Law clings to rules to stabilize a preferred normative reality. But rules never suffice. Character is the dark matter of law. Ethos anthropos daimon. “Character is fate.” This paradoxically reversible saying by the ancient Greek philosopher Heraclitus asserts that we are defined by the daimon – the god or messenger angel – with which we identify most. As Plato queried in the Phaedrus: which god do you follow, whose love claims you? In contemporary terms we might say, what character type, (...) what emotional ideal, what deep story do you hold most sacred? Out of the maelstrom that is the state of exception, choices must be made. What emotional field shall we occupy when we do politics and law? Bound by what sovereign values or ideals, embodied within what sort of character, emplotted in what sort of political or legal narrative? In synergy with culture, character plays out the emotional conflicts and aspirations of the time. Whether we witness this in the mostly silent resistance of unassimilable characters like Barnardine in Shakespeare’s Measure for Measure or in the silent prayer of nineteen-year-old Emma Gonzalez, in public protest against uncontrolled gun violence in American schools, we are all called upon, as citizens in public life, to occupy an emotional space that attains centrality within deep narratives that vie for political dominance. Reverse engineering liberal society, we might ask: what emotional and character ideals are optimal in order for a particular kind of political society to arise and be sustained? There is a reciprocal relationship between the sovereign authority of law and the character ideals that express a capacity and willingness to accept that authority. What will the configuration be? Addressing this question constitutes the ethical, esthetic, and epistemological calling of our time. (shrink)

This dissertation will compare the concept of nature as it appears in the philosophies of the American pragmatist John Dewey and the Chinese daoist Zhuangzi and will defend two central claims. The first of these is that Dewey and Zhuangzi share a view of nature that is non-reductive, philosophically liberal, and more comprehensive than the accounts recurrent in much of the Western tradition. This alternate conception of nature is non-reductive in the way that it avoids the physically mechanistic outlook underwriting (...) much of contemporary Anglo-American thought. It is philosophically liberal in that it accepts a more generous and progressive position than predominant Western orthodoxies. And, it is more comprehensive in scope insofar as it draws as much from the social sciences as it does from the natural sciences. The second claim defended will be that the synoptic vision gained from such a comparison offers a new heuristic program for research into the philosophical position known as naturalism, a program that can, at once, avoid the scientistic tendencies of the current, mainstream treatment of nature and reconnect with earlier, more inclusive models. Where Dewey's and Zhuangzi's ideas converge, one finds similarities in the prescriptions each made for human action, and where they differ, one finds mutually complementary insights. Finally, this heuristic will be used to refute various interpretations of Dewey and Zhuangzi that tend to understate or ignore the importance of nature within their schemes. (shrink)

O artigo que aqui se apresenta revisita as principais teses do Utilitarismo em escopo ético, tomando-as sucinta e genericamente, na esteira de John Stuart Mill. O presente tentame, mediante a exposição da teoria e a confrontação com algumas das suas principais críticas, procura compreender um problema fundamental que a parece permear. A escolha recai sobre Stuart Mill, como autor privilegiado para trazer à liça os principais traços de uma doutrina utilitarista, uma vez que coube a si a virtude de expor (...) laconicamente no seu afamado texto – Utilitarianism – aquilo de que a doutrina trata. A escolha também recai sobre o pensador inglês uma vez que o Utilitarismo, principalmente na sua esteira e apesar das críticas que lhe foram e têm sido desferidas, continua a suscitar enorme atração entre aqueles autores que trabalham a possibilidade de uma ética, mesmo quando se afastam sobejamente daquele. (shrink)