This paper considers the relation between philosophical discussions of, and social-scientific research into popular beliefs about, distributive justice. The first part sets out the differences and tensions between the two perspectives, identifying considerations which tend to lead adherents of each discipline to regard the other as irrelevant to its concerns. The second discusses four reasons why social scientists might benefit from philosophy: problems in identifying inconsistency, the fact that non-justice considerations might underlie distributive judgments, the way in (...) which different principles of justice can yield the same concrete distributive judgments, and the ambiguity of key terms. The third part distinguishes and evaluates three versions of the claim that normative theorising about justice can profit from empirical research into public opinion: that its findings are food for thought, that they amount to feasibility constraints, and that they are constitutive of normatively justified principles of justice. The view that popular opinion about justice has a strongly constitutive role to play in justifying principles of distributive justice stricto sensu is rejected, but it is argued that what the people think (and what they can reasonably be expected to come to think) on distributive matters can be an important factor for the political theorist to take into account, for reasons of legitimacy, or feasibility, or both. (shrink)

Retributivism may seem wholly uninterested in the fit between penal policy and public opinion, but on one rendition of the theory, here called ‘popular retributivism,’ deserved punishments are constituted by the penal conventions of the community. This paper makes two claims against this view. First, the intuitive appeal of popular retributivism is undermined once we distinguish between context sensitivity and convention sensitivity about desert. Retributivism in general can freely accept context sensitivity without being committed to the stronger notion of (...) convention sensitivity. Second, it is not obviously a merit of popular retributivism that it admits a gradual lowering of punishments by softening public opinion. Retributivists have reason to be skeptical of softening public opinion if it comes at the price of undermining the extent to which offenders are thought to deserve censure. In sum, in this paper, I argue that there are ways of making retributivism sensitive to public opinion without arriving at the conclusion that popular penal conventions should govern retributive justice itself. (shrink)

"De nos jours, la justice est omniprésente dans l’espace public. Elle nous interpelle sous diverses formes?: faits divers, procès qui enflamment l’opinion publique, jugements qui affectent la vie des citoyens ou qui changent le paysage institutionnel dans lequel nous évoluons, etc. En fait, la médiatisation de la justice joue depuis longtemps un rôle essentiel dans le débat public, la régulation sociale ou le jeu politique en Occident. En une vingtaine d’études, plusieurs facettes du lien entre (...) class='Hi'>justice et espaces publics sont explorées, de la fin du Moyen Âge jusqu’au siècle dernier, en Europe comme au Canada?: usages politiques de la justice, enjeux sociaux révélés par l’intervention judiciaire, échos médiatiques du palais et mobilisation de l’opinion publique, rôle de la presse dans les représentations du crime et des criminels, critiques du pouvoir judiciaire et des forces policières. Cet ouvrage collectif montre à quel point l’institution judiciaire a contribué à la construction de l’espace public au fil de ses transformations séculaires, combien aussi la justice ne se conçoit qu’à travers les lieux du vivre-ensemble et les différentes expressions de l’opinion publique. Le lecteur est donc convié à suivre le fil d’une vaste interrogation sur la place que la justice a historiquement occupée dans la formation de la conscience publique des sociétés occidentales." Présentation de l'éditeur. (shrink)

Applied analytical political philosophy has not been a thriving enterprise in the United States in recent years. Certainly it has made little discernible impact on public culture. Political philosophers absorb topics and ideas from the Zeitgeist, but it shows little inclination to return the favor. After the publication of his monumental work A Theory of Justice back in 1971, John Rawls became a deservedly famous intellectual, but who has ever heard political critics or commentators refer to the (...) difference principle or fair equality of opportunity in discussions aimed at a wide audience? Writing philosophically astute and beautifully accessible prose, often in not strictly academic journals of opinion, Ronald Dworkin has been in some ways the very model of a public intellectual, but the only reference to his opinions that I have seen in any newspaper occurred in a New York Times review of a restaurant near London along the Thames (as I recall, Dworkin was quoted as saying it was at the very least the best restaurant in the northern hemisphere). You might chalk up the situation to the fact that political philosophers tend to be liberal and the public political culture in the United States has been growing decidedly conservative, but that mismatch can hardly be the whole story. Right-wing libertarianism is a popular doctrine, but Robert Nozick’s classical and never superseded 1974 exploration of that view in his brilliant Anarchy, State, and Utopia is not cited. Nor is there a significant literature that seeks to derive practical policy recommendations from Nozick’s theory and relevant factual claims. Moreover, the isolation of political philosophy stands in marked contrast to the wide influence of theory in some disciplines. For example, consider the enormous germinating impact of Richard Posner’s ideas on law and economics over the past thirty years on academic and extra-academic American legal culture. (shrink)

Much NGO (Non-Governmental Organisation) fund-raising and publicity concern disasters, emergencies and the immediate relief of suffering. Donations and support may follow but they are prompted all too often by a superficially informed compassion or guilt with donors having little understanding of the results of their action. For all their impact, such campaigns can amount to demagogic sentimentalism leading to ‘compassion fatigue’ and lack of sustained support once media attention moves elsewhere. They thus undermine the unique mission of NGOs themselves. This (...) paper urges a different and more strategic approach to communication by NGOs, one which takes account of their unique status and their mission to promote solidarity. It argues that as well as solving problems of underdevelopment, NGOs need to remain independent and to shape public opinion if they are to flourish. And for this they need stable funding from informed donors giving in a spirit of solidarity to support development carried out explicitly in the name of human solidarity. The paper sets out guidelines for NGOs to communicate in ways likely to gain the support of such donors. And it describes the la Florida project in Columbia as an example of how the beneficiary can — in the spirit of solidarity — be brought to the centre of NGO action and communication. (shrink)

This monograph analyzes the moral reasoning behind people's proposed consequences for wrongdoers and compares group modes of moral decision making.

