Policy making is not only about the cut and thrust of politics. It is also a bureaucratic activity. In this ground-breaking work, two leading authorities come together to examine the world of the policy bureaucrat for the first time. The volume draws in crucial debates over accountability and democratic ideology, hierarchy and expertise, and should establish itself as a central point of reference for scholars and practitioners alike.

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

This volume inaugurates a new critical edition of the writings of the great English philosopher and sage Francis Bacon - the first such complete edition for more than a hundred years. It contains six of Bacon's Latin scientific works, each accompanied by entirely new facing-page translations which, together with the extensive introduction and commentaries, offer fresh insights into one of the great minds of the early seventeenth century.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Material Virtue: Ethics and the Body in Early ChinaEdward SlingerlandMaterial Virtue: Ethics and the Body in Early China. By Mark Csikszentmihalyi. Leiden: Brill, 2005. Pp. vi + 402. Hardcover $180.00.Material Virtue: Ethics and the Body in Early China by Mark Csikszentmihalyi is a fascinating and meticulously researched study of early Chinese discussions of virtue and moral education in the period following what we might call the "physiological turn," (...) marked by a growing interest in the body and the embodiment of social ideals that begins sometime in the fourth century B.C.E. In Csikszentmihalyi's usage, the phrase "material virtue" refers "narrowly to descriptions of the virtues in terms of their quasi-material properties. More generally, such descriptions are characteristic of the view that, once cultivated, the virtues manifest themselves through physiological changes in the body that can be observed by others" (p. 5). This early Chinese development of this sort of nondualistic model of the self is a topic of growing interest to scholars of early China, with relevance to many contemporary debates about ethics and the mind-body relationship. This study's focus on a recently discovered archeological find, the text of the Wuxing 五行 (datable to sometime before 300 B.C.E.), also places it at the center of one of the most exciting recent developments in the field: the trove of newly discovered and, in many cases, previously unknown texts that are in the process of enriching and transforming our understanding of early Chinese thought. The two versions of the Wuxing that Csikszentmihalyi discusses come from Guodian (tomb closed ca. 300 B.C.E.) and Mawangdui (tomb closed 168 B.C.E.; this version also includes what seems to be a later commentary), two of the richest finds from the perspective of early Chinese philosophical and religious thought. Two substantial appendixes contain critical annotated editions of both texts, which summarize the state of the field with regard to their textual scholarship—an invaluable resource in itself.As Csikszentmihalyi notes, one important aspect of these finds is how they "have augmented the [received textual] record with different kinds of texts, challenging received notions of school and genre" (p. 1). This is one of the more interesting contributions of Csikszentmihalyi's study, part of a recent trend among scholars of early China to move beyond traditional "school" labels. Csikszentmihalyi presents the Wuxing, which modern scholars attribute to the disciple Zisi 子思,1 as a hitherto unheard voice in "an important conversation about the nature of the virtues in early China from the fourth through the second centuries B.C.E." (p. 2), and by doing so significantly increases the subtlety of our picture of the early Chinese philosophical [End Page 694] landscape. For instance, in place of a more-or-less linear picture of the development of "Confucian" thought, originating with Kongzi and then diverging with the two followers Mengzi and Xunzi, Csikszentmihalyi argues for a view of the ru 儒 tradition that sees it as consisting of many competing disciple lineages, united by a shared technical vocabulary and the acknowledgment of Kongzi as an authority, but much more internally diverse than traditionally thought.Csikszentmihalyi contextualizes his discussion of the Wuxing by placing it firmly in the Mengzi-Zisi lineage that appears as one of Xunzi's targets in his famous "Against Twelve Masters" chapter. He makes a strong case for doing so: besides Xunzi's comment that the misguided followers of Mengzi and Zisi "created a theory, and called it 'Five Kinds of Action' (wuxing)" (p. 60), there are many textual and conceptual parallels between the Wuxing and the Mengzi. Csikszentmihalyi also makes a strong case that both the Mengzi and the Wuxing can be seen as springing from a similar motivation: defending Confucianism from Primitivist charges of moral hypocrisy by arguing for a more internalist conception of virtue, grounded in the physical body and its animating qi. As he notes, "The 'psychologizing' or 'embodiment' of moral self cultivation implies that genuine virtue cannot be simulated because it is an observable physical process" (p. 86). For instance, in his interesting discussion of the Mencian concept of haoranzhiqi 浩然之氣 (usually translated as "flood-like" qi), Csikszentmihalyi follows... