Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good (...) man’s virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space of (...) regions, and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

Despite the long history of beliefs about the therapeutic properties of work for people with mental ill health, rarely has therapeutic work itself been a focus for historical analysis. In this article, the development of a therapeutic work ethic (1813—1979) is presented, drawing particular attention to the changing character and quality of beliefs about therapeutic work throughout time. From hospital factories to radical ‘antipsychiatric’ communities, the article reveals the myriad forms of activities that have variously been considered fit work for (...) people with mental health problems. While popular stereotypes of basket-weaving paint a hapless portrait of institutional work, a more nuanced reading of therapeutic work and its political and philosophical commitments is advanced. The article concludes by arguing that the non-linear and inherently contested development of therapeutic work is less the effect of paradigmatic shifts within the therapeutic professions, but rather evidence of a broader human struggle with work. (shrink)

In France, John Baptist Say has the merit of producing a very superior work on the subject of Political Economy. His arrangement is luminous, ideas clear, style perspicuous, and the whole subject brought within half the volume of [Adam] Smith's work. Add to this considerable advances in correctness and extension of principles.

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. I (...) will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. I (...) will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

This paper explores a colonial controversy: the imposition of state rules to limit salmon fishing in a Scandinavian subarctic river. These rules reflect biological fish population models intended to preserve salmon populations, but this river has also been fished for centuries by indigenous Sámi people who have their own different practices and knowledges of the river and salmon. In theory, the Norwegian state recognizes traditional ecological knowledge and includes this in its biological assessments, but in practice this does not happen, (...) so Sámi fishing practices and the realities that they enact are disappearing. This paper explores how to conceptualize colonial differences in knowing. Drawing on recent anthropology, it asks how “settler” and “nomadic” enact worlds and their realities, suggesting that, unlike the latter, the former create a single reality intolerant of alternatives. The focus is thus on a “politics of how” and the ways in which colonial realities and knowledges might intersect less destructively. (shrink)

Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in the (...) discussion and to reset the terms of the debate. His agenda extends across historical, theoretical, and political questions.He wants to affirm that a radical, indeed absolute break separates the later from the earlier de Man. He also wants to show that the young de man, however firmly committed to fascist ideology and however much an accomplice of the Nazis occupying Belgium, at the same time regularly distanced himself from that ideology and even undermined its meanings. Moreover, Derrida boldly takes up the challenge that these revelations have cast on the intellectual movement he and de Man have shaped. Can deconstruction come to grips with the political and intellectual history of its own leading American proponent? And can deconstruction in the process make a distinctive contribution to the understanding of fascism and intellectuals’ participation in it? John Brenkman is associate professor of English at Northwestern University. He is the author of Culture and Domination . Jules David Law is assistant professor of English at Northwestern University. He is currently working on a book-length study of the metaphors of surface, depth, and reflection in eighteenth- and nineteenth-century British prose. (shrink)

Drawing on classic and contemporary scholarship and empirical analysis of elections and public expenditures in 80 countries, the author argues for the existence of primary and secondary laws of politics. Starting with how basic elements of politics-leadership, organization, ideology, resources, and force-coalesce in the formation of states, he proceeds to examine the operations of those laws in democracies and dictatorships. Primary laws constrain the support that incumbents draw from the electorate, limiting their time in office. (...) They operate unimpeded in democracies. Secondary laws describe the general tendency of the state to expand vis-à-vis economy and society. They exert their greatest force in one-party states imbued with a totalitarian ideology. The author establishes the primary laws in a rigorous analysis of 1,100 parliamentary and presidential elections in 80 countries, plus another 1,000 U.S. gubernatorial elections. Evidence for the secondary laws is drawn from public expenditure data series, with findings presented in easily grasped tables and graphs. Having established these laws quantitatively, the author uses Cuba as a case study, adding qualitative analysis and a practical application to propose a constitutional framework for a future Cuban democracy. Written in an engaging, jargon-free style, this enlightening book will be of great interest to students and scholars in political science, especially those specializing in comparative politics, as well as opinion leaders and engaged citizens. (shrink)

