The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and the superiority of (...) civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

Interpreters generally understand Heidegger's notion of finitude in one of two ways: as our mortality – that, in the end, we are certain to die; or the susceptibility of our self- and world-understanding to collapse – the fragility and vulnerability of human sense-making. In this paper, I put forward an alternative account of what Heidegger means by ‘finitude’: human self- and world-understanding is non-transparently grounded in a ‘final end.’ Our self- and world-understanding, that is, begins at the end, and authenticity (...) requires us to interpretively appropriate the full range of this understanding. After laying out this view of finitude, via an analogical appeal to the Socratic account of action and desire in the Gorgias, I discuss its relationship to the two leading views of finitude mentioned above. (shrink)

In refutation of hedonism, Nozick offered a hypothetical thought experiment, known as the Experience Machine. This paper maintains that end-of-life-suffering of the kind that is resistant to state-of-the-art palliation provides a conceptually equal experiment which validates Nozick’s observations and conclusions. The observation that very many terminal patients who suffer terribly do no wish for euthanasia or terminal sedation is incompatible with motivational hedonism. Although irreversible vegetative state and death are equivalently pain-free, very many people loath the former even at the (...) price of the latter. This attitude cannot be accounted for by hedonism. Following these observations, the goals of palliative care are sketched along four circles. The first is mere removal or mitigation of noxious symptoms and suffering. The second targets sufferings that stymie patients’ life-plans and do not allow them to be happy, the third targets sufferings that interfere with their pursuance of other goods (palliation as a primary good). The fourth is the control of sufferings that do not allow the person to benefit from any human good whatsoever (“total pain” or critical suffering). Only in the fourth circle are people hedonists. (shrink)

This dissertation is a study of the relation between Aristotle’s ethics and the crafts (or technai). My thesis is that Aristotle’s argument is at key points shaped by models proper to the crafts, this shaping being deeper than is generally acknowledged, and philosophically more problematic. Despite this, I conclude that the arguments I examine can, if revised, be upheld. The plan of the dissertation is as follows – Preface: The relation of my study to the extant secondary literature; Introduction: The (...) pre-Platonic concept of technē, as evidenced in Greek philosophical and literary sources, in particular the early Hippocratic corpus; Chapter one: The Platonic concept of technē, followed by an investigation of whether Plato affirms a virtue-technē in the Protagoras and Republic; Chapter two: Aristotle’s concept of technē, followed by scrutiny of his arguments in NE VI.5 against a virtue-technē, and of his analyses of slavery and deliberation; Chapter three: An exposition of Aristotle’s function argument, followed by a dominantist interpretation of it, and an explanation of dominantism as in part a technē-influenced doctrine; Chapter four: An examination of Aristotle’s ethical mean and its problems, with a diagnosis of these in terms of influence by the Philebus, and by paradigms derived from the crafts; Chapter five: Argument that Aristotle’s theory of habituation suffers from two significant opacities, these being a function of influence both by the Republic, and by models of craft-learning; Conclusion: Response to key objection; Aristotle’s ethics revised, defended. (shrink)