The debate on ideal theory focuses mainly on whether it can provide a long-term target and a metric for assessing the justice of different institutional arrangements in non-ideal theory. Both critics and defenders of ideal theory typically overlook the role it plays in a model of fairness that can restrict the range of permissible arrangements under non-ideal conditions. In this paper, I explain ideal theory’s fairness role and its part in ensuring an (...) institutional structure that benefits everyone in a society. Critics of ideal theory therefore cannot reject it as simply useless. But I consider how they can question the attractiveness of an ideal-theory-based fairness constraint on non-ideal theory. (shrink)

This chapter contains sections titled: Justice as Fairness and Property‐Owning Democracy Part One: Property‐Owning Democracy: Theoretical Foundations Part Two: Interrogating Property‐Owning Democracy: Work, Gender, Political Economy Part Three: Toward a Practical Politics of Property‐Owning Democracy: Program and Politics References.

I argue that Tomasi’s most fundamental “bleeding heart libertarian” insights are not adequately served by Rawls’s lexical framework and his idealized theory of institutional choice. Perhaps paradoxically, using Rawls’s lexical framework to articulate Tomasi’s declared concerns for both economic liberty and “social justice” gives the latter concern very little weight. For that reason, Tomasi’s own objections against classical liberalism would ultimately apply to his own positive contribution as well: the satisfaction of a distributional adequacy condition is secured on (...) class='Hi'>purely contingent grounds. Furthermore, Tomasi’s endorsement of Rawls’ conception of the first tasks of political philosophy might render his case for laissez-faire forms of capitalism immaterial. This is because Rawls fails to appreciate the very narrow theoretical relevance of identifying institutional arrangements purely as a matter of “ideal theory”. Feasibility concerns have always been an important element in the classical liberal critique of interventionist and redistributive politics. Yet they have invariably failed to be featured, in any theoretically prominent way, within the most philosophically oriented defenses of the classical liberal order. A formulation of bleeding heart libertarianism along Rawlsian lines would be equally wanting in this regard. (shrink)

The ideal of distributive justice as a means of ensuring fair distribution of social opportunities is a cornerstone of contemporary feminist theory. Feminists from various disciplines have developed arguments to support the redistribution of the work of care through institutional mechanisms. I discuss the limits of such distribution under the conditions of theories that do not idealize human agents as independent beings. People’s reliance on care, understood as a response to needs, is pervasive and infuses almost all human (...) interaction. I argue that the effect of care on shaping the social opportunities of all individuals is huge, although often invisible. Much of the optimism of theories of distributive justice comes from ignoring or downplaying the way in which care influences most factors of social success. Jonathan Wolff distinguished between three types of resources whose fair distribution is important: internal, external and structural. Care, I argue, does not fit well in any of these types. Inseparably interwoven with relational realities, care cuts across these categories and thus poses a challenge to the feasibility of equal chances. I focus on the under-analyzed issue of bad care and show how difficult it is to dismantle legacies of bad care. Their effect on even close-to-ideal social arrangements is too significant to be disregarded, yet very difficult to tackle through institutional mechanisms. A commitment to certain elements of individual ethics – as opposed to merely political institutions – is required in order to bridge the gap between ideal theories of justice and feasible practical aims. (shrink)

John Rawls tells at the start of A Theory of Justice that his theory is intentionally constrained in two ways: it is ideal and focuses on the justice of the basic structure of society. This chapter begins by evaluating Rawls's claim that ideal theory sets the target of reform for nonideal theory, whose task it is to work out what to do “under less happy conditions.” It states that it is unclear just when ideal theory can inform (...) the priorities of nonideal theory. The chapter also presents discussions on whether the ideal theory is utopian and concessive to human nature. Even the kind of nonideal theory that delivers concrete action‐guidance for “us” remains unhelpfully ideal if it does so merely in the form of policies or institutional arrangements. (shrink)

The paper honors Heda Festini; it’s first part contains author’s personal memories of Heda. The central part of the paper addresses a favorite author of Heda Festini, Franjo Petrić, and his Utopia The Happy City-State. It then places the utopian construction on the map of contemporary understanding of political theorizing. Utopias, like the one due to Petrić, result from thought-experimenting; in contrast to purely epistemic thought-experiments they are geared to “guidance”, as Petrić puts it, namely advice giving and persuading. (...) Political thought-experimenting can be understood to a large extent as work in ideal theorizing; a matter little noticed in the literature. Classical cases cover “ideal theory” in the sense of given, non-temporal arrangement; “ideal” either in a very limited sense of strict compliance (Rawls), or in a wider sense of normatively marked properties, not instantiated in actual political reality. Platonic tradition belongs to a third genus, “ideal” in the sense of recommended end-state; Utopias add to this theoretical quality the dimension of “guidance”, so that they are motivational, time-related ideal theories. The paper depicts these relations between thought-experimenting as a wider genus, and ideal theorizing as its prominent political-philosophical sub-species. The paper is thus a tribute to Heda Festini who helped me find my way to analytic theorizing, and help analytic philosophy to start serious institutional life in our native Croatia. (shrink)

When reading contemporary theories of distributive justice, one could easily get the impression that questions of fiscal design are normatively speaking merely instrumental for realizing the distributive ideal. Once the overall conception of justice is settled upon, questions of how the state should arrange its institutions and policies are settled if they effectively and efficiently promote the preferred distribution. I argue that such pure instrumentalism is mistaken in the context of fiscal policy. As a result, there is nothing problematic (...) or morally arbitrary about accepting domain-specific principles of fiscal justice. (shrink)

:The ideal of public justification holds, at a minimum, that the most fundamental political and legal institutions of a society must be publicly justified to each of its members. This essay proposes and defends a new account of this ideal. The account defended construes public justification as an ideal of rational justification, one that is grounded in the moral requirement to respect the rational agency of persons. The essay distinguishes two kinds of justifying reasons that bear on (...) politics and shows how they inform the ideal of public justification. It also decouples public justification from contractualist political morality. The result is a novel account of public justification that departs markedly from how the ideal is commonly characterized, but shows how it retains its distinctiveness as an ideal of politics. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:William James, W. E. B. Du Bois, and the Art of New Religious IdealsKolby Knight (bio)And I don’t know a soul who’s not been batteredI don’t have a friend who feels at easeI don’t know a dream that’s not been shatteredOr driven to its knees...Oh, and it’s alright, it’s alright, it’s alrightYou can’t be forever blessedStill, tomorrow’s going to be another working dayAnd I’m trying to get some restThat’s (...) all, I’m trying to get some rest—Paul Simon, “American Tune” (1973) / Recreated by Allen Toussaint (2016)William James and W. E. B. Du Bois believed that an artful life could produce new and world-changing religious ideals. As cosmopolitan scholars who studied in the United States and Europe, both men confidently interlaced original interpretations of Shakespeare, Wagner, and Goethe into their academic accounts of individual and social behavior. Beyond their patronage of the arts, James and Du Bois also saw themselves as scientists and artists who had the responsibility to create new pathways and religious ideals at a time when many European and American intellectuals depicted Western civilization as the endpoint of history.This article explores the pragmatic visions of science, art, and religion respectively offered by James and Du Bois. Pragmatism, here, refers to an active mode of study that looks closely at the interaction between specific thoughts and behaviors in particular situations without assuming a standard of truth which influences or evaluates human life from the outside of experience. As pragmatists, James and Du Bois did not believe their work consisted of merely the explication and description of preexisting truths, but more importantly the religious creation of what James called “new facts,” including healthier habits of thought and practice.1 [End Page 71]In this article, I will trace how the two men, as religious naturalists and leaders in the development of a pragmatic social science at the turn of the twentieth century, challenged evolutionary theories which envisioned Western civilization as the highest standard of aesthetic and intellectual development. Part one demonstrates how James, as a psychologist who prioritized the study and development of “first-hand” experiences, worked against visions of science that saw “lower” emotions as a hindrance to impartial intellectual discovery. It also explores how James centered personal religious experiences in his effort to de-center “impersonal” scientific frameworks which depicted human behavior and thinking as beholden to evolutionary laws which transcended individual experience. Part two considers James’s dissatisfaction with the “bad habits” of his privileged intellectual class, and how his own experience of “soul-sickness” and “stage fright” led him to contest both celebratory histories of Western progress and institutional arrangements which juxtaposed his “mystifying” intellectual performances to the lives of everyday people.Part three moves to how Du Bois, as a sociologist and former student of James, refocused James’s religious pragmatism within the context of his experience of anti-Black racism in the United States. This section traces how Du Bois saw his intellectual career as a work of art which could empower Black individuals to see themselves beyond what David Lloyd describes as “the racial regime of aesthetics” which imagines the progress of “lower humans” as dependent on higher civilizational and educational agents. This section also offers a tripartite interpretation of Du Bois’s experience of “double-consciousness” that considers its aesthetic, social, and political dimensions.2 While James expressed a desire to discard his own sense of double-consciousness, Du Bois’s experience of anti-Black racism made his two-ness more enforced and insidious. The fourth section looks at Du Bois’s disillusionment with white standards of beauty and intelligence as an experience akin to what James described as “soul-sickness.” It shows that whereas James believed that his negative emotional experiences could lead him to “new religious ideals” taking shape within the spiritual energy [End Page 72] and discomforts of his own individual body, Du Bois’s negative experience of racism led him to immerse himself in the religious and artistic vitality of Black social worlds which resisted the oppressive mechanisms and caricatures of... (shrink)

Well known as a theorist of law as well as the main drafter of the 1920 Austrian Constitution, Hans Kelsen's contribution to political theory has been paid considerably less attention. Yet not only do his writings on politics offer a significant picture of the 1920s political dilemmas of both the German Weimar Republic and post- war Austria, they also can be of considerable importance for contemporary political theory in as far as Kelsen opens up new perspectives on the links between (...) ethical principles and political institutions. Political institutions rest on ethical principles that define the legitimate expectations that citizens nourish towards them. Such a relationship becomes manifest when claims are raised in public communication. The article aims to sketch the key aspects of Kelsen's political theory, to highlight the historical context in which it was developed, and to highlight the insights that it promises for current political research. (shrink)

This article analyses a hitherto neglected problem at the transition from ideal to non‐ideal theory: the problem of knowledge. Ideal theories often make idealising assumptions about the availability of knowledge, for example knowledge of social scientific facts. This can lead to problems when this knowledge turns out not to be available at the non‐ideal level. Knowledge can be unavailable in a number of ways: in principle, for practical reasons, or because there are normative reasons not to (...) use it. This can make it necessary to revise ideal theories, because the principle of ‘ought implies can’ rules out certain theories, at least insofar as they are understood as action‐guiding. I discuss a number of examples and argue that there are two tendencies that will increase the relevance of this problem in the future: the availability of large amounts of sensitive data whose use is problematic from a normative point of view, and the increasing complexity of an interrelated world that makes it harder to predict the effects of institutional changes. To address these issues, philosophers need to cooperate with social scientists and philosophers of the social sciences. Normative theorising can then be understood as one step in a long process that includes thinkers from different disciplines. Ideal theory can respond to many of the charges raised against it if it is understood along these lines and if it takes the problem of knowledge and its implications seriously. (shrink)

