Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

We report the results of two experiments that show that participants rely on both emotion and reason in moral judgments. Experiment 1 showed that when participants were primed to communicate feelings, they provided emotive justifications not only for personal dilemmas, e.g., pushing a man from a bridge that will result in his death but save the lives of five others, but also for impersonal dilemmas, e.g., hitting a switch on a runaway train that will result in the death of one (...) man but save the lives of five others; when they were primed to communicate thoughts, they provided non-emotive justifications for both personal and impersonal dilemmas. Experiment 2 showed that participants read about a protagonist's emotions more quickly when the protagonist was faced with a personal dilemma than an impersonal one, but they read about the protagonist's decision to act or not act equally quickly for personal and impersonal dilemmas. (shrink)

Humans have been shown capable of performing many cognitive tasks using information of which they are not consciously aware. This raises questions about what role consciousness actually plays in cognition. Here, we explored whether participants can learn cue-target contingencies in an attentional learning task when the cues were presented below the level of conscious awareness, and how this differs from learning about conscious cues. Participants’ manual (Experiment 1) and saccadic (Experiment 2) response speeds were influenced by both conscious and unconscious (...) cues. However, participants were only able to adapt to reversals of the cue-target contingencies (Experiment 1) or changes in the reliability of the cues (Experiment 2) when consciously aware of the cues. Therefore, although visual cues can be processed unconsciously, learning about cues over a few trials requires conscious awareness of them. Finally, we discuss implications for cognitive theories of consciousness. (shrink)

v. I. Graeco-Roman to early modern ethics -- v. 2. Modern and contemporary ethics.

In The Distant Relation Eoin Thomson presents innovative readings of canonical philosophic and literary texts, focusing on the distance that mediates the relation between word and thing, past and present, I and you. Through a novel convergence, itself arising from a field of philosophic and literary experimentation, he challenges previous traditions while demonstrating that his strategy is appropriate to the texts considered. The Distant Relation breaks down the artificial division between philosophy and literature by weaving contemporary philosophic arguments through (...) close readings of Carpentier, Rulfo, Paz, and Garcia Marquez. Thomson draws the reader into the largely uninhabited space between philosophy and literature, providing new critical strategies that allow text and reader to respond to the very distance they share. These strategies involve a reconceptualisation of distance that recognises the productive and affirmative nature of separation. The Distant Relation will attract anyone interested in the ongoing struggle to overcome conventional interpretations of language, time, and identity within the broader context of philosophical trends and Spanish American studies. Eoin S. Thomson is an independent scholar who has taught in the Department of Philosophy at Trent University. (shrink)

Hybrid deduction-refutation systems are presented for four first degree entailment based logics. The hybrid systems are shown to deductively and refutationally sound and complete with respect to their logics. The proofs of completeness are presented in a uniform way. This paper builds on work in [6], where Goranko presented a deductively and refutationally sound and complete hybrid system for classical logic.

There may in general be said to be two ways in which progress may be made in the understanding and towards the solution of a problem. The one is that of the continual development of it in the form originally given to it, by confirming this and rejecting that point in the light of fresh evidence, by clarification of concepts, and by detecting and resolving ambiguities and inconsistencies. Here it is assumed that the standpoint from which the problem has been (...) approached is relevant and adequate. The other is entered upon when an “impasse” has been reached which can only be avoided by the realization that the original question was asked in a way which was either partially or wholly false or misleading. This is the more radical way of partial or total reformulation of the problem to be solved. (shrink)

International Journal of Philosophical Studies, Volume 19, Issue 4, Page 638-642, October 2011.

