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.

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.

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)

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 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)

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.

Heraclitus is famous for affirming contradictions, though most readers do not regard the content of his fragments as contradictory. Examining fragments 1 and 50, this article argues that Heraclitus aims to assert a special class of contradictions, the intrinsic conflict between the content of any universal metaphysical claim and the assertion or reception of that claim. Such contradictions undermine the possibility of metaphysics as a science that knows all things. Second, the article argues that Heraclitus himself embraces this sort of (...) contradiction by making it, as it were, the content of his Logos. Third, the article examines three other solutions to the problem that have been advanced, mostly tacitly, by other philosophers. The article concludes with some steps towards a different way of preserving the possibility of metaphysics. (shrink)

After showing how Aristotle justifies his doctrines by demonstrating how they resolve one/many problems, the author uses this justification to clarify the doctrines and what is puzzling in them.

This paper explores two issues: (1) how our thought about nature could reflect natural processes, and (2) how our thoughts about nature are connected with each other. It argues, first, that the standard ways philosophers try to make sense of the notion that thought is separate from nature cannot be made intelligible and, second, that the conceptual schemes used to grasp nature fall broadly into two groups each of which presupposes the other, even though the two are incompatible. Although these (...) conclusions pose obstacles to the rationality of nature, the paper concludes by arguing for some significant degree of rationality of nature and explaining what this means for science. In brief, our ability to have an experience of nature and, especially, to connect disparate features of that experience with each other presupposes some intrinsic connections within nature itself, even if these are inaccessible to us. (shrink)

Suffering, alongside the feeling of sanctity of life, pervades human experience, generating primal anxiety, which humans learn to shore up with social solidarity and with the practice of communication in religious rituals. The roots of social belonging spring from the primordial sentiments toward ethnicity, race, language, religion, customs and traditions, and region. Self–identity, mediated by mental formations derived from social relations, is composed of thinking and values. Daily experience reveals that cultural differences produce blind spots in thinking and barriers in (...) values—‐governing areas of activity, social relations, the world, and identity of being—‐that impedes cross—‐cultural understanding. (shrink)

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)