Eli Friedlander reads Rousseau's autobiography, Reveries of the Solitary Walker, as philosophy. Reading this work against Descartes's Meditations, Friedlander shows how Rousseau's memorable transformation of experience through writing opens up the possibility of affirming even the most dejected state of being and allows the emergence of the innocence of nature out of the ruins of all social attachments. In tracing the re-creation of a human subject in reverie, Friedlander is alive to the very form of the experience of reading the Reveries by showing the ways this work needs to--and in effect does--generate a reader, without betraying Rousseau's utter solitude.
Friedlander's book provides an afterlife for the Reveries in modern philosophy. It constitutes an alternative to the analytic tradition's revival of Rousseau, primarily through Rawls's influential vision of the social contract. It also counters the fate of Rousseau's writings in the continental tradition, determined by and large by Derrida's deconstruction.
Friedlander's reading of the Reveries, a work that has fascinated generations of readers, is an incomparable introduction to one of the greatest thinkers in Western culture.
The contributors to this collection do not simply elucidate Rancière’s project; they also critically respond to it from their own perspectives. They consider the theorist’s engagement with the writing of history, with institutional and narrative constructions of time, and with the ways that individuals and communities can disturb or reconfigure what he has called the “distribution of the sensible.” They examine his unique conception of politics as the disruption of the established distribution of bodies and roles in the social order, and they elucidate his novel account of the relationship between aesthetics and politics by exploring his astute analyses of literature and the visual arts. In the collection’s final essay, Rancière addresses some of the questions raised by the other contributors and returns to his early work to provide a retrospective account of the fundamental stakes of his project.
Contributors. Alain Badiou, Étienne Balibar, Bruno Bosteels, Yves Citton, Tom Conley, Solange Guénoun, Peter Hallward, Todd May, Eric Méchoulan, Giuseppina Mecchia, Jean-Luc Nancy, Andrew Parker, Jacques Rancière, Gabriel Rockhill, Kristin Ross, James Swenson, Rajeshwari Vallury, Philip Watts
Jameson on Jameson displays Jameson’s extraordinary grasp of contemporary culture—architecture, art, cinema, literature, philosophy, politics, psychoanalysis, and urban geography—as well as the challenge that the geographic reach of his thinking poses to the Eurocentricity of the West. Conducted by accomplished scholars from United States, Egypt, Korea, China, Sweden, and England, the interviews elicit Jameson’s reflections on the broad international significance of his ideas and their applicability and implications in different cultural and political contexts, including the present phase of globalization.
The volume includes an introduction by Jameson and a comprehensive bibliography of his publications in all languages.
Interviewers
Mona Abousenna
Abbas Al-Tonsi
Srinivas Aravamudan
Jonathan Culler
Sara Danius
Leonard Green
Sabry Hafez
Stuart Hall
Stefan Jonsson
Ranjana Khanna
Richard Klein
Horacio Machin
Paik Nak-chung
Michael Speaks
Anders Stephanson
Xudong Zhang
Using a rich array of newly available sources and contemporary methodologies from many disciplines, the ten original essays in this volume give a fresh appraisal of Addams as a theorist and practitioner of democracy. In an increasingly interdependent world, Addams's life work offers resources for activists, scholars, policy makers, and theorists alike. This volume demonstrates how scholars continue to interpret Addams as a model for transcending disciplinary boundaries, generating theory out of concrete experience, and keeping theory and practice in close and fruitful dialogue.
Contributors are Harriet Hyman Alonso, Victoria Bissell Brown, Wendy Chmielewski, Marilyn Fischer, Shannon Jackson, Louise W. Knight, Carol Nackenoff, Karen Pastorello, Wendy Sarvasay, Charlene Haddock Seigfried, and Camilla Stivers.
Balancing theoretical and practical considerations, the collection examines Addams's emphasis on listening to and learning from those around her and encourages contemporary educators to connect with students through innovative projects and teaching methods. In the first essays, Addams scholars lay out how her narratives drew on experience, history, and story to explicate theories she intended as guides to practice. Six teacher-scholars then establish Addams's ongoing relevance by connecting her principles to exciting events in their own classrooms. An examination of the Jane Addams Children's Book Award and a fictional essay on Addams's work and ideas round out the volume.
