In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.

David Lyons is one of the pre-eminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad the law (...) of a community might be, strict conformity to existing law automatically dispenses 'formal' justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions. (shrink)

Thompson considers the concept of international justice as it has developed in political theory from Hobbes to the present day, and develops a theory designed to take account of both individual freedom and differences among communities. This title available in eBook format. Click here for more information . Visit our eBookstore at: www.ebookstore.tandf.co.uk.

The political changes of recent years and the problems of poverty, the environment and nationalism have led to calls for the establishment of a just world order. But what would such a world be like? This book considers the concept of international justice as it has developed in traditional political theory from Hobbes to Marx and in contemporary writing on the subject. It develops a theory of international justice designed to take account of both individual freedom and the (...) differences among communities. (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

Democracy has been a flawed hegemony since the fall of communism. Its flexibility, its commitment to equality of representation, and its recognition of the legitimacy of opposition politics are all positive features for political institutions. But democracy has many deficiencies: it is all too easily held hostage by powerful interests; it often fails to advance social justice; and it does not cope well with a number of features of the political landscape, such as political identities, boundary disputes, (...) and environmental crises. Although democracy is valuable it fits uneasily with other political values and is in many respects less than equal to the demands it confronts. In this volume prominent political theorists and social scientists present original discussions of such central issues. Democracy's Values deals with the nature and value of democracy, particularly the tensions between it and such goods as justice, equality, efficiency, and freedom. (shrink)

With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international criminal norms. If the (...) source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries. (shrink)

What is justice? -- The idea of justice in the Holy Scriptures -- Platonic justice -- Aristotle's doctrine of justice -- The natural-law doctrine before the tribunal of science -- A "dynamic" theory of natural law -- Absolutism and relativism in philosophy and politics -- Value judgments in the science of law -- The law as a specific social technique -- Why should the law be obeyed? -- The pure theory of the law and analytical jurisprudence -- Law, state, and (...) justice in the pure theory of law -- Causality and retribution -- Causality and imputation -- Science and politics. (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 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)

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

Les règles de la justice sont, d'après Friedrich Hayek, l'effet d'un ordre spontané et non de la volonté délibérée des hommes. Cette thèse renvoie à une conception de la règle abstraite et générale dont ce livre montre le lien avec les limites de la raison, l'abstraction constituant, selon Hayek, le moyen pour l'esprit de s'occuper d'une réalité que celui-ci ne peut entièrement comprendre. Une "primauté de l'abstrait" s'applique ainsi non seulement à l'ordre social - guidé par les règles abstraites de (...) la justice, mais également à l'ordre sensoriel, c'est-à-dire à notre perception du monde extérieur et aux dispositions à agir qui en résultent. Comment comprendre le lien entre cette primauté de l'abstrait et le libéralisme de Hayek, en particulier concernant sa conception de la "morale du marché" comme discipline des règles abstraites et son rejet de buts particuliers guidant l'action publique? Enfin, Hayek a-t-il eu raison d'attribuer au philosophe empiriste David Hume une telle conception de l'abstraction?"--Page 4 of cover. (shrink)

Bonnie Honig invigorates debate over the politics of refusal by insisting that withdrawal from unjust political systems be matched with collective action to change them. Historical and fictional characters from Muhammad Ali to the Bacchants of ancient Greek tragedy teach us how to turn rejection into transformative efforts toward self-governance.

Thinking about justice -- The possibility of a justice convention -- The justice convention continued: Deliberating about the proper scope of public protection -- The justice convention continued: Deliberating about the appropriate response to wrongdoing -- The justice convention continued: Deliberating about criminal procedure -- The justice convention concluded: Deliberating about equality -- From natural law to human rights -- Nuremberg and beyond: the creation oa a system of international criminal justice -- Transitional justice: New democracies grapple with their past (...) -- The right to be let alone: determining the scope of personal freedom -- Justice in a lifeboat: Thinking about life-life tradeoffs -- Restorative justice: A challenge to the currrent system of criminal justice -- Sentencing offenders in noncapital cases -- Sentencing offenders in capital cases: The death penalty -- Justice and mercy. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific (...) changes in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.

