This paper examines the intersection of technical law and common sense reasoning in small claims arbitration, a distinctive and increasingly prevalent kind of legal work. Following (Garfinkel, Ethnomethodology’s program: Working out Durkheim’s aphorism, 2002), the study explores the “reform of technical reason” and what a “just outcome” means by focusing on the arbitration of actual small claims cases and how technical-legal and non-technical/informal resources are brought into alignment to produce dispute resolution. The arbitrator elicits discussions that establish consensual and (...) commonplace formulations of “the case,” formulations that foreshadow its disposition as technical matters of law. The research demonstrates how formal structures of equity, evenhandedness, and decisions without bias have their production in vivo, and how a just and fair course becomes a “just outcome.”. (shrink)

I will, in this paper, set out the philosophical foundations and the basic structure of a new theory of justice. I will argue that both these foundations and the theory which is based upon them are intuitively attractive and theoretically sound. Finally, I will argue that both are supported by the fact that they lead to attractive implications such as the following: One can justify at least some governmental redistributive programs which presuppose that those receiving the wealth have a (...) right to it, without being committed to any form of egalitarianism. The justification for these redistributive programs respects property entitlements; it argues, in effect, that property entitlements and rights to some redistribution of wealth presuppose each other, rather than being in conflict with each other. The amount of redistribution to which each indigent person is entitled is directly proportional to the wealth of the society in question and inversely proportional to the number of indigents in the society in question. There are at this stage in the history of Western thought few entirely new ideas in philosophy. Too much has been written about the important issues to allow for entirely new approaches. My theory is no exception to these generalizations, for it draws upon the tradition of John Locke, of the agrarian reforms such as Paine, Spence, and Ogilvie, and of libertarian writers such as Robert Nozick. Nevertheless, I will argue, the resulting theory is a significant advance over the ideas of these earlier writers. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean (...) this. When it comes to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

This paper challenges the “characterological” theory of racial injustice. This theory, widely held in corporate efforts to address race, simultaneously endorses a “structural” account of racism while advocating deeply individualistic remedies: challenging systemic racism, on this view, requires directing our energies inward toward our most ingrained habits and self-conceptions. I begin by reconstructing the characterological theory and its appeal. I then argue that it rests on questionable, if not untenable, cognitive assumptions. Instead of seeing racism as carried forth by (...) agents’ deeply internal characters, I argue that a structural account of racial domination is better served by understanding cognitive processes as externalized and conducted through our environments. Drawing on theories of the “extended mind” and distributed cognition, I offer an account of both structural racism’s persistence and individual racist actions, which is anchored in the environmental (and not characterological) manifestations of racial hierarchy. I conclude with the normative potential of business ethicists adopting the distributed cognition framework. (shrink)

Racial injustice in employment demands the attention of business organizations because it profoundly shapes our life prospects. While comparing the ideal of perfectly equal opportunity with its invariably imperfect alternatives can impede reform, the true challenge lies in addressing persistent inequities as we strive for equality. This article introduces “shared inequity” as a frame of reference for assessing workplace racial disparities and emphasizing a collective responsibility to remedy systemic issues. In critiquing an exaggerated notion of meritocracy, I emphasize that (...) structural racism, rather than just individual acts, facilitates collective advantages, especially for White males. Hence, it is morally fitting to frame racial justice in employment, not only in terms of perfect equality, but also in terms of justly sharing an imbalance that cannot be corrected without counterbalance. The “shared inequity” lens offers a more realistic and just approach to pursuing racial justice in the workplace. (shrink)

In this manuscript, I claim that the search for justice implies a complete reconfiguration of public space and a (radical) transformation of our social relations. I will argue through a negative path, i.e. starting from the comprehension of the experience of injustice. I will focus on the case of epistemic injustice since it illustrates how the unjustified harm it produces is originated in the structure of social relations. To reach my goal, I will attempt to bring into dialogue two (...) different philosophical debates —that which deals with the notion of the public space and that which discusses epistemic injustice—. This will help me show that epistemology has a fundamental and profound political dimension which needs to be addressed to find better avenues to search for and reach (epistemic and otherwise) justice. My main contention is that the possibility of constructing a functional public space depends on recognizing the confrontational character of politics and on not trying to erase the differences that make up society, nor trying to undo them under the idea of a (rational) consensus. (shrink)

Faik Kurtulmuş’s exploration of the epistemic basic structure (EBS) invites us to think about the generation, dissemination, and absorption of knowledge in a society, emphasizing the role of institutions in determining epistemic outcomes. Moreover, Kurtulmuş—in joint work with Gürol Irzık—offers a normative take on the EBS from the viewpoint of the theory of justice and does not shy away from drawing specific policy recommendations. Thus, a powerful, innovative concept is used to extend an influential theory and draw out its (...) practical implications. What more is there to wish for? A project of such ambition inevitably faces serious challenges. I address the issue of the alignment between the ideal and non-ideal elements of Kurtulmuş’s theory with an eye toward the practicalities of social reform. My central claim is that the philosophers striving to promote distributive epistemic justice need to think carefully about whom they intend to address with their proposals and how to persuade such addressees. I also maintain that emphasis on a holistic approach to social reform represents a major hindrance to its pragmatic success. (shrink)

A Reformed understanding of sickness requires that connections be drawn between the structural effects of sin and the ways that sickness is experienced in people's lives. Such an understanding can be an important resource for the bioethicist, both the bioethicist who speaks from the Reformed tradition and the bioethicist who speaks to patients and caregivers who may assume that sin and sickness are connected, but may understand that linkage in overly simplistic ways.

Popkin analyzes the role of international actors, notably the United States and the United Nations, and the contributions and limitations of international assistance in efforts to establish accountability and reform the justice system in El Salvador. The author discusses the essential role of civil society in attempts to establish accountability and an effective justice system for all, and looks at the reasons for and the consequences of the limited role played by Salvadorean civil society. She also addresses (...) the challenges facing democratic reform efforts in the context of a postwar crime wave. _Peace Without Justice_ grew out of Margaret Popkin’s extensive experience working as a human rights advocate in El Salvador during the armed conflict and interviews with a variety of Salvadorans and others involved in justice reform and in negotiating and implementing the peace accords. (shrink)

Three key contributions of Iris Young to democratic political theory, and three challenges that have arisen in response to Young's theory, are examined here in relation to education. First, Young has argued that oppression and domination, not distributive inequality, ought to guide discussions about justice. Second, eliminating oppression requires establishing a politics that welcomes difference by dismantling and reforming structures, processes, concepts and categories that sustain difference‐blind, impartial, neutral, universal politics and policies. The infatuation with merit and standardized tests, (...) both of which are central to measuring educational achievement, are chief amongst the targets in need of reform. Third, a politics of difference requires restructuring the division of labour and decision‐making so as to include disadvantaged social groups but allow them to contribute without foregoing their particularities. The challenges that have arisen in response to Young's theory are first, that difference is merely another way of getting at inequality of resources or opportunities, and if it is not, then, second, a politics of difference values difference for the sake of difference rather than for the sake of alleviating social disadvantage. Third, in theory and in practice a politics that focuses on difference putatively jeopardizes a politics whose aim is to improve the redistribution of resources. (shrink)

While the cultivation of genetically modified organisms (GMO) and the spread of genetically engineered (GE) foods has gone largely unnoticed by the majority of Americans, a growing number of vocal civil society groups are opposing the technology and with it the entire conventional system of food provision. As with other alternative food movements, non-GMO activists focus on changing individual consumption habits as the best means of altering the practices of food manufacturers and thereby what and how food is produced. In (...) this paper I argue that the increasing use of consumerist tactics reflect the neoliberalization of food activism in the United States – a process that rather than heralding sustainable agricultural and economic futures may reinforce the status quo. Using the emerging non-GMO movement, and the associated market for non-GMO products, I challenge the assumptions that consumer sovereignty and freedom of choice will bring about the small-scale, localized alternatives espoused by activists and scholars in the field. Specifically, I explore three critical limitations of contemporary alternative food politics. First, the neoliberalization of activism shifts the responsibility for social reforms from the state and manufactures to individual consumers, bringing with it important social justice implications. Second, focusing on choice opens new spaces for the profit without seriously threatening contemporary market structures or agro-ecological practices. Third, contemporary consumerist politics focus on eating right not less and thereby provide few alternatives to the current trends towards convenience and processed foods. (shrink)

In this article I examine how reforming our international tax regime could be an important vehicle for realizing key aspects of global gender justice. Ensuring all,including and especially multinationals, pay their fair share of taxes is crucial to ensuring that all countries, especially developing countries, are able to fund education, job training, infrastructural development, programs which promote gender equity, and so forth, thereby enabling all countries to help themselves better. I discuss various positive proposals for levying global taxes. I (...) review why overtly gender-neutral taxes can sometimes have unintended gendered consequences, disproportionately burdening or benefiting individuals, according to their gender. Any endorsement of global taxes must take this concern into account. Fortunately there is good fit between the rationale for the Tobin tax and the way in which it can be harnessed to promote gender equity, so of the taxes discussed here, it emerges as one of the most promising. However, as I also argue, eliminating tax havens and blocking avenues that currently facilitate tax escape must also be part of the agenda to promote gender equity, given the vast amounts of revenue that currently escape taxation. In a context of globalization, fiscal policies cannot achieve equity (including gender equity) at national levels alone. Many concerns, such as clamping down on tax evasion and harmonizing corporate tax rates, can only effectively be tackled at a global level. As I also discuss, feasible arrangements for tackling such issues are available, as are mechanisms for collecting and disbursing funds in ways that promote accountability and compliance. Failing to reform our tax arrangements means that the basic institutional structure of the global economy is unjust and also involves gender injustice. Gender consciousness is indispensable for developing an adequate account of taxation justice and therefore a global institutional structure that is gender just. (shrink)

