In this article, I reconstruct Hannah Arendt's theory of judgment around a number of key themes. After having distinguished two models of judgment, one based on the standpoint of the actor, the other on the standpoint of the spectator, I go on to examine their most distinctive features, in particular, the link between judgment, the imagination, and the ability to think 'representatively'. I also examine the philosophical sources of Arendt's theory of judgment, namely, Kant's theory of aesthetic judgment and its (...) criteria of validity. (shrink)

In this paper, the author contends that Leader's attempt to ground the value of toleration on a common understanding of democracy faces a number of fundamental obstacles. Such obstacles could only be overcome if both liberals and their opponents were to reach an agreement on the value of democracy and thereby converge in their support of toleration. The author shows that far from providing a common ground that liberals and their opponents can share, the so‐called “shareable understanding” of democracy appeals (...) primarily to liberals. The author also argues that Garzón Valdés's thesis that democracy is the system best suited to the flourishing of toleration faces the same kind of difficulty, namely, that not every group in a liberal constitutional regime can be convinced of the priority of democratic principles over their other fundamental value‐commitments. (shrink)

First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

"Modernity versus Postmodernity," Jü rgen Habermas. Critical Rejoinders: Fred Dallmayr. Christopher Norris. David C. Hoy. James Schmidt. Joel Whitebook. ThematicReformulations: James Bohman. Diana Coole. Jay M. Bernstein. David Ingram.

In recent years, a number of prominent thinkers have argued that democratic arrangements tend to favour the flourishing of toleration among groups with radically different comprehensive worldviews. This article examines one of the most insightful arguments, advanced by Sheldon Leader, for grounding the practice of toleration on the value of democracy. It shows that Leader's attempt to ground the practice of toleration on a common understanding of democracy faces a number of fundamental obstacles. Such obstacles could only be overcome if (...) both liberals and their opponents were to reach an agreement on the value of democracy and thereby converge in their support for toleration. It argues that, far from providing a common ground that liberals and their opponents can share, the so?called ?shareable understanding? of democracy appeals primarily to liberals. (shrink)

The public and private distinction is essential to our moral and political vocabularies as it continues to structure our social and legal practices. Public and Private provides a multidisciplinary perspective on this distinction which has been at the centre of controversial debate in recent years. The focus of the debate has been on delineating acceptable boundaries between public and private in economic, social and cultural spheres. What is the nature and scope of citizenship? What are the implications of new reproductive (...) technologies? And what is the fate of state sovereignty in a globalised world economy? At first glance these questions may appear unrelated, yet they all raise underlying and serious concerns regarding the scope and proper boundaries between the public and the private. Public and Private will stimulate the current debate with its original approach and provide a valuable resource for all those interested in the role the public and private play in structuring our societies. (shrink)

The public and private distinction is essential to our moral and political vocabularies as it continues to structure our social and legal practices. _Public and Private_ provides a multidisciplinary perspective on this distinction which has been at the centre of controversial debate in recent years. The focus of the debate has been on delineating acceptable boundaries between public and private in economic, social and cultural spheres. What is the nature and scope of citizenship? What are the implications of new reproductive (...) technologies? And what is the fate of state sovereignty in a globalised world economy? At first glance these questions may appear unrelated, yet they all raise underlying and serious concerns regarding the scope and proper boundaries between the public and the private. _Public and Private_ will stimulate the current debate with its original approach and provide a valuable resource for all those interested in the role the public and private play in structuring our societies. (shrink)

Hannah Arendt is recognized as one of the most creative and original thinkers of the twentieth century. This study provides an original reconstruction of Arendt's political philosophy, and is the first to systematically evaluate the four major concepts underlying her work--modernity, action, judgment, and citizenship. Taking each concept in turn, The Political Philosophy of Hannah Arendt examines the integrity of Arendt's argument, providing a philosophical account of her theory of participatory democracy based on freedom, plurality, and solidarity. Beginning from the (...) interpretation of these concepts in her work, d'Entreves assesses Arendt's importance to contemporary debates on the nature and scope of democratic citizenship, and explores the conditions necessary for an active and democratic political culture to flourish. D'Entreves draws out the tensions and ambiguities in Ardendt's work, arguing that Arendt's conception of active citizenship and communication provides the best starting point for the exercise of political agency. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings (...) show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

