This paper suggests that by illustrating the importance of the concept of representation to his thought, the better known theories of the state and the constitution to be found in Schmitt's work are more easily comprehensible. Furthermore, the paper argues that Schmitt's thoughts on these subjects develop from an early and "personalist" account of representation, towards a more mainstream constitutional theory, through an interpretation of the writings of the Abbé Sieyes in particular.

Adam Smith’s work on moral sentiments is part of his much wider project of a science of man. And his most developed account of sympathy and sociability, provided in The Theory of Moral Sentiments, actually provides the central foundation for his wider, theoretical, or conjectural histories of law, language, government, and political economy. Indeed, his collected writings construct a space for thinking not only about the conjectural history of law, government, and society more precisely in terms of the mechanism of (...) sympathy and propriety. They also focus on the relationship between passions, actions, and political judgements. Smith’s theory of human and commercial sociability and sympathy nevertheless has various limits, and these can be understood in moral and political, commercial and historical, as well as providential and jurisprudential terms. My discussion here is an attempt to show how these limits interweave and interconnect across the body of Smith’s work. (shrink)

The State of the Political challenges traditional interpretations of the political thought of Max Weber, Carl Schmitt, and Franz Neumann. Focusing on their adaptation of a German tradition of state-legal theory, the book offers a scholarly, contextualized account of the interrelationship between their political thought and practical political criticism. Dr Kelly criticizes the typical separation of these writers, and offers a substantial reinterpretation of modern German political thought in a period of profound transition, in particular the relationship between political (...) theory and conceptual change. Alongside its focus on German political and juridical thought, the book contributes significantly to the history of European ideas, discussing parliamentarism and democracy, academic freedom and cultural criticism, political economy, patriotism, sovereignty and rationality, and the inter-relationships between law, the constitution and political representation. (shrink)

Robert Michels is best known as the author of a classic work of political sociology, Political Parties. However, not only are his voluminous other writings typically sidelined in most commentary, but his quite substantial writings on the subject of patriotism have been the subject of almost total neglect. This paper examines these writings and suggests that Michels's analyses of patriotism can indeed best be interpreted within the context of his general intellectual trajectory from socialist to ‘elite theorist’. However, one important (...) consequence of illustrating Michels's account of the history, theory and sociology of patriotic thought in particular is that the picture of the transition in his writings towards elite theory appears to be rather more complex than is normally appreciated. A corollary of this is that the descriptive tag of ‘elite theorist’ actually obscures important aspects of Michels's position in the history of European ideas. (shrink)

In January 1867 T.H. Green gave a series of Four Lectures on the English Commonwealth to the Edinburgh Philosophical Institute, which were then published, on the testimony of 'competent judges', in the third volume of his Collected Works edited by R.L. Nettleship. Green's family background ensured that he had strong interests in the history of Puritanism and the figure of Oliver Cromwell, and he was thoroughly immersed in many of the political and religious controversies of the later quarter of the (...) nineteenth century. Nevertheless, his assessment of the English Commonwealth as a fruit of the Reformation, rather than as a discrete transformation in political culture, has received relatively little attention in the massive literature devoted to Green's political philosophy. This essay assesses these lectures in order to show their importance for understanding in particular his analysis of freedom. It argues that without an understanding of his account of the origins of modern legal freedom born out of the English Revolution, analyses of Green's theory of freedom remain partial and incomplete. It does so by illustrating in detail the content of the lectures, the intellectual and historical debates in English philosophy and German theology that buttressed his arguments, by locating Green's Lectures within wider accounts of the character of English exceptionalism, and by attempting to examine the political context that helped to structure Green's analysis. (shrink)

This collection of essays provides a unique statement of the latest thinking from internationally acclaimed political theorists and intellectual historians on the ways in which the intellectual history and political thought of modern Britain have been saturated with imperial concerns.

