia, Robert Nozick’s classic work of political theory is still regarded by academic philosophers as the authoritative statement of right-wing libertarian Lockeanism in the Ayn Rand mold.2 Despite the classic status of this great book, its tone is not at all magisterial, but improvisational, quirky, tentative, and exploratory. Its author has more questions than answers. On some central (...) foundational questions he refrains from taking a stand. There is spadework yet to be done on the project of developing the most plausible versions of Lockean and Lockean libertarian views. Prior to doing this work, and articulating the sensible alternatives and what can be said for and against them, we are not yet in a position reasonably to opt for any particular version of Lockean theory or for that matter to decide between the natural rights tradition and rival consequentialisms. This essay aims to explore hard and soft versions of Lockean theory. The exploration aims to persuade the reader to favor the soft versions. Section I formulates four claims (all asserted by Nozick) and provisionally identifies the Lockean libertarian view with these claims. Section II notes that although Nozick in his 1974 book made scant progress toward providing a justification of his particular doctrine of rights, compared to rivals, no rights theorist since then has made significant advances on that front, so Nozick’s achievement has not been superseded. Nozick’s view of rights as side constraints is rehearsed. Sections III and IV raise a question that Nozick first posed: Should rights be regarded as specifying ways individuals may not be treated, infringement of which is sometimes, or always, or never morally acceptable provided full compensation is paid to any victims? Hard libertarianism is defined as a version of Lockean libertarianism that replies “Never!” to this question along with offering strict interpretation and uncompromising affirmation of the four provisional claims detailed in Section I.. (shrink)

Claims to rights and negotiation about their shape are pervasive in our public and private culture. Rights consciousness is surely desirable and is part and parcel of the transition toward a more democratic world. In this essay I consider the proper placement of moral rights in moral theory. In a famous essay, "Taking Rights Seriously," Ronald Dworkin argues that if it is accepted that individuals have moral rights against their government, that implies serious constraints on the conduct of government (...) and the freedom of a political majority to enforce its wishes through law. I endorse the thesis that individuals have such moral rights and support taking rights seriously in Dworkin's sense. My focus is elsewhere. In this essay I shall argue that moral rights do not and should not figure in our fundamental moral principles; rights enter at the level of subordinate principles. In a very broad way, to take this stand is to side with utilitarians and consequentialists, who see rights as instruments for achieving other values, not moral goals in their own right. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Integrating Christ and the Saints into Buddhist Ritual:The Christian Homa of Yogi ChenRichard K. PayneConcern with dual belonging reflects the increasing religious pluralism of European and American societies. This pluralism has included both an increasing variety of religious traditions from outside the monotheistic mainstream of Abrahamic religions as well as new movements and sects within that mainstream. Awareness that religious pluralism is a reality and that many people have (...) come to see this pluralism as offering viable religious alternatives has fostered much reflection, both scholarly and popular. This increasing variety of religions present in Europe and America results from broader social trends. Discussion of these broader social trends, however, lies outside the scope of this essay, which is an examination of the utility of the concept of dual belonging for the sociology of religion.1Dual belonging (also known as double belonging, multiple religious belonging, and so on) becomes a specifically religious issue against the background of theological responses to the reality of religious pluralism. These theological responses include, first, the comparative theology of the nineteenth and early twentieth centuries, then theology of religions as developed in the middle to late twentieth century, and then the “new” comparative theology2 that has developed from the end of the twentieth into the present century.3 Another dimension that has influenced the discussion of dual belonging has been the efforts of Buddhist-Christian dialogue.4 The concern on the part of religious authorities, theologians, and, one should add, parents has been not just that “they” are now “here,” but that awareness of other religions also creates the opportunity for them to be actively embraced as viable alternatives to more familiar, mainstream religious traditions.5 While conversion has been one of the motivating concerns, another can perhaps be described as the fear of impurity. As Meredith B. McGuire has noted, in contrast to “the Western image of a religion as a unitary, organizationally defined, and relatively stable set of collective beliefs and practices” stands the reality that “extensive religious blending and within-group religious heterogeneity are the norm, rather than the exception.”6 This reality conflicts [End Page 37] with legitimating rhetorics of purity and authenticity, and constitutes a challenge to the authority of those who claim the right to define and defend what they hold as the pure and authentic.yogi chen and religiously hybrid practiceThe discourse regarding dual belonging has largely focused on Christians residing in the cultural West, where they are members of the dominant society and dominant religious culture, but who also identify with Buddhism.7 This reflects the predominant role played by theological concerns in the creation and application of the category of dual belonging. Thus it seems appropriate that Wendy Cadge has asked whether the concept and its cognates can be employed as a “descriptive term for understanding issues of religious globalization and their expression at the level of individual religious commitment.” In order to answer this question, the concept of dual belonging needs to be evaluated, testing whether it is applicable to those who are not members of the demographic that has largely been the subject of study so far. Here we reverse the lens to look at someone who is both not originally a Christian, but who integrates Christian symbolism into his practice, and not part of the dominant culture, an immigrant, a minority both socially and religiously. This instance allows us to examine the category for wider application than to those to whom it has been applied to date.8 Our test case will be a Chinese Buddhist teacher known as Yogi Chen.Yogi Chen (1906–1987) was a Chinese practitioner of esoteric Buddhism who immigrated to the United States in 1972 and practiced in the San Francisco Bay Area for the last decade and a half of his life. Like many modern Chinese teachers, he claimed to bring together all of the teachings and practices of the Theravada, Mahayana, and Vajrayana strains of Buddhism. In addition to practicing in retreat in Hunan, he also studied and practiced with the expatriate Tibetan community in India. During the final period of his life, as an immigrant in the United States, he... (shrink)

