This book is a collection of eleven essays by one of the most interesting moral philosophers currently writing. It examines challenges to liberal thought posed by the changing circumstances of the modern world such as the conflicting tendencies toward global integration, and greater ethnic and communal identification. The author considers whether liberal principles of justice can accommodate social and global interdependencies while reaffirming the importance of individual responsibility and acknowledging the significance of people's diverse personal and communal allegiances.

This paper offers an account of two political traditions. The first tradition is that of allegiance to abstract principles and procedures; the second is that of responsiveness to the needs of persons and communities. The first two parts of the paper describe some of the basic features of each tradition, while also paying attention to the problems and difficulties within them. The third part of the paper shows how we can see the same tension, i.e., between allegiance and (...) responsiveness, at play in the practice of public philosophy. The paper argues for the importance of maintaining a tension between the two traditions. Ultimately, the paper calls for more attention to be paid to the relationship between, on the one hand, how we understand law and pursue justice, and, on the other, how we practice public philosophy. (shrink)

A Common Justice: The Legal Allegiances of Christians and Jews under Early Islam. By Uriel I. Simonsohn. Divinations: Rereading Late Ancient Religion. Philadelphia: University of Pennsylvania Press, 2011. Pp. ix + 306. $79.95, £52.

In this paper I shall analyse in detail one part of Hume 's writing on politics in order to explain and criticise his method of inquiry there. This will involve me in assessing the value of Hume 's contribution in this section of his work to the theory of politics. I shall make my investigation into Hume 's method bearing in mind his admiration of Newton and other natural scientists and his intention of adopting their methods in his studies.

In the Pledge of Allegiance we pledge our loyalty, not to the United States as it may exist at any particular moment, but to the flag and what it represents: an ideal United States that maintains "liberty and justice for all." When we say the Pledge we commit ourselves to this ideal, and to the ongoing struggle of bringing our actual nation into alignment with it.

Democracy and justice are often mutually antagonistic ideas, but in this innovative book Ian Shapiro shows how and why they should be pursued together. Justice must be sought democratically if it is to garner legitimacy in the modern world, he claims, and democracy must be justice-promoting if it is to sustain allegiance over time. _Democratic Justice_ meets these criteria, offering an attractive vision of a practical path to a better future. Wherever power is exercised in human (...) affairs, Shapiro argues, the lack of democracy will be experienced as injustice. The challenge is to democratize social relations so as to diminish injustice, but to do this in ways that are compatible with people’s values and goals. Shapiro shows how this can be done in different phases of the human life cycle, from childhood through the adult worlds of work and domestic life, retirement, old age, and approaching death. He spells out the implications for pressing debates about authority over children, the law of marriage and divorce, population control, governing the firm, basic income guarantees, health insurance, retirement policies, and decisions made by and for the infirm elderly. This refreshing encounter between political philosophy and practical politics will interest all those who aspire to bequeath a more just world to our children than the one we have inherited. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit (...) not without compromising the strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit (...) not without compromising the strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

A collection of the author's new and reprinted papers in general jurisprudence. Chapters: -/- Introduction: A Philosophy of Legal Philosophy -/- Law, As Such 1. The Concept of Law Revisited 2. Law as a Means 3. Custom and Convention at the Foundations of Law 4. Realism and the Sources of Law 5. Feminism in Jurisprudence -/- Law and Morality 6. The Germ of Justice 7. The Inseparability of Law and Morals 8. The Morality in Law 9. The Role of (...) a Judge 10. Should Law Improve Morality? -/- The Demands of Law 11. Hume on Allegiance 12. Associative Obligations and the State 13. The Forces of Law 14. The Duty to Govern. (shrink)

For over twenty years, Brian Barry has been writing on the foundations of a liberal-democratic constitutional order. Standing against the trend towards relativism in political philosophy, Barry offers a contemporary restatement of the Enlightenment idea that certain basic principles can validly claim the allegiance of every reasonable human being.

This chapter examines some of the conceptions of order and justice that are present in the Islamic world. It argues that many Islamic states have been willing to accommodate themselves to an international society based on the idea of sovereign equality. However, one of the impacts of globalization has been to shift the allegiances of some members of these states from territorially based political communities to those based on religious or cultural identity. Some of the radical Islamist groupings that (...) have emerged in recent years and have voiced a range of grievances are seeking nothing less than the overturning of prevailing international and domestic orders. Although the outcome of this complex challenge is impossible to predict, one consequence is that it has created space for the emergence of a new and possibly transformational Islamic civil society, which directs its attention principally to the reform of Muslim societies themselves. (shrink)

This study aims to investigate the impact of justice perception of the employees on three dimensions of employee-based brand equity under the mediating role of psychological contract fulfillment. For this purpose, data have been collected from the employees of the education industry under the convenience sampling technique. In this regard, a survey method was used, and questionnaires were distributed among 420 respondents, out of which 310 questionnaires were received back, and after discarding 32 partially filled questionnaires, useable responses were (...) left. Data have been analyzed through structural equation modeling, and the partial least square -SEM approach has been used in this regard through the Smart PLS software. Measurement and structural models were assessed, and all the indicators of reliability and validity have been found to be fit. Path estimation indicates that perception of justice promotes brand endorsement and brand allegiance, while the relationship of perception of justice and brand-consistent behavior has not been found statistically significant. Moreover, it has also been found that perception of justice ensures employees that their psychological contract has been met. In addition, psychological contract fulfillment has found a mediating mechanism between the perception of justice and the three dimensions of EBBE. (shrink)

A resurgence of national and international interest in citizenship education, citizenship and social cohesion has been coupled with an apparent emergence of a language of crisis (Sears & Hyslop‐Margison, 2006). Given this background, how can or should one consider a subjective sense of membership in a single political community? What this article hopes to show is that confining the subject of citizenship or patriotism to a national framework is inadequate in as much as there are grounds to argue for a (...) more expansive and, at the same time, integrated outlook. Patriotism, like Citizenship, is still open to interpretation and potentially in danger of falling short of a richer conception. Education, therefore, needs to incorporate inclusive practices and encourage an integrative mindset in order to accommodate: increasingly complex identities, associations, experiences and continuing changes in the political landscape. In this article, the author argues for the importance of learning ways in which to value and respect diversity while working towards a principle of unity in diversity. Cultivating a subjective sense of membership in a single world polity is vital in matters pertaining to sustainability and justice. In response to considering possible ways of sharing a subjective sense of membership in a single community and some implications for Citizenship, Patriotism and Citizenship Education, this article looks to three areas: ways in which to understand the notion of citizenship and patriotism, cultural crises and the notion of a cosmopolitan nation and, finally, the personal dimension to education for world citizenship. (shrink)

Drawing from our interdisciplinary qualitative study of LGBTI conservative Christians and their allies, we name an especially toxic form of shame—what we call sacramental shame—that affects the lives of LGBTI and other conservative Christians. Sacramental shame results from conservative Christianity's allegiance to the doctrine of gender complementarity, which elevates heteronormativity to the level of the sacred and renders those who violate it as not persons, but monsters. In dispensing shame as a sacrament, nonaffirming Christians require constant displays of shame (...) as proof that LGBTI church members love God and belong in the community. Part of what makes this shame so harmful is that parents and pastors often dispense it with sincere expressions of care and affection, compounding the sense that one's capacity to give and receive love is damaged. We foreground LGBTI Christian movements to overcome sacramental shame by cultivating nonhubristic pride, and conclude by discussing briefly their new understandings of love and justice that could have far‐reaching benefits. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, where the (...) rite of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)

Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures (...) cannot be contested as unjust, they may be contested on the ground of values other than justice, such as someone’s religious/ethical allegiances. Proceduralism about justice will be thus shown to be consistent with the commitment to realising certain outcome-oriented values. (shrink)

Three elements of Waldron’s defense of the natural duty of justice account are considered: the understanding of the natural duty of justice, the conceptualization of the special allegiance objection, and the argument for the distinction between the insiders and outsiders. All three are found problematic.I argue that Waldron conflates the natural duty of justice with the duty not to harm. Further, I contend that the special allegiance objection is not really dealt with.Finally, I maintain that (...) Waldron’s distinction between the insiders and outsiders fails if the natural duty of justice account is not supplemented with fairness theory. (shrink)

After much of the 20th Century, when morals were widely considered little more than mere emotional responses, a range of writers, such as Haidt, Prinz, and Patricia Churchland, have been restoring the emotions’ respectable roles in human cognition and morality. Nussbaum in her Upheavals of Thought showed how important emotions are for human cognitive life, so there is no clear distinction between their “irrationality” and the cerebral cortex’s supposed “rationality.” In Political Emotions, Nussbaum asks readers to look into how pivotally (...) emotions affect political life, especially how we may best gear our emotions for political liberalism. As she convincingly urges, politics depend upon our emotions; we neglect them to our detriment lest demagogues commandeer them. She argues a hazardous case, and by the end anyone who cares about liberal democracy should accede to emotions’ centrality in it.Nussbaum builds her case upon what she deems partially failed models for a civic religion as pro .. (shrink)

The debate between impartialists and their critics has dominated both moral and political philosophy for over a decade. Characteristically, impartialists argue that any sensible form of impartialism can accommodate the partial concerns we have for others. By contrast, partialists deny that this is so. They see the division as one which runs exceedingly deep and argue that, at the limit, impartialist thinking requires that we marginalise those concerns and commitments that make our lives meaningful. This book attempts to show both (...) that the dispute between impartialists and their critics runs very deep, and that it can nonetheless be resolved. The resolution begins by asking how impartialist political philosophy can defend the priority of justice when it conflicts with people's commitments to their conceptions of the good. It is argued that priority can only defended if political impartialism has a moral foundation, and that moral foundation must not be a foundation in the ideal of equality (as is often thought), but a foundation in the partial concerns we have for others. In short, impartialist moral philosophy must take our partial concerns as central if it is to gain allegiance. However, if it does take our partial concerns as central, then it can generate a defence of political impartialism which shows why justice must take priority, but which also acknowledges that pluralism about the good is permanent. (shrink)

Every political theorist will need this book . . . . It is more 'important' than 90% of the work published in philosophy."--Joel Feinberg, University of Arizona.

What are society's distributive obligations to its members? The central contribution of this book lies in its novel response to this question. The response is hard to classify. In featuring a largely hands-off government and allowing for significant material inequality, Sher's vision of a just society has a distinctively (right-)libertarian flavour. However, he does not give an historical account of legitimate holdings. Indeed, he embraces a commitment that suggests an allegiance with liberal egalitarians: namely, that a society owes to (...) its members equal shares of whichever good corresponds to their deepest interests. But his take on which good a just society must distribute equally fits uneasily with liberal egalitarianism. He rejects the standard candidates, including resources, welfare, opportunities, and capabilities. Instead, he maintains, the demands of distributive justice call for (and, indeed, are exhausted by) the equal distribution of ‘the ability to live one's life effectively’ [8]. (shrink)

This updated edition of a well-established anthology of social and political philosophy combines extensive selections from classical works with significant recent contributions to the field, many of which are not easily available. Its central focus is on the liberal currents in modern Western political thought--variants of classical liberalism, modern liberalism, and libertarianism--with specific focus on differing conceptions of political obligation, freedom, distributive justice, and representative democracy. The text is organized into four thematic sections: Political Obligation and Consent, Freedom and (...) Coercion, Justice and Equality, and Democracy and Representation, making it easily accessible to students. Each chapter features selections from classical thinkers alongside writings by influential contemporary philosophers and political theorists, thus tracing the historical development and transformation of Western political thought on key issues in the field. Among the classical authors represented in this collection are Plato, Hobbes, Locke, Rousseau, and Mill. Contemporary contributors include John Rawls, Isaiah Berlin, Thomas Scanlon, Robert Nozick, Thomas Nagel, Ronald Dworkin, and Hanna Pitkin. Each section is preceded by an introductory overview and followed by a helpful, current bibliography providing guides to further reading. (shrink)

This updated edition of a well-established anthology of social and political philosophy combines extensive selections from classical works with significant recent contributions to the field, many of which are not easily available. Its central focus is on the liberal currents in modern Western political thought--variants of classical liberalism, modern liberalism, and libertarianism--with specific focus on differing conceptions of political obligation, freedom, distributive justice, and representative democracy. The text is organized into four thematic sections: Political Obligation and Consent, Freedom and (...) Coercion, Justice and Equality, and Democracy and Representation, making it easily accessible to students. Each chapter features selections from classical thinkers alongside writings by influential contemporary philosophers and political theorists, thus tracing the historical development and transformation of Western political thought on key issues in the field. Among the classical authors represented in this collection are Plato, Hobbes, Locke, Rousseau, and Mill. Contemporary contributors include John Rawls, Isaiah Berlin, Thomas Scanlon, Robert Nozick, Thomas Nagel, Ronald Dworkin, and Hanna Pitkin. Each section is preceded by an introductory overview and followed by a helpful, current bibliography providing guides to further reading. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 32, Number 1, April 2006, pp. 113-117 How Wide Is Hume's Circle? (A question raised by the exchange between Erin I. Kelly and Louis E. Loeb, Hume Studies, November 2004) ANNETTE C. BAIER Hume's version, in An Enquiry concerning the Principles of Morals, section 9,2 of the viewpoint from which moral assessments are made, and from which traits are recognized as virtues or vices, is that (...) it is one which activates a "universal principle of the human frame," the "principle of humanity." It displays "the force of many sympathies," and depends upon our possession of "some propensity to the good of mankind" (EPM 5.39; SBN 226). Does this represent a revision, on Hume's part, of his Treatise claim that sympathy with a person's "narrow circle" is what enables us to judge that person's moral goodness? A humanity-wide circle is scarcely "narrow," even if it is not wide enough for those who see our treatment of animals as relevant to our moral merit or demerit. The claim about sympathy with the narrow circle is made in the Treatise section "Of goodness and benevolence."3 It has recently been assuming the status of a definition of the Humean moral point of view, in some commentators' writings.4 If it had been so intended, then there would indeed be a revision in EPM, where there is no mention of narrow circles, merely two footnotes, 22 and 25, to the section "Why utility pleases," concerning the wisdom of confining our efforts to do good to those close to us, lest our efforts be "dissipated or lost for want of a properly limited object." But in fact Hume never claimed that sympathy with a Annette Baier formerly taught in the Department of Philosophy at the University of Pittsburgh, and is now retired. Email: [email protected]. 114 Annette C. Baier person's narrow circle was enough to enable us to recognize her bravery, her proper pride, her prudence, her good judgement, her wit, her integrity, her "justice" or her allegiance to lawful magistrates. It is needed only to judge her "goodness and benevolence. " (I take it that the title, "Of goodness and benevolence," is pleonastic, that the varieties of benevolence exhaust "goodness.") Just as benevolence is not the whole of virtue, for Hume, nor is "goodness." The section in which he uses the phrase, "narrow circle," begins with an explicit limitation of what is there to be discussed: "Having thus explained that praise and approbation for everything we call great in human affections, we now proceed to give an account of their goodness..." (T 3.3.3.1; SBN 602). "Good" is not, for Hume, the most general term of moral approbation. Just as we can judge some to be "too intrepid" (an ingredient in "greatness of mind"), so we can judge some to be "too good" (EPM 7.22; SBN 259). Hume's most general terms of approbation are "meritorious" and "estimable." He uses "good" in a restricted sense, for a person's possession of the group of virtues that come under "benevolence." In the Treatise 3.3.3.15 (SBN 581-82), he speaks not of one moral point of view, but of "steady and generalpoinrs of view" (my emphasis), and it is possible, indeed plausible, that sympathy with circles of different widths will be needed to recognize different virtues and groups of virtues. For some, such as justice, "extensive sympathy" (T 3.3.1.23; SBN 586) is needed. For others, such as affability, and other aspects of "goodness," we sympathize with the effects of the person's character on a less extensive circle. A good person is affable, generous, and kind, does well as friend, as parent, as neighbor, as colleague, as employer. She does considerate and helpful things to those she encounters, both those close to her, friends, family, and work-mates, and also to those to whom she is not so close, such as the needy in her own community, to whom she may give employment, or charity. Hume uses other phrases in Treatise 3.3 which are sometimes taken to refer to the same... (shrink)

