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.

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)

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.

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 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)

Maimonides’ claim, in Guide of the Perplexed I.68, that our intellect, like God’s, becomes one with the object it knows would seem to be at odds with his injunction to his readers to set their “thought to work on the first intelligible” and to “rejoice in what [it] apprehends”. The former passage supposes that we grasp individual essences by themselves, whereas the latter supposes that such essences are known only through their first cause. Since we cannot grasp the first cause, (...) God, we cannot, apparently, grasp anything else or rejoice in it. After briefly sketching the solutions of Aristotle and Avicenna, this paper argues that Maimonides resolves these issues by distinguishing the metaphysical grasp of a single essence from the grasp of its relations - due to God’s will - with other essences and, more specifically, the metaphysical grasp of our own human essence from the grasp of ourselves through our physical and moral relations with the world. Insofar as we know ourselves by knowing everythi... (shrink)

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)

Halper's work develops a new approach to one of the most extensively studied philosophical classics. He removes Aristotle's Metaphysics from the medieval and contemporary lenses through which it is typically viewed and places it squarely within the context of Greek metaphysical speculation. As a result many passages become intelligible philosophical arguments.