[originally written for Final Fantasy and Philosophy but I was not happy with editorial decisions and decided to let it remain unpublished] Everyone knows that moogles are disgustingly cute. I know people who would kill to be able to have one in real life, but could there really be moogles? Say, for instance, that archeologists discovered a species of animal in some remote land that completely resembled the chocobo in every way. Would that count as discovering that the beloved Final (...) Fantasy creatures were real? Even if we don’t make such a discovery are chocobos and moogles metaphysically possible? That is, can we coherently imagine a situation which would count as one which contained moogles? The answer to these questions depends, surprisingly, on what the meaning of ‘moogle’ and ‘chocobo’ is; or so many contemporary philosophers of language think. In particular one contemporary philosopher, Saul Kripke (1940- ), has argued that the answer to both of these questions is a resounding no. In order to understand why he thinks this and whether he is right we’ll have to begin by looking at the debate philosophers have had over the meaning of names. (shrink)

Simon Woods proposes that we ought to re-orientate clinical decisions at the end of life back towards the patient, so as to honour his or her account of their “global” interests. Woods condemns the current medico-legal approach for remaining too closely tethered to the views of doctors. In this response, I trace the story of Mrs Kelly Taylor, who sought to be sedated and have life-sustaining treatment withdrawn, and I do so in order to show not only why Woods (...) is right to detect an asymmetry in the law but also why there is more to the legal landscape than first appears. I argue that patient choice is indeed bounded—most obviously by the views of the doctors (and the judges), but no less significantly by so-called “public interest” concerns. Woods’ proposal implicitly, and rightly, forces reconsideration of these public interest dimensions of medico-legal decision-making. This often invisible boundary is not presently granted the attention it deserves (not least by the judges themselves). However, as soon as we delve into the ethical values at stake, then it becomes apparent that there are many more questions to be asked regarding their meaning and interaction before we can determine the appropriate ethical prism through which to view the health care endeavour in English medical law. (shrink)

This paper attempts to address the question of the ethical obligations of stockholders. Having presumed a rather narrow conception of the nature of property, and citing the limitations on stockholders rights and/or power, some have suggested that stockholders have no significant moral responsibilities. Others say that stockholders have moral responsibilities which they derive from the fact that the shareholders of a corporation are the legal owners of it. This article first of all, contests the view that stockholders have no (...) responsibilities regarding the moral or immoral activities of the corporation in which they invest. It will be maintained, however, that while stockholders have moral responsibilities to monitor corporate decisions and perhaps, to actively try to influence the corporation to act morally, such ethical obligations cannot be derived solely from the stockholders' legal ownership of the corporation. The true ground of the moral obligations of stockholders is a social/political one and one which embraces a broadened conception of the nature of property. (shrink)

1施莱尔玛赫 contribution to the development施莱尔玛赫for hermeneutics in the development of Historically hermeneutics In order to make a decisive turn when he made ​​the future "general hermeneutics" , hermeneutics will be applied to all text interpretation. When the traditional hermeneutics contains In order to understand, description and application,施莱尔玛赫the attention is hermeneutics as "the art of understanding." 施莱尔玛赫also introduced the interpretation of psychology, can penetrate the text by means of its author's individuality and flexibility soul. He wanted to become a systematic hermeneutics, (...) and criticism of previous hermeneutics is "the rules of the merger," and the lack of coherence. Wu Ning speaking, they deal with different issues is a combination of methods. 施莱尔玛赫hermeneutics points to avoid misunderstanding of the text. This part is up to the final discussion of施莱尔玛赫criticism of the United States. 2. Dilthey contribution to the philosophical hermeneutics of Dilthey on施莱尔玛赫In order to write the thesis, including In order to Protestant hermeneutics history, from the Reformation to the future as a second reference books. He was a learned scholar and has been on many topics regardless above. For our purposes, Dilthey is a philosopher with a passion for life, he was placed In order to humanities and social sciences and natural sciences in an established full equality of points, by the foundation on the hermeneutics In order to develop a basic methodology. But in the science competition, he was seeking "Allgemeingultigkeit", a universal validity, to do so In order to give him too much towards the foundation to the scientific methods of thought. He is still a major development of the character of philosophical hermeneutics. 3 Heidegger before and on philosophical hermeneutics, "and there is time" contribution to the development of philosophical hermeneutics is the decisive shift in Heidegger, born with the future, there are original philosopher The early works. He Freiburg Hu plugs Seoul assistant, and in the phenomenological Hu stopper Seoul In order to create a useful set up beyond the traditional methods of philosophy, but he is still too dependent on science Hu stopper Marco effectiveness. Part I: description of the evolution of the early Heidegger: "ontology - the fact of hermeneutics," the book published after the death of Heidegger was published in 1999, English translation, Heidegger in this series by the fact that the ontology of hermeneutics In order to give us a hermeneutic understanding of his meaning. In order to avoid the traditional hermeneutics of his meaning, In order to return to the ancient hope臘hermeneueinc and hermeneia idiom. He attempts to go beyond the limits of contemporary objects, through the period of return to the ancient hope臘general language idioms. Hermeneutic encounter with the interpretation of Homer's description of the mouth, publish, translate and interpret. His description of historical hermeneutics in the pull-down maps and sub ​​Lane Park after a groundbreaking Aristotle hope臘idioms in the loss of richness and decline. But the hermeneutics of Heidegger speaking the method is close to something, such as early speech hermeneutics In order to approach closer to the truth of it is understandable the former interpretation of this domain as there face life. For this last hermeneutics as the method of self-understanding, but in a letter to his students Engelbert Kerbs letter, Heidegger also emphasizes the history In order to recognize the character. Us from our understanding of historical context, our understanding of the structure is formed by shaping the concept of history and even our language. In Dilthey's hermeneutics, he also stressed that understanding the historical basis. From Dilthey to Heidegger this view. Heidegger in his speech defines hermeneutics as "the fact of participation, close, and descriptions of the same interrogation methods." Hermeneutics is the interpretation of not only understanding knowledge as a negative process, but active participation, interrogation and close. Fact of itself is interpreted, it is through understanding the questions and answers something. Heidegger back to the necessary conditions for our understanding of factors, understanding of "the former structure." He describes some part of the former, is awareness and understanding of nature, we understand something "to" something, and we understand it in a specific historical context. Further more, we expect to understand it in the presence of a sight, not a determining sexual arousal by the sight, by the basic problems of the future horizon, it is "the possibility of there," the sight, for there is a special special possible time horizon. These early works of Heidegger