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the theory (...) of second best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

Our world is complex—it is composed of many interacting parts—and this complexity poses a serious difficulty for theorists of social reform. On the one hand, we cannot merely work out ways of ameliorating immediate problems of injustice, because the solutions we generate may interact to set back the achievement of overall long-term justice. On the other, we cannot supplement such problem solving with theorizing about how to make progress towards a long-term goal of ideal justice, because the very interactions (...) that render problem solving unsatisfactory raise insurmountable epistemic difficulties for this latter approach. To accommodate complexity, we must therefore give up on ideal theory, and instead supplement problem solving with a new sort of theorizing that aims to work out how to make our institutional arrangements more progressive: more conducive to further improvements in general, though not necessarily to the achievement of any antecedently specified goal. More concretely, we must identify ways of improving our capacity to flexibly experiment with many promising solutions to problems as they arise, to select for those solutions that prove successful while eliminating those that do not, and to learn from both our successes and our inevitable failures. (shrink)

The strongest arguments for the permissibility of geoengineering (also known as climate engineering) rely implicitly on non-ideal theory—roughly, the theory of justice as applied to situations of partial compliance with principles of ideal justice. In an ideally just world, such arguments acknowledge, humanity should not deploy geoengineering; but in our imperfect world, society may need to complement mitigation and adaptation with geoengineering to reduce injustices associated with anthropogenic climate change. We interpret research proponents’ arguments as an application of (...) a particular branch of non-ideal theory known as “clinical theory.” Clinical theory aims to identify politically feasible institutions or policies that would address existing (or impending) injustice without violating certain kinds of moral permissibility constraints. We argue for three implications of clinical theory: First, conditional on falling costs and feasibility, clinical theory provides strong support for some geoengineering techniques that aim to remove carbon dioxide from the atmosphere. Second, if some kinds of carbon dioxide removal technologies are supported by clinical theory, then clinical theory further supports using those technologies to enable “overshoot” scenarios in which developing countries exceed the cumulative emissions caps that would apply in ideal circumstances. Third, because of tensions between political feasibility and moral permissibility, clinical theory provides only weak support for geoengineering techniques that aim to manage incoming solar radiation. (shrink)

This article asks how people come to interpret themselves and others as autonomous given their multiple dependencies. We draw on a cross-case comparison of ethnographic studies with two populations for whom autonomy is both central and problematic: elderly patients in post-acute care, and young adults with disabilities in an independent living program. Analyzing the institutional efforts to make their clients “as independent as possible,” we find that staff members at each organization formulate autonomy as a temporal project through an (...) ongoing calibration of open futures, ideal pasts, and situational competence. Constantly adjusting and fine-tuning where in time autonomy “really” is, workers arrange present dependence so that the contours of the future remain open for their clients. In other words, they make use of temporal markers to produce recognizable autonomous subjects whose dependencies are momentary. Theorizing this temporal project enables us to see more clearly how all of us engage in the constant business of “doing” autonomy, and to better understand the role of institutions in producing autonomous selves. (shrink)

A restatement of an institutionalist theory of law is attempted with particular reference to legal reasoning and legal rights. Use is made of Ota Weinberger's concept of “practical information”, focusing on both its momentary and diachronic aspects. Momentary practical information corresponds to the need to know which conduct is required of us at a given moment. The diachronic practical information becomes relevant whenever we wish to stabilize the practical information and to reduce the likelihood of change regarding our ways of (...) acting. Furthermore, the momentary information is given sense only against the background of the diachronic one. Among the different types of diachronic practical information particular importance is ascribed to legal “institutions” such as contracts and rights. Legal “institutions” are conceived as founded on various sets of rules. Rules may then increase the number of facts in the world: those special kinds of facts which are represented by social phenomena. (shrink)

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

This paper examines what agents should do when others fail to comply with their responsibilities to prevent dangerous climate change. It distinguishes between six different possible responses to noncompliance. These include what I term (1) 'target modification' (watering down the extent to which we seek to prevent climate change), (2) ‘responsibility reallocation’ (reassigning responsibilities to other duty bearers), (3) ‘burden shifting I’ (allowing duty bearers to implement policies which impose unjust burdens on others, (4) 'burden shifting II’ (allowing some to (...) protect peoples rights in ways which impose otherwise unjustified burdens on the duty bearers, (5) 'compromising moral ideals' (permitting agents to compromise non-justice ideals that they are otherwise bound by); and (6) ‘promoting compliance (implementing policies and creating institutions which reduce noncompliance). It concludes by outlining a methodological framework for evaluating these options, and by setting out my tentative and provisional evaluation of which responses are the least bad. (shrink)

According to the standard story, there are two defensible theories of property rights: historical and institutional theories. The former says that you own something when you’ve received it via an unbroken chain of just transfers from its original appropriation. The latter says that you own something when you’ve been assigned it by just institutions. This standard story says that the historical theory throws up a barrier to redistributive economic policies while the institutional theory does not. In this paper, (...) I argue that the standard story is wrong in almost every detail. For a start, neither of these theories are defensible. Both generate absurd consequences when combined with our non-ideal circumstances. In actuality, no unbroken chains of just transfers stretch from original appropriation to what we now possess. And our actual institutions are very seriously unjust. So both theories imply that we actually own almost nothing. I revise these theories so that they avoid this absurd consequence. Yet, when we do this, their distributive implications flip. The institutional theory throws up serious barriers to redistribution while the historical theory tears them down. In our non-ideal circumstances, the distributive implications of these theories are the opposite of what is standardly presumed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:DHARMA AND DESTRUCTION: BUDDHIST INSTITUTIONS AND VIOLENCE Christopher Ives Stonehill College Photographs ofgentle monks in saffron, the cottageindustry ofbooks on mindfulness, and the Dalai Lama's response to the Chinese invasion of Tibet have all helped portray Buddhism as the "religion of nonviolence." This representation ofBuddhism finds support in Buddhist texts, doctrines, and ritual practices, which often advocate ahimsa, nonharming or non-violence. The historical record, however, belies the portrayal of (...) Buddhism as a "religion of nonviolence." By reinterpreting early doctrines of ahimsa, Buddhist thinkers have legitimated violence in particular situations, practitioners have committed acts of violence, and Buddhist institutions have lent support to other institutions—social, political, and governmental —engaged in violence. In this paper I will examine Buddhist perpetration andjustifications ofviolence,1 with particularfocus on Japan, arguing that, historically, Buddhists' desire for institutional security has taken precedence over total rejection of violence. 1 I have restricted my discussion to the killing of other human beings. I do not consider suicide andthe killing ofnon-human animals. For a discussion ofBuddhism, (self-)sacrifice, and suicide in relation to Girard's theory, see Charles D. Orzech, '"Provoked Suicide' and the Victim's Behavior." 152Christopher Ives Non-violence The doctrine of ahimsa figures prominently in early and Theravadan Buddhism. The first ofthe five moral precepts (panca silani) in Buddhism is ahimsa, and in the Dhammapada the historical Buddha purportedly states, All are afraid of the rod. Of death all are afraid. Having made oneself the example, One should neither slay nor cause to slay. (Ross 202) The Buddhaalso sketches the consequences ofhurting orharming (himsa): Who with a rod does hurt Beings who desire ease [of nibbana], While himself looking for ease— He, having departed, ease does not get. Theravadan monastic codes and practices, such as the uposatha biweekly confession of moral transgressions and recitation of the 227 rules in the Patimokkha (Skt. Pratimoksa), are closely tiedto ahimsa. One ofthe Patimokkha's four "offenses of defeat" (parajika dharmas), for which the punishment is immediate expulsion of the monk or nun from the order, is killing another human being (Prebish 11). Mahayana texts continue this exhortation against violence. For example, in the Dasabhimika-sutra we read that a Buddhist "must not hate any being and cannot kill a living creature even in thought."2 Early Buddhist texts include depictions ofthe ideal Buddhist king, the cakravartin-raja or "monarch who turns the wheel [of the Dharma],"3 as an exemplar of nonviolence. Contemporary Buddhist activist Sulak Sivaraksa expresses it, this king is a "an ideal ruler, a world-conquering monarch, who subdued the earth through righteousness rather than war" (Sulak 129), and whose ten main duties include striving for peace and ruling with nonviolent benevolence (129). For well over 2000 years 2 Cited in Har Dayal, The Bodhisattva Doctrine, p. 199; quoted by Kraft, 5. In much ofthe first section of this paper I am indebted to Ken Kraft's introduction to his volume. 3 The metaphor ofturning the wheel refers to the historical Buddha's teaching ofthe Dharma and the later propagation of it by others. Dharma and Deconstruction153 Buddhists have lifted up Indian king Ashoka (c. 272-236) as an instantiation of this ideal. The early Buddhist doctrine of ahimsa should not, however, be construed as compassionate altruism. Luis Gómez and other scholars have delineated how ahimsa at first did not express some sort of underlying altruistic concern for the well-being of others. Vegetarianism and other ways of avoiding himsa, harming or violence, derived from ancient Indian ritual taboos againstblood and otherbodily liquids (Gómez 36). Buddhists ethicized and psychologized earlier notions of physical pollution, and advocated abstention fromviolenceprimarily as ameans ofself-cultivation, as a way to keep the mind pure, like an unstained cloth (36). (Scholars have even argued that the positive expression oíahimsa, the practice ofdirecting metta (loving-kindness) to others, originally had as much or more to do with the spiritual benefits accrued by the person directing the metta as it did with the well-being of the person receiving it. Only later was ahimsa furtherreinterpreted as positive regard forothers, as seen in the bodhisattva ideal of Mahayana Buddhism. Violence in Buddhist History At numerous times over... (shrink)

