This chapter contains sections titled: Introduction: Rawls Against Capitalism Rawls's Critique of “Welfare State Capitalism” Rawls (and Meade) on the Aims and Features of “Property‐Owning Democracy” Putting the Democracy into Property‐Owning Democracy: POD and the Fair Value of the Political Liberties Power, Opportunity, and Control of Capital: POD and Fair Equality of Opportunity Power, Status, and Self‐Respect: POD, the Difference Principle, and the Value of Equality Welfare State Capitalism and Property‐Owning Democracy: Ideal Types, Public Policy, and (...) Real Politics Conclusion ‐ Liberty, Equality, and Property‐Owning Democracy References. (shrink)

Is capitalism compatible with democratic equality? Rawls’s critique of welfare-state capitalism implies a negative answer. I argue that Rawls’s critique fails and that welfare-state capitalism can satisfy the demands of democratic equality. I articulate a social democratic interpretation of the ideal of democratic equality and show that it justifies welfare-state capitalism. This argument also implies that welfare-state capitalism can satisfy the demands of democratic equality as interpreted by Rawls’s justice as fairness. So, whether we (...) accept Rawls’s interpretation of democratic equality or the social democratic alternative, welfare-state capitalism can satisfy the demands of democratic equality. (shrink)

Journal of Social Philosophy, EarlyView.

Property-owning democracies combine the regulative and redistributive functions of the welfare state with the governmental aim of ensuring that wealth and capital are widely dispersed. John Rawls, political philosophy’s most famous property-owning democrat, argued that property-owning democracy was one of two regime types that best realized his two principles of justice, though he was notoriously vague about how a property-owning democracy’s institutions are meant to realize his principles. To compensate for this deficiency, a number of Rawlsian political philosophers have (...) tried to add institutional and policy content to the idea. While their efforts have advanced the discussion, few have criticized the soundness of these attempts. This article attempts to fill the void. I claim that, in comparison to welfare-state capitalism, property-owning democracy is both prohibitively impractical and unjust on Rawlsian grounds. I first argue that property-owning democracy is economically ineffective. Even granting the assumptions of Rawlsian ideal theory, property-owning democracies generate bad incentives and face severe information problems in comparison to more market-friendly welfare states. Further, in nonideal theory the motivations of political officials and citizens will likely be corrupted by the temptation to abuse the awesome state power at their disposal. Second, I argue that property-owning democracy is unjust relative to welfare-state capitalism. The three principles used to defend property-owning democracy—the difference principle, the principle of fair equality of opportunity and the “political liberty” proviso—do not vindicate property-owning democracy and may even prohibit it. Welfare-state capitalism does much better. (shrink)

This paper evaluates Amartya Sen’s criticisms of Rawls’s theory of justice, in particular his critique of the ideal versus nonideal distinction in Rawls, and corrects what I take to be various misconceptions that underpin this critique. I will then move on to the more general issue of how we are to understand the role of the ideal versus nonideal distinction (and how we ought not to understand it) before going on to consider one focused application of Sen’s ideas. (...) I will look at the choice between property-owning democracy and welfare state capitalism, drawing on the important work of Ingrid Robeyns specifically on “gender justice”, in order to argue that Sen’s methodological claims will – if heeded – send us all off on the wrong track. (shrink)

Nick Dyer-Witheford and Greig de Peuter. Games of Empire: Global Capitalism and Video Games . Minneapolis: University of Minnesota Press. 2009. 320pp. pbk. $19.95 ISBN-13: 978-0816666119. In Games of Empire , Nick Dyer-Witheford and Greig de Peuter expand an earlier study of “the video game industry as an aspect of an emerging postindustrial, post-Fordist capitalism” (xxix) to argue that videogames are “exemplary media of Empire” (xxix). Their notion of “Empire” is based on Michael Hardt and Antonio Negri’s Empire (2000), which (...) characterizes the contemporary world order as a decentralized system of global economic, political, and economic power that transcends national boundaries. In the view of the authors, Hardt and Negri’s account sets itself apart from other analyses of international politics by offering a “comprehensive account of conditions of work, forms of subjectivity, and types of struggle in contemporary capital” (xx). Dyer-Witheford and de Peuter thus divide Games of Empire into three sections to reflect each of these aspects of Empire ’s argument, seeing their work as the first account to explore “virtual games within a system of global ownership, privatized property, coercive class relations, military operations, and radical struggle” (xxix). Books in the University of Minnesota Press’s Electronic Mediations series “explore the humanistic and social implications” of new technologies that spark “significant changes in society and culture, politics and economics, thinking and being.” That’s an abstract goal, and one that Games of Empire surely meets. Yet at times it can be difficult to understand exactly which specific intervention this book seeks to make. It is unclear whether the authors of Games of Empire see their work as an indictment of game scholars’ lack of attention to political economy, or whether it’s a work of political theory hoping to show that other disciplines should be paying more attention to the production and play of videogames. Because Dyer-Witheford and de Peuter don’t directly criticize previous political critiques of gaming—such as Edward Castronova’s exploration of the “porous membrane” allowing two-way traffic between virtual economies and those of the real world, or Alexander Galloway’s unraveling of control protocols in algorithmic design, or Ian Bogost’s idea of political procedural rhetoric—they sometimes leave the reader wondering how to situate the book in the broader discourse on games and politics, either separately or together. Thus, Games of Empire might best be seen as an introduction to the writings of Hardt and Negri for game players and designers, rather than as a text for communicating the basic concepts of game studies and design. It is neither a truly new theory of games or digital media, nor is it a new theory of Empire—and that’s not a criticism. It is instead an introduction to Empire through popular culture, as Zizek does for Lacan in Looking Awry . If one were teaching an introductory course on contemporary political theory, this book would offer obvious inroads into Negri and Hardt’s thinking for a number of reasons. Despite its radical ideological bent, the book isn’t off-putting to readers who don’t necessarily share the authors’ politics. It synthesizes complex ideas from difficult thinkers like Marx, Foucault, and Guattari while integrating modifications and critiques of Empire theory itself. And although the book is dense, sometimes feeling longer than it actually is (just over 200 pages), Games of Empire maintains a breezy readability by tightly coupling core concepts of Empire theory to well-known games and widely-publicized conflicts within the videogame industry. The first section of the book focuses on immaterial labor, the accumulation of “cognitive capital,” and the global process of manufacturing videogame consoles. It is significant for the authors that videogames began as hacker experiments within research institutes of the military industrial complex, programmed on stolen time, before becoming a commodity (7). This is the first in a string of examples showing how creative dissidence and conflict fuel the continuing evolution of Empire’s control. Dyer-Witheford and de Peuter explain that the videogame industry now constitutes an international production apparatus dominating both creative work in developed nations and manual labor in developing ones. Because game industries in the United States, Western Europe, and Japan are predominately non-unionized, they serve as an exemplary system for analyzing how global capital exploits contemporary intellectual work—including an excellent analysis of the “EA Spouse” scandal of 2004. On the side of the consumer, the authors argue that rabid “console races” that drive the industry forward from a technological perspective serve to structure gamer identity and combat piracy; later in the book, these machines offer a window into the worlds of Congolese coltan mining and electronic waste (222-224). In the second section, Dyer-Witheford and de Peuter move on to deep case studies of individual games to show how the most popular game genres embed imperial assumptions about conflict, exchange, and urban life. First they argue that military training games such as Full Spectrum Warrior —co-developed by university researchers, industry developers, and military contractors—contribute to the “banalization” of war, a subjective state wherein perpetual preparedness for war is accepted as a part of everyday life (100). Chapter five covers Michel Foucalt’s notion of “biopower,” the extension of capital accumulation to life itself. The authors argue that virtual worlds such as World of Warcraft , which take market capitalism as a given and force players into essentialist roles and racial antagonisms, are organized to maximize control and profit (often on the backs of virtual currency “farmers” in China and southeast Asia). Finally, they criticize the naïve assumption that humor and cynicism in the popular sandbox game franchise Grand Theft Auto offer any remedy to its racialized, violent content. Instead, such games indulge and normalize the fantasy of getting rich at any cost by keeping the realities of contemporary urban life and corporate greed at a safe distance (181). Part three of Games of Empire focuses on “games of multitude,” a preliminary attempt to escape from Empire’s order through alternate modes of videogame development and play. Multitude is defined dialectically, as “the engine and the enemy” of Empire (187). This is the most important, yet also most contradictory section of the text. It lays bare the process by which Empire and its media feed our creative and intellectual development to overabundance. At a certain point, the force of the multitude reaches such a level that it threatens the stability of Empire; however, instead of following Hardt and Negri’s utopian assumptions about the radical potential of the multitude, the authors here follow Paolo Virno’s warning that Empire is “very good at adopting apparently iconoclastic practices and utopian ideas as management techniques and revenue sources” (188). At every turn, advances in player configurative power provide new sources of revenue and advertising angles for the game industry. A disappointing shortcoming of these latter pages is the lack of truly new examples for radical resistance within game development. Instead, it turns out that the radical left seems satisfied with the same mild successes that the left-of-center also has celebrated: artist’s mods, virtual world activism, and critical counterplay within strategy- and wargames. Having been frequently cited by many authors before Dyer-Witheford and de Peuter, this idea of subversion or resistance through play feels tired and unpersuasive. It is unclear if the authors believe it is possible to embrace game design itself as a way of pursuing what they call “exodus” from Empire, or if an all-too-fashionable subversion is the only workable strategy. While the book does explore how the earliest independent game studios were eventually subverted and incorporated into the game industry proper, it doesn’t affirm or critique more recent non-commercial, DIY game development projects such as Klik-of-the-Month Club and Ludum Dare. Dyer-Witheford and de Peuter’s analysis of so-called “tactical games,” including the editorial works of La Molleindustria, leads to an even more ambivalent take on the contemporary design ecology. At the conclusion of his essay on “Countergaming,” Galloway asserts that avant-garde videogame artists “should create new grammars of action […] should create alternative algorithms” (Galloway 125). Yet Dyer-Witheford and de Peuter characterize works such as McDonald’s Video Game and Oiligarchy as didactic, suggesting that the role of radical political games might be “limited to that of agitprop” (199). They are concerned that games like those of Molleindustria rigidly structure the activities of their players in order to prove a point. Yet, despite their repeated assertion that the equation of greater interactivity with democratic digital liberation is flawed, the authors see potential in policy simulators that “allow players to edit or tweak” (202) their parameters in response to what Bogost has called simulation fever , the simultaneous drive toward and fear of simulation (Bogost 108). The possibility of practicing radical design is bucked, and early attempts at critical game development like those of Molleindustria’s seem to be relegated to the status of exceptions that prove the rule for player-centered exodus. Overall, there is one glaring question Games of Empire leaves unanswered: how exactly are videogames the “exemplary media” of Empire, and what are the implications of videogames being exemplary in this way? Presumably Dyer-Witheford and de Peuter want to avoid essentialist claims, so they’re not keen on following Wark’s desire to mark “the game’s difference from [legacy media] as something that speaks to changes in the overall structure of social and technical relations” (Wark 225). It is also unclear how the production apparatuses, labor standards, and subjectivizing processes involved in the creation and use of other any other kind of digital media would fail to justify their equally exemplary status. Even the book’s concluding paragraph holds that virtual games “are one molecular component of this undecidable collective mutation” (Dyer-Witheford and de Peuter 229) of intellect, labor, and daily life. In the end, the authors seem to back away from their focus on games as exemplary to bring their work in line with broader theories of the gradual digitization of the everyday, in line with Galloway and Manovich. Despite these flaws, there is an undeniable elegance to Games of Empire ’s contrasting of gaming’s overwhelmingly imperial content with its multitudinous form . And its ambivalence about the potential of independent or political game development might be seen by scholars of Empire as a strength rather than a weakness, an acceptance that every new expression of multitude offers another opportunity for the expansion of Empire. The book also functions as a strong, all-encompassing call to greater responsibility on the part of mainstream game developers to be more conscious of the ideologies they embed in their work, of the way their intellectual property is used and manipulated by those who employ them, and of the material impact their industry has on the world at large. For players it offers a toolbox of concepts for radical examinations of their own play activities, asking them to be more cognizant of the consequences of their consumption of digital media and the ways in which their virtual lives interface with the real. REFERENCES Bogost, Ian. Unit Operations: An Approach to Videogame Criticism . Cambridge, Mass.: MIT Press, 2006. Castranova, Edward. Synthetic Worlds: The Business and Culture of Online Games . Chicago, Illinois: University of Chicago Press, 2006. Dyer-Witheford, Nick and de Peuter, Greig. Games of Empire: Global Capitalism and Video Games . Minneapolis, Minnesota: University of Minnesota Press, 2009. Galloway, Alexander. Gaming: Essays on Algorithmic Culture . Minneapolis, Minnesota: University of Minnesota Press, 2006). Wark, McKenzie. Gamer Theory . Cambridge, Mass.: Harvard University Press, 2007. (shrink)