The central argument developed in this essay is that today we are seeing a proliferation of normative orders where once state normativity ruled and the dominant logic was toward producing a unitary normative framing. One synthesizing image we might use to capture these dynamics is that of a movement from centripetal nation-state articulation to a centrifugal multiplication of specialized assemblages. This multiplication in turn can lead to a sort of simplification of normative structures insofar as: these assemblages are partial and (...) often highly specialized formations centered in particular utilities and purposes. The valence of these particular utilities and purposes can range from the search for justice to narrow self-interest . While this is still a minor process in the larger scale of our geopolity, it signals the beginning of a multi-sited, though partial, disruption of its existing formal architecture. This raises questions about the future of crucial frameworks through which modern societies, economies, and polities have operated: the social contract of liberal states, social democracy as we have come to understand it, modern citizenship, and the formal mechanisms that render certain claims legitimate and others illegitimate in liberal democracies. These frameworks have held together complex interdependencies between rights and obligations, power and the law, wealth and poverty, allegiance and exit.Keywords: assemblages; normative; globalization; denationalization; centripetal; centrifugal; utilities; logics; liberal state; claims. (shrink)

In this paper I focus on how far the republican ideal of freedom as non-domination can and should command allegiance across different cultures. Is the ideal bound to western culture, as its provenance may suggest? Or does it have a hold on the human imagination and sensibility that survives across various cultural and historical divides? I argue, in a deeply unfashionable vein,that it does command a form of universal allegiance. Or, to be more exact, I argue that freedom (...) as non-domination has this status in its role as an ideal of social justice. Reasons of space make it impossible to extend the argument to its role as an ideal of political and international justice —as an ideal of democracy and sovereignty —but the considerations I muster should make clear how that argument would go. (shrink)

This essay is about the difficulties of doing criminal justice in the context of severe social injustice. Having been marginalized as citizens of the larger community, those who are victims of severe social injustice are understandably alienated from the dominant political institutions, and, not unreasonably, disrespect their authority, including that of the criminal law. The failure of equal treatment and protection and the absence of anything like fair and decent life prospects for the members of the marginalized populations erode (...) the basis for its allegiance to demands of the political community. The criminal law thus occupies a problematic normative position with respect to lawbreakers in this population; in many cases, it finds itself in the position of convicting them for crimes for which the political community itself bears some significant responsibility. The attempt to administer criminal justice therefore faces a serious moral predicament; on the one hand, criminal law has a right and an.. (shrink)

In the Treatise, Hume offers a detailed account of what he calls the artificial virtues: of justice, of fidelity to promises, and of allegiance to political authority, among others. According to virtually everyone, Hume’s discussion of these artificial virtues—and especially of the conventions on which he argues they depend—is inspired, rich, and subtle. At the same time, also according to virtually everyone, Hume’s discussion is deeply puzzling. Indeed, many have thought the puzzles so deep as to render Hume’s (...) position internally inconsistent. Puzzling though Hume’s discussion is, this chapter argues that Hume’s account of the artificial virtues is not just consistent but plausible and attractive. (shrink)

Canadians take pride in being good citizens of the world, yet our failure to meet global commitments raises questions. Do Canadians need to transcend national loyalties to become full global citizens? Is the idea of rooted cosmopolitanism simply a myth that encourages complacency about Canada's place in the world? This volume assesses rooted cosmopolitanism both in theory and practice. By exploring how Canadians are accommodating "the world" in areas such as multiculturalism, climate change, and humanitarian intervention, the contributors test the (...) possibility of reconciling national allegiances with commitments to human rights, global justice, and international law. (shrink)

Solidarity-the reciprocal relations of trust and obligation between citizens that are essential for a thriving polity-is a basic goal of all political communities. Yet it is extremely difficult to achieve, especially in multiracial societies. In an era of increasing global migration and democratization, that issue is more pressing than perhaps ever before. In the past few decades, racial diversity and the problems of justice that often accompany it have risen dramatically throughout the world. It features prominently nearly everywhere: from (...) the United States, where it has been a perennial social and political problem, to Europe, which has experienced an unprecedented influx of Muslim and African immigrants, to Latin America, where the rise of vocal black and indigenous movements has brought the question to the fore. Political theorists have long wrestled with the topic of political solidarity, but they have not had much to say about the impact of race on such solidarity, except to claim that what is necessary is to move beyond race. The prevailing approach has been: How can a multicultural and multiracial polity, with all of the different allegiances inherent in it, be transformed into a unified, liberal one? Juliet Hooker flips this question around. In multiracial and multicultural societies, she argues, the practice of political solidarity has been indelibly shaped by the social fact of race. The starting point should thus be the existence of racialized solidarity itself: How can we create political solidarity when racial and cultural diversity are more or less permanent? Unlike the tendency to claim that the best way to deal with the problem of racism is to abandon the concept of race altogether, Hooker stresses the importance of coming to terms with racial injustice, and explores the role that it plays in both the United States and Latin America. Coming to terms with the lasting power of racial identity, she contends, is the starting point for any political project attempting to achieve solidarity. (shrink)