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The View from GadshillFrancis SparshottII once had a furious confrontation with that learned and passionate scholar, the late Milton C. Nahm. He had been giving a paper that involved Falstaff—I forget how, but it included the familiar appeal to the fat knight as the comic spirit of untrammelled life, so that the newly crowned Hal’s final repudiation—“I know thee not, old man”—chills the audience as a denial of humanity (...) in favor of impersonal administration. But I told Nahm that I could not see Falstaff that way. As a boy, if I cycled home from Gravesend to Rochester I had to pass over the North Downs at Gadshill. And it is at Gadshill, when we first meet him, that Falstaff’s gang is planning to waylay a band of innocent travelers. I could never take kindly to a man who made a living mugging and rolling people like me. Nahm was contemptuous of my incompetence to deal with literature: I was prevented from appreciating the portrait of the comic monster, appalling but breathtaking, by my inhibited and inhibiting moralism. But I insisted that I saw no reason why one should abandon one’s identity or one’s morality while one was watching a play or reading a book.Nahm would have been right if I had been insensitive to Falstaff’s outrageousness, his unscrupulous energy and vivacity, his wit and candor. But I think my appreciation was sharpened rather than nullified by my awareness of the real menace Falstaff represents to people who happen not to be his pals. And I think Nahm’s enthusiasm blinded him to something else that Shakespeare wrote into the part. At that very first meeting, we find Falstaff trying to negotiate for himself a position of power or privilege when the young prince shall succeed to the throne. And it is just this negotiation that Falstaff is trying to resume [End Page 398] from the sidewalk at the end, when the new king brushes him off. Nahm did not notice this because it did not occur to him that Henry V was going to be a real king with real power over real people, just as it did not occur to him that Falstaff’s robbed and brutalized pilgrim victims would be real people suffering real injury and loss. If my personal angle, the potential victim’s view, had so usurped my vision that it blinded me to whatever else the playwright had made of his character and its situation, it would have made me a bad viewer of the play. But it might have added depth to my understanding and my criticism if it gave me an angle that other viewers and readers could imaginatively share. 1 Since each of us has some sort of angle on everything, sharing perspectives can always be valuable.III have been reminded of my encounter with Nahm by reading Edward W. Said’s Culture and Imperialism. 2 The book appears to start from the position that imperialism is the “determining political horizon of modern Western culture” (p. 60), imperialism being defined as the policy of establishing and maintaining an empire, and an empire as “a relationship... in which one state controls the effective political sovereignty of another political society” (p. 9). Because this is the determining horizon, the right way to think of any “Western” author is as an agent of imperialism, although of course this is most easily shown in the case of authors and works in which the imperial connection is explicit.If there is to be a uniform curriculum and canon for the teaching of English literature everywhere in the world, that canon obviously should not be based on works that assume the rightness and normality of an imperialism that defines most readers of that literature as racially and culturally inferior; such a canon is itself a tacit agent of an offensive and gratuitous imperialism. This much seems clear. But Said’s book then moves off into a hackneyed recitation of the evils that the West (or the north, or the developed world 3 ) inflicts on a world of passive victims, followed by a denunciation of the... (shrink)