Jakob Friedrich Fries (1773-1843): A Philosophy of the Exact Sciences -/- Shortened version of the article of the same name in: Tabula Rasa. Jenenser magazine for critical thinking. 6th of November 1994 edition -/- 1. Biography -/- Jakob Friedrich Fries was born on the 23rd of August, 1773 in Barby on the Elbe. Because Fries' father had little time, on account of his journeying, he gave up both his sons, of whom Jakob Friedrich was the elder, to the Herrnhut Teaching (...) Institution in Niesky in 1778. Fries attended the theological seminar in Niesky in autumn 1792, which lasted for three years. There he (secretly) began to study Kant. The reading of Kant's works led Fries, for the first time, to a deep philosophical satisfaction. His enthusiasm for Kant is to be understood against the background that a considerable measure of Kant's philosophy is based on a firm foundation of what happens in an analogous and similar manner in mathematics. -/- During this period he also read Heinrich Jacobi's novels, as well as works of the awakening classic German literature; in particular Friedrich Schiller's works. In 1795, Fries arrived at Leipzig University to study law. During his time in Leipzig he became acquainted with Fichte's philosophy. In autumn of the same year he moved to Jena to hear Fichte at first hand, but was soon disappointed. -/- During his first sojourn in Jenaer (1796), Fries got to know the chemist A. N. Scherer who was very influenced by the work of the chemist A. L. Lavoisier. Fries discovered, at Scherer's suggestion, the law of stoichiometric composition. Because he felt that his work still need some time before completion, he withdrew as a private tutor to Zofingen (in Switzerland). There Fries worked on his main critical work, and studied Newton's "Philosophiae naturalis principia mathematica". He remained a lifelong admirer of Newton, whom he praised as a perfectionist of astronomy. Fries saw the final aim of his mathematical natural philosophy in the union of Newton's Principia with Kant's philosophy. -/- With the aim of qualifying as a lecturer, he returned to Jena in 1800. Now Fries was known from his independent writings, such as "Reinhold, Fichte and Schelling" (1st edition in 1803), and "Systems of Philosophy as an Evident Science" (1804). The relationship between G. W. F. Hegel and Fries did not develop favourably. Hegel speaks of "the leader of the superficial army", and at other places he expresses: "he is an extremely narrow-minded bragger". On the other hand, Fries also has an unfavourable take on Hegel. He writes of the "Redundancy of the Hegelistic dialectic" (1828). In his History of Philosophy (1837/40) he writes of Hegel, amongst other things: "Your way of philosophising seems just to give expression to nonsense in the shortest possible way". In this work, Fries appears to argue with Hegel in an objective manner, and expresses a positive attitude to his work. -/- In 1805, Fries was appointed professor for philosophy in Heidelberg. In his time spent in Heidelberg, he married Caroline Erdmann. He also sealed his friendships with W. M. L. de Wette and F. H. Jacobi. Jacobi was amongst the contemporaries who most impressed Fries during this period. In Heidelberg, Fries wrote, amongst other things, his three-volume main work New Critique of Reason (1807). -/- In 1816 Fries returned to Jena. When in 1817 the Wartburg festival took place, Fries was among the guests, and made a small speech. 1819 was the so-called "Great Year" for Fries: His wife Caroline died, and Karl Sand, a member of a student fraternity, and one of Fries' former students stabbed the author August von Kotzebue to death. Fries was punished with a philosophy teaching ban but still received a professorship for physics and mathematics. Only after a period of years, and under restrictions, he was again allowed to read philosophy. From now on, Fries was excluded from political influence. The rest of his life he devoted himself once again to philosophical and natural studies. During this period, he wrote "Mathematical Natural Philosophy" (1822) and the "History of Philosophy" (1837/40). -/- Fries suffered from a stroke on New Year's Day 1843, and a second stroke, on the 10th of August 1843 ended his life. -/- 2. Fries' Work Fries left an extensive body of work. A look at the subject areas he worked on makes us aware of the universality of his thinking. Amongst these subjects are: Psychic anthropology, psychology, pure philosophy, logic, metaphysics, ethics, politics, religious philosophy, aesthetics, natural philosophy, mathematics, physics and medical subjects, to which, e.g., the text "Regarding the optical centre in the eye together with general remarks about the theory of seeing" (1839) bear witness. With popular philosophical writings like the novel "Julius and Evagoras" (1822), or the arabesque "Longing, and a Trip to the Middle of Nowhere" (1820), he tried to make his philosophy accessible to a broader public. Anthropological considerations are shown in the methodical basis of his philosophy, and to this end, he provides the following didactic instruction for the study of his work: "If somebody wishes to study philosophy on the basis of this guide, I would recommend that after studying natural philosophy, a strict study of logic should follow in order to peruse metaphysics and its applied teachings more rapidly, followed by a strict study of criticism, followed once again by a return to an even closer study of metaphysics and its applied teachings." -/- 3. Continuation of Fries' work through the Friesian School -/- Fries' ideas found general acceptance amongst scientists and mathematicians. A large part of the followers of the "Fries School of Thought" had a scientific or mathematical background. Amongst them were biologist Matthias Jakob Schleiden, mathematics and science specialist philosopher Ernst Friedrich Apelt, the zoologist Oscar Schmidt, and the mathematician Oscar Xavier Schlömilch. Between the years 1847 and 1849, the treatises of the "Fries School of Thought", with which the publishers aimed to pursue philosophy according to the model of the natural sciences appeared. In the Kant-Fries philosophy, they saw the realisation of this ideal. The history of the "New Fries School of Thought" began in 1903. It was in this year that the philosopher Leonard Nelson gathered together a small discussion circle in Goettingen. Amongst the founding members of this circle were: A. Rüstow, C. Brinkmann and H. Goesch. In 1904 L. Nelson, A. Rüstow, H. Goesch and the student W. Mecklenburg travelled to Thuringia to find the missing Fries writings. In the same year, G. Hessenberg, K. Kaiser and Nelson published the first pamphlet from their first volume of the "Treatises of the Fries School of Thought, New Edition". -/- The school set out with the aim of searching for the missing Fries' texts, and re-publishing them with a view to re-opening discussion of Fries' brand of philosophy. The members of the circle met regularly for discussions. Additionally, larger conferences took place, mostly during the holidays. Featuring as speakers were: Otto Apelt, Otto Berg, Paul Bernays, G. Fraenkel, K. Grelling, G. Hessenberg, A. Kronfeld, O. Meyerhof, L. Nelson and R. Otto. On the 1st of March 1913, the Jakob-Friedrich-Fries society was founded. Whilst the Fries' school of thought dealt in continuum with the advancement of the Kant-Fries philosophy, the members of the Jakob-Friedrich-Fries society's main task was the dissemination of the Fries' school publications. In May/June, 1914, the organisations took part in their last common conference before the gulf created by the outbreak of the First World War. Several members died during the war. Others returned disabled. The next conference took place in 1919. A second conference followed in 1921. Nevertheless, such intensive work as had been undertaken between 1903 and 1914 was no longer possible. -/- Leonard Nelson died in October 1927. In the 1930's, the 6th and final volume of "Treatises of the Fries School of Thought, New Edition" was published. Franz Oppenheimer, Otto Meyerhof, Minna Specht and Grete Hermann were involved in their publication. -/- 4. About Mathematical Natural Philosophy -/- In 1822, Fries' "Mathematical Natural Philosophy" appeared. Fries rejects the speculative natural philosophy of his time - above all Schelling's natural philosophy. A natural study, founded on speculative philosophy, ceases with its collection, arrangement and order of well-known facts. Only a mathematical natural philosophy can deliver the necessary explanatory reasoning. The basic dictum of his mathematical natural philosophy is: "All natural theories must be definable using purely mathematically determinable reasons of explanation." Fries is of the opinion that science can attain completeness only by the subordination of the empirical facts to the metaphysical categories and mathematical laws. -/- The crux of Fries' natural philosophy is the thought that mathematics must be made fertile for use by the natural sciences. However, pure mathematics displays solely empty abstraction. To be able to apply them to the sensory world, an intermediatory connection is required. Mathematics must be connected to metaphysics. The pure mechanics, consisting of three parts are these: a) A study of geometrical movement, which considers solely the direction of the movement, b) A study of kinematics, which considers velocity in Addition, c) A study of dynamic movement, which also incorporates mass and power, as well as direction and velocity. -/- Of great interest is Fries' natural philosophy in view of its methodology, particularly with regard to the doctrine "leading maxims". Fries calls these "leading maxims" "heuristic", "because they are principal rules for scientific invention". -/- Fries' philosophy found great recognition with Carl Friedrich Gauss, amongst others. Fries asked for Gauss's opinion on his work "An Attempt at a Criticism based on the Principles of the Probability Calculus" (1842). Gauss also provided his opinions on "Mathematical Natural Philosophy" (1822) and on Fries' "History of Philosophy". Gauss acknowledged Fries' philosophy and wrote in a letter to Fries: "I have always had a great predilection for philosophical speculation, and now I am all the more happy to have a reliable teacher in you in the study of the destinies of science, from the most ancient up to the latest times, as I have not always found the desired satisfaction in my own reading of the writings of some of the philosophers. In particular, the writings of several famous (maybe better, so-called famous) philosophers who have appeared since Kant have reminded me of the sieve of a goat-milker, or to use a modern image instead of an old-fashioned one, of Münchhausen's plait, with which he pulled himself from out of the water. These amateurs would not dare make such a confession before their Masters; it would not happen were they were to consider the case upon its merits. I have often regretted not living in your locality, so as to be able to glean much pleasurable entertainment from philosophical verbal discourse." -/- The starting point of the new adoption of Fries was Nelson's article "The critical method and the relation of psychology to philosophy" (1904). Nelson dedicates special attention to Fries' re-interpretation of Kant's deduction concept. Fries awards Kant's criticism the rationale of anthropological idiom, in that he is guided by the idea that one can examine in a psychological way which knowledge we have "a priori", and how this is created, so that we can therefore recognise our own knowledge "a priori" in an empirical way. Fries understands deduction to mean an "awareness residing darkly in us is, and only open to basic metaphysical principles through conscious reflection.". -/- Nelson has pointed to an analogy between Fries' deduction and modern metamathematics. In the same manner, as with the anthropological deduction of the content of the critical investigation into the metaphysical object show, the content of mathematics become, in David Hilbert's view, the object of metamathematics. -/-. (shrink)

Rawls’s contractualist approach to justice is well known for its adoption of ideal theory. This approach starts by setting out the political goal or ideal and leaves it to non-ideal or partial compliance theory to map out how to get there. However, Rawls’s use of ideal theory has been criticized by Sen from the right and by Mouffe from the left. We critically address these concerns in the context of developing a Rawlsian approach to climate justice. (...) While the importance of non-ideal theory for climate justice is increasingly being understood, its strategic and institutional importance for a Rawlsian approach needs further elaboration. We focus on the role of the Kantian conception of the reasonable and rational powers of persons in Rawls’s work and show how this helps us to develop a partial compliance theory that focuses on the importance of institutions and strategic political action for achieving climate justice. (shrink)

This chapter delineates two types of ideal theory that are found in Rawls’s corpus of work. The first is ideal-method theory, which is theory constructed using idealizing assumptions that do not directly correspond with the actual world. The second is ideal-content theory, namely criteria for assessing whether something is a perfectly justice institution. The chapter provides an independent justification for both types of theory, arguing that ideal-method theory is valuable within certain parameters; for instance, the idealizing (...) assumption of strict compliance helps to clarify the distinction between distributive and retributive justice. The chapter illuminates the value of ideal-content theory by clarifying and defending Rawls’s claim that nonideal theory depends on ideal-content theory. In particular, it argues that in order to gain a systematic grasp of the more pressing problems of nonideal theory it is plausible to argue that ideal-content theory is necessary. -/- . (shrink)

Here is a picture of a society that one might suppose to be ideally just in its distributive practices: All members of the society are equally free to live in any way that they might choose, and institutions are arranged so that the equal freedom available to all is at the highest feasible level. What, if anything, is wrong with this picture? One might object against the insistence on equal freedom for all and propose that freedom should instead be maximinned, (...) or leximinned, or maximized, or distributed according to some alternative norm. In this essay I wish to set aside the choice of distributive norm. The question for this essay is whether freedom in any sense is the aspect of people's condition that is the right basis of interpersonal comparison for a theory of distributive justice. I approach this question by analyzing some rival conceptions of freedom. (shrink)