Eoin Carney | : Continuing on from recent discussions on the overlap between Paul Ricoeur’s philosophy and care ethics, this article will aim to clarify the status of practice in Ricoeur’s work. I will argue that even though Ricoeur’s philosophy is indeed marked by its “desire for a foundation,” as care ethicist Joan Tronto has pointed out, this aim is more of a fragile wager than a principle, and is always at risk of being overturned by practices and other (...) worldviews. I will demonstrate this point by arguing that Ricoeur’s hermeneutic approach to practice leads to the view that objective methods of knowledge and explanation are always grounded by the broader hermeneutic task of practical understanding and care for the self; in moral reasoning, Ricoeur’s analysis of the conflict between respect for the rule and respect for persons results in his prioritizing of respect for the singular other rather than the universal rule, meaning that the other can always disrupt and reorient universal or foundational modes of reasoning; and finally within healthcare relations Ricoeur aims to develop an alternative understanding of respect that places it in a dialectical relation with care. These practice-oriented readings of hermeneutics, morality, and respect aim to open up a dialogue between care ethics and philosophical approaches that have often been placed outside of care ethics. | : Poursuivant les récentes discussions concernant les recoupements entre la philosophie de Paul Ricoeur et les éthiques du care, cet article a pour objectif de clarifier le statut de la pratique dans l’oeuvre de Ricoeur. Je soutiendrai que même si la philosophie ricoeurienne est bien marquée par un « désir d’un fondement », ainsi que l’éthicienne du care Joan C. Tronto le souligne, cet objectif repose plus sur un pari que sur un véritable principe, et risque toujours d’être renversé par les pratiques ou d’autres visions du monde. Je démontrerai cela en soutenant trois arguments. 1) L’approche herméneutique de Ricoeur concernant la pratique mène à penser que les méthodes objectives de connaissance et d’explication sont toujours soutenues par une tâche herméneutique plus large de la compréhension pratique et du souci de soi. 2) En ce qui a trait au raisonnement moral, l’analyse de Ricoeur sur le conflit entre le respect de la règle et le respect de la personne accorde la priorité au respect de l’autre singulier plutôt que de la règle universelle. Ainsi, l’autre peut toujours perturber et réorienter l’universel ou les modes fondateurs du raisonnement. 3) Réfléchissant aux relations thérapeutiques, Ricoeur tend à suggérer une nouvelle compréhension du respect qui se place dans une relation dialectique avec le souci. Ces lectures – de l’herméneutique, de la moralité et du respect – orientées vers la pratique ouvrent la voie à un dialogue entre les éthiques du care et des approches philosophiques que l’on considère souvent éloignées de celles-ci. (shrink)

In recent decades, neo-republican philosophers have developed a theory of freedom as non-domination, which, they claim, is conceptually and analytically distinct from the “liberal” concept of freedom as non-interference. However, neo-republicans have intervened in constitutional debate almost exclusively in relation to structural issues of institutional competence, and have made little impact on the analytical jurisprudence of constitutional rights. While judicial review seems ill equipped to respond to the distributive dimensions of republican freedom, republicans like Richard Bellamy have argued that the (...) whole edifice of countermajoritarian, strong-form judicial review is itself an affront to freedom as non-domination properly understood. Republican freedom, in this lens, is defined structurally, procedurally and politically rather than in relation to a definite set, concept or theory of rights that is put outside and beyond politics. And partly for this reason, there has been little commentary concerning how the theory of freedom as non-domination might inform constitutional-rights doctrine. This article will argue, first, that the neo-republican view can usefully inform constitutional-rights doctrine notwithstanding republican reservations concerning judicial power. Second, it will propose a number of specific ways in which the jurisprudence of constitutional rights might account for the central concerns of the republican idea. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' (...) War, a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

There are two main questions which it is possible to ask about war. The first is, whether it is inevitable; the second, whether it is desirable. The former question is one of fact, the latter one of value. In the discussions of ordinary conversation the two are frequently-confused and obscured; arguments to prove war desirable may be heard based upon the supposed fact of its inevitability, and conversely. It is worth while considering how the two are related.

v. I. Graeco-Roman to early modern ethics -- v. 2. Modern and contemporary ethics.

Defenders of legislative supremacy against judicial review have primarily invoked various virtues of legislative process – in particular, its deliberative qualities, the diverse perspectives and inputs it allows, and especially, its connection to a principle of democratic equality. However, I argue that such virtues have been overemphasised as justifications for legislative supremacy. Instead, I argue that insufficient attention has been paid to the form of legislation as a justification for giving legislatures the ‘final say’ on issues of fundamental rights. Firstly, (...) I argue that legal philosophy has underemphasised the extent to which legislative form, rather than legislative process, can mediate ‘majoritarian’ rule, and how this undermines the most commonplace arguments for rights-based judicial review of parliamentary legislation. Secondly, I suggest that the same formal attributes give legislation a virtue of political transparency which can be contrasted with the esotericism of constitutional jurisprudence, itself considered as a distinctive species of political domination. (shrink)

