In this strikingly original work, Paul W. Kahn rethinks the meaning of political theology. In a text innovative in both form and substance, he describes an American political theology as a secular inquiry into ultimate meanings sustaining our faith in the popular sovereign. Kahn works out his view through an engagement with Carl Schmitt's 1922 classic, _Political Theology: Four Chapters on the Concept of Sovereignty_. He forces an engagement with Schmitt's four chapters, offering a new version of (...) each that is responsive to the American political imaginary. The result is a contemporary political theology. As in Schmitt's work, sovereignty remains central, yet Kahn shows how popular sovereignty creates an ethos of sacrifice in the modern state. Turning to law, Kahn demonstrates how the line between exception and judicial decision is not as sharp as Schmitt led us to believe. He reminds readers that American political life begins with the revolutionary willingness to sacrifice and that both sacrifice and law continue to ground the American political imagination. Kahn offers a political theology that has at its center the practice of freedom realized in political decisions, legal judgments, and finally in philosophical inquiry itself. (shrink)

In this wide-ranging interdisciplinary work, Paul W. Kahn argues that political order is founded not on contract but on sacrifice. Because liberalism is blind to sacrifice, it is unable to explain how the modern state has brought us to both the rule of law and the edge of nuclear annihilation. We can understand this modern condition only by recognizing that any political community, even a liberal one, is bound together by faith, love, and identity.Putting Liberalism in Its Place (...) draws on philosophy, cultural theory, American constitutional law, religious and literary studies, and political psychology to advance political theory. It makes original contributions in all these fields. Not since Charles Taylor's The Sources of the Self has there been such an ambitious and sweeping examination of the deep structure of the modern conception of the self.Kahn shows that only when we move beyond liberalism's categories of reason and interest to a Judeo-Christian concept of love can we comprehend the modern self. Love is the foundation of a world of objective meaning, one form of which is the political community. Arguing from these insights, Kahn offers a new reading of the liberalism/communitarian debate, a genealogy of American liberalism, an exploration of the romantic and the pornographic, a new theory of the will, and a refoundation of political theory on the possibility of sacrifice.Approaching politics from the perspective of sacrifice allows us to understand the character of twentieth-century politics, which combined progress in the rule of law with massive slaughter for the state. Equally important, this work speaks to the most important political conflicts in the world today. It explains why American response to September 11 has taken the form of war, and why, for the most part, Europeans have been reluctant to follow the Americans in their pursuit of a violent, sacrificial politics. Kahn shows us that the United States has maintained a vibrant politics of modernity, while Europe is moving into a postmodern form of the political that has turned away from the idea of sacrifice. Together with its companion volume, Out of Eden, Putting Liberalism in Its Place finally answers Clifford Geertz's call for a political theology of modernity. (shrink)

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.

In Out of Eden, Paul W. Kahn offers a philosophical meditation on the problem of evil. He uses the Genesis story of the Fall as the starting point for a profound articulation of the human condition.

Academic philosophy may have lost its audience, but the traditional subjects of philosophy--love, death, justice, knowledge, and faith--remain as compelling as ever. To reach a new generation, Paul W. Kahn argues that philosophy must take up these fundamental concerns as we find them in contemporary culture. He demonstrates how this can be achieved through a turn to popular film. Discussing such well-known movies as _Forrest Gump_ (1994), _The American President_ (1995), _The Matrix_ (1999), _Memento_ (2000), _The History of (...) Violence_ (2005), _Gran Torino_ (2008), _The Dark Knight_ (2008), _The Road_ (2009), and _Avata_r (2009), Kahn explores powerful archetypes and their hold on us. His inquiry proceeds in two parts. First, he uses film to explore the nature of action and interpretation, arguing that narrative is the critical concept for understanding both. Second, he explores the narratives of politics, family, and faith as they appear in popular films. Engaging with genres as diverse as romantic comedy, slasher film, and pornography, Kahn explores the social imaginary through which we create and maintain a meaningful world. He finds in popular films a new setting for a philosophical inquiry into the timeless themes of sacrifice, innocence, rebirth, law, and love. (shrink)

