contemporary ethical project--one that should inform our lives as well as our thoughts.

In _Ecce Homo_ Friedrich Nietzsche calls himself "the first immoralist" and adds "that makes me the annihilator _par excellence_". Lester Hunt examines this and other radical claims in order to show that Nietzsche does have a coherent ethical and political philosophy. He uses Nietzsche's writings as a starting point for a critique of a wider, contemporary ethical project - one that should inform our lives as well as our thoughts.

In lieu of an abstract, here is a brief excerpt of the content:Literature as Fable, Fable as ArgumentLester H. HuntIIn an ancient Chinese text we find the following exchange between the Confucian sage Mencius and one of his adversaries:Kao Tzu said, "Human nature is like whirling water. Give it an outlet in the east and it will flow east; give an outlet in the west and it will flow west. Human nature does not show any preference for either good or (...) bad, just as water does not show any preference for either east or west.""It certainly is the case," said Mencius, "that water does not show any preference for either east or west, but does it show the same indifference to high and low? Human nature is good just as water seeks low ground. There is no man who is not good; there is no water that does not flow downwards."1The subject of this colloquy is a familiar one in philosophy as we know it in the West. Its form and style are also vaguely familiar: it is a clashing exchange of theories, in which the speakers do not seem to be speaking merely to express themselves, but in order to persuade others that they are right. Yet at the same time it seems quite alien to us. It would be hard to find anything in it that a Western philosopher since the time of Plato would recognize as an argument. The participants seem to be speaking entirely in illustrative analogies and clever aphorisms, not in arguments at all. The style seems to be literary rather than philosophical. Yet what they are doing does look curiously like arguing. There is a rhythm of statement and counter-statement, in which each speaker seems to be answering the claims of the other.A related, though different, sort of ambiguity, in which the author [End Page 369] really does seem to be both arguing and not arguing, can be found in the following text, traditionally attributed to a Westerner of the sixth century B.C.:Between the North Wind and the Sun, they say, a contest of this sort arose, to wit, which of the two would strip the goatskin from a farmer plodding on his way. The North Wind first began to blow as he does when he blows from Thrace, thinking by sheer force to rob the wearer of his cloak. And yet no more on that account did he, the man, relax his hold; instead he shivered, drew the borders of his garment tight about him every way, and rested with his back against a spur of rock. Then the Sun peeped forth, welcome at first, bringing the man relief from the cold, raw wind. Next, changing, he turned the heat on more, and suddenly the farmer felt too hot and of his own accord threw off the cloak, and so was stripped.Thus was the North Wind beaten in the contest. And the story means: "Cultivate gentleness, my son; you will get results oftener by persuasion than by the use of force."2Here Aesop, to use the traditional name for the author of this ancient fable, is plainly doing something "literary": he is telling a story. But narration in the Aesopian mode is never simply telling a story, and in this case what is present in addition to the story seems to have something logical about it. Personally, I read this fable with a certain sense, however faint, that I am being enlightened by it. That of course is Aesop's aim. He is not merely expressing his opinion, but in some way showing us the truth of it. This is the sort of thing that, in philosophy, is done through argument. However, as in the text from the Mencius, it seems there may be no argument here.Clearly, we are dealing with forms of persuasion that are common at certain times in the development of a culture: namely, those periods when the philosophical muse is a mere suckling babe. We are looking, one might think, at a level of development so rudimentary that the distinction between argument as we think of it today and other forms of persuasion has not been made... (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Literature as Fable, Fable as ArgumentLester H. HuntIIn an ancient Chinese text we find the following exchange between the Confucian sage Mencius and one of his adversaries:Kao Tzu said, "Human nature is like whirling water. Give it an outlet in the east and it will flow east; give an outlet in the west and it will flow west. Human nature does not show any preference for either good or (...) bad, just as water does not show any preference for either east or west.""It certainly is the case," said Mencius, "that water does not show any preference for either east or west, but does it show the same indifference to high and low? Human nature is good just as water seeks low ground. There is no man who is not good; there is no water that does not flow downwards."1The subject of this colloquy is a familiar one in philosophy as we know it in the West. Its form and style are also vaguely familiar: it is a clashing exchange of theories, in which the speakers do not seem to be speaking merely to express themselves, but in order to persuade others that they are right. Yet at the same time it seems quite alien to us. It would be hard to find anything in it that a Western philosopher since the time of Plato would recognize as an argument. The participants seem to be speaking entirely in illustrative analogies and clever aphorisms, not in arguments at all. The style seems to be literary rather than philosophical. Yet what they are doing does look curiously like arguing. There is a rhythm of statement and counter-statement, in which each speaker seems to be answering the claims of the other.A related, though different, sort of ambiguity, in which the author [End Page 369] really does seem to be both arguing and not arguing, can be found in the following text, traditionally attributed to a Westerner of the sixth century B.C.:Between the North Wind and the Sun, they say, a contest of this sort arose, to wit, which of the two would strip the goatskin from a farmer plodding on his way. The North Wind first began to blow as he does when he blows from Thrace, thinking by sheer force to rob the wearer of his cloak. And yet no more on that account did he, the man, relax his hold; instead he shivered, drew the borders of his garment tight about him every way, and rested with his back against a spur of rock. Then the Sun peeped forth, welcome at first, bringing the man relief from the cold, raw wind. Next, changing, he turned the heat on more, and suddenly the farmer felt too hot and of his own accord threw off the cloak, and so was stripped.Thus was the North Wind beaten in the contest. And the story means: "Cultivate gentleness, my son; you will get results oftener by persuasion than by the use of force."2Here Aesop, to use the traditional name for the author of this ancient fable, is plainly doing something "literary": he is telling a story. But narration in the Aesopian mode is never simply telling a story, and in this case what is present in addition to the story seems to have something logical about it. Personally, I read this fable with a certain sense, however faint, that I am being enlightened by it. That of course is Aesop's aim. He is not merely expressing his opinion, but in some way showing us the truth of it. This is the sort of thing that, in philosophy, is done through argument. However, as in the text from the Mencius, it seems there may be no argument here.Clearly, we are dealing with forms of persuasion that are common at certain times in the development of a culture: namely, those periods when the philosophical muse is a mere suckling babe. We are looking, one might think, at a level of development so rudimentary that the distinction between argument as we think of it today and other forms of persuasion has not been made... (shrink)