The State of the Political offers a broad-ranging re-interpretation of the understanding of politics and the state in the writings of three major German thinkers, Max Weber, Carl Schmitt, and Franz Neumann. It rejects the typical separation of these writers on the basis of their allegedly incompatible ideological positions, and suggests instead that once properly located in their historical context, the tendentious character of these interpretative boundaries becomes clear.The book interprets the conceptions of politics and the state in the writings (...) of these three thinkers by means of an investigation of their adaptation and modification of particular German traditions of thinking about the state, or Staatsrechtslehre. Indeed, when the theoretical considerations of this state-legal theory are combined with their contemporary political criticism, a richer and more deeply textured account of the issues that engaged the attention of Weber, Schmitt and Neumann is possible. Thus, the broad range of subjects discussed in this book include parliamentarism and democracy in Germany, academic freedom and political economy, political representation, cultural criticism and patriotism, and the relationship between rationality, law, sovereignty and the constitution.The State of the Political is based on extensive consideration of primary and secondary materials, and is held together by a general focus on the importance to these authors of distilling an adequate account of the state and the political - largely because this could bolster their subsequent criticisms of contemporary politics. The study attempts to restore a sense of proportion to discussion of their writings, focusing on the extensive ideas that they shared rather than insisting on their necessary ideological separation. It is a detailed re-appraisal of a crucial moment in modern intellectual history, and highlights the profound importance of Max Weber, Carl Schmitt and Franz Neumann for the history of European ideas. (shrink)

Knowledge closure is, roughly, the following claim: For every agent S and propositions P and Q, if S knows P, knows that P implies Q, and believes Q because it is so implied, then S knows Q. Almost every epistemologist believes that closure is true. Indeed, they often believe that it so obviously true that any theory implying its denial is thereby refuted. Some prominent epistemologists have nevertheless denied it, most famously Fred Dretske and Robert Nozick. There are closure advocates (...) who see other virtues in those accounts, however, and so who introduce revisions of one sort or another in order to preserve closure while maintaining their spirit. One popular approach is to replace the “sensitivity” constraint at the heart of both of those accounts with a “safety” constraint, as advocated by Timothy Williamson, Duncan Pritchard, Ernest Sosa, Stephen Luper, and others. The purpose of this essay is to show that this approach does not succeed: safety does not save closure. And neither does a popular variation on the safety theme, the safe-basis or safe-indicator account. (shrink)

In this article I return to an argument that I presented in earlier work to the effect that virtue epistemology is at worse false and at best unmotivated. In the light of recent responses to this argument from such figures as John Greco, Guy Axtell, and Kelly Becker, I here re-state and re-evaluate this argument. In the process the original argument is refined and supplemented in key respects and some of the main charges against it are shown to be (...) unfounded. Nevertheless, I also argue that at least one of the objections to the original argument—due to Becker—may well be on the right lines, and I draw some conclusions in this regard. (shrink)

: Duncan Pritchard has recently highlighted the problem of veritic epistemic luck and claimed that a safety‐based account of knowledge succeeds in eliminating veritic luck where virtue‐based accounts and process reliabilism fail. He then claims that if one accepts a safety‐based account, there is no longer a motivation for retaining a commitment to reliabilism. In this article, I delineate several distinct safety principles, and I argue that those that eliminate veritic luck do so only if at least implicitly committed (...) to reliabilism. (shrink)

Looking back on it, it seems almost incredible that so many equally educated, equally sincere compatriots and contemporaries, all drawing from the same limited stock of evidence, should have reached so many totally different conclusions---and always with complete certainty.

Thomas Hobbes often includes powers and abilities in his descriptions of the world. Meanwhile, Hobbes’s philosophical picture of the world appears quite reductive, and he seems sometimes to say that nothing exists but bodies in motion. In more extreme versions of such a picture, there would be no room for powers. Hobbes is not an eliminativist about powers, but his view does tend toward ontological minimalism. It would be good to have an account of what Hobbes thinks powers are, and (...) how they fit into his understanding of the world. In this chapter, I investigate Hobbes’s account of the metaphysics of powers and abilities. Section 1 considers three important aspects of Hobbes’s account of powers: the connection between powers and causes; the modal aspects of powers; and the connection between powers and motions. Sections 2 and 3 then consider interpretive arguments about whether Hobbes identifies powers with underlying corporeal features. (shrink)

