In what constitutes the only English-language collection of essays ever dedicated to the analysis of Montesquieu's contributions to political science, the contributors review some of the most vexing controversies that have arisen in the interpretation of Montesquieu's thought. By paying careful attention to the historical, political, and philosophical contexts of Montesquieu's ideas, the contributors provide fresh readings of The Spirit of Laws, clarify the goals and ambitions of its author, and point out the pertinence of his thinking to the problems (...) of our world today. (shrink)

In this book Sharon Krause argues that moral and political deliberation must incorporate passions, even as she insists on the value of impartiality.

The close connection between norms and motives that is characteristic of Hume's moral theory threatens to break down when it comes to the political matter of justice. Here a gap arises between the moral approval of justice, which is based on its utility, and the desires that motivate just action, which utility cannot fully explain. Therefore the obligation to justice may seem to be motivationally unsupported. This difficulty is compounded by the fact that, for Hume, no obligation can arise unless (...) a normally effective motivation exists for it. In addition to disabling just action, then, the motivational deficit threatens to undercut the normative status of justice as a virtue. A solution to this dilemma lies in what Hume calls the "immediately agreeable" condition of "integrity" or "character." The agreeableness of integrity indirectly confers upon justice a luster that makes it attractive and obligatory even when it does not actually serve the interests of individual or society, and when self-interest and sympathy fall short in sustaining compliance. (shrink)

The close connection between norms and motives that is characteristic of Hume’s moral theory threatens to break down when it comes to the political matter of justice. Here a gap arises between the moral approval of justice, which is based on its utility, and the desires that motivate just action, which utility cannot fully explain. Therefore the obligation to justice may seem to be motivationally unsupported. This difficulty is compounded by the fact that, for Hume, no obligation can arise unless (...) a normally effective motivation exists for it. In addition to disabling just action, then, the motivational deficit threatens to undercut the normative status of justice as a virtue. A solution to this dilemma lies in what Hume calls the “immediately agreeable” condition of “integrity” or “character.” The agreeableness of integrity indirectly confers upon justice a luster that makes it attractive and obligatory even when it does not actually serve the interests of individual or society, and when self-interest and sympathy fall short in sustaining compliance. (shrink)

Montesquieu's The Spirit of the Laws (1748) illuminates the many factors that affect human behaviour and hence constrain the capacity for self-guided action, but his work also contains a defence of this capacity in his treatment of the soul. Yet Montesquieu also thought it important to establish reliable limits on human action so as to protect political liberty, and he looked to the constitutional traditions of particular peoples for standards of right that would provide effective checks on individuals and political (...) powers without fundamentally eroding the animating power of the soul. Together Montesquieu's concept of the soul and use of history point to a nascent form of limited human agency, one that balances the elements of determinism present in his new scientific approach to politics and society. (shrink)

Conceiving political agency in terms of an interaction between the categories that Simone de Beauvoir called ‘immanence’ and ‘transcendence’ illuminates the role that attachments and desires play in supporting commitments to abstract principles of political right, and so clarifies the structure and sources of political agency. Communitarians and feminist theorists have shown in recent years that attachments to particular others can support a strong sense of individual efficacy. This analysis goes beyond those prior studies by showing the importance for political (...) agency of partial attachments not to particular others but to abstract principles such as justice, liberty and equality. Motivating principled political action is a fundamental concern for constitutional liberal democracies such as the USA, in which citizens are to rule themselves on the basis of a constitutionally established set of abstract principles, rather than simply on the basis of attachments to particular persons or communities. (shrink)

The arts of rule cover the exercise of power by princes and popular sovereigns, but they range beyond the domain of government itself, extending to civil associations, political parties, and religious institutions. Making full use of political philosophy from a range of backgrounds, this festschrift for Harvey Mansfield recognizes that although the arts of rule are comprehensive, the best government is a limited one.