The purpose of this paper is to describe briefly the institutional arrangements which condition the activities of accountants in the United States; to heighten an awareness of the values which are embodied in the existing structures of accountability; to appraise the consistency with which the established ideals of society have been actualised in financial reporting, and to discern the shape of the emerging history of financial reporting in the light of new values and possibilities. I suggest that the (...) tradition of fair presentation in financial reporting is in danger of being eliminated by a purely political response to previous abuses. Mandatory accounting standards do have a role in preventing these abuses, but they can also be seen as instruments of distributive justice. To promote an awareness and discussion of the issues, I point out some of the goals and values underlying a few of the major structures designed for the distribution of economic costs and benefits. (shrink)

Institutional suggestions for how to rethink democracy in response to changing state responsibilities and capabilities have been numerous and often mutually incompatible. This suggests that conceptual unclarity still reigns concerning how the normative ideal of democracy as collective self-determination, i.e. ?rule by the people?, might best be brought to bear in a transnational and global context. The aim in this paper is twofold. First, it analyses some consequences of the tendency to smudge the distinction between democratic theory and (...) moral theories of legitimacy and justice. Second, it develops a conceptual framework that distinguishes between necessary conditions, aspects and aims of democracy. On this basis it specifies three objectives of democracy, some of which may also hold for multilevel governance. It is argued that there are in principle at least three reasons to value democratic institutions: they are intrinsically justified to the extent that they distribute fair shares of political influence over decision-making; they are instrumentally justified to the extent that they secure several of our other best interests, one of which is our interest in non-domination; and finally, they are also instrumentally justified insofar as they secure the just distribution of other goods. The aim of this framework is not to develop a specific theory of multilevel governance but to point at important distinctions to be made and normative criteria to be specified. The intention is to take the debate forward by noting some of the issues that any satisfactory account must address. The framework lays out the grounds for analysing the institutional challenges facing legitimate multilevel governance through what is speculatively called ?multiple citizenship?, understood in explorative terms, opening the door for the manifold roles that citizens could and ought to play in multilevel governance, not only as democratic agents, but also as agents of democracy and agents of justice. (shrink)

Perhaps we should change our focus from constitutionalized practices of democracy to democratized practices of constitutionalism. Dworkin and Perry both seek to respond to democratic objections to judicial review by relying on a theory of the legitimacy constraints of democracy itself. According to this view, on some matters, legitimate democracy requires getting the right moral answers. Thus democratic processes must be constitutionalized to ensure such right outcomes on fundamental moral matters. To the extent that judges are better positioned to engage (...) in principled moral reasoning, the arguments continue, we ought to entrust them with ensuring the constitutionalized legitimacy conditions of democracy. I argued that this latter institutional move, however, threatened to simply revive the paternalist worries forcefully articulated by Learned Hand. Waldron’s rights-based objection to rightsbased judicial review, although not dispositive, provided further warning of the moral costs of treating fellow citizens as incapable of reasoning together about the content and proper scope of the legal rights required for democracy. An alternative strategy for justifying judicial review that this chapter investigates is to understand a constitution itself as a product of true democracy, of real popular sovereignty. It is then up to the people, exercising their constituent power at the level of a constitutional assembly, to decide what particular institutional arrangements will best carry forward their collective ideals and decisions. The specific character and structure of those arrangements—whether they are populist or elitist, deliberative or aggregative, sensitive or insulated, electorally accountable or politically independent, and so on—is then a secondary matter. What is central is that the constitutional arrangements the people decide on are, first and foremost, democratically legitimated by the fact that they are the result of authentic popular sovereignty.. (shrink)

This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...) constitute the meaning of actions within those practices, or when they have otherwise been given well-considered defenses. In criticizing law and economics as a normative theory, I acknowledge that economic considerations are often important in deciding how to act in the personal sphere and how government should allocate its scarce resources. I argue that while the use of institutions to promote our ideals forces us to take their costs into account, it is a mistake to infer from this that the question of determining social policy is a purely economic problem, and that we should acknowledge the non-utilitarian moral ideals our law and practices promote. This is the basis of both an internal criticism--law and economics theorists have not sufficiently evaluated and weighed the value of fairness and other ideals in their utility calculations--and an external criticism-- these ideals are important in ways that can not be measured in utiles. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:John Rawls's Originary Theory of JusticeEric Gans (bio)The fundamental thesis of generative anthropology is that the principal concern of human culture is and has been from the outset to defer the potential violence of mimetic desire. To this mode of thought, constructing a model of the good society in any but the general terms of "exchange" and "reciprocity" is unfaithful to the human community, whose operations have been from (...) the beginning beyond the grasp of any individual mind within the society, and in which since the rise of the market system we participate largely unmediated by ritual. Rather than providing a template for the "good society," originary thinking provides a touchstone for ethical progress: act so as to contribute to reciprocal exchange, negatively, by aiding those who need help to participate in the exchange system more fully, and positively, by creating new foci of desire that enrich the system of exchange, the circulation of desire and satisfaction. The result of these acts is to reduce or "defer" resentment, negatively, by removing grievances, and positively, by creating new opportunities for recycling resentment into productive activity.These precepts notwithstanding, the "moral model" of reciprocal exchange, as exemplified in the exchange of signs around the sacred center in the hypothetical originary event, provides the basis for a recurrent temptation to create utopias. The theoretical gesture of measuring a given social order against a moral ideal is an extension of the moral intuition we apply in judging all human actions; whatever our degree of resignation, we cannot help but resent any suggestion—even when it is "objectively" false—that we have been victims of a failure of reciprocity. Both the theory and the personal intuition are direct descendants of the originary exchange of representations, as are the moral "theories" that are explicitly grounded in the sacred. Abstract moral theorizing must ultimately appeal to either transcendence or intuition, and the appeal to the former differs only in its rhetoric from the appeal to the latter.Finally, these "timeless" reflections must be situated in history. Determining the proper relationship between universal morality and historically [End Page 149] particular ethics poses a particularly acute problem in the postmodern era. The question that has remained with us since the end of World War II is how to overcome the paralysis of Auschwitz—how to acknowledge the necessary deferral of reciprocity without condoning genocide. If we hold history's institutions to the touchstone of the moral model, they will always be found wanting, yet this historical experience tells us that if we do not so hold them, anything is possible. The fact that accusations of Nazism (or "fascism") continue to be made today—notably against Israel itself—is a sign that the moral dilemma has not yet been resolved. But unlike metaphysical thought, originary thinking takes the Holocaust as a sign not of the need to construct a social model that will resolve this dilemma, but of the inappropriateness of confronting it directly. Making the world a better place not only does not require but is in fact incompatible with a prior image of the world made good.The most serious attempt by mainstream Anglo-American social thought to grapple with this postmodern quandary is that of the late Harvard philosopher John Rawls (1921–2002), whose A Theory of Justice (1971) remains the era's most important work of moral philosophy. To sum up in my own terms Rawls's basic idea: if we imagine ourselves in an "original position" when society has not yet come into existence, so that our (future) place in it is hidden from us by a "veil of ignorance," then we will be able to agree on the criteria of a good society, since our uncertainty will convince us all equally of the necessity to protect ourselves from unfairness in the event we are assigned one of society's less desirable roles. We may then accept this imaginary agreement, unbiased by the participants' knowledge of their eventual social role, as universal humanity's most just arrangement. Rawls considers that under these conditions any inequality in the overall distribution of social goods can be justified only if it produces a margin of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Confucian Rituals and the Technology of the Self:A Foucaultian InterpretationHahm ChaibongIntroductionModern political theory is "liberation" theory. Liberalism pivots on the idea of individual liberty, defined largely as freedom from government interference in private lives. All major versions of it, from the Lockian social-contract theory to the Rawlsian theory of justice, focus on protecting the rights of the individual. Marxism and other leftist political theories revolve around the notion of (...) recovering and liberating the original freedom of humanity that has been corrupted or otherwise twisted out of recognition by modern society and its institutions. Rousseau, Marx, and Freud all long for the "total revolution" that will free humanity from the decadence of modern society, capitalism, and even civilization itself.1 In marked contrast to modern Western political theories, Confucianism emphasizes harmony in interpersonal relationships and affirms the role of the family, the community, and the state as essential components of a just and humane society. Civilization is considered both the means and the end of human flourishing, not something to be limited, abolished, or otherwise overcome. In terms of its "micro-theory," Confucianism emphasizes self-discipline, ritual propriety, and moral uprightness, not individual freedom and liberation.At first sight, the disciplined, proper, and moralistic Confucian might seem a far cry from the free, independent, and spontaneous individual of liberalism. The strong emphasis placed on human-relatedness and social harmony, enforced by elaborate codes of ritual conduct, would seem to encourage "rational adjustment to the world," not revolutionary incitement to change it. Confucianism is thus often regarded as the premodern political theory par excellence by modern political theorists. From the May Fourth Movement through the Great Cultural Revolution to the Asian Values debate, Confucianism has always stood as the symbol of feudalism and as the single greatest obstacle to modernity, hindering the development of a scientific outlook, class consciousness, and liberal democratic values.In what follows, however, I argue that the Confucian practices of self-discipline and ritual propriety are quite suitable for a democratic society. Indeed, not only is Confucianism suitable for democracy, but it also fills an important lacuna in modern democratic theory. In a liberal-democratic society, citizens are given ever more freedom to exercise their rights. However, theories of negative freedom and other "primacy-of-rights" theories have privileged individual liberty and rights to such an extent that citizens in a modern democracy have little basis for mutual consultation, deliberation, and agreement. As a result, there is very little in liberal theory, or in [End Page 315] theories of the left, for that matter, that deals with concrete ways in which freedom can be exercised. Confucian theories and practices of self-discipline and ritual propriety can fill this gap in liberal theory.In making this point, I enlist the help of Michel Foucault. Foucault's investigations of ancient Greek and Roman technologies of the self in his later works show that the practices of self-cultivation, self-discipline, and ritual conduct do not necessarily inhibit freedom.2 In fact, such practices are indispensable for the proper practice of freedom. Moreover, Foucault's now-famous investigation of the logic of power, discipline, truth, and knowledge provides a profound insight into the nature of freedom and its practice that is not to be found in currently dominant liberal theories. It provides an important antidote to the common misconception that selfdiscipline and ritual propriety are contrary to individual freedom. Foucault thus provides us with a new perspective from which to investigate and affirm the democratic potential of Confucianism.The Scrutable Body and LiIn the Western philosophical tradition, the metaphysical, the transcendental, or the purely rational has always been the "real." The Platonic eidos, the Christian soul, the Cartesian cogito, and the Kantian noumena all emphasize the priority and the primacy of the metaphysical over the physical as the repository of truth, beauty, and reality. The physical body, on the other hand, has been viewed as the corrupted shadow of the ideal form, the prison of the soul, a mere physical extension or a passing phenomenon. Modern psychology, Freudian or otherwise, emphasizes the conscious/unconscious as the realm that determines our being and character. In contrast... (shrink)