has been found there the possibility of meaning. We all都leadership to a new concept of the humanities. In addition, as a rational animal, as Aristotle said sub-Lane, who is of a future there may not be included, including the timing of there. People are looking to understand their own there. Instructions to Heidegger, hermeneutics offers a new concept for the person's point of view. Part II: there and time hermeneutics is first mentioned in the "there and the time," Section VII, Heidegger phenomenology has been interpreted as if it is. In order that he found "the meaning of phenomenological description as a way to rely on hermeneutics, phenomenology of this and some of the logos have hermeneuein the characteristics of this phenomenology is to use some basic meaning of the word hermeneutics, it indicates the work In order to interpret . "In the second sense, Heidegger found in hermeneutics裡are there for the meaning of this method of exposing the shield. The third meaning is the interpretation of this promising continuous manner so that its future is possible, it's future there. Section 31 of hermeneutics is important, because there is some understanding that is. Understanding the process is the center of human existence, in Section 32 entitled "interpretation and understanding," understanding the interpretation built on. Visit the world around it and understand things as this or that, always never as pure consciousness. As Heidegger said, "always had to watch as the ability to understand and interpret", in other words, there is no precedence in the interpretation of pure consciousness, there is always ask questions and interpretation of the visual field. Section 44, regardless Heidegger also true about management, in its modern form as a true statement, is always carried a deeper understanding and interpretation of the export process. But the really right is defined as the management there has been an associate of knot, so it access to basic ontology of sight. It is obvious that there's open, this hole is to guide him toward the police point of view of the artistic part of the next lecture will be discussed. This lecture primarily presents the two early works of Heidegger in which hermeneutics plays a definitive role. As background, the contributions of Schleiermacher and Dilthey are presented briefly before going into Heidegger's contribution. Ⅰ. Schleiermacher's Contribution to the Development of a Philosophical Hermeneutics Schleiermacher made a decisive turn in the history of hermeneutics when he proposed a "Universal Hermeneutics," a hermeneutics that would apply to all kinds of text interpretation. While traditional hermeneutics included moments of understanding, explication and application, Schleiermacher focused on hermeneutics as the "art of understanding . "Schleiermacher also introduced psychological interpretation whereby one tried to penetrate the individuality and soul of the author of a text. He wanted hermeneutics to be systematic, and he criticized previous hermeneutics for being only an" amalgam of rules "and lacking systematic coherence. Rather , they were methods for dealing with an array of different kinds of problems. Schleiermacher's hermeneutics was directed at avoiding misunderstanding of the text. At the end of this section Gadamer's criticisms of Schleiermacher will be discussed. Ⅱ. Dilthey's Contribution to Philosophical Hermeneutics Dilthey wrote his dissertation on Schleiermacher and included a history of Protestant hermeneutics since the Reformation as a second companion volume. He was a broadly educated professor and wrote on many topics. For our purposes, Dilthey was a life-philosopher with a passion for placing the Humanities and Social Sciences on an equal footing with the Natural Sciences by developing a basic methodology for them based on hermeneutics. But in competing with the sciences, he sought an "Allgemeingultigkeit," a universal validity, and in doing so he tended to give too much ground to the way of thinking in the sciences. Still, he is a major figure in the development of philosophical hermeneutics. Ⅲ. The Contribution of Martin Heidegger to Philosophical Hermeneutics before and in Being and Time The decisive turn in the development of a philosophical hermeneutics came in the early writings of Martin Heidegger, a radical and original philosopher. He was in Freiburg an assistant to Husserl and found in Husserl's phenomenology a useful way of overcoming traditional philosophy, but he still found Husserl too preoccupied with scientific validity. Part Ⅰ: Heidegger's Early Lectures: Ontology-the Hermeneutics of Facticity A posthumously published and translated set of Heidegger's lectures on ontology in terms of a hermeneutics of facticity gives us a sense of his understanding of hermeneutics. He bypassed the traditional sense of hermeneutics and went back to the Greek usage of hermeneuein and hermeneia. He attempted to overcome the limitations of modern objectivity by returning to the usages current in ordinary language in ancient Greece. There hermeneutics meant orally interpreting Homer, announcing, translating, and explaining. His account of the history of hermeneutics after Plato and Aristotle is a history of decline and loss of the richness found in Greek usage. But hermeneutics for Heidegger meant a means of access to something, and in these early lectures hermeneutics became an interpretive means of access to facticity, to the realm of pre-interpretive understanding as Dasein faces life. Ultimately hermeneutics became a means for the self-understanding for Dasein. But in a letter to his student, Engelbert Krebs, Heidegger also emphasizes the historical character of cognition. We understand from our situation in history, and our understanding is structured by historically shaped concepts and even our language. Dilthey, too, emphasized the historical matrix for understanding in his hermeneutics, and Heidegger took this up from Dilthey. Heidegger defined hermeneutics in the opening lines of the lectures as "the unified manner of the engaging, approaching, accessing, interrogating, and explication of facticity." Hermeneutics as interpretation is not just understanding as a passive process of cognition but an active engaging, interrogating, and accessing. Facticity itself is interpretive in that it sees what something is through question and answer. Heidegger is stepping back into the factors that precondition our understanding, the "forestructure" of understanding. This forehaving, he says, belongs to the very nature of knowing and understanding. We see something "as "something, and we see it in a specific historical situation. Furthermore, we see it in an existential horizon of expectation, a horizon haunted by uncertainty, by the" fundamental questionability of the future, that is of "possible being," of what is possible for this particular being at this particular time and place. Already in these early works Heidegger finds in the sense of what is possible being, a sense of "ontic questionability, care, restlessness, anxiety, temporality." All of this leads to a new conception of humanity. Instead of being an animal endowed with reason, as in Aristotle, a human being is a being with a possible future, a being with temporality. Humans are beings seeking to know themselves. Hermeneutics, Heidegger says, offers the standpoint for a new conception of the human being. Part Ⅱ: Being and Time The first mention of hermeneutics is in section 7 of Being and Time, where Heidegger is already interpreting phenomenology as letting what is show itself. He finds that " the meaning of phenomenological description as a method lies in interpretation. The logos of the phenomenology of Dasein has the character of hermēneúein. The phenomenology of Dasein is a hermeneutic in the original signification of the word, where it designates the work of interpreting. "In a second sense, Heidegger finds in