Duty of care is the core ethical responsibility of healthcare workers. Getting the workforce vaccinated will provide safety to the public, protect the vulnerable population and provide a safe working environment. While most agree that healthcare workers should be prioritised in the vaccination programme, mandatory vaccination remains a complicated and contentious issue with political, legal and ethical dimensions. This study aims to determine the ethical considerations associated with mandatory vaccinations among healthcare workers. A total of 152 abstracts were identified of (...) which, 142 were excluded based on abstracts because they did not meet the inclusion criteria. The remaining ten articles were further evaluated with three articles that fit the inclusion criteria specifically discussing mandatory vaccination among healthcare workers and the ethical issues. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were used as a framework to discuss the ethical considerations which resonated both directly from the included papers, as well as more generally from the other literature associated with this search. There is limited literature on the topic of ethical considerations associated with COVID-19 mandatory vaccination of healthcare workers, as a systematic review identified only 3 papers. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were among the seven ethical considerations identified and discussed. (shrink)

Alfred Cuzán proposed five “laws of politics” that allegedly govern elections in democracies. Drawing from insights in the general philosophy of science and the philosophy of the social sciences, I argue that—although his empirical evidence is impressive—he failed to develop a convincing argument for calling the five theses “laws.” This article discusses other examples that often are claimed to be “laws of politics” and describes the global picture supporting this analysis.

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Language & Logic -- Glossary -- Aristotle's syllogisms -- Russell's paradox & Frege's logicism -- profile: Aristotle -- Russell's theory of description -- Frege's puzzle -- Gödel's theorem -- Epimenides' liar paradox -- Eubulides' heap -- Science & Epistemology -- Glossary -- I think therefore I am -- Gettier's counter example -- profile: Karl Popper -- The brain in a vat -- Hume's problem of induction -- Goodman's gruesome riddle -- Popper's conjectures & refutations -- Kuhn's scientific revolutions -- Mind (...) & Metaphysics -- Glossary -- Descartes mind-body problem -- Brentano's intentionality -- Fodor's language of thought -- Parfit's persons -- profile: René Descartes -- Chalmer's zombies -- Zeno's paradoxes -- Kant's left hand -- Theseus' ship -- Laplace's demon, determinism, & free will -- Ryle's ghost in the machine -- Ethics & Political Philosophy -- Glossary -- Aristotle's ethics -- States of nature and the social contract -- Kant's categorical imperative -- profile: Immanuel Kant -- Mill's utilitarianism -- Marx's historical materialism -- The trolley problem -- Religion -- Glossary -- Aquinas' five ways -- Anselm's ontological argument -- profile: Thomas Aquinas -- Epicurus' riddle -- Paley's watchmaker -- Pascal's wager -- Hume against miracles -- Grand Moments -- Glossary -- Socrates' method -- Plato's cave -- Aristotle's four causes -- Lucretius' atomism -- profile: Ludwig Wittgenstein -- Berkeley's idealism -- Kant's synthetic a priori -- Hegel's dialectic -- James' pragmatism -- Moore's common sense -- Wittgenstein's picture theory of language -- Continental Philosophy -- Glossary -- Nietzsche's Superman -- profile: Friedrich Nietzsche -- Derrida's deconstruction -- Heidegger's nothing -- Sartre's bad faith. (shrink)

This article asks how contexts are made in science as well as in social science, and how the making of contexts relates to political agency and intervention. To explore these issues, it traces contexting for foot-and-mouth disease and the strategies used to control the epidemic in the United Kingdom in 2001. It argues that to depict the world is to assemble contexts and to hold them together in a mode that may be descriptive, explanatory, or predictive. In developing this argument, (...) it explores how contexts are assembled in a series of different descriptive and explanatory narratives in epidemiology, policy, critical social science, and social studies of science. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred (...) congressional "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

Law as Politics thematically organises in one volume the varying engagements and confrontations with Schmitt's work and allows scholars to acknowledge-and ...

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

This work contains, perhaps, a larger amount of vigorous orthodoxy than can elsewhere be found in so small a compass. It is a plea for a laissez-faire policy, and is full of wisdom of a kind that is needed, in view of the drift of opinions toward “stateism.” Its effect on public policy will be like that of an anchor planted on a shoal on one side of a channel in order to warp a vessel off from an opposite shoal. (...) Yet in one way it brings economics and politics into close connection; it discusses government as an economic function, a process of creating and selling the product security. Though opposing governmental interference in industry, it emphasizes the action of economic law upon government. (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)