Building on the work of John Rawls, this book offers a conception of ideal theory which provides practical guidance and a critical perspective on politics, institutions and society. The author develops this approach by discussing recent criticism of ideal theory by authors such as Amartya Sen and Raymond Geuss. Answering Sen’s criticism, the author proposes a novel account of feasibility in relation to ideal theory, especially with regard to ideal institutional design. As a reply to (...) Geuss’ criticism, he discusses constructivist approaches of moral theory-building. Building on this discussion, the book develops an account of practical ideal–theoretical thinking that can be used for evaluating and criticizing societies and can guide institutional design under nonideal conditions. (shrink)

This book charges that just about every philosophical theory of mind or language developed over the past 50 years in the West is systematically inaccurate. Systemic oppression has influenced the processes that theories of mind or language purport to identify; however, that same systemic oppression has also made it so that most middle-to-upper class White men (including most philosophers of mind or language) are ignorant of systemic oppression. Consequently, most theories of mind or language are systematically inaccurate because they fail (...) to account for the influences of systemic oppression. Philosopher Jeff Engelhardt argues for the de-idealization of two influential theories in the philosophy of mind and language--social externalism and objective type externalism--and considers some consequences of the de-idealization project. -/- Following the work of Charles Mills, Engelhardt argues that ideal theories adopt oppression-obscuring assumptions while nonideal theories avoid them (or at least try to). Ideal theories assume that language users are basically equal, and that social institutions and structures are basically just, but scholarship on Western social relations, institutions, and structures shows that in fact each of these is systematically influenced by oppression. Consequently, ideal theories tend to be systematically inaccurate. Moreover, since oppression systematically produces ignorance of systemic oppression, such systematically inaccurate theories are likely the norm rather than the exception. -/- Engelhardt shows that once we've shown that oppression systematically influences the processes that determine linguistic meanings (according to content externalism), then we have reason to expand our notion of hermeneutical injustice, we have evidence that hermeneutical injustice occurs systematically, and we have grounds for expanding discussions of conceptual engineering to include questions about engineering the processes that determine concepts, not just concepts themselves. (shrink)

Most critics of our contemporary meritocratic practices and institutions believe their arguments speak to the defects of the ideal of meritocracy itself. I argue that this is a misguided generalization because meritocracy can take many forms depending on the conception of the good and broader theory of justice to which the distributive principle of merit it is attached. To illustrate, I contrast two radically different forms of meritocracy – a telic or end-oriented model based on Plato’s Kallipolis and a (...) procedural model inherent in our free market of careers open to talents. Far from being a unified ideal, meritocracy is a spectrum of social and political arrangements, ranging between the telic and the procedural poles. Thus, identifying ‘merit’ and ‘meritocracy’ as the main sources of injustice in our contemporary societies further conceals the background conditions and underlying commitments that should be subject to our critical scrutiny. (shrink)