The recent struggle over the confirmation of Clarence Thomas and the credibility of Anita Hill raises in a dramatic and pointed way many of the issues at stake in theorizing the public sphere in contemporary society. At one level, the Senate Judiciary Committee hearings on Hill’s claim that Thomas sexually harassed her constituted an exercise in democratic publicity as it has been understood in the classical liberal theory of the public sphere. The hearings opened to public scrutiny (...) a function of government, namely, the nomination and confirmation of a Supreme Court justice. They thus subjected a decision of state officials to the force of public opinion. Through the hearings, in fact, public opinion was constituted and brought to bear directly on the decision itself, affecting the process by which the decision was made as well as its substantive outcome. As a result, state officials were held accountable to the public by means of a discursive process of opinion and will formation.Yet that classical liberal view of the public sphere does not tell the whole story of these events.1 If were examine the Thomas confirmation struggle more closely, we see that the very meaning and boundaries of the concept of publicity was at stake. The way the struggle unfolded, moreover, depended at every point on who had the power to successfully and authoritatively define where the line between the public and the private would be drawn. It depended as well on who had the power to police and defend that boundary. 1. See Jürgen Habermas, The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society, trans. Thomas Burger. Nancy Fraser is associate professor of philosophy and faculty fellow of the Center for Urban Affairs and Policy Research at Northwestern University, where she also teaches in the women’s studies program. She is the author of Unruly Practices: Power, Discourse, and Gender in Contemporary Social Theory. She is currently working on Keywords of the Welfare State, a jointly authored book with Linda Gordon. (shrink)

People around the world are agitating for democracy and individual rights, but there is no consensus on a theory of liberal democracy that might guide them. What are the first principles of a just society? What political theory should shape public policy in such a society? In this book, James S. Fishkin offers a new basis for answering these questions by proposing the ideal of a "self-reflective society"—a political culture in which citizens are able to decide their own fate (...) through unconstrained dialogue. Fishkin offers a comprehensive critique of liberal political theories that do not satisfy the requirements for a self-reflective society. He then explains his own theory of liberalism, showing that the freely self-examining society he advocates can provide the key to issues of political legitimacy and social justice. Fishkin proposes practical applications of his theory that would lead to more participatory democracy. Among these are deliberative opinion polls that would allow ordinary citizens to explore issues directly with candidates before elections, and vouchers that would allow them to organize representation for their interests. Fishkin examines a broad range of topics from the fresh perspective of a self-reflective society: utility and its limits, justice between generations, conflicting ideals of democracy, equal opportunity, the connections between theory and public policy, the notion of moral progress, and the bases for political obligation. His book makes a new contribution to central debates in moral, political, and legal philosophy. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables (...) us to set aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

Both the Kevelson Seminar topic, ‘Lawyers as Makers of Meaning,’ and the appearance of a highly-publicized television series in the United States dedicated to the life of President John Adams (1735–1826) invite inquiry into Adams’ role as a lawyer who shaped the meaning of the American Revolution (and his role in bringing it about). Three trials from Adams’ early legal career illustrate that he presented both himself and fellow resistance leader James Otis, Jr., as heroic loners struggling for the rights (...) of Americans against British injustice. Although he did not call it that, in 1970 lawyer and future Massachusetts Superior Court Justice Hiller Zobel, in his book The Boston Massacre, undertook what we would consider a semiotic approach that investigated the relevant codes and contexts—both the legal complexities and the audiences, other lawyers, judges, and posterity about which Adams spoke, simplifying and minimizing their roles as he maximized his own (and Otis’s). Zobel’s own relationship with Adams’ legal career appeared in his own tenure on the bench, especially in the famous ‘Nanny’ (discussed by Denis Brion, in this issue) case in which he explicitly presented the Boston Massacre Trials as a relevant precedent. Despite Adams’ willingness to subordinate his clients’ welfare to the patriot cause early in his career, it can be argued that HBO television and historian David McCullough, by presenting him to the public only flawed by his outspoken, stubborn honesty, have nevertheless performed a public service. Their version of Adams offers Americans in the twenty-first century an alternative role model to the dishonest, ill-informed politicians who use public opinion polls rather than political theory, moral philosophy, and historical knowledge as the basis of their decisions. (shrink)

Contextualist moral philosophers criticise hands-off liberal theories of justice for abstracting from the cultural context in which people make choices. Will Kymlicka and Joseph Carens, for example, demonstrate that these theories are disadvantageous to cultural minorities who want to pursue their own way of life. I argue that Pierre Bourdieu's critique of moral reason radicalises contextualist moral philosophy by giving it a sociological turn. In Bourdieu's view it is not enough to provide marginalised groups or subgroups with equal (...) access to public institutions and specific cultural rights—in some cases this may in fact be detrimental. He contends that scientists, politicians and other intellectuals have a duty to take seriously the social presuppositions of free deliberate choice and public opinion and to support cultural minorities with instruments to liberate themselves from their often precarious situation. (shrink)

