We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political (...) coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection. (shrink)

In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should (...) we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government.The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal. (shrink)

In The Democratic Horizon: Hyperpluralism and the Renewal of Political Liberalism, Alessandro Ferrara seeks a philosophical breakthrough from what looks like it could be a pending dead-end for democracy. The best hope, Ferrara superbly maintains, lies through an extension or updating – a “renewal,” as he calls it – of lines of thought bequeathed to us, by John Rawls and others, under the name of political liberalism. Somewhere near the crux of Ferrara’s reflection stands a class of institutional fixtures whose (...) name is missing from his title. I mean the class “constitution.” I use that word to name a country’s scriptural basic law, its publicly cognizable corpus of canonically worded sentences ordaining the country’s basic institutional framework. My suggestion will be that it is no less tellingly a “constitutional” than a “democratic” horizon that Ferrara’s work, in conjunction with Rawls’s, shows us to be facing. (shrink)

John Rawls proposed, as what he called “the liberal principle of legitimacy,” that coercive exercises of political power can be justified to free and equal dissenters when “in accordance with a constitution (written or unwritten) the essentials of which all citizens, as reasonable and rational, can endorse.” Does “unwritten constitution” there refer to norms of constitutional import, but that subsist only as custom, not as law? To norms that subsist as common law but not as code law? To empirical regularities (...) of political practice, as opposed to normative rules and standards? Which interpretation is best? (shrink)

In a modern, plural society, there can be no settled agreement on the concrete legal content of a country's constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal‐minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on “constitutional patriotism,” a consciously shared sentiment arising from an ethical assessment of their country by the country's people, according to which the country credibly pursues a certain regulative (...) political ideal for which the constitution stands. (shrink)

The question of what is truly just in the matter of a country's currently established human-rights interpretations appears not to be the same as the question of what it is morally right to do by way of coercively effectuating a given set of such interpretations. There are grounds for contending that acts of support for a coercive political regime can be justified morally on the condition that the regime's prevailing human-rights interpretations are made continuously available to effective, democratic critical re-examination. (...) However, it is not possible ever finally to know whether that condition is satisfied. (shrink)

The term “judicial restraint,” applied to courts engaged in judicial constitutional review, may refer to any one or more of three possible postures of such courts, which we here will distinguish as “quiescent,” “tolerant,” and “weak-form.” A quiescent court deploys its powers sparingly, strictly limiting the agenda of social disputes on which it will pronounce in the constitution’s name. A tolerant court confirms as valid laws whose constitutional compatibility it finds to be reasonable sustainable, even though it independently would conclude (...) to the contrary. A weak-form court acts on the understanding that its pronouncements on matters constitutional will be duly open to considered rejection by other political agencies. Theory commonly tends to treat the question of judicial restraint as turning on a bedrock political value of democracy. We may also, however, understand debates over judicial restraint in the light of a different bedrock value, that of political legitimacy. Where democracy is the focal concern, debaters may tend toward conflating into one measure the three dimensions of judicial restraint. A focus on legitimacy rather tends toward a dis-bundling of the three dimensions, thus complicating the choices while also clarifying the stakes. The political philosophy of John Rawls helps us to see how and why this occurs. (shrink)

Jeremy Shearmur's consequentialist argument for universality in the distribution of individual ?negative?; liberties claims that what is gained as a consequence of extending such liberties to the last hitherto excluded group is likely to outweigh what is lost by doing so. In trying to make such a claim convincing, does it help to notice that whoever is denied negative liberties is thereby impeded from contributing to social dialogue about the arts and ethics of human well?being? Perhaps, but only on two (...) conditions: First, we understand individual identities as intersubjectively constituted. Second, we pursue universality in the distribution of social requisites of dialogic competence beyond negative liberties. (shrink)

Prescriptive political and moral theories contain ideas about what human beings are like and about what, correspondingly, is good for them. Conceptions of human “nature” and corresponding human good enter into normative argument by way of support and justification. Of course, it is logically open for the ratiocinative traffic to run the other way. Strongly held convictions about the rightness or wrongness, goodness or badness, of certain social institutions or practices may help condition and shape one's responses to one or (...) another set of propositions about what people are like and what, in consequence, they have reason to value. (shrink)