Accessible and wide-ranging, Jane Addams in the Classroom offers inspiration for educators while adding to the ongoing reconsideration of Addams's contributions to American thought.
Contributors include Todd DeStigter, Lanette Grate, Susan Griffith, Lisa Junkin, Jennifer Krikava, Lisa Lee, Petra Munro, Bridget O'Rourke, David Schaafsma, Beth Steffen, Darren Tuggle, Erin Vail, and Ruth Vinz.
Frederick Watkins’ 1953 edition of Rousseau’s Political Writings has long been noted for being fully accurate while representing much of Rousseau’s eloquence and elegance. It contains what is widely regarded as the finest English translation of The Social Contract, Rousseau’s greatest political treatise. In addition, this edition offers the best available translation of the late and important Government of Poland and the only published English translation of the fragment Constitutional Project for Corsica, which, says Watkins, provides the clearest possible demonstration of the practical implications of Rousseau’s political thought.
How Jesuit education can help students create meaningful connections in an age of secularism
In A Secular Age, the philosopher Charles Taylor challenges us to appreciate the significance of genuine spiritual experience in human life, an occurrence he refers to as “fullness.” Western societies, however, are increasingly becoming more secular, and personal occasions of fullness are becoming less possible.
In Jesuit Higher Education in a Secular Age, Daniel S. Hendrickson, SJ, shows how Jesuit education can respond to the crisis of modernity by offering three pedagogies of fullness: study, solidarity, and grace. A pedagogy of study encourages students to explore their full range of thoughts and emotions to help amplify their self-awareness, while a pedagogy of solidarity helps them relate to the lives of others, including disparate cultural and socioeconomic realities. Together, these two pedagogies cultivate an openness in students that can help them achieve a pedagogy of grace, which validates their awareness of and receptivity to the extraordinary spiritual Other that impacts our lives.
Hendrickson demonstrates how this Jesuit imaginary—inspired by the Renaissance humanistic origins of Jesuit pedagogy—educates students toward a better self-awareness, a stronger sense of global solidarity, and a greater aptitude for inspiration, awe, and gratitude.
Jesus Shock is the second in a series of short works on seminal concerns of the impact that Jesus Christ made in the world. The first work, The Philosophy of Jesus (St. Augustine’s Press, 2007), explored philosophy in light of Jesus, rather than the other way around. The present work investigates the reception Jesus received both in His lifetime and continuously to the present time, not only from His enemies, but from His friends, a reception of shock, astonishment, even disgust.
Perhaps a few remarks from the book best explains it:
The point of the book:
The point of the title: Imagine a storm has downed a telephone wire so that everyone who touches it is shocked in every cell of his body. Well, the storm of God’s crazy love has “downed” (incarnated) Jesus, and everyone who touches this “live wire” is shocked in every cell of his soul.
The question of the book: Why is “Jesus” the most non-neutral, the most controversial, the most embarrassing name in the world? Why is talking about Jesus like talking about sex?
This whole book is really about a single movie line, the greatest line in the greatest movie in history. Bet you know what it is.
Jesus-Shock is about the Real Presence of Christ in the Gospels and in the Eucharist. It
is not about the theology of the Real Presence, but about the experience of Him there, and about the experience of everyone in the Gospels who met Him.
What was the bitterest controversy of the Protestant Reformation, both between Protestants and Catholics and between different Protestant denominations, the one that had both sides calling the other not just heretics but devils?
Answer: It was not Justification by Faith, the hallmark of the Reformation, even though that question is about nothing less momentous than how to be saved, how to get to Heaven. It was not the relation between religion and politics, even though that was a matter of life or death (literally, on battlefields and at guillotines and hangings) and not just a matter of truth or falsity, or of good or evil. It was not about the sufficiency of the Bible, or the corruption in the Church, or the relation between the Bible and the Church. It was not about the Pope, and the governance of the Church. It was not about Mary or saints or angels or Purgatory. It was not about the Incarnation or the Trinity or the Atonement.
