In this article I discuss what I am calling “ally aesthetics.” I suggest a set of necessary, though not necessarily sufficient, considerations for the creation of successful instances of ally art. Focusing on three case studies, I propose some key characteristics of ally aesthetics, such as its contextual/temporal nature and how that relates to success and the importance of understanding the place of the ally aesthetic within the larger movements they are allying with.
Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic (...) moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field. (shrink)
Gregory Fried offers in this book a careful investigation of Martin Heidegger’s understanding of politics. Disturbing issues surround Heidegger’s commitment to National Socialism, his disdain for liberal democracy, and his rejection of the Enlightenment. Fried confronts these issues, focusing not on the historical debate over Heidegger’s personal involvement with Nazism, but on whether and how the formulation of Heidegger’s ontology relates to his political thinking as expressed in his philosophical works. The inquiry begins with Heidegger’s interpretation of Heraclitus, (...) particularly the term polemos. Fried contends that Heidegger invests polemos with broad ontological significance and that his appropriation of the word provides important insights into major strands of his thinking—his conception of the human being, understanding of truth, and interpretation of history—as well as the meaning of the so-called turn in his thought. Although Fried finds that Heidegger’s politics are continuous with his thought, he also argues that Heidegger’s work raises important questions about contemporary identity politics. Fried also shows that many postmodernists, despite attempts to distance themselves from Heidegger, fail to avoid some of the same political pitfalls his thinking entailed. (shrink)
Near the beginning of Charles Baudelaire’s Salon of 1846—one of the most brilliant and intellectually ambitious essays in art criticism ever written—the twenty-five-year-old author states that “the critic should arm himself from the start with a sure criterion, a criterion drawn from nature, and should then carry out his duty with a passion; for a critic does not cease to be a man, and passion draws similar temperaments together and exalts the reason to fresh heights.”1 It may be the emphasis (...) on passion, indeed on strong personal feeling of every kind, not only here but everywhere in the Salon, that has prevented commentators from taking wholly seriously the possibility that a single criterion is in fact at work throughout it. But what if that criterion operates in the realm of feeling, if it is itself a feeling or complex of feelings, and if, moreover, as Baudelaire as much as says, no conflict between the claims of reason and of passion exists within his conception of the critical enterprise? Not that scholars have failed to recognize either the brilliance or the ambitiousness of the Salon of 1846; on the contrary, it is widely regarded as the major extrapoetic text of Baudelaire’s early career and especially in recent years has received extensive commentary. But by and large, those who have written about it have focused primarily on topics, such as Baudelaire’s conception of nature, his vision of the creative process, and the relation of his ideas to those of other critics, that seem to me, if not quite pseudoproblems, at any rate concerns that lead us to ignore what the text may be saying about its own manner of proceeding.2 I acknowledge, too, that certain features of that manner—the mixture of irony and seriousness in the opening dedication to the bourgeois, the many abrupt fluctuations of tone in the body of the essay, the seeming breaks in the argument from section to section, the texture and movement of the prose—could hardly be less systematic in effect. And yet it would not be hard to show that the Salon as a whole is the product of a remarkable effort, not merely to ground the judgment of individual works of art in a single experiential principle but also to bind together a number of diverse concerns—pictorial, literary, political, philosophical—in an intellectually coherent structure every part of which is meant to be consonant with every other. No wonder the last sentence of the Salon apostrophizes Balzac: the sheer inclusiveness of Baudelaire’s undertaking recalls nothing so much as the scope of the Comédie humaine. 1. Charles Baudelaire, Salon of 1846, Art in Paris 1845-1862: Salons and Other Exhibitions, ed. and trans. Jonathan Mayne , pp. 101-2. All further references to the Salon of 1846 will be included parenthetically in the text . I have also consulted the recent edition, Baudelaire: “Salon de 1846,” ed. David Kelley , which includes a useful introduction and bibliography.2. See, for example, Margaret Gilman, Baudelaire, the Critic , pp. 12-53 and 77-111; F. W. Leakey, “Les Esthétiques de Baudelaire: Le ‘Système’ des annés 1844-1847,” Revue des sciences humaines, n.s., fasc. 127 : 481-96, and Baudelaire and Nature , pp. 73-88; and Kelley, “Deux Aspects du Salon de 1846 de Baudelaire : La Dédicace aux bourgeois et la couleur,” Forum for Modern Language Studies 5 : 331-46, and introduction to Baudelaire: “Salon de 1846,” pp. 1-114. Michael Fried, professor of humanities and the history of art and director of the Humanities Center at the Johns Hopkins University, is the author of Morris Louis and Absorption and Theatricality: Painting and Beholder in the Age of Diderot. He is currently at work on a book on Gustave Courbet. His most recent contribution to Critical Inquiry, “The Structure of Beholding in Courbet’s Burial at Ornans,” appeared in the June 1983 issue. (shrink)