Fiscal equivalence in the public administration of justice requires local police and courts to be financed exclusively by the populations that benefit from their services. Within a polycentric framework, broad based taxation to achieve fiscal equivalence is a desirable principle of public finance because it conceptually allows for the provision of justice to be determined by constituent’s preferences, and increases the political accountability of service providers to constituents. However, the overproduction of justice services can readily occur when the (...) benefits of the justice system are not enjoyed equally. Paradoxically, the same properties that make fiscal equivalence desirable by imposing restraint and control between constituents and local government also create internal pressures for agents of the state to engage in predatory, revenue-generating behavior. (shrink)

Justice at Nuremberg traces the history of the Nuremberg Doctors' Trial held in 1946-47, as seen through the eyes of the Austrian bliogemigrbliogé psychiatrist Leo Alexander. His investigations helped the United States to prosecute twenty German doctors and three administrators for war crimes and crimes against humanity. The legacy of Nuremberg was profound. In the Nuremberg code--a landmark in the history of modern medical ethics--the judges laid down, for the first time, international guidelines for permissible experiments on humans. One of (...) those who helped to formulate the code was Alexander. Justice at Nuremberg provides a detailed insight into the origins of human rights in medical science and into the changing role of international law, ethics and politics. (shrink)

Providing a novel multi-disciplinary theorization of memory politics, this insightful Handbook brings varied literatures into a focused dialogue on the ways in which the past is remembered and how these influence transnational, interstate, and global politics in the present. With case studies from Africa, East and Southeast Asia, Europe, South America, and the United States, the Handbook focuses on the political features of historical memory in international relations. Chapters examine key concepts of memory politics, including accountability, commemoration and memorialization, (...) the Europeanization of memory, and the politics of trauma and victimhood, as well as analyzing different sites of memory, from the human body and memorial sites to media, film, and television. It also answers essential questions such as who and what determines the relevance of the past in the present; how does memory become a political question; and what are the political effects and ethical implications of its mobilization? Exploring the links between the politics of memory, international ethics, law, and diplomacy, this stimulating Handbook will be essential reading for students and scholars of politics and international relations, cultural studies, history, and transitional justice. Its discussion of notable agents and practices of memory politics will also be beneficial for practitioners working in human rights, politics, and public policy. (shrink)

ABSTRACT Every social order depends on a pathway to atonement for those who breach behavioral expectations. However, observers from a variety of fields now agree that the United States has entered an age of non-apology, where the two words “I’m sorry” simply cannot be said, particularly by powerful men facing allegations of sexual misconduct. This essay draws attention to, and comments upon, this trend. We first identify the sociopolitical factors that have inaugurated the era of non-apology, namely growing political (...) polarization. We then explain the consequences of this shift in societal expectations surrounding apology. This state of affairs, which associates genuine apology with emasculation and defeat, is harmful: it foments a toxic culture that will not allow redress for survivors of sexual assault and harassment; and it provides no answers to complex questions of how society can address the guilt of those who engage in sexual misconduct. (shrink)

Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to open dispute. Today, however, human-rights activists and international feminists join critics of structural adjustment and the World Trade Organization in challenging the view that justice can only be a domestic relation among fellow citizens. Targeting injustices that cut across borders, they are making the scale (...) of justice an object of explicit struggle. Inspired by these efforts, Nancy Fraser asks: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which one is truly just? In exploring these questions, Fraser revises her widely discussed theory of redistribution and recognition. She introduces a third, "political" dimension of justice—representation—and elaborates a new, reflexive type of critical theory that foregrounds injustices of "misframing." Engaging with thinkers such as Jürgen Habermas, John Rawls, Michel Foucault, and Hannah Arendt, she envisions a "postwestphalian" mapping of political space that accommodates transnational solidarity, transborder publicity, and democratic frame-setting, as well as emancipatory projects that cross borders. The result is a sustained reflection on who should count with respect to what in a globalizing world. (shrink)