Mutually critical conversations between theology, ethics, and law have been underdeveloped with respect to juvenile justice. I appropriate recent theological work on the rights and agency of children to critique adultcentric approaches to juvenile justice. I focus on recent trends in juvenile justice, including sentencing juveniles to life without the possibility of parole. In developing my polemic against such policies, I analyze Graham v. Florida and the UN Convention on the Rights of the Child and their (...) implications for juvenile justice. The final section constructively proposes juvenile justice reforms and advocates for the elimination of juvenile life sentences without parole. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Catholic Social Teaching and the Allocation of Scarce ResourcesJohn Langan S.J. (bio)I shall approach the issue of justice in the allocation of scarce resources from the viewpoint of Catholic social teaching, as developed over the last century. This teaching is found primarily in the social encyclicals issued by popes from Leo XIII (1878–1903) to John Paul II (1978- ), but also in the pastoral letters of the various (...) bishops’ conferences, especially in the United States and in Latin America. These documents, which enjoy a high standing in Catholic teaching but which are not taken as binding in all their particulars, form part of a tradition of moral and social theorizing that a contemporary American would regard as “communitarian.” On social questions, this tradition also has shown itself to be historicist in that it is capable of modifying itself in significant ways in response to changing political and economic situations. It normally approaches issues from a universalist perspective, though it has shifted from a preoccupation with the concerns of the industrial societies of Europe to an advocacy of much of the reform agenda of the Third World.Rooted in classical and biblical sources and modified in the course of the last [End Page 401] century to include a principled acceptance of religious freedom, of human rights, and of democratic political institutions, the Catholic social tradition proposes a number of ideas that can serve as the basis for significant criticism of currently dominant liberal modes of organizing and interpreting advanced industrial societies. These ideas do not form a countertheory to liberalism so much as they indicate ways in which a religious organization that includes both hierarchical and egalitarian elements in its structure and that has both moral commitments and practical responsibilities with regard to health care can draw on its intellectual resources to develop alternative strategies for the reform of health care.I shall survey six ideas that figure prominently in Catholic social teaching and that are relevant to the allocation of scare resources in American health care. Space constraints require that I present them in a very condensed fashion, without tracing the complex development they have undergone in the internal Catholic debate or subjecting them to much criticism.First, Catholic social teaching, especially the great encyclical of John XXIII, Pacem In Terris (PT 1963), affirms the full range of human rights recognized in such modern documents as the Universal Declaration of Human Rights (1949). In addition to the civil and political rights enumerated in the Bill of Rights added to the original U.S. Constitution (1791), the Universal Declaration includes rights “to life, to bodily integrity, and to the means which are suitable for the proper development of life; these are primarily food, clothing, shelter, rest, medical care, and finally the necessary social services” (PT 11). Catholic social teaching has not committed itself to one particular way of institutionalizing these rights, but it effectively endorses the comprehensive West European welfare states that the Christian Democratic political parties helped to construct in the period after 1945.Second, Catholic social teaching has accorded a central organizing role to the notion of the common good, the realization of which “is the whole reason for the existence of civil authorities” (PT 54). The common good, however, is not to be understood as identical with the interest or the power of the state; rather, it “embraces the sum total of those conditions of social living whereby men are enabled to achieve their own integral perfection more fully and more easily” (PT 58; quoting Mater et Magistra). John XXIII is particularly anxious to affirm that the common good cannot be construed so as to exclude some groups or to violate the rights of individuals and that it must include both physical and spiritual goods (PT 55–61). The notion of the common good has both an inherent attractiveness and a vagueness that cries out for specification and clarification. But in the contemporary situation it serves to remind us that “individual citizens and intermediate groups are obliged to make their specific contributions to the common welfare” (PT 53).Third, while an insistence on the primacy of the common good and on the [End Page 402... (shrink)

As health care costs continue to escalate, cost control measures will likely become unavoidable and painful. One approach is to engage external forces to allocate resources - for example, through managed care or outright rationing. Another approach is to engage consumers to make their own allocation decisions, through "self-rationing," wherein they are given greater awareness, control, and hence responsibility for their health care spending. Steadily gaining popularity in this context is the concept of "consumer directed health care" (CDHC), which is (...) envisioned to both control cost and enhance choice, by combining financial incentives with information to help consumers make more informed health care decisions and to appreciate the economic trade-offs of those decisions. While CDHC is gaining attention in the popular press, business publications, and academic journals, it is not without controversy about its relative merits and demerits. CDHC raises questions regarding the ethical limits of consumer responsibility for their choices. While the emphasis on consumer choice implies that autonomy is the ruling ethical principle in CDHC, it must be tempered by justice and beneficence. Justice must temper autonomy to protect disadvantaged populations from further widening disparities in health care access and outcomes that could arise from health care reform efforts. Beneficence must temper autonomy to protect consumers from unintended consequences of uninformed decisions. Thoughtful paternalism suggests that CDHC plans offer choices that are comprehensible to lay consumers, limited in their range of options, and carefully structured with default rules that minimize potential error costs. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 123.4 (2002) 633-637 [Access article in PDF] Susan E. Alcock, John F. Cherry, and Jas; Elsner, eds. Pausanias: Travel and Memory in Roman Greece. Oxford: Oxford University Press, 2001. xii + 379 pp. Cloth, $65. As he moves from monument to monument and polis to polis, Pausanias gives the impression that the sun is always shining and the weather fresh and sweet. Beyond the next (...) turn in the road, there might be a grove or spring and maybe a precinct of Demeter, a statue of Artemis, or a little temple of Aphrodite. If they were "worth seeing," we can rely on Pausanias to let us know. Delivering a mixed narrative that weaves together history, myth, and his own style of ekphrasis, his even-toned voiceover makes him a comfortable traveling companion. Or does it? We know that the oaks on Mt. Parnon make the forest dark (they are still there today), but for Pausanias, the land is called Skotitas, "Dark," not for the shadows of the oaks, but for Zeus Skotitas who had his sanctuary nearby. As Ada Cohen points out in her essay, Pausanias does not describe the landscape itself but only the places where it intersects with divinity. As the collaborators here make clear, similar principles of selection operate on other levels. Pausanias may enable us to visualize a lost world, but the view is sanitized. Writing at the peak of Roman wealth, power, and privilege, he gives us old Greece with hardly a trace of Rome. He presents cities without houses, landscapes without agriculture, sanctuaries without worshippers, and the past without the present. Like the cardboard and cellophane 3-D glasses worn by cinema audiences in the 1950s, his text brings into temporary and unstable focus a very specialized scene, but the view is that of a virtual museum, a theme park created for our viewing enjoyment.How did he do it and what are the consequences? I admit that when it comes to Pausanias, I am one of those "seekers after lost religions" whom Elsner classifies with archaeologists surveying the text of Pausanias for possible excavation sites. We will all be a little more careful after reading this book. Yet, where else [End Page 633] could we find the information Pausanias gives? Habicht rehabilitated Pausanias in the 1980s by demonstrating how well his text stands up when compared with the surviving external record. Pausanias did not have a spreadsheet to keep straight the sixty-nine altars at Olympia, but he must at least have taken notes.The arrangement of the articles presented here replicates a familiar academic setting. Structured like a weekend conference, the book divides into three sessions ("The Traveler and the Text," "Studies and Comparisons," and "Nachleben"), with four papers and two comments in each session. Very generally, the topics are: landscape as language (J. Elsner); mental baggage and method (E. Bowie); informants and information (C. P. Jones); pilgrimage and the inspiration of vision (I. Rutherford); selection and cultural choice (M. Torelli); memory and memorization (D. Konstan); identity, monumentality and the recall of mo(nu)ments sublime (J. Porter); representation of space and movement (A. Cohen); archaic text and image on the chest of Kypselos (A. M. Snodgrass); filling the empty map of Messenia (S. E. Alcock); Greek narratives in Roman images (B. Bergmann); other Spartas (P. Cartledge); shaping the genre of travel writing (S. B. Sutton); Leake's Pausanias and Greek topography (J. M. Wagstaff); rearranging Pausanias or Farnell on Greek ritual (J. Henderson); Harrison and Verrall present Pausanias for the hoipolloi (M. Beard); Sparta and the French Enlightenment (S. Bann); and remembering and reforming the past (J. Cherry).There isn't space enough here to do justice to every argument, but I will take a sentence to praise the editors for inspiring the synergy of so many specialties. Archaeologists talk about texts; literary scholars talk about places and objects; and art historians discuss the relation between the two. The section entitled Nachleben surveys the nineteenth-century efflorescence of Pausanias and from four very different vantage points evaluates his influence on... (shrink)

