The first English translation of Greek Theology
The first-century CE North African philosopher Cornutus lived in Rome as a philosopher and is best known today for his surviving work Greek Theology, which explores the origins and names of the Greek gods. However, he was also interested in the language and literature of the poets Persius and Lucan and wrote one of the first commentaries on Virgil. This book collects and translates all of our evidence for Cornutus for the first time and includes the first published English translation of Greek Theology. This collection offers entirely fresh insight into the intellectual world of the first century.
Features
On virtue in education and argumentation.
Plato, the great philosopher of Athens, was born in 427 BC. In early manhood an admirer of Socrates, he later founded the famous school of philosophy in the grove Academus. Much else recorded of his life is uncertain; that he left Athens for a time after Socrates’ execution is probable; that later he went to Cyrene, Egypt, and Sicily is possible; that he was wealthy is likely; that he was critical of “advanced” democracy is obvious. He lived to be 80 years old. Linguistic tests including those of computer science still try to establish the order of his extant philosophical dialogues, written in splendid prose and revealing Socrates’ mind fused with Plato’s thought.
In Laches, Charmides, and Lysis, Socrates and others discuss separate ethical conceptions. Protagoras, Ion, and Meno discuss whether righteousness can be taught. In Gorgias, Socrates is estranged from his city’s thought, and his fate is impending. The Apology (not a dialogue), Crito, Euthyphro, and the unforgettable Phaedo relate the trial and death of Socrates and propound the immortality of the soul. In the famous Symposium and Phaedrus, written when Socrates was still alive, we find the origin and meaning of love. Cratylus discusses the nature of language. The great masterpiece in ten books, the Republic, concerns righteousness (and involves education, equality of the sexes, the structure of society, and abolition of slavery). Of the six so-called dialectical dialogues Euthydemus deals with philosophy; metaphysical Parmenides is about general concepts and absolute being; Theaetetus reasons about the theory of knowledge. Of its sequels, Sophist deals with not-being; Politicus with good and bad statesmanship and governments; Philebus with what is good. The Timaeus seeks the origin of the visible universe out of abstract geometrical elements. The unfinished Critias treats of lost Atlantis. Unfinished also is Plato’s last work, Laws, a critical discussion of principles of law which Plato thought the Greeks might accept.
The Loeb Classical Library edition of Plato is in twelve volumes.
Alarming environmental degradation makes ever more urgent the reconciliation of political economy and sustainability. Land and the Given Economy examines how the landed basis of human existence converges with economics, and it offers a persuasive new conception of land that transcends the flawed and inadequate accounts in classical and neoclassical economics.
Todd S. Mei grounds this work in a rigorous review of problematic economic conceptions of land in the work of John Locke, Adam Smith, David Ricardo, John Stuart Mill, Karl Marx, Henry George, Alfred Marshall, and Thorstein Veblen.
Mei then draws on the thought of Martin Heidegger to posit a philosophical clarification of the meaning of land—its ontological nature. He argues that central to rethinking land is recognizing its unique manner of being, described as its "givenness." Concluding with a discussion of ground rent, Mei reflects on specific strategies for incorporating the philosophical account of land into contemporary economic policies.
Revivifying economic frameworks that fail to resolve the impasse between economic development and sustainability, Land and the Given Economy offers much of interest to scholars and readers of philosophy, environmentalism, and the full spectrum of political economy.
In seminal works ranging from Sources of the Self to A Secular Age, Charles Taylor has shown how we create possible ways of being, both as individuals and as a society. In his new book setting forth decades of thought, he demonstrates that language is at the center of this generative process.
For centuries, philosophers have been divided on the nature of language. Those in the rational empiricist tradition—Hobbes, Locke, Condillac, and their heirs—assert that language is a tool that human beings developed to encode and communicate information. In The Language Animal, Taylor explains that this view neglects the crucial role language plays in shaping the very thought it purports to express. Language does not merely describe; it constitutes meaning and fundamentally shapes human experience. The human linguistic capacity is not something we innately possess. We first learn language from others, and, inducted into the shared practice of speech, our individual selves emerge out of the conversation.
Taylor expands the thinking of the German Romantics Hamann, Herder, and Humboldt into a theory of linguistic holism. Language is intellectual, but it is also enacted in artistic portrayals, gestures, tones of voice, metaphors, and the shifts of emphasis and attitude that accompany speech. Human language recognizes no boundary between mind and body. In illuminating the full capacity of “the language animal,” Taylor sheds light on the very question of what it is to be a human being.
The Western musical tradition has produced not only music, but also countless writings about music that remain in continuous—and enormously influential—dialogue with their subject. With sweeping scope and philosophical depth, A Language of Its Own traces the past millennium of this ongoing exchange.
