Two reviews of Laurence Lapert's Leo Strauss and Nietzsche.

This is a compelling if sober set of questions from America's foremost legal scholar."--Lawrence Lessig, Stanford University.

This essay explores two ideas that have recently played an important role in discourse about the American constitutional order. The first idea has emerged from the revival of civic republicanism. The republican revival has focused our attention on the classical conception of civic virtue. Our basic social arrangements ought to nourish a citizenry with the characteristics of mind and will that promote human flourishing. The second idea, expressed in critical race theory and feminist jurisprudence, is that we have an obligation (...) as a society and as scholars to attend to excluded voices. The juxtaposition of these two themes offers an opportunity to explore the relationship between classical philosophy and the American constitutional order. Civic republicanism is a complex set of ideas that has developed over the course of two millennia; understanding the republican revival requires a recognition that there are many strands in republican thought-that republicanism is itself a contested concept. In order to untangle the strands, I will examine classical moral and political philosophy, especially the work of Aristotle and Machiavelli, in relation to the work of the architects of the republican revival, including Frank Michelman, Suzanna Sherry, Cass Sunstein, and others. (shrink)

The Aretaic Turn in Constitutional Theory argues that an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions (...) on particular issues and the fervor of their ideological passions. Part II, Institutionalism and Constitutional Interpretation, engages Cass Sunstein and Adrian Vermeule's recent essay, "Interpretation and Institutions." Sunstein and Vermeule contend that theories of constitutional interpretation are most fundamentally flawed because of their failure to take an institutional turn, but their supporting arguments lead to a related but quite distinct conclusion. Only a theory of judicial character can supply the diagnosis for the ills that Sunstein and Vermeule identify: constitutional theory must take an aretaic turn. Part III, Making the Aretaic Turn in Constitutional Theory, sketches an alternative approach to judicial review and constitutional interpretation that is rooted in contemporary virtue ethics. In Part IV, Constitutional Virtues and Vices, this sketch is given flesh and bones in the form of a theory of constitutional virtue and vice. Excellence in constitutional adjudication requires the virtues of judicial courage, judicial temperament, judicial temperance, judicial intelligence, and judicial wisdom (or phronesis). Most importantly, a virtuous constitutional interpreter must have the virtue of justice, which includes as components impartiality, lawfulness, and legal vision. Part V, The Aretaic Reconstruction of the Institutional Critique, returns to institutionalism as an approach to the theory of constitutional interpretation and argues that institutionalists cannot coherently refrain from making the aretaic turn. The article ends with speculation about the possibility of a path to the restoration of judicial virtue. (shrink)

The transcendental expectation of string theory is that the nature of the fundamental forces, particle spectra and masses, together with coupling constants, is uniquely determined by mathematical and logical consistency, non-empirically, that is by pure reason. However pluralism triumphed with the explosive emergence of the multiverse. String theorists have extended a long-sought dream to a landscape or a happy caparnaum. Proponents of string theory try to qualify their arguments via swampland conjectures while cosmologists retreat to their telescopes. We review the (...) current status of the string theory swampland. (shrink)

Since the publication of Andrews Reath's “Two Conceptions of the Highest Good in Kant” (Journal of the History of Philosophy 26:4 (1988)), most scholars have come to accept the view that Kant migrated away from an earlier “theological” version to one that is more “secular.” The purpose of this paper is to explore the roots of this interpretative trend, re-assess its merits, and then examine how the Highest Good is portrayed in Kant’s Religion within the Boundaries of Mere Reason. As (...) will be argued, it is in this text more so than any other where Kant develops his most philosophically sophisticated account of the Highest Good. Because of the central significance of Kant’s doctrine of the Highest Good for both his ethical theory and philosophy of religion, this paper therefore seeks to provide an important corrective to the current received views. (shrink)

This book offers a complete and internally cohesive interpretation of Religion. In contrast to the interpretations that characterize Religion as a litany of “wobbles”, fumbling between traditional Christianity and Enlightenment values, or a text that reduces religion into morality, the interpretation here offered defends the rich philosophical theology contained in each of Religion’s four parts and shows how the doctrines of the “Pure Rational System of Religion” are eminently compatible with the essential principles of Transcendental Idealism.

