Introduction: Christian faith and technological artifacts -- Pt. I. The attempt to claim Christ's dominion. Martin Heidegger on technology as a form of life -- George Grant and the technological ideal -- Michel Foucault and the habits of technology -- Pt. II. Seeking Christ's concrete claim. Advent and the renewal of the senses -- Technology for good and evil -- Political reconciliation in the community of worship -- Worship, Sabbath, and work -- Being reconciled with creation's material form -- Conclusion: (...) An ethos of dwelling in the house of the Lord. (shrink)
Introduction: the problem of estrangement from Scripture in Christian ethics -- Learning about reading the Bible for ethics -- Reading self-consciously : the hermeneutic solution -- Reading together : the communitarian solution -- Focusing reading : the biblical ethics solution -- Reading doctrinally : the biblical theology solution -- Reading as meditation : the exegetical theology solution -- Listening to the saints encountering the ethos of Scripture -- Augustine's ethos of salvific confession -- Luther's ethos of consoling doxology -- Singing (...) the ethos of God -- Ethical exegesis : what have we encountered -- Exploring the place of Christian ethics in Scripture. (shrink)
How should modern medicine's dramatic new powers to sustain life be employed? How should limited resources be used to extend and improve the quality of life? In this collection, Dan Brock, a distinguished philosopher and bioethicist and co-author of Deciding for Others (Cambridge, 1989), explores the moral issues raised by new ideals of shared decision making between physicians and patients. The book develops an ethical framework for decisions about life-sustaining treatment and euthanasia, and examines how these life and death (...) decisions are transformed in health policy when the focus shifts from what is best for a patient to what is just for all patients. Professor Brock combines acute philosophical analysis with a deep understanding of the realities of clinical health policy. This is a volume for philosophers concerned with medical ethics, health policy professionals, physicians interested in bioethics, and undergraduate courses in biomedical ethics. (shrink)
In this article we argue that the concept of need is as vital for moral theory as it is for moral life. In II we analyse need and its normativity in public and private moral practice. In III we describe simple cases which exemplify the moral demandingness of needs, and argue that the significance of simple cases for moral theory is obscured by the emphasis in moral philosophy on unusual cases. In IV we argue that moral theories are inadequate if (...) they cannot describe simple needs-meeting cases. We argue that the elimination or reduction of need to other concepts such as value, duty, virtue or care is unsatisfactory, in which case moral theories that make those concepts fundamental will have to be revised. In conclusion, we suggest that if moral theories cannot be revised to accommodate needs, they may have to be replaced with a fully needs-based theory. Correspondence:c1 c.s.reader@durham.ac.ukc2 g.brock@auckland.ac.nz. (shrink)
OUP writes: Gillian Brock develops a viable cosmopolitan model of global justice that takes seriously the equal moral worth of persons, yet leaves scope for defensible forms of nationalism and for other legitimate identifications and affiliations people have. Brock addresses two prominent kinds of skeptic about global justice: those who doubt its feasibility and those who believe that cosmopolitanism interferes illegitimately with the defensible scope of nationalism by undermining goods of national importance, such as authentic democracy or national (...) self-determination. The model addresses concerns about implementation in the world, showing how we can move from theory to public policy that makes progress toward global justice. It also makes clear how