In their vulnerability to arbitrary, exploitative uses of human power, many of Earth’s nonhuman parts are subject to environmental domination. People too are subject to environmental domination in ways that include but also extend beyond the special environmental burdens borne by those who are poor and marginalized. Despite the substantial inequalities that exist among us as human beings, we are all captured and exploited by the eco-damaging collective practices that constitute modern life for everyone today. Understanding the complex, interacting dynamics (...) of environmental domination can orient us to a more liberatory approach to our environmental problems and to one another, both human and nonhuman. To make good on this potential, however, we need to move beyond existing conceptions of domination. This essay reconstructs the concept of domination to illuminate the multiple ways that the human domination of nature interacts with the domination of people, and it identifies changes that could support more emancipatory forms of political order, a politics of non-domination for people and the Earth. (shrink)

The concept of non-domination is an important contribution to the study of freedom but it does not comprehend the whole of freedom. Insofar as domination requires a conscious capacity for control on the part of the dominant party, it fails to capture important threats to individual freedom that permeate many contemporary liberal democracies today. Much of the racism, sexism and other cultural biases that currently constrain the life-chances of members of subordinate groups in the USA are largely unconscious and unintentional, (...) and they do not always involve control. Although they constitute real barriers to freedom, these forms of influence are not accurately characterized as domination, and they will require different mechanisms to overcome them. To achieve the more capacious freedoms that liberal democracy promises, we will need to go beyond non-domination and to come to terms with the non-sovereign, socially distributed character of human agency. (shrink)

Political respect for nature is an important part of cultivating a more emancipatory and ecologically sustainable politics. As a political principle, it can supplement respect for persons with institutional mechanisms that formally constrain how human power may be exercised over non-human beings and things and that require us to use our power in ways that are attentive to nature’s well-being along with our own. Moreover, when internalized by citizens as part of their shared political ethos and public culture, respect for (...) nature has the potential to protect against the abuse of power in our interpersonal relations with Earth’s non-human parts. Political respect for nature means acknowledging that non-human beings and things count, that they deserve to be treated according to standards of right and that there are principled limits to how human power may be exercised over them. It means formalizing these constraints in the basic structure of society and fostering a public culture of self-restraint and responsiveness. (shrink)

A better appreciation of the material, distributed quality of human agency can illuminate subtle dynamics of domination and oppression and reveal resources for potentially liberatory political action. Materialist accounts of agency nevertheless pose challenges to the notion of personal responsibility that is so crucial to political obligation and democratic citizenship. To guard against this danger, we need to sustain the close connection between agency and a sense of selfhood that is individuated, reflexive, and responsive to norms. Yet we should acknowledge (...) that reflexive selfhood is not the whole of individual agency for the sources of agency extend beyond the individual herself. We also need to recognize the ways that both reflexivity and norm-responsiveness are themselves embodied capacities. When properly conceived, a materialist view of agency can increase awareness of our oftenunwitting contributions to systematic inequalities of power and extend our political responsibilities in emancipatory directions, thus holding great promise for democratic life. (shrink)

The case for an eco-emancipatory politics to release the Earth from human domination and free us all from lives that are both exploitative and exploited Human domination of nature shapes every aspect of our lives today, even as it remains virtually invisible to us. Because human beings are a part of nature, the human domination of nature circles back to confine and exploit people as well—and not only the poor and marginalized but also the privileged and affluent, even in the (...) world’s most prosperous societies. Although modern democracy establishes constraints intended to protect people from domination as the arbitrary exercise of power, it offers few such protections for nonhuman parts of nature. The result is that, wherever we fall in human hierarchies, we inevitably find ourselves both complicit in and entrapped by a system that makes sustainable living all but impossible. It confines and exploits not only nature but people too, albeit in different ways. In Eco-Emancipation, Sharon Krause argues that we can find our way to a better, freer life by constraining the use of human power in relation to nature and promoting nature’s well-being alongside our own, thereby releasing the Earth from human domination and freeing us from a way of life that is both exploitative and exploited, complicit and entrapped. Eco-emancipation calls for new, more-than-human political communities that incorporate nonhuman parts of nature through institutions of representation and regimes of rights, combining these new institutional arrangements with political activism, a public ethos of respect for nature, and a culture of eco-responsibility. (shrink)

The arts of rule cover the exercise of power by princes and popular sovereigns, but they range beyond the domain of government itself, extending to civil associations, political parties, and religious institutions.

The Companion to Montesquieu provides a first port-of-call for readers new to the study of Montesquieu, even as it makes major contributions to the specialist literature. The volume will attract scholars of multiple disciplines and readers interested in concepts like liberty, cosmopolitanism, sovereignty, and slavery treated in the thematic chapters.

