Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...) theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

The ArgumentIt is not easy to point to the place of knowledge in our culture. More precisely, it is difficult to locate the production of our most valued forms of knowledge, including those of religion, literature and science. A pervasive topos in Western culture, from the Greeks onward, stipulates that the most authentic intellectual agents are the most solitary. The place of knowledge is nowhere in particular and anywhere at all. I sketch some uses of the theme of the solitary (...) philosopher across a broad sweep of history, giving particular attention to its deployment in and around the scientific culture of seventeenth-century England. I argue that the rhetoric of solitude is strongly implicated in individualistic views of society and empiricist portrayals of scientific knowledge. Solitude is a state that symbolically expresses direct engagement with the sources of knowledge – divine and transcendent or natural and empirical. At the same time, solitude publicly expresses disengagement from society, identified as a set of conventions and concerns which act to corrupt knowledge. Hence, the study of the social uses of solitude adds further support to the notion that problems of knowledge and problems of social order are solved together. (shrink)

The question, what measures to address the shortage of transplantable organs are ethically permissible? requires careful attention because, apart from its impact on medical practice, the stance we espouse here reflects our interpretations of human freedom and mortality. To raise the number of available organs, on utilitarian grounds, bioethicists and medical professionals increasingly support mandatory procurement. This view is at odds with the Catechism of the Catholic Church, according to which ‘[o]rgan donation after death is a noble and meritorious act’ (...) but ethically impermissible absent consent. Those who concur with this position, but would oppose conscription on independent philosophical grounds, have not yet found a voice in the Western tradition comparable in strength to the utilitarian basis of the policy’s support, for Kantian and Aristotelian ethics, too, lend themselves to a requirement that we make our organs available to others when they can no longer serve ourselves. One finds an ethical wedge against conscription in an unexpected philosophical locale: the ‘fundamental ontology’ of Heidegger’s Being and Time, where pertinent individual choices arc protectively over what happens post mortem. Heidegger’s perspective on this issue thus meshes, not with other philosophical voices, but with Catholic doctrine—a surprising convergence of atheistic and theistic approaches to our flourishing whose ground I address in the article’s conclusion. (shrink)

In this paper, I perform an analysis of Aristotle’s organic analogy when discussing the different “organs” of the Greek polis. I argue that this analysis demonstrates that the proper functioning of the polis depends upon the generation of different forms of life that will incline towards tension with one another, due to the fact that some members will be prevented by their form of life from enjoying the chief virtue of political life, namely, the accomplishment of human virtue and the (...) good life. I argue that, at least within the context of the polis, there remains the possibility that those disenfranchised people experience sensuous recognition that they are contributing to human thriving. I contrast this with the modern city, in which what existed as a natural and visible tension in the polis becomes a concealed tension, with the result that no such recognition is possible, leaving modern city-dwellers alienated from the conditions that generate their forms of life. (shrink)

How far is Thomas Aquinas available for current discussions in political philosophy? While there are certainly things to be learned from him about our political preoccupations, the pedagogy of his moral teaching typically resists our familiar questions. This holds even when the question is put in terms that Thomas should recognize—say, as a question about the virtues appropriate for a democracy. Thomas not only gives different meanings to these terms, he moves political topics away from the center of theological attention (...) and so organizes them very differently. A reader can notice these differences at many points but perhaps especially in the attention that Thomas gives in the Summa to the gifts of the Holy Spirit. His account of these gifts qualifies significantly what he says of virtue and suggests large limits on human agency, whether in ethics or in politics. (shrink)

Given the problems in the business world, it might be time to rethink business from a perspective that is not (neo)Marxist or capitalist. This article does just that by rethinking the ideology of human freedom in business. This article argues that corporations are freer than humans under capitalism. Moreover, corporations, more so than humans, engage in free action, as Arendt defines action. To return to the place where human freedom is an actuality not ideology, we must understand the nature of (...) freedom and how the present situation arose. From that we can then develop solutions. One solution posited here is that managers must treat employees as worthy of empowerment. This solution gives organizational behavior theory the ethical status that it has not had earlier. Even if the solution set out in this review is not functional, the view of business developed in this article is new and merits further examination in order that business can functional more ethically, including the treatment of people. (shrink)

In this essay I discuss Cicero's practice of submitting his texts to others for comment, arguing that the mutual reading and correction of friends' works played an important social function. By discussing what would make a text better, Cicero and his collaborators worked to forge and maintain social ties. In addition, I pursue an important corollary: for a text to provoke this activity, it must present itself as unfinished or in progress. Cicero was aware of this corollary, and in the (...) Brutus he used images of textual incompletion to critique Atticist and Caesarian theories of style as solitary, antisocial, and implicitly autocratic. This led him to formulate an important new literary politics, which he put into practice in the years after Pompey's defeat in the civil war. (shrink)

This paper explores the anatomical foundations of Aristotle's natural philosophy. Rather than simply looking at the body, he contrives specific procedures for revealing unmanifest phenomena. In some cases, these interventions seem extensive enough to qualify as experiments. At the work bench, one can observe the parts of animals in the manner Aristotle describes, even if his descriptions seem at odds with 20th century textbooks. Manipulating animals allows us to recover his teleological thought more fully. This consideration of Aristotle as a (...) sophisticated biologist helps our reading of his writings in other areas of philosophy. (shrink)

Dans cet article, je considère les travaux de Richard Bodéüs qui traitent de la manière dont Aristote envisage la relation entre loi, vertu, et éducation. Je soutiens qu’il y a une différence importante entre les exigences de la loi et celles de la raison, en particulier dans les régimes défectueux, qui sont aussi les plus communs. Cette différence existe aussi dans le meilleur régime possible pour la plupart des cités, le régime mixte qu’Aristote nomme «politie», parce qu’il représente un mélange (...) d’oligarchie et de démocratie. Dans ce régime, éduquer les citoyens exige ce qu’Aristote appelle la philosophie politique. (shrink)

In this essay I revise, based on the notion of the ‘enlightened ruler’ or mingzhu and his critique of the literati of his time, the common belief that Han Fei was an amoralist and an advocate of tyranny. Instead, I will argue that his writings are dedicated to advising those who ought to rule in order to achieve the goal of a peaceful and stable society framed by laws in accordance with the dao.

In this paper, the foundations for setting up a knowledge industry are laid. Firstly, it is established that this industry constitutes the only way of making use of the huge amounts of knowledge produced as a result of the introduction of the Science-Technology binomial in postindustrial society. Then, the elements which will lead to such an industry are defined, that is, the resources and means. Under the ‘Means’ section, special emphasis is placed on the processes involved, in other words, inference (...) methods and commonsense reasoning. Finally, it is concluded that the establishment of this industry, calledmindfacturing because of the raw material that it processes and uses, is, more than possible, desirable, provided that the precautions outlined in the epilogue are taken. (shrink)

This chapter approaches the question of biopolitics in ancient political thought looking not at specific political techniques but at notions of the final aim of the political community. It argues that the “happiness” (eudaimonia, beatitudo) that constitutes the greatest human good in the tradition from Aristotle to Thomas Aquinas is not a “biopolitical” ideal, but rather a metabiopolitical one, consisting in a contemplative activity situated above and beyond the biological and the political. It is only with Thomas Hobbes that civic (...) happiness becomes “biopolitically” identified with simple survival; for modernity, as Hannah Arendt puts it, mere being alive becomes the greatest human good, and happiness is understood as a subjective “quality of life.” In both models, the political realm is a means to an end. Arendt draws our attention to a neglected third alternative to both the classical/metabiopolitical and the modern/biopolitical ideals: “public happiness” consisting in political participation itself. (shrink)