legitimate forms of nationalism are compatible with commitments to global justice. -/- Global Justice is divided into three central parts. In the first, Brock defends a cosmopolitan model of global justice. In the second, which is largely concerned with public policy issues, she argues that there is much we can and should do toward achieving global justice. She addresses several pressing problems, discussing both theoretical and public policy issues involved with each. These include tackling global poverty, taxation reform, protection of basic liberties, humanitarian intervention, immigration, and problems associated with global economic arrangements. In the third part, she shows how the discussion of public policy issues can usefully inform our theorizing; in particular, it assists our thinking about the place of nationalism and equality in an account of global justice. (shrink)
Machine generated contents note: Preface; Introduction; Part I. Global Health, Definitions and Descriptions: 1. What is global health? Solly Benatar and Ross Upshur; 2. The state of global health in a radically unequal world: patterns and prospects Ron Labonte and Ted Schrecker; 3. Addressing the societal determinants of health: the key global health ethics imperative of our times Anne-Emmanuelle Birn; 4. Gender and global health: inequality and differences Lesley Doyal and Sarah Payne; 5. Heath systems and health Martin McKee; Part (...) II. Global Health Ethics, Responsibilities and Justice: Some Central Issues: 6. Is there a need for global health ethics? For and against David Hunter and Angus Dawson; 7. Justice, infectious disease and globalisation Michael Selgelid; 8. International health inequalities and global justice: toward a middle ground Norman Daniels; 9. The human right to health Jonathan Wolff; 10. Responsibility for global health? Allen Buchanan and Matt DeCamp; 11. Global health ethics: the rationale for mutual caring Solly Benatar, Abdallah Daar and Peter Singer; Part III. Analyzing Some Reasons for Poor Health: 12. Trade and health: the ethics of global rights, regulation and redistribution Meri Koivusalo; 13. Debt, structural adjustment and health Jeff Rudin and David Sanders; 14. The international arms trade and global health Salahaddin Mahmudi-Azer; 15. Allocating resources in humanitarian medicine Samia Hurst, Nathalie Mezger and Alex Mauron; 16. International aid and global health Anthony Zwi; 17. Climate change and health: risks and inequities Sharon Friel, Colin Butler and Anthony McMichael; 18. Animals, the environment and global health David Benatar; 19. The global crisis and global health Stephen Gill and Isabella Bakker; Part IV. Shaping the Future: 20. Health impact fund: how to make new medicines accessible to all Thomas Pogge; 21. Biotechnology and global health Hassan Masun, Justin Chakma and Abdallah Daar; 22. Food security and global health Lynn McIntyre and Krista Rondeau; 23. International taxation Gillian Brock; 24. Global health research: changing the agenda Tikki Pang; 25. Justice and research in developing countries Alex John London; 26. Values in global health governance Kearsley Stewart, Gerald T. Keusch and Arthur Kleinman; 27. Poverty, distance and two dimensions of ethics Jonathan Glover; 28. Teaching global health ethics James Dwyer; 29. Towards a new common sense: the need for new paradigms of global health Isabella Bakker and Stephen Gill; Index. (shrink)
Many philosophers suggest (1) that our emotional engagement with fiction involves participation in a game of make-believe, and (2) that what distinguishes an emotional game from a dispassionate game is the fact that the former activity alone involves sensations of physiological and visceral disturbances caused by our participation in the game. In this paper I argue that philosophers who accept (1) should reject (2). I then illustrate how this conclusion illuminates various puzzles in aesthetics and the philosophy of mind.
