Kant maintains that while claims to property are morally possible in a state of nature, such claims are merely “provisional”; they become “conclusive” only in a civil condition involving political institutions. Kant’s commentators find this thesis puzzling, since it seems to assert a natural right to property alongside a commitment to property’s conventionality. We resolve this apparent contradiction. Provisional right is not a special kind of right. Instead, it marks the imperfection of an action where public authorization is lacking. Provisional (...) right thereby functions as a methodological device in a sequential elucidation of the moral basis of public law. To develop this reading, we first explain Kant’s two-step account of property rights—his division between ‘having’ and ‘acquiring’. Then we explain what is involved in a sequential exposition of right more generally. (shrink)

During John Dewey's lifetime, one public opinion poll after another revealed that he was esteemed to be one of the ten most important thinkers in American history. His body of thought, conventionally identified by the shorthand word "Pragmatism," has been the distinctive American philosophy of the last fifty years. His work on education is famous worldwide and is still influential today, anticipating as it did the ascendance in contemporary American pedagogy of multiculturalism and independent thinking. His University of Chicago Laboratory (...) School thrives still and is a model for schools worldwide, especially in emerging democracies. But how was this lifetime of thought enmeshed in Dewey's emotional experience, in his joys and sorrows as son and brother, husband and father, and in his political activism and spirituality? Acclaimed biographer Jay Martin recaptures the unity of Dewey's life and work, tracing important themes through the philosopher's childhood years, family history, religious experience, and influential friendships. Based on original sources, notably the vast collection of unpublished papers in the Center for Dewey Studies, this book tells the full story, for the first time, of the life and times of the eminent American philosopher, pragmatist, education reformer, and man of letters. In particular, _The Education of John Dewey_ highlights the importance of the women in Dewey's life, especially his mother, wife, and daughters, but also others, including the reformer Jane Addams and the novelist Anzia Yezierska. A fitting tribute to a master thinker, Martin has rendered a tour de force portrait of a philosopher and social activist in full, seamlessly reintegrating Dewey's thought into both his personal life and the broader historical themes of his time. (shrink)

These essays take up contemporary debates concerning the rationality of legal and political institutions. Roberto Unger proposes a "politics of modernism"--a politics appropriate to the historical experience that Nietzsche calls "nihilism" and identifies as the re-grounding of all values in human will. Unger's aim is to heighten the artificiality, plasticity or revisability of all social arrangements, so that the self may perpetually overcome its context. But such an attempt to give the idea of self-overcoming a political translation threatens to be (...) devoid of any content beyond the reiterated assertion of the will. Wittgenstein's remarks on rule-following give voice to an anxiety that recurs in contemporary legal culture: Can a rule--in words that H. L. A. Hart once used--"step forward to claim its own instances"? Wittgenstein does not deny that it can, but he wishes to call attention to our captivation by a picture of a "rule by itself," according to which this "stepping forward" seems queer in light of an otherwise unbridgeable gap between a rule and its application. In the grip of such a picture, it becomes tempting to think that the normative demand of a rule must be activated by an interpretation. Such a thought leads not only to philosophical perplexity, but to failures of justification in the court-room. To make sense of Aristotle's notion of corrective justice, we need the idea that a judgment can be genuinely in accord with a universal even though the content of the universal cannot be completely spelled out in detachment from the concrete situations to which it is applied. It is plausible to see much of contemporary tort law as a specification of corrective justice. But attempts to supply corrective justice with a consequentialist foundation are unable to account for the significance of wrongful agency in tort law, while attempts to supply it with a deontological foundation are unable to account for the significance of the tort victim's loss. (shrink)

Exploring how people represent natural categories is a key step toward developing a better understanding of how people learn, form memories, and make decisions. Much research on categorization has focused on artificial categories that are created in the laboratory, since studying natural categories defined on high-dimensional stimuli such as images is methodologically challenging. Recent work has produced methods for identifying these representations from observed behavior, such as reverse correlation (RC). We compare RC against an alternative method for inferring the structure (...) of natural categories called Markov chain Monte Carlo with People (MCMCP). Based on an algorithm used in computer science and statistics, MCMCP provides a way to sample from the set of stimuli associated with a natural category. We apply MCMCP and RC to the problem of recovering natural categories that correspond to two kinds of facial affect (happy and sad) from realistic images of faces. Our results show that MCMCP requires fewer trials to obtain a higher quality estimate of people’s mental representations of these two categories. (shrink)

This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. -/- All of the (...) essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy. (shrink)

Force Fields collects the recent essays of Martin Jay, an intellectual historian and cultural critic internationally known for his extensive work on the history of Western Marxism and the intellectual migration from Germany to America.