This paper aims to reevaluate Aristotelian political theory from an egalitarian perspective and to pinpoint its legacy and relevance to contemporary political theory, demonstrating its importance for contemporary liberal democracies in a changing world, suggesting a new critique of liberal and neoliberal political theory and practice, and especially the improvement of our notion of the modern liberal-democratic state, since most contemporary representative liberal democracies fail to take into account the public interest of the many and do very (...) little in order to advance it. The paper will focus on key aspects of Aristotle’s thought, such as his notions of justice (δικαιοσύνη/dikaiosunē and ἁπλῶς δίκαιον/aplōs dikaion), concord (ὁμόμοια/homonoia), friendship (φιλία/philia) and the art of ruling (τέχνη τοῦ ἄρχειν/technē tou archein), arguing that Aristotle’s theory requires us to have concern for our fellow citizens; ‘concern for others’ as opposed to the mere ‘respect for others’ that contemporary neo-Kantian liberalism advocates . Hence, I will examine these aspects of Aristotle’s philosophy that have not so far been adequately discussed, in relation to his conception of the ‘common or public interest’ (τὸ κοινῇ συμφέρον/to koinē sympheron) which is essential in order to understand the Aristotelian vision for ‘the art of politics’ (τέχνη τοῦ ἄρχειν) which should always aim towards the interest of the many, i.e., the people (πλῆθος/plēthos). (shrink)

There is now widespread agreement that many non-human animals are sentient, and that this fact has important moral and political implications. This book is devoted to sketching what this 'sentientist politics' might look like.

In lieu of an abstract, here is a brief excerpt of the content:Gonzales v. Oregon and the Politics of MedicineRonald A. Lindsay (bio)Throughout 2005, the morbid joke on Capitol Hill was that the twin inevitabilities of "death and taxes" had been replaced by "death politics and taxes." There seemed to be some truth in this observation given the highly publicized intervention by some members of Congress in the Schiavo case and the continuing controversy over government regulation of end-of-life care. The (...) Supreme Court's recent decision in Gonzales v. Oregon (74 U.S.L.W. 4068 (17 January 2006)) has resolved one of the critical issues relating to this controversy by holding that a physician may prescribe controlled substances to provide assistance in dying if such a practice is authorized by state law and not expressly prohibited by federal law. However, other issues remain. In fact, the Court's decision has underscored some of the reasons why there is not only continuing controversy over end-of-life care, but also over other aspects of the practice of medicine. First, it is apparent there is no consensus among health care professionals about the precise boundaries of the legitimate practice of medicine. Second, the regulation of the practice of medicine traverses ill-defined legal territory. In particular, there is significant uncertainty concerning the implications of some regulations as well as the allocation of regulatory authority between and within state and federal governments. This uncertainty leaves substantial room for political maneuvers.Before discussing the politics of medicine, it is worth looking at the regulation of controlled substances in some detail both because this review will provide the necessary background for understanding the ruling in Gonzales v. Oregon and because it will illustrate the uncertainty resulting from multiple sources of regulatory authority.Federal and State Regulation of Controlled SubstancesSince the Pure Food and Drug Act of 1906, the federal government has regulated certain aspects of the distribution and administration of drugs deemed susceptible to abuse. The current primary vehicle for federal regulation is the Comprehensive Drug Abuse Prevention and Control Act, enacted in 1970, of which Title II is known as the Controlled Substances Act (CSA) (21 U.S.C. § 801 et seq.). A [End Page 99] "controlled" substance is just that, a substance that is regulated under the CSA. The CSA classifies controlled substances in five categories or schedules based on their potential for abuse, their accepted medical use, and the risks associated with their use under medical supervision. Schedule I substances have a high potential for abuse and have no currently accepted use in medical treatment. Schedule II-V substances are approved for medical use but are subject to a descending hierarchy of restrictions on their use. To give a lawful prescription for a controlled substance, a physician must be registered with the appropriate federal agency, currently the Drug Enforcement Administration (DEA). Moreover, to be valid, such a prescription must be issued for "a legitimate medical purpose" (21 U.S.C. § 830(b)(3)(A)(ii)).There is little dispute that the primary purposes of the CSA are to control drug abuse and to eliminate illicit trafficking in drugs. In accomplishing these objectives, there is a division of responsibility among various federal agencies, in particular the Department of Health and Human Services and the Department of Justice. Of particular relevance to the controversy in Gonzales v. Oregon is the Attorney General's authority to revoke a physician's registration for prescribing controlled substances if the physician's registration would be inconsistent with the public interest.All 50 states have their own statutes and regulations that address various aspects of the distribution and administration of controlled substances. Most states have adopted versions of the model Uniform Controlled Substances Act, which largely mimics federal law, but several states have placed additional restrictions on a physician's ability to prescribe controlled substances, including time limits on the validity of a prescription and limits on the quantity of a drug that can be prescribed. States are the primary, but by no means the exclusive, source of regulation of medical practice in general. States license physicians, establish boards and agencies to regulate the actions of physicians, and promulgate rules and guidelines to which physicians... (shrink)