hermeneutics a means of uncovering the meaning of being for Dasein. And the third sense is the interpretation Dasein as continually making its future possibilities, its future being. Section 31 is important to hermeneutics because there the being of Dasein is said to be understanding. Understanding is the central process of an existing human being. In section 32, titled "Understanding and Interpretation," interpretation builds on understanding. It looks around at the surrounding world and sees things as this or that, always already , never as pure perception. As Heidegger puts it, "The seeing of this sight is always already understanding and interpreting." In other words, there is no pure perception prior to interpretation; there is always the horizon of questioning and interpreting. In section 44, Heidegger argues that truth, too, in its modern forms as statements which are true, is derivative from the deeper processes of understanding and interpreting that are always already going on. But when truth is rightfully defined in connection with being, then it moves into the horizon of fundamental ontology. It is the disclosure of being. This insight is part of what leads him to his view of art, which we will discuss in the next lectur. (shrink)

In order to introduce the text description of this class will show seven keywords, they represent In order to understand the general process for the seven. Need to mention is that the author published in Chinese script - title "Gadamer's philosophy of the seven key" - and this content is not the same. In fact, only one in that the use of key words in this speech mentioned the four key words will be used the next article. 1 Linguistics as (...) high as the United States in the "real management and methods," a book in the last third of the contents of the specified language is "the universal medium of interpretation of experience." It is in this medium, things are understood, understanding and interpretation to occur. It is the fundamental and the first thing on a switch, it makes things possible, without it, understanding must not occur. It is in this medium, the real management there, although in terms of the real incidence of management and is not limited to this medium. Sprachlichkeit is up to the universal language of the United States to name the first of of a proper noun. history of as language, history is a popular media, and history is also rising to become "a hermeneutical principle." To understand history, which must be traced back to Heidegger, "and there is time," the first six parts, entitled "Timing and historical nature." This title has been out of correct revelation, history is the study of this structure there is some a result of this there is the same as in the past and the present one there, it was possible there through his plans and will itself which extend to the future. Dilthey on Heidegger benefit of this term and its historical significance, but that裡Dilthey, the basic processes of life, and in Heidegger, the basic process is still alive there in the past and future Among the visual field. It is a learning process rather than the life there is a process, there is a process rather than the life philosophy of life regardless of the process. Dilthey and Gadamer and Heidegger places of historical analysis for the premise. 3 by the historical role of awareness up to the United States, this keyword has not appeared in from Schleiermacher, Dilthey, or Heidegger that裡. But Heidegger once spoke to the author, the concept represented by the word directly from Dilthey and future. Indeed, the word and the "fusion of" two persons都benefit from Hegel and Dilthey, Heidegger than In order to impact. At the same time, for the resumption of encounter with the text of the history of this effort directly, the recall In order to Heidegger and Qike fruit. Up to the United States shows that it is essential that "the existence of the structure." That is to say, it is usually associated with the text coming from a tradition, crushed In order to present before the sight. 4 hermeneutics into the cycle and see in understanding the structure and the first cycle between hermeneutics, there is a close link. Hermeneutics and the cycle regardless of such a concept, not only from a part of the overall future understanding, understanding from the part of the overall future. This is a logical contradiction, but it depicts In order to understand the kind of work does not have the way to recovery. This is to see What are the relationship? Up with the United States use this word in the former understanding of the meaning of a person he can understand any part of the text and context before, must have a pre-understanding. When Schleiermacher hermeneutics for the cycle to take a more formalistic point of view, he also participate in an objective and subjective look for. In order to reject the United States is up for the subjective, and he describes, in understanding the text, our understanding of a person but a different meaning, and this sense of ownership in a situation with a theme of the event . Heidegger the hermeneutic circle and put the world on their own understanding of the context in which the world is time and the existence of the world, in order to In order to reinvent the meaning of hermeneutic circle. It exists in the time being and is expected to forward to the future, it is a person exists in the world of all possibilities of a personal meaning. Gadamer Heidegger and then one more step beyond, he is defined as the cycle of hermeneutics and the interpretation of the traditional sports were a correlation between the movement. Heidegger's masterpiece裡tradition and not important, but those for the traditional and the interpretation of the relationship between text, up to the U.S. In order to play an important role in the analysis. Up to the United States, brought into the discussion In order to "complete expectation" that the key concept, it is subject to the historical role of awareness of the operation of the core. In this part of the contents of the directory for the present review is to show to some of the major associated. 5 authority and tradition up to the United States on the authority of the traditional view is that from his understanding and the hermeneutic circle before the concept developed in the future. Enlightenment for the suspect an effort made ​​to switch the authority of the United States to see coming up is one-sided, because the authority is naturally found in the leading field in a PhD, the referee, professors and experts. Recognize these people for a topic you know even in the natural and appropriate. So regardless of up to his brother's wife is not a legitimate authority and legitimate authority, and authority as a concept to see the future is appropriate. Similarly, our traditional understanding among the living, and we should explore a more deeper with our traditional relationship. Traditional German text is Űberlieferung, incurs passed along . Once again, as a fair decision without dialogue and is not legal to see, up to the United States against this anti-traditional views of the Enlightenment. 6 Depending on the domain of integration sight philosophy of integration is another sign up to the United States is not to find elsewhere. Basically, the text of the encounter with a sight In order to involve the integration of text and interpreter of the visual field of sight. And a man's own awareness is a fusion of traditional with the product. "That is convenient to get a sight of their own, but also requires a fusion of traditional with." In order for each dialogue also involves a fusion of sight. It is a wildcard description of the terminology. 