In the pages that follow I looked closely at two major paintings by Gustave Courbet : the After Dinner at Ornans, perhaps begun in the small town of the title but certainly completed in Paris during the winter of 1848-49; and the Stonebreakers, painted wholly in Ornans just under a year later. The After Dinner and the Stonebreakers are the first in a series of large multifigure compositions--others are the Burial at Ornans and the Peasants of Flagey Returning from the (...) Fair —that mark not only Courbet's maturity as an artist but his emergence as a disruptive force, almost a one-man wrecking crew, in the cultural politics of his time. They are also those works in which his self-declared identity as a Realist first becomes manifest, and probably the chief concern of the most interesting recent scholarship on Courbet has been to try to decode that epithet in social-historical terms, or at any rate to situate his activity as a painter during the years 1848-55 in the context of the social and political struggles that accompanied the creation of the Second Republic and its subversion by Louis Bonaparte.2 At the core of that tradition, motivating and, as it were, mobilizing it, is the demand that the painter succeed in placing in abeyance the primordial convention that paintings are made to be beheld—that he contrive in one way or another to establish the fiction, the meta-illusion, that the beholder does not exist, that there is no one standing before the picture. From Greuze through Gèricault, this was chiefly to be accomplished in and through the medium of visual drama, that is, by representing figures so deeply absorbed in their actions, emotions, and states of mind and furthermore so efficaciously bound together in a single comprehensive dramatic situation that they would strike one as absolutely immured in the world of the painting and a fortiori as oblivious to the very possibility of being viewed. And one way of describing the crisis that I believe overtook French painting by the 1820s and '30s is to say that the dramatic as such came more and more to be revealed as inescapably theatrical—that the array of conventions that once had served to establish the meta-illusion of the beholder's nonexistence now seemed merely to attest to his controlling presence.1. The present essay is adapted from a book-length study, in progress, of Courbet's art. Recent books and articles emphasizing social and political considerations include Linda Nochlin, Gustave Courbet: A Study of Style and Society ; T.J. Clark, "A Bourgeois Dance of Death: Max Buchon on Courbet," Burlington Magazine 111 : 208-12, 282-89, and Image of the People: Gustave Courbet and the Second French Republic, 1848-51 ; Jack LIndsay, Gustave Courbet: His Life and Art ; Klaus Herding, ed., Realismus als Widerspruch: Die Wirklichkeit in Courbets Malerei ; Herding, "Les Lutteurs 'détestables': Critique de style, critique sociale," Histoire et critique de l'art 4-5 : 94-122; and James Henry Rubin, Realism and Social Vision in Courbet and Proudhon .2. For an account of the early evolution of that tradition, see my Absorption and Theatricality: Painting and Beholder in the Age of Diderot , as well as the essays on Courbet cited in n. 3.Michael Fried, professor of humanities and the history of art at the Johns Hopkins University, is the author of Morris Louis and Absorption and Theatricality: Painting and Beholder in the Age of Diderot. He is currently at work on a book on Courbet. (shrink)
My basic supposition is that the destruction of the little Jew's face and hands in Vandover and the Brute images the irruption of mere materiality within the scene of writing-that instead of Crane's double process of eliciting and repressing that materiality, what is figured in the shipwreck scene is a single, unstoppable process of materialization, involving both the act of representation and the marking tool and actual page , the result of which can only be the defeat of the very (...) possibility of writing .Here it might be objected that such a reading derives whatever plausibility it has from the comparison with Crane, and in a sense this is true: my claim is precisely that it's only against the background of Crane's seemingly bizarre but, in this regard, normative or centric enterprise that the wider problematic of late nineteenth- and early twentieth-century literary "impressionism" can be made out. In another sense, however, the comparison with Crane involves an appeal to issues—notably that of materialism—which have long been basic to Norris criticism and which the recent work of Walter Benn Michaels has brought to a new level of conceptual sophistication and historical refinement. Specifically, the title essay in Michaels's book, The Gold Standard and the Logic of Naturalism, interprets both McTeague and Vandover and the Brute in terms of a conflict between materiality and representation that found contemporary expression both in the debates over the gold and silver standards versus paper money and in the vogue for trompe l'oeil painting ." In this regard a crucial moment in Vandover's regression from man to beast is his discovery that, as a painter, he has lost the ability to represent nature three-dimensionally; Michaels treats this development as equivalent to "replac[ing] the painting with nature itself" , and goes on to remark: "But this ... is ultimately a distinction without a difference. Vandover the artist can so easily