Early in Peter Abelard's Dialogue between a Philosopher, a Jew, and a Christian, the philosopher and the Christian easily come to agreement about what the point of ethics is: “[T]he culmination of true ethics … is gathered together in this: that it reveal where the ultimate good is and by what road we are to arrive there.” They also agree that, since the enjoyment of this ultimate good “comprises true blessedness,” ethics “far surpasses other teachings in both usefulness and worthiness.” (...) As Abelard understood them, both fundamental elements of his twelfth-century ethical culture — Greek philosophy and Christian religion — held a common view of the nature of ethical inquiry, one that was so obvious to them that his characters do not even state it in a fully explicit way. They take for granted, as we take the ground we stand on, the premise that the most important function of ethical theory is to tell you what sort of life is most desirable, or most worth living. That is, the point of ethics is that it is good for you, that it serves your self-interest. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to policing, (...) dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Thus Spake Howard Roark:Nietzschean Ideas in The FountainheadLester H. HuntIThe position I will be taking here will seem very peculiar to many people. I will be treating a novel as a discussion of the work of a philosopher—namely, Friedrich Nietzsche. Worse yet, I will be treating it as a discussion that is philosophically penetrating and deserves to be taken seriously. Still worse, the novel is Ayn Rand's early novel (...) The Fountainhead. I think it is safe to say that her reputation, among academics who discuss the works of philosophers, is very low. If the reader will only bear with me, though, I think I can make a case that Rand opens a line of inquiry about Nietzsche's ideas and values that is not only quite interesting in itself but one that ought to be pursued further by others.There has always been ample reason to associate Nietzsche with The Fountainhead.1 He is after all, the only philosopher who is more or less directly quoted in the book.2 Beyond that, Rand's novel has many other passages that students of Nietzsche instantly recognize as conscious references to him or deliberate echoes of his style. In addition, she revealed, in an introduction written for the twenty-fifth anniversary edition, that the following quotation from Beyond Good and Evil had originally stood at the head of the book when it was still in manuscript:It is not the works, but the belief which is here decisive and determines the order of rank to—employ once more an old religious formula with a new and deeper meaning—it is some fundamental certainty which a noble soul has about itself, something which is not to be sought, is not [End Page 79] to be found, and perhaps, also, is not to be lost—The noble soul has reverence for itself.—3She said, in the same introduction, that she removed the quotation (evidently, immediately before publication) for philosophical reasons, because of her "profound disagreement with the philosophy of its author." Nietzsche, she says, was fundamentally "a mystic and irrationalist," and even in this quotation, chosen for its content, insinuates a philosophical position that she regards as erroneous (namely, determinism). Even her statement of what she likes about this passage is rather constrained: "as a poet [ie., not as a philosopher], he projects at times (not consistently) a magnificent feeling for man's greatness, expressed in emotional, not intellectual terms."4It is of course true enough that Rand does disagree with Nietzsche, and for more or less the reasons that she suggests here, but it is also true that the passage she has quoted expresses some ethical themes—nobility, order of rank, the "pathos of distance," and (most obviously) the idea of self-reverence as a characteristic of the ethically good—which are at least as important in The Fountainhead as they are in Nietzsche's writings. Though Rand's spirited disclaimer serves to remind us of her deep differences with Nietzsche, the quotation itself suggests that there might be an interesting philosophical, not merely literary or emotional, connection between The Fountainhead and Nietzsche's ideas. What I would like to show here is that this connection merits a much closer look than it has ever been given heretofore. Not only is the presence of Nietzschean themes in Rand's novel deep and pervasive, but the book actually contains a very interesting and powerful internal critique of one of Nietzsche's most characteristic ideas, a criticism based in large part on values and assumptions that he shares. Before I can set out this critique, I will need to explore some of the positive thematic and philosophical connections.IIOne evening, rather late in the novel, Gail Wynand, the corrupt newspaper publisher and financier, surprises his wife, Dominique, with a present: he has had an architect design a house for them. The architect, she realizes with shock as she sees the drawings for the house, is her former lover, Howard Roark, a man with whom she is still in love. None of this is known to her husband, who innocently tells her that [End Page 80] Roark... (shrink)