Both the metaphorology of Hans Blumenberg and negative dialectics of Theodor W. Adorno recognized the value of the “nonconceptual” as an antidote to the tyranny of rational concepts imposed on a reality that was too diverse, contingent, and qualitatively unique to be subsumed under them. But whereas Blumenberg focused on metaphor and myth as rhetorical alternatives to concepts designed to deal with the incomprehensibility of “absolute reality,” Adorno understood nonconceptuality in terms of the material and corporeal limits to cultural constructivism (...) of any kind. He held out hope for a balance between the power of constitutive subjectivity and the resistance of the material world to its sway. (shrink)

Long considered "the noblest of the senses," vision has increasingly come under critical scrutiny by a wide range of thinkers who question its dominance in Western culture. These critics of vision, especially prominent in twentieth-century France, have challenged its allegedly superior capacity to provide access to the world. They have also criticized its supposed complicity with political and social oppression through the promulgation of spectacle and surveillance. Martin Jay turns to this discourse surrounding vision and explores its often contradictory (...) implications in the work of such influential figures as Jean-Paul Sartre, Maurice Merleau-Ponty, Michel Foucault, Jacques Lacan, Louis Althusser, Guy Debord, Luce Irigaray, Emmanuel Levinas, and Jacques Derrida. Jay begins with a discussion of the theory of vision from Plato to Descartes, then considers its role in the French Enlightenment before turning to its status in the culture of modernity. From consideration of French Impressionism to analysis of Georges Bataille and the Surrealists, Roland Barthes's writings on photography, and the film theory of Christian Metz, Jay provides lucid and fair-minded accounts of thinkers and ideas widely known for their difficulty. His book examines the myriad links between the interrogation of vision and the pervasive antihumanist, antimodernist, and counter-enlightenment tenor of much recent French thought. Refusing, however, to defend the dominant visual order, he calls instead for a plurality of "scopic regimes." Certain to generate controversy and discussion throughout the humanities and social sciences, _Downcast Eyes_ will consolidate Jay's reputation as one of today's premier cultural and intellectual historians. (shrink)

Martin Jay has provided a substantial new preface for this edition, in which he reflects on the continuing relevance of the work of the Frankfurt School.

Herbert Marcuse, Erich Fromm, Max Horkheimer, Franz Neumann, Theodor Adorno, Leo Lowenthal—the impact of the Frankfurt School on the sociological, political, and cultural thought of the twentieth century has been profound. _The Dialectical Imagination_ is a major history of this monumental cultural and intellectual enterprise during its early years in Germany and in the United States. Martin Jay has provided a substantial new preface for this edition, in which he reflects on the continuing relevance of the work of the (...) Frankfurt School. (shrink)

Few words in both everyday parlance and theoretical discourse have been as rhapsodically defended or as fervently resisted as "experience." Yet, to date, there have been no comprehensive studies of how the concept of experience has evolved over time and why so many thinkers in so many different traditions have been compelled to understand it. _Songs of Experience _is a remarkable history of Western ideas about the nature of human experience written by one of our best-known intellectual historians. With its (...) sweeping historical reach and lucid comparative analysis—qualities that have made Martin Jay's previous books so distinctive and so successful—_Songs of Experience _explores Western discourse from the sixteenth century to the present, asking why the concept of experience has been such a magnet for controversy. Resisting any single overarching narrative, Jay discovers themes and patterns that transcend individuals and particular schools of thought and illuminate the entire spectrum of intellectual history. As he explores the manifold contexts for understanding experience—epistemological, religious, aesthetic, political, and historical—Jay engages an exceptionally broad range of European and American traditions and thinkers from the American pragmatists and British Marxist humanists to the Frankfurt School and the French poststructuralists, and he delves into the thought of individual philosophers as well, including Montaigne, Bacon, Locke, Hume and Kant, Oakeshott, Collingwood, and Ankersmit. Provocative, engaging, erudite, this key work will be an essential source for anyone who joins the ongoing debate about the material, linguistic, cultural, and theoretical meaning of "experience" in modern cultures. (shrink)