7 Dialogue dialogue leading up to the U.S. interpretation of the theme of philosophy, relying on a life of his ideal, he as such a show of openness. Schleiermacher as high as the United States in general, is a talented rapper. However, the need for a fruitful dialogue open to others point of view, and the need to recognize that he or she may be right. In a true dialogue, both sides都want to talk more close to the truth regardless of management topics, which are more important than winning. Finally, the dialogue is a basic hermeneutical tool, a means to understand, so we coming close to the theme of the issue, but ready to change our point of view. An introductory section explains that the lecture will present seven key terms, representing seven aspects of the universal process of understanding. It is noted that a published lecture in Chinese by this author under the title "Seven Key Terms in the Philosophy of Hans-Georg Gadamer "is not the same as this, and indeed only one of the terms in that lecture is used in this one, although four of them are used in tomorrow's lecture. An introductory section explains that the lecture will present seven key terms, representing seven aspects of the universal process of understanding. It is noted that a published lecture in Chinese by this author under the title "Seven Key Terms in the Philosophy of Hans-Georg Gadamer" is not the same as this, and indeed only one of the terms in that lecture is used in this one, although four of them are used in tomorrow's lecture. 1. Sprachlichkeit-Linguisticality As Gadamer notes in the final third of Truth and Method, language is the "universal medium of hermeneutical experience." It is the medium in which things are understood, the medium in which understanding and interpretation take place. It is fundamental and prior to everything. It makes things possible, and without it understanding cannot take place at all. It is the medium in which truth happens, although there is more than this to the happening of truth. Sprachlichkeit is the term Gadamer uses to name the "universal priority" of language. 2. Geschichtlichkeit-Historicity Like language, history is a universal medium, and historicity is raised to the status of "a hermeneutical principle. "To understand historicity, one has to go back to the six sections of Heidegger's Being and Time that carry the heading" Temporality and Historicity. "Already this title correctly suggests that historicity is a consequence of the ontological structure of Dasein as a being that lives with a past and a present, and also extends itself into the future through projecting possible being. Heidegger is indebted to Dilthey for the term and sense of historicity, but in Dilthey the basic process is life, whereas in Heidegger, the basic process is being-in-the-world in horizons of past and future. It is an ontological process rather than a life process, a process of being rather than the vitalism of life in life-philosophy. Gadamer presupposes Dilthey's and Heidegger's analysis of Geschichtlichkeit . 3. das wirkungsgeschichtliche Bewusstsein-the Historically Effected Consciousness This is a key term in Gadamer that does not appear in Schleiermacher, Dilthey, or Heidegger. Heidegger once remarked to the author that the idea that this term represents is straight out of Dilthey. Certainly it and the "fusion of horizons" are more indebted to Hegel and Dilthey than to Heidegger. At the same time, the effort to restore the historical immediacy of encounter with a text recalls Heidegger and Kierkegaard. Gadamer argues that the essence of it is " the structure of experience. "That is to say, it shatters the present horizon, usually with a text from tradition. 4. Hermeneutische Zirkel and Vorurteil-Prejudice and the Hermeneutical Circle There is an intimate connection between the fore-structure of understanding and the hermeneutical circle. The hermeneutical circle refers to the idea that one understands the part from the whole, but also the whole from the parts. This is a logical contradiction, but it describes the back and forth way that understanding works. What has this to do with prejudices ? Gadamer uses this word as synonymous with pre-understanding, and one has to have a prior understanding before one can understand any part of a text or situation. While Schleiermacher took a more formalistic view of the hermeneutical circle, he also looked at the objective and subjective sides. Gadamer rejects the subjective side and explains that in understanding a text we are not understanding a person but a meaning that resides in a situation and a subject-matter. Heidegger revolutionized the meaning of the hermeneutical circle by placing it in the context of an understanding of self and world that is temporal and existential. It exists in time and anticipates a future, and it is the personal sense of one's possibilities for being in the world. Gadamer took a step beyond Heidegger by defining the hermeneutical circle as the interplay between the movement of tradition and that of the interpreter. Tradition plays little role in Heidegger's masterwork, but it and the interpreter's relation to the text loom large in Gadamer's analysis. The discussion brings in the key concept in Gadamer of the "anticipation of completion" which is central to the working of historically effected consciousness. A review of the table of contents for the section is presented to show some of the major relationships. 5. Autorität und Tradition-Authority and Tradition Gadamer's views with regard to authority and tradition grow out of his concepts of preunderstanding and the hermeneutical circle. The effort by the Enlightenment to discredit all authority seemed one-sided to Gadamer because authority is naturally accorded to doctors, judges, professors, and other experts in a field. To acknowledge that they know more about a subject than you do is natural and appropriate. So Gadamer speaks of legitimate authority and illegitimate authority, but authority as a concept seems appropriate. Likewise, tradition inhabits our understanding, and we should seek an ever deeper relationship to our tradition. The German word for tradition is Űberlieferung, that which is handed down. Again, Gadamer takes up arms against the Enlightenment prejudice against tradition as illegitimate without dialogue or a fair trial. 6. Horizontverschmelzung-Fusion of Horizons The "fusion of horizons "is another trademark of Gadamerian philosophy. It is not found elsewhere. Basically, the encounter with the text involves a fusion of horizons, that of the text and that of the interpreter. Also one's own consciousness is a product of a fusion of horizons with the tradition. "Even to acquire one's own horizon requires a fusion of horizons with the tradition." Every conversation, too, involves a fusion of horizons. It is an all-purpose term. 7. Conversation Conversation is a leitmotif of Gadamer's hermeneutical philosophy, an ideal he lived by, an openness he exemplified. Schleiermacher was a gifted conversationalist, as was Gadamer. But a fruitful conversation requires openness to the viewpoint of the other person, and the acknowledgement that he or she could be right. In a true conversation both partners want to come closer to the truth about a matter, and that is more important than winning. Ultimately, conversation is a basic hermeneutical tool, a means of reaching understanding, so we approach a subject with questions, but ready to change our point of view. (shrink)