Ruth Katz argues that the indispensible relationship between intellectual production and musical creation gave rise to the Western conception of music. This evolving and sometimes conflicted process, in turn, shaped the art form itself. As ideas entered music from the contexts in which it existed, its internal language developed in tandem with shifts in intellectual and social history. Katz explores how this infrastructure allowed music to explain itself from within, creating a self-referential and rational foundation that has begun to erode in recent years.
A magisterial exploration of a frequently overlooked intersection of Western art and philosophy, A Language of Its Own restores music to its rightful place in the history of ideas.
Humankind has always been fascinated and troubled by the way languages and dialects differ. Linguistically based differences in point of view have preoccupied many original minds of the past, such as Kant, and remain at the forefront of language study: in philosophy, anthropology, literary criticism, and other fields.
Paul Friedrich's The Language Parallax argues persuasively that the "locus and focus" of differences among languages lies not so much in practical or rational aspects as in the complexity and richness of more poetic dimensions—in the nuances of words, or the style and voice of an author. This poetic reformulation of what has been called "linguistic relativism" is grounded in the author's theory of the imagination as a main source of poetic indeterminacy. The reformulation is also based on the intimate relation of the concentrated language of poetry to the potential or possibilities for poetry in ordinary conversation, dreams, and other experiences. The author presents challenging thoughts on the order and system of language in their dynamic relation to indeterminacy and, ultimately, disorder and chaos.
Drawing on his considerable fieldwork in anthropology and linguistics, Friedrich interweaves distinct and provocative elements: the poetry of language difference, the indeterminacy in dialects and poetic forms, the discovery of underlying orders, the workings of different languages, the strength of his own poetry. The result is an innovative and organic whole.
The Language Parallax, then, is a highly original work with a single bold thesis. It draws on research and writing that has involved, in particular, English, Russian, and the Tarascan language of Mexico, as well as the personal and literary study of the respective cultures. Anthropologist, linguist, and poet, Friedrich synthesizes from his experience in order to interrelate language variation and structure, the creative individual, ideas of system-in-process, and questions of scientific and aesthetic truth. The result is a new view of language held to the light of its potentially creative nature.
Language Proof and Logic is available as a physical book with the software included and as a downloadable package of software plus the book in PDF format. The all-electronic version is available from Openproof at gradegrinder.net.
The textbook/software package covers first-order language in a method appropriate for first and second courses in logic. An on-line grading services instantly grades solutions to hundred of computer exercises. It is designed to be used by philosophy instructors teaching a logic course to undergraduates in philosophy, computer science, mathematics, and linguistics.
Introductory material is presented in a systematic and accessible fashion. Advanced chapters include proofs of soundness and completeness for propositional and predicate logic, as well as an accessible sketch of Godel's first incompleteness theorem. The book is appropriate for a wide range of courses, from first logic courses for undergraduates (philosophy, mathematics, and computer science) to a first graduate logic course.
The software package includes four programs:
Tarski's World, a new version of the popular program that teaches the basic first-order language and its semantics;
Fitch, a natural deduction proof environment for giving and checking first-order proofs;
Boole, a program that facilitates the construction and checking of truth tables and related notions (tautology, tautological consequence, etc.);
Submit, a program that allows students to submit exercises done with the above programs to the Grade Grinder, the automatic grading service.
Grade reports are returned to the student and, if requested, to the student's instructor, eliminating the need for tedious checking of homework. All programs are available for Windows and Macintosh systems. Instructors do not need to use the programs themselves in order to be able to take advantage of their pedagogical value. More about the software can be found at gradegrinder.net.
The price of a new text/software package includes one Registration ID, which must be used each time work is submitted to the grading service. Once activated, the Registration ID is not transferable.
Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future.
For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront.
It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
The rubric “The Late Derrida,” with all puns and ambiguities cheerfully intended, points to the late work of Jacques Derrida, the vast outpouring of new writing by and about him in the period roughly from 1994 to 2004. In this period Derrida published more than he had produced during his entire career up to that point. At the same time, this volume deconstructs the whole question of lateness and the usefulness of periodization. It calls into question the “fact” of his turn to politics, law, and ethics and highlights continuities throughout his oeuvre.
The scholars included here write of their understandings of Derrida’s newest work and how it impacts their earlier understandings of such classic texts as Glas and Of Grammatology. Some have been closely associated with Derrida since the beginning—both in France and in the United States—but none are Derrideans. That is, this volume is a work of critique and a deep and continued engagement with the thought of one of the most significant philosophers of our time. It represents a recognition that Derrida’s work has yet to be addressed—and perhaps can never be addressed—in its totality.
John Dewey’s Experience and Nature has been considered the fullest expression of his mature philosophy since its eagerly awaited publication in 1925.Irwin Edman wrote at that time that “with monumental care, detail and completeness, Professor Dewey has in this volume revealed the metaphysical heart that beats its unvarying alert tempo through all his writings, whatever their explicit themes.” In his introduction to this volume, Sidney Hook points out that “Dewey’s Experience and Nature is both the most suggestive and most difficult of his writings.”