This volume focuses on three closely-connected aspects of Émile Durkheim's work: his sociology of justice, his sociology of morality and his political sociology. These areas of his thought are the most relevant and practical today in considering fundamental problems of contemporary societies and they provide many of the most important insights of his social theory. This collection presents Durkheim's thought in an unusual and revealing light and shows him as a key social and political thinker for the twenty-first (...) century. (shrink)

Targeting injustices that cut across borders, they are making the scale of justice an object of explicit struggle.Inspired by these efforts, Nancy Fraser asks: ...

Could global government be the answer to global poverty and starvation? Cosmopolitan thinkers challenge the widely held belief that we owe more to our co-citizens than to those in other countries. This book offers a moral argument for world government, claiming that not only do we have strong obligations to people elsewhere, but that accountable integration among nation-states will help ensure that all persons can lead a decent life. Cabrera considers both the views of those political philosophers who say (...) we have much stronger obligations to help our co-citizens than foreigners and those cosmopolitans who say our duties are equally strong to each but resist restructuring. He then outlines his own position, using the European Union as a partial model for the integrated alternative and advocating instituting EU-style supranational government, development aid, and free movement of persons in the Americas and other regions. Over time, Cabrera argues that the transformation of the global system into a cohesive network of democratic institutions would help ensure that anyone born anywhere could lead a decent life. This book will appeal to all those interested in political philosophy and the processes and potential of globalization. (shrink)

Arguing that a crisis is upon us, the Bush Administration has proposed an energy strategy remarkable in its scope and audacity. While much criticism has been directed towards the plan’s ecological impacts, it also guarantees the continuing collapse of communities tha stand in the way of the full realization of the current energy economy. This situation is best understood reference to evolving notions of environmental justice. Unfortunately, the variety of meanings attributable to environmental justice often times come into conflict (...) when applied to specific cases. Until a way is found to reconcile the idea’s many diverse meanings and to prevent one or another to be used in a specific institutional context to the exclusion of all others, environmental justice will, in a perverse way, be turned into yet another means to disregard society’s most vulnerable members. (shrink)

The objective of this study has been to establish the level of significance that Gustavo Gutierrez and Juan Luis Segundo attribute to politics in their contributions to liberation theology and to extract the relevant consequences for political theory. ;A systematic analysis of the theory of history in the works of these two authors indicates a higher level of integration between Christianity and politics that is usual in Christian political thought. Liberation is equated with salvation and political liberation (...) is seen as one of its components. This brings politics to a position of privilege. When at the service of justice it occupies, for our authors, a high rank among Christian concerns and when devoted to oppression it requires diligent response from every Christian. ;This understanding of politics is valuable in that it accentuates the political aspect of the Christian theory of history, an element frequently underestimated. Certain tensions remain, however, in the theory as a result of this emphasis: between the moral improvement expected from the involvement in political activities conducive to justice and the moral ambiguity of political structures emerging from such activity; and between the use of the concept of class struggle and notions of conversion and reconciliation. Finally, there is the danger of reducing the critical ability of Christians regarding a particular political project by identifying it with the concept of eschatology. (shrink)

