Publicity and Judgment: The Political Theory Behind Kantian Aesthetics

Dissertation, University of California, Berkeley (1995)
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Abstract

This dissertation evaluates the efforts of modern philosophers of aesthetics and politics to distinguish judgment from both cognition and volition. To see the rule under which any given particular is to be subsumed as a law fabricated and imposed by either God or reason is to characterize free judgment in terms of sovereignty. This generates the skeptical dilemma of an infinite regress of the legitimacy of the rule's application that can only be avoided by seeing the act of judgment as an act of will. Such a voluntarist account of politics and judgment must in the end deny plurality for identity, and efface the categorical Aristotelian distinction between the public and the private. The rejection of the teleology of publicity is thus tied to the collapse of phronesis back into a Platonic techne that strives to produce society and man in the image of the eidos. ;Three "solutions" to this aporia are considered. The first is Hannah Arendt's appropriation for politics of Kant's aesthetic judgment, which allows for categorical distinctions between the public and the private and between judgment and the observance of rules. This project fails on account of the extreme formalism of that aesthetics. The second reads the third Critique as an allegory of politics. This too fails, as Kant's aesthetic community relies upon the productive legislation of the genius, a figure whose lineage reaches back to the half divine, half bestial figure of Machiavelli's founding prince. The third is a direct return to Aristotle. While his ethical philosophy offers us our best account of phronesis and epieikeia, it does not sufficiently engage the motivations for its own rejection. Hobbes, Locke, and Kant were not so taken with the model of mechanistic science that they simply forgot that in their common lives they regularly made judgments without the implicit or explicit guidance of a rule. The modern is better seen as a Weltanschauung, less a description that might be right or wrong than a desire. The alternative to the aporia of judgment is not found in the aesthetic but in a Wittgensteinian form of philosophical therapy

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