David Miller est un intellectuel de gauche britannique bien connu pour ses nombreuses et importantes publications en philosophie politique et son dernier ouvrage, Principles of Social Justice, était attendu avec impatienceDans cet ouvrage, Miller propose des principes généraux de justice sociale devant guider l’organisation des principales institutions de la société ainsi qu’une justification élaborée de ces principes. C’est ce qu’on peut appeler, à l’instar de Miller, une théorie de la justice sociale. La théorie est ambitieuse, traite des (...) principaux aspects de l’organisation de la société et contient des remarques intéressantes sur les difficultés du maintien des services sociaux et des paiements de transfert dans le contexte de la mondialisation et du multiculturalisme. L’auteur prétend que ce qui caractérise sa théorie est un plus grand souci du contexte d’application de la justice ainsi qu’une considération plus systématique des opinions des gens ordinaires. (shrink)

David Miller est un intellectuel de gauche britannique bien connu pour ses nombreuses et importantes publications en philosophie politique et son dernier ouvrage,Principles of Social Justice, était attendu avec impatience. Dans cet ouvrage, Miller propose des principes généraux de justice sociale devant guider l'organisation des principales institutions de la société ainsi qu'une justification élaborée de ces principes. C'est ce qu'on peut appeler, à l'instar de Miller, une théorie de la justice sociale. La théorie est ambitieuse, traite des (...) principaux aspects de l'organization de la société (la répartition des richesses, l'emploi, l'éducation, la santé) et contient des remarques intéressantes sur les difficultés du maintien des services sociaux et des paiements de transfert dans le contexte de la mondialisation et du multiculturalisme. L'auteur prétend que ce qui caractérise sa théorie est un plus grand souci du contexte d'application de la justice ainsi qu'une considération plus systématique des opinions des gens ordinaires (préface, p. x). (shrink)

Purpose: To survey the attitudes of the general public in Sweden to biobank research and to discuss the findings in the light of some well-known ethical principles.Methods: A questionnaire was used to survey the opinions of the general public in Sweden, and an ethical analysis (using the principles of autonomy, non-maleficence, beneficence and justice) was performed to discuss the possible conditions of such research.Findings: Between 3 and 9% answered that they did not want their samples to be (...) collected and stored in a biobank. Many respondents required information about the purpose of the research and wanted to be able to consent or refuse. About one third of the respondents said they would have answered differently if financial gain was involved and those who commented indicated a more negative attitude. The principle of autonomy maintains that the right to self-determination should be respected, and the principles of non-maleficence and beneficence that the probable harms and benefits resulting from a particular project by using samples from a biobank should be balanced. The general public disagree about how these principles are to be balanced. Interpretation: In the light of the findings different interpretations of the situation as well as possible alternatives are discussed in this paper. (shrink)

Public opinion in recent years has soured on multiculturalism, due in large part to fears of radical Islam. In Multiculturalism without Culture, Anne Phillips contends that critics misrepresent culture as the explanation of everything individuals from minority and non-Western groups do. She puts forward a defense of multiculturalism that dispenses with notions of culture, instead placing individuals themselves at its core. Multiculturalism has been blamed for encouraging the oppression of women--forced marriages, female genital cutting, school girls wearing the hijab. (...) Many critics opportunistically deploy gender equality to justify the retreat from multiculturalism, hijacking the equality agenda to perpetuate cultural stereotypes. Phillips informs her argument with the feminist insistence on recognizing women as agents, and defends her position using an unusually broad range of literature, including political theory, philosophy, feminist theory, law, and anthropology. She argues that critics and proponents alike exaggerate the unity, distinctness, and intractability of cultures, thereby encouraging a perception of men and women as dupes constrained by cultural dictates. Opponents of multiculturalism may think the argument against accommodating cultural difference is over and won, but they are wrong. Phillips believes multiculturalism still has an important role to play in achieving greater social equality. In this book, she offers a new way of addressing dilemmas of justice and equality in multiethnic, multicultural societies, intervening at this critical moment when so many Western countries are poised to abandon multiculturalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Future of Environmental PhilosophyBen A. Minteer (bio)I think we should be deeply concerned about the future of environmental philosophy. It is the most marginalized of the applied ethics fields (which are often marginalized as a whole within traditional philosophy departments) and with few exceptions, it still has not made significant inroads into neighboring territories—including schools of public policy, natural resources/environment, planning, life sciences, and so (...) on. In my opinion, this is partly due to the general ideological pitch of the field and its narrow methodological orientation, at least historically. The neglect of alternative methods of inquiry, especially qualitative and quantitative work in the social sciences, is particularly troubling.Environmental ethics also has an image problem. In my experience, most natural resource professionals, policy scholars, engineers, and life scientists view our field with considerable skepticism, shaking their heads at what they see as arcane debates that do not touch upon the issues and challenges that motivate their own work. Many of our colleagues in the natural and environmental social sciences, for example, have little patience for the kind of metaethical discussions about intrinsic value, moral pluralism, etc., that have captured much of our attention in the past. They do not see what these kinds of arguments contribute to the scientific, policy, and management curricula, or what they add to their graduate students' training, or to their own research proposals. Typically, if a role for an environmental ethicist is recognized in such settings, it is often just to plug a personnel hole in an National Science Foundation proposal or to serve as a third or fourth reader on a graduate studies committee. Environmental ethics is at best an elective pursuit, it is not seen as essential.I'll be the first to admit that I have blood on my hands here (as do all of us, at least to the extent we have spent time and energy on debates over metaphilosophical issues in the field). And, of course, just because our environmental science and policy colleagues often do not see the true value of the field does not mean that it has no value. Still, I worry that the field seems to be falling into the chasm between traditional philosophy departments and environmental science, policy, and management programs. It is frequently deemed too applied and practical by many [End Page 132] philosophy departments, and too esoteric for schools of public policy, life sciences, and so on. This is not a good situation.How can we fix the image problem? Perhaps one approach would be to develop more solid links with our bioethics cousins (both philosophically and institutionally). There is a revealing story here about the different fortunes of bio- and environmental ethics, and I think we might learn from the success of the former. There will be barriers to such an alliance, however, some of which are intellectual (e.g., the rejection of conventional ethical categories and theories by many environmental ethicists is not shared by most bioethicists) while others are institutional (e.g., What practical shape would a "clinical" model of environmental ethics take? What is the market for this service? and so on).Another route would be to provide more organized and systematic attention to emerging, large-scale environmental science and policy issues—climate change, sustainability, poverty alleviation, and biodiversity loss, to name a few—that are (unfortunately, given their seriousness) viewed as "growth areas" in environmental science and policy studies. At my own institution (Arizona State University) we are moving away from an older departmental and disciplinary model to a more integrative institutional form and a transdisciplinary research culture. So, for example, we have a new school of global studies, a new school of sustainability, and so on. These are composed of a range of disciplines cutting across the natural, technical, and social sciences. There is certainly room in these initiatives and programs for a practical and progressive environmental ethics, but it must be conversant in subjects such as intergenerational equity, conservation science, economic valuation, environmental justice, and the normative dimensions of environmental science policy. I think there is an important role for us to play in these sorts of endeavors (which are popping... (shrink)