In _The Poetics of Political Thinking_ Davide Panagia focuses on the role that aesthetic sensibilities play in theorists’ evaluations of political arguments. Examining works by thinkers from Thomas Hobbes to Jacques Rancière, Panagia shows how each one invokes aesthetic concepts and devices, such as metaphor, mimesis, imagination, beauty, and the sublime. He argues that it is important to recognize and acknowledge these poetic forms of representation because they provide evaluative standards that theorists use in appraising the value of (...) ideas—ideas about justice, politics, and democratic life. An investigation into the intertwined histories of aesthetic and political accounts of representation—such as Panagia presents here—sheds light on how modes of poetic thinking delimit the questions of unity and diversity that continue to animate contemporary political theory. Panagia not only illuminates the structure of much contemporary political theory but also shows why understanding the poetics of political thinking is vital to contemporary society. Drawing on Gilles Deleuze’s critique of negation and his privileging of paradox as the source of political thought, Panagia suggests that a non-teleological concept of difference might generate insight into pressing questions about foreignness and citizenship. Turning to the liberal/poststructural debate that dominates contemporary political theory, he compares John Rawls’s concept of justice to Rancière’s ideas about political disagreement in order to demonstrate how, despite their differences, both thinkers comprehend aesthetic and moral reasoning as part and parcel of political writing. Considering the writings of William Hazlitt and Jürgen Habermas, he describes how the essay has become the exemplary genre of what is considered rational political argument. _The Poetics of Political Thinking_ is a compelling reappraisal of the role of representation within political thought. (shrink)

In The Ethics of Food, Gregory E. Pence brings together a collection of voices who share the view that the ethics of genetically modified food is among the most pressing societal questions of our time. This comprehensive collection addresses a broad range of subjects, including the meaning of food, moral analyses of vegetarianism and starvation, the safety and environmental risks of genetically modified food, issues of global food politics and the food industry, and the relationships among food, evolution, and human (...) history. (shrink)

Research questions asked about Pompeius’ cura annonae – often termed “grain command” – dwell mainly on what made it more like any other promagistracy. Scholars tend to approach this office as if it were a kind of military command, albeit innovative. However, unlike promagistrates before him, Pompeius was endowed with the task which concerned the sphere domi. While not neglected, this aspect of Pompeius’ power becomes even more significant if appreciated through the lens of a more general problem of late-republican (...) promagistrates’ interference in the sphere of domestic politics. This paper aims to supplement scholarly observations on the cura annonae, including F. Vervaet’s recent findings, by reconsidering especially the evidence on Pompeius’ making or revising a list of grain recipients. (shrink)

Introduction : the future taken seriously -- The future of democratic societies : a theory of intergenerational justice -- The temporal landscape of contemporary society : a theory of acceleration -- How do we know the future? : a theory of future studies -- How is the future decided? : a theory of decision -- Who is in charge of the future? : a theory of responsibility -- Chronopolitics : a theory of social rhythm -- Politics in a post-heroic society (...) : a theory of political contingency -- The political construction of collective hope. (shrink)

This article explores issues associated with schooling and political justice. Such issues are understood in light of the contention surrounding howWestern schooling contexts might best represent marginalised groups—in ways that accord them a political voice. The significance of group identity politics is explored drawing on international debates associated with ethnically segregated schooling. A postcolonial theorising of group identity highlights the ways in which segregated schooling can both support and undermine politically just representation for marginalised students. This theorising draws (...) attention to the problematic notion of voice in linking representation to identity in reductionist ways. The arguments presented point to the significance of people and their politics, rather than their membership to a particular identity group, in pursuing equity for marginalised groups. The article argues the imperative of understanding group identity as an aspect of negotiated social practice that can be drawn on in strategic and critical ways to address matters of political injustice. (shrink)

