The philosophical and natural law basis of the American order: remote and immediate ancestors -- The declaration and its constitution: linking first principle to necessary means -- A structurally-divided, but workable, government -- A limited government of enumerated power -- A government mindful of dual sovereignty -- A fair government -- A government commitment to freedom -- A government commitment to equality -- A government of imperfect knowledge of inkblots, liberty and life itself.
Since constitutional arrangements are what make politics work, they are a central concern of political theory._This book, now completely updated, is the first comprehensive exploration of the political theory of constitutions. Jan-Erik Lane begins by examining the origins and history of constitutionalism and answers key questions such as: What is a constitution? Why are there constitutions? From where does constitutionalism originate? How is the constitutional state related to democracy and justice? Constitutions play a major role in domestic (...) and international politics in the early 21st century and an updated version of this classic textbook will introduce students to a number of different areas -- theoretical, empirical, and moral -- which will aid their understanding of this important topic. (shrink)
Exploring the connection between Bentham and Byron forged by the Greek struggle for independence, this book focuses on the activities of the London Greek Committee, supposedly founded by disciples of Jeremy Bentham, which mounted the expedition on which Lord Byron ultimately met his death in Greece. Rosen's penetrating study provides a new assessment of British philhellenism and examines for the first time the relationship between Bentham's theory of constitutional government and the emerging liberalism of the 1820s. Breaking new ground (...) in the history of political ideas and culture in the early nineteenth century, Rosen advances striking new interpretations based on recently published texts and manuscript sources of the development of constitutional theory from Locke and Montesquieu, the conflicting strands of liberalism in the 1820s, and the response in Britain to strong claims for national self-determination in the Mediterranean basin. He sets out to distinguish between Bentham's theory and the ideological context against which it is usually interpreted. (shrink)
The historiography of European liberalism has been dominated by large countries; this contribution focuses on the successful tradition of liberalism in the Netherlands. Just like German liberalism (but unlike the British 19th-century model), the spirit of Dutch 19th-century liberalism was constitutional (in the sense of being legal and juridical). It assumed that constitutional rules in a certain sense produced liberty, because liberty was not possible without a legally guaranteed context. Today the Dutch liberal party tries to combine classical (...) liberalism with a mild populism, but recently the Pim Fortuyn upsurge of populism has hurt the liberal party. A direct democratic style of politics has become popular among more right-wing liberals. Perhaps it is time to re-evaluate the 19th-century doctrinaire liberal traditions. Their anti-democratic ideas have been superseded, but the constitutional organization of liberty is as important as ever. (shrink)
Este artículo ofrece una evaluación crítica de la revolución política en el contexto de una democracia constitucional y, en particular, de su justificación discursiva en el terreno de las propias instituciones democráticas. Para ello, se revisa el concepto mismo de revolución, mostrando que su definición política o técnica la hace incompatible con el modelo de cambio social aceptable o justificable en un sistema democrático. Esta revisión conceptual pretende clarificar de manera normativa la imposibilidad de justificar el encomio de la revolución (...) como uno de los recursos discursivos en el terreno del juego pluralista democrático de nuestra época. Palabras clave: revolución; democracia constitucional; progreso; filosofía de la historia; métodos pacíficos We Are All Revolutionary. Is Political Revolution Justifiable in Democratic Terms?This article offers a critical assessment of political revolution in the context of a constitutional democracy. Particularly, it assesses its discursive justification in the realm of democratic institutions themselves. In order to do so, I will go over the very concept of revolution, thus showing that its political or technical definition makes it incompatible with the model of social change which might be acceptable or justifiable within a democratic system. This conceptual analysis aims to normatively clarify the impossibility of justifying the praise of revolution as one of the discursive resources within the realm of the pluralistic, democratic game of our time. Keywords: Revolution; Constitutional Democracy; Progress; Philosophy of History; Pacific means. (shrink)
The Constitution of the Athenians ascribed to Xenophon the orator.--The Politeia of the Spartans by Xenophon.--The Boeotian Constitution from the Oxyrhynchus historian.--The Constitution of Athens by Aristotle.
Aristotle's The constitution of Athens.--The constitution of the Athenians, ascribed to Xenophon the orator.--Xenophon's The politeia of the Spartans.--The Boeotian constitution, from the Oxyrhynchus historian.