In _Ecce Homo_ Friedrich Nietzsche calls himself "the first immoralist" and adds "that makes me the annihilator _par excellence_". Lester Hunt examines this and other radical claims in order to show that Nietzsche does have a coherent ethical and political philosophy. He uses Nietzsche's writings as a starting point for a critique of a wider, contemporary ethical project - one that should inform our lives as well as our thoughts.

As its title suggests, the subject of this book is the nature of self-fulfillment, which the author defines as “carrying to fruition one’s deepest desires or one’s worthiest capacities”. It treats this subject as a specifically ethical one. The motivation behind it lies in the author’s conviction that all other norms and ideals have value only insofar as they serve to advance this one.

This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.

In _Ecce Homo_ Friedrich Nietzsche calls himself "the first immoralist" and adds "that makes me the annihilator _par excellence_". Lester Hunt examines this and other radical claims in order to show that Nietzsche does have a coherent ethical and political philosophy. He uses Nietzsche's writings as a starting point for a critique of a wider, contemporary ethical project - one that should inform our lives as well as our thoughts.

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument (...) is based upon two points: Precedent-setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and if a particular precedent-setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent-setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture. (shrink)

This paper explores what the epistemic account of vagueness means for theories of legal interpretation. The thesis of epistemicism is that vague statements are true or false even though it is impossible to know which. I argue that if epistemicism is accepted within the domain of the law, then the following three conditions must be satisfied: Interpretative reasoning within the law must adhere to the principle of bivalence and the law of excluded middle, interpretative reasoning within the law must construe (...) vague statements as an epistemic phenomenon, and epistemicism must be expanded to include normative considerations in order to account for legal theories that are consistent with the first two conditions. The first two conditions are internal to a particular theory of legal interpretation, while the third condition is external to a particular theory of legal interpretation. My conclusion shows that there are legal theories that are internally consistent with the fundamental features of epistemicism. However, within the domain of law—and specifically in the case of legal theories that are internally consistent with epistemicism—I show that vagueness cannot be explained simply by our ignorance of the meaning and use of vague expressions. Rather, epistemicism must also account for ignorance of the requisite normative considerations in legal theories with which it is otherwise consistent. (shrink)