Essentially a history of religion in the twentieth century, this erudite work puts more emphasis on religion than on change and more faith in Christianity than in other traditions. Alive to the importance of the ecumenical movement and the Second Vatican Council, Edwards argues that no other religious groups in our time have the sophistication of the major Christian denominations in responding to the challenges of a scientifically based culture and an industrialized economy. He relates the major movements in modern (...) theology to a context informed by Marx and Freud, biology and technology, Eastern spirituality and Western revivalism. But he evades the challenge to revise our concept of God or demonstrate the meaningfulness of the traditional concept, with the plea that today's theologians have to be more humble than their predecessors in making dogmatic claims. From his vantage-point in England he judiciously assesses currents of thought in Europe and the United States, while showing more sensitivity to the views of British humanists than to the crises of faith and morals arising in contemporary political and social life. Despite his familiarity with the "new" morality and literary celebrations of the "death" of God, he ends with a relatively unperturbed affirmation of the biblical message concerning Jesus' death and resurrection. The result is a highly competent survey of how things stand at present for Western churchmen and theologians. The book has a few typographical and other errors, notably the placing of the last line first on page 260 and the footnote references to Sir Humphrey rather than Hamilton Gibb and to Robert rather than Richard Robinson.--C. P. S. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Mismapping the Underworld: Daring and Error in Dante’s ‘Comedy’Edward Donald KennedyMismapping the Underworld: Daring and Error in Dante’s ‘Comedy,’ by John Kleiner; 182 pp. Stanford: Stanford University Press, 1994, $32.50.Critics once emphasized the unity and apparent perfection of Dante’s Divine Comedy. In Mismapping the Underworld, John Kleiner emphasizes instead the imperfections, the inconsistencies, and inaccuracies in Dante’s work both to give a more accurate assessment of Dante’s (...) artistry and, as he remarks, to help readers “learn to enjoy” the imperfections (p. 2).The five chapters of the book are devoted to various cruces in the Vita nuova and the Comedy. The first chapter considers numerology in the Vita nuova: pointing out that scholars’ arguments for that work’s numerological symmetry have been flawed, Kleiner asks if Dante had as much “passion for order” as scholars have assumed. The second chapter, from which the title of the book is taken, considers earlier scholars’ attempts to draw accurate maps of Dante’s vision of Hell and inaccuracies and inconsistencies in that vision. Probably not many readers, for example, have realized that Satan, partially buried in the ice of Cocytus at the bottom of Hell, must be about 2,500 feet tall, if one calculates his height from the evidence Dante has given us, and even the part of his body extending above the ice must approximate “the height of the World Trade Center.” One must then ask how Dante, the narrator in the poem, is able to give such detailed descriptions of the tormented bodies of Cassius, Brutus, and Judas dangling from Satan’s mouth: “at their height they should be as insignificant a sight as a trio of deluded tourists waving from the top of the Empire State Building” (p. 44). One of the reasons why scholars have attempted to map the underworld so precisely is, as Kleiner points out, that Dante makes it seem so much more concrete than the “dreamlike” surface of earth. (Here C. S. Lewis may have taken a clue from Dante, in his notion that the concrete belongs to Heaven, that things on earth are only “shadowlands.”)The third chapter concerns Dante’s reputation as a student of classical literature. Here, focusing on two cantos of the Inferno and the Purgatorio, Kleiner considers Dante’s inaccurate citations from Virgil, Statius, and other [End Page 415] classical writers and his intentional use of “masterful distortions” to create the effect he wanted. In the fourth chapter, Kleiner discusses Dante’s use of scientific material, such as his precise description of the duration of a lunar eclipse that no one on earth would have been able to gauge and his design of an impossible experiment concerning reflected light. The final chapter associates Dante’s interest in Geryon, the monster who appears in Canto 16 of the Inferno, with the medieval fascination with the grotesque. Moreover, the Ovidian allusions in this canto, Kleiner believes, make the encounter with Geryon a meditation on poetry and show “fiction’s proximity to fraud, its