Certain artworks appear to have multiple meanings that are also contradictory. In some instances they have attracted so much attention that they are effectively out of the reach of individual monographs. These artworks are monstrous.One reason paintings may become monstrous is that they make unexpected use of ambiguation. Modern and postmodern works of all sorts are understood to be potentially ambiguous ab ovo, but earlier--Renaissance and Baroque--works were constrained to declare relatively stable primary meanings. An older work may have many (...) "layers" of meaning, but it is normally expected to declare its principal message or subject matter, together with its allegiance to one idea or theme. Contemporary historical interpretation expects those stable starting meanings, even as it relishes the exfoliating ambiguities that may come afterward. So when the interpretive apparatus of art history runs up against premodern paintings that intentionally work against unambiguous primary meanings, it can generate a potentially incoherent literature.Some of the most monstrous pictures are Leonardo's Last Supper, Michelangelo's Sistine Ceiling, Watteau's fête galante paintings, Botticelli's Primavera, and Giorgione's Tempesta. The interpretive trichotomy of "Subject," "Not-Subject," and "Anti-Subject" is employed to talk about the ambiguity and polysemy of these monstrous works.This interpretive trichotomy helps order unruly accounts of the most complex artworks. In so doing it illuminates not only some monstrous pictures but a general area of historical interpretation: how to speak of the meaning of a created work in a way that does justice to its complexity and internal tensions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 32, Number 1, April 2006, pp. 113-117 How Wide Is Hume's Circle? (A question raised by the exchange between Erin I. Kelly and Louis E. Loeb, Hume Studies, November 2004) ANNETTE C. BAIER Hume's version, in An Enquiry concerning the Principles of Morals, section 9,2 of the viewpoint from which moral assessments are made, and from which traits are recognized as virtues or vices, is that (...) it is one which activates a "universal principle of the human frame," the "principle of humanity." It displays "the force of many sympathies," and depends upon our possession of "some propensity to the good of mankind" (EPM 5.39; SBN 226). Does this represent a revision, on Hume's part, of his Treatise claim that sympathy with a person's "narrow circle" is what enables us to judge that person's moral goodness? A humanity-wide circle is scarcely "narrow," even if it is not wide enough for those who see our treatment of animals as relevant to our moral merit or demerit. The claim about sympathy with the narrow circle is made in the Treatise section "Of goodness and benevolence."3 It has recently been assuming the status of a definition of the Humean moral point of view, in some commentators' writings.4 If it had been so intended, then there would indeed be a revision in EPM, where there is no mention of narrow circles, merely two footnotes, 22 and 25, to the section "Why utility pleases," concerning the wisdom of confining our efforts to do good to those close to us, lest our efforts be "dissipated or lost for want of a properly limited object." But in fact Hume never claimed that sympathy with a Annette Baier formerly taught in the Department of Philosophy at the University of Pittsburgh, and is now retired. Email: [email protected]. 114 Annette C. Baier person's narrow circle was enough to enable us to recognize her bravery, her proper pride, her prudence, her good judgement, her wit, her integrity, her "justice" or her allegiance to lawful magistrates. It is needed only to judge her "goodness and benevolence. " (I take it that the title, "Of goodness and benevolence," is pleonastic, that the varieties of benevolence exhaust "goodness.") Just as benevolence is not the whole of virtue, for Hume, nor is "goodness." The section in which he uses the phrase, "narrow circle," begins with an explicit limitation of what is there to be discussed: "Having thus explained that praise and approbation for everything we call great in human affections, we now proceed to give an account of their goodness..." (T 3.3.3.1; SBN 602). "Good" is not, for Hume, the most general term of moral approbation. Just as we can judge some to be "too intrepid" (an ingredient in "greatness of mind"), so we can judge some to be "too good" (EPM 7.22; SBN 259). Hume's most general terms of approbation are "meritorious" and "estimable." He uses "good" in a restricted sense, for a person's possession of the group of virtues that come under "benevolence." In the Treatise 3.3.3.15 (SBN 581-82), he speaks not of one moral point of view, but of "steady and generalpoinrs of view" (my emphasis), and it is possible, indeed plausible, that sympathy with circles of different widths will be needed to recognize different virtues and groups of virtues. For some, such as justice, "extensive sympathy" (T 3.3.1.23; SBN 586) is needed. For others, such as affability, and other aspects of "goodness," we sympathize with the effects of the person's character on a less extensive circle. A good person is affable, generous, and kind, does well as friend, as parent, as neighbor, as colleague, as employer. She does considerate and helpful things to those she encounters, both those close to her, friends, family, and work-mates, and also to those to whom she is not so close, such as the needy in her own community, to whom she may give employment, or charity. Hume uses other phrases in Treatise 3.3 which are sometimes taken to refer to the same... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Thinking with Heidegger:Rethinking Environmental Theory and PracticeKevin Michael DeLuca (bio)Environmentalism is tired. It is a movement both institutionalized and insipid. The vast majority of Americans claim to be environmentalists while buying ever more SUVs, leaf-blowers, and uncountable plastic consumer goods. Indeed, environmentalism itself has become just another practice of consumerism, a matter of buying Audubon memberships, Ansel Adams calendars, and 'biodegradable' plastic bags with one's Sierra Club credit card. (...) As a practice of everyday life, environmentalism has devolved into another lifestyle choice.On the political front, carbon-copy blow-dried presidential candidates proclaim their allegiance to the environment, an allegiance that is more a sign of fealty to opinion polls than a concern with environmental issues. In the world of real-politic, environmental regulations are gutted as corporations write legislation for the politicians they have bought. Outspent and outmaneuvered, mainstream environmental groups preach at the altar of broken promises about the potential of lobbying and insider access while awaiting the blandishments of the next candidate. As [End Page 67] a political practice, mainstream environmentalism has degenerated into a marginal special-interest group.On the intellectual front, a confusing array of reform environmentalists, deep ecologists, social ecologists, ecofeminists, wilderness advocates, social justice activists, social constructionists, and Christian ecologists offer a cacophony of competing paradigms and programs while exchanging charges and countercharges of wrong-headedness and infidelity. If on the level of practice an exhausted environmentalism has achieved both institutionalism and irrelevance, intellectually environmentalism has reached several stasis points. This is crucial, for at a level that is unusual for social movements, environmentalism has always highlighted the importance of how we think about the environment, that ideas of nature are powerful because practices follow from ideas. In other words, how we think about nature guides how we act toward nature. In the midst of this melee I want to suggest we reconsider the work of Martin Heidegger.I want to think Heidegger in distress: in the distress of machination; in the distress of the technological enframing of the earth; in the distress of the environmental crisis. In rejecting a Heideggerian hermeneutics, a piety to textual exegesis, I hope to stress Heidegger in order to stress environmental theory. With few exceptions,1 two insufficient responses typify the reception of Heidegger in environmental thinking. One is to champion Heidegger as some proto-environmentalist. Certainly, quotes from such works as Being and Time, Contributions to Philosophy: From Enowning, "The Question Concerning Technology," "Building Dwelling Thinking," and "The Age of the World Picture" inspire such a reading. Such readings, however, present a simplified Heidegger. For example, a poor reading of an essay such as "The Question Concerning Technology" produces the conclusion that Heidegger was anti-technology.2 These misreadings are not merely accidental but a result of the goal of the citation. The challenge of Heidegger is not engaged to develop environmental theory; rather, Heidegger is cited to lend some borrowed legitimacy to the fledgling enterprise. The most prominent example of this move occurs in Devall and Sessions' Deep Ecology, wherein Heidegger joins a potpourri of thinkers, including Dogen, Job, St. Francis of Assisi, Giordano Bruno, Spinoza, Thoreau, Chief Seattle, Herman Melville, John Muir, Aldous Huxley, Gandhi, Rainer Maria Rilke, Aldo Leopold, Robinson Jeffers, Mary Austin, Rachel Carson, Barry Commoner, Stanley Diamond, and [End Page 68] David Brower from a host of traditions, including Taoism, Hinduism, Zen Buddhism, Christianity, Native American thought, Romanticism, and ecological science (1985, 79–108). The result is confusion, at best.On the other hand, in a second response Heidegger serves as a kind of bogeyman, a Nazi used to tar the more radical environmental groups. The syllogism is simple and simplistic: Deep Ecologists are bio/ecocentric; Deep Ecologists quote Heidegger; Heidegger was a Nazi; Therefore, Deep Ecologists are Nazis/fascists. (To push this thinking to its logical extreme, then, all nonanthropocentric thinking is fascist.) Both responses may be useful for polemics but serve to prevent a possibly productive exploration of Heidegger for the engagement of the difficult problems that have stumped environmentalism on multiple levels.Violating HeideggerAs a prefatory word, even a cursory glance at Heidegger's work reveals him to be a thinker who... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Thinking with Heidegger:Rethinking Environmental Theory and PracticeKevin Michael DeLuca (bio)Environmentalism is tired. It is a movement both institutionalized and insipid. The vast majority of Americans claim to be environmentalists while buying ever more SUVs, leaf-blowers, and uncountable plastic consumer goods. Indeed, environmentalism itself has become just another practice of consumerism, a matter of buying Audubon memberships, Ansel Adams calendars, and 'biodegradable' plastic bags with one's Sierra Club credit card. (...) As a practice of everyday life, environmentalism has devolved into another lifestyle choice.On the political front, carbon-copy blow-dried presidential candidates proclaim their allegiance to the environment, an allegiance that is more a sign of fealty to opinion polls than a concern with environmental issues. In the world of real-politic, environmental regulations are gutted as corporations write legislation for the politicians they have bought. Outspent and outmaneuvered, mainstream environmental groups preach at the altar of broken promises about the potential of lobbying and insider access while awaiting the blandishments of the next candidate. As [End Page 67] a political practice, mainstream environmentalism has degenerated into a marginal special-interest group.On the intellectual front, a confusing array of reform environmentalists, deep ecologists, social ecologists, ecofeminists, wilderness advocates, social justice activists, social constructionists, and Christian ecologists offer a cacophony of competing paradigms and programs while exchanging charges and countercharges of wrong-headedness and infidelity. If on the level of practice an exhausted environmentalism has achieved both institutionalism and irrelevance, intellectually environmentalism has reached several stasis points. This is crucial, for at a level that is unusual for social movements, environmentalism has always highlighted the importance of how we think about the environment, that ideas of nature are powerful because practices follow from ideas. In other words, how we think about nature guides how we act toward nature. In the midst of this melee I want to suggest we reconsider the work of Martin Heidegger.I want to think Heidegger in distress: in the distress of machination; in the distress of the technological enframing of the earth; in the distress of the environmental crisis. In rejecting a Heideggerian hermeneutics, a piety to textual exegesis, I hope to stress Heidegger in order to stress environmental theory. With few exceptions,1 two insufficient responses typify the reception of Heidegger in environmental thinking. One is to champion Heidegger as some proto-environmentalist. Certainly, quotes from such works as Being and Time, Contributions to Philosophy: From Enowning, "The Question Concerning Technology," "Building Dwelling Thinking," and "The Age of the World Picture" inspire such a reading. Such readings, however, present a simplified Heidegger. For example, a poor reading of an essay such as "The Question Concerning Technology" produces the conclusion that Heidegger was anti-technology.2 These misreadings are not merely accidental but a result of the goal of the citation. The challenge of Heidegger is not engaged to develop environmental theory; rather, Heidegger is cited to lend some borrowed legitimacy to the fledgling enterprise. The most prominent example of this move occurs in Devall and Sessions' Deep Ecology, wherein Heidegger joins a potpourri of thinkers, including Dogen, Job, St. Francis of Assisi, Giordano Bruno, Spinoza, Thoreau, Chief Seattle, Herman Melville, John Muir, Aldous Huxley, Gandhi, Rainer Maria Rilke, Aldo Leopold, Robinson Jeffers, Mary Austin, Rachel Carson, Barry Commoner, Stanley Diamond, and [End Page 68] David Brower from a host of traditions, including Taoism, Hinduism, Zen Buddhism, Christianity, Native American thought, Romanticism, and ecological science (1985, 79–108). The result is confusion, at best.On the other hand, in a second response Heidegger serves as a kind of bogeyman, a Nazi used to tar the more radical environmental groups. The syllogism is simple and simplistic: Deep Ecologists are bio/ecocentric; Deep Ecologists quote Heidegger; Heidegger was a Nazi; Therefore, Deep Ecologists are Nazis/fascists. (To push this thinking to its logical extreme, then, all nonanthropocentric thinking is fascist.) Both responses may be useful for polemics but serve to prevent a possibly productive exploration of Heidegger for the engagement of the difficult problems that have stumped environmentalism on multiple levels.Violating HeideggerAs a prefatory word, even a cursory glance at Heidegger's work reveals him to be a thinker who... (shrink)