Personalised medicine has been discussed as a medical paradigm shift that will improve health while reducing inefficiency and waste. At the same time, it raises new practical, regulatory, and ethical challenges. In this paper, we examine PM strategies epistemologically in order to develop capacities to address these challenges, focusing on a recently proposed strategy for developing patient-specific models from induced pluripotent stem cells so as to make individualised treatment predictions. We compare this strategy to two main PM strategies—stratified medicine and (...) computational models. Drawing on epistemological work in the philosophy of medicine, we explain why these two methods, while powerful, are neither truly personalised nor, epistemologically speaking, novel strategies. Both are forms of correlational black box. We then argue that the iPSC models would count as a new kind of black box. They would not rely entirely on mechanistic knowledge, and they would utilise correlational evidence in a different way from other strategies—a way that would enable personalised predictions. In arguing that the iPSC models would present a novel method of gaining evidence for clinical practice, we provide an epistemic analysis that can help to inform the practical, regulatory, and ethical challenges of developing an iPSC system. (shrink)

ABSTRACTResistance to austerity in Ireland has until recently been largely muted. In 2013 domestic water charges were introduced and throughout 2014 a series of protests against the charges emerged, culminating in over 90 separate marches on November 1. In this paper we examine the discourses which are produced and circulated by politicians and the mainstream media about this protest movement, and offer a brief insight into the contemporary Irish context of austerity and crisis. We analyse the role of the phrase (...) ‘sinister fringe’ as a discursive device, and unpick the ways in which it has been used to explain the water charges protests to the Irish public. Our conclusions speak to the currency of the protest paradigm as a means of understanding news media reporting of protest. Ultimately we raise concerns regarding the effects of this dominant frame on deliberative democracy. (shrink)

For Ricœur any study of Freud, or of psychoanalysis more generally, needs to take into account the crucial dimension of the analytic experience itself. Psychoanalysis, as a “mixed discourse,” aims to anticipate questions of meaning and explication alongside technical questions of energies, repression, displacement, and so on. The analytic experience is one which is practical and intersubjective, but which is also guided by various techniques or methods. These techniques, I will argue, should be understood as a type of techne, one (...) which is less concerned with hermeneutic questions of meaning than with quasi-scientific questions of force, feedback, struggle, and process. The practice of psychoanalysis, on the other hand, deals with the ways in which these forces or drives become meaningful for a particular subject, and within a singular context or history. This article will aim to draw out both the interrelationship between techniques and practical understanding, and also the productive incommensurability between the two. (shrink)

ABSTRACT Because Rousseau identifies popular sovereignty with the enactment of fundamental laws, he seems to conflate popular sovereignty with constituent power: the people are sovereign because they constitute the state, without actually ruling it. However, he assigns the lawgiver, or (‘legislator’) an antecedent task that has a more obviously ‘constituent’ character – the task of constituting the people itself, as a political subject and political unity. Thus Rousseau’s lawgiver offers a template for understanding the relationship between popular sovereignty and constituent (...) power. Accordingly, I make three arguments concerning the ‘constituent’ role of the lawgiver. Firstly, I argue that Rousseau’s lawgiver belongs within a ‘realist’ tradition of constituent power, which understands the people not as the bearer of constituent power, but as its product. Secondly, since the lawgiver’s task is to alchemise peoplehood by bequeathing the people a ritual life, this helps us understand how constituent power remains ‘live’ within the social life of the republic. And thirdly, since the lawgiver effects a rupture in political time of which Rousseau judges the people itself incapable, its role is to compensate not only for the people’s incapacity to reason, but more importantly, its incapacity to act. (shrink)

After the subject" and beyond Heideggerian ontology, Marion suggests, there is the sheer givenness of phenomena without condition. In theology, this liberation means rethinking God in terms of phenomena such as love, gift, and excess. In addition to an important essay by Marion, "The Reason of the Gift," and a dialogue between Marion and Richard Kearney, this book contains stimulating essays by ten other contributors: Lilian Alweiss, Eoin Cassidy, Mark Dooley, Brian Elliott, Ian Leask, Shane Mackinlay, Derek Morrow, John (...) O'Donohue, Joseph S. O'Leary, and Felix Ó Murchadha. (shrink)