The meticulously edited text published here as the first volume in the series The Later Works of John Dewey, 1925–1953spans that entire period in Dewey’s thought by including two important and previously unpublished documents from the book’s history: Dewey’s unfinished new introduction written between 1947and 1949,edited by the late Joseph Ratner, and Dewey’s unedited final draft of that introduction written the year before his death. In the intervening years Dewey realized the impossibility of making his use of the word “experience” understood. He wrote in his 1951draft for a new introduction: “Were I to write (or rewrite) Experience and Nature today I would entitle the book Culture and Nature and the treatment of specific subject-matters would be correspondingly modified. I would abandon the term ‘experience’ because of my growing realization that the historical obstacles which prevented understanding of my use of ‘experience’ are, for all practical purposes, insurmountable. I would substitute the term ‘culture’ because with its meanings as now firmly established it can fully and freely carry my philosophy of experience.”
Art as Experience evolved from John Dewey’s Willam James Lectures, delivered at Harvard University from February to May 1931.
In his Introduction, Abraham Kaplan places Dewey’s philosophy of art within the context of his pragmatism. Kaplan demonstrates in Dewey’s esthetic theory his traditional “movement from a dualism to a monism” and discusses whether Dewey’s viewpoint is that of the artist, the respondent, or the critic.
This volume includes ninety-two items from 1935, 1936, and 1937, including Dewey’s 1935 Page-Barbour Lectures at the University of Virginia, published as Liberalism and Social Action.
In essay after essay Dewey analyzed, criticized, and reevaluated liberalism. When his controversial Liberalism and Social Action appeared, asking whether it was still possible to be a liberal, Horace M. Kallen wrote that Dewey “restates in the language and under the conditions of his times what Jefferson’s Declaration of Independence affirmed in the language and under the conditions of his.”
The diverse nature of the writings belies their underlying unity: some are technical philosophy; other philosophical articles shade into social and political themes; social and political issues permeate the educational articles, which in turn involve Dewey’s philosophical ideas.
Heralded as “the crowning work of a great career,” Logic: The Theory of Inquiry was widely reviewed. To Evander Bradley McGilvary, the work assured Dewey “a place among the world’s great logicians.”
William Gruen thought “No treatise on logic ever written has had as direct and vital an impact on social life as Dewey’s will have.”
Paul Weiss called it “the source and inspiration of a new and powerful movement.”
Irwin Edman said of it, “Most philosophers write postscripts; Dewey has made a program. His Logic is a new charter for liberal intelligence.”
Ernest Nagel called the Logic an impressive work. Its unique virtue is to bring fresh illumination to its subject by stressing the roles logical principles and concepts have in achieving the objectives of scientific inquiry.”
This volume includes all Dewey’s writings for 1938 except for Logic: The Theory of Inquiry (Volume 12 of The Later Works), as well as his 1939 Freedom and Culture, Theory of Valuation, and two items from Intelligence in the Modern World.
Freedom and Culture presents, as Steven M. Cahn points out, “the essence of his philosophical position: a commitment to a free society, critical intelligence, and the education required for their advance.”
This volume republishes forty-four essays, reviews, and miscellaneous pieces from 1939, 1940, and 1941.
In his Introduction, R. W. Sleeper characterizes the contents of this volume as “vintage Dewey. Ranging widely over problems of theory and practice, they reveal him commencing his ninth decade at the peak of his intellectual powers.”
“Nature in Experience,” Dewey’s reply to Morris R. Cohen and William Ernest Hocking, “is a model of clarity and responsiveness,” writes Sleeper, “perhaps his clearest statement of why it is that metaphysics does not play the fundamental role for him that it had regularly played for his predecessors.”
This volume republishes sixty-two of Dewey’s writings from the years 1942 to 1948; four other items are published here for the first time.
A focal point of this volume is Dewey’s introduction to his collective volume Problems of Men. Exchanges in the Journal of Philosophy with Donald C. Mackay, Philip Blair Rice, and with Alexander Meiklejohn in Fortune appear here, along with Dewey’s letters to editors of various publications and his forewords to colleagues’ books. Because 1942 was the centenary of the birth of William James, four articles about James are also included in this volume.
Typescripts, essays, and an authoritative edition of Knowing and the Known, Dewey’s collaborative work with Arthur F. Bentley.
In an illuminating Introduction T. Z. Lavine defines the collaboration's three goals—the "construction of a new language for behavioral inquiry," "a critique of formal logicians, in defense of Dewey’s Logic," and "a critique of logical positivism." In Dewey’s words: "Largely due to Bentley, I’ve finally got the nerve inside of me to do what I should have done years ago."
"What Is It to Be a Linguistic Sign or Name?" and "Values, Valuations, and Social Facts,’ both written in 1945, are published here for the first time.