David Hume’s position on religion is, broadly speaking, “politic”: instrumental and consequentialist. Religions should be tolerated or not according to their effects on political peace and order. Such theories of toleration are often rejected as immoral or unstable. The reading provided here responds by reading Hume’s position as one of radically indirect consequentialism. While religious policy should serve consequentialist ends, making direct reference to those ends merely gives free reign to religious-political bigotry and faction. Toleration, like Hume’s other “artificial virtues” (...) (justice, fidelity to promises, allegiance to government), is a universally useful response to our universal partiality—as established uniformity, however tempting, is not. This implies that toleration can progress through political learning, becoming broader and more constitutionally established over time. A sophisticated Humean approach thus shares the stability and normative attractiveness of respect- or rights-based arguments while responding more acutely and flexibly to problems the former often slights: antinomian religious extremism; underdefined political agency; and internationalized, politicized religious movements. (shrink)

John Rawls pinpoints stability as the driving force behind many of the changes to justice as fairness from A Theory of Justice to Political Liberalism. Current debates about Rawlsian stability have centered on the possibility of maintaining one’s allegiance to the principles of justice while largely ignoring how citizens acquire a sense of justice. However, evaluating the account of stability in political liberalism requires attention to the impact of reasonable pluralism on both of these issues. (...) I will argue that the first question of Rawlsian stability – how a child acquires a sense of justice – remains unanswered in Political Liberalism. This fact has been overlooked by Rawls, his defenders, and his critics. The failure to attend to the ways reasonable pluralism undermines Rawls’s own story about a child’s moral development ultimately threatens Rawls’s account of stability in political liberalism – or so I will argue. Despite all of the changes Rawls makes to justice as fairness in order to resolve the stability challenge, Political Liberalism fails to deliver the robust stability Rawls seeks. (shrink)