Some self-declared defenders of democracy maintain that a suspension of the ‘cosmopolitan agenda’ is necessary to blunt the appeal of insurgent right wing populism. I argue that cosmopolitans should support this ‘inward turn’ when doing so helps to preserve the long-term viability of that agenda. Cosmopolitans must certainly motivate citizens of different countries to support it. However, they must also encourage those citizens to support democracy and inclusion at home, for support for the cosmopolitan agenda becomes less likely in its (...) absence. Therefore, cosmopolitans should support the inward turn when doing so makes it harder for right wing populists to erode popular support for democracy, inclusion, and the cosmopolitan agenda. Practically speaking, then, cosmopolitanism should not look that different from liberal nationalism in the short-term. Unlike liberal nationalists, though, cosmopolitans should only prioritize the defense of democracy and inclusion at home for practical reasons – not normative reasons. Accordingly, cosmopolitanism should look different from liberal nationalism in the long run, but not radically so. I engage with the empirical literature on public opinion and pay special attention to Lea Ypi’s argument for ‘statist cosmopolitanism.’. (shrink)

Background Issues of the aging population and disability of older persons have been rapidly developing in China over the past 20 years. Since 2016, the Chinese government has been exploring remedies to alleviate social and family burdens and ensure the dignity of the disabled old persons by implementing long-term care insurance systems in a few pilot cities across the country. Purpose The purpose of this study is to present the current challenges faced by China’s long-term care insurance system and put (...) forth suggestions for the future, based on literature research and the feedback obtained from its implementation in pilot areas. Research Design This paper conducts a theoretical study based on the principles of public health ethics. Study Sample Since 2016, China has launched two batches of pilot cities for long-term care insurance. The analysis object of this study is the feedback on the policy implementation of the existing 29 pilot cities that participated. The relevant data involved in the analysis are from the authors' field research and published literature on the analysis of pilot cities. Analysis The ethical value and importance of long-term care insurance policies in China are evaluated from the perspectives of policy philosophy and social individual interests. Results The results of this evaluation show that the core ethical values were not met in the development of China’s current long-term care insurance system. Moreover, distributive justice norms were neglected, and access to the system between different social groups and within the groups covered by it was unequal. Conclusions This paper argues that long-term care insurance should not differentiate between urban and rural areas in allocating nursing resources. Additionally, it would be essential to build democratic supervision and manage public opinions by adopting open and transparent information-sharing policies. Standards of disability assessments and treatment payment should be at par to ensure a balance between the rights and obligations of policyholders. (shrink)