Writing, the exigency of writing: no longer the writing that has always (through a necessity in no way avoidable) been in the service of the speech or thought that is called idealist (that is to say, moralizing), but rather the writing that through its own slowly liberated force (the aleatory force of absence) seems to devote itself solely to itself as something that remains without identity, and little by little brings forth possibilities that are entirely other: an anonymous, distracted, deferred, (...) and dispersed way of being in relation, by which everything is brought into question – and first of all the idea of God, of the Self, of the Subject, then of Truth and the One, then finally the idea of the Book and the Work so that this writing (understood in its enigmatic rigor), far from having the Book as its goal rather signals its end: a writing that could be said to be outside discourse, outside language. – Maurice Blanchot ( The Infinite Conversation , xi) The Compendium * Beginning with the idea and practice of writing, and moving to the subject or self, then to truth and the One, and arriving at the Book and the Work, Blanchot’s words reflect the trajectory of the following work of writing. True to the embeddedness of the subject in the work of writing, the term “Compendium” has been a metonym for me over the past few years as I have thought about the concept of totality alongside its expression in figures such as the One, the Whole, or the All. In the following I aim to share some of the content of this metonym, and to enrich it by making some distinctions. 1 Here the term “Compendium” will refer to a concept of totality that is ontological (pertaining to being, and the copula) and also textual (pertaining to the symbolic, and the signifier-signified relationship). The Compendium is a figure for thinking the world as a Book, in the broadest sense—an approach to reality that is by no means new, but one that is due for renewal. 2 In partial answer to the question of the Compendium we will say that the word ‘Compendium’ stands in for expressions which seek to totalize, or concepts which seek to approach the concept of ‘everything,’ particularly when these expressions are bound up in the question of the Book (both the book as a physical object and the Book as a metaphysical figure: a way of thinking about the work in and of writing). The question of the Compendium is strongly associated with the physical and metaphysical form of the Book, like the mysterious and symbolic books which are opened in the Biblical book of Revelation, the book of life and the book of death, which together constitute an important couplet. 3 Parataxis & Hypotaxis There are two helpful distinctions that will bring us closer to an answer to the question “What is a Compendium?” The first distinction is between two figures in and for writing: parataxis and hypotaxis . Typically paired in contrast to one another as literary techniques, with parataxis indicating a side-by-side placement of textual elements and hypotaxis referring to subordinate arrangements of textual elements, the two figures can be understood as having a philosophical significance in addition to their practical function as devices for writers. For us these two terms will remain between philosophical theory and writing practice, and serve as a perspective for our writing and creation of texts. Here I take texts to refer to anything from the concrete written words in a book, to the ontological text of the world that we experience. Parataxis , as a figural way of thinking about the ontological structure of texts, refers to texts which are tightly woven and interdependent – texts within which each sentence bears the weight of the entire work. Parataxis often involves repetition, great density, and fragility. One of the best examples of this sort of text is Theodor Adorno’s posthumous magnum opus , Aesthetic Theory . In addition to the text itself, the translation history of the book may also help us to better understand parataxis and its relation to hypotaxis . The final published version of Aesthetic Theory , in German, was a text that Adorno intended to revise and rewrite, but this intention was never realized because of his untimely death. Where the German text of Aesthetic Theory certainly exemplifies the concept of parataxis , the first English edition took this densely woven text and carved Adorno’s lengthy paragraphs and lengthy sentences into manageable ‘bite-sized’ pieces of English text. The first translator took further liberty and inserted headings and new paragraph breaks where there were none in the original. Aesthetic Theory was eventually retranslated by Robert Hullot-Kentor and is now available in a form that is much more faithful to the original work. 4 The pertinent idea that this translation history points to is the distinction between parataxis and hypotaxis . Where parataxis describes texts which are repetitive, densely woven, and often fragile, hypotaxis describes texts which are hierarchical and in which the primary relation is linear – the latter of which is very similar to the first English translation of Aesthetic Theory . On the other hand, the original German text that Adorno wrote was very dense, often repetitive, and contained long sections of text unbroken by paragraphs or headings. This example of parataxis was then turned towards hypotaxis through the initial translation which took a text that was, in many ways, nonhierarchical and nonlinear, and artificially subjected it to a hierarchy that was not its own (and here I take the word of Fredric Jameson who comments on the two translations in a note at the beginning of his book Late Marxism ). 5 The point here is not about translation, but rather the distinction between parataxis and hypotaxis precisely as they are figures for discourse, written or otherwise. The concept of parataxis looks far more postmodern and rhizomic than the concept of hypotaxis which remains very modern and arborescent. This is a more figural way of talking about the distinction. However, if we wanted to take a more precise and analytical approach we could say that on the level of form parataxis involves a relationship between sentences and paragraphs in which each part bears an equally crushing responsibility to present the whole content of the text. As well, on the level of content, parataxis requires that each concept in a work take on the full conceptual weight of the total work. Continuing the analysis, we could say that parataxis describes texts in which there is no (or very little) linear or causal move from antecedent to consequent, whether in content or form. Instead, parataxis describes texts which weave together concepts via conjugations or associations. The concept of hypotaxis , on the other hand, requires that texts submit themselves to hierarchy, one example of which is logical argumentation. The contingency of the conclusion upon premises in hypotaxis is certainly distinct from the repetition, re-presentation, and conjugation of concepts in parataxis , and I think that this is evident in the difference between the writing styles prevalent in contemporary Analytic philosophy and Continental philosophy. It is not the case that the distinction between parataxis and hypotaxis absolutely corresponds with the writing styles of Continental and Analytic philosophy (respectively). There are thinkers who take exception to this pattern, such as Badiou’s more formal approach in the discourse of Continental philosophy to give one example. However, when Analytic philosophy takes its writing lessons from the sciences, and seeks to do philosophy via the clean linear move from antecedent to consequent, then I think that Analytic philosophy writes with hypotaxis in mind. On the other hand, when Continental (particularly German and French) philosophy takes its writing lessons from narrative or poetry then Continental philosophy writes with parataxis in mind. It is not fair to say that all those writing Continental philosophy are looking to narrative and poetry for stylistic direction, just as it is not the case that all those writing Analytic philosophy have mathematics and science as their writing format, however there are some striking ways in which the differing epistemologies of Continental and Analytic philosophy encourage writing with parataxis and hypotaxis in mind (respectively). For some, writing with parataxis or hypotaxis in mind is a conscious decision and a product of stylistic self-consciousness, and for others it is an unconscious discursive and epistemic requirement that must be met in order to be involved in a particular discourse. Before moving on to our second distinction, and then an examination of the question of the Book, it is important to point out that both totality and figurations like the One, the Whole, and the All, come out of very human desires to totalize or to actualize our being-towards-totality. The relationship between identity and totality then can be construed, with Heidegger in mind, as striving toward wholeness, completion, or fulfillment, each of which is a quality of compendia. 6 Compilation & Selection The first distinction between parataxis and hypotaxis pertains to both form and content, and to both the mechanics of writing and the ideas to which writing refers. The second distinction pertains to both as well. In the process of writing and in the process of perception as well, there is a tension between compilation and selection . To begin with, in the work of theory-writing there is compilation, and this is because writing theory requires a broad perspective and certain measure of totalization. On the other hand, writing theory requires that the writer select an idea or a combination of ideas to individuate out of a radical and infinite multiplicity of identities and combinations. The concern here is not primarily for the writing of a theory about a specific idea, like a secondary work or a reference text. But rather the concern is with the writing of grand theories: Marx and Marxism, Derrida and Deconstruction, Husserl and Phenomenology, Sartre and Existentialism, Saussure and Structuralism —each of which strives along a trajectory towards being all-encompassing, whether it intends to or not. Today, we could even say that Speculative Realism has embarked on this journey, and perhaps now we could say that the discourse of Speculative Realism has reached the inevitable point after which a grand theory leaves the hands of its writer or writers and becomes a possession of the collective consciousness of the academy, or (perhaps now) the mass consciousness of the blogosphere—and this is a true pharmakon , a poison and a cure, a blessing and a curse. 7 When we write theory, whether the scope is that of a grand theory or a particular theory, we write in the tension between compilation (making good on the desire to be all encompassing) and selection (being required to decide and discern and to judge what is included in the work and what is deleted or appended or abridged or given over to ellipses). Generally speaking, the work of theory-writing often comes out of a desire to totalize, that is, to develop a theory of everything that is able to apprehend new experiences and ideas while still remaining whole. I grant that this is not a universal desire, and that not everyone who sits down to write a work (or book) of theory does so because of their will-to-totality, but it remains that this drive to totalize does condition a great many writers of theory (especially those who seek to develop grand theories like those mentioned previously). At the beginning of his book of interviews, Between Existentialism and Marxism , Sartre is quoted as saying, after completing the first volume of his Critique of Dialectical Reason : “I no longer feel the need to make long digressions in my books, as if I were forever chasing after my own philosophy. It will now be deposited in little coffins, and I will feel completely emptied and at peace—as I felt after Being and Nothingness . A feeling of emptiness: a writer is fortunate if he can attain such a state. For when one has nothing to say, one can say everything .” 8 This is where our two initial distinctions come to bear on the being-towards-totality as it is expressed in the concrete practice of writing: the first being between parataxis and hypotaxis , and the second being between compilation and selection. Where this second distinction is concerned there is a certain paradox at play given that selection is inescapable, and compilation is unachievable. Selection is inescapable (with the figure of the Compendium in mind) because, even when the imperative to compile is followed to excruciating lengths, selection still has the last word. This is why the Compendium is a figure rather than some material thing that can actually be accomplished or actualized. No matter how far one goes along with the will-to-archive and the will-to-compile, it is only ever a question of minimizing selection and never eliminating it. This leads to the second point, which is that total compilation is unachievable. The closest thing to total compilation that we have before us is the ontological and textual fabric of the world. Even in the case of the world, compilation cannot be enacted in a total fashion because of the need to include both the sphere of the actual and the sphere of the possible or potential. This as another way in which compilation is always-already selection, and further evidence that total compilation is practically impossible. Discursive Figuration and Total Writing Rather than figuration referring to a figure of speech or an image, here the term points to a way in which to think about the work of writing, both the work put into writing, and the work that is the result of writing: the finished yet incomplete final piece. As figures or figurations, the Book and the Compendium are ways of thinking about the work of writing and the human desire for the wholeness, completion, and fulfillment that are made manifest in the completed form of the book (whether a published or printed or saved document put to rest by the author). These two figures bear more strongly upon works that seek to be all-encompassing, and works that strive towards expressions of totality such as the One, the Whole, or the All. Moving on to the topic of the subtitle, and on a more prescriptive note, I would say that there is more hope for theory-writing to be found in parataxis than hypotaxis . Part of the reason for this claim is the poststructuralist critique of hierarchies, and yet another part is the compelling line of thinking called “weak thought” (in theology by John D. Caputo, and in philosophy by Gianni Vattimo, among others). 9 The consequences of these two convictions are such that if one is to strongly assert the truth of a grand theory without leaving the realm of hierarchy-critique and weak thought, then one must write paradoxically with parataxis in mind, and in so doing write weakly and non-hierarchically. This does not mean avoiding a sort of topography or topology when writing theory, rather it means avoiding both subjugation and oppression in thought by pursuing a nonviolent sort of ontology. In order to do this, theory writing does not present itself as an exercise in logical analysis where one mechanically moves from a set of premises (via contingency) to the inevitable conclusion (via necessity). Instead, theory approaches the idea of a Compendium. Given that the figural Compendium places parataxis and compilation above hypotaxis and selection, then the question becomes: is placing one part of a binary term before another not just another way of selecting, or another expression of hypotaxis ? Counter to the urge to resign oneself to the reign of selection, with some qualification one can nonetheless write without deciding whether selection and hypotaxis should be subservient to compilation and parataxis (which is to say that writing-without-decision is somewhere between and beyond possibility and impossibility). This dilemma can be disarmed by stating that theory writing is not about primacy, and not about having-decided-beforehand, both stylistically and also where content is concerned. This is the paradox of writing: always striving along a trajectory ( telos ) towards totality via parataxis and compilation, but always being drawn back to finitude and making selections, and placing one idea before another with hypotaxis in mind. In light of this paradox, the question of the Compendium as a figure for discourse and a figural Book has resonance with Jacques Derrida’s essay on Edmund Jabès’ Book of Questions , found in his Writing and Difference . The Question of the Book “Little by little the book will finish me.” 10 Derrida quotes Jabès, and proceeds to outline the reflexive relationship between the author of the book and the book itself, each of which are subjected to the other through a sort of chiasmus, both ontological and textual (not that the two are entirely separable). The Book, for Derrida like Blanchot in the introductory quotation, “infinitely reflects itself” and “develops as a painful questioning of its own possibility”, and in light of this we can draw an association with the painful tension between the practical reality of selection and the ideal trajectory of compilation. 11 This tension in writing, between the will to total compilation and the necessity of abridgment, is an ontological tension between part and whole just as it is a textual tension between signifier and signified. The ontological tension in writing that Derrida expresses in his essay on Jabès is between everything and nothing – a contradiction which Derrida finds in Jabès’ Book of Questions and also in the divine, in God. When one writes between compilation and selection one writes towards totality, and here we can follow Derrida who states that the lapse in signification, presumably in the signifier-signified discrepancy, is a “ rupture with totality itself” and furthermore that this lapse cannot be rectified through deductive reason or even philosophical discourse. 12 This rupture with totality, found in the troubled relation between signifier and signified, can also tell us a lot about the Book and about writing. Given an understanding of writing as an ontological act that strives towards (but never accomplishes) totality, we can see the written book as the manifested and given body of that striving. Perhaps in other disciplines or even other schools of philosophy there is a cultural climate within which the article is prized above the book, but I am fairly confident, especially when referring to the grand theories of Continental thought, that there is a respect for the book as a uniquely meaningful object capable of apprehending totality. Derrida writes, Between the too warm flesh of the literal event and the cold skin of the concept runs meaning. This is how it enters into the book. Everything enters into, transpires in the book. This is why the book is never finite. It always remains suffering and vigilant. 13 Here the vitality of the literal event is compromised by the deadening weight of the concept, and the figure of the Book assists in this lapse of meaning. The Book is a totalizing object, much like the figure of the Compendium, and yet this totalization lacks its final object of completed totality both because the figural Book is necessarily incomplete, and because the physical book is always-already a product of selection. Instead of achieving its end of being a place where everything takes place, it suffers from the lapse of writing, the discrepancy between event and concept. Derrida continues his exposition on Jabès by bringing to light yet another reflexive relation, a reversal of the relationship between the Book and the world. Derrida writes that, for Jabès, “the book is not in the world, but the world is in the book.” 14 In addition to what was stated before, I take figuration to mean that the concepts employed, such as the Book or the Compendium, are not subject to the supposed rigor of analysis that is so prized by Enlightenment or Capitalist realisms. The figure of the Book and the figure of the Compendium cannot be held accountable to standards imported from scientific method, given an understanding that these standards require a concept to be replicable, consistent, falsifiable, measurable, and so on… This is an important point to make, especially in the present atmosphere within which theory must justify itself under conditions that are not its own. Instead of being held to these standards, figuration serves as a way in which to think about writing that leaves thought open to idealistic speculation, imperfect analogies, and most importantly the ever-present gain and loss that occur in the relationship between thought and being. By extension the figural way of addressing writing indulges in enough generalization to accommodate the excess/lack relationship between the ideal form of the Book or the Compendium, and the manifested and given body of a text (as it is practically completed and closed). Here we speak against the hostile atmosphere which would have theory submit itself to hierarchical rigor, rather than Blanchot’s “enigmatic rigor”, by being explicit about the discursive conditions and epistemic conditions under which theory operates. To write with parataxis in mind is, to a certain degree, to write with weakness as one’s methodology (with weak thought being in opposition to hypotaxis and hierarchy as much as weak thought can be in opposition to anything). Rather than asserting the strength of hierarchical theory, and rather than employing antagonistic argumentation with the goal of refutation different discursive and epistemic conditions for theory writing must be cultivated (and these are by no means new). First the critical and theoretical spirit reveals itself as being concerned with the task of complication—especially the complication and critique of binaries, dichotomies, dualities, polarities, paradoxes, parallaxes, hybridities, and especially antinomies. Second, theory positions itself as a sort of showing or revealing, rather than being ultimately focused on coming to full agreement or disagreement. This is where figuration can help theory-writing, both by placing emphasis on teleologies and trajectories (like parataxis and compilation), and by shifting focus away from pure primacy, power, or absolute origin. Figuration then, assists theory writing by placing the concern of theory outside of the concerns of the hard or soft sciences, and into the realm of thought or the idea. To speak of ‘the’ Compendium or ‘the’ Book, here, is to generalize not regarding the perfect form of the Compendium or Book, but to engage speculatively with an abstract idea which remains singular and yet complicated by multiplicity. The question of the Book that Derrida asks through Jabès is a question of everything and nothing, totality and nonbeing, and this question is a concern for writing and a concern for the figure of the Compendium so defined by the tension between compilation and selection, and parataxis and hypotaxis . On the note of nonbeing, we can look to the final page of Derrida’s first essay on Jabès in Writing and Difference and notice the introduction of his neologism, différance (with an ‘a’). Derrida writes: Life negates itself in literature only so that it may survive better. So that it may be better. It does not negate itself any more than it affirms itself: it differs from itself, defers itself, and writes itself as différance . Books are always books of life (the archetype would be the Book of Life kept by the God of the Jews) or of afterlife (the archetype would be the Books of the Dead kept by the Egyptians). 15 This introduction of différance into the equation of the Book, alongside ontological affirmation and negation, hearkens back to the discussion of the symbolic lapse earlier in his essay. Differing and deferring, the Book is always a Book of Life and a figure for the intersection of the vital (life) and the total in writing. In a way, the writer of the Book may be someone who lives life, and in another way the writer of the book-as-object may be someone who engages in the act of writing, both practically (by inscribing words on paper, or typing script on a computer) and ontologically or symbolically (by investing their existence and inexistence into a work worthy of the figural Book). In addition to the writer as writer, the writer also serves as an editor, and the editorial role alongside the idea of the Compendium shows the editor to be one who collects and compiles, while being restrained by eventual selection and decision. Beyond this the editor of works and texts, in both the Book and the world, is engaged in a process of inscribing notation—of annotating (on) the Compendium. Eternal commentary is a feature of the textual Compendium, just as open-ended totality describes the ontological Compendium. The writer as writer does not simply write texts, but rather engages in a profoundly ontological act of inscribing their existence into the world, and the writer as editor does not merely annotate or alter texts as they are, but rather comments upon the text of the world. In/Conclusion So as we create texts, and as we write and create theory, let us be and remain attentive to the figure of the Compendium and the figure of the Book. These two concurrent metonymies are essential for total writing (grand theories, etc.), and may be forgettable for those concerned with fragmentary or hierarchical writing (which are valid in their own right). From the ontological and symbolic text of the world and phenomenological experience, to concrete texts such as books or mixed media, the figure of the Compendium and the figure of the Book are important for the actualization of the human will to be all-encompassing. The figure of the Compendium teaches writers of theory that the repetition, density, and fragility of parataxis offers a strong sort of weakness which does not become yet another variety of oppressive and hegemonic thought. Rather than write with hypotaxis in mind, subjugating one thought to another via cause and effect or antecedent and consequent, I would hope that theory-writing could guiltlessly indulge in the dialectical and contradictory conjugation of ideas, and take this as a legitimate methodology. Rather than being ashamed of showing resonances or giving way to abridgment or ellipses, it is my own authorial (but not authoritative) conviction that one need not give up on totalizing and constructing grand theories because of the fact that complete totalization is impossible, and one need not give up on totalizing and constructing grand theories because of the worry of violence, for the Book and the Compendium lack their completed object and are ever incomplete trajectories. NOTES * UPDATED 7/19/13: we've updated the HTML version to reflect the (correct) PDF version. Our apologies to the author—eds. 1. I would like extend thanks to Dr. Peter Schwenger of the University of Western Ontario for his comments on this paper and his hospitality as it was presented as a Theory Session at the Centre for Theory and Criticism on October 26th 2012. I would also like to thank Andrew Weiss for conversation and critique. 2. I should clarify my use of the term ‘figure’ at the outset. Given the use of the term by Jean-Francois Lyotard in Discourse, Figure (and also Gilles Deleuze in Francis Bacon ), I should state clearly that my use of the term will not correspond to the term ‘figure’ understood as the representation of an object. Instead, my use of the term ‘figure’ and its variations (‘figural’, ‘figurative’, ‘figuration’) will refer to the illustrative or metaphorical use of the Compendium or the Book as models or ways of thinking about writing and discourse. 3. Cf. Revelations 20:12-15. 4. Theodor Adorno, Aesthetic Theory , Trans. Robert Hullot-Kentor (London & New York: Continuum Press, 1997). 5. Fredric Jameson, Late Marxism: Adorno, or the Persistence of the Dialectic (London & New York: Verso, 1990), ix-x. 6. I have written about this concept of being-towards-totality elsewhere in two pieces of writing: the first is called Notes on the Compendium (an unfinished draft) which addresses some very wide theoretical concerns, being structured as a sort of itinerary or archive, and the second is Dialectics Unbound (Punctum Books, 2013) which outlines a concept of totality without the violence of totalization. While these works are more concerned with ontological totality, here I would like to focus on the idea of the Compendium as a textual totality. 7. Cf. Louis Morelle, “Speculative Realism: After Finitude and Beyond, A vade mecum” in Speculations: Journal of Speculative Realism . Issue 3 (Brooklyn, New York: Punctum Books, 2012), 241-272. 8. Jean-Paul Sartre, Between Existentialism and Marxism . Trans. John Matthews (London & New York: Verso, 1974), 9. 9. Cf. John D. Caputo, The Weakness of God (Indiana: Indiana University Press, 2006). 10. Jacques Derrida, “Edmond Jabès and the Question of the Book” in Writing and Difference . Trans. Alan Bass (Chicago: University of Chicago Press, 1978), 65. 11. Ibid, 65. 12. Ibid, 71. 13. Ibid, 75. 14. Ibid, 76. 15. Ibid, 78. (shrink)