In this paper, I consider what it might mean to approach boredom as a problem of post-history, rather than of modernity as such. Post-history, or ‘end of history’, in this sense, is linked with the impossibility or unlikelihood of political-systemic change, and thus with the disappearance of the contingency or temporal flux that had been understood as the context or prerequisite of political action and political freedom. I will, argue, firstly, that both Rousseau and Fukuyama depict societies that are ‘post-historical’, (...) in this sense, and which are marked by ‘boredom’ of this specifically post-historical kind. Secondly, I will argue that both thinkers link post-historical boredom with the disappearance or diminution of the ‘drive for recognition’ that both understood as both an agent and effect of ‘history’. Thirdly, I will argue that while Fukuyama understands post-historical boredom as an ‘irritant’ that threatens to restart history without quite succeeding in doing so, Rousseau understands it as an essentially stabilising (and happy) condition that maintains post-historical man in an equilibrium modelled on the order of nature itself. And fourthly, I consider certain ways in which this ‘post-historical’ boredom might coexist and overlap with the ‘promise of intensity’ experienced in post-Fordist neoliberal society. (shrink)

In this paper, I consider what it might mean to approach boredom as a problem of post-history, rather than of modernity as such. Post-history, or ‘end of history’, in this sense, is linked with the impossibility or unlikelihood of political-systemic change, and thus with the disappearance of the contingency or temporal flux that had been understood as the context or prerequisite of political action and political freedom. I will, argue, firstly, that both Rousseau and Fukuyama depict societies that are ‘post-historical’, (...) in this sense, and which are marked by ‘boredom’ of this specifically post-historical kind. Secondly, I will argue that both thinkers link post-historical boredom with the disappearance or diminution of the ‘drive for recognition’ that both understood as both an agent and effect of ‘history’. Thirdly, I will argue that while Fukuyama understands post-historical boredom as an ‘irritant’ that threatens to restart history without quite succeeding in doing so, Rousseau understands it as an essentially stabilising (and happy) condition that maintains post-historical man in an equilibrium modelled on the order of nature itself. And fourthly, I consider certain ways in which this ‘post-historical’ boredom might coexist and overlap with the ‘promise of intensity’ experienced in post-Fordist neoliberal society. (shrink)

The relationship between constitutional secularism and gender equality acquires peculiar dimensions in the context of the laïcité project in republican France – particularly, in the contemporary conflict between a laïcité interpreted as a politics of emancipatory social transformation, and the more minimalist liberal conception prevailing in French law. The dominant narrative in the republican establishment, shared between left and right, has been that laïcité will lead to gender emancipation not only by dissolving any sectarian dimensions of women’s citizenship – that (...) is, by sustaining a religiously neutral public sphere – but also, by preventing the domination as well as the coercion of religious choice in the intimate and private spheres of family and community. In this narrative, laïcité represents a more ambitious project of gender emancipation than that promised by the liberalisms more redolent of the Anglo-American world. The apogee of this expansionary interpretation of constitutional secularism is expressed in the 2004 prohibition on conspicuous markers of religious affiliation in the public schools, and the recent debate on the ‘full’ Islamic veil. This article considers the relationship of laïcité to gender equality through the lens of the broader theoretical debate surrounding the relationship of political liberalism to the politics of non-domination. The elusive challenge is to craft a constitutional secularism that can sustain a viable politics of non-domination – going beyond the formalist voluntarism redolent of classical liberalisms, offering undominated as well as uncoerced religious choice – yet also avoiding an overzealous emancipatory stance that itself assumes a regulative role for women’s religious choices. (shrink)

The republican project of freedom as non-domination commits the State to endowing citizens with the resources and attitudes necessary to both apprehend domination and abstain from dominating others. This, some have argued, renders it incompatible with political liberalism, which eschews the promotion of personal liberal virtues, being derived independently of any 'comprehensive doctrine'. Republican freedom is therefore depicted as penetrating deeper, in its application, into intimate and 'private' spheres. I argue, through a Rousseauist interpretation of Rawls's social contract, that its (...) 'political' stricture need not, however, preclude any socially transformative, emancipatory role. Thus, the promotion of freedom as non-domination is compatible with the 'modelled constraints' of Rawls's original position. Far from transgressing the 'political' limits of State power, the goods associated with non-domination may instead be seen as necessary to the realisation of 'moral personality'—independently of the 'final ends' for which it may be exercised. (shrink)