In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow (...) about the rationality of voting and duties of elected officials: (A) Voting is typically rational for the members of a political party’s base; (B) Voting is often (but not always) irrational for “swing” voters (i.e. independent voters who are not affiliated with any political party, as well as “undecided” voters who are considering voting across party lines); and (C) Elected officials have a moral duty to respond to changing levels of popular support once in office, as indicated by properly monitored and corroborated public opinion polls of constituents, functioning more as delegates the lower their level of popular support. Finally, I suggest that the last of these conclusions has wide-ranging implications for political ethics. I illustrate these implications by focusing on the questions -- under debate in the 2016 US Presidential election cycle -- of whether a sitting President has a moral duty to nominate or not nominate a new Supreme Court justice during his or her final year in office, and similarly, whether US Senators have a moral duty to obstruct, or not obstruct, confirmation of the President’s eventual nominee. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:126 HISTORY OF PHILOSOPHY be used in a thousand different ways; it has been a misty halo which could be summoned to surround all revolution and every reaction. To the extent that the limitation upon man's right to consent to either tyranny or chaos was ignored or rejected in particular circumstances, it became associated with the dream of all the discontented and unfortunate. It has been a symbol (...) which might be invoked by all who have sought power with the support of the people. Popular sovereignty almost, but never quite, became the principle that work-a-day political justice is merely what the people want. The transition from historic popular sovereignty to Western democracy was a product of an age of confusion which began in the sixteenth century. On the one hand, there were specific things which it was considered that the power of the people should do, and therewith emerged the whole problem of what practical techniques the people might use. On the other hand, the basic divisions in modern theory of the function of public opinion appeared as the problem's philosophical counterpart (p. 12). Prof. Wilson traces the growing recognition and respect for "opinion" in politics from Plato, who had a low opinion of it, through the Medieval controversies to Marsilius of Padua, who, on Aristotelian premises formulated the "modern" principle that "the whole body of the citizens, or the weightier multitude thereof, which must be taken for the same thing, can better discern what must be elected and what rejected than any part of it taken separately" (p. 28). From this doctrine to the theory of popular sovereignty the way is fairly evident. But the story from the faith in popular sovereignty to a genuine theory of the legitimate and useful functions of public opinion and to a conception of institutionalized public opinion, which is central to modern democratic theories, is an intricate development. This story the author tells with great skill and with many references to the important literature. HERBERT W. SCHNEIDER Claremont, CaliJornia Rational Man: A Modern Interpretation of Aristotelian Ethics. By Henry Babcock Veatch. (Bloomington: Indiana University Press, 1962. Pp. 226. ~5.00.) Professor Veatch's book is an engaging one in its plea that philosophers be allowed to write (and that some should write) in "normative ethics" and not just in "recta-ethics." It is only less engaging in its exposition and advocacy of a Socratic-Aristotelian doctrine that the good life for man is an "examined life" and is a striving for the natural end of man as a rational animal. It is least engaging (and least accurate) in its counterattack, probably uncalled for in the thesis, on Moore's attack on the "naturalistic fallacy," which Mr. Veatch holds responsible, whatever may have been Moore's intention, for all the noncognitivists--emotivistor existentialist or popular. Moore's criticism of the naturalistic fallacy, right or wrong, has had the tribute of an extraordinary number of interpretations and criticisms in turn. Mr. Veatch's will not, I think, add to our understanding of the matter. Aristotle's opening "The good is that at which all things aim" is notoriously equivocal. Does it tell us what things aim at or what the good is? Mr. Veatch takes it as defining good but as needing, and having, the specification that the good is what a thing aims at "by nature," properly. I do not think this is Aristotle's basic doctrine. His very equivocality and circularity is perhaps his final sagacity in a subject not meant for scientific precision and he might better be taken on his word in the Rhetoric: The good is what would be chosen by the ablest man, with relevant knowledge, if the man is good. Virtue has happiness as its aim and happiness is a life in accordance with virtue. BOOK REVIEWS 127 And yet, with all his caviling, Aristotle does back up Socrates's examined life and his acceptance of arete as arete of someone and for something with the application of "know thyself" to the definition of man as a rational animal and with the advice that we try (some few) to reason and (all) to be... (shrink)

The purpose of this article is to systematize and generalize information about the political right-conservative movement in modern Poland. In the course of the study, the potential for support for right-wing parties exists in every society. It can grow due to two groups of factors. The first concerns issues related to the difficult economic situation, the modernization of societies or cultural aspects, which are called demand-related in the literature. The second large group consists of supply factors: factors of possible political (...) success (structure of political opportunities), electoral rules, inter-party competition, the role of the mass media, the structure of political divisions or the role of the winning ideology. Polish right-wing conservatism and nationalism is characterized, both in the past and in the present, by a powerful influence on the social and political life of the Republic of Poland, acting as a fundamental element of the unification of the Polish people. This movement retains its traditional features, which are reflected in the ideology of the Polish ruling party “Law and Justice”, which adheres to a national-conservative orientation with elements of clericalism, maintains close ties with the Catholic Church and organizations close to it. In the period after coming to power (2015), “PiS” slowly but steadily lost its Christian-democratic character and evolved into a conservative political force. This allowed “PiS” to win elections for a long time, and in 2023, it allows it to maintain leading positions in public opinion polls regarding support for political parties. In the field of international relations, supporters of “PiS” operated with judgments that expressed the ideas of nationalism, presenting the Poles as a strong nation that should occupy an important place among other countries. The process of creating right-wing conservative political parties and associations in Poland continues on an ongoing basis. The strengthening of nationalist movements in Poland takes place with the support of the state authorities of the Republic of Poland and is accompanied by a gradual shift of emphasis on controversial historical issues in the direction of nationalist ideology. Despite official Warsaw providing political support to Kyiv in the international arena in connection with the Russian military threat, the authorities of the Republic of Poland have no intention of blocking anti-Ukrainian activities carried out by Polish national-patriotic right-wing movements. This is due to the preparation of the ruling elite for the celebration of the 80th anniversary of the tragic events in Volyn in 2023, as well as the parliamentary election campaign. In the future, the activation of radical right-conservative formations on the territory of the Polish-Lithuanian Commonwealth may lead to protest actions in Poland, the purpose of which will be the dissemination of information unfavorable to our state in the Polish information space, which will have a negative impact on the formation of the foreign policy vector of the Polish-Lithuanian Commonwealth in the Ukrainian direction. (shrink)