This is the final textual volume in The Collected Works of John Dewey, 1882–1953, published in 3 series comprising 37 volumes: The Early Works, 1882–1898 (5 vols.); The Middle Works, 1899–1924 (15 vols.); The Later Works, 1925–1953 (17 vols.).
Volume 17 contains Dewey’s writings discovered after publication of the appropriate volume of The Collected Works and spans most of Dewey’s publishing life. There are 83 items in this volume, 24 of which have not been previously published.
Among works highlighted in this volume are 10 “Educational Lectures before Brigham Young Academy,” early essays “War’s Social Results” and “The Problem of Secondary Education after the War,” and the previously unpublished “The Russian School System.”
With the exception of Experience and Nature, (Volume 1 of the Later Works), this volume contains all of Dewey’s writings for 1925 and 1926, as well as his 1927 book, The Public and Its Problems. A Modern Language Association’s Committee on Scholarly Editions textual edition.
The first essay in this volume, “The Development of American Pragmatism,” is perhaps Dewey’s best-known article of these years, emphasizing the uniquely American origins of his own philosophical innovations. Other essays focus on Dewey’s continuing investigation of the “nature of intelligent conduct,” as, for example, his debate with David Wight Prall on the underpinnings of value, his study of sense-perception, and his support for outlawing of war. Also appearing here are Dewey’s final articles on the culture of the developing world, written for the New Republic after his travels to China, Turkey, and Mexico.
All of Dewey’s writings for 1927 and 1928 with the exception of The Public and Its Problems, which appears in Volume 2, A Modern Language Association’s Committee on Scholarly Editions textual edition.
These essays are, as Sidorsky says in his Introduction, “framed, in great measure, by those two poles of his philosophical interest: looking backward, in a sense, to the defense of naturalistic metaphysics and moving forward to the justification and to the implications for practice of an empirical theory.”
Dewey’s five essays on education are evidence of his continued interest in that field. Among them is the frequently quoted “Why I Am a Member of the Teachers Union,” which is still used by the American Federation of Teachers in its recruiting efforts. Other highlights of this volume include the famous exchange between George Santayana and Dewey on Experience and Nature; an impassioned condemnation of the miscarriage of justice Dewey saw in the Sacco-Vanzetti trial; and a series of six articles on the Soviet Union based on Dewey’s trip to that country in 1928.
With the exception of The Quest for Certainty (Volume 4) this fifth volume brings together Dewey’s writings for the 1929–1930 period.
During this time Dewey published 4 books and 50 articles on philosophical, educational, political, and social issues. His philosophical essays include “What Humanism Means to Me” and “What I Believe,” both of which express Dewey’s faith in man’s potentialities and intelligence, and a lively Journal of Philosophy exchange with Ernest Nagel, William Ernest Hocking, C. I. Lewis, and F. J. E. Woodbridge. Educational writings include The Sources of a Science of Education. The contents of this volume reflect Dewey’s increasing involvement in social and political problems.
Except for Dewey’s and James H. Tufts’ 1932 Ethics (Volume 7 of The Later Works), this volume brings together Dewey’s writings for 1931–1932.
The Great Depression presented John Dewey and the American people with a series of economic, political, and social crises in 1931 and 1932 that are reflected in most of the 86 items in this volume, even in philosophical essays such as “Human Nature.” As Sidney Ratner points out in his Introduction, Dewey’s interest in international peace is featured in the writings in this volume.
Introduction by Abraham Edel and Elizabeth Flower
This seventh volume provides an authoritative edition of Dewey and James H. Tufts’ 1932 Ethics.
Dewey and Tufts state that the book’s aim is: “To induce a habit of thoughtful consideration, of envisaging the full meaning and consequences of individual conduct and social policies,” insisting throughout that ethics must be constantly concerned with the changing problems of daily life.
This ninth volume in The Later Works of John Dewey, 1925—1953, brings together sixty items from 1933 and 1934, including Dewey’s Terry Lectures at Yale University, published as A Common Faith.
In his introduction, Milton R. Konvitz concludes that A Common Faith remains a provocative book, an intellectual ‘teaser,’ an essay at religious philosophy which no philosopher can wholly bypass.”
Dewey concentrated much of his writing in 1933 and 1934 on issues arising from the economic crises of the Great Depression. In the early 1930s Communist activity in the New York Teachers Union increased. The Report of the Special Grievance Committee of the Teachers Union is published in this volume, as is Dewey’s impromptu address, “On the Grievance Committee’s Report,” made when he presented that report. Rounding out the volume are eighteen articles from the People’s Lobby Bulletin.
Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution
Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy.
Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate.
Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
A powerful argument for the essential role of morality in law, getting at the heart of key debates in public life.
What is law? And how does it relate to morality? It’s common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It’s a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts.
Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of legal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law.
Leavened by entertaining personal stories, guided by curiosity rather than ideology, moving beyond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.
This book consists of two parts: “The Law of Peoples,” a major reworking of a much shorter article by the same name published in 1993, and the essay “The Idea of Public Reason Revisited,” first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls.