Part I: The sun of reason. From the Greeks to the age of reason -- Kant: reason as critique; the critique of reason -- Hegel and Marx: dialectical reason -- Reason in crisis -- Part II: Reason's eclipse and return. The critique of instrumental reason: Horkheimer, Marcuse, and Adorno -- Habermas and the communicative turn -- Habermas and his critics.

As demonstrated by Marx’s fierce defence of his integrity when anonymously accused of lying in 1872, he was a principled believer in both personal honesty and the value of truth in politics. Whether understood as enabling an accurate, ‘scientific’ depiction of the contradictions of the present society or a normative image of a truly just society to come, truth-telling was privileged by Marx over hypocrisy as a political virtue. Contemporary Marxists like Alain Badiou continue this tradition, arguing that revolutionary politics (...) should be understood as a ‘truth procedure’. Drawing on the alternative position of political theorists such as Hannah Arendt, who distrusted tin; monologic and absolutist implications of a strong notion of truth in politics, this paper defends the role that hypocrisy and mendacity, understood in terms of lots of little lies rather than one big one, can play in a pluralist politics, in which, pace Marx, rhetoric, opinion and the clash of values resist being subsumed under a singular notion of the truth. (shrink)

Examines the development of the philosophy of Theodor W. Adorno and discusses his theories concerning music, culture, and society.

There is no more contentious and perennial issue in the history of modern Western thought than the vexed relationship between the genesis of an idea and its claim to validity beyond it. Can ideas or values transcend their temporal origins and overcome the sin of their original context, and in so doing earn abiding respect for their intrinsic merit? Or do they inevitably reflect them in ways that undermine their universal aspirations? Are discrete contexts so incommensurable and unique that the (...) smooth passage of ideas from one to the other is impossible? Are we always trapped by the limits of our own cultural standpoints and partial perspectives, or can we somehow escape their constraints and enter into a fruitful dialogue with others? These persistent questions are at the heart of the discipline known as intellectual history, which deals not only with ideas, but also with the men and women who generate, disseminate, and criticize them. The essays in this collection, by one of the most recognized figures in the field, address them through engagement with leading intellectual historians—Hans Blumenberg, Quentin Skinner, Hayden White, Isaiah Berlin, Frank Ankersmit—as well other giants of modern thought—Max Weber, Emile Durkheim, Georg Simmel, Walter Benjamin, Theodor Adorno, and Georg Lukács. They touch on a wide variety of related topics, ranging from the heroism of modern life to the ability of photographs to lie. In addition, they explore the fraught connections between philosophy and theory, the truth of history and the truthfulness of historians, and the weaponization of free speech for other purposes. (shrink)

In The Virtues of Mendacity, Jay resolves to avoid this conventional framing of the debate over lying and politics by examining what has been said in support of ...

A previous research ethics article by the authors provided evidence to support the claim that the New Zealand Ethics Committee was a powerless ethics committee. Ethics review applicants were not formally obliged to seek ethics review, and any committee recommendations were given on a ‘take it or leave it’ basis. One year later, the capacity of applications has doubled, and NZEC finds its core assumptions challenged as funders and government agencies now compel contracted researchers to make use of this free (...) service. Moreover, NZEC has expanded into research areas inhabited by market researchers, long shy of ethics review. Review requirements and remit expansion challenges some, but not all, aspects of NZEC’s assumption of powerlessness as NZEC remains committed to research ethics, not research governance, and it adheres to the principles of the New Brunswick Declaration to respect applicants the same way it expects applicants to respect participants. This annual survey of applicants makes NZEC accountable to its applicants, providing evidence once more that NZEC’s expeditious and cordial review of applications is considered different from traditional ethics review. (shrink)

Charts the flight of some of this century's most important thinkers from Nazi Germany to the United States. Jay explores the theories of The Frankfurt School -- among them, the work of Theodor Adorno, Leo Lowenthal and Herbert Marcuse -- as well, such as George Lichtheim, Hannah Arendt, and Henry Pachter.