I examine how reforming our international tax regime could be an important vehicle by which we can begin to realize global justice. For instance, eliminating tax havens, tax evasion, and transfer pricing schemes are all important to ensure accountability and to support democracies. I argue that the proposals concerning taxation reform are likely to be more effective in tackling global poverty than Thomas Pogge's global resources dividend because they target some of the central issues more effectively. I also discuss many (...) particular proposals for global taxes that have already been floated and implementation prospects and successes. (shrink)
Many people believe in what can be described as a 'concentric circles model of responsibilities to others' in which responsibilities are generally stronger to those physically or affectively closer to us - those who, on this model, occupy circles nearer to us. In particular, it is believed that we have special ties to compatriots and, moreover, that these ties entail stronger obligations than the obligations we have to non-compatriots. While I concede that our strongest obligations may generally be to those (...) family and friends with whom we have close personal relationships, those often thought to occupy the inner core, what I want to challenge is the idea that our obligations diminish in strength when we move beyond the boundary of the circles occupied by compatriots and proceed to those more geographically or culturally distant from us. The weight that is typically placed on the boundary between compatriots and non-compatriots in determining the strength of our obligations to others cannot withstand critical scrutiny. In this paper I show that arguments that are supposed to work to justify stronger obligations to compatriots than non-compatriots do not succeed in the ways imagined. I also present the framework of a contractarian-style model which aims to give us a more systematic way to think about our obligations to 'non-core' others, both distant and near. While we can certainly have different kinds of obligations, my analysis shows that our basic obligations to others do not diminish with distance. In addition, my account aims to flesh out what our basic obligations to others are. (shrink)
Cosmopolitans believe that all human beings have equal moral worth and that our responsibilities to others do not stop at borders. Various cosmopolitans offer different interpretations of how we should understand what is entailed by that equal moral worth and what responsibilities we have to each other in taking our equality seriously. Two suggestions are that a cosmopolitan should endorse a 'global difference principle' and a 'principle of global equality of opportunity'. In the first part of this paper I examine (...) whether these two suggestions are compelling. I argue against a global difference principle, but for an alternative 'needs-based minimum floor principle' (where these are not coextensive, as I explain). I develop a model of cosmopolitan justice, which allows us to address not only matters of global distributive justice, but other global justice issues as well. Though I support what I refer to as a negative version of the global equality of opportunity principle, I argue that a more positive version of the ideal remains elusive. In the second part of this paper, I reflect on what bearing these results have on two central sets of questions: First, what kind of ideal are we after in the domain of cosmopolitan justice and what practical implications can we reasonably expect from it? Second, what sort of ideal of egalitarianism is compelling and does my model of cosmopolitan justice adequately reflect the legitimate concerns of egalitarians? (shrink)
There has been much interest in cosmopolitan models of democracy in recent times. Arguably, the most developed of these is the model articulated by David Held, so it is not surprising that it has received the most attention and criticism. In this paper, I outline Held's model of cosmopolitan democracy and consider the objections Will Kymlicka raises to this account. I argue that Kymlicka's objections do not undermine Held's central claims and that Held's cosmopolitanism remains a very promising model that (...) deserves further attention. (shrink)
This paper will explore the application of an account of justice in health and health care to the special case of children. It is tempting to hold that children require no special treatment in an account of just health care; justice requires guaranteeing access to at least basic health care services to all persons, whatever their age group, within the constraints of a society's resources. However, I will argue that for a number of reasons we need to address what justice (...) requires specifically for children from the health care system, even if the answer must be embedded within a general account of justice in health and health care. (shrink)
In this critical discussion of Simon Caney's global political theory, I focus on two broad areas. In the first area, I consider Caney's suggestions concerning global equality of opportunity and note several problems with how we might develop these ideas. Some of the problems concern aggregation, while others point to difficulties with what equality of opportunity means in a culturally plural world, where different societies might value, construct, and rank goods in different ways. In the second broad area of criticism (...) I argue that Caney has been unfair to contractarians and I rally to their defense. (shrink)