Proclus takes the Republic’s (Book V) recommendation that there should be both male and female Guardians as a serious political proposal, but like Plato, he gives few specifics. A recurring theme in Proclus’ commentary is that political arrangements are just to the extent that they effectively mirror the providential administration of the cosmos. Thus the Myth of Er is not merely an adornment at the end of the dialogue, but contains important information about the cosmic paradigm to (...) which the just human polis should assimilate itself. This paper will consider the role of female Guardians in Proclus’ interpretation of the Republic as a serious suggestion in political theory by looking at the cosmic paradigms for women’s administration of justice in the Myth of Er. I have argued elsewhere that Proclus hypothesises gendered souls corresponding to male and female divinities and that, moreover, the feminine is subordinate to the masculine at the level of the divine. One point to emerge from my reading of the Myth of Er is that the female Guardians are likely to be subordinated to their male counter-parts if they play a role in the ideal polis analogous to the female divinities in the Myth of Er. A second point is that there are aspects of their role that seem to resemble some features of what has come to be called ‘the ethics of care’. (shrink)

A broadly liberal politics requires political compassion; not simply in the sense of compassion for the victims of injustice, but also for opponents confronted through political protest and (more broadly) dissent. There are times when, out of a sense of compassion, a just cause should not be pressed. There are times when we need to accommodate the dreadfulness of loss for opponents, even when the cause for which they fight is unjust. We may also have to come to (...) terms with the irreversibility of historic injustice and reconcile. Political compassion of this sort carries risks. Pushed too far, it may weaken our commitment to justice through too great a sympathy for those on the other side. It would be convenient if such compassion could be constrained by a clear set of political principles. But principles run the quite different risk of promoting an 'ossified dissent', unable to respond to change. In this book, Tony Milligan argues that principles are only a limited guide to dissent in unique, contingent circumstances. They will not tell us how to deal with the truly difficult cases such as the following: Should the Lakota celebrate Thanksgiving? When is the crossing of a picket-line justified? What kind of toleration must animal rights advocates cultivate to make progress within a broadly liberal political domain? And how should we respond to the entangling of aspiration towards social justice with anger and prejudice (such as the 'anti-Zionist' discourse)? We may be tempted to answer these questions by presupposing that alignment (the business of choosing sides) is ultimately more important than compassion, but sometimes political compassion trumps alignment. Sometimes, being on the right side is not the most important thing. (shrink)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar (...) of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

In this book Reynold Macpherson initiates a politically-critical theory of educative leadership as a fresh line of inquiry in the practice, research and theory of educational administration and educational leadership. Divided into four parts, the book introduces the sub-discipline of political philosophy to the field of educational administration, management and leadership. It does this by clarifying the knowledge domain of each and identifying how four political ideologies, specifically pragmatism, communitarianism, communicative rationalism and egalitarian liberalism, have primarily (...) informed and surreptitiously provided contestable justifications for power in the development of practice, research and theory in the field of study. The book goes on to offer three case studies illustrating how political philosophy can be used to interpret how people become leaders and administrators of educational institutions and systems. Additional case studies then demonstrate how crises in governance in educational institutions and systems can be analyzed and improvements made using the tools of political philosophy. The final part uses the sub-discipline to critique the author's decades of research into educative leadership, and concludes the book by both establishing the relativity of politically-critical critique and the ideology it favours; neo-pragmatism. Political Philosophy, Educational Administration and Educative Leadership will provide practitioners, researchers and theorists in educational administration, management and leadership with a deeper appreciation of power by formally introducing them to the assumptions, limits and tools of political philosophy. (shrink)