Taming the power of Wall Street was a principal campaign theme for Franklin Delano Roosevelt in the 1932 election. Roosevelt's election bore fruit in the Securities Act of 1933, which regulated the public offering of securities, the Securities Exchange Act of 1934, which regulated stock markets and the securities traded in those markets, and the Public Utility Holding Company Act of 1935 (PUHCA), which legislated a wholesale reorganization of the utility industry. The reform effort was spearheaded by the newly created (...) Securities and Exchange Commission, part of the new wave of experts brought to Washington to rein in business. PUHCA also marked the federal government's first significant incursion into corporate governance, with a corresponding reduction in the traditional role of investment bankers. The SEC's ascendance over the investment bankers was reinforced during FDR's second term by the Chandler Act of 1938, which provided the agency with a broad role in the bankruptcy reorganization of troubled companies.Enacting those statutes was only the beginning, as the scope and effectiveness of the SEC's regulatory efforts depended critically on navigating these new statutes past an initially hostile Supreme Court. After substantial delay in the lower courts, the securities statutes eventually got a friendly hearing in the Supreme Court, where a number of Justices came to the Court after serving as the "Founding Fathers" of the federal securities laws. Roosevelt's Supreme Court nominees were involved in drafting the new legislation, securing its passage in Congress and implementing a litigation strategy that successfully stalled final determination of the constitutionality of the securities laws until New Deal appointed justices were in place. Felix Frankfurter played an important role in shaping the Securities Act and PUHCA, and was a key advisor on litigation strategy to the Roosevelt administration. Hugo Black led the legislative battle to enact PUHCA against the utility companies. Stanley Reed and Robert Jackson were key courtroom advocates arguing PUHCA's constitutionality. William O. Douglas headed the study of Protective Committees that led to the Chandler Act and was Chairman of the SEC. In this article, we explore the role of the New Deal justices in enacting the securities laws, litigating the challenges brought against them and then interpreting these laws in securities cases before the Supreme Court. We show the important role that these New Deal justices played in ensuring a broad scope for the federal securities laws through generous interpretation. Once constitutional questions had faded, securities cases proved to be a critical testing ground for newly emerging theories of administrative law. We demonstrate the split over the importance of judicial review versus deference to the rule of experts that emerged among these Roosevelt appointees. Finally, we explore the relative lack of influence of Douglas and Frankfurter in these cases, despite their familiarity and experience with the securities laws. (shrink)

The essays in this volume apply philosophical analysis to address three kinds of questions: What are the implications of genetic science for our understanding of nature? What might it influence in our conception of human nature? What challenges does genetic science pose for specific issues of private conduct or public policy?

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

2. The equal status mentioned in Thesis 2 need not mean, "equally concrete" or "inclusive," but only, "equally real," where "real" means having a character of its own with reference to which opinions can be true or false. But becoming or process is alone fully concrete or inclusive, since if A is without becoming, and B becomes, then the togetherness of AB also becomes. A new constituent means a new totality. In this sense, becoming is the ultimate principle.

Among moral attributes true virtue alone is sublime. … [I]t is only by means of this idea [of virtue] that any judgment as to moral worth or its opposite is possible. … Everything good that is not based on a morally good disposition … is nothing but pretence and glittering misery. 1.

Important features of the self-concept can be located outside of the individual and inside close or related others. The authors use this insight to reinterpret data previously said to support the empathy-altruism model of helping, which asserts that empathic concern for another results in selflessness and true altruism. That is, they argue that the conditions that lead to empathic concern also lead to a greater sense of self-other overlap, raising the possibility that helping under these conditions is not selfless but (...) is also directed toward the self. In 3 studies, the impact of empathic concern on willingness to help was eliminated when oneness--a measure of perceived self-other overlap--was considered. Path analyses revealed further that empathic concern increased helping only through its relation to perceived oneness, thereby throwing the empathy-altruism model into question. The authors suggest that empathic concern affects helping primarily as an emotional signal of oneness. (shrink)

With the rise of review sites and social media, films today, as soon as they are shown, immediately become the topic of debates on their merits not only as entertainment, but also as serious forms of artistic expression. Philosopher Robert B. Pippin, however, wants us to consider a more radical proposition: film as thought, as a reflective form. Pippin explores this idea through a series of perceptive analyses of cinematic masterpieces, revealing how films can illuminate, in a concrete manner, (...) core features and problems of shared human life. Filmed Thought examines questions of morality in Almodóvar’s Talk to Her, goodness and naïveté in Hitchcock’s Shadow of a Doubt, love and fantasy in Sirk’s All That Heaven Allows, politics and society in Polanski’s Chinatown and Malick’s The Thin Red Line, and self-understanding and understanding others in Nicholas Ray’s In a Lonely Place and in the Dardennes brothers' oeuvre. In each reading, Pippin pays close attention to what makes these films exceptional as technical works of art and as intellectual and philosophical achievements. Throughout, he shows how films offer a view of basic problems of human agency from the inside and allow viewers to think with and through them. Captivating and insightful, Filmed Thought shows us what it means to take cinema seriously not just as art, but as thought, and how this medium provides a singular form of reflection on what it is to be human. (shrink)