devolve into Vandover the brute precisely because both artist and brute are already committed to a naturalist ontology—in money, to precious metals; in art, to three-dimensionality. The moral of Vandover's regression, from this standpoint, is that it can only take place because . . . it has already taken place. Discovering that man is a brute, Norris repeats the discovery that paper money is just paper and that a painting of paper money is just paint" . My reading of the shipwreck passage would thus be consistent with what Michaels calls Norris's "trompe l'oeil materialism" , though the nearly sadomasochistic violence of that passage may be taken to imply that materialism's consequences for writing threaten to be even more disastrous than they are for painting. But rather than analyze the role of writing as such in Vandover, which would involve an intricate discussion not just of that novel and McTeague but also of Michaels's essay, I want to turn to another, lesser-known book by Norris, in which a thematic of writing plays a conspicuous and more nearly univocal role: A Man's Woman . Michael Fried is J. R. Herbert Boone Professor of Humanities and director of the Humanities Center at the Johns Hopkins University. His most recent book is Courbet's Realism . He is currently at work on a book to be titled Manet's Modernism. (shrink)
The basic disagreement between Richard Shiff and me is one of approach and ultimately of intellectual taste. What I tried to do in “Painting memories” was read Charles Baudelaire’s Salon of 1846 with a view to construing its central argument as rigorously as possible, which for me meant without appealing, except in one crucial, authorized instance, to other writings by Baudelaire or indeed anyone else. This seemed to me desirable, first, because on the strength of a long familiarity with the (...) Salon of 1846 I had become convinced that it was not the fragmented, somewhat incoherent, less than fully mature performance that many previous commentators had taken it to be but rather that it possessed a problematic consistency, even systematicness, which I wanted to explore; and second, because I had come to feel that one of the principal sources of the dreariness and predictability of much exegesis not only of that Salon but of Baudelaire’s art criticism generally was the tendency of many commentators to treat his art writing as a single, barely differentiated mass, to be supplemented when desired by selected passages from the lyric poems. Let me be as clear as I can. I am not claiming that the only fruitful approach to Baudelaire’s art criticism is to consider each of his writings in isolation from the rest. I am saying that the widespread tendency to read a particular Salon or article on the visual arts in the light of others has meant that insufficient attention has been paid to the workings of individual texts, with dismaying consequences both for our understanding of those texts and for our sense of the shape of Baudelaire’s intellectual career. Michael Fried, professor of humanities and the history of art and director of the Humanities Center at the Johns Hopkins University, is the author of Morris Louis and Absorption and Theatricality: Painting and Beholder in the Age of Diderot. He is currently at work on books on Gustave Courbet and on Thomas Eakins and Stephen Crane. His most recent contributions to Critical Inquiry are “The Structure of Beholding in Courbet’s Burial at Ornans” and “Paitnig Memories: On the Containment of the Past in Baudelaire and Manet”. (shrink)
So there will be no mistake, I don’t deny, why would I wish to, that a thematic of racial difference is crucial to the overall plot of Almayer’s Folly. What I claim is that that thematic falls short of significantly determining or even, to use Brown’s word, appreciably “complicating” the problematic of erasure that surfaces in the closing chapters. It’s as though the rest of the novel is there chiefly to stage those chapters and their dramatization of erasure; something similar (...) takes place in Powell’s narrative of spying into Captain Anthony’s cabin toward the end of Chance and even, to a lesser degree, in the climactic encounter between Winnie Verloc and her husband in chapter 11 of The Secret Agent. It’s worth noting, too, that the opening paragraphs of A Personal Record, Conrad’s autobiographical account of the beginnings and origins of his “writing life,” describe the circumstances under which “the tenth chapter of ‘Almayer’s Folly’ was begun.”8 This in itself suggests that Conrad has a special stake in the last three chapters of his first novel, and one of my aims in “Almayer’s Face” was to discover what that stake may have been.9 8. Joseph Conrad, A Personal Record , pp. 72: my emphasis.9. Again, so there will be no mistake, I would distinguish Almayer’s Folly sharply in this respect from, for example, The Nigger of the “Narcissus,” in which effects of erasure are disseminated throughout the text and in which the title character’s blackness is crucial to their production. Michael Fried, J. R. Herbert Boone Professor of Humanities at the Johns Hopkins University, is currently at work on books on Manet and on literary “impressionism.” His most recent book is Courbet’s Realism. (shrink)
Barbara H. Fried presents a powerful critique of the nonconsequentialist approaches that have been dominant in recent Anglophone moral and political thought. She argues that nonconsequentialist theories have disastrous consequences in the political domain and are inadequate at dealing with conflicts of individual interests in the moral domain.