“The Law of Peoples” extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an “outlaw society” and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions.
“The Idea of Public Reason Revisited” explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls’s most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine—such as that of Kant, or Mill, or Rawls’s own “Justice as Fairness,” presented in A Theory of Justice (1971).
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.
Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated—by scholars and theorists, by lawyers and judges, by students and political activists—for years to come.
Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is—in literature as well as in law—and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense.
The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Final thoughts on an ideal constitution.
Plato, the great philosopher of Athens, was born in 427 BC. In early manhood an admirer of Socrates, he later founded the famous school of philosophy in the grove Academus. Much else recorded of his life is uncertain; that he left Athens for a time after Socrates’ execution is probable; that later he went to Cyrene, Egypt, and Sicily is possible; that he was wealthy is likely; that he was critical of “advanced” democracy is obvious. He lived to be 80 years old. Linguistic tests including those of computer science still try to establish the order of his extant philosophical dialogues, written in splendid prose and revealing Socrates’ mind fused with Plato’s thought.
In Laches, Charmides, and Lysis, Socrates and others discuss separate ethical conceptions. Protagoras, Ion, and Meno discuss whether righteousness can be taught. In Gorgias, Socrates is estranged from his city’s thought, and his fate is impending. The Apology (not a dialogue), Crito, Euthyphro, and the unforgettable Phaedo relate the trial and death of Socrates and propound the immortality of the soul. In the famous Symposium and Phaedrus, written when Socrates was still alive, we find the origin and meaning of love. Cratylus discusses the nature of language. The great masterpiece in ten books, the Republic, concerns righteousness (and involves education, equality of the sexes, the structure of society, and abolition of slavery). Of the six so-called dialectical dialogues Euthydemus deals with philosophy; metaphysical Parmenides is about general concepts and absolute being; Theaetetus reasons about the theory of knowledge. Of its sequels, Sophist deals with not-being; Politicus with good and bad statesmanship and governments; Philebus with what is good. The Timaeus seeks the origin of the visible universe out of abstract geometrical elements. The unfinished Critias treats of lost Atlantis. Unfinished also is Plato’s last work, Laws, a critical discussion of principles of law which Plato thought the Greeks might accept.
The Loeb Classical Library edition of Plato is in twelve volumes.
Final thoughts on an ideal constitution.
Plato, the great philosopher of Athens, was born in 427 BC. In early manhood an admirer of Socrates, he later founded the famous school of philosophy in the grove Academus. Much else recorded of his life is uncertain; that he left Athens for a time after Socrates’ execution is probable; that later he went to Cyrene, Egypt, and Sicily is possible; that he was wealthy is likely; that he was critical of “advanced” democracy is obvious. He lived to be 80 years old. Linguistic tests including those of computer science still try to establish the order of his extant philosophical dialogues, written in splendid prose and revealing Socrates’ mind fused with Plato’s thought.
In Laches, Charmides, and Lysis, Socrates and others discuss separate ethical conceptions. Protagoras, Ion, and Meno discuss whether righteousness can be taught. In Gorgias, Socrates is estranged from his city’s thought, and his fate is impending. The Apology (not a dialogue), Crito, Euthyphro, and the unforgettable Phaedo relate the trial and death of Socrates and propound the immortality of the soul. In the famous Symposium and Phaedrus, written when Socrates was still alive, we find the origin and meaning of love. Cratylus discusses the nature of language. The great masterpiece in ten books, the Republic, concerns righteousness (and involves education, equality of the sexes, the structure of society, and abolition of slavery). Of the six so-called dialectical dialogues Euthydemus deals with philosophy; metaphysical Parmenides is about general concepts and absolute being; Theaetetus reasons about the theory of knowledge. Of its sequels, Sophist deals with not-being; Politicus with good and bad statesmanship and governments; Philebus with what is good. The Timaeus seeks the origin of the visible universe out of abstract geometrical elements. The unfinished Critias treats of lost Atlantis. Unfinished also is Plato’s last work, Laws, a critical discussion of principles of law which Plato thought the Greeks might accept.
The Loeb Classical Library edition of Plato is in twelve volumes.
In Learning from Language, Walter H. Beale seeks to bring together the disciplines of linguistics, rhetoric, and literary studies through the concept of symmetry (how words mirror thought, society, and our vision of the world).
Citing thinkers from antiquity to the present, Beale provides an in-depth study of linguistic theory, development, and practice. He views the historic division between the schools of symmetry and asymmetry (a belief that language developed as a structure independent of human experience), as built into the character of language itself, and as an impediment to literary humanism (the combined study of language, rhetoric, and literature to improve the competence and character of the individual).