Im this paper I argue that Rawls distinguishes two different ways in which a system can be inconsistent with justice as fairness. The first concerns those systems that are based on principles that simply deny justice as fairness, as in the case of capitalism. The second concerns systems that, while pursuing aims similar to those of justice as fairness, are structured in ways that cause them to work very differently from their intended aims. Following Esping-Andersen’s identification of different “worlds” of (...) welfare states, I will show which specific kind of welfare state falls under Rawls’s first argument. (shrink)

This paper assesses G. A. Cohen's critique of Rawlsian special incentives. Two arguments are identified and criticized: an argument that the difference principle does not justify incentives because of a limitation on an agent's prerogative to depart from a direct promotion of the interests of the worst off, and an argument that justice is limited in its scope. The first argument is evaluated and defended from the criticism that once Cohen has conceded some ethically grounded special incentives he cannot (...) sustain his critique of special incentives. But it is finally rejected as a subtle form of an unreasonably demanding moral rigorism. The second argument is interpreted as the more plausible of Cohen's claims. It has, however, to be defended via two subsidiary theses: the claim that Rawls endorses a moral division of labour and that this in turn grounds a further commitment to moral dualism as opposed to moral monism. This argument is assessed and rejected. Neither the moral division of labour nor moral monism supports the claim that in applying the principles of justice to a basic structure one does not thereby apply them to the individuals constrained to act within that structure in the marketing of their labour. Nor is it plausible to identify local aspects of social relations where the principles of justice are suspended. Such principles are presupposed, for example in market relations or the family, but limitation in scope of direct application does not limit the scope of justification. That scope extends at least as far as individual decisions to market one's labour. The latter are made fair in the only possible way they could be made fair. Rawls's commitment to the revisionary socialism of James Meade illustrates this point. It is concluded that no version of Cohen's critique succeeds. However, Cohen's critique identifies the most plausible version of Rawls's egalitarianism. (shrink)

This essay applies the principle of justice as fairness to the issue of same-sex marriage. I will outline Rawls’s theory of justice, including the original position and the veil of ignorance as the means by which choosers craft a just state. In considering whether same-sex marriage should be permissible, I argue that a just society, formulated in the Rawlsian context of justice as fairness, should allow them. I assert that gays and lesbians do count as equal citizens because they (...) possess the minimum requirements of the capacity for a sense of justice, a conception of the good, and the ability to be cooperating members of society. Furthermore, within the original position gays and lesbians will be represented because choosers do not know their sexual orientation because it is one of the individual characteristics that are withheld behind the veil. Since the choosers do not know their sexual orientation, they will be unable to use that information in their construction of what counts as a just state comprised of free and equal citizens. Because the family, and the institution of marriage as a primary manifestation of the family, is one of the major social institutions within the basic structure, limitations must be carefully scrutinized. (shrink)

A comparative historical perspective shows how globalization and the specificities of China’s rapid growth era limit its hegemonic potential in the twenty-first century global economy. Although state capitalism and openness to foreign capital facilitated China’s economic transformation, interactions among three forms of capital—state, private, and foreign—have produced developmental dynamics that constrain China’s capacity to assume the position of the world’s economic hegemon. These include the compromised competitiveness of China’s corporate sector due to the domination of state-owned enterprises, (...) limits on the ability of Chinese firms to develop leading transnational corporations, and early openness to and continued dependence on foreign capital. Moreover, the party-state’s efforts to ameliorate these constraints arouse external suspicion rather than support a Chinese-led hegemonic order based on consent and shared interests. These historically conditioned realities should temper expectations that China is converging teleologically toward a familiar hegemonic role in the international economy. (shrink)

For a long time, Kant’s Doctrine of Right languished in relative neglect, even among Kantians. The work was best known for its uncompromising views on punishment and revolution, and for a seemingly limited and not particularly original emphasis on private property. Kant’s more interesting political claims were often said to be located elsewhere: in the third Critique (Hannah Arendt, Patrick Riley), or the structure of the critical project (Onora O’Neill). When John Rawls explained why his theory of justice could (...) be given a ‘Kantian interpretation’, he drew on concepts found just in Kant’s moral philosophy, bypassing the Doctrine of Right entirely. -/- In recent years, however, there has been an expanding body of work on the Doctrine of Right, by writers like B. Sharon Byrd and Joachim Hruschka, Arthur Ripstein, Elisabeth Ellis, and Lea Ypi. Ripstein and Ellis, in particular, have sought to reframe the arguments of Kant’s text in terms more congenial to contemporary legal and political theory. But can Kant’s arguments really be applied to twenty-first-century political debates? -/- The authors in this collection of essays explore this question in different ways, by looking at different aspects of Kant’s text. What is distinctive about Kant’s conception of the social contract, or human rights? Can a Kantian political philosophy concern itself with poverty and welfare rights? Can a Kantian affirm a conception of civil disobedience? What kind of view should a Kantian have of international relations? Can Kant’s views on punishment be reconciled with a conception of forgiveness? What would a Kantian position be in contemporary debates about marriage? -/- The authors of this volume do not always agree with one another, but they always seek to be faithful to the text, and to understand what a political position grounded in the Doctrine of Right would look like in twenty-first-century terms. (shrink)

This paper compares and contrasts the basic income proposal with the alternative policy proposal of the state acting as employer of last resort. Two versions of the UBI proposal are distinguished: one is hard to differentiate from expanded welfare state provision. Van Parijs’s proposal is radical enough to qualify as major egalitarian revision to capitalism. However, while it removes from a capitalist class the power to determine the terms on which others labour, it leaves this class in place (...) and able to exert other powers that distort the macro-economy. These include pecuniary emulation, demand pull inflation, and political resistance to full employment so that the rentier class does not have to contend with entrepreneurs *and* the working class over the distribution of the productive surplus. The state as employer of last resort proposal addresses these deeper issues while also claiming that inflationary pressure will undermine the UBI alternative. (shrink)

The first book-length study of property-owning democracy, Republic of Equals, argues that a society in which capital is universally accessible to all citizens is uniquely placed to meet the demands of justice. Arguing from a basis in liberal-republican principles, this expanded conception of the economic structure of society contextualizes the market to make its transactions fair. It shows that a property-owning democracy structures economic incentives such that the domination of one agent by another in the market is structurally impossible. The (...) result is a renovated form of capitalism in which the free market is no longer a threat to social democratic values but is potentially convergent with them. It is argued that a property-owning democracy has advantages that give it priority over rival forms of social organization such as welfare-state capitalism and market socialist institutions. The book also addresses the currently high levels of inequality in the societies of the developed West to suggest a range of policies that target the “New Inequality” of the twenty-first century. For this reason, the work engages not only with political philosophers such as John Rawls, Philip Pettit, and John Tomasi but also with the work of economists and historians such as Anthony B. Atkinson, François Bourguignon, Jacob S. Hacker, Lane Kenworthy, and Thomas Piketty. (shrink)

The first book length study of property-owning democracy, Republic of Equals argues that a society in which capital is universally accessible to all citizens is uniquely placed to meet the demands of justice. Arguing from a basis in liberal-republican principles, this expanded conception of the economic structure of society contextualizes the market to make its transactions fair. The author shows that a property-owning democracy structures economic incentives such that the domination of one agent by another in the market is structurally (...) impossible. The result is a renovated form of capitalism in which the free market is no longer a threat to social democratic values, but is potentially convergent with them. It is argued that a property-owning democracy has advantages that give it priority over rival forms of social organization such as welfare state capitalism and market socialist institutions. The book also addresses the currently high levels of inequality in the societies of the developed West to suggest a range of policies that target the "New Inequality" of our times. For this reason, the work engages not only with political philosophers such as John Rawls, Philip Pettit and John Tomasi, but also with the work of economists and historians such as Anthony B. Atkinson, François Bourguignon, Jacob S. Hacker, Lane Kenworthy, and Thomas Piketty. (shrink)

This paper foregrounds one argument in Rawls’s work that is crucial to his case for one, determinate, form of political economy: a property-owning democracy. Section one traces the evolution of this idea from the seminal work of Cambridge economist James Meade; section two demonstrates how a commitment to a property-owning democracy flows from Rawls’s own principles; section three focuses on Rawls’s striking critique of orthodox welfare state capitalism. This all sets the stage for an argument, presented in section (...) four, from the complexity of economic interactions to the strategy of making markets fair in the only feasible way that they can be made fair, namely, by “patterning” their effects. Section five concludes by asking whether any scheme of this general type is a realistic form of utopianism for a society such as ours. (shrink)