Kant identifies knowledge [Wissen], belief [Glaube], and opinion [Meinung] as our three primary modes of “holding-to-be-true” [Fürwahrhalten]. He also identifies opinion as making up the greatest part of our cognition. After a preliminary sketch of Kant’s system of propositional attitudes, this paper will explore what he says about the norms governing opinion and empirical hypotheses. The final section will turn to what, in the Critique of Pure Reason and elsewhere, Kant refers to as “General Applied Logic”. It concerns the “contingent (...) conditions of the subject, which can hinder or promote” good inquiry; and, though rarely mentioned in the secondary literature, it offers Kant’s methodological alternative to the traditional epistemological goal of finding “a sufficient and at the same time general criterion of truth”. (shrink)

Both critics and defenders of Kant’sReligion within the Boundaries of Mere Reasonhave raised worries about its alleged employment of an ‘Augustinian’ conception of moral evil as well as the accounts of grace and moral regeneration consequent to it. Combined, these aspects of theReligionare often seen as responsible for its principal ‘wobble’, ‘conundrum’ or ‘internal contradiction’, and are likewise among the key reasons why theReligionis commonly seen as at odds with the epistemic strictures and moral principles which shape Kant’s broader Critical (...) corpus. It is the purpose of this article to reassess these charges and to show thereby that rather than accepting this alleged Augustinianism, Kant engages with and ultimatelyrejectsits core tenets. (shrink)

This paper offers an account of the historical development of Kant's understanding of belief ( Glaube ) from its early ties to George Friedrich Meier's Auszug aus der Vernunftlehre through various stages of refinement. It will be argued that the Critique of Pure Reason reflects an important but not final stage in Kant's understanding of belief. Its structure is further refined and its scope narrowed in later works, including the Critique of Practical Reason and Critique of Judgment . After charting (...) these stages, an analysis of how belief relates to the Fact of Reason will be presented. (shrink)

This article focuses on ethical issues surrounding the selling and buying of human organs. The author argues that most people who sell their organs in India do so in order to pay already existing debts. The transaction is only temporarily an exchange of “life for life,” and most “donors” are back in debt soon after the operation. The author discusses the flexible ethics that reduce reality to dyadic transactions and the purgatorial ethics that collapse real and imaginary exploitation in the (...) service of complex interests. He also offers a sophisticated discussion of the ethics of publicity and public ethics. He emphasizes the lack of factual information, intentional manipulation of information, and the dissemination of kidney panics and kidney scandals, especially by the new developing bioauthorities and bioethical brokers. (shrink)

This commentary on Rossi’s The Ethical Commonwealth in History will address three points of interpretation related to Kant’s conception of the ethical community/commonwealth. First, I will raise a number of concerns related to Rossi’s use of Kant’s concept of the highest good. Second, I will examine the relevance of the overall project of Kant’s Religion within the Boundaries of Mere Reason to his discussion of the ethical community, a matter that Rossi does not take up. Third, I will challenge the (...) optimism that Rossi assigns to Perpetual Peace in light of its closing “antinomy between politics and morals.”. (shrink)

Biologists, historians, lawyers, art historians, and literary critics all voice arguments in the critical dialogue about what constitutes evidence in research and scholarship. They examine not only the constitution and "blurring" of disciplinary boundaries, but also the configuration of the fact-evidence distinctions made in different disciplines and historical moments the relative function of such concepts as "self-evidence," "experience," "test," "testimony," and "textuality" in varied academic discourses and the way "rules of evidence" are themselves products of historical developments. The essays and (...) rejoinders are by Terry Castle, Lorraine Daston, Carlo Ginzburg, Ian Hacking, Mark Kelman, R. C. Lewontin, Pierre Vidal-Naquet, Mary Poovey, Donald Preziosi, Simon Schaffer, Joan W. Scott, Eve Kosofsky Sedgwick, and Barbara Herrnstein Smith. The critical responses are by Lauren Berlant, James Chandler, Jean Comaroff, Arnold I. Davidson, Harry D. harootunian, Elizabeth Helsinger, Thomas C. Holt, Francoise Meltzer, Robert J. Richards, Lawrence Rothfield, Joel Snyder, Cass R. Sunstein, and William Wimsatt. (shrink)

Neoliberalism is an approach to social policy, now globally influential, that applies market approaches to all aspects of social life, including education. Charter schools, privately operated but publicly funded, are its most prominent manifestation in the U.S. The neoliberal principles of competition, consumerism, and choice cannot serve as foundations of a sound and equitable public education system. Neoliberalism embraces socio-economic inequality overall and in doing so constricts any justice mission its adherents espouse in virtue of serving a relatively disadvantaged student (...) population, as charter schools often (by no means always) do. It constricts educational justice by (1) embracing a “human capital” approach as the primary good of education, (2) creating educational inequality through (unofficially) selecting a relatively advantaged segment of the disadvantaged demographic it serves, (3) denying the effect of poverty on educational performance, and (4) devaluing its students’ familial ethnic cultures. (shrink)

Kant follows Christian tradition by asserting that humanity is sinful by nature, that our sinful nature burdens us with an infinite debt to God, and that it is possible for us to undergo a moral transformation that iberates us from sin and from its debt. Most of the secondary literature has focused on either Kant’s account of sin or our liberation from it. Far less attention has been paid to the debt in particular. The purpose of this paper is to (...) explore the nature of this debt, why Kant regards it as infinite, and what becomes of it for those who undergo a moral ransformation. (shrink)