Suppose that one is at least a minimal realist about a given domain, in that one thinks that that domain contains truths that are not in any interesting sense of our own making. Given such an understanding, what can be said for and against the method of reflective equilibrium as a procedure for investigating the domain? One fact that lends this question some interest is that many philosophers do combine commitments to minimal realism and a reflective equilibrium methodology. Here, for (...) example, is David Lewis on philosophy: Our “intuitions” are simply opinions: our philosophical theories are the same. Some are commonsensical, some are sophisticated; some are particular; some general; some are more firmly held, some less. But they are all opinions, and a reasonable goal for a philosopher is to bring them into equilibrium. Our common task it to find out what equilibria there are that can withstand examination, but it remains for each of us to come to rest at one or another of them… Once the menu of well-worked out theories is before us, philosophy is a matter of opinion. Is that to say that there is no truth to be had? Or that the truth is of our own making, and different ones of us can make it differently? Not at all! If you say flatly that there is no god, and I say that there are countless gods but none of them are our worldmates, then it may be that neither of us is making any mistake of method. We may each be bringing our opinions to equilibrium in the most careful possible way, taking account of all the arguments, distinctions, and counterexamples. But one of us, at least, is making a mistake of fact. Which one is wrong depends on what there is (1983: x-xi). In addition to philosophy in general, the method of reflective equilibrium has also been endorsed as the appropriate procedure for investigating various other subject.. (shrink)

From an early age, humans exhibit a tendency to identify, adopt, and enforce the norms of their local communities. Norms are the social rules that mark out what is appropriate, allowed, required, or forbidden in different situations for various community members. These rules are informal in the sense that although they are sometimes represented in formal laws, such as the rule governing which side of the road to drive on, they need not be explicitly codified to effectively influence behavior. There (...) are rules that forbid theft or the breaking of promises, but also rules which govern how close it is appropriate to stand to someone while talking to them, or how loud one should talk during the conversation. Thus understood, norms regulate a wide range of activity. They exhibit cultural variability in their prescriptions and proscriptions, but the presence of norms in general appears to be culturally universal. Some norms exhibit characteristics that are often associated with morality, such as a rule that applies to everyone and prohibits causing unnecessary harm. Others norms apply only to certain people, such as those that delimit appropriate clothing for members of different genders, or those concerning the expectations and responsibilities ascribed to individuals who occupy positions of leadership. The norms that prevail in a community can be more or less fair, reasonable, or impartial, and can be subject to critique and change. This entry provides an overview of interdisciplinary research into the psychological capacity for norm-guided cognition, motivation, and behavior. The notions of a norm and normativity occur in an enormous range of research that spans the humanities and behavioral sciences. Researchers primarily concerned with the psychology distinctive of norm-governed behavior take what can be called “cognitive-evolutionary” approaches to their subject matter. These approaches, common in the cognitive sciences, draw on a variety of resources and evidence to investigate different psychological capacities. This entry describes how these have been used to construct accounts of those cognitive and motivational features of minds that underpin the capacity to acquire, conform to, and enforce norms. It also describes how theories of the selective pressures and adaptive challenges prominent in recent human evolution have helped to inform and constrain theorizing about this psychological capacity, as well as how its features can influence the transmission and cultural evolution of norms. By way of organization, the entry starts with basics and proceeds to add subsequent layers of intricacy and detail. Researchers taking cognitive-evolutionary approaches to norms come from a wide range of disciplines, and have formulated, explored, and debated positions on a large number of different issues. In order to present a comprehensible overview of these interconnected literatures, the entry starts by laying out main contours and central tenets, the key landmarks in the conceptual space common to different theories and claims. It goes on to provide a more detailed description of the kinds of theoretical resources that researchers have employed, and identifies important dimensions along which more specific accounts of the psychology of norms have varied. It then canvasses different sources of empirical evidence that have begun to illuminate other philosophically interesting features of the capacity for norms. Finally, it ends with a discussion of the relationship between norm cognition and morality, with a few illustrations drawn from recent debates in moral theory. (shrink)

Experiences of embodied remembering are familiar and diverse. We settle bodily into familiar chairs or find our way easily round familiar rooms. We inhabit our own kitchens or cars or workspaces effectively and comfortably, and feel disrupted when our habitual and accustomed objects or technologies change or break or are not available. Hearing a particular song can viscerally bring back either one conversation long ago, or just the urge to dance. Some people explicitly use their bodies to record, store, or (...) cue memories. Others can move skilfully, without stopping to think, in complex and changing environments thanks to the cumulative expertise accrued in their history of fighting fires, or dancing, or playing hockey. The forms of memory involved in these cases may be distinct, operating at different timescales and levels, and by way of different mechanisms and media, but they often cooperate in the many contexts of our practices of remembering. (shrink)

This advanced textbook, now in its second edition, provides an accessible overview of some of the main issues in contemporary epistemology. Written by an expert in the field, it covers such key topics as virtue epistemology, anti-luck epistemology, epistemological disjunctivism, epistemic value, understanding, radical scepticism, and contextualism. This book is ideal as a set text for an advanced undergraduate or postgraduate course in epistemology, and will also be of general interest to researchers in philosophy.