Current social and political theory is sceptical of the future of welfare states in the face of global markets. Their moral claims, too, have been challenged by the neo-liberal association of market capitalism and individual freedom and by an implicit acceptance of that critique - of the welfare state as bureaucratic - by left-wing commentators. This article offers a defence of the national welfare state as the guarantor of `complex freedom'. This defence is derived from the theoretical (...) contributions of Marshall, Polanyi and Myrdal and offers a reconsideration of the debate immediately after the second world war over the welfare state and its relevance today. Marshall's concept of social rights has become a familiar part of our own debate, but it is argued that Polanyi provides the rigorous critique of market relationships which is missing, and Myrdal locates gender issues as central to the understanding of welfare state development and women's rights as integral to social rights. (shrink)

A Theory of Justice, by John Rawls, is widely regarded as the most important twentieth-century work of Anglo-American political philosophy. It transformed the field by offering a compelling alternative to the dominant utilitarian conception of social justice. The argument for this alternative is, however, complicated and often confusing. In this book Jon Mandle carefully reconstructs Rawls's argument, showing that the most common interpretations of it are often mistaken. For example, Rawls does not endorse welfare-state capitalism, and he is (...) not a 'luck egalitarian' as is widely believed. Mandle also explores the relationship between A Theory of Justice and the developments in Rawls's later work, Political Liberalism, as well as discussing some of the most influential criticisms in the secondary literature. His book will be an invaluable guide for anyone seeking to engage with this ground-breaking philosophical work. (shrink)

Following media-theoretical studies that have characterized digitization as a process of all-encompassing cybernetization, this paper will examine the timely and critical potential of Günther Anders’s oeuvre vis-à-vis the ever-increasing power of cybernetic devices and networks. Anders has witnessed and negotiated the process of cybernetization from its very beginning, having criticized its tendency to automate and expand, as well as its circular logic and ‘integral power’, including disruptive consequences for the constitution of the political and the social. In this vein, Anders’s (...) works, particularly his magnum opus Die Antiquiertheit des Menschen [The Obsolescence of Man], sheds new light on the technologically organized milieus of the contemporary digital regime and also highlights a new form of cybernetic ‘conformism’. The goal of the essay is therefore, not only to emphasize the contemporary nature of Anders’s thought but also to use it to frame a critique of current neo-technocratic and, ultimately, post-political concepts, such as ‘algorithmic regulation’, ‘smart states’, ‘direct technocracy’, and ‘government as platform’. This essay argues that cybernetic capitalism is causing what Anders terms ‘ Unfestgelegtheit’ to disappear; that is, we are losing the originary possibility of technologically structuring our world in alternative ways, particularly given the determinist character of current technologies. (shrink)

A Theory of Justice, by John Rawls, is widely regarded as the most important twentieth-century work of Anglo-American political philosophy. It transformed the field by offering a compelling alternative to the dominant utilitarian conception of social justice. The argument for this alternative is, however, complicated and often confusing. In this book Jon Mandle carefully reconstructs Rawls's argument, showing that the most common interpretations of it are often mistaken. For example, Rawls does not endorse welfare-state capitalism, and he is (...) not a "luck egalitarian" as is widely believed.Mandle also explores the relationship between A Theory of Justice and the developments in Rawls's later work, Political Liberalism, as well as discussing some of the most influential criticisms in the secondary literature. His book will be an invaluable guide for anyone seeking to engage with this ground-breaking philosophical work"--Provided by publisher. (shrink)

The desire to formulate a viable treaty framework for women’s rights that will meet the challenges of the sociocultural peculiarities in Africa led to the emergence of the original draft Protocol to the African Charter on Human and People's Rights on the Rights of Women in the twilight years of the Organization of African Unity (OAU). Without doubt, the recent adoption of the African Women’s Protocol by the Assembly of African Heads of State and Government in July 2003 is (...) a welcome development coming at a most opportune time. However, if the African Women’s Protocol is to serve its purposes in an effective way, it is absolutely necessary to articulate the normative and structural modalities that would secure the achievement of its stated ends. It is therefore in the quest for defining the strategic parameters of this new-fangled instrument that I analyze the normative promises as well as notable structural and conceptual limitations inherent in the African Women's Protocol with a view to identifying trajectories for its sustained relevance and viability. I address these concerns against the backdrop of the instrument’s provisions. (shrink)

Jeppe von Platz has recently argued that welfare-state capitalism can be justified by a theory of democratic equality, challenging John Rawls’s critique of capitalism. Von Platz develops his argument by introducing a social democratic interpretation of democratic equality as an alternative to Rawls’s justice as fairness. Unlike justice as fairness, in which there is only one possible principle of reciprocity (the difference principle), social democracy includes four possible principles in an eligible set that could be chosen as a (...) principle of reciprocity. However, I argue that von Platz’s conception of reciprocity still fails to justify welfare-state capitalism. Of the four principles of reciprocity in social democracy’s eligible set, one of them, the principle of utility, does not express a notion of reciprocity and thus does not belong. The other three – the principle of equality, the difference principle, and the principle of equity – are not compatible with welfare-state capitalism. Thus, since capitalism cannot satisfy a principle of reciprocity in the (revised) eligible set, it is incompatible with the social democratic interpretation of democratic equality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, where the (...) rite of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)

QUESTION: We would like to begin this discussion of the welfare state and the future of socialism by asking you about several substantive aspects of your work on the limitations of the welfare state. To begin with, why do you often say that late capitalist systems can neither live with nor without the welfare state? Do you consider this to be their fundamental contradiction?OFFE: A short-hand defintion of a contradiciton is that it is a condition in (...) which certain indispensable elements of a social structure cannot be integrated because they are at odds with each other. So to speak, the social structure paralyzes itself because the elements necessary for its survival at the same time render it impossible. (shrink)

Is the 20th Century as obviously preferable to all other times as Rawls would have us assume? Is 20th Century Stockholm preferable to 12th Century Florence in each and every way? In 12th Century Florence men lived without liberty or equality. Yet Florentines were reasonably happy, accepted their place in life, and communicated directly with others. R. Dworkin, ‘The Social Contract’, The Sunday Times, 9 July 1972, p. 31. It was a society with sharply marked class distinctions. In such a (...) society the lowly can gain more self-respect through identity, excellence, and capacity within their station than in an egalitarian society. The lowly can perceive the importance of their labour, be secure that their place is assured by powerful protectors, see models of virtue to admire, and derive a sense of contributing to a meangingful social drama. They may also learn something of the difference between the noble and the ignoble. Are these not qualities Aristotle would appreciate? Medieval man was certainly not free but 'sneither was he alone and isolated ... Man was rooted in a structuralized whole, and thus life had a meaning which left no place, and no need, for doubt.Eric Fromm, Escape From Freedom (New York: Rinehart, 1941), p. 41. In a brief reference to feudalism Rawls himself seems to realise this state of affairs (74). In contrast, Stockholm is a competitive society where loneliness, anxiety, and identity crises have been endlessly documented by social scientists, all occurring despite the high material standard of living. Yet Stockholm would seem to be the model for Rawls and obviously not Florence. One wonders if this social scientific knowledge of Stockholm will be part of the knowledge available to persons in the original position.One critic lauds Rawls's grasp of the social sciences, but perhaps he is not serious, see Hugo Bedau, ‘Rawls’, Nation, 11 September 1972.Justice is not quantitative but qualitative, so Aristotle might say in a brief discussion. In a just society a person's possessions and consumptions are not on the minds of the other people with whom they meet and treat. When Odysseus came home he was delighted to climb into a peasant's cart to ride the last mile home. Contrast this king with King Arthur riding with another peasant on another road, choking with the anxiety that he may not be acting kingly by being in the cart. In Ithaca both king and commoner were sure of each other and, more importantly of themselves. (shrink)

The welfare reform law of 1996 completely overhauled the nation's system of assistance to low-income families. The reauthorization of that law, now several months overdue because of congressional delays, presents an opportunity for religious social ethicists to evaluate the adequacy of our nation's anti-poverty efforts. This paper surveys policy developments from 1996 to 2003 and analyzes five key issues in the reauthorization debate: the size and structure of welfare block grants; work requirements; welfare time limits, sanctions, and exemptions; marriage promotion (...) and the family cap; and ancillary programs providing work supports such as food stamps, Medicaid, and child care subsidies. A variety of ethical critiques of policy proposals is offered, some of them from the perspective of Catholic social teaching. The trail of missed opportunities in welfare reform will probably continue, as American social policy fails to act upon an accurate portrayal of the challenges facing poor families today. (shrink)

This book presents a critical reconstruction of the social and political facets of Thomas Hill Green’s liberal socialism. It explores the complex relationships Green sees between human nature, personal freedom, the common good, rights and the state. It explores Green’s analysis of free exchange, his critique of capitalism and his defence of trade union activity and the cooperative movement. It establishes that Green gives only grudging support to welfarism, which he saw as a conservative mechanism in effect if (...) not conscious design. It is shown that he believes state provision of welfare to be justified only to the extent that peasants and the proletariat lack a culture and institutions which enable them to assert themselves against abusive landlords and capitalists. Ultimately, it is shown that Green’s guiding ideal is the creation of a eudaimonically-enriching kingdom of ends, which favours the creation of a dynamic and free society driven by mass participation through decentralised social and political institutions. This book builds on Colin Tyler’s The Metaphysics of Self-realisation and Freedom, although it can also be read as a freestanding work. (shrink)

In the past decade, scholars such as Samuel Freeman, Martin O’Neill, Alan Thomas and others have argued that no matter how widely Rawls’s theory of justice (TJ) was understood as a defence of the welfare state (WS), the socio-economic system Rawls defends and always defended is property-owing democracy (POD). In this article I present the argument that Rawls did not defend POD in TJ. However, while the claim that it was POD the socio-economic system implied by the principle of (...) difference generated heated reactions by defenders of the WS, the argument I raise differs from most of them. In the article I maintain that, for Rawls, principles of justice underdetermine the choice of social systems, and that although this is true of both principles, it is especially true of the difference principle, whose ability to arbitrate between different social and economic policies is limited. I show how the attempt to uniquely determine the set of social and economic policies authorized by the difference principle clashes with what Rawls explicitly states in TJ and contrasts with central aspects of his sociological and political conception of socio-economic decision-making. Although my aim is to show that the difference principle itself does not discriminate among socio-economic systems, this does not preclude that additional reasons can help in narrowing the range of socio-economic systems allowed. With reference to the ideal of social union that Rawls expounds in the third part of TJ, I argue that TJ does, in fact, offer additional reasons to appraise the WS as preferable to POD. I maintain that the centrality Rawls attributes to the social unity of a just society provides the basis for an understanding of Rawls’s position towards POD after TJ. (shrink)