France’s prohibition on public face-veiling was rationalised partly with reference to ‘fraternity’ – the third prong of the republican motto – as well as liberty and equality. Correspondingly, the voile intégral was widely described as transgressing republican standards of civility. Yet counterintuitively, republican civility was not understood, at least primarily, in terms of sociability or expressivity – but rather as requiring discretion, modesty and self-restraint. Therefore, the ‘full veil’ was not portrayed as an austere interpretation of religious modesty, but as (...) precisely the opposite – as an ‘ostentatious’ defiance of republican civility. It was deemed anti-republican not because it was too modest – but rather because it was too flamboyant. In this light, I argue that the law should be understood neither as a coherent republican response to problems of domination in religious life nor, however, should it be seen purely as an expression of ethno-nationalist defensiveness. Rather, it can be understood as an attempt to legislate a republican habitus, that is a set of social mores – and bodily techniques – deemed appropriate in republican society. I use the French example to consider the political function of civility understood not in relation to speech constraints but rather in terms of bodily and linguistic technique. (shrink)

Introduction : Rousseau's austerity and Rousseau's Constitutions -- The constitution of freedom -- The constitution of Autarky -- The constitution of symbol and ritual -- The constitution of deliberation -- The constitution of judgment .

For Rousseau, the primary function of the republican constitution is not to contain state power, but rather to cultivate certain personal dispositions and social forms through which the stability of a political order based on the general will can be realised. Thus, his constitutional projects for Corsica and Poland formulate peculiar constitutional devices aimed at fostering a distinctive vision of austerity as the social horizon of republican politics. I outline how Rousseau's political thought translates to a peculiar conception of constitutionalism (...) as cultivating stability conditions for the realisation of his principles of political right. In particular, I focus on how Rousseau's conception of austerity illustrates his prescient sense of the source of inequality and domination in liberal societies, insidiously embedded in symbolic and ritual forms. I also address the limitations of austerity as a constitutional antidote to domination in liberal societies. (shrink)

Deliberation is widely viewed as being intrinsic to republican citizenship. Neo-Roman republicans such as Philip Pettit value deliberation primarily for its role in rendering coercive political authority non-arbitrary and thus non-dominating. Accordingly, a deliberative public sphere is seen as necessary to foil domination in politics. In this article, I consider a countervailing view shared by two otherwise very different theorists – Pierre Bourdieu and Jean-Jacques Rousseau. In Bourdieu’s account of social practice, deliberation can harbour subtle forms of symbolic violence in (...) ways which neo-republican theory struggles to account for. Rousseau’s ‘communitarian’ politics of austerity is, I argue, undergirded by a similar concern that complex political discourse will represent a mystifying ‘sophistry’, encoded in differentiating signifiers, and thus become an insidious site of domination. Both perspectives, I argue, help to illuminate important blind spots in the neo-republican account of political deliberation in its relationship to domination. (shrink)

Anyone who has ever been moved by picture, poem or symphony will understand the power of art to bring meaning to the often dissonant counterpoint of light and darkness which is reflected in life and death. Human creativity, as the expression of hope, need and desire, is a statement of belief that life is meaningful. From classical philosophies of beauty to Celtic scholarship, through the mysticism of Patrick Kavanagh and the witness of women's writing, and from the sacred sounds of (...) Faure through the spiritual impact of the visual arts to the prophetic soundings of contemporary Irish writing, these essays suggest, that the imagination can indeed uncover neglected wells of spirituality for our contemporary society. (shrink)

Rousseau’s embrace of popular sovereignty – a sovereignty that is unmediated and unrepresented – is often understood as entailing a kind of democratic absolutism. However, Richard Tuck has argued t...

Rousseau's understanding of legislation as the expression of the general will implies a constitutional principle of legislative supremacy. In turn, this should translate to a narrow, mechanical account of adjudication, lest creative judicial interpretation subvert the primacy of legislative power. Yet in his constitutional writings, Rousseau recommends open-textured and vague legislative codes, which he openly admits will require judicial development. Thus he apparently trusts a great deal in judicial discretion. Ostensibly, then, he overlooks the problem of how legislative indeterminacy—and correspondingly, (...) judicial discretion—may undermine the authority of the general will. However, I argue that Rousseau aims to check judicial subversion of legislative supremacy simply by extending his broader social politics—and specifically, his peculiar concept of republican virtue—to the domain of law. His main concern is that the law should not develop as a mystifying expert practice; therefore, he necessarily rejects any understanding of judicial virtue as lying in principled discourse. Instead, he envisages that judicial power will be checked by a more generic sense of republican virtue. In turn this echoes his apprehension of social differentiation and social complexity as sources of domination and hierarchy. (shrink)