perilous attractiveness, and its susceptibility to perversion” (p. 132). Thus the Geryon episode represents Dante’s concern with the dangers inherent in reading, dangers depicted earlier in the Inferno in, for example, the Francesca and Paolo episode of Canto V, in which the lovers had been seduced into committing adultery after reading the story of Lancelot and Guinevere. In such episodes, Dante reminds us of the power a writer has over his readers and of his duty not to use that power irresponsibly.Because of the post-Renaissance emphasis on the importance of unity in a work of art and the later emphasis on realism, earlier critics naturally emphasized the unity and consistency of Dante’s work. A great work, they assumed, had to have these qualities. As Kleiner’s book reminds us, however, earlier writers did not always prize them as highly as modern critics do, and some inconsistencies and errors (some deliberate, some not) seem to have been acceptable. Inaccurate citations of classical works are due in part to the fact that medieval writers often knew earlier works only from commonplace books and in part to... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mental Disorder and Moral Responsibility:Disorders of Personhood as Harmful Dysfunctions, With Special Reference to AlcoholismJerome C. Wakefield (bio)Keywordsalcohol dependence, philosophy of psychiatry, mental disorder, harmful dysfunction, psychiatric diagnosis, person, moral responsibilityIn his paper, Ethical Decisions in the Classification of Mental Conditions as Mental Illness, Craig Edwards grapples with a profound problem: why is it that when we classify a mental condition as a mental disorder, that tends to take (...) the condition out of the sphere of moral responsibility or virtuousness of character? For example, it is not uncommon when someone commits suicide and the question is raised as to why he or she did it, that instead of a reason or character trait that would place the act within a moral calculus, one is offered the explanation "she was clinically depressed" or "he was bipolar," and this tends to terminate discussion and make reasons and moral evaluation superfluous. Why does such a comment have that effect?As Edwards notes, this can get complicated as the moral and the disordered interact. Certainly people are sometimes morally responsible for acting on their disordered impulses (as in pedophilia), and they are responsible for putting themselves in the way of disorder, as when someone imbibes in a way likely to lead to alcoholism. But at the normal/disorder divide, there seems to be a consistent lifting of some responsibility, reflecting the application of the sick role. For example, the rough equivalent of our current category of post-traumatic stress disorder (PTSD) was recognized as a disorder in earlier wars ("shell shock," "war neurosis"), but often considered an expression of cowardice; the cowardice was morally evaluable as a failure of virtue (even if, like many personality traits, being a coward is not within the person's direct voluntary control) and led to contempt for those with PTSD, but nonetheless—except in cases thought to be malingering—the PTSD that resulted constituted a disorder for which the individual was [End Page 91] not in the same direct sense blameworthy. This moral shift requires explanation.This topic also has important social ramifications. Relief from responsibility may sound like a good thing, and it is trumpeted by mental health advocates as a reason for supporting the classification of many conditions as disorders. But as Edwards is aware, it is a two-edged sword. Disordered status may allow escape from censure and offer the protections of the sick role, but it also changes the relationship of the agent to his or her own actions and imposes the responsibility of the sick role on the individual to attempt to change ("get better"). The sick role allows for no defense of an idiosyncrasy based on normal variation ("It takes all kinds…") or the individual's eccentric vision or steadfast integrity, for that vision or sense of integrity are now seen as pathological and not morally legitimate. The individual is subjected to endless entreaties to seek help and it is implied that not to do so is irresponsible, so that a decision to embrace one's nature and remain as one is becomes illegitimate. Moreover, the sick role allows for no explanation in terms of the individual's normal defensive response to unjust, deprived, or challenging social or environmental circumstances, thus weakening the motives for social change rather than individual intervention.In sum, there is an inevitable sense in which being placed in the sick role inherently stigmatizes