In his analysis, Beale outlines and critiques traditional claims of symmetry, then offers new avenues of approach to the subject. In doing so, he examines how important issues of human culture and consciousness have parallels in processes of language; how linguistic patterns relate to pervasive human problems; how language is an active participant in the expression, performance, and construction of reality; the concepts of designating versus naming; figurative language as a process of reenvisioning reality; and the linking of style to virtue by the ancients.
Beale concludes that both asymmetrical and symmetrical elements exist in language, each with their own relevance, and that they are complementary, rather than opposing philosophies. The basic intuitions of symmetry that relate language to life are powerful and important to all of English studies. Combined with a love for the workings, sounds, and structures of language, Beale says, an understanding of symmetry can help guide the pursuit of literary humanism.
Learning to Unlearn: Decolonial Reflections from Eurasia and the Americas is a complex, multisided rethinking of the epistemic matrix of Western modernity and coloniality from the position of border epistemology. Colonial and imperial differences are the two key concepts to understanding how the logic of coloniality creates ontological and epistemic exteriorities. Being at once an enactment of decolonial thinking and an attempt to define its main grounds, mechanisms, and concepts, the book shifts the politics of knowledge from “studying the other” (culture, society, economy, politics) toward “the thinking other” (the authors).
In Lectures on Ethics, 1900–1901,Donald F. Koch supplies the only extant complete transcription of the annual three-course sequence on ethics John Dewey gave at the University of Chicago.
In his introduction Koch argues that these lectures offer the best systematic, overall introduction to Dewey’s approach to moral philosophy and are the only account showing the unity of his views in nearly all phases of ethical inquiry. These lectures are the only work by Dewey to set forth a complete theory of moral language. They offer a clear illustration of the central methodological questions in the development of a pragmatic instrumentalist ethic and the actual working out of the instrumentalist approach as distinct from simply presenting it as a conclusion.
The premier political philosopher of his day, John Rawls, in three decades of teaching at Harvard, has had a profound influence on the way philosophical ethics is approached and understood today. This book brings together the lectures that inspired a generation of students--and a regeneration of moral philosophy. It invites readers to learn from the most noted exemplars of modern moral philosophy with the inspired guidance of one of contemporary philosophy's most noteworthy practitioners and teachers.
Central to Rawls's approach is the idea that respectful attention to the great texts of our tradition can lead to a fruitful exchange of ideas across the centuries. In this spirit, his book engages thinkers such as Leibniz, Hume, Kant, and Hegel as they struggle in brilliant and instructive ways to define the role of a moral conception in human life. The lectures delineate four basic types of moral reasoning: perfectionism, utilitarianism, intuitionism, and--the ultimate focus of Rawls's course--Kantian constructivism. Comprising a superb course on the history of moral philosophy, they also afford unique insight into how John Rawls has transformed our view of this history.
This last book by the late John Rawls, derived from written lectures and notes for his long-running course on modern political philosophy, offers readers an account of the liberal political tradition from a scholar viewed by many as the greatest contemporary exponent of the philosophy behind that tradition.
Rawls's goal in the lectures was, he wrote, "to identify the more central features of liberalism as expressing a political conception of justice when liberalism is viewed from within the tradition of democratic constitutionalism." He does this by looking at several strands that make up the liberal and democratic constitutional traditions, and at the historical figures who best represent these strands--among them the contractarians Hobbes, Locke, and Rousseau; the utilitarians Hume, Sidgwick, and J. S. Mill; and Marx regarded as a critic of liberalism. Rawls's lectures on Bishop Joseph Butler also are included in an appendix. Constantly revised and refined over three decades, Rawls's lectures on these figures reflect his developing and changing views on the history of liberalism and democracy--as well as how he saw his own work in relation to those traditions.
With its clear and careful analyses of the doctrine of the social contract, utilitarianism, and socialism--and of their most influential proponents--this volume has a critical place in the traditions it expounds. Marked by Rawls's characteristic patience and curiosity, and scrupulously edited by his student and teaching assistant, Samuel Freeman, these lectures are a fitting final addition to his oeuvre, and to the history of political philosophy as well.
Brown and Halley have assembled essays from diverse contributors—law professors, philosophers, political theorists, and literary critics—united chiefly by their willingness to think critically from the left about left legal projects. The essays themselves vary by topic, by theoretical approach, and by conclusion. While some contributors attempt to rework particular left legal projects, others insist upon abandoning or replacing those projects. Still others leave open the question of what is to be done as they devote their critical attention to understanding what we are doing. Above all, Left Legalism/Left Critique is a rare contemporary argument and model for the intellectually exhilarating and politically enriching dimensions of left critique—dimensions that persist even, and perhaps especially, when critique is unsure of the intellectual and political possibilities it may produce.
Contributors: Lauren Berlant, Wendy Brown, Judith Butler, Drucilla Cornell, Richard T. Ford, Katherine M. Franke, Janet Halley, Mark Kelman, David Kennedy, Duncan Kennedy, Gillian Lester, Michael Warner
Left-leaning political parties play an important role as representatives of the poor and disempowered. They once did so by promising protections from the forces of capital and the market’s tendencies to produce inequality. But in the 1990s they gave up on protection, asking voters to adapt to a market-driven world. Meanwhile, new, extreme parties began to promise economic protections of their own—albeit in an angry, anti-immigrant tone.