Medieval theologians may not have agonized over how many angels can dance on the head of a pin—though the question does arise in the anonymous mystical dialogue Schwester Katrei—but on other matters angels provoked them to endless speculation. How many are there? Perhaps 34,720,000,000, but that was not the only calculation. Without bodies, how do they speak or sing? Do they have names, or even personal identities? How and why and when did some of them rebel? How do they flit (...) back and forth between praising God in heaven and tending to people on earth? The Bible says much about angels, but they remain abstract and good to speculate about. They are ranked in a hierarchy of orders, but the theologians have different ways of organizing them. James Collins used to say that angels, rational beings like us, show what we would be without our bodies. Even disembodied, however, we would be less mysterious to ourselves than angels are. Saints, being less abstract than angels, lend themselves far more to storytelling—which is precisely what Weinberger does when he shifts from angels to saints. Having guided the reader through issue after speculative issue in the field of angelology, he tells story after story from the treasure trove of hagiography. Are there no issues to be explored? Might the reader be interested in the tug-of-war between action and contemplation, or the role of conversion and penitence, or the gender dynamics of sainthood, or for that matter the tendency of saints to wrestle with demons, bidden or unbidden? Saints are paradoxically both imitable and utterly beyond imitation: they feed the hungry, but they also (some of them) levitate, or starve themselves to death, or produce fire from their fingertips. Unlike angels, they are firmly grounded in history, which means they change over time: modern saints differ from ancient ones, at least in context. Weinberger gives ample material for reflection about saints—at one point, a catalog of ten Hyacinths and a Hyacintha. In approaching the angels, he gives questions with multiple answers; in dealing with saints, he gives answers and leaves it for us to ask the right questions. (shrink)

It is an open question whether we ever successfully explain earlier states by appealing to later ones, and, further, whether this is even possible. Typically, these two questions are answered in the same way: if we give and accept ‘backwards explanations,’ they must be possible; if they are impossible, we are right to reject them. I argue that backwards explanations are brittle—they fail if the future event does not occur—and this is part of the reason they are not accepted (...) about the actual world. This does not mean, however, that they must be rejected entirely. I argue that backwards explanations are possible for certain systems. This shields unificationism about scientific explanation from some recent criticisms. (shrink)

Whether dealing with contracts, tort actions, or government regulations, lawyers are more likely to be successful if they are conversant in economics. Economics for Lawyers provides the essential tools to understand the economic basis of law. Through rigorous analysis illustrated with simple graphs and a wide range of legal examples, Richard Ippolito focuses on a few key concepts and shows how they play out in numerous applications. There are everyday problems: What is the social cost of legislation enforcing (...) below-market prices, minimum wages, milk regulation, and noncompetitive pricing? Why are matinee movies cheaper than nighttime showings? And then there are broader questions: What is the patent system's role in the market for intellectual property rights? How does one think about externalities like airport noise? Is the free market, a regulated solution, or tort law the best way to deliver the "efficient amount of harm" in the workplace? What is the best approach to the question of economic compensation due to a person falsely imprisoned? Along the way, readers learn what economists mean when they talk about sorting, signaling, reputational assets, lemons markets, moral hazard, and adverse selection. They will learn a new vocabulary and a whole new way of thinking about the world they live in, and will be more productive in their professions. (shrink)

John Donne's song was hardly written in the tradition of political philosophy, but it has a good deal to say about the theme of luck, both good and bad, which I want to address. There is no doubt but that bad luck has bad consequences for the persons who suffer from it. If there were a costless way in which the consequences of bad luck could be spread across everyone in society at large, without increasing the risk of its occurrence, (...) then most of us would pronounce ourselves better off for the change. In this sense it can be said, for example, that there is a utilitarian grounding for a moral obligation to care and provide for those persons who suffer the fortunes of bad luck. For the sake of argument I do not wish to contest this particular starting point, although there are many who would. Instead, I want to ask the question of whether this moral obligation should be converted into a legal obligation, backed by public force. The dominant answer to that question today is yes. Even those who think that markets should determine decisions on production find that the state has a proper role to reduce the adverse consequences of bad luck. My cast of mind is more skeptical. In life, or, in this instance, politics, “come bad chance, and we do join to it our strength.” In general the effort to use coercion to counter the adverse effects of luck tends only to make matters worse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Somatic Knowledge and Qualitative Reasoning:From Theory to PracticeRichard Siegesmund"Elliot Eisner is a writer to be reckoned with" is how my undergraduate student, Cheyenne, opened her final essay on The Arts and the Creation of Mind. After a semester of using his text in my art education methods class, reckoned seemed an apt word. The dictionary gives the definitions of reckoned as to settle accounts, make calculation, judge, and take (...) into consideration.1 The ideas in The Arts and the Creation of Mind are challenging on multiple levels, and Eisner does not provide any easy answers. There are no pithy how-to-do-it bullet points in the text. The issues he addresses are complex: nonlinguistic meaning, somatic knowledge, qualitative reasoning, the arts as habits of mind that guide experience and inquiry into the world — just to name a few. Nevertheless, in this text he brings these ideas into a format that is accessible to undergraduates entering the profession of teaching and experienced professionals, who wish to reflect on their own practice.The lucidity of Eisner's text can belie the complexity of the issues he addresses. Regrettably, some students only saw the outer shell of the content: the discussion of conceptual approaches to arts education or the delineation of the developmental stages of children's drawing. Yet for these aspects alone, they considered the text to be valuable; however, I was disappointed that they did not go deeper. Some just could not synthesize the big point: that the arts are not simply about mastery of technical skills, but that technical skills are merely a gateway into non-linguistic thinking. Educational objectives that are limited to content and skills are mundane.However, for more thoughtful and reflective students like Cheyenne, who was in her last semester of course work before student teaching in Guadalajara, the book was an inspiration. It provided a more robust conception of arts education that spoke to her feelings that compelled her to be a teacher. She reflected on what she read in The Arts and the Creation of Mind, and saw how an arts educator was more than an activities manager. She discovered she was embarking on a calling that could change minds — and [End Page 80] by changing minds, transform lives. For a young idealist, Eisner articulated her passion to serve. He said what up until that moment she had only felt. She discovered what she had previously sensed — known in her bones — but had not articulated. Eisner was a voice she wanted to take for her own. He provided a vision of the teacher she hoped to be. Indeed, Elliot Eisner is a writer to be reckoned with.Two ideas that my art students want to discuss when they first encounter The Arts and the Creation of Mind are the concepts of somatic knowing and qualitative reasoning. Somatic knowledge is a felt reaction of rightness