. In Aristotle's account, corrective and distributive justice are not particular substantive ideals, but are rather the formal patterns that inhere in interactions and in the legal arrangements that regulate them. Corrective and distributive justice are the structures of ordering internal to transactions and distributions, respectively. The Aristotelian. forms of justice thus constitute the rationality immanent to the relation ships of mutually external beings. This article stresses Aristotle's formalism, contrasting it to modem instrumental conceptions of legal rationality, and defending it (...) against Kelsen's allegations of emptiness. The article concludes with the suggestion that corrective justice, as the conceptual pattern that makes private law what it is, can be considered the formal and final cause of private law. (shrink)

It has at various times been said, both before and since the fall of apartheid, that philosophers in South Africa are neglecting to do certain sorts of work. Behind this accusation lies a general claim that philosophers have responsibilities to their contexts. This essay is dedicated to (i) defending this claim against objections, and (ii) offering a positive argument for there being moral pressure on philosophers to increase understanding. My aim is not to accuse any philosopher or community of philosophers (...) of neglect. It is rather to defend an understanding of both philosophy and ethical responsibilities that makes room for philosophers to have moral responsibilities. Whether or not it has ever in fact been appropriate to accuse philosophers in South Africa, or indeed anywhere else, of neglect, philosophers do indeed have responsibilities to their contexts. (shrink)

Reason has regularly been portrayed and understood in terms of images and metaphors that involve the exclusion or denigration of some element-body, passion, nature, instinct-that is cast as "feminine." Drawing upon philosophical insight into metaphor, I examine the impact of this gendering of reason. I argue that our conceptions of mind, reason, unreason, female, and male have been distorted. The politics of "rational" discourse has been set up in ways that still subtly but powerfully inhibit the voice and agency of (...) women. (shrink)

Much of the debate concerning political obligation deals with the question of which, if any, moral principles could make obedience to the directives of the government a matter of obligation. What makes political obligation political has not received attention in the literature on the topic. In this article I argue that the lack of systematic reflection on what makes political obligation political is responsible for the failure of a number of influential theories of political obligation. I demonstrate this failure using (...) the consent theory of political obligation as my major example. I conclude my analysis by formulating some positive conditions that a successful principle of political obligation should satisfy. (shrink)

Peter Winch, in his political philosophy, wanted to rethink the concepts of political authority, legitimacy and political culture, with a starting point in Wittgensteinian ideas. This essay brings together Winch's thoughts on political authority. Developing insights from Wittgenstein's work on certainty, Winch emphasised the unstated background behind any normative stand concerning authority. Ideas of legitimacy and civil society are formed within historically specific political cultures. In the 1990s, Winch was increasingly inclined to emphasise disagreement, which was related to his developing (...) views on understanding, logic and reasoning. This development is traced, in part, on the basis of unpublished lecture notes. (shrink)

This is the final part of a series of two papers that have examined the conceptual development of the philosophical justifications for tyrannicide. While Part I focused on the classical, medieval, and liberal justifications for tyrannicide, Part II aims to provide the tentative outlines of a contemporary model of tyrannicide in world politics. It is contended that a reinvigorated conception of self-defence, when coupled with the modern understanding of universal human rights, may provide the foundation for the normative validity of (...) tyrannicide in contemporary world politics. (shrink)