This article examines Montesquieu's concept of natural law and treatment of legal customs in conjunction with his theory of moral psychology. It explores his effort to entwine the rational procedural quality of laws with the substantive principles that sustain them. Montesquieu grounds natural law in the desires of the human being as ‘a feeling creature’, thus establishing the normative force of desire and making right action attractive by engaging the passions rather than subordinating them to reason. As a result, natural (...) law generates both political norms and the motivations that drive political actions. It provides a standard for assessing the ostensibly jumbled multiplicity of legal customs in human societies. And it reminds us that there is more to political theory than the rational justifi-cation of norms, that central to any account of liberal constitutionalism must be an effort to show the attractions – and not only the justice or the rationality – of right action. Key Words: law • Montesquieu • moral psychology • motivation • natural • law • norm justification • passions. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

This paper highlights contributions of A Democratic Bearing, especially its conceptualization of domination and the demos, and argues that the liberal limitation of power is an important supplement to deliberative democracy in sustaining the ‘democratic bearing’ model of citizenship that the book calls for.

Conceiving political agency in terms of an interaction between the categories that Simone de Beauvoir called 'immanence' and 'transcendence' illuminates the role that attachments and desires play in supporting commitments to abstract principles of political right, and so clarifies the structure and sources of political agency. Communitarians and feminist theorists have shown in recent years that attachments to particular others can support a strong sense of individual efficacy. This analysis goes beyond those prior studies by showing the importance for political (...) agency of partial attachments not to particular others but to abstract principles such as justice, liberty and equality. Motivating principled political action is a fundamental concern for constitutional liberal democracies such as the USA, in which citizens are to rule themselves on the basis of a constitutionally established set of abstract principles, rather than simply on the basis of attachments to particular persons or communities. Key Words: citizenship • gender • justice • political agency • Simone de Beauvoir. (shrink)

Taking seriously the task of sustaining the democratic project requires debunking pessimism, thinking critically about what constitutes the distinctive character of democracy, and taking a future-oriented perspective on democratic transformations.

The arts of rule cover the exercise of power by princes and popular sovereigns, but they range beyond the domain of government itself, extending to civil associations, political parties, and religious institutions. Making full use of political philosophy from a range of backgrounds, this festschrift for Harvey Mansfield recognizes that although the arts of rule are comprehensive, the best government is a limited one.

This paper offers an answer to an objection to Phillip Pettit’s neo‐republican account of freedom as non‐domination raised by Sharon Krause. The objection is that widespread prejudice, such as systemic racism or sexism, generates significant obstacles to individuals’ free agency but that neo‐republicanism fails to explain why these obstacles reduce freedom. This is because neo‐republicanism defines domination in terms of the capacity for arbitrary interference, but many prejudiced actions do not involve physical coercion, threats, or any other behavior (...) typically described as types of interference. The paper discusses three strategies to account for the impact of widespread prejudice on the domination of groups. It argues that the most plausible strategy redefines domination in terms of behavior that is prima facie wrong and lacks appropriate checks. Such behavior includes interference but also includes prejudiced actions, such as failing to select the most qualified candidate for a job. (shrink)

Introduction to volume containing essays by Simon Blackburn, John Cottingham, Frances Ferguson, Joshua Gert, Peter Goldie, Charles Guignon, Sharon Krause, Christopher Kutz, Daniel Markovits, Elijah Millgram, Martha Nussbaum, and Carol Rovane.

When Bernard Williams died in 2003, the Times newspaper hailed him ‘as the greatest moral philosopher of his generation’. This outstanding collection of specially commissioned new essays on Williams's work is essential reading for anyone interested in Williams, ethics and moral philosophy and philosophy in general. _Reading Bernard Williams_ examines the astonishing scope of his philosophy from metaphysics and philosophy of mind to ethics, political philosophy and the history of philosophy. An international line up of outstanding contributors discuss, amongst others, (...) the following central aspects of Williams's work: Williams's challenge to contemporary moral philosophy and his criticisms of 'absolute' theories of morality reason and rationality the good life the emotions Williams and the phenomenological tradition philosophical and political agency moral and political luck ethical relativism Contributors : Simon Blackburn; John Cottingham; Frances Ferguson; Joshua Gert; Peter Goldie; Charles Guignon; Sharon Krause; Christopher Kutz; Daniel Markovits; Elijah Millgram; Martha Nussbaum; Carol Rovane. (shrink)