The torture prohibition is not just one rule among many. Its status as an absolute prohibition in both domestic and international law suggests that it lies at the very foundation of the rule of law. Yet, the prohibition is oddly discontinuous with other practices of state sanctioned violence. I argue here that the prohibition functions as much as symbol as norm. To explain what it symbolizes, I deploy some of the interpretive methodology Freud used to interpret dreams. The torture prohibition (...) is a kind of waking dream. As with other dreams, we must pierce the manifest content to reveal the unconscious meaning. The prohibition, I argue, comes less from a concern about victims than about torturers, for the right to torture was a claim of the sacral monarch. The affective weight of the prohibition emerges from the relationship of law to sovereignty, and to the violent, sacrificial demand of even a popular sovereign. (shrink)

_An examination of how two fundamental concepts of order influence our ideas about sovereignty, citizenship, law, and history_ Western accounts of natural and political order have deployed two basic ideas: project and system. In a project, order is produced by the intentional act of a subject; in a system, order is immanent in the world. In the former, order is made; in the latter, discovered. Paul W. Kahn shows how project and system have long been at work in (...) our theological and philosophical tradition. Against this background, Kahn explains the development of the modern legal imagination in the nineteenth century as a movement from project to system. Americans began the century imagining the constitutional order as their common project: a deliberate construction of We the People. They ended the century imagining that order is continuous with the common law: an immanent development of the principles of civilization. This imaginative shift affected ideas of legal text, sovereignty, citizenship, interpretation, history, and science. (shrink)

On her seventy-fifth birthday, the author’s mother confessed to an affair more than three decades past. His father’s response was unforgiving. Her need to confess met his limitless rage. She acted out of love; he sought revenge. Their battle consumed everything and everyone around them. In the middle of this struggle, she was diagnosed with cancer. Two years later, she died. Testimony is a son’s memoir of this struggle. Paul Kahn finds here a story of the twentieth century, (...) beginning with poverty in the Depression and immigration from Hitler’s Germany. He follows his father’s experience of the war and his return with PTSD. He traces his parents’ movement through the turbulent 60s. More than a study of twentieth-century culture, Testimony is a philosophical inquiry into the possibility of faith in a secular age. History, philosophy, and theology flow together as Kahn finds in his parents’ lives the resources for a series of essays on the nature of truth, memory, death, and faith. Testimony is most of all a meditation on love in a time in which the very possibility of faith is constantly put to the test. (shrink)

Abstract. To understand the problem of torture in a democratic society, we have to take up a political-theological perspective. We must ask how violence creates political meaning. Torture is no more destructive and no more illiberal than other forms of political violence. The turn away from torture was not a turn away from violence, but a change in the locus of sacrifice: from scaffold to battlefield. Torture had been a ritual of mediation between sovereign and subject. Once sovereignty is located (...) in the people, it no longer makes sense to speak of being sacrificed for the sovereign. Instead, sovereign presence is now realized in an act of self-sacrifice. The wars of modern nation-states have been acts of reciprocal self-sacrifice. Terror invokes torture in response because both speak a primitive language of political sacrifice, denying the enemy the privilege of self-sacrifice. (shrink)

The COVID-19 pandemic has presented an important case study, on a global scale, of how democracy works - and fails to work - today. From leadership to citizenship, from due process to checks and balances, from globalization to misinformation, from solidarity within and across borders to the role of expertise, key democratic concepts both old and new are now being put to the test. The future of democracy around the world is at issue as today's governments manage their responses to (...) the pandemic. Bringing together some of today's most creative thinkers, these essays offer a variety of inquiries into democracy during the global pandemic with a view to imagining post-crisis political conditions. Representing different regions and disciplines, including law, politics, philosophy, religion, and sociology, eighteen voices offer different outlooks - optimistic and pessimistic - on the future. (shrink)

War After September 11 considers the just aims and legitimate limits of the United States' response to the terrorist attacks of September 11, 2001.