With a few exceptions, critical theorists have been late to provide a comprehensive diagnosis of neoliberalism comparable in scope to their extensive analyses of advanced welfare state capitalism. Instead, the main lines of critical theory have focused on questions of international justice which, while no doubt significant, restrict the scope of critical theory by deemphasizing linkages to larger political and economic conditions. Providing a critique of the Frankfurt School, Brian Caterino and Phillip Hansen move beyond its foundations, and (...) call for a rethinking of the bases of critical theory as a practical, freedom-creating project. Outlining a resurgence of neoliberalism, the authors encourage a fresh, nuanced analysis that elucidates its political and economic structures and demonstrates the threats to freedom and democracy that neoliberalism poses; the reformulation of a radical democratic alternative to neoliberalism, one that critically addresses its limitations while promoting an enhancement of communicative and social freedom. (shrink)

The aim of this essay is to Max Stirner's critique of liberalism and to show the ways in which his rejection of essential identities and universal rational structures allows us to reflect upon the limits and epistemological conditions of liberal political theory. Through his rejection of Feuerbachian humanism, Stirner unmasked the obscurantism and domination behind modern secular political systems like liberalism, which was still trapped in idealist abstractions and universal assumptions derived from Christianity. He showed that liberalism, which is (...) founded on the idea of the autonomous and rational individual, is actually a denial of individual difference and singularity and a mediation and disciplining of subjectivity through the structures of state authority. Moreover, Stirner's extreme individualism, while problematic in many respects, nevertheless points to the possibility of a reformulation of liberalism in terms of a contemporary politics of singularity and difference. (shrink)

In the Global North, Urban Agriculture is being considered as a way to overcome malnutrition and promote local, ethical production. UA can be understood through two phenomena integral to the capitalist mode of production: capital centralisation and rent. Centralisation explains why capitalist agriculture industrialises, while rent provides a theoretical framework for understanding how social and spatial relations structure urban land uses. Urban farming can occupy niches of the capitalist marketplace; however, its prospects for replacing large-scale agriculture and providing similar use-values (...) are limited. Its expansion is bounded by rising land values expressed in rent, as Detroit’s urban farm, Markham’s food belt, Los Angeles’s community garden, and initiatives in other cities demonstrate. The key tasks for political ecologists are two-fold: situating UA within capital’s drive to accumulate and proposing strategic perspectives that challenge these inherent tendencies. (shrink)

This article assesses John Rawls's case against the welfare state as a means for implementing socio-economic justice, and for a ‘property-owning democracy’, from both a normative and a methodological point of view. It points out several flaws of Rawls's critique of the welfare state, through a focus on an existing variety of it — a Swedish-style universal welfare state — which can be said to be relatively successful, both in terms of normative merits and (...) in terms of institutional stability and capacity for self-perpetuation. On this basis, the article argues that a universal welfare state should constitute the institutional bedrock of Rawlsian social justice, even though it cannot completely fulfil all its requirements. It also develops some reasons to think that, in order to adequately and stably implement those requirements of Rawlsian justice that cannot be fulfilled even by a universal welfare state, the latter should be supplemented by democratic socialism, not by a ‘property-owning democracy’. (shrink)

Sociologist Niklas Luhmann argued that the law functions as society’s immune system by regulating conflicts that threaten the certainty of expectation structures. In this article, we argue that law itself has become a target of new social immune mechanisms. Since the 1980s, welfare states have increasingly seen their own structures as a threat. Today, the ideal is a public sector consisting of organizations that constantly emerge anew by selecting the structures that fit each specific moment, case, and citizen. To protect (...) public sector organizations against their own structures, ‘potentialization’ now functions as a social autoimmune mechanism by initiating a constant search for new openings and possibilities. This critique of structures includes a critique of legal structures like rights. Looking at the Danish law of early retirement as our empirical case, this paper analyzes, how the tension between law and ‘potentialization’ is built into the law itself. While the law gives citizens certain rights to early retirement, it simultaneously ‘protects’ against the same rights by potentializing citizens. ‘Potentialization’ here functions as a mechanism that protects the operations of a system against its legal structures. It functions by ‘un-relating’ those operations from the structures. This means that when citizens claim their right to pensions, the social workers can reject them on the grounds of a right to a future that is not foreclosed and ‘parked’ on a pension. The paper’s contribution is to show how potentialization works by dissolving even fundamental legal expectations. This profoundly transforms the relationship between the citizen and the public sector. (shrink)

ABSTRACT:This paper re-examines the import of Rawls’s theory of justice for private sector institutions in the face of the decline of the welfare state. The argument is based on a Rawlsian conception of justice as the establishment of a basic structure of society that guarantees a fair distribution of primary goods. We propose that the decline of the welfare state witnessed in Western countries over the past forty years prompts a reassessment of the boundaries of the basic structure (...) in order to include additional corporate institutions. A discussion centered on the primary good of self-respect, but extensible to power and prerogatives as well as income and wealth, examines how the legislator should intervene in private sector institutions to counterbalance any unfairness that results from the decline of the welfare state. (shrink)

The Marxist theory of crisis has fallen on hard times. Marx's ‘law of the tendency of the rate of profit to fall’, generally seen, at least in recent times, as the basis of the theory, is now widely rejected by economists who regard themselves as broadly working in his tradition. This state of affairs is in large part a consequence on the larger assault on mounted on the theoretical structure of Capital by self-proclaimed supporters of Piero Sraffa during the (...) 1970s. Analytical Marxism, during its brief efflorescence in the 1980s, took for granted the validity of the Sraffian critique. One of this school's more vulgar advocates published an ‘obituary’ of the TRPF which dismissed Marxists' attachment to the theory as a result of the influence of ‘“extra-scientific” considerations’ on them. The editors of a dictionary of Marxian economics expressed the hope not long ago that the resolution of the debate provoked by the Sraffian critique would be to ‘release Marxian ideas on crises, growth, imperialism, the social and economic evolution of forms of production, and so on, into the mainstream of economics’. (shrink)

Over the last decade there has been a veritable explosion of Anglo-American interest in the works of Weimar constitutional and political theorist, Carl Schmitt. There has been concurrently a revival in the treatment of technology as a subject worthy of social-philosophical inquiry. Yet the two scholarly movements have surprisingly passed each other by. Surprisingly because as I demonstrate the German critique of technology is crucial for understanding the works of Schmitt, especially his criticisms of liberalism, and vice versa, theoretical (...) confrontations with technology, often dismissed as excessively abstract, could benefit greatly by observing the way in which Schmitt incorporated theoretical engagements with technology into practical-political treatises. The conjuncture of the critiques of liberalism and technology in Schmitt's writings may shed fresh light on the perennial problem of "technocracy" in liberal democracies and the potential for authoritarianism latent within it. The context in which fascism first emerged in Europe was characterized by a structural transformation--a fusion--of the economy, society and politics as welfare state conditions eclipsed the nineteenth century's--supposedly separate--state/society configuration. As the perceived agent of this transformation technology consequently aroused exhilaration, awe and fear irrespective of whether it was perceived as beneficial or detrimental. The analyses on the part of the intellectuals who engaged technology in this context were sometimes hysterical but also sometimes quite perspicacious. Soviet Communism, fascism and liberal technocracy were all posed as solutions to this situation. Since the 1970s industrial societies have undergone another structural transformation as a Fordist welfare state configuration gives way to a globalized one. This process has brought down Soviet Communism, but fascism has reemerged and liberal technocracy transmutes itself in not necessarily progressive ways. The considerations on these political alternatives in the wake of this century's first technological transformation by fascism's most brilliant promoter and liberalism's most relentless critic may not provide facile answers in the midst of this century's second transformation. But we must properly understand the past to accurately assess the present and insure that the disastrous outcome that befell a fragile liberal democracy such as Weimar's does not occur again. (shrink)

In the work of Karl Polanyi, the negative effects of a self-regulating market economy are described as being limited by societal forces such as the policies of the welfare state. With the decline of the modern welfare state since the late 1970s, social activities of business firms are increasingly regarded as an important complement to or even as a substitute for welfare state policies by a part of the literature. However, and controversially, another stream of argumentation regards (...) these activities as being aimed at advancing the reach of market forces. To fully grasp the ambiguous nature of the social activities of business, in this paper I provide an account of affirmative as well as of critical interpretations of these activities throughout the history of modern capitalism. On this basis, the power of critique to disentangle the diverse motivations that underlie the social engagement of business is highlighted as a condition for facilitating a role of business in society that balances economic and social considerations. (shrink)

This chapter contains sections titled: Why a Politics of Property‐Owning Democracy Is Needed Property‐Owning Democracy and Public Opinion Property‐Owning Democracy Versus the Welfare State, Revisited The Viability of Property‐Owning Democracy The Core Issue: The Morality of Large‐Scale Taxation of the Very Rich From Moral Critique to Mobilization: Who Would Be For Property‐Owning Democracy? Conclusion: Going Public With Property‐Owning Democracy References.

ABSTRACTWe examine Marx's critiques of language, politics, and capitalist political economy and show how these anticipated critical discourse and argumentation analysis and ‘cultural political economy’. Marx studied philology and rhetoric at university and applied their lessons critically. We illustrate this from three texts. The German Ideology critically explores language as practical consciousness, the division of manual and mental labor, the state, hegemony, intellectuals, and specific ideologies. The Eighteenth Brumaire studies the semantics and pragmatics of political language and how it (...) represents the class content of politics and contributes to social transformation. Capital deconstructs the categories of classical political economy and their constitutive role in capitalist social relations. This is one aspect of CPE. Capital also highlights the structural and agential aspects of these relations, their contradictory dynamic, and their crisis-prone character. We comment on this aspect too. This said, Marx held that social transformation is mediated through political imaginaries and highlighted the need for the proletariat to develop a ‘poetry’ of the future. We then consider the misleading ‘base-superstructure’ metaphor and note how, against the thrust of Marx's work, it tends to reify culture. The article concludes that Marx contributed to the critique of semiotic as well as political economy. (shrink)