This paper examines how civil society actors in the EU utilize the political and legal opportunities provided by the EU’s fundamental rights policy to mobilize against discrimination, notably racism, and xenophobia. It emphasizes the multiple enabling roles that this policy provides to civil society associations engaged in judicial activism, political advocacy, and service delivery both at the EU and Member State levels, and assesses their effectiveness. It describes several factors that hinder the implementation of EU fundamental rights policy and reviews (...) the strategies of civil society to overcome them. It highlights the reluctance of parts of public opinion to combat ethnic prejudice, considers reactions against what at a time of crisis is perceived as a costly project of social regulation, and examines civil society responses. The data sources consist of interviews with bureaucratic and civil society actors at EU level. (shrink)

The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting (...) such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices. (shrink)

Drawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in war and (...) in trade. It proposes that international law, too, is itself a kind of technology: one intended to manage the material and existential risks inherent in the creation of a new international, postcolonial, political community emerging out of the Second World War. Members of this community are imagined to possess a universal quality: humanness, which itself is underscored by a power of invention. Yoriko Otomo demonstrates how international lawyers' inability to adjudicate questions of large-scale technological risk is due to the competing and intractable claims of international law.Offering a feminist analysis of the political economy that has created this crisis of governance, the book provides a way of understanding the structural inequities that will need to be addressed if international law is to remain a relevant forum for the adjudication of war and trade into the 21st century. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 39.4 (2006) 333-339MuseSearchJournalsThis JournalContents[Access article in PDF]On Persuasion, Identification, and Dialectical SymmetryKenneth BurkeEdited with introduction by James ZappenNote: This untitled paper was found in two typed copies among the books and papers in Kenneth Burke's personal library in July 2006—one copy folded into a heavily used Loeb edition of Aristotle's Rhetoric, the other in a small file cabinet in the library.1 The two copies are (...) nearly identical carbon copies, probably typed by Burke's wife Libby; the original has not been found.2 The paper includes brief discussions of persuasion, identification, and dialectical symmetry (hence the current title), plus brief critiques of behaviorism and general semantics, with specific reference to Alfred Korzybski's notion of the structural differential. It was probably written in the mid-1940s, after the second edition of Korzybski's Science and Sanity and The Philosophy of Literary Form, both published in 1941; perhaps at roughly the same time as the more extended discussions of behaviorism and Korzybski in A Grammar of Motives, published in 1945; and before the full development of Burke's ideas about persuasion, identification, and dialectical symmetry in A Rhetoric of Motives, published in 1950. The paper might have been prepared for a public lecture or for circulation among Burke's literary friends, as a brief commentary on some of the key concepts in A Rhetoric of Motives, while he was completing A Grammar of Motives or perhaps shortly following its publication. If so, then it might have been written as late as 1947.3This paper suggests that Burke's concept of identification was in part a creative response to current issues in behaviorism and general semantics, formulated in sympathy with George Herbert Mead's observations on identification, communication, and community in Mind, Self, and Society and The Philosophy of the Act and in opposition to Korzybski's general semantics and his structural differential. Moreover, and more important, this paper suggests that the final section of A Rhetoric of Motives, titled simply "Order," is essential to a complete understanding of Burke's ideas about persuasion and identification since only in this last section does Burke show how competing points of view [End Page 333] might be reconciled in an ultimate identification via the dialectical symmetry that he traces through the long history of Platonic thought.4James P. Zappen Department of Language, Literature, and Communication Rensselaer Polytechnic Institute* * *What, in sum, would be the salient traits of Aristotle's Rhetoric?5 And what would be our attitude towards them?His "art" is constructed about his stress upon persuasion as the purpose of rhetoric. Hence he surveys the resources of rhetoric, to the end that one might use the best means available for a given situation. To narrow down the choice of means, he makes a division into kinds of oratory: deliberative (concerned with the expediency of steps still to be taken); forensic (concerned with the justice or injustice of past acts); and demonstrative or epideictic (concerned with praise and blame, primarily involving the present). But to be effective in any of these kinds, one must appeal to the opinions of one's audience—hence the lists of "topics" reviewing such opinions. First he considers the components of happiness, on the grounds that all men aim at happiness, hence this topic figures in all persuasion and dissuasion. For deliberative oratory specifically, he lists the topics naming men's opinions as to the good, the expedient, and their opposites (along with relevant observations on different forms of government). His topics for epideictic, dealing with praise and blame, comprise the things men consider virtuous and vicious. And his list of forensic topics has to do with the motives and effects of just and unjust acts. Also, there are such general topics as the possible and impossible, the more and the less, the likely and the unlikely.Enthymemes (deductions based on opinion) fit well with forensic, he says. Rhetorical induction (example) best suits the deliberative. And to epideictic, amplification (auxesis... (shrink)

Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise (...) act reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut, which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade, which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:102 HISTORY OF PHILOSOPHY historical circumstances a suprahistorical, eternal significance, and that a historian or interpreter of a philosophy will do it justice only if he grasps this lasting truth and content, in addition to comparing it with the opinions of other earlier or later thinkers. One cannot see how a thinker who considered Plato as valid while treating him and others historically could have arrived (...) at a different conclusion. But it is a position admirably expressed that would deserve greater attention and a wider following among the present practitioners of the history of philosophy. Hoffmann's method and style in this, as in most of his other writings, deserve the highest praise, for he combines simplicity with density. His manner of expression reflects his commitment to truth (a commitment curiously omitted by many contemporary existentialists), and the integrity of his character: Hoffmann was one of the few German scholars who made no concessions to Nazism because he was a faithful representative of that German tradition which was incompatible with Nazism: classical humanism in its scholarly, literary and educational meaning, philosophical idealism, and liberal protestantism. Guided by Plato, Kant and Goethe, Hoffmann was untouched by the Romantic and nationalistic strands of German thought. His work transmits to us the precious heritage of a life completely devoted to philosophy and to scholarship, and of an important period in the history of German thought. He omits many things which we have learned in the last few years, or which we may still learn through future studies. Yet he can teach us many important things that are too easily forgotten in our present discussions: the role of Platonism in the history of philosophy and of the sciences, and the fundamental impact of ancient philosophy upon early Christian, medieval and modern thought. It is a heritage which we should try to enlarge, if we can, but also strive to preserve, and to keep alive. PAUL OSKARKRISTELLER Columbia University Studies in Epicurus and Aristotle. By Philip Merlan. (Wiesbaden: Harrassowitz [Klassisch-Philologische Studien, Heft 22], 1960. Pp. viii + 112. P1. 4. DM 12.--) Ever since the publication in 1936 of Bignone's L'Aristotele perduto e la formazione filosofica di Epicuro there have been attempts to define the exact nature of the debt which Epicurus owes to the Peripatos. In this collection of essays, the author of From Platonism to Neoplatonism turns his keen powers of analysis upon a number of specific problems deriving from Plato's Laws and carrying us via Aristotle's Metaphysics and Ethics to Epicurus's theology and beyond. In the first chapter, "Hedone in Epicurus and Aristotle," the author takes us on a generous stroll through hedonist materials, BOOK REVIEWS 103 including an ode by Schiller, to explore the precise meaning of the term hedone. More especially he is concerned to show how close the Epicurean understanding of the term is to that of Aristotle in at least some of his writings, notably Protrepticus and Nic. Eth. H and Met. A. The results of this investigation may be stated in the author's own words: Whether it occurs in Epicurus or in Aristotle, the term hedone can mean anything between gross sensual "pleasure" and entirely spiritual "joy." And on the whole it seems preferable to speak of the philosophy of Epicurus as a philosophy of joy rather than of pleasure. As far as Aristotle is concerned, it seems more appropriate to say that his Changeless Changer (or Changeless Changers) live a life that is filled with joy rather than pleasure, and that his hedonism is ultimately rooted in that of Eudoxus. Chapter 2, "How Many Kinds of Divinities Did Epicurus Recognize?," argues from the theory of the existence of indiscernible non-identicals (Cicero,4cademica 2.17.55; Philodemus De Pietate col. 80 = fr. 40 Us.) and from the theory of "isonomia," i.e., the balancing of one class of things by an equally large class of a different or opposite character (cf. C. Bailey, Greek Atomists, p. 461 ff.) that the Epicureans recognized two types of worshippables, as is indeed suggested by schol. Diog. Laert. 10.139: (I) the popular traditional divinities who are kar arithmon, i.e., severally unique, and... (shrink)