This collection of ten essays offers the first systematic assessment of Jü rgen Habermas's "Philosophical Discourse of Modernity," a book that defended the rational potential of the modern age against the depiction of modernity as a spent epoch. The essays (of which four are newly commissioned, five were published in the journal "Praxis International," and one -- by Habermas -- first appeared in translation in "New Critique" ) are divided into two sections: "Critical Rejoinders" and "Thematic Reformulations." An opening essay (...) by d'Entrè ves sets out the main issues and orients the debate between Habermas and the postmodernists by identifying two different senses of responsibility: a responsibility to act versus a responsibility to otherness (an openness to difference, dissonance, and ambiguity). These are linked with two alternative understandings of the primary function of language: action-orienting versus world-disclosing. This is a fruitful way of looking at the issues that Habermas has raised in his attempt to resurrect and complete the project of Enlightenment. Habermas's essay discusses the main themes of his book in the context of a critical engagement with neoconservative cultural and political trends. The main body of essays offer an interesting collection of points of view, for and against Habermas's position by philosophers, social scientists, intellectual historians, and literary critics. SECTIONS &; CONTRIBUTORS: "Introduction," Maurizio Passerin d'Entrè ves. "Modernity versus Postmodernity," Jü rgen Habermas. Critical Rejoinders: Fred Dallmayr. Christopher Norris. David C. Hoy. James Schmidt. Joel Whitebook. ThematicReformulations: James Bohman. Diana Coole. Jay M. Bernstein. David Ingram. (shrink)

This collection provides a fresh and wide-ranging assessment on the changing nature of the public-private debate. For the first time, eight essays by scholars provide insight into this issue from a number of disciplinary perspectives. The focus of recent debates on this topic has been the delineation of acceptable boundaries between the public and the private in the economic, social and cultural spheres of modern societies. Tough questions are raised pertaining to the nature and scope of citizenship, privacy rights, the (...) implications of new reproductive technologies, and the fate of state sovereignty in the context of a globalized world economy. All of these issues discussed in this book bring serious concerns about the distinction between public and private to light. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation (...) hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."¿Mitchell Muncy, The University Bookman. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings (...) show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

The phrase, ‘political obligation’, is far more popular in English than in other European languages. Whether this may be due to historical circumstances, or to a peculiar bent of the English mind, is a fascinating question; but it is not the one which I propose to discuss here today. I am mentioning it only to explain the choice of my subject, a subject which would probably sound rather uncommon to an Italian audience, but which, I am sure, has a familiar (...) ring to English ears. My subject, I would like to emphasise, is the nature of political obligation; my approach will be analytical rather than historical; and indeed, let me say at once that this lecture is a kind of examen de conscience in which I am myself involved, since I feel personally responsible for having introduced the phrase into my own native language, and for having used it during a life-time as if its meaning were self-evident, without ever raising the questions which I want to raise today. (shrink)

RESUMO O artigo examina a função da noção de obrigação política no pensamento do filósofo italiano da política e do direito Alessandro Passerin d’Entrèves (1902-1985), especialmente em sua relação com o regime democrático e as formas de resistência por parte dos cidadãos. Pela análise dos principais argumentos do autor a esse respeito, o artigo procura demonstrar a flexibilidade do conceito de Estado do autor e a importância da filosofia enquanto ponto de intersecção entre a moral e o direito, constituindo-se (...) como instrumento de abordagem fenomenológica das formas de associação humana. (shrink)

This essay examines Foucault's stance towards the Enlightenment as formulated in three works he published in the last decade of his life. These works represent a partial modification of Foucault's attitude to the Enlightenment, rather than the dramatic shift claimed by some commentators. In order to substantiate this claim, the essay provides a reconstruction and critical assessment of three articles Foucault devoted to Kant and the Enlightenment, namely, ‘Qu'est-ce que la critique?’ , ‘Kant on Enlightenment and Revolution’ , and ‘What (...) is Enlightenment?’ . It argues that Foucault's reformulation of Enlightenment ideals in terms of an ethos of transgression and an aesthetic of self-fashioning is much closer to Nietzsche's vision of a transvaluation of values than to Kant's notion of maturity and responsibility. (shrink)

We all know of course more or less what the answer of the historian would be if we turned to him alone for enlightenment. He would, to be sure, begin by pointing out that throughout Western history the two notions of legality and legitimacy have played an important part in political thought, providing as it were two of its most solid pillars. Without reaching as far back as the Greeks, the historian would probably recall to our attention the distinction, current (...) in Medieval and Renaissance thought, between the two criteria for establishing the rightfulness of political power. Power, in order to be "just," must be both legitimate and law-abiding. Accordingly, the unjust ruler or tyrant may be defined ex parte exercitii as well as ex defectu tituli. His rule can be unjust for the manner in which it is exercised, if he does not keep within the bounds of legality. But it can also be unjust, and is inevitably so, if it lacks that proper "title" which confers legitimacy upon it. The quest for that title, namely for the ultimate foundation of authority, has long been the main concern of political theory. Some among us are old enough to remember the time when dynastic legitimacy was still an accepted doctrine in Europe. In our day, legitimacy is rarely invoked, and does not seem to be any longer an intelligible political principle. Yet there is still one European statesman who does not hesitate to use it as a prop for his political doctrine, if he has any. Shortly after his accession to power, President de Gaulle made the startling claim that "for twenty years" he had been "the incarnation of national legitimacy." Some of his recent actions seem clearly to evince the view which he once candidly expounded to an American visitor: that "legitimacy does not depend on legality, and legality is not necessarily a proof of legitimacy.". (shrink)