Although the economic thought of Marshall and Pigou was united by ethical positions broadly considered utilitarian, differences in their intellectual milieu led to degrees of difference between their respective philosophical visions. This change in milieu includes the influence of the little understood period of transition from the early idealist period in Great Britain, which provided the context to Marshall’s intellectual formation, and the late British Idealist period, which provided the context to Pigou’s intellectual formation. During this latter period, the pervading (...) Hegelianism and influences of naturalism arising from the ideas of Charles Darwin and Herbert Spencer were challenged by Hermann Lotze, a key transitional thinker influencing the Neo-Kantian movement, who recognised significant limits of naturalism, on the one hand, and the metaphysical tenor of absolute idealism, on the other, and attempted to provide a balance between the two. The goal of this paper is to make the provisional case for the argument that Pigou’s views on ethics were not only directly influenced by utilitarian thinkers like Mill and Sidgwick, but they were also indirectly influenced by Hermann Lotze, via the influence of the Neo- Kantian movement on late British idealism. To that end, Pigou’s essays in The Trouble with Theism (1908), including his sympathetic consideration of the ethics of Friedrich Nietzsche, reflect the influence of Lotze indirectly through the impact at Cambridge of: James Ward’s critique of associationist psychology, and consideration of the limits of naturalism including the critique of evolutionary ethics; Bertrand Russell’s rejection of neo-Hegelianism and, together with Alfred North Whitehead, the development of Logicism; and G.E. Moore’s critique of utilitarian ethics on the basis of the naturalistic fallacy and the development of his own intuitionist system of ethics. (shrink)

continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has followed, (...) has been a defense against horror and madness. Kant's prohibition on speculative metaphysics such as dogmatic metaphysics and transcendental realism, on thinking beyond the imposition of transcendental and moral constraints, has been challenged by numerous figures proceeding him. One of the more interesting critiques of Kant comes from the mad black Deleuzianism of Nick Land stating, “Kant’s critical philosophy is the most elaborate fit of panic in the history of the Earth.” And while Alain Badiou would certainly be opposed to the libidinal investments of Land's Deleuzo-Guattarian thought, he is likewise critical of Kant's normative thought-bureaucracies: Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism—always asking Quid Juris? Or ‘Haven’t you crossed the limit?’—combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [….] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism. I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it. An entire nexus of the limits of reason and philosophy are set up here, namely that the critical philosophy not only defends thought from madness, philosophy from madness, and philosophy from itself, but that philosophy following the advent of the critical enterprise philosophy becomes auto-vampiric; feeding on itself to support the academy. Following Francois Laruelle's non-philosophical indictment of philosophy, we could go one step further and say that philosophy operates on the material of what is philosophizable and not the material of the external world. [1] Beyond this, the Kantian scheme of nestling human thinking between our limited empirical powers and transcendental guarantees of categorical coherence, forms of thinking which stretch beyond either appear illegitimate, thereby liquefying both pre-critical metaphysics and the ravings of the mad in the same critical acid. In rejecting the Kantian apparatus we are left with two entities – an unsure relation of thought to reality where thought is susceptible to internal and external breakdown and a reality with an uncertain sense of stability. These two strands will be pursued, against the sane-seal of post-Kantian philosophy by engaging the work of weird fiction authors H.P. Lovecraft and Thomas Ligotti. The absolute inhumanism of the formers universe will be used to describe a Shoggothic Materialism while the dream worlds of the latter will articulate the mad speculation of a Ventriloquil Idealism. But first we must address the relation of philosophy to madness as well as philosophy to weird fiction. /1/ – Philosophy and Madness There is nothing that the madness of men invents which is not either nature made manifest or nature restored. Michel Foucault. Madness and Civilization. The moment I doubt whether an event that I recall actually took place, I bring the suspicion of madness upon myself: unless I am uncertain as to whether it was not a mere dream. Arthur Schopenhauer. The World as Will and Idea, Vol. 3. Madness is commonly thought of as moving through several well known cultural-historical shifts from madness as a demonic or otherwise theological force, to rationalization, to medicalization psychiatric and otherwise. Foucault's Madness and Civilization is well known for orientating madness as a form of exclusionary social control which operated by demarcating madness from reason. Yet Foucault points to the possibility of madness as the necessity of nature at least prior to the crushing weight of the church. Kant’s philosophy as a response to madness is grounded by his humanizing of madness itself. As Adrian Johnston points out in the early pages of Time Driven pre-Kantian madness meant humans were seized by demonic or angelic forces whereas Kantian madness became one of being too human. Madness becomes internalized, the external demonic forces become flaws of the individual mind. Foucault argues that, while madness is de-demonized it is also dehumanized during the Renaissance, as madmen become creatures neither diabolic nor totally human reduced to the zero degree of humanity. It is immediately clear why for Kant, speculative metaphysics must be curbed – with the problem of internal madness and without the external safeguards of transcendental conditions, there is nothing to formally separate the speculative capacities for metaphysical diagnosis from the mad ramblings of the insane mind – both equally fall outside the realm of practicality and quotidian experience. David-Menard's work is particularly useful in diagnosing the relation of thought and madness in Kant's texts. David-Menard argues that in Kant's relatively unknown “An Essay on the Maladies of the Mind” as well as his later discussion of the Seer of Swedenborg, that Kant formulates madness primarily in terms of sensory upheaval or other hallucinatory theaters. She writes: “madness is an organization of thought. It is made possible by the ambiguity of the normal relation between the imaginary and the perceived, whether this pertains to the order of sensation or to the relations between our ideas” Kant's fascination with the Seer forces Kant between the pincers of “aesthetic reconciliation” – namely melancholic withdrawal – and “a philosophical invention” – namely the critical project. Deleuze and Guattari's schizoanalysis is a combination and reversal of Kant's split, where an aesthetic over engagement with the world entails prolific conceptual invention. Their embrace of madness, however, is of course itself conceptual despite all their rhizomatic maneuvers. Though they move with the energy of madness, Deleuze and Guattari save the capacity of thought from the fangs of insanity by imbuing materiality itself with the capacity for thought. Or, as Ray Brassier puts it, “Deleuze insists, it is necessary to absolutize the immanence of this world in such a way as to dissolve the transcendent disjunction between things as we know them and as they are in themselves”. That is, whereas Kant relied on the faculty of judgment to divide representation from objectivity Deleuze attempts to flatten the whole economy beneath the juggernaut of ontological univocity. Speculation, as a particularly useful form of madness, might fall close to Deleuze and Guattari’s shaping of philosophy into a concept producing machine but is different in that it is potentially self destructive – less reliant on the stability of its own concepts and more adherent to exposing a particular horrifying swath of reality. Speculative madness is always a potential disaster in that it acknowledges little more than its own speculative power with the hope that the gibbering of at least a handful of hysterical brains will be useful. Pre-critical metaphysics amounts to madness, though this may be because the world itself is mad while new attempts at speculative metaphysics, at post-Kantian pre-critical metaphysics, are well aware of our own madness. Without the sobriety of the principle of sufficient reason we have a world of neon madness: “we would have to conceive what our life would be if all the movements of the earth, all the noises of the earth, all the smells, the tastes, all the light – of the earth and elsewhere, came to us in a moment, in an instant – like an atrocious screaming tumult of things”. Speculative thought may be participatory in the screaming tumult of the world or, worse yet, may produce its spectral double. Against theology or reason or simply commonsense, the speculative becomes heretical. Speculation, as the cognitive extension of the horrorific sublime should be met with melancholic detachment. Whereas Kant's theoretical invention, or productivity of thought, is self -sabotaging, since the advent of the critical project is a productivity of thought which then delimits the engine of thought at large either in dogmatic gestures or non-systematizable empirical wondrousness. The former is celebrated by the fiction of Thomas Ligotti whereas the latter is espoused by the tales of H.P. Lovecraft. /2/ – Weird Fiction and Philosophy. Supernatural horror, in all its eerie constructions, enables a reader to taste treats inconsistent with his personal welfare. Thomas Ligotti Songs of a Dead Dreamer. I choose weird stories because they suit my inclination best—one of my strongest and most persistent wishes being to achieve,momentarily, the illusion of some strange suspension or violation of the galling limitations of time, space, and natural law which forever imprison us and frustrate our curiosity about the infinite cosmic spaces beyond the radius of our sight and analysis H.P. Lovecraft. “Notes on Writing Weird Fiction” Lovecraft states that his creation of a story is to suspend natural law yet, at the same time, he indexes the tenuousness of such laws, suggesting the vast possibilities of the cosmic. The tension that Lovecraft sets up between his own fictions and the universe or nature is reproduced within his fictions in the common theme of the unreliable narrator; unreliable precisely because they are either mad or what they have witnessed questions the bounds of material reality. In “The Call of Cthulhu” Lovecraft writes: The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents. We live on a placid island of ignorance in the midst of black seas of infinity, and it was not meant that we should voyage far. The sciences, each straining in its own direction, have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the deadly light into the peace and safety of a new dark age. Despite Lovecraft's invocations of illusion, he is not claiming that his fantastic creations such as the Old Ones are supernatural but, following Joshi, are only ever supernormal. One can immediately see that instead of nullifying realism Lovecraft in fact opens up the real to an unbearable degree. In various letters and non-fictional statements Lovecraft espoused strictly materialist tenets, ones which he borrowed from Hugh Elliot namely the uniformity of law, the denial of teleology and the denial of non-material existence. Lovecraft seeks to explore the possibilities of such a universe by piling horror upon horror until the fragile brain which attempts to grasp it fractures. This may be why philosophy has largely ignored weird fiction – while Deleuze and Guattari mark the turn towards weird fiction and Lovecraft in particular, with the precursors to speculative realism as well as contemporary related thinkers have begun to view Lovecraft as making philosophical contributions. Lovecraft's own relation to philosophy is largely critical while celebrating Nietzsche and Schopenhauer. This relationship of Lovecraft to philosophy and philosophy to Lovecraft is coupled with Lovecraft's habit of mercilessly destroying the philosopher and the figure of the academic more generally in his work, a destruction which is both an epistemological destruction and an ontological destruction. Thomas Ligotti's weird fiction which he has designated as a kind of “confrontational escapism” might be best described in the following quote from one of his shortstories, “The human phenomenon is but the sum of densely coiled layers of illusion each of which winds itself on the supreme insanity. That there are persons of any kind when all there can be is mindless mirrors laughing and screaming as they parade about in an endless dream”. Whereas Lovecraft's weirdness draws predominantly from the abyssal depths of the uncharted universe, Ligotti's existential horror focuses on the awful proliferation of meaningless surfaces that is, the banal and every day function of representation. In an interview, Ligotti states: We don't even know what the world is like except through our sense organs, which are provably inadequate. It's no less the case with our brains. Our whole lives are motored along by forces we cannot know and perceptions that are faulty. We sometimes hear people say that they're not feeling themselves. Well, who or what do they feel like then? This is not to say that Ligotti sees nothing beneath the surface but that there is only darkness or blackness behind it, whether that surface is on the cosmological level or the personal. By addressing the implicit and explicit philosophical issues in Ligotti's work we will see that his nightmarish take on reality is a form of malevolent idealism, an idealism which is grounded in a real, albeit dark and obscure materiality. If Ligotti's horrors ultimately circle around mad perceptions which degrade the subject, it takes aim at the vast majority of the focus of continental philosophy. While Lovecraft's acidic materialism clearly assaults any romantic concept of being from the outside, Ligotti attacks consciousness from the inside: Just a little doubt slipped into the mind, a little trickle of suspicion in the bloodstream, and all those eyes of ours, one by one, open up to the world and see its horror [...] Not even the solar brilliance of a summer day will harbor you from horror. For horror eats the light and digests it into darkness. Clearly, the weird fiction of Lovecraft and Ligotti amount to a anti-anthrocentric onslaught against the ramparts of correlationist continental philosophy. /3/ – Shoggothic Materialism or the Formless Formless protoplasm able to mock and reflect all forms and organs and processes—viscous agglutinations of bubbling cells—rubbery fifteen-foot spheroids infinitely plastic and ductile—slaves of suggestion, builders of cities—more and more sullen, more and more intelligent, more and more amphibious, more and more imitative—Great God! What madness made even those blasphemous Old Ones willing to use and to carve such things? H.P. Lovecraft. “At the Mountains of Madness” On the other hand, affirming that the universe resembles nothing and is only formless amounts to saying that the universe is something like a spider or spit. Georges Bataille. “Formless”. The Shoggoths feature most prominently in H.P. Lovecraft's shortstory “At the Mountains of Madness” where they are described in the following manner: It was a terrible, indescribable thing vaster than any subway train – a shapeless congeries of protoplasmic bubbles, faintly self -luminous, and with myriads of temporary eyes forming and un-forming as pustules of greenish light all over the tunnel-filling front that bore down upon us, crushing the frantic penguins and slithering over the glistening floor that it and its kind had swept so evilly free of all litter. The term is a litmus test for materialism itself as the Shoggoth is an amorphous creature. The Shoggoths were living digging machines bio engineered by the Elder Things, and their protoplasmic bodies being formed into various tools by their hypnotic powers. The Shoggoths eventually became self aware and rose up against their masters in an ultimately failed rebellion. After the Elder Ones retreated into the oceans leaving the Shoggoths to roam the frozen wastes of the Antarctic. The onto-genesis of the Shoggoths and their gross materiality, index the horrifyingly deep time of the earth a concept near and dear to Lovecraft's formulation of horror as well as the fear of intelligences far beyond, and far before, the ascent of humankind on earth and elsewhere. The sickly amorphous nature of the Shoggoths invade materialism at large, where while materiality is unmistakably real ie not discursive, psychological, or otherwise overly subjectivist, it questions the relation of materialism to life. As Eugene Thacker writes: The Shoggoths or Elder Things do not even share the same reality with the human beings who encounter them—and yet this encounter takes place, though in a strange no-place that is neither quite that of the phenomenal world of the human subject or the noumenal world of an external reality. Amorphous yet definitively material beings are a constant in Lovecraft's tales. In his tale “The Dream-Quest of Unknown Kadatth” Lovecraft describes Azathoth as, “that shocking final peril which gibbers unmentionably outside the ordered universe,” that, “last amorphous blight of nethermost confusion which blashphemes and bubbles at the centre of all infinity,” who, “gnaws hungrily in inconceivable, unlighted chambers beyond time”. Azathoth's name may have multiple origins but the most striking is the alchemy term azoth which is both a cohesive agent and a acidic creation pointing back to the generative and the decayed. The indistinction of generation and degradation materially mirrors the blur between the natural and the unnatural as well as life and non-life. Lovecraft speaks of the tension between the natural and the unnatural is his short story “The Unnameable.” He writes, “if the psychic emanations of human creatures be grotesque distortions, what coherent representation could express or portray so gibbous and infamous a nebulousity as the spectre of a malign, chaotic perversion, itself a morbid blasphemy against Nature?”. Lovecraft explores exactly the tension outlined at the beginning of this chapter, between life and thought. At the end of his short tale Lovecraft compounds the problem as the unnameable is described as “a gelatin—a slime—yet it had shapes, a thousand shapes of horror beyond all memory”. Deleuze suggests that becoming-animal is operative throughout Lovecraft's work, where narrators feel themselves reeling at their becoming non-human or of being the anomalous or of becoming atomized. Following Eugene Thacker however, it may be far more accurate to say that Lovecraft's tales exhibit not a becoming-animal but a becoming-creature. Where the monstrous breaks the purportedly fixed laws of nature, the creature is far more ontologically ambiguous. The nameless thing is an altogether different horizon for thought. The creature is either less than animal or more than animal – its becoming is too strange for animal categories and indexes the slow march of thought towards the bizarre. This strangeness is, as aways, some indefinite swirling in the category of immanence and becoming. Bataille begins “The Labyrinth” with the assertion that being, to continue to be, is becoming. More becoming means more being hence the assertion that Bataille's barking dog is more than the sponge. This would mean that the Shoggotth is altogether too much being, too much material in the materialism. Bataille suggests that there is an immanence between the eater and the eaten, across the species and never within them. That is, despite the chaotic storm of immanence there must remain some capacity to distinguish the gradients of becoming without reliance upon, or at least total dependence upon, the powers of intellection to parse the universe into recognizable bits, properly digestible factoids. That is, if we undo Deleuze's aforementioned valorization of sense which, for his variation of materialism, performed the work of the transcendental, but refuse to reinstate Kant's transcendental disjunction between thing and appearance, then it must be a quality of becoming-as-being itself which can account for the discernible nature of things by sense. In an interview with Peter Gratton, Jane Bennett formulates the problem thusly: What is this strange systematicity proper to a world of Becoming? What, for example, initiates this congealing that will undo itself? Is it possible to identify phases within this formativity, plateaus of differentiation? If so, do the phases/plateaus follow a temporal sequence? Or, does the process of formation inside Becoming require us to theorize a non-chronological kind of time? I think that your student’s question: “How can we account for something like iterable structures in an assemblage theory?” is exactly the right question. Philosophy has erred too far on the side of the subject in the subject-object relation and has furthermore, lost the very weirdness of the non-human. Beyond this, the madness of thought need not override. /4/ - Ventriloquial Idealism or the Externality of Thought My aim is the opposite of Lovecraft's. He had an appreciation for natural scenery on earth and wanted to reach beyond the visible in the universe. I have no appreciation for natural scenery and want the objective universe to be a reflection of a character. Thomas Ligotti. “Devotees of Decay and Desolation.” Unless life is a dream, nothing makes sense. For as a reality, it is a rank failure [….] Horror is more real than we are. Thomas Ligotti. “Professor Nobody's Little Lectures on Supernatural Horror”. Thomas Ligotti's tales are rife with mannequins, puppets, and other brainless entities which of replace the valorized subject of philosophy – that of the free thinking human being. His tales such as “The Dream of the Manikin” aim to destroy the rootedness of consciousness. James Trafford has connected the anti-egoism of Ligotti to Thomas Metzinger – where the self is at best an illusion and we plead desperately for someone else to acknowledge that we are real. Trafford has stated it thus, “Life is played out as an inescapable puppet show, an endless dream in which the puppets are generally unaware that they are trapped within a mesmeric dance of whose mechanisms they know nothing and over which they have no control”. An absolute materialism, for Ligotti, implies an alienation of the idea which leads to a ventriloquil idealism. As Ligotti notes in an interview, “the fiasco and nightmare of existence, the particular fiasco and nightmare of human existence, the sense that people are puppets of powers they cannot comprehend, etc.” And then further elaborates that,“[a]ssuming that anything has to exist, my perfect world would be one in which everyone has experienced the annulment of his or her ego. That is, our consciousness of ourselves as unique individuals would entirely disappear”. The externality of the idea leads to the unfortunate consequence of consciousness eating at itself through horror which, for Ligotti, is more real than reality and goes beyond horror-as-affect. Beyond this, taking together with the unreality of life and the ventriloquizing of subjectivity, Ligotti's thought becomes an idealism in which thought itself is alien and ultimately horrifying. The role of human thought and the relation of non-relation of horror to thought is not completely clear in Ligotti's The Conspiracy Against the Human Race. Ligotti argues in his The Conspiracy Against the Human Race,that the advent of thought is a mistake of nature and that horror is being in the sense that horror results from knowing too much. Yet, at the same time, Ligotti seems to suggest that thought separates us from nature whereas, for Lovecraft, thought is far less privileged – mind is just another manifestation of the vital principal, it is just another materialization of energy. In his brilliant “Prospects for Post-Copernican Dogmatism” Iain Grant rallies against the negative definition of dogmatism and the transcendental, and suggests that negatively defining both over-focuses on conditions of access and subjectivism at the expense of the real or nature. With Schelling, who is Grant's champion against the subjectivist bastions of both Fichte and Kant, Ligotti's idealism could be taken as a transcendental realism following from an ontological realism. Yet the transcendental status of Ligotti's thought move towards a treatment of the transcendental which may threaten to leave beyond its realist ground. Ligotti states: Belief in the supernatural is only superstition. That said, a sense of the supernatural, as Conrad evidenced in Heart of Darkness, must be admitted if one's inclination is to go to the limits of horror. It is the sense of what should not be- the sense of being ravaged by the impossible. Phenomenally speaking, the super-natural may be regarded as the metaphysical counterpart of insanity, a transcendental correlative of a mind that has been driven mad. Again, Ligotti equates madness with thought, qualifying both as supernatural while remaining less emphatic about the metaphysical dimensions of horror. The question becomes one of how exactly the hallucinatory realm of the ideal relates to the black churning matter of Lovecraft's chaos of elementary particles. In his tale “I Have a Special Plan for This World” Ligotti formulates thus: A: There is no grand scheme of things. B: If there were a grand scheme of things, the fact – the fact – that we are not equipped to perceive it, either by natural or supernatural means, is a nightmarish obscenity. C: The very notion of a grand scheme of things is a nightmarish obscenity. Here Ligotti is not discounting metaphysics but implying that if it does exist the fact that we are phenomenologically ill-equipped to perceive that it is nightmarish. For Ligotti, nightmare and horror occur within the circuit of consciousness whereas for Lovecraft the relation between reality and mind is less productive on the side of mind. It is easier to ascertain how the Kantian philosophy is a defense against the diseases of the head as Kant armors his critical enterprise from too much of the world and too much of the mind. The weird fiction of both Lovecraft and Ligotti demonstrates that there is too much of both feeding into one another in a way that corrodes the Kantian schema throughly, breaking it down into a dead but still ontologically potentiated nigredo. The haunting, terrifying fact of Ligotti's idealism is that the transcendental motion which brought thought to matter, while throughly material and naturalized, brings with it the horror that thought cannot be undone without ending the material that bears it either locally or completely. Thought comes from an elsewhere and an elsewhen being-in-thought. The unthinkable outside thought is as maddening as the unthought engine of thought itself within thought which doesn't exist except for the mind, the rotting décor of the brain. /5/ - Hyperstitional Transcendental Paranoia or Self -Expelled Thought Weird fiction has been given some direct treatment in philosophy in the mad black Deleuzianism of Nick Land. Nick Land along with others in the 1990s created the Cyber Culture Research Unit as well as the research group Hyperstition. The now defunct hyperstitional website, an outgrowth of the Cyber Culture Research Unit, defined hyperstition in the following fourfold: 1-Element of effective culture that makes itself real. 2-Fictional quantity functional as a time-traveling device. 3-Coincidence intensifier. 4-Call to the Old Ones. The distinctively Lovecraftian character of hyperstition is hard to miss as is its Deleuzo-Guattarian roots. In the opening pages of A Thousand Plateaus Deleuze and Guattari write, “We have been criticized for over-quoting literary authors. But when one writes, the only question is which other machine the literary machine can be plugged into”. The indisinction of literature and philosophy mirrors the mess of being and knowing as post-correlationist philosophy, where philosophy tries to make itself real where literature, especially the weird, aims itself at the brain-circuit of horror. The texts of both Lovecraft and Ligotti work through horror as epistemological plasticity meeting with proximity as well as the deep time of Lovecraft and the glacially slow time of paranoia in Ligotti. Against Deleuze, and following Brassier, we cannot allow the time of consciousness, the Bergsonian time of the duree, to override natural time, but instead acknowledge that it is an unfortunate fact of existence as a thinking being. Horror-time, the time of consciousness, with all its punctuated moments and drawn out terrors, cannot compare to the deep time of non-existence both in the unreachable past and the unknown future. The crystalline cogs of Kant's account of experience as the leading light for the possibility of metaphysics must be throughly obliterated. His gloss of experience in Prolegomena to any Future Metaphysics could not be more sterile: Experience consists of intuitions, which belong to the sensibility, and of judgments, which are entirely a work of the understanding. But the judgments which the understanding makes entirely out of sensuous intuitions are far from being judgments of experience. For in the one case the judgment connects only the perceptions as they are given in sensuous intuition [....] Experience consists in the synthetic connection of appearances in consciousness, so far as this connection is necessary. Here it is difficult to dismiss the queasiness that Kant's legalism induces upon sight for both Badiou and David-Menard. Kant's thought becomes, as Foucault says when reflecting on Sade's text in relation to nature, “the savage abolition of itself”. For Badiou, Kant's philosophy simply closes off too much of the outside, freezing the world of thought in an all too limited formalism. Critical philosophy is simply the systematized quarantine on future thinking, on thinking which would threaten the formalism which artificially grants thought its own coherency in the face of madness. Even the becoming-mad of Deleuze, while escaping the rumbling ground, makes grounds for itself, mad grounds but grounds which are thinkable in their affect. The field of effects allows for Deleuze's aesthetic and radical empiricism, in which effects and/or occasions make up the material of the world to be thought as a chaosmosis of simulacra. Given a critique of an empiricism of aesthetics, of the image, it may be difficult to justify an attack on Kantian formalism with the madness of literature, which does not aim to make itself real but which we may attempt to make real. That is, how do Lovecraft's and Ligotti's materials, as materials for philosophy to work on, differ from either the operative formalisms of Kant or the implicitly formalized images of Deleuzian empiricism? It is simply that such texts do not aim to make themselves real, and make claims to the real which are more alien to us than familiar, which is why their horror is immediately more trustworthy. This is the madness which Blanchot discusses in The Infinite Conversation through Cervantes and his knight – the madness of book-life, of the perverse unity of literature and life a discussion which culminates in the discussion of one of the weird's masters, that of Kafka. The text is the knowing of madness, since madness, in its moment of becoming-more-mad, cannot be frozen in place but by the solidifications of externalizing production. This is why Foucault ends his famous study with works of art. Furthermore extilligence, the ability to export the products of our maligned brains, is the companion of the attempts to export, or discover the possibility of intelligences outside of our heads, in order for philosophy to survive the solar catastrophe. To borrow again from Deleuze, writing is inseparable from becoming. The mistake is to believe that madness is reabsorbed by extilligence, by great works, or that it could be exorcised by the expelling of thought into the inorganic or differently organic. Going out of our heads does not guarantee we will no longer mean we cannot still go out of our minds. This is simply because of the outside, of matter, or force, or energy, or thing-in-itself, or Schopenhauerian Will. In Lovecraft’s “The Music of Erich Zahn” an “impoverished student of metaphysics” becomes intrigued by strange viol music coming from above his room. After meeting the musician the student discovers that each night he plays frantic music at a window in order to keep some horridness at bay, some “impenetrable darkness with chaos and pandemonium”. The aesthetic defenses provided by the well trained brain can bear the hex of matter for so long, the specter of unalterability within it which too many minds obliterate, collapsing everything before the thought of thought as thinkable or at least noetically mutable on our own terms. Transcendental paranoia is the concurrent nightmare and promise of Paul Humphrey's work, of being literally out of our minds. It is the gothic counterpart of thinking non-conceptually but also of thinking never belonging to any instance of purportedly solid being. As Bataille stated, “At the boundary of that which escapes cohesion, he who reflects within cohesion realizes there is no longer any room for him” Thought is immaterial only to the degree that it is inhuman, it is a power that tries, always with failure, to ascertain its own genesis. Philosophy, if it can truly return to the great outdoors, if it can leave behind the dead loop of the human skull, must recognize not only the non-priority of human thought, but that thought never belongs to the brain that thinks it, thought comes from somewhere else. To return to the train image from the beginning “a locomotive rolling on the surface of the earth is the image of continuous metamorphosis” this is the problem of thought, and of thinking thought, of being no longer able to isolate thought, with only a thought-formed structure. [1] One of the central tenets of Francois Laruelle's non-philosophy is that philosophy has traditionally operated on material already presupposed as thinkable instead of trying to think the real in itself. Philosophy, according to Laruelle, remains fixated on transcendental synthesis which shatters immanence into an empirical datum and an a prori factum which are then fused by a third thing such as the ego. For a critical account of Laruelle's non-philosophy see Ray Brassier's Nihil Unbound. (shrink)

