This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines Kantianism (...) with distributive rather than corrective justice.Central to the Kantian approach is the impermissibility of self-preference. The two types of self-preference, self-preference in conception and self-preference in action can respectively account for the objective standard and the Learned Hand test, which are the two most characteristic features of negligence and which are generally (and wrongly) considered to be inescapably aggregative. This corrective justice conception of the negligence standard can then be compared to Epstein's corrective justice conception of strict liability, and arguments can be offered in favour of the superiority of the former. (shrink)
Plato's Crito is not a treatise on obedience to the law, but a dialogue whose interpretation is not determined by its surface meaning. The initial dream is not mere ornamentation; rather it points to the range of possibilities in Socrates' situation. The speeches of the Laws, with which the dialogue closes, are not intended to be philosophically cogent, since they are inconsistent with the principles laid out in the preceding conversation between Socrates and Crito. The arguments of the Laws are (...) rather directed towards Crito, Socrates' decent and unphilosophic friend. (shrink)
This paper characterises Deleuze and Guattari's conception of the majoritarian subject in A Thousand Plateaus as a particular – and inevitably transitory – manifestation of sexed and gendered subjectivity emerging with late capitalism from the always mutating flows of creative life and suggests that their notion of the schizo or nomadic subject can inspire feminist solutions to the impasses posed by contemporary forms of sexed, gendered, and sexual identity. Feminism can thus be conceived as a schizoanalytic practice that fosters the (...) kind of alternative subjects for which Deleuze and Guattari call: subjects that move beyond oppressive self–other relations towards a form of subjectivity that can welcome differences as well as the differentiating force of life itself. (shrink)
If Kant’s theory of justice is known for one thing, it is for offering a vision of a perfectly just society that is utterly disconnected from the imperfect societies that we occupy. The purity of Kant’s account has attracted criticism from those who claim that if a theory of justice is to be practical, it must offer more than a vision of a perfectly just society. It must also explain how existing societies mired in injustice are to be brought into (...) ever-closer conformity with the ideal that justice prescribes. In this essay, I will argue that this is exactly what Kant’s mature legal and political theory offers. To discern this feature of Kant’s theory, a neglected component must be integrated into his broader framework. This component is what Kant refers to in Toward Perpetual Peace as a permissive law of public right. (shrink)
Correlativity and personality -- The disintegration of duty -- Remedies -- Gain-based damages -- Punishment and disgorgement as contract remedies -- Unjust enrichment -- Incontrovertible benefit in Jewish law -- Poverty and property in Kant's system of rights -- Can law survive legal education?
A detailed chronology is offered for the writing of Frege's central philosophical essays from the early 1890s. Particular attention is given to (the distinction between) Sinn and Bedeutung. Suggestions are made as to the origin of the examples concerning the Morning Star/Evening Star and August Bebel's views on the return of Alsace-Lorraine. Likely sources are offered for Frege's use of the terms Bestimmungsweise, Art des Gegebenseins and Sinn und Bedeutung.
This paper is based on a research conducted between 2004 and 2006 and dealing with the memories of women in a steel valley struck by depression since the seventies, in the North-Eastern part of France. The imagery of steel-producing Lorraine coalesced in a rather standardized way around the figure of the steelworker working at the blast furnace. This research and the exhibition which followed from it, highlighted the activities of women, in the working place as well as in the (...) domestic realm and in community or political movements. It thus contributes to a more complex imagining and less androcentric perspective on the ironworks past of the Lorraine region. (shrink)
: I briefly reprise a few themes of my bookMoral Understandingsin order to address some questions about responsibility and justification. I argue for a thoroughly situated and naturalized view of moral justification that warns us not to take moral universalism too easily at face value. I also argue for the significance of reports of experience, among other kinds of empirical evidence, in testing the habitability of moral forms of life.