the "sick" condition in virtue of the special moral attitudes extended to the disordered. Cultures can thus easily exploit the sick role and its much-touted relief from responsibility to extend the reach of social control processes. This is one reason why the distinction between disorder and non-disorder is so important, and why it is crucial to identify when non-disordered conditions are mislabeled as disorders—as when, for example, psychiatry gets it wrong about the distinction between normal and disordered sadness (Horwitz and Wakefield, 2007). Such overpathologization can redefine the boundaries of our moral universe on mistaken grounds.Edwards offers two provocative answers—not entirely at ease with each other—to the question of why mental disorders relieve the patient from moral responsibility: (1) mental disorders are... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:When an Arab Laughs in Toledo: Cervantes’s Interpellation of Early Modern Spanish OrientalismE. C. Graf (bio)My purpose has been to place in the plaza of our republic a game table which everyone can approach to entertain themselves without fear of being harmed by the rods; by which I mean without harm to spirit or body, because honest and agreeable exercises are always more likely to do good than harm.—Miguel (...) de Cervantes Saavedra, Prologue to Novelas ejemplares [my translation]We are engaged in a technical enterprise at the species scale.—Jacques Lacan, “L’agressivité en psychanalyse” [my translation]While I was all intent on watching him, he looked at me, and with his hands he spread his chest and said: “See how I split myself!”!—Dante Alighieri, Inferno 28.28–30 Click for larger view View full resolutionFigure 1.Sandro Botticelli, The Virgin and Child (c. 1490). Courtesy of the Fogg Art Museum, Harvard University; ©1999 President and Fellows of Harvard College. Click for larger view View full resolutionFigure 2.Salvador Dalí, Dream Caused by the Flight of a Bee around a Pomegranate One Second Before Awakening (1941). Courtesy of Museo Thyssen-Bornemisza, Madrid; ©1999 Artists' Rights Society (ARS), New York.For much of this century, Hispanists have labored in an effort to elevate Miguel de Cervantes Saavedra’s El ingenioso hidalgo don Quijote de la Mancha (1605, 1615) to the coveted status of the “first modern novel.” Today this kind of criticism may strike our postmodern sensibilities as a rather traditional enterprise, the kind more interested in establishing an elite hierarchy of literary tastes than in saying anything new about an author or text. For many, the study of literature is still an aesthetic beauty pageant in which “great books” like Laurence Sterne’s Tristram Shandy (1767) or Marie de la Vergne de La Fayette’s La princesse de Clèves (1678) are paraded across the stage in a contest to seduce the Western intelligentsia. 1 The postmodern student of literature may not have much concern for this age-old territorial contest, but she might be interested to learn that the fallout from Hispanism’s quest for the “first modern novel” has involved so much attention to, indeed complication of, Don Quixote, that the book now resembles more a postmodern text than an early modern one. At the turn of the century, we have been left with what Jorge Luis Borges would recognize as an “aleph”: an infinite ideological labyrinth that reflects and/or cannibalizes all forms, thereby escaping all attempts [End Page 68] to describe it. 2 Whatever we currently mean by “Cervantes” (an author, a collection of texts, an ideological construction, and so forth) carries with it an impressive range of critical responses. Cervantes has been labeled converso (Castro, Canavaggio), Christian humanist (Castro, Bataillon, Forcione, Herrero, Vilanova), disillusioned secularist (Lukács, Cascardi), precapitalist (Johnson), anti-essentialist (Wilson), anti-Eusebian (Presberg), Menippean (Bakhtin), feminist (El Saffar, Rabin, Cruz), sadist (Nabokov), ethnocentric imperialist (Mariscal), medieval (Gorfkle), homophobic (Martín), non-organicist Aristotelian (Read), and either discursively or actually homosexual (Combet, Rossi, Smith, Arrabal). This list is nowhere near complete, but the reader will grasp the robust effects of the plurality of perspectives on Cervantes.Each of these interpretations is valid to varying degrees within various contexts, but at present I am interested in reading Cervantes as the author of a multicultural manifesto on behalf of the Moriscos of Southern Spain. 3 Within the contexts of French Marxist philosopher Louis Althusser and Palestinian postcolonial literary critic Edward Said, materialist, postcolonial, and multicultural critiques of various forms of power and their ideologies can be seen as the fundamental propositions of Cervantes’s Don Quixote. 4 Cervantes’s ultimate orientation may perhaps be inescapably Eurocentric, but his responses to the European experience of the rise and expansion of an ethnocentric militaristic nation state are relatively centrifugal when compared to the attitudes of many of his contemporaries.In surveying some of the antihegemonic details of Cervantes’s novel, I am also interested in dispelling the popular myth of Don Quixote. Especially in the English-speaking world, and particularly in the United States, Don Quixote remains captive to a... (shrink)

