In this paper, I argue that Spinoza’s political theory gives us a model for how he might have approached a treatise on moral education. Indeed, his account of the method and aims of politics resembles Renaissance humanist rhetorical approaches to pedagogy – particularly, the work of sixteenth century Spanish humanist Juan Luis Vives – so strongly that it is hardly an exaggeration conclude that, for him, politics is education writ large. For Spinoza and for Vives, the governor-or-instructor must study the (...) prevailing character, or ingenium, of the subject and adopt means that promote the cognitive and emotional development of the subject, which can be accomplished only to the extent that subjects willingly participate in their own governance-or-instruction. Spinoza joins this rhetorical procedure to a Hobbesian scientific approach to studying ingenia, resulting in a political method that is part science, part art. (shrink)

Bentham belongs to a long tradition of reflection on law according to which the nature of law can best be understood in terms of its distinctive contribution to the solution of certain deep and pervasive problems of collective action or collective rationality. I propose to take a critical look at Bentham's unique and penetrating contribution to this tradition. For this purpose I will rely on the interpretation of the main lines of Bentham's jurisprudence and its philosophical motivations which I have (...) developed inBentham and the Common Law Tradition. will not attempt further to defend it here. I wish, rather, to reflect on themes and arguments which this interpretation of Bentham's jurisprudence has uncovered. (shrink)

Freedom of thought means freedom from social tyranny, the capacity to think for oneself, to encounter even shocking ideas without shrinking away from them. That aspiration is a core concern of the free speech tradition. It is not specifically concerned with law, but it explains some familiar aspects of the First Amendment law we actually have—aspects that the most prevalent theories of free speech fail to capture. It explains the prohibition of compelled speech, and can clarify the perennial puzzle of (...) why freedom of speech extends to art and literature. It also tells us something about the limits of legal regulation, and about the ethical obligations of private actors. (shrink)

Hobbes’s interpreters have struggled to find a plausible semantics for evaluative language in his writings. I argue that this search is misguided. Hobbes offers neither an account of the reference of evaluative terms nor a theory of the truth-conditions for evaluative statements. Rather, he sees evaluative language simply as having the non-representational function of prescribing actions and practical attitudes, its superficially representational appearance notwithstanding. I marshal the evidence for this prescriptivist reading of Hobbes on evaluative language and show how it (...) sidesteps various textual and philosophical problems that bedevil the traditional interpretations. (shrink)