within an experience. Qualitative reasoning is the ordering of relationships of qualities. Qualitative reasoning produces somatic knowledge. Using my students' questions and classroom discussions as inspiration, I want to explore these ideas for I believe they represent the essence of what is distinctive about learning in the arts. Furthermore, I share Eisner's belief that they provide the foundation on which to make an enduring case for the importance of the arts in education. These ideas reside at the heart of the process of education, which is, as he states, "learning to create ourselves."2It is immensely satisfying as a teacher to see the ah-ha moments in class discussion when students begin to integrate Eisner's ideas into their own experience. It is an even greater satisfaction to work with teachers who find these ideas illuminating for their educational aims and objectives and to see them played out in real classrooms where students flourish. In this essay, I want to try to build on my own experience with these moments to more deeply explore the significance of Eisner's work.To begin, I will briefly revisit the work of John Dewey. I will then discuss how Eisner's previous thinking sets a foundation for The Arts and the Creation of Mind. Finally, on a... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Somatic Knowledge and Qualitative Reasoning:From Theory to PracticeRichard Siegesmund"Elliot Eisner is a writer to be reckoned with" is how my undergraduate student, Cheyenne, opened her final essay on The Arts and the Creation of Mind. After a semester of using his text in my art education methods class, reckoned seemed an apt word. The dictionary gives the definitions of reckoned as to settle accounts, make calculation, judge, and take (...) into consideration.1 The ideas in The Arts and the Creation of Mind are challenging on multiple levels, and Eisner does not provide any easy answers. There are no pithy how-to-do-it bullet points in the text. The issues he addresses are complex: nonlinguistic meaning, somatic knowledge, qualitative reasoning, the arts as habits of mind that guide experience and inquiry into the world — just to name a few. Nevertheless, in this text he brings these ideas into a format that is accessible to undergraduates entering the profession of teaching and experienced professionals, who wish to reflect on their own practice.The lucidity of Eisner's text can belie the complexity of the issues he addresses. Regrettably, some students only saw the outer shell of the content: the discussion of conceptual approaches to arts education or the delineation of the developmental stages of children's drawing. Yet for these aspects alone, they considered the text to be valuable; however, I was disappointed that they did not go deeper. Some just could not synthesize the big point: that the arts are not simply about mastery of technical skills, but that technical skills are merely a gateway into non-linguistic thinking. Educational objectives that are limited to content and skills are mundane.However, for more thoughtful and reflective students like Cheyenne, who was in her last semester of course work before student teaching in Guadalajara, the book was an inspiration. It provided a more robust conception of arts education that spoke to her feelings that compelled her to be a teacher. She reflected on what she read in The Arts and the Creation of Mind, and saw how an arts educator was more than an activities manager. She discovered she was embarking on a calling that could change minds — and [End Page 80] by changing minds, transform lives. For a young idealist, Eisner articulated her passion to serve. He said what up until that moment she had only felt. She discovered what she had previously sensed — known in her bones — but had not articulated. Eisner was a voice she wanted to take for her own. He provided a vision of the teacher she hoped to be. Indeed, Elliot Eisner is a writer to be reckoned with.Two ideas that my art students want to discuss when they first encounter The Arts and the Creation of Mind are the concepts of somatic knowing and qualitative reasoning. Somatic knowledge is a felt reaction of rightness within an experience. Qualitative reasoning is the ordering of relationships of qualities. Qualitative reasoning produces somatic knowledge. Using my students' questions and classroom discussions as inspiration, I want to explore these ideas for I believe they represent the essence of what is distinctive about learning in the arts. Furthermore, I share Eisner's belief that they provide the foundation on which to make an enduring case for the importance of the arts in education. These ideas reside at the heart of the process of education, which is, as he states, "learning to create ourselves."2It is immensely satisfying as a teacher to see the ah-ha moments in class discussion when students begin to integrate Eisner's ideas into their own experience. It is an even greater satisfaction to work with teachers who find these ideas illuminating for their educational aims and objectives and to see them played out in real classrooms where students flourish. In this essay, I want to try to build on my own experience with these moments to more deeply explore the significance of Eisner's work.To begin, I will briefly revisit the work of John Dewey. I will then discuss how Eisner's previous thinking sets a foundation for The Arts and the Creation of Mind. Finally, on a... (shrink)

Contemporary theories of justice frequently suppose that a legitimate state does not coerce people to comply with values or principles that they could reasonably reject. This ideal of legitimacy is thought to imply neutrality on the good: The State should not coerce people to comply with controversial conceptions of the good (which people could reasonably reject). As Ronald Dworkin puts the point, the government's policies should “be neutral on the question of the good life, or of what gives value (...) to life." Liberal neutrality is sometimes described as a generalization of policies of religious tolerance: Just as the state should be neutral with respect to religious questions, so too the state should be neutral with respect to questions about the good life.". (shrink)

John Donne's song was hardly written in the tradition of political philosophy, but it has a good deal to say about the theme of luck, both good and bad, which I want to address. There is no doubt but that bad luck has bad consequences for the persons who suffer from it. If there were a costless way in which the consequences of bad luck could be spread across everyone in society at large, without increasing the risk of its occurrence, (...) then most of us would pronounce ourselves better off for the change. In this sense it can be said, for example, that there is a utilitarian grounding for a moral obligation to care and provide for those persons who suffer the fortunes of bad luck. For the sake of argument I do not wish to contest this particular starting point, although there are many who would. Instead, I want to ask the question of whether this moral obligation should be converted into a legal obligation, backed by public force. The dominant answer to that question today is yes. Even those who think that markets should determine decisions on production find that the state has a proper role to reduce the adverse consequences of bad luck. My cast of mind is more skeptical. In life, or, in this instance, politics, “come bad chance, and we do join to it our strength.” In general the effort to use coercion to counter the adverse effects of luck tends only to make matters worse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Richard Eldridge ON KNOWING HOW TO LIVE: COLERIDGE'S "FROST AT MIDNIGHT" How ought human beings to live? It is both hard to ignore this question and hard to see how to go about answering it rationally. Moral philosophers have typically