In this paper I reconstruct and defend John Rawls' The Law of Peoples, including the distinction between liberal and decent peoples. A “decent people” is defined as a people who possesses a comprehensive doctrine and uses that doctrine as the ground of political legitimacy, while liberal peoples do not possess a comprehensive doctrine. I argue that liberal and decent peoples are bound by the same normative requirements with the qualification that decent peoples accept the same normative demands when they are (...) reasonably interpreted and from their comprehensive doctrine, not from political liberalism. Normative standards for peoples appear in a law of peoples in two places: as internal constraints carried forward from political liberalism which regulate domestic affairs and as principles derived from a second original position that provide the normative ground for a society of peoples. This first source of normative standards was unfortunately obscured in Rawls' account. I use this model to defeat the claim that Rawls has accommodated decent peoples without sufficient warrant and to argue that all reasonable citizens of both liberal and decent peoples would accept the political authority of the state as legitimate. Although my reconstruction differs from Rawls on key points, such as modifying the idea of decency and rejecting a place for decent peoples within a second original position, overall I defend the theoretical completeness of political liberalism and show how a law of peoples provides reasonable principles of international justice. (shrink)

A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss colonial deployments of European law and politics via the concept of ideology.

Law and Politics under the Abbasids: An Intellectual Portrait of al-Juwayni. By Sohaira Z. M. Siddiqui. Cambridge Studies in Islamic Civilization. Cambridge: Cambridge University Press, 2019. Pp. xiii + 312. $99.99, $32.99, $26.

This paper studies both Locke's Two Treatises of Government and Sidney's Discourses Concerning Government. It suggests that there is a much closer relationship between them than has usually been assumed. In particular, there is a community of language, and of argumentation, underlying their justifications of resistance. This hinges upon the rights, and the law, of war. This language was a Dutch inheritance: it derived specifically from Hugo Grotius' classic The Law of War and Peace (1625). But its development here also (...) drew upon two English contexts: both the political crisis of 1678-83 and the earlier experience of the English civil wars. I have argued elsewhere that the crisis of 1678-83, usually called the exclusion crisis, was at one level a reliving of the experience of the civil wars. It was the Restoration crisis, and it was triggered by a collapse of confidence in the Restoration settlement. Indeed beneath the constitutional veneer of the Restoration period as a whole -- a restoration of constitutional normality as superficial as it was brief -- lay the proximity, and eventually the fact, of political (and judicial) violence. It was within this context that there emerged, in the work of Locke and Sidney, an ideology of political and judicial violence that drew upon the experience of half a century of England's troubles. In so tracing their use of Grotius we will be considering the reflections of some of Early Modern Europe's most influential writers upon what was the primary political problem of their age. (shrink)

There are several theses in political science that are usually explicitly called ‘laws’. Other theses are generally thought of as laws, but often without being explicitly labelled as such. Still other claims are well-supported and arguably interesting, while no one would be tempted to call them laws. This situation raises philosophical questions: which theses deserve to be called laws and which not? And how should we decide about this? In this paper we develop and motivate a (...) strategy for thinking about laws in political science which integrates two core concepts: spatio-temporal stability and social mechanisms. The proposed strategy is a set of guidelines that political scientists can use to reflect on and argue about specific cases within their discipline, not a clear-cut demarcation criterion. We defend and motivate this strategy and apply it to two cases (one with respect to state repression, one about parliamentary elections). After we have developed and motivated our strategy for political science, we show that our proposal is relevant for other disciplines in the social sciences. We explain how our views fit into critical realism and embed them in the debate on laws in general philosophy of science and in the philosophy of the social sciences. (shrink)

Social interaction and the constitution of mediated and nested space in the court of appeal -- Conclusion -- Concluding remarks: On becoming juridical -- Ways of spacing law and politics -- Becoming juridical -- Towards hybrid juridical spaces -- References -- Index.

Introductory courses in political philosophy would benefit from the incorporation of material on the Iroquois Great Law of Peace, including the story of the foundation of the Haudenosaunee Confederacy. Classroom study of this tradition will serve several purposes: introducing a valuable account of political phenomena such as negotiation, consensus, veto, and rational communication; contributing to the diversity of syllabi; tracing the influence of Iroquois law on Western political institutions; and comparing the Haudenosaunee story to early modern social contract theory, especially (...) Hobbes’ Leviathan. This paper draws connections to relevant topics in a standard, historically-oriented course and suggests learning resources and objectives. (shrink)

Lieber's influence as an educator will make the work of interest to scholars of legal education as well as students of law and government.