Nearly all of the work that has been done on Kant’s conception of public reason has focused on its socio-political significance. John Rawls, Onora O’Neill and others have explored its relevance to a well ordered democracy, to pluralism, to toleration, and so on. However, the relevance of public reason for Kant is not limited to the socio-political. Kant repeatedly appeals to the “touchstone of communication” in relation to the normative side of his epistemology. The purpose of this paper is to (...) articulate why Kant regards communication as vital to our theoretical endeavors. (shrink)

It is widely claimed that the second Critique’s argument for the postulate of immortality is relevantly different from the first Critique’s argument for the postulate. It is also widely claimed that after the second Critique, Kant distances himself from its particular version of the argument, and even the postulate altogether. It is the purpose of this article to challenge these claims, arguing instead that (a) there is overwhelming textual evidence showing that Kant did not abandon the postulate; (b) the second (...) Critique does not contain a substantially different argument for the postulate than how it is argued for in the first Critique; and (c) the philosophical objections levied against the second Critique’s argument, including its putative substitution of holiness for virtue, become moot once its argument is better understood. (shrink)

Lost at times in the heat of debate about stem cell research, or any controversial advanced technology, is the need for precision in debate and discussion. The details matter a great deal, ranging from the need to use words that have precise definitions, to accurately quote colleagues and adversaries, and to cite scientific and medical results in a way that reflects the quality, rigor, and reliability of the work at issue. Regrettably, considerable inaccuracy has found its way into the debates (...) about stem cells, on all sides, with consequent fogging of the issues.A key detail that is often overlooked in the debates about the uses of human embryonic stem cells in research comes from the nature of in vitro fertilization treatment for infertility. Specifically, there are many frozen human embryos that are in excess of reproductive needs of the couple who generated them, and that must be either frozen indefinitely, donated to another couple, or destroyed. (shrink)

This article links ethnographic exploration of commodified renal transactions in India to their articulation in Hindi film as practices re-animating kinship in the face of the death or diminishment of the father. To think through the work such organ stories do, I contrast the `transplant film' with the `transfusion film'. I argue transfusion narratives offer a liberal developmentalist recoding of social relations under the sign of a Nehruvian project of national recognition, while transplant narratives abandon the project of development for (...) an imaginated return to tradition. To understand the stakes in this shift, I trace the genealogy of modern transplant medicine through the relationship between recognition and suppression and through the return of the surgical as a metonym for care. (shrink)

The First Preface to Kant’s Religion within the Boundaries of Mere Reason contains various characterizations of the distinction between biblical and philosophical theology. Similar characterizations are also found in the Preface to The Conflict of the Faculties. In both, Kant warns the philosopher against trespassing into the purview of the biblical theologian. Yet, in the actual body of both texts, we find numerous occasions where Kant deviates from the rules he initially articulates. The purpose of this paper is to identify (...) these rules, discuss their apparent violations, and consider the implications of this divergence. (shrink)

Measurement of scientific productivity is difficult. The measures used (impact factor of the journal, citations to the paper being measured) are crude. But these measures are now so universally adopted that they determine most things that matter: tenure or unemployment, a postdoctoral grant or none, success or failure. As a result, scientists have been forced to downgrade their primary aim from making discoveries to publishing as many papers as possible—and trying to work them into high impact factor journals. Consequently, scientific (...) behaviour has become distorted and the utility, quality and objectivity of articles has deteriorated. Changes to the way scientists are assessed are urgently needed, and I suggest some here. (shrink)

There is perhaps no more famous objection to the Ontological Argument than Kant’s contention that existence is not a predicate. However, this is not his only objection against the Ontological Argument. It is rather part of a more comprehensive attack on the OA, one that contains at least four distinct arguments, only one of which involves. It is the purpose of this paper to explore Kant’s case for, consider three contemporary strategies used to reinforce it, assess their merits, and then (...) finally briefly present Kant’s three further arguments. (shrink)

Ambiguous terms are applicable to different kinds of things, but so are general terms, since a general kind may include various species. Thus a bank may be the side of a river or a certain kind of financial institution, and an animal may be a dog or a cat. Similarly, an ambiguous sentence is true in different kinds of situations, and so is a general sentence in that different specific situations may make the same general sentence true. Thus the sentence, (...) The bank collapsed yesterday,’ can be true of different varieties of banks, and the sentence, The animal is untrained,’ can be true of different varieties of animals. These similarities of ambiguity and generality have led many linguists and philosophers to confuse the two. Basic to this confusion is a failure to notice a difference in the scopes of disjunctions involved in ambiguity and generality. (shrink)