Liberal nationalists have been trying to argue that a suitably sanitized version of nationalism - namely, one that respects and embodies liberal values - is not only morally defensible, but also of great moral value, especially on grounds liberals should find very appealing. Although there are plausible aspects to the idea and some compelling arguments are offered in defense of this position, one area still proves to be a point of considerable vulnerability for this project and that is the issue (...) of what, according to the liberal nationalists, we owe both members of our nation, our co-nationals, and what we owe those who are not members of our nation. It is here that we see the project still has some distance to go if a version of liberal nationalism is, indeed, to be morally defensible. In this paper I examine leading liberal nationalist accounts of our obligations to co-nationals and non-nationals. I argue that liberal nationalists have not yet given us an adequate account of our obligations to non-nationals for a number of reasons. For instance, on the issue of the priority we may give co-nationals' interests over non-nationals', the theorists' view show significant tension, they seem to be confused about what their positions entail, the views are unhelpful, ad hoc, or the positions are quite unclear. Liberal nationalists also have a misleading impression that their positions better capture the relation between personal identity and duty, but this turns out to be false. Other defects with their specific projects are highlighted. I go on to offer a more promising method for determining our obligations to non-nationals. Rather than this alternative precluding any scope for nationalism, it actually makes clearer to us how there might be some defensible space for nationalism once our obligations to put in place appropriate institutions and sets of rules have been fulfilled. (shrink)
Opponents of cosmopolitanism often dismiss the position on the grounds that cosmopolitan proposals are completely unrealistic and that they fly in the face of our human nature. We have deep psychological needs that are satisfied by national identification and so all cosmopolitan projects are doomed, or so it is argued. In this essay we examine the psychological grounds claimed to support the importance of nationalism to our wellbeing. We argue that the alleged human needs that nationalism is said to satisfy (...) are: (i) either more complex than initially one might think or (ii) do not necessarily provide very strong grounds for the theses advocated by nationalists or (iii) can be well met in alternate ways than through national identification. Moreover, commitment to cosmopolitanism is not antithetical to meeting these needs: rather, more cosmopolitan worldviews can do quite well in meeting the needs of interest. Moreover, we argue that since nationalism is a fluid and socially constructed phenomenon, quite open to the influence of other factors, the current evidence suggests that central aspects of cosmopolitanism are quite feasible and realistic. (shrink)
Frankfurt argues that there are two categories of needs that are at least prima facie morally important (relative to other claims). In this paper I examine Frankfurt's suggestion that two categories of needs, namely, nonvolitional and constrained volitional needs, are eligible for (at least prima facie) moral importance. I show both these categories to be defective because they do not necessarily meet Frankfurt's own criteria for what makes a need morally important. I suggest a further category of needs as being (...) a more promising 'moral importance indicator'. -/- . (shrink)
: Bioethics has focused principally on ethical issues arising in clinical medicine. When it has addressed justice or equity, it has focused on access to health care and on defending a general moral right to health care. This dual focus on establishing a right to health care and on health care rather than health has left bioethics largely silent on two issues of fundamental importance for a full account of justice and health. First, the focus on establishing a right to (...) health care has contributed to a failure to address difficult issues in developing ethical standards for equitably prioritizing limited resources in health care. Second, the focus on inequalities in access to health care has ignored the much greater impact of social determinants of health, in particular socioeconomic class and inequality, on health and health inequalities. Bioethics must broaden its agenda. (shrink)
In 'Meeting Needs', Braybrooke argues that a new and improved version of utilitarianism can be constructed around making a priority of satisfying needs. In this paper I concentrate on Braybrooke's suggestion about the method for determining needs, and more generally, the method of settling issues concerning matters of need. (This emphasis is chosen since these problems are most devastating to his project as currently formulated.) I argue that Braybrooke's method is seriously flawed. Braybrooke believes that the process for settling issues (...) concerning needs guarantees consensus and fairness. I refute this claim by showing that a number of assumptions crucial to Braybrooke's method are unwarranted. In addition, I show that these and other structural defects in the method are such that Braybrooke's account is guilty of paternalism and "fraud", despite his attempts to avoid these charges. I also indicate why similar methods are unlikely to meet with success. -/- . (shrink)
Book Information The Morality of Nationalism. Edited by R. McKim and J. McMahan. Oxford University Press. New York. 1997. Pp. xii + 371. Paperback, $42.95.