The Twelve Member States agreed in December 1991 in Maastricht on an EconomicMonetary Union, including a single currency and an autonomous European central bank by the turn of the century, and on "an ever closer union among the peoples of Europe". The structure of the European Political Union resembles a temple with three pillars : more powers for the European Parliament on a wider ranger of policy issues, a separate framework for a common foreign and security policy, and intergovernmental cooperation (...) on justice and internal aff airs. The new Treaty wilt replace the Treaty of Rome only after ratification in all twelve member states. White EMU and EPU dominated the public agenda, the internal market programme was drawing to a close with nearly all White paper measures adopted. Emphasis shifted to implementation problems. The prolonged conflict between Commission, Parliament and Council on the 1992 budget gave a taste of increasing tensions on budgetary issues, especially between "northern" and "southern" interests. That divide wilt deepen with or without ratification of the Maastricht Treaty. The budgetary battle of 1991 was partly on external relations. The external activities of the EC were all but successful in 1991: disparate conduct in the Gulf War, failure to contain conflict in Yugoslavia, near-collapse of negotiations with the EFTA countries, deadlock in Gatt-talks and the threat of a trade war between the three trade blocks. Ibe European Common Agricultural Policy remained a major stumblingblock in the Gatt-talks. The Commission proposed a radical reform package for CAP, fiercely opposed by France until the end of the year. (shrink)

An incisive and sympathetic examination of the case for ending the practice of imprisonment Despite its omnipresence and long history, imprisonment is a deeply troubling practice. In the United States and elsewhere, prison conditions are inhumane, prisoners are treated without dignity, and sentences are extremely harsh. Mass incarceration and its devastating impact on black communities have been widely condemned as neoslavery or “the new Jim Crow.” Can the practice of imprisonment be reformed, or does justice require it to (...) be ended altogether? In The Idea of Prison Abolition, Tommie Shelby examines the abolitionist case against prisons and its formidable challenge to would-be prison reformers. Philosophers have long theorized punishment and its justifications, but they haven’t paid enough attention to incarceration or its related problems in societies structured by racial and economic injustice. Taking up this urgent topic, Shelby argues that prisons, once reformed and under the right circumstances, can be legitimate and effective tools of crime control. Yet he draws on insights from black radicals and leading prison abolitionists, especially Angela Davis, to argue that we should dramatically decrease imprisonment and think beyond bars when responding to the problem of crime. While a world without prisons might be utopian, The Idea of Prison Abolition makes the case that we can make meaningful progress toward this ideal by abolishing the structural injustices that too often lead to crime and its harmful consequences. (shrink)

This is a timely critique of contemporary Marxist theory, its implications for social structure, and its practical dilemmas. Three themes appear throughout: the mythologizing of Marx, the rationale of Revolution, and the significance of history for social philosophy. Contrary to the approach of many commentators, Hook emphasizes the tremendous differences between the "early" and "late" Marx. He insists that "to judge Marx’s meaning by his own intent, we must go to the published works for which Marx took public responsibility." In (...) the course of the discussion, the author criticizes contemporary Marxist theory. It has itself become an "ideology," a mythology with an uncritical belief in the seemingly universal solution to human ills offered by the socialization of the means of production through revolution. Hook emphasizes that the tone of later Marxist writings, particularly Capital, had gradually shifted away from any belief in the inevitability of violent revolution. From this perspective the author traces the ambiguities of Marx’s writings that afforded the opportunity for Leninist-Stalinist revisionism on this and other issues. Hook is suspicious of the facile and selective exegesis of Marx’s writings used to support the political bias of many commentators. Revolution itself has become a symbol, which, in the author’s view, is often taken up uncritically to support a myth of society. In this context Hook has an enlightening discussion of the putative "right" to revolution. It is essentially an extralegal power, legitimate only where the context of the historical events makes intralegal change absolutely impossible. The author is therefore disturbed by the "cult of revolution" which uses a mythologized Marx to support a program of deliberate, episodic violence as a strategy of social change. The significance of historical experience is evident throughout these later chapters, particularly where Hook undertakes a reevaluation of the Bolshevik Revolution. The historical and philosophical misconceptions underlying ideologies of violence are the most frequent subjects of his criticism. These ideologies have sought to draw moral support from legitimizing examples of history, as well as from the mythologized Marx. Hook goes to great lengths to deny them any such support. Hook concludes with an examination of the emerging scheme of human rights, insisting that they must be understood in their historical context, and that democratic principles are the key to their full realization. (shrink)

ABSTRACT Stephen Gardiner’s A Perfect Moral Storm offers an in-depth analysis of the ethical facets of climate change. In this paper, I contend that he nonetheless overlooks an important structural layer to climate vulnerabilities and injustices because he analyzes them implicitly interactional. I argue that climate change should rather be understood as a form of structural injustice as outlined by Iris M. Young. In this reading, the unjust socio-economic structural processes that give rise to climate change, the (...) production and consumption of fossil fuel energy, are at their core marked by (i) oppressive and dominating power relations that position agents (ii) intersecting with other structural constraints. Crucially, (iii) these structural processes arose historically, persist over time, and entrench the burden on those suffering in the future. This viewpoint improves our understanding of how the climate crisis unfolds over time in a way that augments Gardiner’s analysis. The structural approach can advance the climate justice debate both theoretically and practically. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name (...) for threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

The structural reforms of the education system in France (1959, 1963, and 1975) were part both of a global process of democratisation of education launched after the Second World War and of a larger modernisation project in which knowledge producers (experts, scholars and consultants) played a crucial role. Instead of a national approach or a world system approach to education reforms I propose a neo-Weberian glocal perspective that focuses on knowledge producers as a status group, education discourse structuration and (...) education global networks; this perspective integrates national contexts and their peculiarities in the analysis without losing sight of the global forces. Global education networks centered in international organisations-such as UNESCO and the OECD-in which French knowledge-producers were largely involved, adopted a discourse inspired by the American school model that was adopted by scholars in different countries. The reformist network, in which scholars, experts and policy makers participated, enhanced reformist discourse structuration in the knowledge-production institutions (universities and national institutes) around social problems such as 'technological and scientific lag', 'inequality of opportunity', and 'disenchantment from the education system, thus, fostering transformations of the French education system. (shrink)

Mary Hobgood employs "structural analysis" to describe the basic causes of poverty in the United States today and to critique the current debate over welfare reform. Rhetorically, the essay is monological, asserting a point of view without attending to its critics. It would be greatly strengthened by a dialogue with perspectives in both social science and Christian ethics. Giving ear to the former, Hobgood might have avoided a number of controversial causal attributions. Engaging the latter, Hobgood might (...) have provided a stronger argument for her "expanded" principle of distributive justice, which is both more egalitarian and less rooted in human needs than are other Christian ethical analyses of the moral claims of the poor. (shrink)

This paper proposes a novel view in the historical injustice debate: Radical Reparations. Following a recent defense of reparations, Radical Reparations appeals to the Beneficiary Pays Principle to justify the assignment and distribution of reparative obligations for historical injustice among present-day agents. However, drawing on some considerations from the structural injustice literature, it argues that the relevant kind of benefits that demand redress are what I call structural benefits: the benefits of occupying powerful and privileged positions within contemporary (...) social structures, structures that are the legacies of major historical injustices like slavery and colonialism. Radical Reparations thus assigns present-day structural beneficiaries reparative obligations to support and enact various structural reforms to the social structures that produce unjust outcomes for historically marginalized groups today. This view avoids some of the problems with existing approaches to historical injustice in the philosophical literature and is better aligned with the reparations programs of recent social movements for racial and global justice. (shrink)

A common view of politics is that it is reducible to applied ethics. If politics, in a classic phrase, is about “who gets what, when, and how,” then the task of normative political theory would simply be to tell us who is morally entitled to get whatever the “what” is in that statement.This view, however, can easily reduce politics to a dizzying vortex of actions to assess from an ethical perspective. And while the task of moral philosophy may be precisely (...) to articulate principles by which to pass such judgment, the focus of political theory lies elsewhere.To study and assess politics means attending to the institutional frameworks and structural conditions that enable or constrain human action to begin with. The question for normative political theory, in other words, is whether the organizational structure of a given society—embodied in its decision-making procedures, its distribution of power, and its defining patterns of production, reproduction, and distribution—is defensible or not.This question of justice in the institutional makeup of society has not been entirely ignored in animal rights literature. Animal advocates have always been clear about the massive societal ramifications of dismantling the speciesist order. Likewise, rights theorists and activists have often proposed concrete legal measures for improving the protection of animals, be it by piecemeal welfare reform in animal agriculture, by the abolition of specific practices in biomedical research, or by seeking the equivalent of human rights for select species like great apes or dolphins. The field has also seen fierce debate among animal advocates about the appropriate strategies for engaging with the state and the legal system.Nonetheless, most discussions have been about what it means to treat individual animals with respect, and not about what is required of a political order aspiring to just treatment of all species. In fact, it is only in the last decade that the issue of political justice has taken up a place at the center of animal ethics.Though the field is still developing, we may take it as a sign of maturity that it can now sport its first “short introduction” book: Alasdair Cochrane's Should Animals Have Political Rights? (2020). Its appearing as part of the Polity Press series Political Theory Today further attests to the book's timeliness.The starting point of Cochrane's book—and of political animal studies in general—is that political relations between humans and other animals are not optional but inevitable. Other animals live among us, and the way we organize our societies has a massive impact on the lives of other sentient animals both inside and outside the borders of our human communities. Assuming that these creatures possess intrinsic value as experiencing individuals with morally relevant interests, the question seems inescapable: What kind of polity can accommodate for the multispecies character of our communities and embody justice for all sentients? Cochrane's answer is largely the same as the one he offered in his previous book, Sentientist Politics: A Theory of Global Inter-Species Justice (Oxford University Press, 2018), where he laid out his full vision of a postnational and species-neutral “cosmozoopolis.”The present book is much more concentrated and written as an accessible introduction for readers new to the field. Over seven short chapters, Cochrane reconstructs his argument for an interspecies democracy by assessing a series of arguments and propositions drawn from previous literature on the topic.The first notion to be scrutinized is the popular idea that animal welfare legislation is enough to secure respect for animals. Here, Cochrane acknowledges that welfarism goes some way toward safeguarding animal interests, but he also stresses that its historical record has been disheartening. Welfarism protects animals only insofar as their protection coincides with human interests, and this is far from enough to ensure respect for the animals’ intrinsic value.The second line of argument tries to push beyond welfarism by claiming constitutional protection for animals. By this move, reformers hope to place animal interests on an equal footing with human interests and prevent the overriding of the former in the name of human entitlements (to property, artistic expression, freedom of science, and so forth). Looking at real-world cases, however, Cochrane finds that these constitutional provisions tend to be sidelined when they come into conflict with the interests of big agribusiness.Noting that more than constitutional protection is needed, Cochrane turns to a third set of arguments about legal personhood for animals. Winning personhood for animals would certainly constitute a radical step toward equalizing the interests of different species. Nonetheless, Cochrane argues that personhood alone would be insufficient. Intrinsic value, to him, cannot be fully respected unless animals win the political right to have their interests factor into society's articulation of the public good. As sentient beings, we can all make a claim on the political communities we are part of to not only recognize us as members but furnish us with the means to live well.The fourth and final step for Cochrane is to argue that democratic representation for animals is necessary for realizing these political membership rights. Without representation, he contends, political rights risk being watered down, leaving animals with much less than they are entitled to as sentient beings. Cochrane critically discusses several different models for how this representation could be organized. While he is partial to a system where specially trained human representatives are tasked with voicing the animals’ interests in the legislative process, he leaves many of the practicalities open for future experimentation.Readers familiar with the field of political animal studies will find little new in Should Animals Have Political Rights? For students new to the field, however, Cochrane's book does an excellent job introducing the main issues in a very accessible format. Students of “regular” political science will also benefit from the book's fresh challenge to the discipline's understanding of “the political” as well as its important insights into the relationship between individual and political rights. (shrink)