"... some very serious critiques of French existential phenomenology and post-structuralism... the contributors offer some refreshingly new insights into some tried and 'true' philosophical texts and more recent works of literary theory." -- Philosophy and Literature "By bridging the gap between 'analytic' and 'continental' philosophy, the authors of The Thinking Muse: Feminism and the Modern French Philosophy largely overcome the cultural polarity between 'male thinker' and 'female muse'." -- Ethics "These engaging essays by American Feminists bring toether feminist philosophy, existential (...) phenomenology, and recent currents in French poststructuralist thought. The editors provide an excellent introductory overview, making this an ideal book for courses in feminist theory and philosophy and modern French thought." -- Philosopher's Index "The concerns raised in this volume are substantial.... a solid addition to the canon of American feminist philosophy." -- Philosophy and Literature "... a forum for feminist appropriations of existential and post-structuralist philosophy." -- Canadian Philosophical Reviews Marking a radical shift in the traditional philosophical separation between muse (female) and thinker (male), The Thinking Muse revises the scope and methods of philosophical reflection. These engaging essays by American feminists bring together feminist philosophy, existential phenomenology, and recent currents in French poststructuralist thought. (shrink)

In what constitutes the only English-language collection of essays ever dedicated to the analysis of Montesquieu's contributions to political science, the contributors review some of the most vexing controversies that have arisen in the interpretation of Montesquieu's thought. By paying careful attention to the historical, political, and philosophical contexts of Montesquieu's ideas, the contributors provide fresh readings of The Spirit of Laws, clarify the goals and ambitions of its author, and point out the pertinence of his thinking to the (...) problems of our world today. (shrink)

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...) volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

In the last two centuries, our world would have been a safer place if philosophers such as Rousseau, Marx, and Nietzsche had not given intellectual encouragement to the radical ideologies of Jacobins, Stalinists, and fascists. Maybe the world would have been better off, from the standpoint of sound practice, if philosophers had engaged in only modest, decent theory, as did John Stuart Mill. Yet, as Ronald Beiner contends, the point of theory is not to think safe thoughts; the point is (...) to open intellectual horizons. In Philosophy in a Time of Lost Spirit, Beiner reflects on the dualism of theory and practice. The purpose of the theorist is not to offer sensible guidance on the conduct of social life but to test the boundaries of our vision of social order. Whereas the liberal citizen should embody the practical virtues of prudence and moderation, the theorist should be radical, probing, and immoderate. Looking back at the liberal-communitarian debate of the 1980s, Beiner recognizes that the antidote to our spiritless times lies neither in the embrace of community over individualism nor of individualism over community: both individual and community need to be submitted to radical questioning. It is by exposing ourselves to the challenge of fearless thinking encountered at the philosophical extremities that we are most likely to understand our own world at a deeper level. In this collection of essays and reviews, Ronald Beiner helps us to think critically about the thought-worlds of our foremost contemporary thinkers, including Hannah Arendt, Allan Bloom, Michel Foucault, Hans-Georg Gadamer, J¦rgen Habermas, Will Kymlicka, Christopher Lasch, Richard Rorty, Judith Shklar, Leo Strauss, Charles Taylor, and Michael Walzer. (shrink)

