In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to numerous (...) challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. She rejects the Sirens’ lure to make a sharp break from received traditions. Instead, she chooses to engage the natural law philosophy of the early Scholastic period from our contemporary perspective and its attendant problems. This provides helpful resources to deal with these contemporary dilemmas, but it also opens new possibilities for the development of natural law thinking. The resulting book, Ministers of the Law, is erudite, artfully presented, and provocative. In this article I view Professor Porter’s successful resuscitation of a plausible account of natural law through a particular lens. My thesis is that we can productively extend her work by more strongly acknowledging the hermeneutical and rhetorical nature of law. This may seem paradoxical, if not incoherent, in light of the common understanding that contemporary hermeneutical and rhetorical philosophy participates in the postmodern critique of rationality. Although many might assume that natural law is wholly at odds with hermeneutical philosophy and rhetorical theory, I argue that the case is just the opposite. Professor Porter acknowledges that rhetorical persuasion is at the center of the practices that gird the natural law tradition, but we should strengthen this acknowledgment to the point of embracing fully the theoretical commitments of contemporary hermeneutical and rhetorical theorists. My discussion is divided into three parts. First, I survey Professor Porter’s argument and establish that she regards hermeneutical and rhetorical practices as critical features of her natural law account. Next, I adumbrate a hermeneutical-rhetorical understanding of natural law that builds on my previous work. Finally, I explore how this account expands and deepens Professor Porter’s natural law account of legal authority. I conclude that we should recognize law’s hermeneutical and rhetorical nature, but that Porter has demonstrated the necessity of taking into account the Scholastics’ natural law philosophy as part of this project. (shrink)

Law is a specialized semiotic realm, but lawyers generally are ignorant of this fact. Lawyers may manage meaning, but they also are managed by meaning. Seemingly trapped by the weight of pre-existing signs, their attempts to manage these meanings generally are limited to technical interventions and instrumentalist strategies. Signs have power over lawyers because they are embedded in narratives, a semiotic economy that confronts the lawyer as “given” even though it is dynamic and constantly under construction. Most lawyers do not (...) make meaning through legal narratives; rather, they parrot bits of the controlling narratives in response to certain problems. Because clients often can achieve their objectives when their lawyers crudely manipulate the symbols of law, these endeavors pay very well. Well-paid lawyers tend not to ask too many questions. Consequently, semiotics is, at best, misunderstood by lawyers; more likely it is wholly unknown. A lawyer’s avowed instrumentalism is the very problem to be addressed in this regard. For the scope of discussion, I refer to Vico’s famous On the Study Methods of Our Time and draw my conclusion for the lawyer of our time. (shrink)

Ernst Mayr (1980) provided an influential picture of the nature of the Modern Evolutionary Synthesis and of the debate and changes occurring prior to its completion. Mayr intended his account to be applicable to comparable cases. Sociobiology should be evaluated both as a comparable case, an attempt to produce a synthesis which undergoes development of the sort Mayr described, and as an extension of the Modern Synthesis itself. Examination of what the explanatory goals and development of the New Sociobiological Synthesis (...) would be, if it is to achieve a fruitful synthesis which fits Mayr's account, undermines Richard Lewontin's critique of sociobiology. Although Lewontin speaks for many in viewing sociobiology as the latest historical manifestation of social Darwinism, genetic determinism, biological reductionism, and vulgar adaptationism, sociobiology's effort to produce a synthesis does not entail commitment to those positions. (shrink)

Abstractabstract:This article explores the relationship between rhetoric and violence by running this pairing through a corresponding couplet: rhetoric and race. Arguing for a common substrate between these two pairs of terms—coloniality—this article proposes that rhetorics of "nonviolence" are better understood as rhetorics of anti-violence.

In recent years, religious studies has undergone an ethnographic turn. More and more, scholars attend to the social location and significance of religious practice. This approach foregrounds the self-understandings of religious communities and practitioners and raises the question of the relation between ethnography and philosophical analysis. For instance, Saba Mahmood, in The Politics of Piety, draws from ethnographic study so as to critique philosophy’s universalizing claims regarding subjectivity, enabling a recognition of the diverse forms feminist subjectivity and political agency may (...) take within religious traditions and practice.2 Jeffrey Stout’s Blessed are the Organized likewise shifts the terrain of .. (shrink)

This symposium examines insurrectionist ethics, the brainchild of Leonard Harris. The position does not stem from one key source; it was born out of Harris’s philosophical interaction with various philosophers over an extended period, including thinkers as diverse as David Walker, Karl Marx, Edward Wilmot Blyden, Alain Locke, and Angela Davis. The driving questions are: What counts as justified protest? Do slaves have a moral duty to insurrect? What character traits and modes to resistance are most conducive to liberation and (...) the amelioration of oppressive material conditions? Insurrectionist ethics is meant to address such questions. This symposium attempts to locate insurrectionist ethics in the work .. (shrink)