While pharmaceutical industry involvement in producing, interpreting, and regulating medical knowledge and practice is widely accepted and believed to promote medical innovation, industry-favouring biases may result in prioritizing corporate profit above public health. Using diabetes as our example, we review successive changes over forty years in screening, diagnosis, and treatment guidelines for type 2 diabetes and prediabetes, which have dramatically expanded the population prescribed diabetes drugs, generating a billion-dollar market. We argue that these guideline recommendations have emerged under pervasive industry (...) influence and persisted, despite weak evidence for their health benefits and indications of serious adverse effects associated with many of the drugs they recommend. We consider pharmaceutical industry conflicts of interest in some of the research and publications supporting these revisions, and in related standard-setting committees and oversight panels. We raise concern over the long-term impact of these multifaceted involvements. Rather than accept industry conflicts of interest as normal, needing only to be monitored and managed, we suggest challenging that normalcy, and ask: what are the real costs of tolerating such industry participation? We urge the development of a broader focus to fully understand and curtail the systemic nature of industry’s influence over medical knowledge and practice. (shrink)

Essay on police legitimacy through public reason and community policing.

1. Two IssuesIn recent years, a number of philosophers have discussed the possibility that the widely recognized right of self-defense includes another, more controversial right: a right to arms, where “arms” is understood to include guns. I will argue in what follows that the right of self-defense does indeed have this feature, and I will offer a new explanation of why it does so—an explanation that, despite its novelty is, I believe, deeply rooted in common sense.I n Section 2, I (...) will clarify the issue to be addressed and define a spectrum of possible solutions to it. Underlying the narrow issue of the relation between the right of self-defense and the putative right to arms is a broader issue of more general interest, between two classes of rights: what I will call option-rights and means-rights. My ultimate purpose will be to propose a solution to both issues. In Section 3, I attempt to show that the most extreme solutions to the issue of self-defense and arms are not very plausible. In Section 4, I will lay down some desiderata concerning some features that an ideally illuminating solution to these issues should have. These will serve as a rough guide as I attempt to discuss the more moderate solutions. In Section 5, I discuss one such potential solution—one grounded in the distinction between reasonable and unreasonable costs. I argue that, though it may be plausible enough as a guide to policy, it does not satisfy any of my desiderata, nor does it answer my original question, about what is included in the right of self–defense. In Sections 6 and 7, I propose my own solution to both the narrower and broader issues—one that is grounded in the nature of action itself. (shrink)

Background: The search for genetic variants between racial/ethnic groups to explain differential disease susceptibility and drug response has provoked sharp criticisms, challenging the appropriateness of using race/ethnicity as a variable in genetics research, because such categories are social constructs and not biological classifications.Objectives: To gain insight into how a group of genetic scientists conceptualise and use racial/ethnic variables in their work and their strategies for managing the ethical issues and consequences of this practice.Methods: In-depth semi-structured interviews were conducted with a (...) purposive sample of 30 genetic researchers who use racial/ethnic variables in their research. Standard qualitative methods of content analysis were used.Results: Most of the genetic researchers viewed racial/ethnic variables as arbitrary and very poorly defined, and in turn as scientifically inadequate. However, most defended their use, describing them as useful proxy variables on a road to “imminent medical progress”. None had developed overt strategies for addressing these inadequacies, with many instead asserting that science will inevitably correct itself and saying that meanwhile researchers should “be careful” in the language chosen for reporting findings.Conclusions: While the legitimacy and consequences of using racial/ethnic variables in genetics research has been widely criticised, ethical oversight is left to genetic researchers themselves. Given the general vagueness and imprecision we found amongst these researchers regarding their use of these variables, they do not seem well equipped for such an undertaking. It would seem imperative that research ethicist move forward to develop specific policies and practices to assure the scientific integrity of genetic research on biological differences between population groups. (shrink)

It is generally accepted that farmers manage a complex farm system. In this article we seek answers to the following questions. How do farmers perceive and understand their farm system? Are they sufficiently aware of their farm system that they are able to represent it in the form of a map? The research reported describes how causal mapping was applied to sheep/beef farmers in New Zealand and shows that farmers can create maps of their farm systems in ways that allow (...) expression of both individual maps and the formation of group maps which represent the general character of farm systems. A group map was made for all the farmers studied and for subgroups using conventional, integrated, and organic management systems. The results are discussed in terms of the depth of meaning associated with individual elements of the map, map complexity and the limitations of causal mapping. Causal mapping has the potential to contribute to our knowledge of how farmers see their farm systems, and this can benefit farmers and other stakeholders concerned with the management of farms and their economic and environmental performance. (shrink)