This paper examines one nascent entrepreneurial endeavour intended by Canada's Stem Cell Network to catalyze the commercialization of stem cell research: the creation of a company called "Aggregate Therapeutics". We argue that this initiative, in its current configuration, is likely to result in a breach of public trust owing to three inter-related concerns: conflicts of interest; corporate influence on the university research agenda; and the failure to provide some form of direct return for the public's substantial tax dollar investment. These (...) concerns are common to many efforts to commercialize academic science but are rendered particularly acute in this case given the therapeutic promise of stem cell research and the considerable number of resources related to stem cell research in Canada, which Aggregate Therapeutics is expected to pool. We do, however, believe that the company can be altered to guard against a violation of the public's trust, and so we present concrete modifications to its structure, which we contend should be given immediate consideration. (shrink)
In this paper I argue that if we are to have any defensible property rights at all, we must recognize a fundamental commitment to helping those in need. The argument has significant implications for all who claim defensible property rights. In this paper I concentrate on some of the implications this argument has for redefining business obligations. In particular, I show why those who typically would be quite resistant to the idea that businesses have any obligations to assist others in (...) need must acknowledge this fundamental obligation. I also suggest how this argument contributes to our understanding of the normative basis of Stakeholder Theory. (shrink)
In a series of powerful and challenging articles emerging since the mid-1990s, Brian Leiter has argued that certain theoretical strains in contemporary legal philosophy are ‘epistemologically bankrupt’, in virtue of their reliance on misguided argumentative devices: analysing concepts, such as the concepts of law and of authority; and doing so by appealing to intuitions regarding the correct way to understand the concepts in question. In response to this state of affairs, Leiter advocates that jurisprudence ought to attempt to catch-up (...) with ‘naturalistic’ developments which have influenced the direction of other branches of philosophy – such as epistemology, philosophy of mind, and moral philosophy – in the last few decades. This article offers a critical analysis of some of Leiter’s proposals for what Jurisprudence should become, in light of his views on the relevance of naturalism for this discipline. (shrink)
At first sight it would seem difficult to find two philosophers as different as Brian Barry and Richard Rorty. It is widely held that the former is one of the most forceful proponents of liberal universalism, whereas the latter is typically viewed as the quintessential relativist. In this essay, different usages of the term univeralism are considered, and it is argued that Rorty's position is much closer to that of Barry than is generally supposed. Indeed, the article concludes by (...) suggesting that it is Rorty who offers the less question-begging philosophical account of political liberalism. (shrink)
Human beings are peculiar. In laboratory experiments, they often cooperate in one-shot prisoners’ dilemmas, they frequently offer 1/2 and reject low offers in the ultimatum game, and they often bid 1/2 in the game of divide-the-cake All these behaviors are puzzling from the point of view of game theory. The first two are irrational, if utility is measured in a certain way.1 The last isn’t positively irrational, but it is no more rational than other possible actions, since there are infinitely (...) many other Nash equilibria besides the one in which both players bid 1/2. At the same time, these behaviors seem to indicate that people are sometimes inclined to be cooperative, fair, and just. In his stimulating new book, Brian Skyrms sets himself the task of showing why these inclinations evolved, or how they might have evolved, under the pressure of natural selection. The goal is not to justify our ethical intuitions, but to explain why we have them.2.. (shrink)
Brian Rotman argues that (one) “mind” and (one) “god” are only conceivable, literally, because of (alphabetic) literacy, which allowed us to designate each of these ghosts as an incorporeal, speaker-independent “I” (or, in the case of infinity, a notional agent that goes on counting forever). I argue that to have a mind is to have the capacity to feel. No one can be sure which organisms feel, hence have minds, but it seems likely that one-celled organisms and plants do (...) not, whereas animals do. So minds originated before humans and before language --hence, a fortiori, before writing, whether alphabetic or ideographic. (shrink)
Brian Leiter and Neil Sinhababu (eds), Nietzsche and Morality Content Type Journal Article DOI 10.1007/s10677-008-9134-6 Authors Rainer Kattel, Tallinn University of Technology Ehitajate tee 5 19086 Tallinn Estonia Journal Ethical Theory and Moral Practice Online ISSN 1572-8447 Print ISSN 1386-2820.
