Hans Baron, Karl Popper, Leo Strauss and Erich Auerbach were among the many German-speaking Jewish intellectuals who fled Continental Europe with the rise of Nazism in the 1930s. Their scholarship, though not normally considered together, is studied here to demonstrate how, despite their different disciplines and distinctive modes of working, they responded polemically in the guise of traditional scholarship to their shared trauma. For each, the political calamity of European fascism was a profound intellectual crisis, requiring an intellectual response which (...) Weinstein and Zakai now contextualize, ideologically and politically. They exemplify just how extensively, and sometimes how subtly, 1930s and 1940s scholarship was used not only to explain, but to fight the political evils that had infected modernity, victimizing so many. An original perspective on a popular area of research, this book draws upon a mass of secondary literature to provide an innovative and valuable contribution to twentieth-century intellectual history. (shrink)

"-- M. J. Silverthorne,The Humanities Association Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus of ...

Midway through How to Do Things With Words, J.L. Austin’s announces a “fresh start” in his efforts to characterize the ways in which speech is action, and introduces a new conceptual framework from the one he has been using up to that point. Against a common reading that portrays this move as simply abandoning the framework so far developed, Marina Sbisà contends that the text takes the argumentative form of a proof by contradiction, such that the initial framework plays an (...) instrumental role as part of a proof in favour of the subsequent one. Despite agreeing with Sbisà’s broad instrumentalist approach, we argue that her regimentation of Austin’s narrative into a proof by contradiction ultimately fails - both as a proof and as an interpretation of Austin. Instead, we suggest that a better way of interpreting the peculiar structure of How to Do Things With Words is as a pedagogical exercise whose point is to bring a concealed alternative into view in a manner that also explains its initial concealment, and that this approach provides richer resources for supporting Sbisà’s own conventionalist understanding of illocution than that afforded by reading the text as a proof by contradiction. (shrink)

This article criticizes the recent “aretaic-turn” in legal theory. Within Criminal law theory, the main concern of aretaic theorists is culpability, and their main source of inspiration is Aristotle’s virtue ethics. Too focused on Aristotle’s virtue ethics, however, aretaic theorists fail to consider Aristotle’s views on culpability proper. Aristotle himself did not turn to virtue ethics when he discussed culpability; and thus I suggest that Aristotle himself would have rejected the contemporary aretaic turn. Still, I believe that Aristotle’s work on (...) culpability is important insofar as it laid the foundations of subsequent theories of culpability in most of the non-English-speaking West. Through Aristotle, then, I seek to show the relevance of rich and venerable legal and philosophical traditions for the advancement of our understating of some thorny problems of contemporary criminal law. (shrink)

The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from other types (...) of property in a way which implies a special role for political and economic philosophy of property rights in land. This is the Chinese translation of "The Metaphysics of Real Estate", Topoi, 20: 2 (September 2001), 161–172. (shrink)

Living well was the best revenge for Leo Stein, the art critic who took to heart Samuel Johnson’s dictum, “Clear your mind of cant.” Leo shared with his sister, Gertrude Stein, the Paris apartment that became a meeting place for the famous. Reflected in Appreciation: Painting, Poetry and Prose are their early years as American expatriates as well as their later estrangement. This book, originally published in 1947, the year Leo died, includes his reminiscences and estimates of Picasso, Matisse, Cézanne, (...) and Renoir, among others, as well as his considered views on the place of art and literature in everyday life. (shrink)

One of the outstanding thinkers of our time offers in this book his final words to posterity. Studies in Platonic Political Philosophy was well underway at the time of Leo Strauss's death in 1973.

The appeal of the moral principle according to which we should treat like cases alike is so great that it verges on the axiomatic, or on the platitudinous. Recently, however, the principle has been challenged in deeply interesting ways. These ways are interesting because they do not invite skepticism about morality at large, but about the specific claim that what is good (or bad) for an agent in a given situation must be good (or bad) for any other similarly situated (...) agent. I here assess the post-challenge viability of the principle. In a sense, the principle survives, but this is neither an unqualified victory nor an inspiring result. The examination of these matters contains an important (and under-investigated) lesson about the nature of moral experience. (shrink)

In this article it is argued that a complex model that includes Toulmin's functional account of argument, the pragma-dialectical stage analysis of argumentation offered by the Amsterdam School, and criteria developed in critical thinking theory, can be used to account for the normativity and field-dependence of argumentation in science. A pragma-dialectical interpretation of the four main elements of Toulmin's model, and a revised account of the double role of warrants, illuminates the domain specificity of scientific argumentation and the restrictions to (...) which the confrontation and opening stages of scientific critical discussions are subjected. In regard to the argumentation stage, examples are given to show that a general account of argumentation, as advocated by informal logicians, is not applicable to arguments in science. Furthermore, although patterns of inference differ in various scientific practices, deductive validity is argued to be a crucial notion in the assessment of scientific arguments. Finally, some remarks are made concerning the burden of proof and the concluding stage of scientific argumentation. (shrink)

Aside from constructing a compelling case for how rereading evolution from a neomaterialist and radical empiricist perspective undermines an enduring binary of sexual difference, Luciana Parisi underscores a tension in the work of Elizabeth Grosz, known both for her novel, feminist, neomaterialist study of Darwinian evolution and her staunch support of sexual difference. Parisi contends, and I suspect Grosz herself is keenly aware, that there is a paradox in holding these views simultaneously. Thus, this paper will not only expand upon (...) Parisi's argument for preaccelerated, unbounded, creative, inhuman, neomaterialist, and radical empirical accounts of matter and sex but also propose a reading of Grosz's work that could potentially wrest her from the perceived paradox. I call this the “theory sex” reading, which can be characterized as a metatheoretical difference materially embodied in the unbridgeable gap between Grosz's two theoretical stances. Theory sex is not an ontology but a concept in line with a Deleuzo–Guattarian understanding of the philosopher's mode of living with chaos. Theory sex produces vibrations and dissonance, which reproduce or chart lines of flight toward theories like Parisi's. These vibrations compose the requiem both honoring and retaining the virtual legacy of sexual difference into the future. (shrink)

Those of us who appreciate the force of both retributive and consequentialist rationales for the justification of punishment should be sympathetic to efforts to combine them, so as to develop a more compelling justificatory scheme. In this chapter, however, Zaibert argues that extant mixed justifications have failed in coherently combining these rationales. He attempts to explain this failure by identifying two widespread and interrelated mistakes made by punishment theorists. First, they have systematically underestimated the difficulty of their task. Second, they (...) have not availed themselves of certain tools that recent developments in other areas of moral philosophy provide, which Zaibert considers necessary for real progress in our efforts to justify punishment. (shrink)