Early in Peter Abelard's Dialogue between a Philosopher, a Jew, and a Christian, the philosopher and the Christian easily come to agreement about what the point of ethics is: “[T]he culmination of true ethics … is gathered together in this: that it reveal where the ultimate good is and by what road we are to arrive there.” They also agree that, since the enjoyment of this ultimate good “comprises true blessedness,” ethics “far surpasses other teachings in both usefulness and worthiness.” (...) As Abelard understood them, both fundamental elements of his twelfth-century ethical culture — Greek philosophy and Christian religion — held a common view of the nature of ethical inquiry, one that was so obvious to them that his characters do not even state it in a fully explicit way. They take for granted, as we take the ground we stand on, the premise that the most important function of ethical theory is to tell you what sort of life is most desirable, or most worth living. That is, the point of ethics is that it is good for you, that it serves your self-interest. (shrink)

Recent historical work on changing perceptions of the human body has been influenced by Michel Foucault’s contention that the self of western individualism was created by new regimes of disciplining the body. A different approach is taken here, one that focuses on how individual bodies came to be viewed as separate and inviolable, that is, as autonomous. The separateness and inviolability of bodies can be traced in the histories of bodily practices as different as portraiture and legal torture. After 1750, (...) regular public exhibitions, themselves a new feature of the social landscape, showed increasing numbers of portraits in London and Paris. The proliferation of individual likenesses encouraged the view that each person was an individual, that is, single, separate, distinctive and original. At the same time, the tide turned against judicially sanctioned torture and cruel punishment. Long-held notions of sacrificial punishment and truth through pain withered under the pressure of new experiences of the body that in turn facilitated the emergence of new conceptions of rights of individuals. (shrink)

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...) show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

Hobbes is known for bridging natural and political philosophy, but less attention has been given to how this distinguishes the Hobbesian conception of the self from individualist strands of liberalism. First, Hobbes’s determinism suggests a conception of the self in which externalities determine the will and what the self is at every moment. Second, there is no stable conception of the self because externalities keep it in a constant state of flux. The metaphysical underpinnings of his project downplay the notion (...) of a purely individualistic conception of the self, pointing to a positivist theory of criminology relying upon external forces. This theory is especially prescient with respect to twentieth-century variants of positivism that focus upon how social organization affects personality. In a sense, then, modern criminological theory is indebted to Hobbes’s focus upon the connections between externalities and the self; a focus that illuminates new ways of viewing responsibility and accountability. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...) model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Thus Spake Howard Roark:Nietzschean Ideas in The FountainheadLester H. HuntIThe position I will be taking here will seem very peculiar to many people. I will be treating a novel as a discussion of the work of a philosopher—namely, Friedrich Nietzsche. Worse yet, I will be treating it as a discussion that is philosophically penetrating and deserves to be taken seriously. Still worse, the novel is Ayn Rand's early novel (...) The Fountainhead. I think it is safe to say that her reputation, among academics who discuss the works of philosophers, is very low. If the reader will only bear with me, though, I think I can make a case that Rand opens a line of inquiry about Nietzsche's ideas and values that is not only quite interesting in itself but one that ought to be pursued further by others.There has always been ample reason to associate Nietzsche with The Fountainhead.1 He is after all, the only philosopher who is more or less directly quoted in the book.2 Beyond that, Rand's novel has many other passages that students of Nietzsche instantly recognize as conscious references to him or deliberate echoes of his style. In addition, she revealed, in an introduction written for the twenty-fifth anniversary edition, that the following quotation from Beyond Good and Evil had originally stood at the head of the book when it was still in manuscript:It is not the works, but the belief which is here decisive and determines the order of rank to—employ once more an old religious formula with a new and deeper meaning—it is some fundamental certainty which a noble soul has about itself, something which is not to be sought, is not [End Page 79] to be found, and perhaps, also, is not to be lost—The noble soul has reverence for itself.—3She said, in the same introduction, that she removed the quotation (evidently, immediately before publication) for philosophical reasons, because of her "profound disagreement with the philosophy of its author." Nietzsche, she says, was fundamentally "a mystic and irrationalist," and even in this quotation, chosen for its content, insinuates a philosophical position that she regards as erroneous (namely, determinism). Even her statement of what she likes about this passage is rather constrained: "as a poet [ie., not as a philosopher], he projects at times (not consistently) a magnificent feeling for man's greatness, expressed in emotional, not intellectual terms."4It is of course true enough that Rand does disagree with Nietzsche, and for more or less the reasons that she suggests here, but it is also true that the passage she has quoted expresses some ethical themes—nobility, order of rank, the "pathos of distance," and (most obviously) the idea of self-reverence as a characteristic of the ethically good—which are at least as important in The Fountainhead as they are in Nietzsche's writings. Though Rand's spirited disclaimer serves to remind us of her deep differences with Nietzsche, the quotation itself suggests that there might be an interesting philosophical, not merely literary or emotional, connection between The Fountainhead and Nietzsche's ideas. What I would like to show here is that this connection merits a much closer look than it has ever been given heretofore. Not only is the presence of Nietzschean themes in Rand's novel deep and pervasive, but the book actually contains a very interesting and powerful internal critique of one of Nietzsche's most characteristic ideas, a criticism based in large part on values and assumptions that he shares. Before I can set out this critique, I will need to explore some of the positive thematic and philosophical connections.IIOne evening, rather late in the novel, Gail Wynand, the corrupt newspaper publisher and financier, surprises his wife, Dominique, with a present: he has had an architect design a house for them. The architect, she realizes with shock as she sees the drawings for the house, is her former lover, Howard Roark, a man with whom she is still in love. None of this is known to her husband, who innocently tells her that [End Page 80] Roark... (shrink)