It was about the Real Presence of Christ in the Eucharist.
Jesus-Shock, in addressing this controversy forcefully and faithfully, shows the reasons why to this day the name of “Jesus” stirs up controversy, even revulsion, in polite society. In the true spirit of ecumenism, it also points the way toward a true rapprochement among His modern-day disciples.
“These essays build a valuable, if virtual, bridge between the thought of John Dewey and that of a host of modern European philosophers. They invite us to entertain a set of imagined conversations among the mighty dead that no doubt would have intrigued Dewey and each of the interlocutors gathered here.”—Robert Westbrook, author of John Dewey and American Democracy and/or Democratic Hope: Pragmatism and the Politics of Truth.
John Dewey and Continental Philosophy provides a rich sampling of exchanges that could have taken place long ago between the traditions of American pragmatism and continental philosophy had the lines of communication been more open between Dewey and his European contemporaries. Since they were not, Paul Fairfield and thirteen of his colleagues seek to remedy the situation by bringing the philosophy of Dewey into conversation with several currents in continental philosophical thought, from post-Kantian idealism and the work of Friedrich Nietzsche to twentieth-century phenomenology, hermeneutics, and poststructuralism.
John Dewey and Continental Philosophy demonstrates some of the many connections and opportunities for cross-traditional thinking that have long existed between Dewey and continental thought, but have been under-explored. The intersection presented here between Dewey’s pragmatism and the European traditions makes a significant contribution to continental and American philosophy and will spur new and important developments in the American philosophical debate.
John Dewey’s Educational Philosophy in International Perspective brings together eleven experts from around the globe to examine the international legacy of the famous philosopher. Placing special emphasis on Dewey’s theories of education, Larry A. Hickman and Giuseppe Spadafora have gathered some of the world’s most noted scholars of educational philosophy to present a thorough exploration of Dewey’s enduring relevance and potential as a tool for change in twenty-first-century political and social institutions.
This collection offers close examinations of the global impact of Dewey’s philosophies, both in his time and our own. Included are discussions of his reception as a much-respected yet criticized philosopher among European Catholics both before and after World War I; the utilization of his pragmatic theories in Italian education and the continuing quest to reinterpret them; his emergence as a source of inspiration to new democracies in Central and Eastern Europe; and his recently renewed popularity in the Hispanic world, particularly in South America and Spain. In addition, authors delve into Dewey’s notion of democracy as a personal way of life and his views on the important ties between education and the democratic state.
Also discussed are Dewey’s philosophies regarding school and society, including the understanding of educational trends as reflections of their social context; the contrast between his methods of applying intelligence to ethical problems and the theory of orthodox utilitarianism; responses to criticisms of Dewey’s controversial belief that the sciences can be applied directly to educational practices; and incisive queries into how he would have responded to the crucial role the Internet now plays in primary and secondary education.
This well-rounded volume provides international insight into Dewey’s philosophies and contains a wealth of information never before published in English, resulting in an indispensable resource for anyone interested in John Dewey and his lasting role in education around the world.
Contributors
Viviana Burza
Franco Cambi
Giorgio Chiosso
Jim Garrison
Jaime Nubiola
Hilary Putnam
Ruth Anna Putnam
Giuseppe Spadafora
Emil Višnovský
Leonard J. Waks
Krystyna Wilkoszewska
Offering a new edition of Dewey’s 1916 collection of essays
This critical edition of John Dewey’s 1916 collection of writings on logic, Essays in Experimental Logic—in which Dewey presents his concept of logic as the theory of inquiry and his unique and innovative development of the relationship of inquiry to experience—is the first scholarly reprint of the work in one volume since 1954. Essays in Experimental Logic, edited by D. Micah Hester and Robert B. Talisse, uses the authoritative texts from the Collected Works of John Dewey, 1882–1953 (published by Southern Illinois University Press) and includes as well articles from leading journals representing various contemporary schools of philosophy that criticized Dewey’s experimentalism.