In Robinson in Ruins, the third of Patrick Keiller’s trilogy of fictionalised documentaries concerning the wanderings and speculations of an unseen protagonist, the narrator informs us that Robinson had been reading Karl Polanyi’s The Great Transformation, which ‘locates the origin of twentieth century catastrophe in the development of market society in England’. Polanyi identifies how the self-regulating market is not a naturally emergent social form, but was the product of the active interventions of the state. For Robinson (and for (...) Keiller) the contradictions between displacement and dwelling generated by laissez-faire can be revealed and challenged by an exploration of the relationships between landscape, space and politics. The melancholy tone of this trilogy can also be sensed in one of Henri Lefebvre’s final essays, in which he laments the dissolution of the utopian promise of the urban that he once dramatised through his thesis of the ‘urban revolution’. This article explores the themes that drive Keiller’s approach in the Robinson trilogy and draws out the associations in these works to Lefebvre’s writings on the politics of space, Polanyi’s critique of laissez-faire capitalism, and Walter Benjamin’s response to the historical catastrophe we understand as ‘progress’. I will argue that Keiller’s engagement with the idea of catastrophe, through spatial, social and historical registers, is an attempt to link the material ruins of our present with utopian imaginings of alternative forms of sociality—beyond the conceptual limits of capitalist realism and the catastrophic futures of neoliberal space. (shrink)

