It has been nearly fifty years since the collapse of the Nazi regime; is there any longer a point to presenting for the apprehension and prosecution of surviving Nazi war criminals? In this carefully argued book, Alan Rosenbaum makes it clear that there is. This book is an important contribution to Jewish and Holocaust studies, to political and social thought, and to moral theory, arguing that we must continue to pursue the prosecutorial agenda as an investment in the (...) moral climate in which we wish to live. (shrink)

An excellent sampling of current thinking in the theory and practice of constitutionalism. Each essay was written specifically for this volume by well-known legal and political philosophers. . . . All in all, a first-rate and provocative example of contemporary philosophical concerns. Choice In our constitutional democracy, the dissent and conflict that are the inevitable consequence of free political dialogue point to the importance of reexamining the philosophical premises on which our conceptions of society and government are based. This volume (...) of original essays reviews the foundations of constitutionalism in classical liberal thought and looks at contemporary philosophical perspectives on a wide range of constitutional issues. Written by a distinguished group of philosophers and constitutional scholars, it provides a deeper understanding of the U.S. Constitution as a political instrument and examines the idea of constitutionalism as it functions in our modern world. (shrink)

In my paper I propose to explore a defensible philosophical basis for affirming the significant uniqueness of the Holocaust in relation to other similar instances of genocide and, accordingly, to contribute to efforts to better secure its place in history for future generations, especially in terms of its impact on aspects of institutionalized remembrance in law and morality. The twentieth century has been a century of democide (a state’s killing of its own people) and genocide (a state’s murder of its (...) own minorities in the general population): it ought to be or to promote a century of indelible remembrance. Perhaps the twenty-first century will be one not only of further institutionalized forms of remembrance to dissuade future genocidists, but also of the actualization of more effective internal mechanisms for preventing genocidal policies and practices. Short of prevention, however, mechanisms ought to be in place for either intervening in or stopping genocidal atrocities once they begin, and of apprehending, prosecuting, and punishing the perpetrators. Certainly the conceptual framework exists in international law and in popular moral discourse for identifying genocidal possibilities or attempts at genocide. Only a persistent global will needs to be present to make these mechanisms a reality. (shrink)

Modern Western liberalism is a further development of certain philosophical trends which were emerging in the 19th century. It reflects a particular confluence of utilitarian and natural law doctrines, and of ideological expressions of capitalism and socialism. The writings of J.S. Mill stand as among the earliest and most persuasive efforts to reconcile the often conflicting demands these trends have placed upon their interpreters. This study of Mill’s philosophy explores the "incompatibility" of these conflicts as he strives to deal with (...) them in the articulation of his democratic liberalism. Despite the increasing value that socialism held for him, I argue that Mill never really abandons his liberalist philosophy. His lifelong commitment to individualism and utilitarianism, coupled with his rejection of key socialist principles, is sufficient evidence for my conclusion that Mill's philosophy could never reach true socialism insofar as it retains the fundamental concepts of democratic liberalism. (shrink)

This paper details a combined graduate/undergraduate course on the Holocaust. This course was designed to cover the legal, social, political, and moral dimensions of the Holocaust, as well as to familiarize students with its significant historical details and persons. Special attention was devoted to the question of why the perpetrators of the Holocaust should be brought to justice, making connections to contemporary forms of prejudice and discrimination and emphasizing that such efforts at justice are not an issue between Jews and (...) Holocaust perpetrators but a matter of upholding the rule of law. The specifics of the legal cases brought against various Nazis in order to try them as war criminals were examined through both modern and contemporary theoretical frameworks (e.g. early legal positivism vs. decisionism), and other key philosophical themes were introduced throughout the term in order to provide frameworks for discussion and critique. The author reviews course requirements and discusses the implicit anti-Semitism expressed by students, concluding with a brief consideration of the value of such a course beyond the classroom. (shrink)

In my article I defend the claim that terrorism is morally indefensible, irrespective of the religious or political circumstances and motives behind the actions of its agents and sponsors. My argument is based on the indefeasible presupposition of modern civilization and our human rights culture that, like the prohibition against murder in the law of crimes, the deliberate killing of innocent civilian non-combatants—the principle target of terrorists—destroys the cardinal value of the sacrosanctity of all individual human life by making a (...) dignified or rights-respecting, flourishing social life impossible. In my view the Islamist terrorist network of Al Qaeda (and some Palestinian groups like Hamas and Islamic Jihad) offers a paradigm case of modern terrorism due to the success of their attack on the American homeland on 9/11 (2001).Accordingly, I suggest the outlines of a philosophical critique of some common contemporary views which often thwart a common defense against terrorism because they blur the moral clarity of those who ordinarily respect the dignity and basic rights of persons as well as the rule of law. The views I target include a type of moral relativism, a postmodernist perspectivism, and the “Blowback” thesis currently circulating in some official military and political precincts. In addition, I explain why terrorism so deeply offends the law of war and its correlative Just War tradition; and also I reflect on why rights-based democracies must confront terrorism without subverting their own foundations. (shrink)