Culling materials from six volumes of the chronologically arranged Collected Works, this single-volume edition of Essays marks a crucial point in Dewey’s intellectual development: one in which Dewey critically engages idealistic and intuitionist theorists and lays the groundwork for his mature theory of inquiry. The text includes a new introduction by renowned Dewey scholar Tom Burke that places Essays in philosophical and historical context. In addition to the original essays, Essays in Experimental Logic also features five critical essays by Dewey’s contemporaries, including Bertrand Russell, Wendell T. Bush, R. F. Alfred Hoernlé, H. T. Costello, and C. S. Peirce.
John Dewey's classical pragmatism, Daniel M. Savage asserts, can be used to provide a self-development-based justification of liberal democracy that shows the current debate between liberal individualism and republican communitarianism to be based largely on a set of pseudoproblems.
From Dewey's classical pragmatism, Savage derives a conception of individual autonomy that, while meeting all of the criteria for a conception of autonomy, does not, as the dominant Kantian variant does, require transcendence from any particular language community. The Deweyan conception of autonomy that Savage derived from classical pragmatism, in fact, requires that the individual be situated within a context of cultural beliefs. Savage argues that this particular conception of autonomy is necessary if one wants to conceive of life, as communitarians do, as a quest for the good life within a social context.
Thus, Savage constructs a conception of autonomy that consists of a set of intellectual virtues, each of which can be understood, like Aristotle's moral virtues, as a mean between two extremes (or vices). The virtue of critical reflection is the mean between the vices of dogmatism on the one hand and philosophical skepticism on the other. The virtue of creative individuality is the mean between the opposing vices of conformity and eccentricity. Finally, the virtue of sociability is the mean between the extremes of docility and rebelliousness.
The three virtues together provide a natural method of adapting to change. The method is natural because it is in accord with a continuous cycle of activity—tension/movement/harmony—that is generic to all living things, Dewey's method of adapting to change requires, in both the individual and in the community, the synthesis of integrating and differentiating forces.
For centuries readers have struggled to fuse the seemingly scattered pieces of Donne’s works into a complete image of the poet and priest. In John Donne, Body and Soul, Ramie Targoff offers a way to read Donne as a writer who returned again and again to a single great subject, one that connected to his deepest intellectual and emotional concerns.
Reappraising Donne’s oeuvre in pursuit of the struggles and commitments that connect his most disparate works, Targoff convincingly shows that Donne believed throughout his life in the mutual necessity of body and soul. In chapters that range from his earliest letters to his final sermon, Targoff reveals that Donne’s obsessive imagining of both the natural union and the inevitable division between body and soul is the most continuous and abiding subject of his writing.
“Ramie Targoff achieves the rare feat of taking early modern theology seriously, and of explaining why it matters. Her book transforms how we think about Donne.”—Helen Cooper, University of Cambridge
Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers
At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of Northwestern University School of Law, single-handedly modernized the jury trial with his 1904–1905 Treatise on evidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
This volume offers an English translation of John of St. Thomas’s Cursus theologicus I, question I, disputation 2. In this particular text, the Dominican master raises questions concerning the scientific status and nature of theology. At issue, here, are a number of factors: namely, Christianity’s continual coming to terms with the “Third Entry” of Aristotelian thought into Western Christian intellectual culture – specifically the Aristotelian notion of ‘science’ and sacra doctrina’s satisfaction of those requirements – the Thomistic-commentary tradition, and the larger backdrop of the Iberian Peninsula’s flourishing “Second Scholasticism.”
In this latter context, John of St. Thomas applies the theological principles of Thomas Aquinas to the Scholastic disputes preoccupying Thomist, Franciscan, and Jesuit theologians, such as Cajetan, Bañez, Luis de Molina, Vazquez, Suárez – to name only a few – in a tour de force of theological thinking throughout the entire period of Scholasticism. In the process – and not insignificantly – the status quaestionis of theology’s scientific character is clearly framed and answered according to John’s satisfaction.