A mental heuristic is a shortcut (means) to a desired end. In the moral (as opposed to factual) realm, the means/end distinction is not self-evident: How do we decide whether a given moral intuition is a mere heuristic to achieve some freestanding moral principle, or instead a freestanding moral principle in its own right? I discuss Sunstein's solution to that threshold difficulty in translating “heuristics” to the moral realm.
The article considers a surprisingly resilient argument, going back to Adam Smith, for the fairness of proportionate taxation: that proportionate taxation represents the fair way to divide the surplus value produced by social cooperation among all of society's members. The article considers two recent variants on that argument, one by Richard Epstein in Takings and one by David Gauthier in Morals by Agreement. It concludes that the normative and empirical assumptions that underlie these, and all other variants, of the argument (...) are so implausible as to suggest the argument cannot be taken seriously as a defense of proportionate taxation. The article concludes by considering other possible explanations for the enduring attraction of proportionate taxation for political philosophers, particularly those with libertarian and quasi-libertarian leanings. Footnotes I am grateful to participants in faculty workshops at Vanderbilt, NYU, Virginia and Stanford Law Schools and the Qunnipiac College School of Law Conference on Law and Philosophy, as well as the anonymous outside readers for this journal, for their very helpful comments on earlier drafts. (shrink)
At 30 years' distance, it is safe to say that Nozick's Anarchy, State and Utopia has achieved the status of a classic. It is not only the central text for all contemporary academic discussions of libertarianism; with Rawls's A Theory of Justice, it arguably frames the landscape of academic political philosophy in second half of 20th century. Many factors, obviously account for the prominence of the book. This paper considers one: the book's use of rhetoric to charm and disarm its (...) readers, simultaneously establishing Nozick's credibility with readers, turning them on his ideological opponents, and helping his argument over some of its more serious substantive difficulties. Footnotesa I am grateful to Joe Bankman, Tom Grey, Pam Karlan, Ellen Frankel Paul, Seana Shiffrin, and Bob Weisberg for their very helpful comments on previous drafts of this essay. I am also grateful to my fellow contributors to this volume and to the participants in the Berkeley GALA and the UCLA Law and Philosophy Workshop, at which earlier versions of this essay were presented. All errors and indiscretions are mine alone. (shrink)
This essay applies elements of Heidegger thought to ethics as a practical discipline. The radical finitude of human existence is not only an ontological matter; it is also located in the moral life, in the ways we come to "be" ethically. Moral values are shown to be responses to finite limit-conditions and to be finite themselves in their appropriation and performance. The notion of being-in-the-world is used to show that the moral sphere cannot be understood as an "objective" or a (...) "subjective" condition, but rather as a mode of "dwelling." Other themes: human nature, being-with, compassion, courage, and decision. (shrink)
Jeremy Bentham was an ardent secularist convinced that society could be sustained without the support of religious institutions or beliefs. This is writ large in the commonly neglected books on religion he wrote and published during the last twenty-five years of his life. However his earliest writings on the subject date from the 1770s, when as a young man he first embarked on his calling as a legal theorist and social reformer. From that time on, religion was never far (...) from the centre of his thoughts. In Secular Utilitarianism, James Crimmins illustrates the nature, extent, and depth of Jeremy Bentham's concern with religion, from his Oxford days of first doubts to the middle years of quiet unbelief, and finally, the zealous atheism and secularism of his later life. Dr Crimmins provides an interpretation of Bentham's thought in which his religious views, hitherto of little interest to Bentham scholars, are shown to be integral: on the one hand intimately associated with the metaphysical, epistemological, and psychological principles which gave shape to his system as a whole, and on the other central to the development of his entirely secular view of society. (shrink)