This paper explores the relationship between tolerance, forgiveness, and justice. Contrary to prevailing wisdom, it argues that tolerance and forgiveness are not independent virtues vying with justice for our allegiance, but that they fall under justice’s imperative to judge other people objectively and treat them as they deserve. Misguided extensions of tolerance and forgiveness imperil the very values that ethics is designed to promote. Thus tolerance and forgiveness are neither virtues nor vices; they are appropriate only (...) when authorised by justice. The paper clarifies the common confusion of tolerance with respect for individuals’ rights, and argues that forgiveness is not a supererogatory act of generosity, but is sometimes morally required. (shrink)

The public reason project recommends that basic public matters should be decided by public reasons alone, so that citizens’ plural non-public or private reasons will not endanger the unity of the society’s public reason, which is responsible for the stability of the basic structure of society. PRP employs the strategy of insulation and accords priority to public reasons over private reasons. This much is normative or prescriptive, but for PRP to be a tenable and genuinely authoritative normative scheme, it should (...) also incorporate reliable means to win citizens’ firm allegiance to its mandates, which forms the 3rd major strategy of PRP. While much effort has been devoted to investigating the first two strategies of PRP, the third is relatively neglected. But this should not be the case, as the third strategy is also a constitutive part of PRP and it has profound implications for the other two strategies. This dissertation thus sets out to make up on this, by taking John Rawls’s particular approach to PRP as an example, which exhibits the most complete picture of PRP. I ask, in a nutshell, how are PRP’s prospects? More specifically, I scrutinize the attainability of the ideal of public reason, in which citizens heartily uphold or even endorse the spirit of public reason, just as depicted in Rawls’s ideal of well-ordered pluralistic society. To reliably measure the prospects/feasibility of a certain ideal, some rigorous metric is indispensable. For this we can, very intuitively, measure the all-purpose resources for bringing about the ideal: based on comparison between the amount of resources available and the amount required/expected by the ideal, we can decide if the ideal is attainable or not. Few philosophers have thought about the prospects of their moral/social/political ideals along this line. Fortunately, Rawls provides a well-defined interface between ideal and reality in his approach to PRP, so we can still carry out the comparison. This interface is the conception of a well-ordered society, which consists primarily of the conception of the person/citizen as rational and reasonable and the conception of the society as the framework of social cooperation. As these conceptions contain elements informed both by the ideal and by reality, their inner coherence provides crucial clue for deciding the prospects of the ideal as a whole. The major part of this dissertation is devoted to the investigation of these two conceptions, respectively in the domestic and the global settings. The focus is on whether reality can meet the requirements laid down by the ideal of public reason. Specifically, with regard to the conception of the person/citizen, I examine whether a citizen can develop firm allegiance to public reason either by living a well-ordered society or by deliberating on the congruence between her private reasons and the society’s public reason. With regard to the conception of the society, I examine whether the ethos of reciprocity can be elicited and sustained by citizens’ viewing themselves as civic friends with each other and by recognizing the great value of actively participating in social/public life with others. After extending PRP into the global setting a similar investigation is carried out, focusing on the conception of the people and that of the Society of Peoples. With regard to the conception of the people, I examine whether a liberal people can develop and maintain a moral disposition that effectively uphold GPR and whether a non-liberal but decent people can be attracted to the liberal way. With regard to the conception of the Society of Peoples, I examine whether the ethos of reciprocity can be elicited and sustained by peoples’ mutual affinity and, relatedly, whether the thesis of democratic peace can be sustained within the global circumstances of justice. On all these fronts, the prospects of the ideal are severely undermined by the weakness in our moral capacity as well as by the deep connection between public reason and private reasons. As a result, the prospects of public reason are much less secure than commonly assumed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Utility and Morality: Adam Smith's Critique of Hume Marie A. Martin Reading Smith's Theory ofMoral Sentiments one cannot help but note that, in spite ofthe obvious similarities between Smith and Hume and the equally obvious borrowings and adaptions Smith makesofportions of Hume's theory, the two differ substantially on the role of utility in morality. The difference is, in fact, practically diametrical opposition. Hume believed that utility was the "foundation (...) of the chief part of morals." Smith, on the other hand, believed that, while utility may contribute an additional beauty to virtue, it is never the source oftheir virtue and rarely the source of moral approbation. Given their agreement in so many other respects, why the difference regarding utility? To answer this question I shall examine both Smith's specific criticisms ofHume regarding the role ofutility in morals and his more general objections to any theory that makes an appeal to utility a foundation ofmoral approval. I shall show that, while Smith does raise anumber ofgenuine difficulties for Hume's theory, he does not succeed in his most serious criticism, that is, that Hume's theory does not adequately capture the essentially social nature ofmorality. Hume's View ofthe Role ofUtility AccordingtoHume, the sentimentofmoral approbation arisesfrom the perception ofqualities ofcharacter or mind which are either useful or agreeable to ourselves or others. Examples of qualities agreeable to ourselves include cheerfulness, confidence, self-respect, and taste. Examples of qualities agreeable to others include manners, wit, eloquence, andmodesty. But themajorityofourmoral sentiments arise from the perception of the usefulness of qualities, that is, "from reflexions on their tendency to the happiness of mankind, and of particularpersons."2 Utility or usefulness is nothing but a tendency to a certain end. But, Hume claims, "itis acontradictioninterms, thatany thingpleases as means to an end, where the end itself no wise affects us" (E 219). Thus, ifwe approve ofthose qualities thathave a tendency to promote the happiness or well-being of either the possessor or others, it must be eitherbecause we value theirhappinessin itselforbecause we value it as a means to our own interests. Volume XVI Number 2 107 MARIE A. MARTIN Hume rejects the second alternative as contrary to experienced fact. The "selfish systems" which attempt to reduce all moral approbation to self-interest cannot account for our praise and admiration ofthe courage and fortitude ofour enemies even when their consequences thwart our own interests. Neither can such systems account for the fact that "[w]e frequently bestow praise on virtuous actions, performed in very distant ages and remote countries; where the utmost subtilty ofimagination would not discover any appearance ofself-interest" (E 215-16). If it is not self-interest that leads us to approve useful qualities, thenitis clear that"[w]e must adopt amore public affection, and allow, that the interests ofsocietyare not, even on their own account, entirely indifferent to us" (E 219). We approve of qualities that promote the well-being of others because we have a natural concern for their welfare. In general, it is certain, that, wherever we go, whatever we reflect on or converse about, every thing still presents us with the view of human happiness or misery, and excites in our breast a sympathetic movement of pleasure or uneasiness. (E 221) Thus, our approval of useful qualities rests on their tendency to promote the happiness of those who possess or are affected by them, and this, in turn, rests on sympathy, the communication of passions, whereby we "feel" for others—happiness for theirjoys, sorrow for their miseries. So, althoughtheutilityofqualitiesofcharacteris notthe solecause ofour approbation, it is the most extensive and important one. It appears tobe matter offact, that the circumstance oíutility, in all subjects, is a source ofpraise and approbation: That it is constantly appealed to in all moral decisions concerning the merit and demerit ofactions: That it is the sole source ofthat high regard paid to justice, fidelity, honour, allegiance, and chastity: That it is inseparable from all the other social virtues, humanity, generosity, charity, affability, lenity, mercy, and moderation: And, in a word, that it is the foundation ofthe chief part of morals, which has a reference to mankind and our fellow-creatures. (E... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Utility and Morality: Adam Smith's Critique of Hume Marie A. Martin Reading Smith's Theory ofMoral Sentiments one cannot help but note that, in spite ofthe obvious similarities between Smith and Hume and the equally obvious borrowings and adaptions Smith makesofportions of Hume's theory, the two differ substantially on the role of utility in morality. The difference is, in fact, practically diametrical opposition. Hume believed that utility was the "foundation (...) of the chief part of morals." Smith, on the other hand, believed that, while utility may contribute an additional beauty to virtue, it is never the source oftheir virtue and rarely the source of moral approbation. Given their agreement in so many other respects, why the difference regarding utility? To answer this question I shall examine both Smith's specific criticisms ofHume regarding the role ofutility in morals and his more general objections to any theory that makes an appeal to utility a foundation ofmoral approval. I shall show that, while Smith does raise anumber ofgenuine difficulties for Hume's theory, he does not succeed in his most serious criticism, that is, that Hume's theory does not adequately capture the essentially social nature ofmorality. Hume's View ofthe Role ofUtility AccordingtoHume, the sentimentofmoral approbation arisesfrom the perception ofqualities ofcharacter or mind which are either useful or agreeable to ourselves or others. Examples of qualities agreeable to ourselves include cheerfulness, confidence, self-respect, and taste. Examples of qualities agreeable to others include manners, wit, eloquence, andmodesty. But