Key to John of St. Thomas’s resolution of the question is his understanding of the continuity of the power of human reason with the super-intelligibility of divine revelation spelled out in terms of what he calls “virtual revelation.” This text presented in this volume is a quintessential example of the deep and abiding harmony that flourished between faith and reason as well as grace and nature within the golden era of Baroque Scholasticism.
An engaging account of the titan of political philosophy and the development of his most important work, A Theory of Justice, coming at a moment when its ideas are sorely needed.
It is hard to overestimate the influence of John Rawls on political philosophy and theory over the last half-century. His books have sold millions of copies worldwide, and he is one of the few philosophers whose work is known in the corridors of power as well as in the halls of academe. Rawls is most famous for the development of his view of “justice as fairness,” articulated most forcefully in his best-known work, A Theory of Justice. In it he develops a liberalism focused on improving the fate of the least advantaged, and attempts to demonstrate that, despite our differences, agreement on basic political institutions is both possible and achievable.
Critics have maintained that Rawls’s view is unrealistic and ultimately undemocratic. In this incisive new intellectual biography, Andrius Gališanka argues that in misunderstanding the origins and development of Rawls’s central argument, previous narratives fail to explain the novelty of his philosophical approach and so misunderstand the political vision he made prevalent. Gališanka draws on newly available archives of Rawls’s unpublished essays and personal papers to clarify the justifications Rawls offered for his assumption of basic moral agreement. Gališanka’s intellectual-historical approach reveals a philosopher struggling toward humbler claims than critics allege.
To engage with Rawls’s search for agreement is particularly valuable at this political juncture. By providing insight into the origins, aims, and arguments of A Theory of Justice, Gališanka’s John Rawls will allow us to consider the philosopher’s most important and influential work with fresh eyes.
Appointed by Pope John XXIII to the Pontifical Commission on Population, Family, and Birth, Fuchs ultimately found himself disappointed in his three years of service and spent the next thirty years exploring a broad array of issues pivotal to a reconstruction of Roman Catholic natural law theory. This is the first full-length analysis of Fuchs's efforts.
Beginning historically by looking at Fuchs's writings and beliefs before the Pontifical Commission appointment, including his defense of natural law during the "situation ethics" debates of the 50s and 60s, the concept of personal salvation, and the status of "nature" and "human nature," Graham moves to the intellectual conversion that inspired Fuchs to reconsider his concepts following the commission appointment. From there, Graham engages in a sustained critique of Fuchs's natural theory, addressing both the strengths and weaknesses to be found there and suggest possible avenues of development that would make a positive contribution to the ongoing quest to rehabilitate the Roman Catholic natural law theory that continues to dominate the landscape of moral theology today.
The Journal of the Society of Christian Ethics continues to be an essential resource for students and faculty pursuing the latest developments in Christian and religious ethics, publishing refereed scholarly articles on a variety of topics. The Journal also contains book reviews of the latest scholarship in the field.
“From the bedroom to the classroom to the courtroom, ‘consent’ is a key term in our contemporary sexual ethics. In this timely reexamination, Manon Garcia deftly reveals the hidden complexities of consent and proposes how to reconceptualize it as a tool of liberation.”
—Amia Srinivasan, author of The Right to Sex
A feminist philosopher argues that consent is not only a highly imperfect legal threshold but also an underappreciated complement of good sex.
In the age of #MeToo, consent has become the ultimate answer to problems of sexual harassment and violence: as long as all parties agree to sex, the act is legitimate. Critics argue that consent, and the awkwardness of confirming it, rob sex of its sexiness. But that objection is answered with the charge that opposing the consent regime means defending a masculine erotics of silence and mystery, a pillar of patriarchy.