The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute of Philosophy, André (...) Van de Putte, who found much inspiration in this tradition. A revised version of his valedictory lecture from the conference serves as the final contribution to this issue. Much contemporary liberal political philosophy is currently done in conversation with a line of liberal thinkers starting with John Locke, running through Immanuel Kant and John Stuart Mill, and culminating in the work of John Rawls and his followers. The reasons for the enormous appeal of this philosophical tradition are, among other things, the combination of the central role of the intuitively appealing value of individual liberty with a strong rationalistic, universalistic, and normative character. The thread running through most of these liberal theories is a commitment to what the French liberal Benjamin Constant referred to as “the liberty of the moderns,” that is, liberty in a negative sense, as a lack of interference in one’s activity from others and from government. This focus has expanded over time to include a richer body of civil, political, social, economic and cultural rights, for instance, in the work of liberal thinkers who have tried to integrate the insights of communitarian thought and discourse ethics in their work. However, the emphasis on individual liberty in the negative sense continues to be the normative and theoretical touchstone and default position for many contemporary liberal theories. The limitation of the canon of liberal thought to the aforementioned authors and themes deprives the contemporary debate of a rich source of ideas: the French liberal tradition. Montesquieu, considered to be the father of this tradition, provides a good example of how it can enrich current debates in liberal theory. Montesquieu’s work evinces a keen eye for the dynamics of power relations and the limitations of the power of the better rational argument. His insight that power can sometimes only be checked by an equal and opposing power, so that a system of separation and balance of powers is necessary in order to preserve liberty, is reflected in the foundations of most modern democracies. Montesquieu also argues that contingent environmental, historical, social and economic conditions play a dramatic role in determining what kind of government is appropriate for a particular society. On his view, ignoring these facts when framing a government can inadvertently end in despotism. Montesquieu’s observations challenge us to reexamine some of contemporary liberalism’s universalist and rationalist claims. Benjamin Constant is most famous for his distinction between two kinds of liberty: the liberty of the ancients and the liberty of the moderns. The ancient form of liberty manifested itself in the active political participation of citizens in the ancient republic. While this form of government and decision-making was suitable for small, homogeneous city-states, Constant argues that it is impracticable for large modern nation-states. Hence, the concept of modern liberty shifts to an emphasis on the rule of law and the non-interference of the state in private matters. This form of liberty is familiar to us from contemporary liberalism – and Constant cherishes this form of freedom as much as any liberal does today. However, his position is complex: he also argues that the liberty of the ancients should not be neglected. Active political participation is needed to ensure that the government is executing its duty of preserving the modern form of liberty by publicly pointing out violations. The contemporary relevance of Constant’s work is clear when we consider the alleged “democratic deficit” that plagues the EU and international institutions such as the UN, the IMF, and the World Bank. Not only does this democratic deficit threaten the modern form of liberty by placing decision-making processes out of sight of the people, it also threatens citizens’ sense of self-respect derived from self-governance. Constant’s argument for the necessity of combining the liberty of the ancients with that of the moderns provides a fruitful resource for confronting these contemporary issues. Tocqueville’s work on liberalism benefits from his opportunity to observe a society founded on liberal democratic principles – the United States of America – in action. In his Democracy in America, he examines the social consequences, both intended and unintended, of building a society on ‘the equality of conditions’, as he defines ‘democracy’. Tocqueville sees a tension between the democratic value of equality and the aristocratic value of the rule of the best. He observes that democratic societies do not necessarily choose the best leaders and instead promote mediocrity instead of virtue, talent, and excellence. Democracy also confronts citizens with the threat of ‘soft despotism’, where a government that preserves the outer signs of the liberty of the moderns nevertheless controls the behavior of its citizens in minute detail through a system of detailed rules ostensibly aimed at their welfare. This paternalism is an even more insidious threat to liberal values than the hard variety of despotism, since it is so difficult to detect and done in the name of liberal values themselves. Taking Tocqueville’s observations seriously would add complexity to attempts to theorize about the modern social-democratic welfare state. The contributions to this issue supplement and critique mainstream liberal thought and its relation to contemporary issues through a serious engagement with the French liberal tradition. Annelien De Dijn’s contribution discusses Bertrand de Jouvenel, a lesser-known 20th Century representative of the French political tradition she terms ‘aristocratic liberalism’. This tradition has its roots in the work of Montesquieu, and emphasizes the importance of intermediary bodies, most importantly the aristocracy, in providing a check to the top-down power of despotic state authorities and the bottom-up power of revolutionary leveling tendencies, both of which threaten liberty. De Dijn situates Jouvenel in this tradition, but then indicates an important difference between his thought and that of his predecessors: his most significant work, On Power, is not only on French history, but on European history. Pointing to the enthusiastic reception of this work in the Anglophone world, she suggests that the rise of totalitarianism in Europe gave the anti-totalitarian features of aristocratic liberalism a broader appeal. Valentino Lumowa’s paper concerns Constant’s classic text, The Liberty of the Ancients Compared with that of the Moderns. Lumowa argues that in order to understand Constant’s piece, we must be aware that its two parts were written under different historical circumstances and decipher the argumentative thrust inherent in the text. Following Stephen Holmes, he argues that to understand the shift Constant made in the second part of the text, we should read it within the context of the increasing influence of the ultra-Royalists in the legislature during the Bourbon Restoration. However, in contrast to Holmes, he contends that the spirit of both civic and individual freedom, which enlivens representative system, is the backbone of the text in its unity. Demin Duan’s essay investigates an apparent ambivalence between liberal and imperialist tendencies in the work of Alexis de Tocqueville, which has already drawn some attention from Tocquevillian scholars. These interpretations of Tocqueville and his writings on empire generally agree that Tocqueville stands in a recognized tradition of liberalism, which is characterized by respect for human rights, individual freedom and a sense of universal humanism. On this standard view, Tocqueville’s support of imperialism represents nothing but an unfortunate breach of his own otherwise consistent liberal thinking. Duan’s article questions this standard position. By questioning the assumption of Tocqueville’s liberalism in the first place, he tries to gauge the influence of both the old republican tradition and the new liberal perspective on his thinking. In conclusion, he argues that Tocqueville’s overall thought, especially his notion of freedom, is very much informed by an old republican tradition. His support of French imperialism could be better understood from this perspective rather than be rendered simply as a deviation from liberal norms. Pawel Marczewski’s contribution is an attempt to show that Tocqueville’s conception of liberty transcends the divisions between negative and positive aspects of freedom. He begins by juxtaposing this conception with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The essay then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Participants on both sides of the debate seem to be so devoted to showing that their particular approach provides the best guarantees against actual and possible threats to liberty that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that ‘to be free is to be guided by one’s own will’, contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to these discussions in contemporary political philosophy. Finally, André Van de Putte’s contribution, an adaptation of his emeritus speech that closed the conference on French Liberalism, appeals to Tocqueville in order to draw attention to the importance of intermediary, dialogical bodies in mitigating the implicit despotic tendencies of the democratic drive to equality. In Tocqueville’s view, the transition from the feudal corporate inequality to democratic individual equality was not a clean break. Rather, this transition is a continual process of democratization that is driven by a desire for equality, or egalité des conditions. This dissolution of distinctions of estate, class and status has the unintended consequence of concentrating the diffuse power of these entities into a centralized state, which is responsible for ensuring the equality of all under the law. This process leaves increasingly isolated and atomized individuals to face the power of a monolithic state in defense of their freedom, and moves toward a soft, paternalistic despotism. Constant’s freedom of the moderns is not sufficient to protect individuals from this centralized power. Democracy also requires the political freedom of the ancients. Van de Putte argues for a system in which atomized individuals organize themselves into intermediary bodies that, in a Montesquieuian balance of powers, can enter into dialogue with each other and the state on more equitable terms. Van de Putte’s contribution closes with a plea for a conception of democracy as a regime of dialogue. (shrink)

In Justice as Fairness, Rawls presents a case for property-owning democracy (POD) which heavily depends on a favourable comparison with welfare state capitalism (WSC). He argues that WSC, but not POD, fails to realise ‘all the main political values expressed by the two principles of justice’. This article argues that Rawls’s case for POD is incomplete. He does not show that POD is superior to other conceivable forms of WSC. In order to present a serious contender, I sketch what (...) I call a realistically utopian welfare state (RUWS) that (a) guarantees the fair equality of political liberties and opportunity and that (b) maximises the situation of the worst.-off via a kind of participation income. The main aim of the article is to give credibility to the claim that RUWS is not obviously worse than POD by Rawlsian standards and therefore deserves a fair hearing in further research. (shrink)

This book is the first detailed reconstruction of the late work of John Rawls, who was perhaps the most influential philosopher of the twentieth century. Rawls's 1971 treatise, A Theory of Justice, stimulated an outpouring of commentary on 'justice-as-fairness,' his conception of justice for an ideal, self-contained, modern political society. Most of that commentary took Rawls to be defending welfare-state capitalism as found in Western Europe and the United States. Far less attention has been given to Rawls's (...) 2001 book, Justice as Fairness: A Restatement. In the Restatement, Rawls not only substantially reformulates the 'original position' argument for the two principles of justice-as-fairness but also repudiates capitalist regimes as possible embodiments. Edmundson further develops Rawls's non-ideal theory, which guides us when we find ourselves in a society that falls well short of justice. (shrink)

The Work of Politics advances a new understanding of how democratic social movements work with welfare institutions to challenge structures of domination. Klein develops a novel theory that depicts welfare institutions as “worldly mediators,” or sites of democratic world-making fostering political empowerment and participation within the context of capitalist economic forces. Drawing on the writings of Weber, Arendt, and Habermas, and historical episodes that range from the workers' movement in Bismarck's Germany to post-war Swedish feminism, this book challenges us to (...) rethink the distribution of power in society, as well as the fundamental concerns of democratic theory. Ranging across political theory and intellectual history, The Work of Politics provides a vital contribution to contemporary thinking about the future of the welfare state. (shrink)

In this article I rethink Rawls' conception of international economic justice, with a particular focus on international trade. I ground my normative argument on a different interpretation of the concepts of basic structure and of basic institution. I use the contemporary international trading system to illustrate my normative interpretation. I use the Law of Peoples to discuss the Rawlsian concept of basic structure. I contest Samuel Freeman's interpretation of this concept as one that pertains exclusively to the domestic realm. As (...) a reply, I work out an interpretation of basic institutions valid for both the national and international context. I base my understanding on the impact and the form of membership that characterize basic institutions. Both properties are compatible with an extension of the concept of a basic institution to the international domain. I then show how the World Trade Organization (WTO) system can be compared to a domestic basic institution. I analyse the decisional setting that surrounds the choice of joining the WTO. I conclude that no real alternative exists. Hence, WTO membership is not to be considered a completely free policy choice. I also state that the new system is witnessing a strong expansion of the areas subject to trade governance. Such expansion is responsible for the growing impact that international trade has on domestic institutions and hence on people. Finally, I use my analysis of contemporary international trading relations to test Rawls' position in the Law of Peoples. I conclude that although Rawls' principles for fair trade and international cooperation can regulate GATT-style international trade, they are not proficient in assessing the new characteristics of international trade. (shrink)

Rawls’ theory is about prudence rather than justice. It is about the kind of political structure on which rational people would agree if they were preparing for the worst. Other strategies, such as confining redistribution to upholding a safety net, might also be plausible. Rawls’ theory is Georgism in persons: the income from individual abilities is regarded as if it is at the disposal of the collective and could be taxed as rent. This goes against the strong moral intuition of (...) self-ownership. However, Rawls’ question, where the worst off are as well off as they can be, is interesting. According to the Index of Economic Freedom, it actually may be under relatively unfettered capitalism. Unlike Rawls, Piketty is chiefly worried about the rich, seeking to impose confiscatory taxes on them. But the rich are not a fixed, unchangeable group of people who can effortlessly watch their capital accumulate. Capital is precarious, as is vividly illustrated in Balzac’s novel Père Goriot which Piketty quotes. Different as the approaches of Rawls and Piketty are, both of them agree that their ideal society has to be closed: It must become ‘socialism in one country.’. (shrink)

In Hegel's Critique of Liberalism , Steven B. Smith examines Hegel's critique of rights-based liberalism and its relevance to contemporary political concerns. Smith argues that Hegel reformulated classic liberalism, preserving what was of value while rendering it more attentive to the dynamics of human history and the developmental structure of the moral personality. Hegel's goal, Smith suggests, was to find a way of incorporating both the ancient emphasis on the dignity and even architectonic character of political life with (...) the modern concern for freedom, rights, and mutual recognition. Smith's insightful analysis reveals Hegel's relevance not only to contemporary political philosophers concerned with normative issues of liberal theory but also to political scientists who have urged a revival of the state as a central concept of political inquiry. (shrink)

Perhaps no work since John Rawls’ A Theory of Justice has attracted as much recent attention as Robert Nozick’s case for a minimal state—an ingeniously argued critique, not only of antinomian individualism, but also of liberal and socialist contractualism. It might be added that the book is no solace either to more conservative political theorists, who lament state incursion into private life, but whose political structures exhibit either actual or potential constriction of human life. Nozick’s book is (...) both a searching examination of the limitations of utilitarian consequentialism and the redistributivism of Rawls. His essential theme is that "a minimal state limited to the narrow functions of protection against force, theft, fraud, enforcement of contracts etc., is justified; that any more extensive state will violate persons’ rights not to be forced to do certain things, and is unjustified; and that the minimal state is inspiring as well as right." It is also Nozick’s contention that the coercive power of the state should not be used paternalistically to prohibit activities to people for their own protection, or to force some citizens to aid others. The last part of the book is a framework for Nozick’s utopia, and it is in this section that an essentially theoretical approach, amplified by little political or sociological data, exhibits its defects. One suspects that almost all states started with simplistic hopes for minimal coercive activity, and succumbed almost inevitably to the metastasis of function as socio-political life grew in size and complexity. Night watchmen become more than night watchmen when more than watching is needed. Moreover, Nozick’s utopia would seem to necessitate, at least by implication, coercive redistributivism and some kind of compensatory or levelling taxation process. This reviewer is not sure that he understands precisely what Nozick considers correct property theory in a state of nature. The author modestly asserts the tentative, incomplete, and conjectural nature of his work. But the taxed and manipulated citizen who grows in sympathy for the sentiments of Proudhon’s famous litany should welcome this highly literate and well argued case.—R.P.M. (shrink)