The Making of British Bioethics provides the first in-depth study of how philosophers, lawyers and other 'outsiders' came to play a major role in discussing and helping to regulate issues that used to be left to doctors and scientists. It details how British bioethics emerged thanks to a dynamic interplay between sociopolitical concerns and the aims of specific professional groups and individuals who helped create the demand for outside involvement and transformed themselves into influential 'ethics experts'. Highlighting this interplay helps (...) us appreciate how issues such as embryo research and assisted dying became high-profile 'bioethical' concerns in the late twentieth century, and why different groups now play a critical role in developing regulatory standards and leading public debates. The book draws on a wide range of original sources and will be of interest to historians of medicine and science, general historians and bioethicists. (shrink)

Donald Davidson famously argued, contra radical skepticism, that belief is in its nature veridical. In assessing whether Davidson was successful in this regard, it is first necessary to establish the exact philosophical basis Davidson was adducing for this claim, which is far from clear. In particular, a lot of the critical focus on Davidson's approach to radical skepticism has tended to focus on his appeal to an omniscient interpreter, and yet a closer evaluation of Davidson's antiskepticism reveals that this notion (...) is almost certainly dialectically inessential. Following some introductory remarks, in Section 2, I outline how the project of radical interpretation, and the associated principle of charity, are key parts of the philosophical background to Davidson's argument against radical skepticism. In Section 3, I critically evaluate Davidson's appeal to an omniscient interpreter. In Section 4, I demonstrate the role that Davidson's specific brand of content externalism plays in his antiskepticism, in particular in virtue of his notion of triangulation. Finally, in Section 5 I consider, and defend, an interpretation of Davidson's view that treats it as a kind of transcendental argument against skepticism. (shrink)

In this paper we compare two theories about the cognitive architecture underlying morality. One theory, proposed by Sripada and Stich (forthcoming), posits an interlocking set of innate mechanisms that internalize moral norms from the surrounding community and generate intrinsic motivation to comply with these norms and to punish violators. The other theory, which we call the M/C model was suggested by the widely discussed and influential work of Elliott Turiel, Larry Nucci and others on the “moral/conventional task”. This theory posits (...) two distinct mental domains, the moral and the conventional, each of which gives rise to a characteristic suite of judgments about rules in that domain and about transgressions of those rules. We give an overview of both theories and of the data each was designed to explain. We go on to consider a growing body of evidence that suggests the M/C model is mistaken. That same evidence, however, is consistent with the Sripada and Stich theory. Thus, we conclude that the M/C model does not pose a serious challenge for the Sripada and Stich theory. (shrink)

Disproof of heaven? -- Brain and gods -- The rational stance -- Reason and belief in God -- Against naturalism -- Atheism, inference, and IQ -- Atheism, autism, and intellectual humility -- Googling God -- Inference, intuition, and rationality.

Language was central to Hobbes's understanding of human beings and their mental abilities, and criticism of other philosophers' uses of language became a favorite critical tool for him. This paper connects Hobbes's theories about language to his criticisms of others' language, examining Hobbes's theories of propositions and truth, and how they relate to his claims that various sorts of proposition are absurd. It considers whether Hobbes in fact means anything more by 'absurd' than 'false'. And it pays particular attention to (...) Hobbes's categorization of causes of absurdity and of types of incoherent proposition, arguing that Hobbes's approach is only loosely related to later discussions of category mistakes. (shrink)

Fumerton’s distinctive brand of metaepistemological scepticism is compared and contrasted with the related position outlined by Stroud. It is argued that there are at least three interesting points of contact between Fumerton and Stroud’s metaepistemology. The first point of contact is that both Fumerton and Stroud think that (1) externalist theories of justification permit a kind of non-inferential, perceptual justification for our beliefs about non-psychological reality, but it’s not sufficient for philosophical assurance. However, Fumerton claims, while Stroud denies, that (2) (...) direct acquaintance with facts is sufficient for philosophical assurance. And this is important because Stroud thinks that (3) we have direct perceptual access or acquaintance with facts about the external world, while Fumerton denies this. (shrink)

