I am the LawIt is hard to imagine two more disparate characters than Judge Joseph Dredd and Hercules J—the one an over-muscular, faceless and heavily armed street judge astride a Lawmaster motorcycle who overidentifies with his role ; the other devoid of any physical presence or image, and structurally decoupled from the execution of law by a fierce determination to maintain the separation of powers and accountability which Dredd so effortlessly ignores. Hercules J is the embodiment of an intellectualised, yet (...) creative, operationalisation of law. To the academic spirit, Hercules is infinitely preferable as a model of judicial activism: his world conjures a contemplative modality, ever alert to the requirements of rights and largely aligned with the temper of the post-Enlightenment. By contrast, Dredd is the personification of the worst aspects of law-and-order as the debased and politicised manifestation of the Rule of Law. His is an intensely visceral presence, the metonymic blindness of Themis replaced by the Dredd’s fractured eyeline: blindness as a signifier of impartiality yields to blindness as a symptom of institutional rage. This article interrogates the characters, actions and values of Hercules J and Dredd J, viewed primarily through the lens of Jacques Derrida’s Force of Law, focusing on the relationship between law and violence as it is exposed in Hercules’s and Dredd’s worlds, and then turning to judicial confrontation with the aporetic: the aporias, identified by Derrida and others, that law must confront. The interrogation continues, finally contemplating the current state of law in the common law world—the world of liberal democracies, suggesting that the high point of democracy may well have passed, and that we are on a Dredd-ward trajectory. (shrink)

The success of the early music movement has long raised questions about performing historical works: Should musicians perform on period instruments and try to reconstruct the original style? If a historically “authentic” performance is impossible or undesirable, what should be the goal of the early music movement? I turn to Gadamer to answer these questions by constructing the outlines of a hermeneutics of early music performance. In the first half of the paper, I examine Gadamer’s critique of historical reconstruction and (...) argue that this critique sheds light on mistaken tendencies and misunderstandings within the early music movement, but it does not discredit the movement as such. In the second half of the paper, I attempt to show how Gadamer’s dialogical account of historical consciousness provides a framework for understanding what historically informed performance is seeking to accomplish, as well as its advantage over a Nietzschean approach. (shrink)

In the Freedom Essay, Schelling provides four different accounts of the copula, two of which are largely implicit. In this paper, I focus on the first of these accounts, which I call the "mediated account." I argue that this explanation of the copula articulates a fundamental ontological structure in Schelling's philosophy. In the first half of the paper, I analyze the structural features of the account, drawing on Schelling's more extensive treatment in the Ages of the World. In the second (...) half of the paper, I argue that Schelling's fundamental distinction between that-which-exists and the ground of existence exhibits the same structure as the mediated account of the copula. This has implications for understanding the enigmatic relationship of these two principles to the Ungrund. I conclude by briefly suggesting other applications of this fundamental structure in Schelling's philosophy. (shrink)

Review article on Philipp Höfele's book "Wollen und Lassen: Zur Ausdifferenzierung, Kritik und Rezeption des Willensparadigmas in der Philosophie Schellings" (Freiburg: Alber, 2019). The book demonstrates why Schelling is not an uncritical predecessor of Nietzsche and the will to power, as Heidegger alleges. Instead, Schelling displays an ambivalent attitude toward willing—affirming it in some forms, critiquing or rejecting it in others. Above all, Schelling’s thought on the will has many layers of complexity: it includes not only a variety of forms (...) of willing, but also “fringe phenomena” like non-willing or Gelassenheit that are ordinarily placed in opposition to will. Moreover, Schelling’s philosophy of will is distinctive in not conceiving willing and letting-be as either-or alternatives, as Heidegger tends to do. Especially in the late lectures, Schelling brings them together, showing how non-voluntary phenomena like Gelassenheit make an authentic willing possible. (shrink)

Robert Merrihew Adams argues that it is permissible for a perfectly good moral agent to create a world less good than the best one she could create. He argues that God would exhibit the important virtue of grace in creating less than the best and that this virtue is incompatible with the merit considerations required by the standard of creating the best. In this paper I give three arguments for the compatibility of merit consideration and graciousness of God toward creation. (...) I conclude that grace would not release a perfect agent from responsibility to create the best. (shrink)