Human beings are peculiar. In laboratory experiments, they often cooperate in one-shot prisoners’ dilemmas, they frequently offer 1/2 and reject low offers in the ultimatum game, and they often bid 1/2 in the game of divide-the-cake All these behaviors are puzzling from the point of view of game theory. The first two are irrational, if utility is measured in a certain way.1 The last isn’t positively irrational, but it is no more rational than other possible actions, since there are infinitely (...) many other Nash equilibria besides the one in which both players bid 1/2. At the same time, these behaviors seem to indicate that people are sometimes inclined to be cooperative, fair, and just. In his stimulating new book, Brian Skyrms sets himself the task of showing why these inclinations evolved, or how they might have evolved, under the pressure of natural selection. The goal is not to justify our ethical intuitions, but to explain why we have them.2.. (shrink)
In his recent article, ‘A Gift to Theology? Jean-Luc Marion's ‘Saturated Phenomena’ in Christological Perspective’, Brian Robinette has critiqued Marion's phenomenology for confining theology to a one-sided approach to Christology, one that stresses only the passive, mystical reception of Christ. To correct this imbalance, Robinette brings Marion into dialogue with those more active Christologies or ‘prophetical-ethical’ liberation theologies of Gustavo Gutierrez, Johann Baptist Metz and others that stress a life-praxis focused on confronting evil and suffering. In this essay I (...) am arguing that Robinette has not fully developed the ‘logic’ of Marion's phenomenology of the ‘call and the gifted’, in which both a passive and an active element are operative. I explore more fully that very dynamic phenomenological process of the call-and-the-gifted as developed in Marion's work Being Given: Toward a Phenomenology of Givenness. Once viewed in Christological perspective, and especially in light of Christ's death and resurrection, Marion's phenomenology entails an ethical trope consistent with the mission of Christ as rendered in Scriptural revelation, and thus the gap between Marion's work and the prophetical-ethical theologies of Gutierrez and Baptist Metz becomes narrowed. (shrink)
A review article of Gillian Brock's Global Justice: A Cosmopolitan Account. Reviewed by Dara Salam. Public Reason, Vol.3, No.1, June 2011, pp. 114-117.
One prominent evolutionist I know confided in me that he sometimes spends only an hour perusing a book that he has to review. I doubt if Brian Charlesworth spent even that much time with my book No Free Lunch. Charlesworth is a bright guy and could have done better. But no doubt he is also a busy guy. To save time and effort, it's therefore easier to put these crazy intelligent design creationists in their place rather than actually engage (...) the merits of their arguments. Charlesworth's review is riddled with caricatures and stereotypes. The amateurs at talk.origins frankly have done a much better job trying to critique me. (shrink)
Cosmopolitanism is a form of egalitarianism about global justice. Egalitarians hold that economic inequalities are justifiable only under limited conditions. Cosmopolitans, like Brock, embrace basic principles of distributive justice that apply to all human beings. Their opponents, sometimes called liberal nationalists, are also egalitarians but limit the scope of egalitarian justice to cooperating members of a society. Outsiders are owed help to lead minimally decent lives but these are humanitarians obligations, not obligations of distributive justice. Brock’s defense of (...) cosmopolitanism is thoughtful and sensitive but appears to be too weak. Her basic principle of distributive justice appears to allow more inequality than cosmopolitans can accept. Liberal nationalists defend preference for fellow citizens and Brock seems not to have done a fully adequate job answering their arguments, especially their appeal to reciprocity among citizens. It’s therefore difficult to know where Brock stands on some of the crucial issues about global justice. (shrink)
While much has been written about social justice, even more has been written about democracy. Rarely is the relationship between social justice and democracy carefully considered. Does justice require democracy? Will democracy bring justice? This volume brings together leading authors who consider the relationship of democracy and justice. The intrinsic justness of democracy is challenged and the relationship between justice, democracy and the common good examined.