themajorityofourmoral sentiments arise from the perception of the usefulness of qualities, that is, "from reflexions on their tendency to the happiness of mankind, and of particularpersons."2 Utility or usefulness is nothing but a tendency to a certain end. But, Hume claims, "itis acontradictioninterms, thatany thingpleases as means to an end, where the end itself no wise affects us" (E 219). Thus, ifwe approve ofthose qualities thathave a tendency to promote the happiness or well-being of either the possessor or others, it must be eitherbecause we value theirhappinessin itselforbecause we value it as a means to our own interests. Volume XVI Number 2 107 MARIE A. MARTIN Hume rejects the second alternative as contrary to experienced fact. The "selfish systems" which attempt to reduce all moral approbation to self-interest cannot account for our praise and admiration ofthe courage and fortitude ofour enemies even when their consequences thwart our own interests. Neither can such systems account for the fact that "[w]e frequently bestow praise on virtuous actions, performed in very distant ages and remote countries; where the utmost subtilty ofimagination would not discover any appearance ofself-interest" (E 215-16). If it is not self-interest that leads us to approve useful qualities, thenitis clear that"[w]e must adopt amore public affection, and allow, that the interests ofsocietyare not, even on their own account, entirely indifferent to us" (E 219). We approve of qualities that promote the well-being of others because we have a natural concern for their welfare. In general, it is certain, that, wherever we go, whatever we reflect on or converse about, every thing still presents us with the view of human happiness or misery, and excites in our breast a sympathetic movement of pleasure or uneasiness. (E 221) Thus, our approval of useful qualities rests on their tendency to promote the happiness of those who possess or are affected by them, and this, in turn, rests on sympathy, the communication of passions, whereby we "feel" for others—happiness for theirjoys, sorrow for their miseries. So, althoughtheutilityofqualitiesofcharacteris notthe solecause ofour approbation, it is the most extensive and important one. It appears tobe matter offact, that the circumstance oíutility, in all subjects, is a source ofpraise and approbation: That it is constantly appealed to in all moral decisions concerning the merit and demerit ofactions: That it is the sole source ofthat high regard paid to justice, fidelity, honour, allegiance, and chastity: That it is inseparable from all the other social virtues, humanity, generosity, charity, affability, lenity, mercy, and moderation: And, in a word, that it is the foundation ofthe chief part of morals, which has a reference to mankind and our fellow-creatures. (E... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.2 (2003) 402-414 [Access article in PDF] Past's Weight, Future's Promise:Reading Electra William Junker I SOPHOCLES' Electrapresents as its main character a woman who is tortured by the remembrance of things past: Even my pitiful bed remembers, there in that dreadful house, my long night-watches grieving my unlucky father who found no foreign resting place in war but died when my mother and Aegisthus, her lover, (...) took an axe to his head as a woodman does a tree. (85-95) 1The story she tells is a familiar one. Her father, Agamemnon, having returned from the Trojan War, is murdered by Clytemnestra and her lover Aegisthus. Clytemnestra's motives are complex and unclear, for Agamemnon had previously sacrificed their daughter, Iphigenia, in order to ensure military success, and it is an open question as to what extent maternal vengeance as opposed to romantic intrigue motivated [End Page 402] her action. After the murder, Electra rescues her brother Orestes from probable death by sending him abroad (Aegisthus fearing revenge would have killed the child) while she grows and lives as an outcast in her own home, awaiting the day when the grown Orestes will return and bring their father's murderers to justice.The story, and its ensuing consequences, had already been handled masterfully in Aeschylus' Oresteia; but in Sophocles' play there is considerably more interest shown in Electra herself. 2 This focus results in a magnification of Electra's mourning for her father along with a sustained meditation upon how this mourning results in her inability to live, in any full sense, with the knowledge of his death. She cannot escape the memory of the injustice done him, and this memory fuels her hopes for Orestes' return even as it renders her, for all practical purposes, incapacitated.Her character thus described draws continual attention during the course of the play, and in their first appearance the Chorus admonishes her: "When you go on too far with grief, / you come to endless anguish, and destroy yourself. / There is no salvation from your troubles here, / so why should you persist in suffering" (136-39). Electra herself views her persistent suffering as necessary and noble, a show of allegiance to her murdered father and a refusal to compromise with his killers. The Chorus and Chrysothemis, however, argue that by so carrying on Electra is in reality causing more damage to herself than her situation warrants. Her ragged appearance, quite noticeable stench, and public outcries do nothing to help redress her father's honor; they rather highlight her mania and point toward insanity. At one point Chrysothemis implies as much. To Electra's accusation that her position of political compromise is dishonorable, she rebuts: "There's honor in not letting madness defeat you" (395)—suggesting both a different conception of honor and a veiled appraisal of her sister's mental health. In the service of life and sanity, the Chorus and Chrysothemis seem to say, leave off your suffering. In the service of honor and the dead, Electra rejoins, I cannot. The movement of the play in fact continually juxtaposes the position of Electra with that of her critics, and this juxtaposition is one that calls for interpretive elucidation. 3An especially fertile way of adjudicating these issues in Electra is afforded us by Nietzsche, and, specifically, by his On the Advantage and Disadvantage of History for Life. This is the case because, as I want to suggest, Nietzsche's essay provides a framework which reconstructs, and in a unique way, the central problem of Electra. That problem is [End Page 403] essentially one of reconciling the conflicting claims of familial honor and memory with the claims of life. Through Nietzsche's exposition of history and its relation to life, this problem is both illumined and given greater subtlety—illumined, in that the potential agôn between history and life, while present in Sophocles' Electra, is not just obvious; and made subtle, in that Nietzsche's proposed solution to this agôn allows for a reading of the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.2 (2003) 402-414 [Access article in PDF] Past's Weight, Future's Promise:Reading Electra William Junker I SOPHOCLES' Electrapresents as its main character a woman who is tortured by the remembrance of things past: Even my pitiful bed remembers, there in that dreadful house, my long night-watches grieving my unlucky father who found no foreign resting place in war but died when my mother and Aegisthus, her lover, (...) took an axe to his head as a woodman does a tree. (85-95) 1The story she tells is a familiar one. Her father, Agamemnon, having returned from the Trojan War, is murdered by Clytemnestra and her lover Aegisthus. Clytemnestra's motives are complex and unclear, for Agamemnon had previously sacrificed their daughter, Iphigenia, in order to ensure military success, and it is an open question as to what extent maternal vengeance as opposed to romantic intrigue motivated [End Page 402] her action. After the murder, Electra rescues her brother Orestes from probable death by sending him abroad (Aegisthus fearing revenge would have killed the child) while she grows and lives as an outcast in her own home, awaiting the day when the grown Orestes will return and bring their father's murderers to justice.The story, and its ensuing consequences, had already been handled masterfully in Aeschylus' Oresteia; but in Sophocles' play there is considerably more interest shown in Electra herself. 2 This focus results in a magnification of Electra's mourning for her father along with a sustained meditation upon how this mourning results in her inability to live, in any full sense, with the knowledge of his death. She cannot escape the memory of the injustice done him, and this memory fuels her hopes for Orestes' return even as it renders her, for all practical purposes, incapacitated.Her character thus described draws continual attention during the course of the play, and in their first appearance the Chorus admonishes her: "When you go on too far with grief, / you come to endless anguish, and destroy yourself. / There is no salvation from your troubles here, / so why should you persist in suffering" (136-39). Electra herself views her persistent suffering as necessary and noble, a show of allegiance to her murdered father and a refusal to compromise with his killers. The Chorus and Chrysothemis, however, argue that by so carrying on Electra is in reality causing more damage to herself than her situation warrants. Her ragged appearance, quite noticeable stench, and public outcries do nothing to help redress her father's honor; they rather highlight her mania and point toward insanity. At one point Chrysothemis implies as much. To Electra's accusation that her position of political compromise is dishonorable, she rebuts: "There's honor in not letting madness defeat you" (395)—suggesting both a different conception of honor and a veiled appraisal of her sister's mental health. In the service of life and sanity, the Chorus and Chrysothemis seem to say, leave off your suffering. In the service of honor and the dead, Electra rejoins, I cannot. The movement of the play in fact continually juxtaposes the position of Electra with that of her critics, and this juxtaposition is one that calls for interpretive elucidation. 3An especially fertile way of adjudicating these issues in Electra is afforded us by Nietzsche, and, specifically, by his On the Advantage and Disadvantage of History for Life. This is the case because, as I want to suggest, Nietzsche's essay provides a framework which reconstructs, and in a unique way, the central problem of Electra. That problem is [End Page 403] essentially one of reconciling the conflicting claims of familial honor and memory with the claims of life. Through Nietzsche's exposition of history and its relation to life, this problem is both illumined and given greater subtlety—illumined, in that the potential agôn between history and life, while present in Sophocles' Electra, is not just obvious; and made subtle, in that Nietzsche's proposed solution to this agôn allows for a reading of the... (shrink)

