The Constitution of the United States was constructed by men influenced by fundamental ideas of what a republic should be. These ideas hark back to the ancient philosophers and historians, and were further articulated and developed in modern times. From time to time scholars have sought to collect and reprint selections from the classical, biblical, and modern sources upon which the Founding Fathers fed. Remarkably, however, the best anthology of these sources to understand the republican idea that undergirds the Federal (...) Constitution was prepared on the eve of the Constitutional Convention by John Adams, a signer of the Declaration of Independence, then in London as American envoy to Great Britain and eventually the second President of the United States. I refer to Adams' A Defence of the Constitutions of Government of the United States of America, against the attack of M. Turgot, in his letter to Dr. Price, 22 March, 1778. (shrink)

This paper addresses the question of the constitution of ‘the people’. It argues that J.L. Austin’s concept of the ‘perlocutionary’ speech act gives us a framework for understanding the constitutive force of a specific constitutional document: the American Declaration of Independence. It does so through responding to Derrida’s analysis of the Declaration, which itself draws on Austin’s work. Derrida argues that the Declaration’s constitutive force lies in the fact that it cannot be simply understood as either ‘performative’ or ‘constative’, in (...) Austin’s terminology. According to Derrida, ‘the people’ do not pre-exist the Declaration, but are constituted in the act of declaration itself. In response, I argue that while Derrida’s insight regarding the constitution of ‘the people’ is sound, his analysis misses two key aspects of the Declaration. These two lacunae point the way to an understanding of the constitutive force of the Declaration in terms of Austin’s ‘perlocutionary’ speech act. (shrink)

The Federalist Papers, even though written in 1787, are still one of the most referenced works regarding constitutional matters nowadays. The words of Hamilton, Madison and Jay, disguised under the pseudonym of Publius, are widely quoted, unfortunately not always in accordance with the authors’ intentions. This paper aims to: firstly, sketch the historical and political background of the essays to establish their existence as a period piece, and secondly, deconstruct the philosophical basis of the essays and at the same time (...) show how ignoring such a basis can lead to distortion of the arguments originally intended. (shrink)

Despite their contemporaneity and obvious similarities, Richard Price and Immanuel Kant are rarely discussed together. This essay examines the common background of their work, similarities in their methodology and principles, and their common concern with connecting rationalist philosophical systems with knowledge at the level of ordinary life and politics – all this despite their lack of reference to each other. Their normative principles are assessed in connection with major documents and political events in their revolutionary era. A concluding section evaluates (...) their work in relation to contemporary discussions that concern the relationship between pre-reflective and reflective levels of moral knowledge. The essay draws on the work of contemporary scholars such as Danielle Allen, David Brink, Robert Audi, Sarah McGrath, and Thomas Kelly. (shrink)