To better understand today’s strange new political world, Stephanie L. Mudge’s Leftism Reinvented analyzes the history of the Swedish and German Social Democrats, the British Labour Party, and the American Democratic Party. Breaking with an assumption that parties simply respond to forces beyond their control, Mudge argues that left parties’ changing promises expressed the worldviews of different kinds of experts. To understand how left parties speak, we have to understand the people who speak for them.
Leftism Reinvented shows how Keynesian economists came to speak for left parties by the early 1960s. These economists saw their task in terms of discretionary, politically-sensitive economic management. But in the 1980s a new kind of economist, who viewed the advancement of markets as left parties’ main task, came to the fore. Meanwhile, as voters’ loyalties to left parties waned, professional strategists were called upon to “spin” party messages. Ultimately, left parties undermined themselves, leaving a representative vacuum in their wake. Leftism Reinvented raises new questions about the roles and responsibilities of left parties—and their experts—in politics today.
With the untimely death of Edward W. Said in 2003, various academic and public intellectuals worldwide have begun to reassess the writings of this powerful oppositional intellectual. Figures on the neoconservative right have already begun to discredit Said’s work as that of a subversive intent on slandering America’s benign global image and undermining its global authority. On the left, a significant number of oppositional intellectuals are eager to counter this neoconservative vilification, proffering a Said who, in marked opposition to the “anti-humanism” of the great poststructuralist thinkers who were his contemporaries--Jacques Derrida, Jean-Francois Lyotard, Jacques Lacan, Louis Althusser, and Michel Foucault--reaffirms humanism and thus rejects poststructuralist theory.
In this provocative assessment of Edward Said’s lifework, William V. Spanos argues that Said’s lifelong anti-imperialist project is actually a fulfillment of the revolutionary possibilities of poststructuralist theory. Spanos examines Said, his legacy, and the various texts he wrote--including Orientalism,Culture and Imperialism, and Humanism and Democratic Criticism--that are now being considered for their lasting political impact.
Capturing the lively modernist milieu of Kenneth Burke’s early career in Greenwich Village, where Burke arrived in 1915 fresh from high school in Pittsburgh, this book discovers him as an intellectual apprentice conversing with “the moderns.” Burke found himself in the midst of an avant-garde peopled by Malcolm Cowley, Marianne Moore, Jean Toomer, Katherine Anne Porter, William Carlos Williams, Allen Tate, Hart Crane, Alfred Stieglitz, and a host of other fascinating figures.
Burke himself, who died in 1993 at the age of 96, has been hailed as America’s most brilliant and suggestive critic and the most significant theorist of rhetoric since Cicero. Many schools of thought have claimed him as their own, but Burke has defied classification and indeed has often been considered a solitary, eccentric genius immune to intellectual fashions. But Burke’s formative work of the 1920s, when he first defined himself and his work in the context of the modernist conversation, has gone relatively unexamined.
Here we see Burke living and working with the crowd of poets, painters, and dramatists affiliated with Others magazine, Stieglitz’s “291” gallery, and Eugene O’Neill’s Provincetown Players; the leftists associated with the magazines The Masses and Seven Arts; the Dadaists; and the modernist writers working on literary journals like The Dial, where Burke in his capacity as an associate editor saw T. S. Eliot’s “The Wasteland” into print for the first time and provided other editorial services for Thomas Mann, e.e. cummings, Ezra Pound, and many other writers of note. Burke also met the iconoclasts of the older generation represented by Theodore Dreiser and H. L. Mencken, the New Humanists, and the literary nationalists who founded Contact and The New Republic. Jack Selzer shows how Burke’s own early poems, fiction, and essays emerged from and contributed to the modernist conversation in Greenwich Village. He draws on a wonderfully rich array of letters between Burke and his modernist friends and on the memoirs of his associates to create a vibrant portrait of the young Burke’s transformation from aesthete to social critic.
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day.
The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Law is a moving system of rules that changes according to a nation’s political and socioeconomic development. To understand the law of the People’s Republic of China today, it is imperative to learn the history and philosophy of the law when it was first shaped. This is a comprehensive introduction to Chinese legal scholarship and the prominent scholars who developed it during the initial decades of the PRC, when the old Chinese legal system was abolished by the newly established Communist government. With responsibilities for full-scale recovery and reconstruction, while cultivating entirely new disciplines and branches of legal studies, the thirty-three leading legal scholars featured herein became the creators, pioneers, and teachers of the new Communist legal system. Through their scholarship, we can see where the field of Chinese legal studies came from, and where it is going.