Peace, justice, and freedom are hard to define, but closely related. Peace has many meanings; an important one is “inclusive peace,” defined by dividing total human activity into war and “not war.” Justice is an elusive concept related to the legitimacy of property and the structure of equality. Freedom “to,”“from,” and “of” have different meanings, all related to the boundaries and legitimacy of property. The market has the virtue of economizing agreement and consensus. The existence of public goods (...) necessitates government. Peace, justice, and freedom are unlikely to be achieved without competence, which fortunately can be learned. (shrink)

Sociologists generally agree that history affects or conditions moral belief, but the relationship is still only vaguely understood. Using a case study of the appearance of social justice beliefs in Victorian-era Britain, this article develops an explanation of the link between history and morality by applying field theory to capture the historical genesis of a field. A moral way of evaluating poverty and inequality developed slowly over the course of the nineteenth century in Britain, with a trajectory extending back (...) to Malthus’s Essay on the Principle of Population and moving forward to the Fabians, the Settlement Movement, and other social reformers at the end of the nineteenth century. Drawing from field theory, I argue that social justice beliefs emerged during this time through the genesis of moral universalism as a distinct mode of experience. Several recognizable moral beliefs appeared in the process, including “equality of opportunity,” “equality of reward,” “character,” and “effort,” “ability,” and “duty” as forms of merit (among others). I argue for treating moral beliefs as historical and relational entities that are situated and dated by the conditions marking their appearance in a field. As I conclude, this lends the sociology of morality to a critical moral reflexivity instead of moral relativism or moral realism. (shrink)

Following the design of the author, reforms of the UN would consist of four rules. The first rule: Payments from the global community should correspond with the services provided by the UN. - For this purpose it is necessary to develop a system of compensation in which payment would be made only for the completion of a concrete service. Such a system would in effect serve as a continuous audit and guarantor of quality service at all times visible to the (...) entire public. The second rule: Servantura not dictatorship - The author has created a word "servantura" and has given it the following meaning: the performance of administrative service, guided by (1) ethical conduct, (2) democratic norms, (3) the newest scientific knowledge, (5) safe technology, (6) justice, (7) equality of people and (8) the priority of human life. On an idea of the author, servantura is a global managerial philosophy with a system of global service in which each decision should be in accordance with the wishes and the will of the entire global community, not of a separate group of nations, or a single nation, or person. The third rule: Noncommercial services. Commercialization of the UN should be considered a crime. Further commercial use of the UN should be stopped, as it will lead to aglobal catastrophe. The fourth rule: Without enemies or competitors, Full transparency and a strict prohibition of secrecy and privacy in the UN must be established. i.e. openness, publicity and a strict international prohibition on any secret structures or secret activities within the UN. (shrink)