The underlying assumption of Lukács’ History and Class Consciousness is that “history” can be understood as a unified and meaningful meta-narrative, which can be read along the lines of a realist novel. Although the future is not guaranteed, the present contains “objective possibilities” which can be identified and realized through activist intervention in the world by those who are destined to “make” history, the proletariat. In the intervening century since the Russian Revolution, it has become impossible to read “history” as (...) a singular, triumphalist story leading to human emancipation or identify any one group as its subjective agent. To salvage the revolutionary potential of Lukács’ work, it has been read instead in terms of “fidelity to the Event” by such latter-day Leninists as Alain Badiou and Slavoj Žižek. But their recourse to a meta-historical notion of pre-figuration and future realization is itself no less beholden to a literary or rhetorical device, that of figura, which was traced by Erich Auerbach in originally religious terms. (shrink)

After having promoted and then tacitly abandoned the rhetoric of postmodernism, Zygmunt Bauman settled on the metaphor of a modernity that was growing more ‘liquid’ and ‘lighter’ than before. This essay explores the strengths and weaknesses of these metaphors, and attempts to contextualize Bauman’s insights in what has been called by the historian Yuri Slezkine the ‘Mercurian’ culture of diasporic Jewish life.

Among Carl Schmitt's most notable and controversial contributions to political theory was his claim that “all the significant concepts of the modern doctrine of the state are secularized theological concepts.” First formulated in 1922 in his Political Theology, this contention remained constant throughout his long career, as evidenced by its return in his Political Theology II, published in 1970. Here Schmitt's Cadtholic background was clearly apparent, for in so arguing, he was recapitulating the familiar topos of biblical prefiguration in which (...) the New Testament was understood as realizing the latent meaning of the Old. Viewing modern politics as merely the secularized version of a prior theology allowed Schmitt to develop his strong notion of the sovereign as a profane divinity with virtually all of the omnipotent attributes of its alleged sacred predecessor. (shrink)

This study examines a significant gap in the role of providing ethical guidance and support for community-based research. University and health-based ethical review committees in New Zealand predominantly serve as ‘gatekeepers’ that consider the ethical implications of a research design in order to protect participants and the institution from harm. However, in New Zealand, community-based researchers routinely do not have access to this level of support or review. A relatively new group, the New Zealand Ethics Committee, formed in 2012, responds (...) to the uneven landscape of access for community-based research. By offering ethical approval inclusive of the review of a project’s study design outside institutional settings, NZEC has endeavoured to move beyond a gatekeeping research governance function to that of bridge-building. This change of focus presents rich possibilities but also a number of limitations for providing ethical review outside conventional institutional contexts. This paper reports on the NZEC’s experience of working with community researchers to ascertain the possibilities and tensions of shifting ethics review processes from research governance to a focus on research ethics in community-based participatory research. (shrink)

In these original and imaginative essays, delivered as the Tanner Lectures at the University of California, Berkeley in 2005, the philosopher Axel Honneth attempts to rescue the concept of reification by recasting it in terms of the philosophy of recognition he has been developing over the past two decades.

This volumeincludes work from some of the most prominentcontemporary scholars in the humanities.

A new collection of essays by the internationally recognized cultural critic and intellectual historian Martin Jay that revolves around the themes of violence and visuality, with essays on the Holocaust and virtual reality, religious violence, the art world, and the Unicorn Killer, among a wide range of other topics.