Nationalism seems a persistent ideology in academia as much as in politics; despite the fact that it has been shown that nationalism is deeply unjust for minorities. A case for national identity is often invoked to supplement liberalism regarding the inner difficulties that liberal theories have to explain their membership, assure stability and produce endorsement. So, it seems that national identity may also be required for justice. While this controversy continues, I argue that a different approach is available. We (...) can define a conception of legitimacy independently from a conception of justice, and then ask what legitimacy requires from our national allegiances. If everything goes well, much of the controversy from justice disappears as we find that the case for cultural nationalism may be illegitimate for liberal democracies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Socrates Dissatisfied: An Analysis of Plato’s Crito by Roslyn WeissMark L. McPherranRoslyn Weiss. Socrates Dissatisfied: An Analysis of Plato’s Crito. New York: Oxford University Press, 1997. Pp. xii + 187. Cloth, $39.95.The speech by ‘the Laws’ of the Crito has commonly been understood as a case of Socratic ventriloquism, voicing a doctrine of authoritarian civic obligation that Socrates himself endorses. This, of course, generates the standard problem of (...) reconciling this docile son of Athens with the radically autonomous Socrates of the Apology, a man obedient only to the dictates of his own reason. Roslyn Weiss’s book sets out to challenge this mainstream reading.On Weiss’s account, the speech of the Laws is a piece of crafty Socratic rhetoric antithetical to Socrates’ own convictions. Its purpose, then, is to convince not the reader but the lawless and unphilosophical Crito that Socrates ought to remain in Athens, using terms that Crito can comprehend (terms that will benefit his soul by making him more law-abiding). Despite this false ‘oratory’ (50b6–8), however, Socrates’ own first allegiance is to “justice and philosophy” (3) whose principles dictate that he suffer the court’s judgment, “abiding by the things agreed to” at his trial (Cr. 50a2–3).Although others have argued for this thesis, this is the first book-length argument of its kind and it supersedes all previous attempts in its persuasiveness and its thorough and detailed treatment: sensitive not only to the dialogue’s Greek and argumentative structure, but also to its literary/characterological nuances, it establishes an important scholarly outpost on the interpretation of the Crito and a worthy challenge to Richard Kraut’s reading. It is, finally, written in a remarkably engaging, clean and effective style, addressing the secondary scholarship adequately, and providing a useful bibliography and general index (though, regrettably, no Index Locorum).The book essentially follows the text of the Crito in a series of nine chapters. After a short Introduction, Chapter 2 begins by portraying Socrates as an autonomous moral agent utterly devoted to justice; Chapter 3 distinguishes Crito from Socrates; Chapter 4 contends that 46b–50a outlines Socrates’ complete argument against escape (one compatible with the principles of the Apology); Chapter 5 unpacks Socrates’ hint at 50a–d that the Laws will be offering only rhetorical arguments; Chapter 6 outlines these arguments and their logical flaws; Chapter 7 addresses Socrates’ characterization of their effect as ‘Corybantic’ (54d); Chapter 8 explains how the Laws are able to “boost Crito to a higher rung on the moral ladder,” (6); and finally, Chapter 9 reaffirms the radical moral independence of Socrates.Provocative and impressive, the book is bound to provoke criticism and reservations in its readers. Here I can only record a sample of my own. First, it seems to me that Weiss’s desire to portray Socrates as a slave of reason and not the state leads her astray when she tries to account for Socrates’ apparent reliance on the extrarational (15–23). Weiss, for example, tries to map out a new third alternative to the opposition between Vlastos’ view that the daimonion is no more than a kind of subjective, contentless hunch and the Brickhouse, Smith and McPherran view that the daimonion can oppose and ‘trump’ the results of rational deliberation. As she sees it, for Socrates the daimonion is not a voice independent of, and in potential conflict with, his own thinking; rather, it is the voice of his own unconscious beliefs, restraining him for his own reasons from [End Page 620] doing what he is tempted to do in moments of weakness. There is much to be said against this account, but it will suffice to point out that whatever the true nature of the daimonion might have been, Socrates is not likely to have been sympathetic to Weiss’s analysis of it. All our evidence, after all, indicates that Socrates takes the cause of the daimonion to be a god or daimoôn in the traditional sense of those terms (see, e.g., Ap. 27b–28a). Weiss’s proposal also runs up against texts such as Lysis 218C4–8 and 215C4–5, where Socrates recounts an... (shrink)