Ambiguous terms are applicable to different kinds of things, but so are general terms, since a general kind may include various species. Thus a bank may be the side of a river or a certain kind of financial institution, and an animal may be a dog or a cat. Similarly, an ambiguous sentence is true in different kinds of situations, and so is a general sentence in that different specific situations may make the same general sentence true. Thus the sentence, (...) The bank collapsed yesterday,’ can be true of different varieties of banks, and the sentence, The animal is untrained,’ can be true of different varieties of animals. These similarities of ambiguity and generality have led many linguists and philosophers to confuse the two. Basic to this confusion is a failure to notice a difference in the scopes of disjunctions involved in ambiguity and generality. (shrink)

The Many Gods Objection (MGO) is widely viewed as a decisive criticism of Pascal’s Wager. By introducing a plurality of hypotheses with infinite expected utility into the decision matrix, the wagerer is left without adequate grounds to decide between them. However, some have attempted to rebut this objection by employing various criteria drawn from the theological tradition. Unfortunately, such defenses do little good for an argument that is supposed to be an apologetic aimed at atheists and agnostics. The purpose of (...) this paper is to offer a defensive strategy of a different sort, one more suited to the Wager’s apologetic aim and status as a decision under ignorance. Instead of turning to criteria independent of the Wager, it will be shown that there are characteristics already built into its decision theoretic structure that can be used to block many categories of theological hypotheses including MGO’s more outrageous “cooked-up” hypotheses and “philosophers’ fictions”. -/- Please note that there are editorial errors in the published version. They have been corrected in the attached. (shrink)

In the Canon of the Critique of Pure Reason, Kant endorses both a Moral Belief in God as well as what he there calls Doctrinal Belief. The former mode of belief is well known and can be found throughout the Kantian Corpus. The latter, however, is far more obscure and thus far has not been carefully studied. Doctrinal Belief only appears explicitly in the Canon, but is related to a number of issues in the Transcendental Dialectic as well as the (...) Critique of Judgment. This paper will provide an account of the Doctrinal Belief in God and consider its compatibility with Kant’s other discussions of the projected ground of the principle of purposiveness. (shrink)

T. H. Marshall, a British sociologist, gave a series of lectures in 1949 under the title “Citizenship and Social Class.” To many American intellectuals, his analysis still offers a persuasive account of the origins of the welfare state in the West. But Marshall spoke in the early postwar era, when the case for expanded social benefits seemed unassailable. Today's politics are more conservative. In every Western country the welfare state is under review. Yet Marshall's conception can still help define the (...) issues in social policy and the way forward. (shrink)

From the winds of Mars to a baby's first laugh, a prolific philosopher-composer reflects on the profound imperative of sound in everyday life. Experiencing Sound presents its subject, the one sense we can never stop using, as fundamental to all experience-sensation, perception, and understanding. Lawrence Kramer turns on its head the widespread notion that vision takes pride of place among the senses and demonstrates how paying attention to sound can transform how we make meaning out of experience. Through a (...) series of brief, lyrical forays, Experiencing Sound shows that sound is the object of a primary need and an essential component in the sensation of being alive and the perception of time. It is something that we may suffer-or be made to suffer-as well as enjoy. Like its predecessor, The Hum of the World, this book ranges widely across music, philosophy, literature, art, media, and history, from classical antiquity to the present, as it invites us to experience sound anew. (shrink)

This paper reports data and scholarly opinion that support the perception of systemic flaws in the management of scientific professions and the research enterprise; explores the responsibility that professional status places on the scientific professions, and elaborates the concept of the responsible conduct of research (RCR). Data are presented on research misconduct, availability of research guidelines, and perceived research quality.

If some aspects of human behavior are too murky to see into, others are too close and transparent to examine; one that has eluded both scientists and philosophers is how speakers of natural languages make words and expressions refer to specific objects in the world. Marshalling his expertise in philosophy, computers, and system science (State U. of.

The placement of hydrogen in the periodic table has unique implications for fundamental questions of chemical behavior. Recent arguments in favor of placing hydrogen either separately at the top of the table or as a member of the carbon family are shown to have serious defects. A Coulombic model, in which all compounds of hydrogen are treated as hydrides, places hydrogen exclusively as the first member of the halogen family and forms the basis for reconsideration of fundamental concepts in bonding (...) and structures. The model provides excellent descriptive and predictive ability for structures and reactivities of a wide range of substances. (shrink)

Students of the `long' McCarthy period in the United States – fromthe late 1940s through the 1950s – have paid inadequate attentionto the effects of this oppressive time upon science. Visa andpassport denials, loyalty oaths, security investigations, andother problems placed in the paths of scientists no doubthindered science. But they also increased the political maturityof its practitioners, a fact of which recent events make usparticularly aware.

The opinions expressed herein are those of the author and do not necessarily reflect the policies of the Office of Research Integrity, U.S.Department of Health, or any other Federal agency.