I address Frank Michelman’s recent attempts to dispel the notion that there are deep tensions between a liberal approach to constitution making and a resolute commitment to fighting poverty, i.e., to holding what he calls ‘social liberalism’. He focuses on the prima facie tension between anti-poverty struggle on the part of government and the existence of a property clause in a constitution, a tension that several commentators in South Africa have contended requires removing that clause from its Constitution. (...) In reply, Michelman argues that in the final analysis there need be no principled conflict between the two, which implies that amending the South African Constitution is unnecessary and perhaps even unwise. I provide reason to think that Michelman’s attempted resolution is incomplete, and suggest plausible ways to understand the legal function of a property clause in a liberal constitutional order beyond those Michelman addresses that can also help to resolve the apparent tension between it and a concerted effort to reduce poverty. (shrink)

Die {raquo}Revolution der Denkart{laquo} hat nicht nur den Anlauf genommen, welchem sie ihren Namen verdankt.! Gezahlt werden noch weitere Umstellungen der Theorie bildung als bloG die kopernikanische Kants. Hier interessieren gleich zwei. Die eine liefert den Gegenstand, die entsprechende, RevolutionPhanomenologie.

Does the universe embody beautiful ideas? Artists as well as scientists throughout human history have pondered this "beautiful question." With Nobel laureate Frank Wilczek as your guide, embark on a voyage of related discoveries, from Plato and Pythagoras up to the present. Wilczek's groundbreaking work in quantum physics was inspired by his intuition to look for a deeper order of beauty in nature. In fact, every major advance in his career came from this intuition: to assume that the universe (...) embodies beautiful forms, forms whose hallmarks are symmetry--harmony, balance, proportion--and economy. There are other meanings of "beauty," but this is the deep logic of the universe--and it is no accident that it is also at the heart of what we find aesthetically pleasing and inspiring. As he reveals here, this has been the heart of scientific pursuit from Pythagoras, the ancient Greek who was the first to argue that "all things are number," to Galileo, Newton, Maxwell, Einstein, and into the deep waters of twentieth-century physics. Gorgeously illustrated, A Beautiful Question is a mind-shifting book that braids the age-old quest for beauty and the age-old quest for truth into a thrilling synthesis. Yes: the world is a work of art, and its deepest truths are ones we already feel, as if they were somehow written in our souls.--From publisher description. (shrink)

One of our great contemporary scientists presents ten insights that illuminate what every thinking person needs to know about what the world is and how it works. Nobel Prize winner Frank Wilczek's Fundamentals is built around a simple but profound idea: the models of the world we construct as children are practical and adequate for everyday life, but they do not bring in the surprising and mind-expanding revelations of modern science. To do that, we must look at the world (...) anew, combining clear thinking with an openness to wonder. This "born again" world is in many ways larger, fuller, and much stranger than it appears. Through an exploration of space, time, matter, and ideas--and equipped with facts, questions, and brilliant speculations--Wilczek guides us through the past, present, and future of fundamental science. Readers will emerge with an expanded vision of our universe. Author Bio: Frank Wilczek won the Nobel Prize in Physics in 2004 for work he did as a graduate student. He was among the earliest MacArthur fellows, and has won many awards both for his scientific work and his writing. He is the author of A Beautiful Question, The Lightness of Being, Fantastic Realities, Longing for the Harmonies, and hundreds of articles in leading scientific journals. His "Wilczek's Universe" column appears regularly in the Wall Street Journal. Wilczek is the Herman Feshbach Professor of Physics at the Massachusetts Institute of Technology, founding director of the T. D. Lee Institute and chief scientist at the Wilczek Quantum Center in Shanghai, China, and a distinguished professor at Arizona State University and Stockholm University. (shrink)

An argument for the inclusion of the human perspective within science and how it makes science possible.

**** Reprint of the Indiana U. Press edition of 1966--which is cited in BCL3. Annotation copyright by Book News, Inc., Portland, OR.

