Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

Mandeville writes that it was said of Montaigne “that he was pretty well vers’d in the Defects of Man-kind, but unacquainted with the Excellencies of human Nature,” adding, “If I fare no worse, I shall think my self well used.” Mandeville transformed Montaigne’s suggestion into a methodology for his systematic attempt to “anatomize the invisible Parts of Man”. His tale of “the grumbling hive,” and his extensive commentary on it, were designed to demonstrate that “if Mankind could be cured of (...) the Failings they are Naturally guilty of, they would cease to be capable of being rais’d into such vast, potent and polite Societies, as they have been”. (shrink)

This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

I offer this essay not as a “reply to my critics,” but as a contribution to a conversation about the rule of law to which they have richly contributed. After a brief outline of key features of Law’s Rule, it considers whether it is committed to a “thin” or “thick” concept of the rule of law. It then explores the ideas of arbitrary power, accountability, and recourse; and it addresses the question whether the rule of law’s concern is restricted to (...) the exercise of governmental power. It concludes with consideration of a number of tensions that lie at the heart of the rule of law ideal. (shrink)

‘A fool sees not the same tree that the wise man sees’, so wrote William Blake in his enigmatic ‘Proverbs of Hell’.1 Of course, in one sense, the wise man and the fool see the same tree – they dire...

This article consists of an annotated edition and translation of a previously unpublished Latin letter to G. J. Vossius from Christianus Ravius, refuting the accusation made by Johann Seyffert in his pamphlet attacking Grotius, Classicum Belli Sacri adversus Hugonem Grotium Papistam , that Grotius, while representative of the Swedish government in Paris, had advised Ravius to convert to Catholicism. The historical introduction outlines the details of and probable reasons for Seyffert's published attacks on Grotius, Grotius's attitude towards those attacks , (...) and the implications for his relationship with the Swedish government and Baron von Degenfeld, commander of the German Protestant mercenary soldiers in the service of the French crown. It also recounts what is known of Ravius's stay in Paris during which he met Grotius, and raises the question why Ravius delayed making a response to Seyffert until well after Grotius was dead. (shrink)

This chapter contains section titled: Is and Ought Public Justification and the Principle of Utility Pestilential Nonsense: Rights, Justice, and Utility The Calculus of Pleasure Problems about Pleasure Interests Equality The Universal Interest References and further reading.

The consumerist elevation of wants into needs requires the elevation of ethical relativism into the status of a "dogma." Collectivism and individualism are the two faces of this dogma and require the uneasy mediation of the claims of utilitarianism and romanticism. The historical and philosophical backdrop for this mediation is suggested with reference to Aristotle, Aquinas, Kant, J.S. Mill, De Tocqueville, and Oakeshott.

Law bends the past of a community's common life towards its future.Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes and orders (...) time. Temporality is essential to law's distinctive mode of governance and guidance. (shrink)

Is there such a thing as "business ethics?" Author Gerald J. Williams compellingly answers this question in Ethics in Modern Management. Though he agrees that greed and self-interest are at work in the business environment, he also notes that they can be found in just about every area of human endeavor, and it is a fallacy to think that one can justify these vices simply because one operates in the business environment, where such behavior might be more readily condoned. (...) But the book does not stop at establishing the faulty logic behind the "business ethics" concept. It is also designed to help managers with the process of education and moral reflection by describing three approaches to morality--cultural moral relativism, utilitarianism, and Thomistic natural law--and showing how each approach attempts to solve real-life ethical conflicts in the business world. (shrink)

. A structured awareness of time lies at the core of the law's distinctive normativity. Melody is offered as a rough model of this mindfulness of time, since some important features of this awareness are also present in a hearer's grasp of melody. The model of melody is used, first, to identify some temporal dimensions of intentional action and then to highlight law's mindfulness of time. Its role in the structure of legal thinking, and especially in precedent‐sensitive legal reasoning, is (...) explored. This article argues further that melody‐modeled mindfulness of time is evident also at a deeper and more pervasive level, giving structure to the distinctive mode of law's normative guidance. The article draws one important theoretical consequence from this exploration, namely, that the normative coherence of momentary legal systems depends conceptually on their coherence over time. (shrink)

This paper reviews goals, content materials, and other essential elements of a new, experimental philosophy course on the built environment of cities now being developed in Buffalo, New York. Applying traditional philosophical methods, the course adds experiential components and expands philosophy’s scope in ways that promote deep learning about the city. A model unit on the work of Frederick Law Olmsted receives special attention here, as Olmsted’s work in Buffalo and elsewhere invites philosophical treatment—analysis, critical examination, and so on—from scholars, (...) students, and city residents alike. We shall see that the distinctive character of philosophy can encourage teaching in new areas where philosophical study might promote learning and understanding, thus inspiring curricular innovation and a wide range of powerful student learning experiences. (shrink)

"God and Subjectivity" is an essentially metaphysical monograph, but one that is cast in an historical mode: it reports on first philosophy as a biography of the concept of being. Its thesis is that St. Anselm's notion of God provided a "pivot" on which philosophy turned from the Aristotelian conception of substance as the object of -first philosophy- to Descartes' conception of the subject as the ground of -science-. The changeover is not new, of course, but Anselm as the catalyst (...) is; and an effort is made to present his role in the development with as much textual support and sustained argument as possible. Even Feuerbach appears, in this light, as a kind of inversion of the Anselmian argument.". (shrink)