In The Joy of Consent, French philosopher Manon Garcia upends the assumptions that underlie this very American debate, reframing consent as an ally of pleasure rather than a legalistic killjoy. In doing so, she rejects conventional wisdom on all sides. As a legal norm, consent can prove rickety: consent alone doesn’t make sex licit—adults engaged in BDSM are morally and legally suspect even when they consent. And nonconsensual sex is not, as many activists insist, always rape. People often agree to sex because it is easier than the alternative, Garcia argues, challenging the simplistic equation between consent and noncoercion.
Drawing on sources rarely considered together—from Kantian ethics to kink practices—Garcia offers an alternative framework grounded in commitments to autonomy and dignity. While consent, she argues, should not be a definitive legal test, it is essential to realizing intimate desire, free from patriarchal domination. Cultivating consent makes sex sexy. By appreciating consent as the way toward an ethical sexual flourishing rather than a legal litmus test, Garcia adds a fresh voice to the struggle for freedom, equality, and security from sexist violence.
When Edgar Bodenheimer’s book, Jurisprudence: The Philosophy and Method of the Law, was published in 1962, it received extraordinary reviews. It was called by one commentator “a profoundly scholarly, clearly written and thoroughly unpretentious contribution to the literature of jurisprudence.” Because there have been significant developments in analytical jurisprudence and in the legal philosophy of values, Bodenheimer has brought his book up to date.
Part I now includes a discussion of important recent contributions to jurisprudence. Part II has been largely rewritten to give more extensive consideration to the psychological roots of the need for order and quest for justice, the conceptual scope and substantive components of the notion of justice, and the criteria for validity of the law. Part III of Bodenheimer’s study is concerned with the problems of legal method and the modes of legal reasoning.
What’s wrong with the contemporary American medical system? What does it mean when a state’s democratic presidential primary casts 40% of its votes for a felon incarcerated in another state? What’s so bad about teaching by PowerPoint? What is truly the dirtiest word in America?
These are just a few of the engaging and controversial issues that Michael Blumenthal, poet, novelist, essayist, and law professor, tackles in this collection of poignant essays commissioned by West Virginia Public Radio.
In these brief essays, Blumenthal provides unconventional insights into our contemporary political, educational, and social systems, challenging us to look beyond the headlines to the psychological and sociological realities that underlie our conventional thinking.
As a widely published poet and novelist, Blumenthal brings along a lawyer’s analytical ability with his literary sensibility, effortlessly facilitating a distinction between the clichés of today’s pallid political discourse and the deeper realities that lie beneath. This collection will captivate and provoke those with an interest in literature, politics, law, and the unwritten rules of our social and political engagements.
This elegant essay on the justice of work focuses on the fit between who we are and the kind of work we do. Russell Muirhead shows how the common hope for work that fulfills us involves more than personal interest; it also points to larger understandings of a just society. We are defined in part by the jobs we hold, and Muirhead has something important to say about the partial satisfactions of the working life, and the increasingly urgent need to balance the claims of work against those of family and community.
Against the tendency to think of work exclusively in contractual terms, Muirhead focuses on the importance of work to our sense of a life well lived. Our notions of freedom and fairness are incomplete, he argues, without due consideration of how we fit the work we do.
Muirhead weaves his argument out of sociological, economic, and philosophical analysis. He shows, among other things, how modern feminism's effort to reform domestic work and extend the promise of careers has contributed to more democratic understandings of what it means to have work that fits. His account of individual and social fit as twin standards of assessment is original and convincing--it points both to the unavoidable problem of distributing bad work in society and to the personal importance of finding fulfilling work. These themes are pursued through a wide-ranging discussion that engages thinkers from Plato to John Stuart Mill to Betty Friedan. Just Work shows what it would mean for work to make good on the high promise so often invested in it and suggests what we--both as a society and as individuals--might do when it falls short.
Most decision making in environmental policy today is based on the economic cost-benefit argument. Criticizing the shortcomings of the market paradigm, John Martin Gillroy proposes an alternative way to conceptualize and create environmental policy, one that allows for the protection of moral and ecological values in the face of economic demands.