In this paper I shall defend the thesis that differing concepts of human nature (or “personhood”) lead to different ideas about what “human rights” are, about what types there are, and how rights are to be ranked according to priority. Though some correlation is obvious, as evidenced in the literature, political forums, and in case studies of many nation-states, the question that we will consider is whether this correlation is a causal relationship or whether it is merely accidental and hence, (...) not worthy of any but passing notice. But if, as I believe, some definite causal connection, perhaps in combination with other factors does exist, we are quite right in focusing attention on the disparate “personhood” concepts or foundation level which lies uncovered and central to such disagreements about human rights. (shrink)

In this paper I shall defend the thesis that differing concepts of human nature (or “personhood”) lead to different ideas about what “human rights” are, about what types there are, and how rights are to be ranked according to priority. Though some correlation is obvious, as evidenced in the literature, political forums, and in case studies of many nation-states, the question that we will consider is whether this correlation is a causal relationship or whether it is merely accidental and hence, (...) not worthy of any but passing notice. But if, as I believe, some definite causal connection, perhaps in combination with other factors does exist, we are quite right in focusing attention on the disparate “personhood” concepts or foundation level which lies uncovered and central to such disagreements about human rights. (shrink)

It has been argued, and not without emotional detachment, that the Holocaust is unlike other events in world and Jewish history. Those who offer such arguments also claim that comparisons between events of ethnic cleansing, mass murder and other sorts of criminal behavior are not meant to purvey a kind of moral one-upmanship. The suffering and harm in one instance is as morally repugnant as those in any other instance, whether it is a Jewish child gassed and cremated by the (...) Nazis, a black child lynched in the southern United States, an Armenian child deliberately poisoned in a Turkish hospital, a Ukrainian child starved to death in a Stalinist blockade, a Native American child shot to death by Conquistadors, a Rwandan child hacked to death, or a Bosnian child blown to pieces by a land mine or sniper. (shrink)

The socio-economic “pro-democracy” revolutions which are currently sweeping the Soviet Union and Eastern Europe in the name of glasnost and perestroika have virtually stunned all but the best informed in the Western World. The demand for reform throughout the so-called “Soviet block,” and the concomitant impatience with the progress of these changes in the economic and basic social fabric of these societies, have come to exhibit an urgency which few observers, if any, had been able to forecast a few short (...) years ago. The declarations by some members of the U.S. Congress that these changes are indicative of the fact that the cold war has been won by the West, and that we are now witnessing the precipitous collapse of Marxist ideology, together with the widespread sentiment that there is “no going back” to the repressive Leninist-inspired regimes of Stalin, Khruschev, and Brezhniev are all synergistic to the creation of a sentiment of optimism that indeed we have turned the corner in East-West relations. To a world which has lived under the long night of thermonuclear extinction for over four decades, the feeling accompanying the prospect of a possible end to the nightmare of Armageddon further enhances the euphoric sentiment. (shrink)

Liberalism has been one of the leading incarnations of political thought for the past two centuries and it was also the first form of political theory to acquire a truly global reach. This volume examines the work of the most pivotal thinkers in the liberal tradition, starting with Montesquieu and proceeding to a wide range of authors from the French Revolution to the present. The book is distinctive in encompassing the wide spectrum of views historically encompassed by liberalism, revealing its (...) geographical as well as intellectual scope by including conceptions of liberalism formed in Latin America, the Middle East and Asia. Twenty-four chapters cover thinkers including Madame de Stael, Alexis de Tocqueville, Abraham Lincoln, John Stuart Mill Ahmad Faris al-Shidyaq, John Dewey, Hu Shih, Hannah Arendt and John Rawls. Each chapter offers a commentary on a short critical passage from the author concerned. Essayists use their chosen passage to explore the meaning and significance of the author's work for both the historical tradition of liberalism and for political thought more generally. The book is organized chronologically, building up a richly detailed overview of the tradition of liberalism and its key writings. The book will be an indispensible companion to courses on liberal thought, on political ideologies and on the history of political thought and will be of interest to students and scholars of politics, philosophy and history. (shrink)