continent. 2.3 (2012): 218–223 Vijay Prashad. Arab Spring, Libyan Winter . Oakland: AK Press. 2012. 271pp, pbk. $14.95 ISBN-13: 978-1849351126. Nearly a decade ago, I sat in a class entitled, quite simply, “Corporations,” taught by Vijay Prashad at Trinity College. Over the course of the semester, I was amazed at the extent of Prashad’s knowledge, and the complexity and erudition of his style. He has since authored a number of classic books that have gained recognition throughout the world. The Darker (...) Nations , a peoples’ history of the Third World, sent defibrillating shockwaves through an academic world that had almost forgotten the epic scope and historic dignity of the non-aligned movement and post-colonial struggles. In his recent, award-winning work, Arab Spring, Libyan Winter , Prashad delves into his capacious knowledge of the Third World to excavate the discourses and narratives surrounding the upheavals of 2011. “Revolutions have no specific timetable,” states Prashad in the opening line of this exciting and provocative look at contemporary events. Instantly, an atmosphere of suspense emerges. The reader is alerted to the problem of history. Does the making of history then involve a suspension of historical time, or is it a continuous narrative structure into which events must eventually be integrated? Arab Spring, Libyan Winter shows that the answer to the question, “How is history made?” lies just as easily in the asking. The first half of the book works through the events that transpired to bring about the explosive popular uprisings of Arab Spring: Tunisia and Egypt, Yemen and Bahrain. But the events are not put together in a cohesive, chronological fashion. Using an uncommonly gripping style more akin to the folk-story motif of the djeli than to traditionally Orientalist academia, Prashad suspends a given situation, points out its components, and traces back the characters and genealogies that define each link before resuming a narrative. Every moment is an end to itself, and an origin of something different. Thus, the making of history becomes the suspension of its own progress, it’s catastrophic 'stability,' in a process of differentiation through inclusion. Empirically, one might suggest that history is a condition of time, and by extension, of the subject, but history is also an eminent producer of the Subject and her concept of time through memory and narrative. Hence, history is often overdetermined by a dominant narrative of the sovereign. The apparently chaotic composition of Prashad’s historicity is, then, an interstitial morphology of resistance. It illustrates that the time to act for the revolutionary lies in the gaps within the dominant historical realities. It points out the sorties of signifiers constituting nothing in the obliterated ruins of history. Through such illuminations, Arab Spring, Libyan Winter breaks through “the surface of history” to elaborate revolution’s snapping synapses, exploding interruptions and breaches, connecting flows. Messianic Politics It is tempting to think, 'History is either singular, or it is diffuse. It is either one coherent factual narrative, or it is comprised of the aletheia of the multitude.' Yet the reader finds Prashad examining the structure of history on multiple levels. For Prashad, world history is shaped by geographically defined political movements, such as communism or national liberation, with historical agents like the working class for the former and the nationalist militant for the latter. Religion, however, is another matter: “Religion has an unshakable eschatology which a post-utopian secular politics lacks.” Within the telos of religion, there appears on the horizon the image of Benjamin’s thoughts on messianic time—time as “a small fissure in the continuous catastrophe,” a break with history, may contain an ultimate redemption of the human beyond the political power struggle. Succoring the split between geo-political and utopian-religious (messianic) time in the context of Arab Spring, Prashad indicates that the base of “the deep desire and commitment to some form of democracy” is forged by the affinity between eschatological Islamist politics with the People. To think about the Subject of messianic time in the context of the lack of a “coherent timetable” for emancipatory politics, it is perhaps best to return to the modern tradition of Martin Luther King, Jr., whose prefigurative blending of liberation theology and emancipatory politics became most important during his works of 1963, the climactic year of “The Letter from a Birmingham Jail,” the March on Washington, and the bombing of the 16th Street Baptist Church. In “The Letter,” King states the point bluntly: Frankly, I have yet to engage in a direct-action campaign that was “well timed” in view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word “wait!” It rings in the ear of every Negro with piercing familiarity. This “Wait” has almost always meant ‘Never.” We must come to see, with one of our distinguished jurists, that “justice too long delayed is justice denied.” The timing of rebellious action must not be a part of history. It must change history. The kairos appears spontaneous and untimely in its convulsive, shocking presence, yet it is, deeper still, a path, a longue durée , forged through diligent and rigorous praxis. King put a finer point on the path of historic liberation in his declaration in his 1963 speech at Western Michigan University: “[T]ime is neutral.... Somewhere along the way we must see that time will never solve the problem alone but that we must help time. Somewhere we must see that human progress never rolls in on the wheels on inevitability. It comes through the tireless efforts and the persistent work of dedicated individuals who are willing to be co-workers with God. Without this hard work, time itself becomes an ally of the insurgent and primitive forces of irrational emotionalism and social stagnation. We must always help time and realize that the time is always right to do right.” Time, then, exists in “the neutral,” while action must turn to the kairos , not only of taking time, but taking the right time. By turning our relation to time into kairos , we move time from its context within history to a duration between histories—the longue dure?e of Messianic time. The implementation of neutrality in this context suggests a broad space of time to extend through the valley of positive and negative. In Roland Barthes’s lectures from 1978, the neutral takes place in this minimal distance of non-conflict that exists outside of two extremes. It is, in the words of Maurice Blanchot, “the non-general, the non-generic, as well as the non-specific.” For Blanchot, the neutrality of time permeates life as death, impassive and beyond control; such is the neutrality of messianic time, which permeates the charge of history, changing the "I" into the "one." The neutrality of time therefore implicates history in a case against extremism, showing that the work of the radical is not to tend to any particular side, but to have the time to navigate through the terrible terrain of history by altering its course, its patterns and rhythms of movement, connection, sociality. Hence, one does not simply “make history,” one alters the course of history in accordance to “the right time.” The historical path toward emerging power is transmitted as a gesture to the outside of history, against history; a gesture as simple as reaching out. Thus a counterhistory, to use Foucault’s term, is brought forward as the guide of time past a point of no return, a Rubicon, the point where the normal path of history falls to the past. The subject, who must be the only true agent of history, facilitates time through helpfulness, and both the Subject and her history become decentered in relation to one another. Yet history negates the neutrality of time. As Barthes discloses, although the neutral is the “thought and practice of the nonconflictual, it is nevertheless bound to assertion, to conflict, in order to make itself heard.” Engaged with history, time is charged with a destiny, and becomes an opposition. As Prashad insists, “For Arab lands, the events of early 2011 were not the inauguration of a new history, but the continuation of an unfinished struggle that is a hundred years old.” The emergence of the Subject during Arab Spring did not conceive of a new history, but changed the path of history toward a different destiny. “Historical grievances combined with inflationary pressures now met with the subjective sense that victory might be at hand—this was not simply a protest to scream into the wind, but a protest to actually remove autocrats from their positions of authority. The facts of resistance had given way to the expectation of revolutionary change.” The negativity of this charge toward “revolutionary destiny” rendered control, as a positive force, seriously lacking. The lack of control lies in the problem that the Subject is not totally detemporalized or timeless, but untimely in her presence. The Subject is untimely, because her work is visionary, and it is only through such visionary work that the Rubicon can be crossed. Still, the crossing of this border is haunted by anxiety over an impending disaster that lays in wait. It is only through the form of what Benjamin calls divine violence, captivated not with the justice of the means, but the ends—the transformation of history—that a revelation of history’s traumatic foundations can be liberated, and patterns and rhythms of time developed throughout obscured traditions awakened. In this situation, the Subject appears to be outside of right, but setting the state to rights. Because her position is correct, in-so-far as the rebelling subject rebels due to a lack of recognition, her representation appears outside of the norm, which is mistaken as right. Therefore, such visionary work must be carried out through obscured traditions, underground, away from the surveillance of empire. Explaining his method from the start along the lines of Marx’s metaphor of the mole, Prashad insists, “It is the burrowing that is essential, not simply the emergence onto the surface of history.” Arab Spring, Libyan Winter is a book on uncharted networks of time, spread out over the 252 pages like an elaborate spider’s web of passages intertwining with and overwhelming the machinery of the state. Although untimely, Arab Spring was not a flash in the pan, or a Facebook or Twitter revolution. Prashad notes that the government’s suspension of these tools led to further radicalism by furthering communications through face-to-face encounters. In existential terms, Arab Spring might be thought of as a revolution of Being over techne , an uprising of the unchartable, infinite potential of the Other. The name of this Other is found in Chance. The faith of the revolution lies in the proper decentering of the subject, its giving to the Other of time, for only with respect to time does history actually appear on the horizon of the subject, rather than as an imposition. This time of historical agency appears as a moment when anything can happen—a revolutionary truth event where everything comes into question while being realized in its Otherness as a community of the people begins anew in the streets amidst discourse, friendship, reconfigurations of hegemony, and a becoming of a constituent power. Throwing a wrench into the gears of the “cobwebbed tradition” of Orientalism, the decentering of history in Arab Spring, Libyan Winter is a defining quality of its impassioned revolutionary cry. But perhaps the most paradigmatic points of the book emerge from the unexpected voices. To make the connection between the particular manifestations of revolutionary demands to the general historic terms of revolution, Prashad quotes an anonymous young Egyptian in Tahrir Square, who reminds us, “[T]he French Revolution took a very long time so the people could eventually get their rights.” Far from timelessness, the historicization of Arab Spring must exist precisely within the most uncanny appearance of time, as something that does not appear to come from the natural state of time as we know it, but in arriving has completely transformed the way that we understand time. Strange Monsters Revolution is never as simple as a revolt from below against a rusting structure of elites trying to remain in power. As with the French Revolution, Arab Spring consisted of complex familial ties, outside interests, and religious factions fighting alongside, often in awkward juxtaposition to, liberals, working class parties, farmers, and students. It is perhaps because of this historically difficult and incongruous composition that the Arabic word for revolution is thawra , referring to the image of the bull, or thawr , which has religious significance as a pagan deity for the Ancient Semitic tribes and Cartheginians. If Daniel Guérin was correct in saying, “Anarchism and Marxism drink from the same spring,” then it is quite a different oasis that drove the thirsty beast of revolution through what Prashad calls, “the Libyan labyrinth.” Recalling Bataille’s Acéphale, the intestinal labyrinth gains significance as the mode of metabolism and rumination in which, “(the Acephale) has lost himself, loses me with him, and in which I discover myself as him, in other words, as a monster.” Unraveling the discourse of the revolution, the flows of power and hegemony—from Qaddafi’s nationalist coup in 1969 to the wars with Chad from 1978 to 1987, the neoliberal reforms of the 1990s to, finally, the War on Terror—we find that the metabolic process of Libyan Winter ends in the production of oil. In a process of what Prashad calls “involution,” Qaddafi’s bellicose policies, along with his attempts to nationalize Islam together with oil, mutated the source of his power, turning his house against itself. Already a divided nation, with its two major cities on opposite geographic sides of the country, Libya became split between two opposed political powers—liberal reformists and staunch nationalists—as Qaddafi’s political disengagement manifested through what can only be described in psychoanalytic terms as a recursive passage a l’act (mysteriously calling Wikipedia “Kleenex,” declaring that opponents drank hallucinogens with their instant coffee, and so on). Prashad declares, “The mercurial style that Qaddafi adopted was not about his personality alone, but also a leader’s natural response to a system that relied upon power brokers whose own loyalty… did not have any ideological commitment to the system.” As in the case of other nations during Arab Spring, the true expression of revolt was an outward exposition of what had inwardly been happening in microcosmic societies throughout the realm—from indigenous tribes to political parties, for a century, the people, partly motivated by (and in resistance to) economic impositions of development, had been changing the traditional social compositions and participating in what Ruth Wilson Gilmore calls, “the relative autonomy of the movement from the leaders.” It was this empowerment of political reconfigurations taking place under the context of new democratic assemblages that shocked the elites and evoked such a powerful response. Unlike Qaddafi’s awkward policy choices and rants, real acts of power from the West were clear and decisive. Prashad sets the stages of war and diplomacy, far removed from the deserts, mountains, and cities that forged the backdrop of popular politics. Taking place under the now-classic architecture of the “four pillars” of US interests—oil, the War on Terror, Israel, and the circumvention of Iranian hegemony—we find elites rubbing elbows in “Heliopolist cocktail parties and hushed conferences in Kasr al-Ittihadiya” as well as the Concorde-Lafayette hotel in Paris, which provides the setting for a meeting of anti-Qaddafi figures consolidating their power. These scenes are buttressed with the careful portraiture of key historical actors. As Prashad brings the stage of history to life, we find the diplomats and liberals like Frank Wisner, whose career has brought him from Enron in the late 1990s to the Obama Administration, under the aegis of which he was meeting with Mubarak about military support during Arab Spring. We spy the provocateurs, for instance, gauche cavalier , Bernard Henri-Levy, who telephones Sarkozy from Benghazi about the need for more NATO air strikes. We follow the rebel military establishment as it suffers mysterious deaths and even more mysterious assents (like that of apparent CIA cohort, Khalifa Hifter). In each of these intriguing characters, we find different representations of the security state biopolitique: an oil-injected reification that drives Arab Spring from the resentment of rising food prices to the brink of implosion in Libyan Winter. Reminiscent of the scenes of Cold War soirées represented in old Bond films, the aristocratic fight for oil against democracy that was Libyan Winter presents a harsh truth that the new global crisis is simply the continuation of the old history: the global exploitation of capitalism waged against the imagination of the people. As Benjamin laments, “The labyrinth is the right path for the person who always arrives early enough at his destination. This destination is the marketplace.” Yet, “(t)he labyrinth is the habitat of… a humanity (a class) which does not want to know where its destiny is taking it.” Thus, the labyrinth leads, like the desert, only further into itself. As Blanchot explains, “The desert is even less certain than the world; it is never anything but the approach to the desert.” Only the visionary can take time out of the involution toward oblivion. It is here, in this approach to and escape from history, that we find ourselves within Benjamin’s Golgotha, Blanchot’s desert: A space of indeterminate uncertainty where we become familiar only with our own exile. Blanchot writes, “For the moderated and moderate man, the room, the desert, and the world are strictly determined places. For the man of the desert and the labyrinth, devoted to the error of a journey necessarily a little longer than his life, the same space will be truly infinite, even if he knows that it is not, all the more so since he knows it.” The desert, as allegory, provides an eschatology, a mortality in the destiny of Arab Spring. But any allegory of nature might lead to a labyrinthine eschatology (for example, in Bachelard, the forest presents "a limitless world"); the prescience of the untimely is always an uncanny acceptance of the infinite within the finite—the outside of what is understood. Transgenerational and occupied with the image of the future, the untimely makes otherness its home as it proceeds toward liberation. In the work of helping time navigate this dangerous passage of history, Prashad illustrates that the more violent break with history may have occurred in the peaceable struggles of Tahrir Square, and not in the military clashes of Qaddafi with his former Generals who defected to the CIA and NATO countries. It might be possible to suggest, then, that in the case of Tunisia and Egypt, the historical subject of the people was drawn together in a Dionysian dance of different rhythms in the marvelous realm of the ancients, while we fear that the case of Libya suggests an Apollonian future where time, itself, may lay dying under the machinic hand of history. The properly Nietzschean inversion would follow: time is dead, for history has killed it. Yet, if time is dead, struck down in Golgotha, exposed in the desert, mauled by the thawra , it is only in the present sense that it is rendered impossible outside of the context into which the untimely has thrown us. Thus, if history becomes an art of revolution, life as being-towards-death (death as the provocation of the neutrality of time) becomes what Benjamin calls “the allegory of resurrection” through the glorious ruins of history. Prashad ends his work with a rousing finale: “The time of the impossible has presented itself. In Egypt, where the appetite for the possibilities of the future are greatest, the people continue to assert themselves into Tahrir Square and other places, pushing to reinvigorate a Revolution that must not die… For them the slogan is simple: Down with the Present. Long live the Future. May it be so.&rdquo. (shrink)