Although declarations of the death of God seem to be provocations announcing the end of the era of theology, this announcement is actually central to the Christian revelation in its most classic forms, as well as to its reworkings in contemporary religious thought. Indeed provocative new possibilities for thinking theologically open up precisely in the wake of the death of God. Already Hegel envisaged a revolutionary new realization of divinity emerging in and with the secular world through its establishment of (...) a total order of immanence. However, in postmodern times this comprehensive order aspired to by modern secularism implodes or cracks open towards the wholly Other. A hitherto repressed demand for the absolute difference of the religious, or for “transcendence”, returns with a vengeance. This difference is what could not be stated in terms of the Hegelian System, for reasons that poststructuralist writers particularly have insisted on: all representations of God are indeed dead. Yet this does not mean that they cannot still be powerful, but only that they cannot assign God any stable identity. Nietzsche’s sense of foreboding concerning the death of God is coupled with his intimations of the demise of representation and “grammar” as epistemologically bankrupt, but also with his vision of a positive potential for creating value in the wake of this collapse of all linguistically articulated culture. He points the way towards the emergence of a post-secular religious thinking of what exceeds thought and representation. (shrink)

Der Übergang vom Verhältnisbewußtsein zum Selbstbewußtsein kann unmöglich nur vom Verhältnisbewußtsein aus gedacht werden, weil wir uns eine Welt, in der das Bewubtsein unserer selbst verteilt ist auf die Dimensionen der Handlung vor deren Zentrierung in uns, gar nicht vorstellen können. Jedes Tableau der Handlungsmöglichkeiten, so abstrakt es auch abgefaßt sein mag, ist gebunden an Vorstellungen möglicher Handlungssubjekte, denen wir Handlungsmöglichkeiten zuschreiben. Handlungstheorie ist daher notwendig Reflexion unserer Praxis, in der wir uns selbst als Selbstbewußtsein erfahren, das seinem Verhältnisbewubtsein enthoben (...) ist, ohne dieses dadurch selbst schon aufzuheben zu können. Daß uns Freiheit im Handeln unaufhebbar prekär und problematisch bleiben mub, ist die Grundvoraussetzung dafür, dab wir Handlungstheorien historisch und bereichsbezogen ständig neu entwerfen müssen. Das Verhältnis von Handlungsphilosophie zu Handlungstheorien kann daher so gefaßt werden, daß Handlungsphilosophie die Grundbegrifflichkeit in kritischer Absicht bereitstellt, die den bereichsorientierten, mehr oder weniger deskriptiven Handlungstheorien abgehen muß. Dazu muß die ontologische Differenz von Handlung und Interpretation methodologisch ernst genommen werden. Die radikale Andersheit der hier zu begründenden Konzeption liegt vor allem in der Ansicht, daß Handlungen nicht als isolierbare Ereignis-Entitäten aufgefaßt werden können, die gegenüber der »Welt der Tatsachen des Bewußtseins« eine kausale, d.h. von der Welt des Bewußtseins abgetrennte Rolle übernehmen. (shrink)

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

The A to Z of Existentialism explains the central claims of existentialist philosophy and the contexts in which it developed into one of the most influential intellectual trends of the 20th century. This is done through a chronology, an introductory essay, a bibliography, and more than 300 cross-referenced dictionary entries offering clear, accessible accounts of the life and thought of major existentialists like Jean-Paul Sartre, Martin Heidegger, Martin Buber, Karl Jaspers, Gabriel Marcel, Simone de Beauvoir, Albert Camus, and Maurice Merleau-Ponty, (...) as well as thinkers influential to its development such as Wilhelm Dilthey, Henri Bergson, Edmund Husserl, and Max Scheler. (shrink)

Commonly accepted dictates of morality clash with the a priori laws of free economic competition. These divergent directives — that stem from the essence of their sources and cannot be changed or negated without altering their sources — contradict each other and so set up conflicts of the most fundamental kind in men's psyches (or souls). In addition, this clash of moralities implies a most serious question respecting real freedom under a system of so-called free-enterprise. For, if in order to (...) thrive, we must perform actions that at the same time violate our own moral self respect, we cannot call ourselves free. (shrink)