The recent exchange between Glenn Yago and James W. Brock over the junk?bond buyouts of the 1980s missed the mark on a number of points. In reality, neither the buyouts nor their sudden near?cessation contributed materially to the recession of 1990?91. The buyout wave did not end primarily because of new restrictive regulations. The buyouts had no appreciable effect on real capital formation. And the increased rate of bankruptcies resulting from the buyouts left the economy's overall efficiency unimpaired.
Patrick O'Brian, the Aubrey-Maturin Series of twenty novels (Norton, 1970-1999). My appreciation written for WIRED magazine: "I re-read this extraordinary series of novels because of the depth of portrayal of the major and minor characters, but also because they teach me so much about what science and technology were like two centuries ago. O'Brian shows you the world-that-was through the eyes of a Tory naval captain (Jack Aubrey), at sea since the age of 12, working his way up (...) to admiral, dealing with the height of 18th-century technology (sailing ships and celestial navigation). I identify more strongly with his liberally-educated, physician-scientist friend (Stephen Maturin), who went to medical school in Paris during the French Revolution. You see natural history turning into a biological science, bleeding-and-purging medicine starting to learn some physiology -- and, because Maturin is also an intelligence agent for the Admiralty, you see statecraft at work during the Napoleonic Wars. These books strongly remind you about what scientific ignorance and social conventions can do to your mindset, and how the future will likely judge us as well." -- William H. Calvin You can get them all at once, so you can: The Complete Aubrey/Maturin Series (20 volumes). Depending on amazon.com's current discount, this works out to US$15-20 each (and in hardcover). (shrink)
Applied analytical political philosophy has not been a thriving enterprise in the United States in recent years. Certainly it has made little discernible impact on public culture. Political philosophers absorb topics and ideas from the Zeitgeist, but it shows little inclination to return the favor. After the publication of his monumental work A Theory of Justice back in 1971, John Rawls became a deservedly famous intellectual, but who has ever heard political critics or commentators refer to the difference principle or (...) fair equality of opportunity in discussions aimed at a wide audience? Writing philosophically astute and beautifully accessible prose, often in not strictly academic journals of opinion, Ronald Dworkin has been in some ways the very model of a public intellectual, but the only reference to his opinions that I have seen in any newspaper occurred in a New York Times review of a restaurant near London along the Thames (as I recall, Dworkin was quoted as saying it was at the very least the best restaurant in the northern hemisphere). You might chalk up the situation to the fact that political philosophers tend to be liberal and the public political culture in the United States has been growing decidedly conservative, but that mismatch can hardly be the whole story. Right-wing libertarianism is a popular doctrine, but Robert Nozick’s classical and never superseded 1974 exploration of that view in his brilliant Anarchy, State, and Utopia is not cited. Nor is there a significant literature that seeks to derive practical policy recommendations from Nozick’s theory and relevant factual claims. Moreover, the isolation of political philosophy stands in marked contrast to the wide influence of theory in some disciplines. For example, consider the enormous germinating impact of Richard Posner’s ideas on law and economics over the past thirty years on academic and extra-academic American legal culture. (shrink)
In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, (...) because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to see how Leiter’s reading fares when these passages are considered. I argue that Leiter is right that the realists’ indeterminacy thesis has only a local scope. Those passages that appear to claim that the law is globally indeterminate actually address three other topics: judicial supremacy, judges’ roles as finders of fact, and the moral obligation to adjudicate as the law commands. With respect to the prediction theory, however, I conclude that Leiter’s position cannot be defended. Indeed the realists offered two “prediction” theories of law. According to the first, which is best described as a decision theory, the law concerning an event is whatever concrete judgment a court will issue when the event is litigated. According to the second, the law is reduced, not to concrete judgments, but to regularities of judicial (and other official) behavior in a jurisdiction. I end this essay with the suggestion that the realists’ advocacy of the second prediction theory indirectly vindicates Leiter’s reading of the realists as prescient jurisprudential naturalists. (shrink)