The paper interprets Nietzsche’s description of authentic human person.Based on the works of Nietzsche, commentaries and philosophical interpretationsof various authors, authentic human person evolves into a superman by usingthe principles of discipline and mastery of oneself. His authenticity, however,requires persistence, courage and strength to endure many forms of sufferingsand to overcome alienation brought about by his environment. Otherwise,man would become slave of his desires or alien to his own powers, talents andcapacities. Thus, Nietzsche’s thought of superman is an invitation to (...) overcomeoneself, the self that is influenced by the non-self or factors outside one self. Itis only possible by using the will to power. The will to power of man overcomesthe influences of the world’s modernization and industrialization that alienateshim to his true self, and this true self is best expressed by his will to power. Onthis note, the author suggests that the readers must use their potentials to face up to challenges of this new era. Keywords: Philosophy, language and literature, emergence, authentic human person,philosophy of the superman, authenticity, alienation, morality, descriptivedesign, Philippines. (shrink)

Wilderness valued as mere resource for human?interest satisfaction is challenged in favor of wilderness as a productive source, in which humans have roots, but which also yields wild neighbors and aliens with intrinsic value. Wild value is storied achievement in an evolutionary ecosystem, with instrumental and intrinsic, organismic and systemic values intermeshed. Survival value is reconsidered in this light. Changing cultural appreciations of values in wilderness can transform and relativize our judgments about appropriate conduct there. A final valued element in (...) wildness is its idiographic historical particularity, and most surprising is the emergence of a novel morality when humans learn to let values go wild. (shrink)

This study examines the use of a video news release in a specific story. Press coverage and editorial criticism in the case showed that journalists do not articulate sufficiently how the news owners' sway, through institutional controls, can lead to a hegemony of expedient action in the newsroom. Critical self-reflection by news workers will better enable journalists to ethically deliberate news choices that balance their responsibilities to owners, peers, and the public.

Many Christians treat marriage as a covenant. An influential group of contemporary Christians argues that covenant marriage provides a response to what they regard as the social ills of high divorce rates and the ‘breakdown’ of the traditional family. These Christians often look to John Calvin's marriage theology for inspiration because he linked treating marriage as a covenant to regarding marriage as sacred and indissoluble. In this article I cast doubt on the wisdom of treating marriage as a covenant. I (...) develop a critical genealogy that shows Calvin's marriage theology oppressed women by reinforcing their subordination to men and trapping women in abusive marriages. I then argue that recent social science suggests covenant marriage functions similarly among contemporary Christians. I consider whether a non-oppressive form of covenant marriage can be developed, before suggesting that we cannot yet know whether covenant marriage is salvageable. (shrink)

Lawyers and the legal system have been much criticized in recent years. Despite popular perceptions, the legal system contains numerous mechanisms and rules designed to ensure fair results. This paper shows how the legal system tries to implement, in commercial transactions, the ethical principles of truthfulness and fairness. The Anglo-American development of Equity Courts is reviewed briefly. Several examples of the Law's enforcement of ethical principles are presented, in four different legal areas: Contracts, Securities, Goods, and Real Estate. The intent (...) here is to present an overview of the problem, with area-specific illustrations, rather than a comprehenisve examination of the cases in just one area. (shrink)

When Donna Rice, who was brought into the public limelight as a companion to ex-presidentiaI candidate Gary Hart, appeared at a university ethics seminar, her statement, and the subsequent coverage, raised three troubling questions for journalists: the nature of academic inquiry, journalistic practices, and the right of people to define themselves.

The American philosophical tradition is often portrayed as a genteel tradition that is committed to democracy and the incremental expansion of democracy through suasionist means. In an attempt to complicate this narrative, the author articulates the basic features of Leonard Harris’s insurrectionist ethics, then attempts to locate this insurrectionist ethics in the work of Henry D. Thoreau. It is argued that this insurrectionist ethos is a fecund addition to the American philosophical tradition and that insurrectionist character traits and modes of (...) comportment offer appealing resources to those faced with oppression and hegemony. (shrink)

A set of constraints forces trade-offs which prevent us from achieving the best possible definitions of the ‘level’ and ‘unit’ of natural selection. This set consists in decisions concerning conflicting pre-analytic intuitions in problematic cases, the relative roles of various conceptual resources in the definitions, which facts need to be accounted for using the definitions, how the relation between selection and evolution orients the definitions, and the relation between the level and unit concepts. Systematic reconstruction and evaluation of leading analyses (...) along these dimensions favors a new functional analysis over Williams’ consequentialist analysis, Sober’s causal analysis, and Dawkins’ teleological analysis. (shrink)

On the scale of decades and centuries, ongoingscience is reconfigured into human history that must be interpreted. So I concluded two decades back: "Progressively reforming and developing theories are erected over observations.... This leads at a larger scale to progressively reforming and developing narrative models.... The story is ever reforming" (pp. 338 — 39). I faced the future with hopes and fears about the escalating powers of science for good and evil, finding it simultaneously powerless for the meaningful guidance of (...) life, the classical province of religion. So now„having turned the millennium, what's new in the story? If I had to give a sound-bite answer (as we now must do with the media), my reply would be: increasing concern about human uniqueness and human respon-. (shrink)

Both science and ethics are embedded in cultural traditions where truths are shared through education; both need competent critics educated within such traditions. Education in both ought to be directed although moral education demands levels of responsible agency that science education does not. Evolutionary science often carries an implicit or explicit understanding of who and what humans are, one which may not be coherent with the implicit or explicit human self-understanding in moral education.

Few discussions of environmental conservation continue long without reaching the question "Why?", and the answers are seldom elaborated for long without reaching the question of values. What we wish to conserve depends on what we value. What we ought to conserve depends on what we ought to value. Environmental ethics is entwined with values carried by nature. What is of value there? How are values to be discovered and judged? That is a philosophical question.