In the modern period, the most original and influential theories about law and politics were developed in connection with a set of far-reaching, interrelated questions about the definition of law, the purpose of law, the relationship between law and morality, and the existence of natural law and natural rights. In this entry I summarize the contributions of Charles-Louis de Secondat, Baron de La Brède et de Montesquieu; William Blackstone; Jeremy Bentham; and Immanuel Kant as exemplars of the history of (...) modern thought on law and politics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689 by Simon P. KennedyFrancis J. BeckwithKENNEDY, Simon P. Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689. Edinburgh: Edinburgh University Press, 2022. ix + 125 pp. Cloth, $110.00In this monograph Simon P. Kennedy offers an account of the desacralization of politics in the West by critically examining the works of five central figures in (...) the Protestant Reformed tradition: John Calvin (1509–64), Richard Hooker (1554–1600), Johannes Althusius (1557–1638), Thomas Hobbes (1588–1679), and John Locke (1632–1705). He dedicates a chapter to each thinker. The core of Kennedy's thesis is that desacralization is the result of a shift in the way modern thinkers like Hobbes and Locke reimagined the nature of natural law. The medieval tradition, having found its fullest expression in the work of St. Thomas Aquinas, saw natural law as one of four different types of law: eternal law (the eternal plan of creation in the mind of God), natural law (the rational creature's participation in the eternal law), human law (civil laws that are derived from the natural law), and divine law (the Old and New Testaments). According to Kennedy, the eventual desacralization of politics was set in motion with the development of arguments for natural rights that relied on a natural law that was in [End Page 553] practice severed from eternal law. But in that case, our political institutions—which are founded on the natural law—are purely human constructions and thus entirely secular.The usual story is that the Protestant Reformation constituted the decisive break with the medieval tradition and that it was the political theology of the reformers and their immediate successors that made the secularization of politics nearly inevitable. Kennedy wants to push back against that story. He argues, quite convincingly, that Calvin, Hooker, and Althusius, all Reformed Protestants, were in continuity with their medieval predecessors. Although Calvin is often depicted by his contemporary followers—especially among American Evangelicals—as hostile to the natural law tradition, Kennedy marshals an impressive case that shows that classical natural law seemed almost second nature to Calvin. My own sense is that the confusion over Calvin is the result of his contemporary readers expecting him to use the vocabulary of an Aquinas or a Duns Scotus. But not finding that vocabulary, they conclude that he rejected the natural law. Kennedy dispels that confusion by showing that Calvin in fact was fully committed to the four types of law absent the technical jargon of medieval scholasticism.Hooker and Althusius, writes Kennedy, continue in that tradition, though with a bit of a twist that some argue portends to Hobbes and Locke. Hooker and Althusius use the language of contract to account for the origin of certain aspects of political life. But Kennedy insists that it is a mistake to interpret them as proto-contractarians (as one finds in Hobbes and Locke), for they still held that the natural law participates in the eternal law, and that any agreements employed in the service of political life are under the authority of, and guided by, the natural law. One could argue, then, that these "contracts," like constitutions and treaties, are nonstatutory manifestations of the human law, which is perfectly consistent with classical natural law. So like Calvin before them, Hooker and Althusius were, as Kennedy puts it, theistic political naturalists.Hobbes and Locke are a different story. According to Kennedy, they both defended desacralized views of politics, with Hobbes being the more extreme of the two. Although I think he is correct in that assessment, I am not sure he locates the cause of the desacralization in the right place. For example, he says that because for Locke politics is artificial and not natural—that is, it is the result of a social contract to insulate members of society from the instability of a state of nature—politics is desacralized, even though God is the ultimate source of the natural law. But it is not clear how that in and of itself desacralizes politics. After all, Aquinas, the paradigm case of a classical natural lawyer, held... (shrink)

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)

v. 1. Introduction to the study of Qurʼan -- v. 2. Surat ul-Faateha to Surat-ul-Baqarah (sections 1-21) -- v. 3. Surat-ul-Baqarah (sections 22 to 37) -- v. 4. Surat-ul-Baqarah (sections 38-40), Surat Aal-e-Imran, Surat-un-Nisa (sections 1 and 2) -- v. 5. Surat-un-Nisa (sections 3 to 24), Surat Al-Maaʼidah (complete), Surat Al-Anʼaam (sections 1-5) -- v. 6. Surat Al-Anʼaam (sections 6-20) -- v. 7. Surat Yunus to Surat Ibrahim -- v. 8. Surat al-Hijr to Surat al-kahf -- v. 9. Surat Maryam (...) to Surat-ul-Moʼminoon -- v. 10. Surat-un-Noor to Surat-ul-Qasas -- v. 11. Suratul Ankaboot to Surat Faatir -- v. 12. Surat Yaaseen to Surat-ush-Shoora -- v. 13. Surat Zukhruf to Surat Toor -- v. 14. Surat-un-Najm to Surat-ul-Munafiqoon -- v. 15. Surat-at-Taghaabun to Surat-al-Infitaar -- v. 16. Surat-at-Tateef to surat-an-Naas. (shrink)

Originally published in 1971 by Winthrop Publishers, Inc., this volume provides a discussion and analysis of the theory of natural law as it appears in contemporary political and social thought. This theory of natural law was used from the fifth century B.C. until the end of the eighteenth century to provide a universal, rational standard to determine the nature and limits of political obligation, the evaluation of competing forms of government, and the relation of law and politics to morals.