PREFACE The aim of this book is to make some of the basic texts written on political practice by authors in Ancient Greece available to those who cannot read them in the original. All translations are my own, and are intended to ...
Political philosophy has difficulties to cope with the complexity and variety of state-religions relations. Strict separationism is still the preferred option amongst liberals, deliberative and republican democrats, socialist and feminists. In this article, I develop a complex typology based on comparative history and sociology of religions. I summarize my reasons why institutional pluralist models like plural establishment or non-constitutional pluralism are attractive not only for religious minorities but for religiously deeply diverse societies in general. Most attention is paid (...) defending associative democracy, the most flexible and open variety of institutional pluralism, against realist objections that group representation is incompatible with liberal democracy, that it leads to stigmatization and bureaucratization, that it strengthens undemocratic leaders, that it leads to an ossification of the status quo, and, most importantly, that it is inherently divisive undermining social cohesion and political unity. In my refutation of these objections I try to show that it helps to integrate minority religions into liberal democratic policies compatible with reasonable pluralism and to prevent religious and political fundamentalism. (shrink)
This paper concerns the reformulation by British expatriates and the first generation of English-speaking Indian intellectuals of the key ideas of European constitutional liberalism between 1810 and 1835. The central figure is Rammohan Roy, usually seen as a of Hinduism. Here Rammohan's thought is set in the context of the Iberian and Latin American constitutional revolutions and the movement for free trade and parliamentary reform in Britain. Rammohan and his coevals created a constitutionalhistory for India (...) that centred on the institution of the panchayat, a local judicial body. While some expatriates and Indian radicals discussed or for the country as early as the 1830s, Rammohan himself argued for constitutional limitations on the Company's power and Indian representation in Parliament. Under liberal British government, he believed, an Indian public would emerge, empowered by service on juries and the operations of a free press. (shrink)
Article 14 Chapter I ‘The State of Lithuania’ of the Constitution of the Republic of Lithuania of 1992 reads as follows: ‘Lithuanian shall be the State language’. This principle is not new in the Lithuanian history of constitutionalization, as Lithuanian was the official language of the State in the interwar period but lost this status during the Soviet occupation. After 1988, when many political, economic and social changes crucial for further development of the State took place in Lithuania, linguistic (...) issues re-emerged. It was recognized back then that language played a vital role in the life of the State and the society, and the Lithuanian language was given back its status of the official language by the Constitution. The principle that Lithuanian is the official language of the State, enshrined in Article 14 of the Constitution of the Republic of Lithuania, was further elaborated by the Constitutional Court of the Republic of Lithuania in its rulings and judgments. According to its official constitutional doctrine, the Lithuanian language should be treated as a very specific constitutional value, as it forms the basis of the ethnic and cultural identity of the Lithuanian nation and is the guarantor of the national identity and survival. The status of Lithuanian as the official language means that the Lithuanian language must be used in all spheres of public life. The Court also holds that having this principle enshrined in Chapter I ‘The State of Lithuania’ of the Constitution implies that the Lithuanian language enjoys particular protection since the provisions of this Chapter may be amended only by a referendum. (shrink)
The article discusses the problems of development of women’s political rights in Lithuania in the legal historical aspect starting from the 16th century, when some property and individual rights were enshrined in the first codifications of the laws of the Great Duchy of Lithuania. The aim of the article is to show that women’s struggle for political equality and suffrage at the end of the 19th and at the turn of the 20th century correlates with the movement for re-establishment of (...) the independent State of Lithuania. As a result in Lithuania equal suffrage and political rights were ensured from the very beginning of independence. In 1905 the Great Seimas of Vilnius recognized the principles of equality of women and men and declared the principles of equal general election to the Seimas (parliament); women’s suffrage, as one of the elements of legal equality, became constitutionally entrenched already in the first temporary Constitution of the State of Lithuania in 1918. At the end of the 20th century and the beginning of the 21st century women’s rights have been further developed, moreover, the first woman was elected as President of the Republic in the national elections in May 2009. (shrink)
This article analyzes how the relationship between philosophy and history has been conceived within the study of political thought, and how different ways of conceiving this relationship in turn have affected the definition of the subject matter as well as the choice of methods within this field. My main argument is that the ways in which we conceive this relationship is dependent on the assumptions we make about the ontological status of concepts and their meaning. I start by discussing (...) the widespread view that philosophy and history ought to be viewed as distinct if not incompatible ways of studying political thought, and then go on to describe the view that philosophical and historical approaches should be conceived of as identical or inseparable. I end this article by suggesting that these approaches rather should be viewed as mutually constitutive for the benefit of a more coherent study of political thought. (shrink)