L’Autrice si propone di tracciare la genealogia della posizione neoliberale, partendo soprattutto dai testi di Gary Becker. Il pensiero economico neoliberale è posto in relazione con la rivoluzione scientifica e l’operazione di matematizzazione della natura che da essa scaturisce. Questo percorso porterà poi a Jeremy Bentham, il cui sistema è spesso visto come antesignano degli studiosi neoliberali. Secondo la tesi sostenuta dall’Autrice, il neoliberalismo presenta il proprio sguardo come una neutra e scientifica descrizione del reale, sennonché in tale mossa (...) si annida pur sempre una tendenza normativa. È così che gli economisti neoliberali elaborano un sistema che è altresì prescrittivo, proponendo un modello che si pone sul piano politico; modello il quale viene qui designato con il nome di «utopia economica». (shrink)
This paper discusses how Wittgenstein’s thinking informs recent conversations about art and aesthetic practice by examining his influence on the work of the noted modernist art critic, Michael Fried. Fried considers an excerpt from Wittgenstein’s Culture and Value, with a puzzling thought experiment, to help us see more clearly the Canadian artist Jeff Wall’s photographic vision and aesthetic. I consider Fried’s account of the photographic practice of Jeff Wall, especially his photograph Morning Cleaning, Mies van der Rohe (...) Foundation (1999). (shrink)
En el marco ambiental del XIX se produce la penetración de Jeremy Bentham en el horizonte intelectual salmantino. Bentham el filósofo-legislador se avenía perfectamente con el espíritu de renovación jurídico y política que se respiraba en los círculos más inquietos de la Universidad de Salamanca a comienzos del siglo XIX. El método utilitarista de Bentham propiciaba una vía nueva para fundamentar una ética jurídica y política a posteriori; en vista de los resultados dolorosos y placenteros del acto humano y (...) de sus repercusiones prósperas o nocivas en el plano social. De ahí, que la minoría intelectual que en la Universidad de Salamanca aspiraba a una profunda revisión de los esquemas didácticos vigentes eligiera la doctrina de Bentham como la más adecuada y eficaz para el logro de sus propósitos. (shrink)
v. 1. 1752-76.--v. 2. 1777-80.--v. 3. January 1781 to October 1788.--v. 4. 1788-1793.--v. 5. 1794-1797.--v. 6. January 1798 to December 1801.--v. 7. January 1802 to December 1808.--v. 8. January 1809 to December 1816.--v. 9. January 1817 to June 1820.-- v. 10. July 1820 to December 1821.--v. 11. January 1822 to June 1824.--v. 12. July 1824-June 1828.
Mill, J. S. Bentham.--Whewell, W. Bentham.--Watson, J. Bentham.--Hart, H. L. A. Bentham.--Parekh, B. Bentham's justification of the principle of utility.--Peardon, T. Bentham's ideal republic.--Hart, H. L. A. Bentham on sovereignty.--Burns, J. H. Bentham's critique of political fallacies.--Mitchell, W. C. Bentham's felicific calculus.--Roberts, D. Jeremy Bentham and the Victorian administrative state.
The new critical edition of the works and correspondence of Jeremy Bentham is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and (...) three of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published.An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality.A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill. (shrink)
The writings collected in this volume make an important addition to The Collected Works of Jeremy Bentham. They lend credence to Bentham's claim that his ideas were appropriate `for the use of all nations and all governments professing liberal opinions'. The essays, dating mainly from late 1822 and early 1823, are based exclusively on manuscripts, many of which have not been previously published. -/- Turning his attention towards the Mediterranean basin, Bentham here attempts to legislate for one Islamic state, (...) and offers advice to another in the process of throwing off Islamic rule. The Writings for Tripoli include the famous `Securities against Misrule', in which Bentham draws up a constitutional charter with an accompanying explanation of its provisions. He also discusses the social, political, and religious institutions of the country, and proposes a scheme for the introduction of constitutional reform both there and in the other Barbary states. The Writings for Greece include a rare commentary on the first Greek constitution of 1822, and advice and warnings to the Greek legislators against the temptation of `sinister appetites'. The main theme in both groups of writings is the efficacy of representative institutions and the publicity of official actions in preventing the abuse of government power. (shrink)
This is the tenth volume of the Correspondence produced in the new edition of The Collected Works of Jeremy Bentham. The great majority of the letters have never before been published. They illustrate the composition, editing, publication, and reception of several of his works. The volume reveals Bentham's attempts to influence developments in France, the USA, Greece, Spain, Portugal, and South America. Despite Bentham's importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous (...) edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. This new critical edition of his works and correspondence is being prepared by the Bentham Committee of University College London. (shrink)