A new history of liberalism which argues that liberalism has been predicated on definite morality and should be viewed as an attempt to encompass both fear and hope. Liberalism, argues Alan Kahan, is the search for a society in which people need not be afraid. Freedom from fear is the most basic freedom. If we are afraid, we are not free. These insights, found in Montesquieu and Judith Shklar, are the foundation of liberalism. What liberals fear has changed over (...) time (revolution, reaction, totalitarianism, religious fanaticism, poverty, and now populism) but the great majority of liberal thinkers have relied on three pillars to ward off their fears and to limit the concentrated power that causes fear: freedom, markets, and morals, or, to put it another way, politics, economics, and religion or morality. Most liberal thinkers emphasize one or two pillars more than another, but it is typical of liberalism down to the Second World War to rely on all three, although there were always minority voices who preferred to stand on only one leg. After WWII, "thin" procedural/market liberals, who wanted to strip any moral or religious basis or purpose from liberalism, dominated "thick" liberal moralists, who thought liberalism needed a moral basis and/or goal. It is the political contention of this book that liberalism is most convincing as program, language, and social analysis when it relies on all three pillars, and that the relative weakness of liberalism at the end of the twentieth century had much to do with neglect of the moral pillar of liberalism. Its historical contention is that for much of the past two centuries it did rely on all three pillars. But Kahan also argues that liberalism is not only a party of fear. It is also a party of hope, or the party of progress. Many of the contradictions typical of liberalism derive from the seemingly contradictory effort to encompass both hope and fear. If in case of conflict fear often trumps hope for liberals (loss aversion applies in politics as much as in economics), and utopia is subject to indefinite postponement, progress in personal autonomy and development has always been at the heart of liberalism. Liberals typically support their hopes on the same three pillars of freedom, markets, and morals which they use to ward off their fears. Nevertheless, in one respect those historians and political theorists who identify liberalism with laissez-faire economics are not wrong. It is characteristic of liberalism then that it bases its hopes not on the state but on civil society, which for liberals is the common source of a free politics, a free market, and of morals. Alan S. Kahan is Professor of History at the Université de Versailles. His previous books include Tocqueville, Democracy, and Religion: Checks and Balances for Democratic Souls (Oxford 2015), Alexis de Tocqueville (Continuum Books) and Mind vs Money: The War Between Intellectuals and Capitalism (Transaction Publishing, 2010). (shrink)

Part 1. Plan of This Commentary -- From an Epigram by Filangieri against Improvement in the Art of War -- On Encouragements for Agriculture -- On the Conversion of Rulers to Peace -- On the Salutary Revolution Which Filangieri Foresaw -- On the Union of Politics and Legislation -- On the Influence Which Filangieri Attributes to Legislation -- On the State of Nature, the Formation of Society, and the True Goal of Human Associations -- On Errors in Legislation -- Some (...) Remarks by Filangieri on the Decline of Spain -- On Filangieri's Observations about France -- On the Decline Filangieri Predicted for England -- Part 2. Object of this Second Part -- On the Black Slave Trade -- On Population -- Continuation of the Same Subject -- On Malthus's System Relating to Population -- Some Writers Who Have Exaggerated M. Malthus's System -- On a Contradiction by Filangieri -- On the Division of Properties -- On the Grain Trade -- On Agriculture as a Source of Wealth -- On the Protection Given Industry -- A New Proof of Filangieri's Fundamental Mistake -- On Guilds and Masters -- On Privileges for Industry -- On Taxation -- Part 3. On Criminal Prosecution Confided Exclusively to a Magistrate -- On Secret Indictments -- On Denunciation -- New Thoughts on the Idea of Giving Each Citizen the Right to Prosecute -- New Thoughts on the Idea of Giving Each Citizen the Right to Prosecute -- On the Right to Prosecute Given to Servants, When It Is a Question of Crimes against Society -- That the Prosecuting Magistrate Should Be Responsible, If Not for the Truth, at Least for the Legitimacy of the Accusation -- On Prisons -- On the Shortening of Legal Procedures -- On Defense Witnesses -- On Judgment by Juries -- On the Death Penalty -- On Convict Labor -- On Deportation -- Part 4. On Education -- On Religion -- Of the Growth of Polytheism -- On the Priesthood -- On the Mysteries -- Conclusion. (shrink)

A ground-breaking study of the views of the greatest theorist of democracy writing about one of our most pressing issues. Alan S. Kahan, a leading Tocqueville scholar, shows how Tocqueville's analysis of religion is simultaneously deeply rooted in his thoughts on nineteenth-century France and America and pertinent to us today.