Abstract This paper argues that history of economics has a fruitful, underappreciated role to play in the development of economics, especially when understood as a policy science. This goes against the grain of the last half century during which economics, which has undergone a formal revolution, has distanced itself from its `literary' past and practices precisely with the aim to be a more successful policy science. The paper motivates the thesis by identifying and distinguishing four kinds of reflexivity in (...) economics. The main thesis of this paper is that because these forms of reflexivity are not eliminable, the history of economics must play a constitutive role in economics (and graduate education within economics). An assumption that I clarify in this paper is that the history of economics ought to be part of the subject matter studied by economics when they are interested in policy science. Even if one does not accept the conclusion, the fourfold classification of reflexivity might hold independent interest. The paper is divided in two parts. First, by reflecting on the writings of George Stigler, Paul Samuelson, George and Milton Friedman, I offer a stylized historical introduction to and conceptualization of the themes of this paper. In particular, I identify various historically influential arguments and strategies that reduced the role of history of economics within the economics discipline. In it I also canvass six arguments that try to capture the cost to economics (understood as a science) for sidelining the history of economics from within the discipline. A sub-text of the introduction is that for contingent reasons, post World War II economics evolved into a policy science. Second, by drawing on the work of Kenneth Boulding, in particular, George Soros, Thomas Merton, Gordon Tullock, I distinguish between four species of reflexivity. These are used to then strengthen the argument for the constitutive role of the history of economics within the economics profession. In particular, I argue that so-called Kuhn-losses are especially pernicious when faced with policy choices under so-called Knightian uncertainty. (shrink)
Despite the centrality of the idea of history to Dewey's overall philosophical outlook, his brief treatment of philosophical issues in history has never attracted much attention, partly because of the dearth of the available material. Nonetheless, as argued in this essay, what we do have provides for the outlines of a comprehensive pragmatist view of history distinguished by an emphasis on methodological pluralism and a principled opposition to thinking of historical knowledge in correspondence terms. The key conceptions (...) of Dewey's philosophy of history outlined in this paper -- i.e. historical constitution of human nature, constructivist ontology of historical events, as well as the belief that the proper form of historical judgments is underwritten by the category of continual change -- are discussed with a view to the current challenges in philosophy of history, e.g. the contest between naturalism and rationalism, objectivity and relativism, questions surrounding the function of narrative in history, and the relationship of history to the problems of identity and self-knowledge. The intended upshot of the essay is to suggest that Dewey's brief yet substantial analysis may be capable of supplying the guiding principles for articulating a viable and promising pragmatist (and naturalist) conception of historical knowledge. (shrink)
Montesquieu's The Spirit of the Laws (1748) illuminates the many factors that affect human behaviour and hence constrain the capacity for self-guided action, but his work also contains a defence of this capacity in his treatment of the soul. Yet Montesquieu also thought it important to establish reliable limits on human action so as to protect political liberty, and he looked to the constitutional traditions of particular peoples for standards of right that would provide effective checks on individuals and (...) political powers without fundamentally eroding the animating power of the soul. Together Montesquieu's concept of the soul and use of history point to a nascent form of limited human agency, one that balances the elements of determinism present in his new scientific approach to politics and society. (shrink)
The German ethnologist Gustav Klemm (1802–67) occupies a rather problematic position in the history of ideas, alternately hailed as a seminal figure in the development of concepts of race and culture, or belittled as a rather derivative marginal thinker. This article seeks to clarify Klemm's significance by rooting his theories in their contemporary intellectual and social context. It argues that his system, a linear model of human development driven by the interworkings of race and culture, grew from an attempt (...) to synthesize Enlightenment notions of universal progress with major shifts of the mid-nineteenth century, including experiences of dramatic social, political and technological change, commitments to constitutional liberalism, and changes in contemporary ethnology and museology. His works therefore illustrate the complex manners in which ideas of heredity, environment, civilization, development and gender could be blended in this often neglected period, and how their meanings and implications altered as syntheses were built. (shrink)