Iris Marion Young has written a compelling account of individuals’ normative responsibilities for structural justice. While I agree with much of Young’s account, in this article I argue that there is an underexplored aspect of Young’s account regarding the link between individuals’ shared responsibility for justice and the normative demand that individuals engage in collective action towards just structural reform. I argue that Young has neglected an important aspect of individual responsibility for justice that (...) links the aforementioned responsibilities together—namely, the responsibility to organize. Recognizing this responsibility is crucial for understanding the real work of structural justice efforts in the nonideal world. (shrink)

Cosmopolitan critics attack the scope-limitation of justice of egalitarian liberal theorists to states. They treat justice as the production of a given set of outcomes for people regardless of location or relationship. However, in doing so they either ignore the relevant agent towards whom principles of justice are addressed or see the question of agency as a practical, derivative question, of a secondary character. This paper argues that a principle of justice without a clearly justified (...) agent is not a genuine principle at all. This is what writers like Rawls mean by the "subject" of justice (analogous to the grammatical subject of a sentence, i.e.,the agent). We should reflect on agents and why they would or would not justifiably carry certain burdens for others and what kind of benefits or goods they are able to secure. The answers to those questions explain why the idea of cosmopolitan global justice is incomplete, either requiring a global basic structural agency or not applying because no relevant agent is present that can create cooperative arrangements between individual persons across the globe. Other moral principles will still apply globally, but they will be distinct from those that apply to basic-structural agencies. This account is not a practice dependence account, as it bases the distinctness of moral and political principles on purely moral and value-based considerations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ROLE OF AN ULTIMATE AUTHORITY IN RESTORATIVE JUSTICE: A GIRARDIAN ANALYSIS Sara Osborne I. Restorative or Retributive Justice South African Episcopal Archbishop Desmond Mpilo Tutu's account of the gritty practicality of reconciliation versus retribution in his book, No Future Without Forgiveness, focuses long overdue attention on Restorative Justice, a law reform movement probably better known in international than in American legal circles. A (...) persuasive assertion of Restorative Justice advocates in their critique of increasingly retributive practices such as mandatory minimum sentencing, mandatory arrest, death penalty, juvenile incarceration, "three strikes" legislation, no parole, diminished prisoner services, to name a few, is that reintegrating offenders back into a community is a much more effective deterrence to anti-social violence than punishment alone. They have also observed that communitarian ideals and practices, more visible in traditional cultures1 are more conducive to Restorative goals ofreconciliation and reintegration than are practices of retributive justice rooted in ideals of individual rights. Therefore, such adjudicatory practices should serve as models for preferable alternatives. 1An examination ofrestorative justice under code-based systems of law (European, Roman Law) might also reveal more affinities since the focus ofthese systems is to define the permissible, rather than the impermissible. Code-based law begins with the commons; rightsbased law begins with the individual. 80Sara Osborne However, Western-style retributive justice remains the primary model for international law and Restorative Justice is the prophetic "outsider" voice. So, it is appropriate to ask to what extent and under what conditions are Western retributive justice systems able to incorporate or accommodate adjudicatory practices ofnon-Western or traditional cultures? How critical a factor is religion? These questions will appear wherever Western Law struggles to bring more cultural diversity under a unifying umbrella and they deserve close scrutiny. René Girard's insights into the relationship between law, religion, culture and violence are helpful in identifying practical implications ofthe restorative vision and systemic weaknesses ofretribution, and perhaps illuminating a third way. The metaphor of an organ transplant may be useful: without a genetic match between host and donor both risk destruction. It is the thesis of this paper that that genetic material is a very inclusive conceptualization of "religion" which I have named "Ultimate Authority," drawing on Girard's mimetic theory for the theoretical analysis. In other words, "religion" is indeed, always and everywhere, a critical factor in culture-specific institutions ofjustice. A Girardian understanding ofthe relationship between Ultimate Authority and criminaljustice systems indicates that while there are valuable lessons to be learned from trans-cultural dialogue, wholesale transplants may not be possible, or even advisable because conditions essential for comparable success do not exist in Western legal culture. This paper first presents some background about Restorative Justice, followed by an outline ofRené Girard's mimetic theory to define "Ultimate Authority." The second half of the paper describes alternative adjudicatory processes which have attracted the attention of Restorative Justice advocates and concludes with suggestions about future directions for criminal justice policy discussion. Restorative Justice is a movement which drew its initial energy from Civil Rights era non-violent social action. It has found avid supporters among those whose activism for socialjustice is faith-based as well as those whose activism is rooted in more secular communitarian ideologies. Perhaps because of its international following, a significant contribution ofthe movement has been to initiate trans-cultural dialogue about criminal justice, fostering an increased use of alternative dispute resolution techniques, primarily mediation. Restorative Justice doctrine insists that all crime is personal, evidence ofa broken relationship between victim, offender, and community. Restoring "right relationship" between all parties is both a moral and legal obligation; "justice" to be just must go well beyond addressing the specifics of the act which effected the break. In contrast, the focus of The Role ofAn Ultimate Authority81 retributive justice appears abstract, procedural, and narrow in pursuit of impartiality or neutrality, the ideal of Blind Justice.2 Howard Zehr, a consultant on criminal justice and a Canadian Mennonite who wrote the classic Restorative Justice primer, Changing Lenses: A New Focusfor Crime andJustice, describes the retributive criminaljustice process as "a drama between two abstractions," meaning a criminal and a victim, where the "victim" is even further abstracted... (shrink)

The author proves the crucial role of the reform of philosophical education in the context of the socio-economic crisis. Without this reform, it is impossible to form a new mentality. Respectively, without changing the mentality, other reforms are not possible. Criticizing the Soviet command-and-control system, the author argues that its system remains in the very structure of Ukrainian universities. The reform of philosophical education, according to the author, should lie (1) in the democratization of the (...) educational process and (2) in reorienting this process to develop the ability to philosophize. This goal assumes that the basis of philosophical education should be such disciplines as the history of philosophy and the argumentation theory because they provide an understanding of philosophical problems and teach how to think critically and creatively. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace (...) among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

In the United States “restorative justice” typically refers to small-scale measures that divert alleged wrongdoers from a standard path through the criminal justice system by funneling them into alternative justice programs. These aim not to punish the offender, but to constructively address the harm that wrongdoing may have caused to individuals or to the community, engaging with the wrongdoer to come to a response that might heal and repair the harm. -/- Yet restorative justice initiatives generally (...) fail to challenge and transform the racist system of mass incarceration. This book argues that these initiatives have the potential to do so, but that we need to better understand what restorative justice is, and how it should be implemented. It claims that restorative justice can achieve its desired effect only insofar as it provides a mode of association between people that is, at its core, moral and spiritual. The book explores the ways in which restorative justice ethics and practices exhibit moral and spiritual dynamics, and what difference such “lived religious” dynamics can make for purposes of transforming structural violence. -/- Looking to Chicago’s restorative justice network as a model for developing these transformational and sustainable social changes, the volume showcases real-life examples of the kinds of practices and initiatives needed to shift the entrenched dynamics that fuel the prison-industrial complex across the United States. The book argues that restorative justice has the capacity to transform systemic injustices inscribed in U.S. mass incarceration in ways that mediate the "prison reform" vs "prison abolition" dichotomy. (shrink)

America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores (...) the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy. (shrink)

Organizational transgressions cause recurring scandals. Often disclosed by whistleblowers, they generate public outrage and force organizations to respond. Recent studies have tried to answer the question: “What happens after a transgression becomes publicly known?” They highlight organizational responses marked by recognition of the transgression, penance and reintegration of the organization. However, that research only deals with transgressions involving illegal organizational practices. This article broadens the field of study to include legal but unethical organizational practices. It is based on the case (...) study of a recent scandal: LuxLeaks (2010–2018). This scandal concerns tax avoidance practices that were advised by the international audit and consulting firm PwC to hundreds of companies and made public by whistleblowers. The case data result from cross-comparisons of several organizational (PwC) and governmental (Luxembourg) communication documents as well as parliamentary, judicial and press documents. The article’s results highlight a legalistic organizational response that is so far under-explored in the literature. This response is marked by a rhetoric of denial, reformism and self-victimization and by judicial retaliation against the whistleblowers. It reveals the paradoxes of “legalization” in contemporary organizations, and its role in the perpetuation of unethical corporate practices. (shrink)