presented their works as deserving serious attention because they have supposed them to contain well-argued answers to this question. One very general way of describing the strategy of (...) moral philosophers is to say that they have begun by attempting to specify precisely the sense of "ought" as it is used in this question. Thus "ought" has alternately been taken to mean such things as "would it be profitable for," "in society is it necessary for," "it is typical of ideal," and "would it be rational for." In concert, moral philosophy has alternately been conceived of as a part of a theory of happiness, a theory of civil society, a theory of perfection, or a theory of rationality. But which, if any, of these ways of doing moral philosophy is the correct one? The very proliferation of approaches and answers to the question of how human beings ought to live encourages a kind of despair about whether any rules of conduct can be rationally justified for people in general. Noticing this proliferation, philosophers of a skeptical cast of mind have denied that any rules about how human beings ought to live can be rationally defended. AU putative rational defenses of such rules, so it has been claimed, amount to nothing more than pieces of cant and dogma. Reflecting this intuition, "moralistic" has come sometimes to mean "priggishly preachy." Thus Richard Rorty has observed that "the attempt to answer... the moral agent's request for justifications [of answers to such questions as "What ought we to do with ourselves?" and "How ought we to live?"] with descriptions of a privileged domain [wherein such justifications can be discovered] is the philosopher's special form of bad faith — his special way of substituting pseudo-cognition for morad choice."1 Moral philosophers, or those who would attempt rationally to defend rules about how to live, so Rorty would apparently have it, talk not good scientific sense auid not liberating or entertaining poetic nonsense, but pure humbug. (Rorty adds that "the positivists were absolutely right in thinking it imperative to 213 214Philosophy and Literature extirpate metaphysics, when 'metaphysics' means die attempt to give knowledge of what science cannot know.") We are urged to take a pragmatic attitude toward moral rules. AU diere is to know about rules about how to live is that sometimes some people have made them up and found them useful, not that any of diem have any deeper rational basis. "[T]he claim that the customs of a given society are 'grounded in nature' is not one which [the pragmatist] knows how to argue about. He is a pragmatist because he catnnot see what it would be like for a custom to be so grounded."2 Rorty does not claim that naturalistic talk or the talk of what he calls "atoms-in-the-void science" is die only sensible kind of talk. The remarks of sociologists, psychoanalysts, critics, and so forth are not senseless, according to Rorty. But he does hold diat traditional philosophical talk of knowing morad rules through reflection or reasoning is senseless. The reason for diis is diat no one has ever succeeded in giving "ought" a clear sense in such a way that amy claims of the form "human beings ought to do *" can be rationally justified to everyone. Failing to possess incontrovertibly sound demonstrative arguments for claims diat all human beings ought to adopt certain rules of conduct and failing to possess a mediod, or even a glimmer of a mediod, for constructing such arguments, it may well seem difficult not to feel compelled to adopt Rorty's skeptical attitude toward moral philosophy. Rorty's attitude is not extraordinary ; it is increasingly shared by a public which fails to find in works of moral philosophy the sort of rational defense of rules about how to live which it has been promised. What form could a rational justification of a claim of die form "human beings... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:84 Reviews THE WAYS OF THE WITTGENSTEINS ACCORDING TO A WAUGH Richard Henry Schmitt U. of Chicago Chicago, il 60637, usa [email protected] AlexanderWaugh. TheHouseofWittgenstein:aFamilyatWar. London: Bloomsbury, 2008. Pp. 366. isbn: 0-7475-9185-7. £20.00 (hb). New York: Doubleday, 2009. Pp. 333. isbn: 0-385-52060-3. us$28.95 (hb). Ezach family is happy and unhappy in its own ways. This is hardly surprising zgiven that the family lies at the crossroad of so much (...) human experience. It is the scene for playing out genetics and for working through the rearing and civilizing of children, both nature and nurture. In economic life it constitutes the primary unit, the household. Despite Tolstoy’s ideal, none can ever be com­ pletely happy for every member all the time. And, there is no reason to think that basically happy families are any more the same than unhappy ones. But then none can ever be completely unhappy; or rather, when a family is com­ pletely unhappy it is unlikely that it will remain one. One other factor, however, intrudes on this picture: we tend to be more interested in bad or scandalous news than good. Vicarious experience brings catharsis, possibly helpful in a way. Yet, as the German language recognizes with the word “Schadenfreudez”, we can experience joy at someone else’s sorrow, despite the questions it raises about our empathy. Alexander Waugh is himself the member of a famous family. He has written December 2, 2009 (5:28 pm) E:\CPBR\RUSSJOUR\TYPE2901\russell 29,1 060 red.wpd E:\CPBR\RUSSJOUR\TYPE2901\russell 29,1 060 red.wpd Reviews 85 its “autobiography” in Fathers and Sons,1 where he is principally concerned with his father Auberon (“Bron”), his grandfather Evelyn, his great-uncle Alec, and his great-grandfather Arthur. Given the family documentation at his disposal and the span of generations, that book covers enough territory, in enough detail, to give us some sense of Waugh family character. You learn what it was like to grow up in the family, down to the odour of Uncle Auberon Herbert’s cologne, “smelling like Cleopatra in her barge on her way to meet Antony for the Wrst time” according to Bron (p. 370, paperback ed.), and the family suspicion that this uncle may have been the illegitimate son of Hilaire Belloc (p. 276). The fathers and sons, from Arthur down to Alexander, all wrote for a living, witty, stylish prose, and sometimes poetry. They especially liked writing about each other in letters, essays, and novels, often to each other in public letters and dedications; and as a consequence Alexander’s book is rich, amusing, intimate, and a bit indiscrete. Arthur’s turn-of-the-century avoidance of emotion in sentimentality grew outmoded, but it was replaced in the family business with newer models, with more Xash and cynicism. When it came to Alexander’s fa­ ther Bron, he was known for his talent at vituperation, and got into verbal and legal scrapes with C. P. Snow and Bertrand Russell among others (p. 407), which led to his getting sacked but only made his journalism more widely read and more valuable to publishers. In Alexander’s disclosure of his family history, there is a sureness of touch that comes from working within his ken. Waugh studied music, and worked as a music critic. In his easy, self-depreci­ ating way, he told an interviewer for The Wall Street Journalz that he got the idea to write this book because of “the most appalling boil on my right index Wnger”. This curtailed his routine enjoyment at the piano, “But then as I sat down and pressed a chord with my left hand I thought of Paul Wittgenstein. I knew about the concerto that Ravel composed for him and I knew that he was Ludwig’s brother. He was bound to have an interesting story.”2 With access to some Witt­ genstein family papers through one of Paul Wittgenstein’s daughters, he began. But a biography of the one-armed pianist soon turned into this “family history”, in part because of the author’s previous success with his own family, but also... (shrink)