In this essay, I give an analysis of the account of non-being in the Weltalter, focusing on the ways in which this account reflects Schelling’s new ontology of revelation. I begin by discussing the connection between non-being and the fundamental distinction between the principles in God. I then turn to the relationship of non-being to being in the Weltalter and show how a new meaning of being allows Schelling to distinguish non-being from nothing. The new meaning of being also makes (...) possible a distinction between essential non-being and de facto non-being; this distinction allows for the temporal sequence of revelation and the possibility of evil. I conclude by showing the implications of Schelling’s theory of non-being for his understanding of creation. (shrink)

In this paper I investigate the relationship between the serious and the playful elements in Socrates’ character as these unfold within the context of Xenophon’s Symposium. For the Greeks, the concept of value is attached to the meaning of seriousness, and this accounts for the natural preference for the serious over the playful. Despite the potential rivalry of the playful and philosophy, Socrates mixes the playful with the serious in such a way as to conceal their boundary. This mixing serves (...) the purpose of education, by both attracting us to Socrates and placing us at a distance from the intended meaning of his words. (shrink)

Review article on Alexander Schnell’s book “Hinaus: Entwürfe zu einer phänomenologischen Metaphysik und Anthropologie” (Würzburg: Königshausen & Neumann, 2011). According to Schnell, an exclusively descriptive phenomenology is not enough; phenomenology must also be constructive. He thus outlines an ambitious project for constructive phenomenology that promises (1) to provide an ultimate justification for knowledge and (2) to ground a phenomenological metaphysics and anthropology, each of which is centered on the “image” (Bild). Insofar as Schnell fills in the details of this outline, (...) his analysis is careful, provocative, and filled with insight. (shrink)

At first glance, Schopenhauer’s account of human freedom looks strikingly similar to Schelling’s account of formal freedom in the Freiheitsschrift. Despite the clear similarities, I argue that there is a decisive difference between the two accounts—a difference that has to do with the ultimate grounding of freedom. For Schelling, the intelligible deed is a radical self-grounding of the eternal essence of the human being. For Schopenhauer, the eternal essence of the human being is groundless. Moreover, I argue that this difference (...) has decisive consequences for two sets of issues. On the one hand, Schelling’s concept of self-grounding allows him to preserve the universal application of the principle of ground. On the other hand, self-grounding is the only way that human beings can be responsible for who they are. Schelling thus anticipates a key insight of Galen Strawson: ultimate moral responsibility is only possible for a causa sui. (shrink)

ABSTRACT This summary lays out the basic science and methodology used in genetic testing that investigates historical population migrations and the ancestry of living individuals. The genetic markers used in this testing, and the distinction between Y‐chromosome, mitochrondial and autosomes analysis, are explained and the shortcomings of these methodologies are explored.

Plagiarism is often equated with theft, but closer inspection reveals plagiarism’s distinctive dimensions. Fundamentally, plagiarism is a form of deception, whereby the plagiarist uses the instructor as a means toward the plagiarist’s own end. Implicitly asking the instructor for a fair and accurate evaluation of the student’s abilities, the plagiarist at the same time sabotages the instructor’s capacity to make that judgment, thereby violating a duty inherent in the student-teacher relationship. Moreover, every act of plagiarism damages the plagiarist’s integrity, thereby (...) subverting his/her own well-being, while contributing as well to a widespread devaluing of education for both the individual and society. (shrink)

Chief Judge Achilles and Judge Hera – uniqueness of proceedings – the nature of judicial decision-making – the judicial order of Mega-city One – source of judicial power – judicial styles – qualities required for judicial office – context of judicial action – requirement of reflection – interpretation and meaning in enforcement of law – adjudicative models – law as horrific – legal theories – Hans Kelsen – Justice Hercules – Jacques DerridaJudge Howard – critical assessment of judicial order of (...) Mega-city One – Hans Kelsen, positivism and democracy – merging of law fondatrice and law conservatrice – the “soul of the law” – fracture of the Rule of Law – fascism – comparisons with fascist regimes of twentieth Century Europe – signifiers in judicial uniform – consequences of dissent – reasons for, and consequences of, resignationChief Judge AchillesJudge HeraJudgement delivered 3 March 2138.Grand Hall of Justice, Mega-city One. (shrink)