ABSTRACT:Clinical ethics consultants bear witness to the direct harms of intersecting axes of oppression—such as racism and classism—as they impinge on elucidating and resolving ethical dilemmas in health care. Health Care Ethics Consultation (HCEC) professional guidance supports recognizing and analyzing power dynamics and social-structural obstacles to good care. However, the most relied upon bioethical principles in clinical ethics have been criticized for insufficiency in this regard. While individual ethics consultants have found ways to expand their approaches, they do so (...) in an ad hoc way without frameworks to guide consistency. Motivated by the practical expertise of clinical ethicists, this essay offers a new framework to support openness to analyzing power imbalances and respecting marginalized voices and values. This framework is grounded in transformative justice, where the aim is to take responsibility for oppression by centering and responding to moral perspectives and value systems that are all too often silenced. (shrink)

Are DRGs just? This is the primary question which this essay will answer. But there is a prior methodological question that also needs to be addressed: How do we go about rationally (non-arbitrarily) assessing whether DRGs are just or not? I would suggest that grand, ideal theories of justice (Rawls, Nozick) have only very limited utility for answering this question. What we really need is a theory of “interstitial justice,” that is, an approach to making justice judgments (...) that is suitable to assessing the social practices and institutions that comprise the interstices of our social life as opposed to its basic structure. Rawls's appeal to “our considered moral judgments” provides us with a useful starting point for this task, which we shall discuss in the first part of this essay. In the second part, we shall actually assess DRGs from the perspective of interstitial justice. What we shall show is that DRGs violate a large number of our considered judgments regarding a just approach to financing health care for the elderly in a cost-effective manner. This is true to such an extent that efforts to reform DRGs and make them fairer, such as the recent effort by Robert Veatch, should be abandoned. In the concluding section of the essay we discuss one especially pernicious feature of DRGs, namely, that they represent an invisible approach to rationing access to health care. In the minds of many this is one of the virtues of DRGs. That claim needs critical examination. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Wild Justice: A Study of Euripides’ HecubaGeorgia Ann MachemerMossman, Judith. Wild Justice: A Study of Euripides’ Hecuba. Oxford: Clarendon Press, 1995. xiv 1 283 pp. Cloth, $55. (Oxford Classical Monographs)Judith Mossman’s monograph on Euripides’ Hecuba deserves its accolades. It is well-written, well-argued, and shows a quality sometimes lacking in today’s publish-or-perish world, scholarly integrity. Sceptical of the theses she seeks to refute, Mossman nevertheless adopts no (...) arrogant poses, but carefully weighs the merits of each position before casting it aside. Having found questions in a vast array of comparative and critical material, she meticulously develops answers from the ancient evidence itself, comprehensively drawing into one orbit not just classical Greek poetry and Attic tragedies, but also a variety of prose works, both early and late. In no way arbitrary, her comment avoids easy solutions garnered from contemporary fields of thought and faces even intractable textual problems head-on. With its sights high, the book never wanders wide of the mark, claiming neither too much nor too little. Nor does it pretend to [End Page 134] a fashionable last word on its subject, preferring rather to advance a tradition of interpretation so that those who later raise objections will happily find themselves engaged in a dialogue with its author in the common search for new insights.Dr. Mossman’s obvious admiration for Hecuba is affirmed by the play’s history as a select text in the Byzantine manuscript tradition, and, as she demonstrates in her “Epilogue” (210–43), by the esteem accorded it in subsequent ages, especially the Renaissance, which considered it an ancient type of the then popular revenge tragedy. As I lack the background, however, to judge her winning treatment of Hecuba’s Renaissance heritage, I shall confine my remarks here to her presentation of the play’s internal dramatic excellence. This I found to be well conceived, thorough, and convincing.The opening chapters on antecedent myth, the structural unity of spoken dialogue with conjectured stage spectacle, and the dramatic integration of the chorus serve as a suitable warm-up for the more controversial topics of the later chapters. Of these preliminary exercises I was most taken by Mossman’s reconstruction of the play’s original staging and its possible effect on the contemporary audience (chapter 2). It was a good idea to pay attention to this experiential dimension at the outset. By doing so the author alerts her readers not only to the natural indeterminacy of dramatic texts, but also to the enormous gap between our literary readings of ancient plays and our perusal of them as vehicles for performances, ancient or otherwise. Mossman plays this critical game well. What she says is lucid and enlivening. Nevertheless, the heart of her discussion lies elsewhere, in the chapters on Euripides’ “rhetoric as a characterizing force” (94), Polyxena’s heroic sacrificial death, and the justice of Hecuba’s savage revenge.In these chapters Mossman successfully takes up the cudgel, first against the rhetorical formalists who argue that characters in Greek tragedies are often poorly motivated, inconsistent, generalized types that have been created largely without regard to individualizing details of the plot, a view sometimes wrongly attributed to Aristotle (see especially the excursus on Aristotle, 138–41); she then counters Nicole Loraux’s post-Freudian, feminist belief in the erotic nature of Polyxena’s sacrifice (Tragic Ways of Killing a Woman, tr. Anthony Forster [Harvard 1987; orig. publ. Paris 1985] 56–61); and finally she argues against the many who, like Martha Nussbaum (The Fragility of Goodness [Cambridge 1986] 408, 414–16) claim that in the play’s second half Hecuba degenerates into subhuman brutality.As regards character development, Mossman contends that what we see in ancient drama is never a change of ethos, but the interplay of ethos and events and the delineation of “successive emotions which arise in response to successive situations” (102). As in the rhetorical handbooks, speeches must be judged by their appropriateness to type of both speaker and addressee and to the specifics of the individual case. Using these ancient principles, Mossman reviews the speeches of the play and, by means of their opposing and... (shrink)

Introduction. The law of the extempore -- The rise and reform of the New York City cabaret laws -- Deconstructive legal improvisation -- The 'wildness' of jazz improvisation -- Demystifying improvisation -- The structure-freedom paradox in law -- Justice as improvisation.

The adversarial legal system is traditionally praised for its normative appeal: it protects individual rights; ensures an equal, impartial, and consistent application of the law; and, most importantly, its competitive structure facilitates the discovery of truth – both in terms of the facts, and in terms of the correct interpretation of the law. At the same time, legal representation is allocated as a commodity, bought and sold in the market: the more one pays, the better legal representation one gets. In (...) this article, I argue that the integration of a market in legal representation with the adversarial system undercuts the very normative justifications on which the system is based. Furthermore, I argue that there are two implicit conditions, which are currently unmet, but are required for the standard justifications to hold: that there is (equal opportunity for) equality of legal representation between parties, and that each party has (equal opportunity for) a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions. (shrink)

The overall objectives of this article are to help the reader see and understand through Aristotelian lenses: (1) positive and negative aspects of the Leveraged Buyout (LBO) business model; and, (2) how LBO practices can be reformed so as to retain positives and reduce negatives. Aristotelian lenses considered are: wealth acquisition through wealth expansion, wealth creation, and wealth transfers; distributive and corrective justice; and, a dialectic analytic process of retaining positives, reducing negatives, and reforming. Key net positive wealth expansion (...) aspects of the model are discussed with respect to: profitability for the owners, managers, and investors of LBO firms; potential productivity improvements on the cost and revenue sides; and, potentially greater credit availability. Negative wealth transfer and destruction aspects with respect to: a relatively high rate of bankruptcies in some countries and in economic downturns; LBO firm gains without responsibility for losses; wealth transfers from employees, creditors, ordinary vs “carried interest” taxpayers; and, damaged wealth expansion and creation capabilities of acquired organizations are discussed. Potential reforms that could reduce negatives, retain positives, and reform the model are discussed. (shrink)

The structure of our ethical experience depends, crucially, on a fundamental distinction between what we are responsible for doing or deciding and what is given to us. As such, the boundary between chance and choice is the spine of our conventional morality, and any serious shift in that boundary is thoroughly dislocating. Against this background, I analyze the way in which techniques of prenatal genetic diagnosis (PGD) pose such a fundamental challenge to our conventional ideas of justice and moral (...) responsibility. After a short description of the situation, I first examine the influential luck egalitarian theory of justice, which is based on the distinction between choice and luck or, more specifically, between option luck and brute luck, and the way in which it would approach PGD (section II), followed by an analysis of the conceptual incoherencies (in section III) and moral problems (in section IV) that come with such an approach. Put shortly, the case of PGD shows that the luck egalitarian approach fails to express equal respect for the individual choices of people. The paradox of the matter is that by overemphasizing the fact of choice as such, without regard for the social framework in which they are being made, or for the fundamental and existential nature of particular choices—like choosing to have children and not to undergo PGD or not to abort a handicapped fetus—such choices actually become impossible. (shrink)