Affect Theory, Genre, and the Example of Tragedy employs Silvan Tomkins' Affect-Script theory of human psychology to explore the largely unacknowledged emotions of disgust and shame in tragedy. The book begins with an overview of Tomkins' relationship to both traditional psychoanalysis and theories of human motivation and emotion, before considering tragedy via case studies of Oedipus, Hamlet, and Death of a Salesman. Aligning Affect-Script theory with literary genre studies, this text explores what motivates fictional characters within the closed conditions of (...) their imagined worlds and how we as an audience relate to and understand fictional characters as motivated humans. (shrink)

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...) the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

The phenomena of call-outs and call-ins are fiercely debated. Are they mere instances of virtue signaling? Or can they actually perform social justice work? This paper gains purchase on these questions by focusing on how language users negotiate norms in speech. The authors contend that norm-enacting speech not only makes a norm salient in a context but also creates conversational conditions that motivate adherence to that norm. Recognizing this allows us to define call-outs and call-ins: the act of calling-out brings (...) with it the presupposition that its target's behavior is norm-violating, whereas the act of calling-in simply presupposes its target's willingness to revise their belief. With these definitions at hand, we evaluate whether call-outs and call-ins are suitable tools for combating social injustice. (shrink)

This chapter conceptually analyzes the post-traumatic stress injuries called moral injury, moral fatigue or exhaustion, and broken spirit. It then identifies two puzzles. First, soldiers sometimes sustain moral injury even from doing right actions. Second, they experience moral exhaustion from making decisions even where the morally right choice is so obvious that it shouldn’t be stressful to make it; and even where rightness of decision is so murky that no decision could be morally faulted. The injuries result of mistaken moral (...) self-evaluation. Methods of preventing and treating these injuries are defended, including training in self-forgiveness, moral off-loading of actions and decisions to persons and devices less likely to feel inappropriate guilt, and the use of drugs to prevent such guilt. The foregoing has been about moral injury erroneously resulting from the non-violation of a correct moral code. But the chapter then introduces the concept of moral pseudo-injury—felt moral injury that has in reality resulted from violation of a false moral code, so that no one has really been morally injured. This can be used as a method in warfighting. And since the injuries it produces are illusory, this would be morally superior to physical violence. For it causes less injury to its victims, and should cause less guilt in those who must inflict it. Historical precedents are considered. Finally, our enemies often use moral pseudo-injury against us, in the form of terrorist violence against civilians. Terrorism causes comparatively few harms, yet we mistakenly see it as more morally horrific than conventional combat that causes much worse loss of life among armed forces members. Here we need the nuancing and clarifying power of philosophy to restore a sense of proportion, thence to prevent or therapize the moral pseudo-injury we may experience from these sorts of attacks. (This is a pre-penultimate version of the published version, available from OUP at the external link, which contains minor variances. The paper was earlier known as "PTSD Weaponized: A Theory of Moral Injury"; that now superseded version is archived under "past conferences" on the Center for Ethics and the Rule of Law website.). (shrink)

My aim in this paper is to develop and defend a novel answer to a question that has recently generated a considerable amount of controversy. The question concerns the normative significance of peer disagreement. Suppose that you and I have been exposed to the same evidence and arguments that bear on some proposition: there is no relevant consideration which is available to you but not to me, or vice versa. For the sake of concreteness, we might picture.

This chapter discusses the fundamental question of the defense industry’s role and legitimacy for societies. It begins with a parable of a psychopath doing something self-serving that has beneficial moral consequences. Analogously, it is argued, the defense industry profiting by selling weapons that can kill people makes it useful in solving moral problems not solvable by people with ordinary moral scruples. Next, the chapter argues that while the defense industry is a business, it is also implicated in the security of (...) its home nations. In addition, its products can be used for good or evil. Thus, it must navigate conflicting values, with the result that the rules often thought to rightly regulate the industry—codes of business ethics, engineering ethics, procurement ethics, plus laws of the land, and dicta of conscience—need supplementing by general moral reflection. This chapter argues for a principle that tells how to decide when to violate the rules, for a theory of rational choice on which choosing by this principle is rational, and for teaching that theory to defense industry employees to ensure their ethical behavior. (shrink)

A certain conception of the relevance of virtue epistemology to the philosophy of education is set out. On this conception, while the epistemic goal of education might initially be promoting the pupil's cognitive success, it should ultimately move on to the development of the pupil's cognitive agency. A continuum of cognitive agency is described, on which it is ultimately cognitive achievement, and thus understanding, which is the epistemic goal of education. This is contrasted with a view on which knowledge is (...) the epistemic goal. (shrink)