There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...) two related questions that are raised when moving from moral to legal duties: First, on what ground does the state have the authority to dictate that one’s needs should be met in the way specified by a particular legal duty? Second, does a special relationship exist that legitimizes the establishment of such legal duties? (shrink)

Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is that (...) if reasonable doubt is established regarding whether psychology’s role in the law should be displaced, then there is room for future work to be done with respect to the truth of psychology’s conclusions about criminal responsibility. (shrink)

This essay sketches various conceptions of dignity and how those conceptions might be relevant to police brutality and legal rights. It is an edited, draft excerpt from chapter 1 of my book, The Retrieval of Liberalism in Policing (Oxford, 2019).

_Anarchy, State, and Utopia: An Advanced Guide_ presents a comprehensive and accessible introduction to the ideas expressed in Robert Nozick’s highly influential 1974 work on free-market libertarianism—considered one of the most important and influential works of political philosophy published in the latter half of the 20th-century. Makes accessible all the major ideas and arguments presented in Nozick’s complex masterpiece Explains, as well as critiques, Robert Nozick’s theory of free market libertarianism Enables a new generation of readers to draw their own (...) conclusions about the wealth of timely ideas on individualism and libertarian philosophy Indicates where Nozick’s theory has explanatory power, where it is implausible, and where there are loose ends with further work to be done. (shrink)

Essay on philosophical problems with police sting operations and the legal doctrine of entrapment.

Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.

This article addresses two issues. First, it critiques a prominent position regarding how affluent states should balance their national interest on the one hand and their duty to aid developing states on the other. Second, it suggests that absent a principled way to balance national interest with international aid, a state’s more immediate concern is to comply with its negative duty to not harm other states. To support this position, the article constructs a conception of harm that may be applied (...) to questions regarding a state’s negative duties, focusing upon the example of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS). (shrink)

Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.

This interdisciplinary essay considers how legal and philosophical ideals relate to contemporary politics. The essay takes a discursive approach—drawing upon Appalachian culture, popular culture, and personal narrative—to highlight a trajectory away from liberal norms.

The things I wish to say here are relatively few and simple. Reflection on certain moral phenomena suggests, by way of a rather loose dialectical argument, a certain traditional theory of the nature of virtue. This is the notion that virtue consists, partly, of acting on the basis of some principle. If we do not assume in advance some narrow conception of what principles are like, this theory can provide us with a plausible account of the virtue of courage. If (...) we take it seriously and follow its implications where they lead us we can learn something, not only about virtue, but about the nature of principle as well. (shrink)

Lester Hunt argues that, despite its being too narrow in the topics it treats, Louis Torres and Michelle Marder Kamhi's What Art Is offers a fascinating account of Ayn Rand's views on art and, in addition, constitutes a major contribution to Objectivist aesthetics.