The modern social world is unjust. It is also complex. What does this latter fact imply about the kind of approach that should be used in ameliorating the injustice expressed in the former fact? One answer, recently put forth by Jacob Barrett, is that _ideal theory_, which he understands as being fundamentally defined by the identification and subsequent pursuit of an aspirational macro-level institutional goal, lacks a place in social reform. The reason he thinks ideal theory lacks a (...) place has to do with its inability to deal with complexity. _Pace_ Barrett, I argue that ideal theory, suitably understood, can play a valuable role in social reform in a complex world. While some ideal theorists have underappreciated the extent to which complexity considerations complicate social reform, this does not mean that there is no place for it. This paper surveys the resources ideal theory has available to cope with what I call _the challenge of complexity_. Although the coping techniques will be successful to varying degrees, I believe, in aggregate, a compelling case can be made that ideal theory can combat the challenge of complexity. Still, one may worry that even if ideal theory can adequately deal with complexity, it cannot adequately deal with ever-changing social circumstances. Call this _the dancing landscape objection_. A static ideal theory cannot overcome it, but a _dynamic ideal theory_ could. In sum, dynamic ideal theory can contribute to social reform in a complex and mutable social world. (shrink)

I have elaborated the classical Marxian and Durkheimian conceptions of human freedom to serve as a foundation for understanding contemporary interest in human freedom as well as its relationship to other modern desires, such as a sense of community or solidarity. There is obviously no agreement regarding the lessons to be drawn from this discussion on human freedom and its relationship to the forces of modernization. This is reflected in the paradox that modernization is seen by many as liberating, and (...) by others as that from which liberation is sought. In a purely descriptive account, both liberation quests are valid. The final issue, however, is not one of description but one of values.The limits to the reconciliation of freedom and community are contained within the limits of politics itself. One of the most influential aspects of the false consciousness of ideological politics is to deny the multidimensionality of politics in theory. Since Hegel, it appears that social theory can, in principle, resolve any contradiction, if only given sufficient time and reason. Nevertheless, sociopolitical action continually requires choices among ideals in ways not required of the symbolic action of social theorists. Our compelling task remains to search for and identify those socio-political arrangements that hold differing “payoffs” for efforts to build more humane institutions. (shrink)

It is sometimes argued that ideal theories in political philosophy are a form of ideology. This article examines arguments building on the work of Charles Mills and Raymond Geuss for the claim that ideal theories are cognitively distorting belief systems that have the effect of stabilizing unjust social arrangements. I argue that Mills and Geuss neither succeed in establishing that the content of ideal theories is necessarily cognitively defective in the way characteristic for ideologies, nor can (...) they make plausible which mechanisms ensure the alleged negative effects of the widespread acceptance of ideal theorizing. This does not mean that all hope is lost for the ideology objection, however. By turning to a second Marxian model of ideology, I argue that the ideological character of ideal theories is not so much a matter of their content, but rather of their form. Ideal theories falsely present the normative concepts that they use as semantically practice-independent and thereby block potential challenges from subordinate groups to dominant ideologies. It is therefore not the normative content of ideal theories which proves to be objectionable, but the particular role their concepts play in wider political discourse. (shrink)

Contrary to comparativist critics of ideal theory, I argue that ideal institutions become relevant for issues of nonideal theory through their role as part of the ideal guidance approach (IGA). So far, the most important argument against the IGA has been the second-best argument. However, this argument is only damaging for the IGA under certain conditions: Firstly, when the ideal is not realizable, and, secondly, when the path to the ideal does not contain the second-best (...) world. Since it is an empirical question whether this is the case, the article discusses the empirical relevance of the second-best argument. By employing causal mechanisms identified in the institutionalist literature – path dependence and institutional complementarity – I argue that the IGA actually offers better prospects for the evaluation of nonideal alternatives than the comparative approach. This is, because the latter systematically excludes the information of how an ideal institutional design looks like from consideration. I also discuss and reject the objection that a more comprehensive version of the comparative approach could take these issues into consideration: Such an approach is either epistemically infeasible or very similar to the IGA. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Inspiration and Institution in John of Rupescissa's Liber Ostensor XI1Graziana S. CiolaIntroductionThe present study proposes a philosophical analysis of John of Rupescissa's Liber Ostensor [=LO], Treatise XI. John of Rupescissa (OFM, 1310 ca. – 1366)2 is a particularly interesting, eclectic and somewhat extraordinary [End Page 7] author writing around the second third of the 14th century in the wake of the Spiritual Franciscan movement in the South of France.3 (...) In LO XI, Rupescissa theorizes and systematically articulates a complex relationship between inspired knowledge and the normative portrait of what he believes the Franciscan Order should ideally be; he does so against the background of his eschatological concerns. Per Rupescissa's style of exposition and argumentation, these different elements — i.e., inspired epistemology, eschatology, and ecclesiology — are tightly intertwined on a theoretical and foundational level that goes beyond that of mere rhetorics.These themes are both recurrent and pivotal throughout Rupescissa's extremely prolific intellectual output, which counts numerous theological, ecclesiological, eschatological and alchemical treatises.4 LO, composed in [End Page 8] 1356 during Rupescissa's own "Avignon Captivity," is in many ways a sum of Rupescissa's prophetical and eschatological thought within the framing of the author's self-apologetic aims and of his ecclesiological views, in particular concerning the future of the Franciscan Order.5 [End Page 9]Treatise XI is undoubtedly the most theoretical book in LO; with its 489 paragraphs, it is also the longest. While this extremely dense text broaches on a great variety of topics, it is first and foremost about and for Spiritual Franciscans. Overall, LO XI is both a great portrayal of the Franciscan order as it is and as it should be, as well as a handbook addressed to the elect among the Spirituals, in order to help them face the eschaton and the tribulations to come. Per Rupescissa's eschatological views, such trials would affect the Franciscan Order the hardest and for the longest — hence the need for a detailed guide. At its core, then, LO XI is a deeply ecclesiological treatise and as such it is complementary to the larger systematization established in the Sexdequiloquium.6 It is in this framework that LO XI offers a complex theory of prophecy and illuminative knowledge as they should be embodied in the practices of a true Franciscan.7Given its highly abstract nature and cardinal function within one the most complex works of Rupescissa's maturity, LO XI, combining relevant insights on Rupescissa's ecclesiological, epistemological and prophetical positions, constitutes the ideal case study in order to assess Rupescissa's most refined and articulated account on inspired knowledge, particularly insofar as true and actual prophecy is concerned. This inspired knowledge, according to Rupescissa, is an indispensable tool for the elect to be able to victoriously face the imminent end of times. In the account presented in LO XI, such knowledge is possible exclusively through a form of institutional embedding: divine inspiration, culminating in true prophecy, is in service of the Franciscan Order's soteriological role within the Church as a whole, and can only be achieved by those who are faithful to the spirit of Francis's Rule.8 [End Page 10]Here, I analyze Rupescissa's theory of evangelical poverty and its role as a necessary condition for inspired knowledge, following the internal articulation of LO XI.Overall, in Rupescissa's view, Franciscan poverty and inspiration are two inseparable sides of the same coin. On the one hand, inspired knowledge is only achievable through a rigorous practice and thorough understanding of Franciscan poverty. On the other hand, the true institutional role of the Franciscan Order and its soteriological aims can be fulfilled exclusively by the true Spiritual Franciscans, whose moral, spiritual and epistemic perfection is divinely inspired. For Rupescissa, not only is poverty the source of all virtues both for the Franciscan Order and for the rest of the Church, but it also constitutes the ideal moral and social model, tout court. But most importantly, evangelical poverty has a genuinely epistemic role; this role is essential for Rupescissa's illuminative epistemology and for his account of prophetical exegesis — or exegetical prophecy. In turn, the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SENOR HIRSCH AS SACRIFICIAL VICTIM AND THE MODERNISM OF CONRAD'S NOSTROMO Andrew Bartlett University ofBritish Columbia One of René Girard's more pithy definitions of mimetic desire reads: "The model designates the desirable while at the same time desiring it. Desire is always imitation ofanother desire, desire for the same object, and, therefore, an inexhaustible source of conflicts and rivalries" {Double Business Bound 39). The notation that desire is an (...) "inexhaustible" source of conflicts hints at the political pessimism expressed more openly elsewhere in Girard's writing. In 1961, he said it like this: "Whatever political or social system is somehow imposed on them, men will never achieve the peace and happiness of which the revolutionaries dream, nor the bleating harmony which so scares the reactionaries. They will always get on togetherjust enough to enable them never to agree" (Deceit 110-11). This is a Girard who, suspicious of political rhetoric, speaks with audacious cynicism even of democracy: "Who is there left to imitate after the tyrant? Henceforth men shall copy each other... Democracy is one vast middle-class court where the courtiers are everywhere and the king is nowhere" (Deceit 119). This Girard has remained consistent in his thematization of the impurity of all political compromises: "men are only capable ofreconciling their differences at the expense of a third party. The best men can hope for in their quest for nonviolence is the unanimity-minus-one ofthe surrogate victim" (Violence 259). Girard's political skepticism seems to be a result of his conviction that arbitrary victims ofviolent unanimity are the "ingredient" in political thought that allows each community to be flattered by the illusion of its political innocence, the illusion of the justifiability of its violence. 48Andrew Bartlett Modem political thought cannot dispense with morals, but it cannot become purely moral without ceasing to be political. Another ingredient must therefore be mixed with morals. If we really tried to identify what this is we would inevitably end up with formulas like Caiaphas': "It is better that this man or those die so that the community may survive" (Scapegoat 116). Political institutions, in establishing power relations between dominant and subordinate people, always exercise force, violence (Beetham 47-48). A perfectly moral politics seems as impossible as a perfectly nonviolent politics. Girard's refusal to plant his feet in the wet cement of any single political party's rhetoric is the outcome, in part, of his preference for a religious perspective on human affairs. The religious is his fundamental category ofanalysis; and religion in Girard's view is not an unenlightened form of belief to be superseded by political wisdom, but rather the fundamental mode of human social organization, the political only a secular displacement of it. I hasten to add that Girard's pessimism about political arrangements arises not from any stoical indifference to their victims, but rather from his respect for victims—a respect that is finally religious in character. A related sub-clause of Girard's political pessimism is the incompatibility ofmimetic theory and "identity politics," broadly defined so as to include nationalist or ethnic politics based on historical grievances and desires for vengeance. I have in mind here Girard's idea that the distinct identity of the surrogate victim is not strictly relevant to the effects of collective violence. Violence belongs to all men, and thus to none in particular. It is futile to look for the secret ofthe redemptive process in distinctions between the surrogate victim and other members of the community. The crucial fact is that the choice ofthe victim is arbitrary (Violence 257). The stabilizing effects of political scapegoating thus depend on the degree of unanimity in the community's violence, not on the identity ofthe victim. The identity of the sacrificial victim is not essential in scapegoating; the essential in scapegoating is the unanimity ofthe collective violence itself (cf. Violence 84, 150). Perhaps because of this priority of violent unanimity over victim identity, Girard has measured his distance from specific political causes (Scapegoat 19-20). We must confront what I would call the formal equivalence of scapegoats. The arbitrary victim of a sacrificial political process may be anyone: scandalously rich or scandalously... (shrink)