Drawing on Kantian definitions of who we are as citizens, how we act collectively, and what the proper role of the state is, Gillroy develops a philosophical justification for incorporating non-market values into public decision making. His new paradigm for justice toward nature integrates the intrinsic value of humanity and nature into the law.
To test the feasibility of this new approach, Gillroy applies it to six cases: wilderness preservation, national wildlife refuges, not-in-my-backyard (NIMBY) siting dilemmas, comparative risk analysis, the Food and Drug Administration's risk regulation, and the National Environmental Policy Act. He also encourages others to adapt his framework to create alternative policy models from existing philosophies.
This book offers new insights, models, and methods for policymakers and analysts and for scholars in philosophy, political theory, law, and environmental studies.
This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s. In time the lectures became a restatement of his theory of justice as fairness, revised in light of his more recent papers and his treatise Political Liberalism (1993). As Rawls writes in the preface, the restatement presents "in one place an account of justice as fairness as I now see it, drawing on all [my previous] works." He offers a broad overview of his main lines of thought and also explores specific issues never before addressed in any of his writings.
Rawls is well aware that since the publication of A Theory of Justice in 1971, American society has moved farther away from the idea of justice as fairness. Yet his ideas retain their power and relevance to debates in a pluralistic society about the meaning and theoretical viability of liberalism. This book demonstrates that moral clarity can be achieved even when a collective commitment to justice is uncertain.
The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest.
Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University
Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions.
Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
The recent past has seen striking advances in our understanding of both moral responsibility and distributive justice. S. L. Hurley's ambitious work brings these two areas of lively debate into overdue contact with each other.
Key contemporary discussions of distributive justice have formulated egalitarian approaches in terms of responsibility; in this view, the aim of egalitarianism is to respect differences between positions for which people are responsible while neutralizing differences that are a matter of luck. But this approach, Hurley contends, has ignored the way our understanding of responsibility constrains the roles it can actually play within distributive justice. Her book brings the new articulation of responsibility to bear in explaining these constraints. While responsibility might help specify what to distribute, it cannot tell us how to distribute; thus, Hurley argues, responsibility cannot tell us to distribute in an egalitarian pattern in particular. It can, however, play other important roles in a theory of justice, in relation to incentive-seeking behavior and well-being. Hurley's book proposes a new, bias-neutralizing approach to distributive justice that places responsibility in these less problematic roles.
"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and Levinasian philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities."
---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College
"This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system."
---Carol Steiker, Harvard Law School
"Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize. . . . Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light."
---James Martel, San Francisco State University
How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice.
Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy.
Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities.
The Armenian Genocide and the Nazi Holocaust are often thought to be separated by a large distance in time and space. But Stefan Ihrig shows that they were much more connected than previously thought. Bismarck and then Wilhelm II staked their foreign policy on close relations with a stable Ottoman Empire. To the extent that the Armenians were restless under Ottoman rule, they were a problem for Germany too. From the 1890s onward Germany became accustomed to excusing violence against Armenians, even accepting it as a foreign policy necessity. For many Germans, the Armenians represented an explicitly racial problem and despite the Armenians’ Christianity, Germans portrayed them as the “Jews of the Orient.”
As Stefan Ihrig reveals in this first comprehensive study of the subject, many Germans before World War I sympathized with the Ottomans’ longstanding repression of the Armenians and would go on to defend vigorously the Turks’ wartime program of extermination. After the war, in what Ihrig terms the “great genocide debate,” German nationalists first denied and then justified genocide in sweeping terms. The Nazis too came to see genocide as justifiable: in their version of history, the Armenian Genocide had made possible the astonishing rise of the New Turkey.
Ihrig is careful to note that this connection does not imply the Armenian Genocide somehow caused the Holocaust, nor does it make Germans any less culpable. But no history of the twentieth century should ignore the deep, direct, and disturbing connections between these two crimes.
Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents—who emphasize the importance of providing incentives for producers of creative works— from skeptics who emphasize the need for free and open access to knowledge.
In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges’ vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits.
Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and—when subject to fair limits—these rights are an indispensable part of a well-functioning society.
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