Nongji Zhang reveals the stories of the most prominent PRC legal scholars, including their backgrounds, scholarly contributions, and important works. This essential tool and resource for the study of Chinese law will be of great use to faculty, students, scholars, librarians, and anyone interested in the field.
“An extraordinarily good synthesis from an amazing range of philosophical, legal, and technological sources . . . the book will appeal to legal academics and students, lawyers involved in e-commerce and cyberspace legal issues, technologists, moral philosophers, and intelligent lay readers interested in high tech issues, privacy, [and] robotics.”
—Kevin Ashley, University of Pittsburgh School of Law
As corporations and government agencies replace human employees with online customer service and automated phone systems, we become accustomed to doing business with nonhuman agents. If artificial intelligence (AI) technology advances as today’s leading researchers predict, these agents may soon function with such limited human input that they appear to act independently. When they achieve that level of autonomy, what legal status should they have?
Samir Chopra and Laurence F. White present a carefully reasoned discussion of how existing philosophy and legal theory can accommodate increasingly sophisticated AI technology. Arguing for the legal personhood of an artificial agent, the authors discuss what it means to say it has “knowledge” and the ability to make a decision. They consider key questions such as who must take responsibility for an agent’s actions, whom the agent serves, and whether it could face a conflict of interest.
Legalism deals with the area between political theory and jurisprudence. Its aim is to bridge the intellectual gulf separating jurisprudence from other kinds of social theory by explaining why, in the view of historians and political theorists, legalism has fallen short in its approach to both morals and politics. Judith Shklar proposes that, instead of regarding law as a discrete entity resting upon a rigid system of definitions, legal theorists should treat it, along with morals and politics, as part of an all-inclusive social continuum.
The first part of the book examines law and morals and criticizes the approach to morals of both the analytical positivists and the natural law theorists. The second part, on law and politics, deals with legalism as a political ideology that comes into conflict with other policies, particularly during political trials.
Incisively and stylishly written, the book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.
What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved.
Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well.
Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
This volume presents a penetrating interview and sixteen essays that explore key intersections of medieval religion and philosophy. With characteristic erudition and insight, RémiBrague focuses less on individual Christian, Jewish, and Muslim thinkers than on their relationships with one another. Their disparate philosophical worlds, Brague shows, were grounded in different models of revelation that engendered divergent interpretations of the ancient Greek sources they held in common. So, despite striking similarities in their solutions for the philosophical problems they all faced, intellectuals in each theological tradition often viewed the others’ ideas with skepticism, if not disdain. Brague’s portrayal of this misunderstood age brings to life not only its philosophical and theological nuances, but also lessons for our own time.
In The Legitimacy of the Middle Ages, modernists and medievalists, as well as scholars specializing in eighteenth-, nineteenth-, and twentieth-century comparative literature, offer a new history of theory and philosophy through essays on secularization and periodization, Marx’s (medieval) theory of commodity fetishism, Heidegger’s scholasticism, and Adorno’s nominalist aesthetics. One essay illustrates the workings of medieval mysticism in the writing of Freud’s most famous patient, Daniel Paul Schreber, author of Memoirs of My Nervous Illness (1903). Another looks at Michael Hardt and Antonio Negri’s Empire, a theoretical synthesis whose conscientious medievalism was the subject of much polemic in the post-9/11 era, a time in which premodernity itself was perceived as a threat to western values. The collection concludes with an afterword by Fredric Jameson, a theorist of postmodernism who has engaged with the medieval throughout his career.
Contributors: Charles D. Blanton, Andrew Cole, Kathleen Davis, Michael Hardt, Bruce Holsinger, Fredric Jameson, Ethan Knapp, Erin Labbie, Jed Rasula, D. Vance Smith, Michael Uebel
At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate.
What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently.
How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason.
Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
Although Leibniz is universally regarded as the greatest German philosopher before Kant, his work as a political and moral philosopher is almost entirely neglected in the English-speaking world, where he is seen chiefly as a metaphysician, mathematical logician, and co-discoverer of calculus. Yet Leibniz' doctoral degree was in law and jurisprudence, and he served throughout his life as a judge and a diplomat; he was a valued political--legal adviser to Czar Peter the Great, to the King of Prussia in Berlin, and to the Holy Roman Emperor in Vienna. Patrick Riley recovers this crucial part of Leibniz' thought and activity.
For the first time--as we celebrate the 350th anniversary of Leibniz' birth--his political, moral, and legal thought are extensively discussed here in English. The text includes fragments of his work that have never before been translated. Riley shows that "justice as wise charity" has at least as much claim to be taken seriously as the familiar contractarian ideas of Hobbes and Locke. Since Leibniz was the greatest Platonist of early modernity, Riley argues, his version of Platonic idealism serves as the bridge from Plato himself to the greatest modern "critical" idealist, Kant. With Leibniz' Universal Jurisprudence we now have a fuller picture of one of the greatest general thinkers of the seventeenth century.
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