Today most of us are awash with choices. The cornucopia of material goods available to those of us in the developed world can turn each of us into a kid in a candy store; but our delight at picking the prize is undercut by our regret at lost opportunities. And what's the criterion for choosing anything -- material, spiritual, the path taken or not taken -- when we have lost our faith in everything? In The Era of Choice Edward (...) Rosenthal argues that choice, and having to make choices, has become the most important influence in both our personal lives and our cultural expression. Choice, he claims, has transformed how we live, how we think, and who we are.This transformation began in the nineteenth century, catalyzed by the growing prosperity of the Industrial Age and a diminishing faith in moral and scientific absolutes. The multiplicity of choices forces us to form oppositions; this, says Rosenthal, has spawned a keen interest in dualism, dilemmas, contradictions, and paradoxes. In response, we have developed mechanisms to hedge, compromise, and to synthesize. Rosenthal looks at the scientific and philosophical theories and cultural movements that choice has influenced -- from physics to postmodernism, from Disney trailers to multiculturalism. He also reveals the effect of choice on the personal level, where we grapple with decisions that range from which wine to have with dinner to whether to marry or divorce, as we hurtle through lives of instant gratification, accelerated consumption, trend, change, and speed. But we have discovered, writes Rosenthal, that sometimes, we can have our cake and eat it, too. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

The problem of the one and the many is central to ancient Greek philosophy, but surprisingly little attention has been paid to Aristotle's treatment of it in the Metaphysics. The Central Books of the Metaphysics are widely recognised as the most difficult portion of a most difficult work. This title aims to examine the Central Books.

Post-foundational politics and democracy -- Agonism and democracy -- A typology of agonistic democracy -- Agonistic democracy and the question of institutions -- Agonistic democracy and the limits of popular participation -- Populism, representation, and the popular will -- Political liberalism, contingency and agonistic pluralism -- Liberalism, agonism, and democracy.

FEW PHILOSOPHERS, NONE APPROACHING HIS STATURE, would agree with Hegel’s claim that we have an ethical duty to marry. More commonly, philosophers sanction marriage as ethically permissible, as Kant does, or even, at least in recent years, reject marriage as ethically illegitimate. Hegel’s view reflects his understanding of the family as a moral institution, that is, an institution in which mere participation is a moral act and, therefore, obligatory. The notion that the family is or, at least, is supposed to (...) be moral has become so deeply ingrained that it may sound perverse to suppose that its morality needs any sort of justification; on the other hand, it is difficult to understand why marriage and family should be obligatory. The first aim of this paper is to answer the question, why does Hegel think that marriage is a moral institution that we have a duty to enter? The issue here is not how to recover or preserve “family values” but why the family has any value at all morally. To refine the issue, I will contrast Hegel’s approach with that of someone who, surprisingly, denies the intrinsic moral value of the family, Aristotle. (shrink)