Two claims have been explored, the first, that fool-proof proofs of the sort that there could be if there were a God like the God of Abraham, Isaac and Jacob are not to be expected, on good religious grounds (a claim I found wanting); and second, that there cannot be philosophical proofs of God which work beyond reasonable doubt.The argument that there cannot be philosophical proofs beyond a reasonable doubt is supported by an examination of some of the fundamental issues (...) in the traditional discussions of proofs for God's existence, and by claims about the relativity of methodological rules to world-views which, I maintain, the traditional discussions indicate. I do not claim to have proved that relativity, only to have illustrated the claim that it is there.It is my further opinion, but I do not claim really to have proved it, that the failure of religious excuses for the lack of public demon strations constitutes a good reason for concluding that there is no God of the sort described as the God of Abraham, Isaac and Jacob; hence that if there is a God, it must be the God of the philosophers. However I admit that there might be sufficient hidden reasons which would offer persuasive excuses for the God of the ordinary believer.Lastly, I have made some comments about what I think is the more valuable way to view the “proofs for God.” Such an interpretation does justice to the otherwise baffling and continual philosophical disagreements better than rival theories. It is time we take these disagreements with utmost seriousness, and one can hardly do that while treating basic metaphysical arguments as fool-proof proofs. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 373 in the analysis of the "artificial" virtue of justice. Though he uses the term "faculties" as synonymous with energies or powers, he warns against the "faculty psychology" that uses faculties as explanations or causes. Hume writes: "By will I mean nothing but the internal impression we feel.., when we knowingly give rise to any new motion of our body or new perception of our mind." (...) A voluntary action, being "knowingly" aroused, is not a mere "direct " passion arising immediately from sensation; nevertheless, it belongs to the realm of passions rather than of judgments. It is included in the "bundle of impressions" psychology. Hume attempts to explain how the passion of sympathy serves to communicate impressions. Emotional expressions require the operation of the "imagination" to generate the social controls of conscience and to explain the origin of responsibility in terms of approvals and disapprovals. In this connection, /~rdal points out the differences between Hume's and Adam Smith's psychology of sympathy, ttume is content to rely largely on "imagination" to explain social sensitivities, whereas Adam Smith develops the theory that by sympathy men are led to put themselves in the place of others and thus to get a "disinterested spectator" view of passions. This seems to me a minor difference, and Hume, though he knew of Adam Smith's theory, and though he criticized him on other points, does not directly obiect to this particular doctrine of Adam Smith. It is, in fact, related to Hume's own analysis of justice as an "artificial" virtue, not directly related to the self-regarding passions. What separates Smith from Hume is his discussion of sympathy in the context of pity and benevolence which the Scottish moralists had made basic, whereas ttume keeps sympathy as a passion distinct from the virtues. In general, I have the "impression" that Hume, after he made this elaborate effort to apply experimental method to the passions and to valuational expressions, left the further development of this psychology to his close friend, Adam Smith, while he turned to "political essays" and to the more practical problems of the Enquiry. In his political essays, which brought him into public recognition in England and on the Continent while the Treatise continued to be basic for the Scottish social psychologists, Hume became especially concerned to call attention to the social operation of "opinions" and faiths. Therefore, it seems to me to be a mistake to regard the Enquiry as merely a "popular" edition of the Treatise. Hume shifted his interest from the critique of Locke's psychology to the practical problems of politics and morals. His History deals less with the psychological "origins" of customs, beliefs, and habits, more with their power in shaping the course of events. In other words, for Hume's ideas about judgments of value and the motivation of policies and principles, one must turn to Hume's later writings. The reader of ~rdal's excellent analysis of the Treatise cannot refrain from hoping that the author will make a similar examination of Hume's later "moral science." For, in addition to clarifying Hume, it will give.Ardal an opportunity to continue his own critical insights on present-day discussion of emotivist and intuitional ethics, which are not the least valuable feature of this volume. HERBERT W. SCHNEIDER Claremont, California Jean-Jacques Rousseau. By Jean Gu~henno. Translated from the French by John and Doreen Weightman. (2 vols. New York: Columbia University Press, 1967. Vol. I, pp. xvi + 460. Vol. II, pp. xi + 316. set $17.50.) Rousseau and Jean-Jacques It has been Rousseau's peculiar fate to exercise a double fascination. A major philosopher, especially in the fields of education, politics, and morality, Jean-Jacques has also been read, loved, and hated as a man. In reading again Jean Gu~henno's impressive biography, recently published in an excellent English translation, one wonders why so much attention has been paid to Rousseau's private life. Surely it is not because he lacks the credentials of a serious thinker; the Second Discourse alone, not to mention the Emile and Social Contract, would presumably ensure Rousseau's place in any historical survey of Western... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 373 in the analysis of the "artificial" virtue of justice. Though he uses the term "faculties" as synonymous with energies or powers, he warns against the "faculty psychology" that uses faculties as explanations or causes. Hume writes: "By will I mean nothing but the internal impression we feel.., when we knowingly give rise to any new motion of our body or new perception of our mind." (...) A voluntary action, being "knowingly" aroused, is not a mere "direct " passion arising immediately from sensation; nevertheless, it belongs to the realm of passions rather than of judgments. It is included in the "bundle of impressions" psychology. Hume attempts to explain how the passion of sympathy serves to communicate impressions. Emotional expressions require the operation of the "imagination" to generate the social controls of conscience and to explain the origin of responsibility in terms of approvals and disapprovals. In this connection, /~rdal points out the differences between Hume's and Adam Smith's psychology of sympathy, ttume is content to rely largely on "imagination" to explain social sensitivities, whereas Adam Smith develops the theory that by sympathy men are led to put themselves in the place of others and thus to get a "disinterested spectator" view of passions. This seems to me a minor difference, and Hume, though he knew of Adam Smith's theory, and though he criticized him on other points, does not directly obiect to this particular doctrine of Adam Smith. It is, in fact, related to Hume's own analysis of justice as an "artificial" virtue, not directly related to the self-regarding passions. What separates Smith from Hume is his discussion of sympathy in the context of pity and benevolence which the Scottish moralists had made basic, whereas ttume keeps sympathy as a passion distinct from the virtues. In general, I have the "impression" that Hume, after he made this elaborate effort to apply experimental method to the passions and to valuational expressions, left the further development of this psychology to his close friend, Adam Smith, while he turned to "political essays" and to the more practical problems of the Enquiry. In his political essays, which brought him into public recognition in England and on the Continent while the Treatise continued to be basic for the Scottish social psychologists, Hume became especially concerned to call attention to the social operation of "opinions" and faiths. Therefore, it seems to me to be a mistake to regard the Enquiry as merely a "popular" edition of the Treatise. Hume shifted his interest from the critique of Locke's psychology to the practical problems of politics and morals. His History deals less with the psychological "origins" of customs, beliefs, and habits, more with their power in shaping the course of events. In other words, for Hume's ideas about judgments of value and the motivation of policies and principles, one must turn to Hume's later writings. The reader of ~rdal's excellent analysis of the Treatise cannot refrain from hoping that the author will make a similar examination of Hume's later "moral science." For, in addition to clarifying Hume, it will give.Ardal an opportunity to continue his own critical insights on present-day discussion of emotivist and intuitional ethics, which are not the least valuable feature of this volume. HERBERT W. SCHNEIDER Claremont, California Jean-Jacques Rousseau. By Jean Gu~henno. Translated from the French by John and Doreen Weightman. (2 vols. New York: Columbia University Press, 1967. Vol. I, pp. xvi + 460. Vol. II, pp. xi + 316. set $17.50.) Rousseau and Jean-Jacques It has been Rousseau's peculiar fate to exercise a double fascination. A major philosopher, especially in the fields of education, politics, and morality, Jean-Jacques has also been read, loved, and hated as a man. In reading again Jean Gu~henno's impressive biography, recently published in an excellent English translation, one wonders why so much attention has been paid to Rousseau's private life. Surely it is not because he lacks the credentials of a serious thinker; the Second Discourse alone, not to mention the Emile and Social Contract, would presumably ensure Rousseau's place in any historical survey of Western... (shrink)