This paper posits that differences in corporate governance structure partly result from differences in institutional arrangements linked to business systems. We developed a new international triad of business systems: the Anglo-American, the Communitarian and the Emerging system, building on the frameworks of Choi et al. (British Academy of Management (Kynoch Birmingham) 1996, Management International Review 39, 257–279, 1999). A common factor determining the success of a corporate governance structure is the extent to which it is transparent to market (...) forces. Such transparency is more than pure financial transparency; as it can also be based on factors such as governmental, banking and other types of institutional transparency mechanism. There may also be a choice for firms to adopt voluntary corporate disclosure in situations where mandatory disclosure is not established. The Asian financial crisis of 1997–1999 and the more recent corporate governance scandals such as Enron, Andersen and Worldcom in the United States and Ahold and Parmalat in Europe show that corporate governance and business ethics issues exist throughout the world. As an illustration we focus on Asia’s emerging1 markets, as, both in view of the pressure of globalization and taking into account the institutional arrangements peculiar to the emerging business system, these issues are important there. Particularly for those who have to find an accommodation between the corporate governance structures and disclosure standards of the Emerging system and those of the Anglo-American and Communitarian systems. (shrink)

The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays initiates (...) a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society. (shrink)

A Theory of Freedom and Government has provided a systematic basis for republican theory in the idea of freedom as non-domination. Can a pure republican view, which confines itself to the normative resources thus afforded, adequately address the full range of issues of social justice? This article argues that while there are many sorts of structural injustice with which a pure republican view can well cope, unfair disparities in political influence, of the kind that Rawls labeled failures of the ‘fair (...) value’ of the equal political liberties, cannot be well addressed by a pure republican view. In arguing the point, the article assesses the reach not only of the core ideal of freedom as non-domination itself, but also of three further layers in Pettit’s republican theory: its suggestion that domination is to be minimized, its account of a set of institutions needed to restrict domination, and its requirement that, to prevent governments from having the power to act arbitrarily and so to dominate, they be made responsive to the common good. Some of these further conceptual resources are shown to be of no help in addressing unfair disparities in political influence, while the ones that are promising are so only because they rely on distinctively liberal ideals, and so depart from a pure republican basis. Key Words: republicanism • liberalism • justice • common good • non-domination • fair value • Philip Pettit • John Rawls. (shrink)

At its core, nonideal theory is an attempt not only to address issues of justice, but it also provides us a lens through which we can articulate our limitations as knowers and reasoners, the ways in which we are relational in our autonomy needs, and the ways in which we are deeply dependent upon institutions and social supports for our agency and identities. Bringing this lens into bioethics means shifting our orientation in our scholarship and our practice. This shift will (...) have implications in how bioethical evaluations are taken up and played out in policies, institutional structures that inform the clinical encounter, and avenues for protection and redress for marginalized and vulnerable populations. It will also allow theorists and researchers to interrogate the status quo, revealing how many standard policies and practices are embedded in social and institutional arrangements that privilege the few or are built on exclusionary norms. The path forward, and the aim of this volume, is to extend the scholarship of nonideal approaches to bioethics. The volume is divided into two main parts. The first is focused on philosophically unpacking nonideal theory as an approach in bioethics. The second offers applications of nonideal theory in environmental ethics, healthcare ethics, public heath ethics, and genetic ethics. Our collective aim is to expand what has been considered nonideal bioethics. The history of nonideal theory has as its point of reference a turn away from Rawlsian justice, but the future of nonideal theory is ripe with possibilities. (shrink)

A leading political theorist’s groundbreaking defense of ideal conceptions of justice in political philosophy Throughout the history of political philosophy and politics, there has been continual debate about the roles of idealism versus realism. For contemporary political philosophy, this debate manifests in notions of ideal theory versus nonideal theory. Nonideal thinkers shift their focus from theorizing about full social justice, asking instead which feasible institutional and political changes would make a society more just. Ideal thinkers, on (...) the other hand, question whether full justice is a standard that any society is likely ever to satisfy. And, if social justice is unrealistic, are attempts to understand it without value or importance, and merely utopian? Utopophobia argues against thinking that justice must be realistic, or that understanding justice is only valuable if it can be realized. David Estlund does not offer a particular theory of justice, nor does he assert that justice is indeed unrealizable—only that it could be, and this possibility upsets common ways of proceeding in political thought. Estlund engages critically with important strands in traditional and contemporary political philosophy that assume a sound theory of justice has the overriding, defining task of contributing practical guidance toward greater social justice. Along the way, he counters several tempting perspectives, including the view that inquiry in political philosophy could have significant value only as a guide to practical political action, and that understanding true justice would necessarily have practical value, at least as an ideal arrangement to be approximated. Demonstrating that unrealistic standards of justice can be both sound and valuable to understand, Utopophobia stands as a trenchant defense of ideal theory in political philosophy. (shrink)

During the 1960s and 1970s, institutionalists and behavioralists in the discipline of political science argued over the legitimacy of the institutional approach to political inquiry. In the discipline of philosophy, a similar debate concerning institutions has never taken place. Yet, a growing number of philosophers are now working out the institutional implications of political ideas in what has become known as “non-ideal theory.” My thesis is two-fold: (1) pragmatism and institutionalism are compatible and (2) non-ideal theorists, (...) following the example of pragmatists, can avoid a similar debate as took place between institutionalists and behavioralists by divulging their assumptions about institutions. (shrink)

There is the world of ideas and the world of practice; the French are often for sup pressing the one and the English the other; but neither is to be suppressed. -Matthew Arnold The Function of Criticism at the Present Time From its inception, bioethics has confronted the need to reconcile theory and practice. At first the confrontation was purely intellectual, as writers on ethical theory (within phi losophy, theology, or other humanistic disciplines) turned their attention to topics from (...) the world of medical practice. Recently the confrontation has grown more intense. The ap pointment of clinical ethicists in hospitals and other health care settings is an accelerating trend in North America. Concomitantly, those institutions involved in training peo ple in clinical ethics have added organized exposure to the world of practice, in the form of placement requirements, to the normal academic course load. In common with other dis ciplines, bioethics has begun to see clinical training as a con dition of didactic theory and apprenticeship. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

L’oeuvre d’Adam Smith a pour objectif d’analyser l’aspect institutionnel des phénomènes sociaux. D’un côté, la Théorie des sentiments moraux trouve sa juste place dans la pensée de l’économiste écossais ; son rôle est d’expliquer comment se forment les jugements moraux individuels et comment ces jugements débouchent de façon évolutionniste sur l’émergence d’ institutions sociales.De l’autre côté, la véritable cause de la Richesse des nations est à chercher dans des institutions qui font respecter la liberté naturelle des individus. Une relecture du (...) troisième devoir du souverain aboutit également à des conclusions fort intéressantes: la mise en place de nouvels arrangements institutionnels dans la production des ouvrages “publick” devaient permettre l’extension du marché et non son remplacement par l’Etat.The aim of the Adam Smith’s work is to analyze the institutional aspect of the social phenomena. On the one hand, the Theory of Moral Sentiments finds its right place in the thought of the scottish economist; its role is to explain how form the individual moral judgements and how the social institutions emerge out of these judgements in an evolutionist way.On the other hand, the real cause of the Wealth of Nations is to be found in the institutions which enforce the respect of the natural liberty of the individuals. A re-reading of the thirth duty of the sovereign turns out a much interesting conclusions: the carrying out of new institutional arrangements in the production of “publick” works had to allow the extension of the market and not its replacement by the State. (shrink)