The symbolism introduced earlier provides a convenient vehicle for examining the status and consistency of Aristotle's three diverse justifications and for explaining how he means to avoid Protagorean relativism without embracing Platonic absolutism. When the variables ‘ x ’ and ‘ y ’ are allowed to range over the groups of free men in a given polis as well as over individual free men, the formula for the Aristotelian conception of justice expresses the major premiss of Aristotle's three (...) justifications: (1) (∀ x )(∀ y ) (P(x)·W(x)/P(y)·W(y)=V(T(x))/V(T(y)))Democracy is justified by adding a minor premiss to the effect that as a group the many ( m ) are superior (>) in virtue and wealth to the few best men ( f ): 85 (2 d ) (P(m) · W(m)) > (P(f) · W(f)) (3 d ) V(T(m))>V(T(f))Absolute kingship is justified when a godlike man ( g ) appears in a polis who is incommensurably superior (≫) in virtue and wealth to all the remaining free men ( r ): (2 k ) (P(g) · W(g)) ≫ (P(r) · W(r)) (3 k ) V(T(g)) ≫ V(T(r))True aristocracy requires a more complex justification, which was symbolized in Section 4. These justifications are compatible with each other since they apply to different situations. The polises where democracy and true aristocracy are justified contain no godlike men, and the polis in which democracy is justified differs from that in which true aristocracy is justified in containing a large group of free men who individually have little virtue ( Pol. III.11.1281b23-25, 1282a25-26). Each of the justifications is a valid deductive argument. Aristotle affirms the major premiss they share on the basis of a twofold appeal to nature. The principle of distributive justice, the concept as distinguished from the various conceptions of distributive justice, is itself according to nature ( Pol. VII.3.1325b7-10) and so too is one particular standard of worth, the standard of the best polis. Consequently, the question of the status of these three justifications, whether they are purely hypothetical or not, is a question about the minor premiss or premisses of each. In the case of the democratic premiss Aristotle's answer is straightforward: it is sometimes but not always true ( Pol. III.11.1281bl5-21). Hence the justification of democracy is not purely hypothetical. Nor is the justification of absolute kingship. The man who is “like a god among men” ( Pol. III.13.1284a10-11) would be a man of heroic virtue (see VII.14.1332bl6-27); and such a man, Aristotle says, is “rare” ( σπávιoη ) (not nonexistent) ( E.N. VII.1.1145a27-28). The minor premisses of the aristocratic argument describe a situation where all of the free men in a given polis have sufficient wealth for the exercise of the moral and intellectual virtues and where all of the older free men of the polis are men of practical wisdom. In the Politics Aristotle makes only the modest claim that such a situation is possible: It is not possible for the best constitution to come into being without appropriate equipment [that is, the appropriate quality and quantity of territory and of citizens and noncitizens]. Hence one must presuppose many things as one would wish them to be, though none of them must be impossible ( Pol. VII.4.1325b37-38; see also II.6.1265al7-18). But Aristotle appears to subscribe to the principle that every possibility is realized at some moment of time ( Top. 11.11.115bl7-18, Met. Θ.4.1047b3-6, N.2.1088b23-25). This principle together with the claim that the situation described is possible entails that the situation sometimes occurs. Thus even Aristotle's justification of true aristocracy is not purely hypothetical. The final question is Aristotle's way of avoiding Protagorean relativism without embracing Platonic absolutism. The relativist, along with everyone else ( E.N. V.3.1131a13-14, Pol. III.12.1282bl8), can accept the principle of distributive justice: Q(x)/Q(y) = V(T(x))/V(T(y)) And he can concede that particular instances of this principle, particular conceptions of justice, accurately describe the modes of distributing political authority that appear just to particular polises and to particular philosophers. What he denies is that there is any basis for ranking these various conceptions of justice or for singling one out as the best (Plato, Theaet. 172A-B). Aristotle, following in Plato's track ( Laws X.888D7-890D8), maintains against the relativist that nature provides such a basis. But he departs from Plato in his conception of nature. For Plato “the just by nature” ( τó ρυσει δίκ↑oν }) ( Rep. VI.501B2) is the Form of justice, an incorporeal entity ( Phdo. 65D4-5, Soph. 246B8) that exists beyond time and space ( Tim. 37C6-38C3, 51E6-52B2), whereas for Aristotle the sensible world is the realm of nature ( Met. A.1.1069a30-b2). Thus in appealing to nature Aristotle does not appeal to a transcendent standard. Nor does he appeal to his main criterion of the natural, namely, happening always or for the most part. Aristotle's theory of justice is anchored to nature by means of the polis described in Politics VII and VIII, and he regards this polis as natural because it fosters the true end of human life and because its social and political structure reflects the natural hierarchy of human beings and the natural stages of life. Thus the nature that Aristotle's theory of justice is ultimately founded on is human nature. (shrink)

The book examines corruption control in post-reform China. Contrary to the normal perception that corruption is a type of behavior that violates the law, the author seeks to approach the issue from a social censure perspective, where corruption is regarded as a form of social censure intended to maintain the hegemony of the ruling bloc. Such an approach integrates societal structure, political goals, and agency into a single framework to explain dynamics in corruption control. With both qualitative data from (...) officials in power and officials in jail and quantitative data from university students, the book explores how the censure on corruption was created and has been applied from 1978 to the present. Though primarily intended for academics, the book is also accessible for general audiences, especially given its intriguing perspective and use of firsthand data on corruption that cannot be found anywhere else. (shrink)

Background Policy instruments based on the working of markets have been introduced to empower consumers of healthcare. However, it is still not easy to become a critical consumer of healthcare. Objectives The aim of this study is to analyse the possibilities of the state to strengthen the position of patients with the aid of a new financial regime, such as personal health budgets. Methods Data were collected through in-depth interviews with executives, managers, professionals and client representatives of six long-term care (...) institutions. Results With the introduction of individual budgets the responsibility for budgetary control has shifted from the organisational level to the individual level in the caregiver-client relationship. Having more luxurious care on offer necessitates a stronger demarcation of regular care because organisations cannot simultaneously offer extra care as part of the standard care package. New financial instruments have an impact on the culture of receiving and giving care. Distributive justice takes on new meaning with the introduction of financial market mechanisms in healthcare; the distributing principle of ‘need’ is transformed into the principle of ‘economic demand’. Conclusion Financial instruments not only act as a countervailing power against providers insufficiently client-oriented, but are also used by providers to reinforce their own positions vis-à-vis demanding clients. Tailor-made finance is not the same as tailor-made care. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justice and Generality After CritiqueLisa Landoe Hedrick (bio)The context for my paper is Wesley J. Wildman's understanding of the dispute between modernity and postmodernity; namely, that it is fundamentally a dispute about generality and justice. Where postmodern critique goes wrong, he argues, is in failing to appreciate how a tireless commitment to self-criticism can manage the risks of assertion. We need both consciousness-raising critique and orienting conceptual (...) interpretations of the world—achieving such checks and balances is the promise of a pragmatic theory of inquiry. In contrast to postmodernist asceticism, Wildman invites us to build responsibly. I agree that constructive steps are needed after genealogical, post-colonial, feminist, and other such critical social theories. My concern, shared by several contributors to Religion in Multidisciplinary Perspective, is that these steps can be taken too soon, meaning before they have been sufficiently retooled by way of such theories' concerns about the politics of discourse and inquiry and the conceptual tools with which we conceive comparative programs.I begin by detailing Wildman's position with respect to postmodern criticism. I then explore (and second) concerns voiced by LeRon Shults, Timothy Knepper, and Sarah Fredericks with respect to this position. I proceed to put them in constructive conversation with contemporary anthropologists striving for new conceptions of comparative inquiry in response to similar concerns. My purpose is to show how shame-induced asceticism about a certain type of assertion can create space, not just for greater readiness to revise, but for entirely new senses of assertion.Wildman regards the work of postmodernist critics as "far and away the most ascetic form of philosophy ever attempted."1 The contributions of these "philosophical analysts of ideology in politics and discourse" including thinkers "from Freud and before to Derrida and beyond" have greatly improved our awareness and understanding of "the power of narratives and theories to structure imaginations."2 But they have almost exclusively regarded this power in negative ways, as a subject of suspicion and enemy of an authentic [End Page 12] life. Attempting to systematically avoid ideology, these thinkers have developed highly "ritualized form[s] of discourse" as a way of habitually divulging and eliminating frameworks of understanding.This expectation, according to Wildman, is "impossible" to satisfy and is as such "disabling," not to mention "undesirable."3 Ideology can be as helpful as it can be hurtful and, in any case, it is unavoidable: "[these] coded frameworks of interpretation and meaning … are invaluable in helping us to engage our social worlds constructively." He continues, "Without partially hidden frameworks for orienting ourselves to the endless complexities of social life and politics, we have only painful exposure to the harsh light of more self-awareness than we can tolerate, producing paralysis and impotence. Thus, we need both partially submerged frameworks for social orientation and efficient mechanisms for correcting those frameworks when they produce undesirable or unjust effects."4 Bracketing the discussion about how we judge effects to be "undesirable" or "unjust," I wonder about what this statement implies regarding the placating function of frameworks against reality. What is it about which we become aware that produces paralysis? And what is the framework within which we can make such assessments?Wildman does not see any issue in answering such questions; he draws upon evolutionary biology to establish a positive valence for ideology to counterbalance postmodernist concerns.The ability to appeal to the natural sciences is central to Wildman's protest, since a one-sided account of the way power penetrates knowledge overestimates the arbitrariness and irrationality of that knowledge and invalidates any bid for authority on the part of the natural sciences. As I understand him, Wildman takes this postmodernist move to be symptomatic of a broader lack of self-awareness, which forgets that ideological criticism was itself a modern creation.5 He takes the very fact that ideological criticism has emerged to be a testament against postmodernist fatalism. A two-sided account of the way power penetrates knowledge would, presumably on his logic, admit partial arbitrariness and partial irrationality. (It is unclear to me what differentiates arbitrariness from irrationality here, and I'd be grateful for a lesson.)At least in this context... (shrink)