I examine the consistency of Kant's notion of moral progress as found in his philosophy of history. To many commentators, Kant's very idea of moral development has seemed inconsistent with basic tenets of his critical philosophy. This idea has seemed incompatible with his claims that the moral law is unconditionally and universally valid, that moral agency is noumenal and atemporal, and that all humans are equally free. Against these charges, I argue not only that Kant's notion of moral development (...) is consistent, but also that the assumption of the possibility of moral progress is indispensible for Kant's moral theory. (shrink)
History, Philosophy and Science Teaching argues that science teaching and science teacher education can be improved if teachers know something of the history and philosophy of science and if these topics are included in the science curriculum. The history and philosophy of science have important roles in many of the theoretical issues that science educators need to address: the goals of science education; what constitutes an appropriate science curriculum for all students; how science should be taught in (...) traditional cultures; what integrated science is; how scientific literacy can be promoted; and the conflict which can occur between science curriculum and deep-seated religious or cultural values and knowledge. In part, answers to these questions hinge on views about the nature of science, views that are best informed by historical and philosophical study. Outlining the history of liberal, or contextual, approaches to the teaching of science, Michael Matthews elaborates contemporary curriculum developments that explicitly address questions about the nature and the history of science. He provides examples of classroom teaching and develops useful arguments on constructivism, multicultural science education and teacher education. The book will appeal to school and university science teachers, educators of science teachers, and historians and philosophers of science. (shrink)
The aim of this paper is to argue that Kant's philosophy of biology has crucial implications for our understanding of his philosophy of history, and that overlooking these implications leads to a fundamental misconstruction of his views. More precisely, I will show that Kant's philosophy of history is modelled on his philosophy of biology due to the fact that the development of the human species shares a number of peculiar features with the functioning of organisms, these features entailing (...) important methodological characteristics. From this main claim will follow three further claims: (1) Kant's teleological view of history is not simply based on ethical considerations that have to do with the moral progress of the human species; rather, it stems from his conception of teleology as developed in his philosophy of biology. (2) Kant's philosophy of history allows for the practice of scientific history. In this sense, Kant's view of history is not merely teleological but involves a mechanical (and thus empirical) element. (3) Just as teleology is useful for furthering mechanical accounts of biological phenomena, teleological history is useful for scientific history. (shrink)
The Genealogy takes a historical form. But does the history play an essential role in Nietzsche's critique of modern morality? In this essay, I argue that the answer is yes. The Genealogy employs history in order to show that acceptance of modern morality was causally responsible for producing a dramatic change in our affects, drives, and perceptions. This change led agents to perceive actual increases in power as reductions in power, and actual decreases in power as increases in (...) power. Moreover, it led agents to experience negative emotions when engaging in activities that constitute greater manifestations of power, and positive emotions when engaging in activities that reduce power. For these reasons, modern morality strongly disposes agents to reduce their own power. Given Nietzsche’s argument that power has a privileged normative status, these facts entail that we have a reason to reject modern morality. (shrink)
What are the relationships between philosophy and the history of philosophy, the history of science and the philosophy of science? This selection of essays by Lorenz Krüger (1932-1994) presents exemplary studies on the philosophy of John Locke and Immanuel Kant, on the history of physics and on the scope and limitations of scientific explanation, and a realistic understanding of science and truth. In his treatment of leading currents in 20th century philosophy, Krüger presents new and original arguments (...) for a deeper understanding of the continuity and dynamics of the development of scientific theory. These result in significant consequences for the claim of the sciences that they understand reality in a rational manner. The case studies are complemented by fundamental thoughts on the relationship between philosophy, science, and their common history. (shrink)
I show the sense in which the concept of history as a human science affects our theory of the natural sciences and, therefore, our theory of the unity of the physical and human sciences. The argument proceeds by way of reviewing the effect of the Darwinian contribution regarding teleologism and of post-Darwinian paleonanthropology on the transformation of the primate members of Homo sapiens into societies of historied selves. The strategy provides a novel way of recovering the unity of the (...) sciences: by construing the physical sciences themselves as human sciences - and, therefore, as themselves historied. (shrink)
Abstract In this essay I trace the role of history in the philosophy of art from the early twentieth century to the present, beginning with the rejection of history by formalists like Clive Bell. I then attempt to show how the arguments of people like Morris Weitz and Arthur Danto led to a re-appreciation of history by philosophers of art such as Richard Wollheim, Jerrold Levinson, Robert Stecker and others.