This chapter explicates Theodor W. Adorno's dialectical engagement with inauthenticity and genuineness, two of the central tropes of his mature philosophy. The chapter discusses the extent to which Adorno's critique of genuineness in Minima Moralia and elsewhere was itself deeply indebted to Walter Benjamin's defense of mechanical reproduction against the aura and his notion of the mimetic faculty. It quickly becomes apparent that many of his “own” ideas betray precisely the kind of inauthenticity that he defended against the jargon. Or (...) if one wants to rely on his critical use of the term, it shows the non-auratic authenticity of the intellectual who knows himself not to be in full possession of his own ideas. Paradoxically, in his very lack of originality, his reworking without entirely duplicating many of his friend's most arresting ideas, Adorno took upon himself the stigma he urged everyone to embrace. (shrink)

Because of his preoccupation with the formal aspects of music and literature, Theodor W. Adorno is often regarded as the most aesthetically oriented thinker of the Frankfurt School theorists. It is Adorno’s perceived commitment to aestheticism—the study of art for art’s sake and the study of art as a source of sensuous pleasure, rather than as a vehicle for culturally constructed morality or meaning—that many scholars have criticized as hostile to genuine, concrete, substantive political, social, and ethical engagement with the (...) arts. _Adorno and Ethics_—the first issue of _New German Critique_ to be published by Duke University Press—takes issue with Adorno’s critics. These essays reconsider Adorno’s unique brand of aestheticism, revealing a “politics of aestheticism” and exploring the political and ethical dimensions of his writings. One contributor links the ethical turn taken in Adorno criticism with related developments in American poetry and poetics. Another examines Adorno’s aphorism “Gold Assay” for the ways in which it anticipates one of his seminal works, _The Jargon of Authenticity_. Focusing on Auschwitz and the testimony of its survivors, one contributor explores the impact of the Holocaust on modern philosophy and reason, a relationship that he argues Adorno never specified. Another contributor considers the figure of the animal in the writings of Kant, Adorno, and Lévinas, exploring what it might mean to live, as Adorno suggests, as “a good animal.” _Contributors_. J. M. Bernstein, Detlev Claussen, Samir Gandesha, Alexander García Düttmann, Christina Gerhardt, Martin Jay, Robert Kaufman, Michael Marder, Gerhard Richter. (shrink)

The elevation of aesthetic experience in the Enlightenment, most extensively developed in Kant's analysis of disinterested contemplation, to compensate for the loss of putatively objective standards of beauty had several problematic implications. One was the privileging of the subject who had the experience over the object that stimulated it. Another was the potential extension of that experience to objects that were never intended to be works of art, not merely to ones given in nature, but also to political, social and (...) cultural phenomena whose ethical or cognitive dimensions were concomitantly suppressed or marginalized. The aestheticization of the commonplace could thus countenance an inappropriate imperialism of the aesthetic sub-system of modernity over alternative sub-systems. Although the pragmatist aesthetics of John Dewey, recently revived in the work of Richard Shusterman, has acknowledged a need to revitalize the role of the art object, it may too quickly postulate a notion of aesthetic experience in which the equiprimordiality of subject and object is assumed. It is perhaps better to hold on to a tense constellation between art objects and the experience they generate in subjects in order to avoid a premature sublation of what remains still unreconciled in the larger culture. (shrink)

No contemporary intellectual historian has produced more influential reflections on the historian’s craft than Hayden White and Quentin Skinner, yet their legacy has never been meaningfully compared. Doing so reveals a surprising complementarity in their approach, at least to the extent that Skinner’s stress on recovering the intentionality of authors fits well with White’s observation that irony is the dominant rhetorical mode of historical narrative in our day. Irony itself, to be sure, has to be divided broadly speaking into its (...) dramatic or Socratic variants and the unstable and paradoxical alternative defended by poststructuralist critics. The latter produced in White an anxiety about the anarchistic implications of an allegedly inherent undecidability in historical interpretation and narration, which threatened to conflate history entirely with fiction. By recovering the necessary role of intentionality as a prerequisite for a more moderate version of Socratic and dramatic irony—in which hindsight provides some purchase on a truth denied actors at the time history is made—it is possible to rescue an ironic attitude that can register the frequency of unintended consequences without surrendering to the conclusion that no explanation or interpretation is superior to another. Against yet a third alternative, which tries to reconstruct the past rationally as a prelude to the present, acknowledging the ironic undermining of intentions avoids giving all the power to the contemporary historian and restores a dialogic balance between actors in the past and their present-day interpreters. (shrink)