According to the ethical system of eudaimonism, a philosophy that predates Aristotle, individuals have a responsibility to recognize and live in accordance with their daimon or "true self." The daimon refers to the potentialities of each person, the realization of which represents the greatest fulfillment in living of which each is capable. The daimon is an ideal in the sense of being an excellence, a perfection toward which one strives and, hence, it can give meaning and direction to one's life. (...) Eudaimonia, then, is activity in accordance with one's daimon. This is what is considered worth having in life. Since Aristotle in the Nicomachean Ethics is concerned with the proper ends of human functioning, he rejects the view of eudaimonia as a subjective state equivalent to, or similar to, hedonic enjoyment. But if psychologists are to be able to make productive use of the Aristotle's conception of eudaimonia, it must be rendered in a form more congenial to the field. In pursuing this goal, I have found it necessary to take several significant departures from the Aristotelian perspective, while I have endeavored to remain true to Aristotle's ethical objectives. The most important of these departures is to consider eudaimonia to have a subjective component embodying the experiences that flow from efforts to live in truth to one's daimon by striving to develop one's aptitudes and talents for purposes deemed worth having in life. 2012 APA, all rights reserved). (shrink)

ABSTRACT Both Constant and Spencer are moralists who want to encourage individual human perfection. But for Constant, politics has moral value even in a laissez-faire state, whereas for Spencer political participation has no moral value in itself. For Constant, from a moral perspective the historical change from an ancient to a modern conception of liberty is not absolute, and he wishes to retain, in a subordinate role, certain aspects of ancient liberty in modern societies. For Spencer, the historical evolution from (...) militant to industrial society involves the complete separation of politics from any positive moral good. In an industrial society, altruism has no connection with politics, and attempt to bring altruism into politics are not only doomed to failure but iare unjust and therefore immoral. Spencer is a leading figure in the separation of classical liberal thought from perfectionist morality that flourishes in the twentieth century. The separation between classical and modern liberalism that takes place in the fin de siècle is not just a matter of economics – as is shown by the fact that both Spencer and Constant are ardent apostles of laissez-faire – it is above all a question of different attitudes to morality. (shrink)

Psychological and philosophical perspectives are employed in an exploration of the reasons particular individuals experience an activity as personally expressive while others may find the same activity neutral or even aversive. The relationships between personal expressiveness and intrinsic motivation, flow, and self-actualization are considered. The construct of personal expressiveness is shown to have its roots in eudaimonistic philosophy. Living in a manner consistent with one's daimon or "true self" gives rise to a cognitive-affective state labeled "eudaimonia" that is distinguishable from (...) hedonic enjoyment. A personally expressive personality pattern is described integrating concepts from diverse theories including a sense of personal identity, self-actualization, an internal locus of control, and principled moral reasoning. A series of empirical investigations is proposed to test the theoretical concepts of personal expressiveness advanced. (shrink)

Mammalian cells frequently depend on homologous recombination (HR) to repair DNA damage accurately and to help rescue stalled or collapsed replication forks. The essence of HR is an exchange of nucleotides between identical or nearly identical sequences. Although HR fulfills important biological roles, recombination between inappropriate sequence partners can lead to translocations or other deleterious rearrangements and such events must be avoided. For example, the recombination machinery must follow stringent rules to preclude recombination between the many repetitive elements in a (...) mammalian genome that share significant but imperfect homology. This paper takes a conceptual approach in addressing the homology requirements for recombination in mammalian genomes as well as the general strategy used by cells to reject recombination between similar but imperfectly matched sequences. A mechanism of heteroduplex rejection that involves the unwinding of recombination intermediates that may form between mismatched sequences is discussed. BioEssays 30:1163–1171, 2008. © 2008 Wiley Periodicals, Inc. (shrink)

We introduce a notion of complexity for interpretations, which is used to prove some new results about interpretations of sequential theories. In particular, we give a new, elementary proof of Pudlák's theorem that sequential theories are connected. We also demonstrate a counterexample to the infinitary distributive law $a \vee \bigwedge_{i \in I} b_i = \bigwedge_{i \in I} (a \vee b_i)$ in the lattice of chapters, in which the chapters a and b i are compact. (Counterexamples in which a is not (...) compact have been found previously.). (shrink)