This paper aims to show Hegel’s system to be a self-generating and conceptually closed system and, therefore, an idealism. Many readers have agreed that Hegel intends his logic to be a self-generating, closed system, but they assume that the two branches of Realphilosophie, Nature and Spirit, must involve the application of logical categories to some non-conceptual reality external to them. This paper argues that Nature emerges from logic by the reapplication of the opening logical categories to the final category of (...) logic, Absolute Idea, and that the resulting categories are irreducible bipartite compounds that develop into new categories by characteristic forms of self-relation following, roughly, the sequence in logic from Being through Essence. With the determination of Absolute Idea by Concept, Spirit emerges, and it develops through its own characteristic forms of self-relation until Absolute Idea is self-determined. Hence, Realphilosophie is a rigorous conceptual development that goes beyond logic without introducing anything that is not conceptual. (shrink)

A compilation of selected papers presented at the 1989 Charles S. Pierce International Congress Interest in Charles Sanders Peirce (1839-1914) is today worldwide. Ernest Nagel of Columbia University wrote in 1959 that "there is a fair consensus among historians of ideas that Charles Sanders Peirce remains the most original, versatile, and comprehensive philosophical mind this country has yet produced." The breadth of topics discussed in the present volume suggests that this is as true today as it was in 1959. Papers (...) concerning Peirce's philosophy of science were given at the Harvard Congress by representatives from Italy, France, Sweden, Finland, Korea, India, Denmark, Greece, Brazil, Belgium, Spain, Germany, and the United States. The Charles S. Peirce Sesquicentennial International Congress opened at Harvard University on September 5, 1989, and concluded on the 10th—Peirce's birthday. The Congress was host to approximately 450 scholars from 26 different nations. The present volume is a compilation of selected papers presented at that Congress. The philosophy of science and its logic are themes in the work of Charles Peirce that have been of greatest interest to scholars. Peirce was himself a physical scientist. He worked as an assistant at the Harvard Astronomical Observatory from 1869 to 1872 and made a series of astronomical observations there from 1872 to 1875. Solon I. Bailey says of these observations, "The first attempt at the Harvard Observatory to determine the form of the Milky Way, or the galactic system, was made by Charles S. Peirce....The investigation was of a pioneer nature, founded on scant data." Peirce also made major contributions in fields as diverse as mathematical logic and psychology. C. I. Lewis has remarked that "the head and font of mathematical logic are found in the calculus of propositional functions as developed by Peirce and Schroeder." Peirce subsequently invented, almost from whole cloth, semiotics - the science of the meaning of signs. Ogden and Richards, the British critics, say that "by far the most elaborate and determined attempt to give an account of signs and their meanings is that of the American logician C. S. Peirce, from whom William James took the idea and the term Pragmatism, and whose Algebra of Dyadic Relations was developed by Schroeder.". (shrink)

The last chapter of Spinoza's Theological-Political Treatise (TTP) is a brief for freedom of religion. In our enthusiasm for Spinoza's conclusion it is easy to overlook the blatant contradiction between this thesis and the central claim of the immediately preceding chapter that "right over matters of religion is vested entirely in the sovereign." There Spinoza emphasizes the necessity that there be but one sovereign in the state and the threat that autonomous religious authorities would pose to the authority of this (...) sovereign. This last claim is, in turn, bolstered by his analysis of the deficiencies of the Hebrew state in the chapter before, chapter 18, according to which it was the usurpation of political authority by priests that ultimately undermined the state. In other words, in chapters 18 and 19, Spinoza makes the case for the strict political control of religion only to conclude his treatise by arguing, in chapter 20, that the purpose of the state is, in reality, freedom and that that freedom manifests itself, in part, in freedom of religion. How could this latter not pose exactly the sort of threat to the sovereign and the state that leads Spinoza to insist on the sovereign's absolute control of religion? How can Spinoza insist that religion be both free and controlled by the state? This paper aims to answer this question and, in the process, explains a number of troubling features of the Theological-Political Treatise. (shrink)

This book discusses American pragmatism as it is found in the writings of its three major advocates: Charles S. Peirce, William James, and John Dewey. This book discusses each man's definition of pragmatism and shows how each of them applied it to one basic concept: Peirce to a theory of reality; James to a notion of truth; and Dewey to the concept of God.