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This book is a new interpretation of Schelling's path-breaking 1809 treatise on freedom, the last major work published during his lifetime. The treatise is at the heart of the current Schelling renaissance—indeed, Heidegger calls it "one of the most profound works of German, thus of Western, philosophy." It is also one of the most demanding and complex texts in German Idealism. By tracing the problem of ground through Schelling's treatise, this book provides a unified reading of the text, while unlocking (...) the meaning of its most challenging passages through clear, detailed analysis. This analysis shows how Schelling's implicit distinction between senses of ground is the key to his project of constructing a system that can satisfy reason while accommodating objects that seem to defy rational explanation—including evil, the origins of nature, and absolute freedom. This allows Schelling to unite reason and mystery, providing a rich model for philosophizing about freedom and evil today. (shrink)

This paper is a reading of Schelling’s 1809 treatise Of Human Freedom in light of its relationship to the question why? and the principle of sufficient reason. This “principle of ground” defines the limits of rational inquiry and poses substantial difficulties for the three central themes of Schelling’s text: God, freedom, and the reality of evil. God and freedom go beyond the principle by requiring an absolute beginning—a ground that is not itself grounded. Evil defies rational explanation, deriving its existence (...) from a specifically human freedom to do evil. Schelling’s text traces God, freedom, and evil back to their origin at the moment when God’s existence and its ground “sprung forth” from the non-ground. Here at the origins of ground the principle of reason no longer applies. (shrink)

This work elucidates elements of Leibniz's theodicy which are non-teleological. Rather than ignoring the personal dimensions of suffering, as some have charged, Leibniz actually recognizes the threat that the problem of innocent suffering presents for a perfectly good God. His theodicy goes beyond the global greater-good defense of the best possible world argument in several ways. He appeals to personal greater-goods to justify some instances of suffering, but he also invokes deontological principles in his retributive justice arguments, his response to (...) the author of sin problem, and his constraint against damnation of infants. However, an evidential version of the problem of horrible suffering of innocents would still threaten his theodicy. This problem persists due to Leibniz's rejection of theological voluntarism in favor of a unified system of ethics for God and rational creatures. Finally, Leibniz's rejection of quietism provides an important resource for a response to suffering. His theodicy thus implies a moral activism whereby the good for each rational creature is bound up with the general good of others in the amelioration of the world. (shrink)

This excellent book focuses on a decisive moment in Schelling's philosophical development: his 1801 dispute with Eschenmayer shortly before publishing Presentation of My System, the inaugural text of his identity philosophy. Carl August Eschenmayer was a German physician whose Kant-inspired writings in the philosophy of nature greatly influenced Schelling, especially with respect to the doctrine of the potencies. As Berger and Whistler demonstrate, the 1801 controversy has significant implications for understanding the trajectory of German Idealism and its debates on methodology, (...) the meaning of identity, and the place of nature in philosophy. (shrink)

This collection is the first volume published by Cambridge University Press devoted exclusively to Schelling scholarship. It contains eleven essays on diverse topics in Schelling’s philosophy, covering the entirety of his philosophical development, but mostly focusing on writings up to 1815. A number of the contributors are well-established scholars best known for their work on other thinkers in German Idealism. The volume thus offers readings of Schelling that are especially sensitive to his relationship to other figures in classical German philosophy. (...) Perhaps the richest contribution in the volume is Manfred Frank’s essay on Schelling’s theory of identity, which covers the theory’s historical sources, its application to the mind-body problem, and Schelling’s disagreement with Hegel. In any case, the wide historical range of these essays and the diversity of their topics offer an excellent overview of Schelling’s philosophical development. (shrink)

This book aims to present a richer alternative to the popular conception of freedom as the power to choose by giving an account of freedom in Schiller, Schelling, and Hegel. Despite my points of criticism (especially with regard to moral responsibility and the freedom to do evil), the contributions of the book are significant. By posing and developing the question of the relationship between freedom and actuality, Schindler introduces a problem that any complete account of freedom must address. At the (...) same time, Schindler provides us with a useful framework for relating Schelling and Hegel on freedom. Finally, the book gives an overview of the potential richness that a fuller conception of freedom provides. (shrink)