What rational justification is there for conceiving of all living things as possessing inherent worth? In _Respect for Nature_, Paul Taylor draws on biology, moral philosophy, and environmental science to defend a biocentric environmental ethic in which all life has value. Without making claims for the moral rights of plants and animals, he offers a reasoned alternative to the prevailing anthropocentric view--that the natural environment and its wildlife are valued only as objects for human use or enjoyment. _Respect for (...) Nature_ provides both a full account of the biological conditions for life--human or otherwise--and a comprehensive view of the complex relationship between human beings and the whole of nature. This classic book remains a valuable resource for philosophers, biologists, and environmentalists alike--along with all those who care about the future of life on Earth. A new foreword by Dale Jamieson looks at how the original 1986 edition of _Respect for Nature_ has shaped the study of environmental ethics, and shows why the work remains relevant to debates today. (shrink)

In this work, the first overview of the German Idealism that is both conceptual and methodological, Paul W. Franks offers a philosophical reconstruction that is...

1 Adaptationism is a research strategy that seeks to identify adaptations and the specific selective forces that drove their evolution in past environments. Since the mid-1970s, paleontologist Stephen J. Gould and geneticist Richard Lewontin have been critical of adaptationism, especially as applied toward understanding human behavior and cognition. Perhaps the most prominent criticism they made was that adaptationist explanations were analogous to Rudyard Kipling's Just So Stories. Since storytelling is an inherent part of science, the criticism refers to the acceptance (...) of stories without sufficient empirical evidence. In particular, Gould, Lewontin, and their colleagues argue that adaptationists often use inappropriate evidentiary standards for identifying adaptations and their functions, and that they often fail to consider alternative hypotheses to adaptation. Playing prominently in both of these criticisms are the concepts of constraint, spandrel, and exaptation. In this article we discuss the standards of evidence that could be used to identify adaptations and when and how they may be appropriately used. Moreover, building an empirical case that certain features of a trait are best explained by exaptation, spandrel, or constraint requires demonstrating that the trait's features cannot be better accounted for by adaptationist hypotheses. Thus, we argue that the testing of alternatives requires the consideration, testing, and systematic rejection of adaptationist hypotheses. Where possible, we illustrate our points with examples taken from human behavior and cognition. Key Words: adaptation; ADHD; brain allometry; constraint; epistemology; evolutionary psychology; exaptation; female orgasm ; optimization; special design; waist-hip ratio. Footnotes1 The authors contributed equally to this paper. Order of authorship was determined alphabetically. Correspondence may be addressed to any of the authors. (shrink)

I present the foundational structure for a life-centered theory of environmental ethics. The structure consists of three interrelated components. First is the adopting of a certain ultimate moral attitude toward nature, which I call “respect for nature.” Second is a belief system that constitutes a way of conceiving of the natural world and of our place in it. This belief system underlies and supports the attitude in a way that makes it an appropriate attitude to take toward the Earth’s natural (...) ecosystems and their life communities. Third is a system of moral rules and standards for guiding our treatment of those ecosystems and life communities, a set of normative principles which give concrete embodiment or expression to the attitude of respect for nature. The theory set forth and defended here is, I hold, structurally symmetrical with a theory of human ethics based on the principle of respect for persons. (shrink)

I argue that supervenience is an inadequate device for representing relations between different levels of phenomena. I then provide six criteria that emergent phenomena seem to satisfy. Using examples drawn from macroscopic physics, I suggest that such emergent features may well be quite common in the physical realm.

I present the foundational structure for a life-centered theory of environmental ethics. The structure consists of three interrelated components. First is the adopting of a certain ultimate moral attitude toward nature, which I call “respect for nature.” Second is a belief system that constitutes a way of conceiving of the natural world and of our place in it. This belief system underlies and supports the attitude in a way that makes it an appropriate attitude to take toward the Earth’s natural (...) ecosystems and their life communities. Third is a system of moral rules and standards for guiding our treatment of those ecosystems and life communities, a set of normative principles which give concrete embodiment or expression to the attitude of respect for nature. The theory set forth and defended here is, I hold, structurally symmetrical with a theory of human ethics based on the principle of respect for persons. (shrink)

Paul Ludwig examines how and why Greek theorists treated political passions as erotic. Because of the tiny size of ancient Greek cities, contemporary theory and ideology could conceive of entire communities based on desire. A recurrent aspiration was to transform the polity into one great household that would bind the citizens together through ties of mutual affection. In this study, Ludwig evaluates sexuality, love, and civic friendship as sources of political attachment and as bonds of political association.