Frank Ramsey was the greatest of the remarkable generation of Cambridge philosophers and logicians which included G. E. Moore, Bertrand Russell, Ludwig Wittgenstein and Maynard Keynes. Before his tragically early death in 1930 at the age of twenty-six, he had done seminal work in mathematics and economics as well as in logic and philosophy. This volume, with a new and extensive introduction by D. H. Mellor, contains all Ramsey's previously published writings on philosophy and the foundations of mathematics. The (...) latter gives the definitive form and defence of the reduction of mathematics to logic undertaken in Russell and Whitehead's Principia Mathematica; the former includes the most profound and original studies of universals, truth, meaning, probability, knowledge, law and causation, all of which are still constantly referred to, and still essential reading for all serious students of these subjects. (shrink)

In this paper, I consider the relationship between Inference to the Best Explanation and Bayesianism, both of which are well-known accounts of the nature of scientific inference. In Sect. 2, I give a brief overview of Bayesianism and IBE. In Sect. 3, I argue that IBE in its most prominently defended forms is difficult to reconcile with Bayesianism because not all of the items that feature on popular lists of “explanatory virtues”—by means of which IBE ranks competing explanations—have confirmational import. (...) Rather, some of the items that feature on these lists are “informational virtues”—properties that do not make a hypothesis \ more probable than some competitor \ given evidence E, but that, roughly-speaking, give that hypothesis greater informative content. In Sect. 4, I consider as a response to my argument a recent version of compatibilism which argues that IBE can provide further normative constraints on the objectively correct probability function. I argue that this response does not succeed, owing to the difficulty of defending with any generality such further normative constraints. Lastly, in Sect. 5, I propose that IBE should be regarded, not as a theory of scientific inference, but rather as a theory of when we ought to “accept” H, where the acceptability of H is fixed by the goals of science and concerns whether H is worthy of commitment as research program. In this way, IBE and Bayesianism, as I will show, can be made compatible, and thus the Bayesian and the proponent of IBE can be friends. (shrink)

In this paper, I offer an analysis of the radical disagreement over the adequacy of string theory. The prominence of string theory despite its notorious lack of empirical support is sometimes explained as a troubling case of science gone awry, driven largely by sociological mechanisms such as groupthink (e.g. Smolin 2006). Others, such as Dawid (2013), explain the controversy by positing a methodological revolution of sorts, according to which string theorists have quietly turned to nonempirical methods of theory assessment given (...) the technological inability to directly test the theory. The appropriate response, according to Dawid, is to acknowledge this development and widen the canons of acceptable scientific methods. As I’ll argue, however, the current situation in fundamental physics does not require either of these responses. Rather, as I’ll suggest, much of the controversy stems from a failure to properly distinguish the “context of justification” from the “context of pursuit”. Both those who accuse string theorists of betraying the scientific method and those who advocate an enlarged conception of scientific methodology objectionably conflate epistemic justification with judgements of pursuit-worthiness. Once we get clear about this distinction and about the different norms governing the two contexts, the current situation in fundamental physics becomes much less puzzling. After defending this diagnosis of the controversy, I’ll show how the argument patterns that have been posited by Dawid as constituting an emergent methodological revolution in science are better off if reworked as arguments belonging to the context of pursuit. (shrink)

We develop a Bayesian framework for thinking about the way evidence about the here and now can bear on hypotheses about the qualitative character of the world as a whole, including hypotheses according to which the total population of the world is infinite. We show how this framework makes sense of the practice cosmologists have recently adopted in their reasoning about such hypotheses.

This article rebuts Ramsey's earlier theory, in 'Universals of Law and of Fact', of how laws of nature differ from other true generalisations. It argues that our laws are rules we use in judging 'if I meet an F I shall regard it as a G'. This temporal asymmetry is derived from that of cause and effect and used to distinguish what's past as what we can know about without knowing our present intentions.