This fresh and original book argues that the central questions in Hegel's practical philosophy are the central questions in modern accounts of freedom: What is freedom, or what would it be to act freely? Is it possible so to act? And how important is leading a free life? Robert Pippin argues that the core of Hegel's answers is a social theory of agency, the view that agency is not exclusively a matter of the self-relation and self-determination of an individual (...) but requires the right sort of engagement with and recognition by others. Using a detailed analysis of key Hegelian texts, he develops this interpretation to reveal the bearing of Hegel's claims on many contemporary issues, including much-discussed core problems in the liberal democratic tradition. His important study will be valuable for all readers who are interested in Hegel's philosophy and in the modern problems of agency and freedom. (shrink)

In Overdoing Democracy, Robert B. Talisse turns the popular adage "the cure for democracy's ills is more democracy" on its head. Indeed, he argues, the widely recognized, crisis-level polarization within contemporary democracy stems from the tendency among citizens to overdo democracy. When we make everything--even where we shop, the teams we cheer for, and the coffee we drink--about our politics, we weaken our bonds to one another, and work against the fundamental goals of democracy. Talisse advocates civic friendship built (...) around shared endeavors that we must undertake with fellow citizens who do not necessarily share our political affinities as the best way we can obtain a healthier, more sustainable democracy. (shrink)

In this latest book, renowned philosopher and scholar Robert B. Pippin offers the thought-provoking argument that the study of historical figures is not only an interpretation and explication of their views, but can be understood as a form of philosophy itself. In doing so, he reconceives philosophical scholarship as a kind of network of philosophical interanimations, one in which major positions in the history of philosophy, when they are themselves properly understood within their own historical context, form philosophy’s lingua (...) franca. Examining a number of philosophers to explore the nature of this interanimation, he presents an illuminating assortment of especially thoughtful examples of historical commentary that powerfully enact philosophy. After opening up his territory with an initial discussion of contemporary revisionist readings of Kant’s moral theory, Pippin sets his sights on his main objects of interest: Hegel and Nietzsche. Through them, however, he offers what few others could: an astonishing synthesis of an immense and diverse set of thinkers and traditions. Deploying an almost dialogical, conversational approach, he pursues patterns of thought that both shape and, importantly, connect the major traditions: neo-Aristotelian, analytic, continental, and postmodern, bringing the likes of Heidegger, Honneth, MacIntyre, McDowell, Brandom, Strauss, Williams, and Žižek—not to mention Hegel and Nietzsche— into the same philosophical conversation. By means of these case studies, Pippin mounts an impressive argument about a relatively under discussed issue in professional philosophy—the bearing of work in the history of philosophy on philosophy itself—and thereby he argues for the controversial thesis that no strict separation between the domains is defensible. (shrink)

In this book, Robert Talisse critically examines the moral and political implications of pluralism, the view that our best moral thinking is indeterminate and that moral conflict is an inescapable feature of the human condition. Through a careful engagement with the work of William James, Isaiah Berlin, John Rawls, and their contemporary followers, Talisse distinguishes two broad types of moral pluralism: metaphysical and epistemic. After arguing that metaphysical pluralism does not offer a compelling account of value and thus cannot (...) ground a viable conception of liberal politics, Talisse proposes and defends a distinctive variety of epistemic pluralism. According to this view, certain value conflicts are at present undecidable rather than intrinsic. Consequently, epistemic pluralism countenances the possibility that further argumentation, enhanced reflection, or the acquisition of more information could yield rational resolutions to the kinds of value conflicts that metaphysical pluralists deem irresolvable as such. Talisse’s epistemic pluralism hence prescribes a politics in which deep value conflicts are to be addressed by ongoing argumentation and free engagement among citizens; the epistemic pluralist thus sees liberal democracy is the proper political response to ongoing moral disagreement. (shrink)

This book critically evaluates liberalism, the dominant attempt in the tradition of political philosophy to provide a philosophical foundation for democracy, and argues for a conception of deliberative democracy to meet this need.

"This book discusses the vast and complex range of choices in between blanket amnesty and total accountability through criminal justice, and does so with ...

In this essay I offer a new interpretation of Kant’s discussion of “the old formula of the schools” in the Critique of Practical Reason – “nihil appetimus, nisi sub ratione boni; nihil aversamur, n...

In this pathbreaking book one of America’s most distinguished philosophers brilliantly explores the status and authority of law and the nature of political allegiance through close readings of three classic Hollywood Westerns: Howard Hawks’ _Red River_ and John Ford’s _The Man Who Shot Liberty Valance_ and _The Searchers._ Robert Pippin treats these films as sophisticated mythic accounts of a key moment in American history: its “second founding,” or the western expansion. His central question concerns how these films explore classical (...) problems in political psychology, especially how the virtues of a commercial republic gained some hold on individuals at a time when the heroic and martial virtues were so important. Westerns, Pippin shows, raise central questions about the difference between private violence and revenge and the state’s claim to a legitimate monopoly on violence, and they show how these claims come to be experienced and accepted or rejected. Pippin’s account of the best Hollywood Westerns brings this genre into the center of the tradition of political thought, and his readings raise questions about political psychology and the political passions that have been neglected in contemporary political thought in favor of a limited concern with the question of legitimacy. (shrink)

Philosophy and Phenomenological Research, Volume 103, Issue 3, Page 741-760, November 2021.

At some time around 200 A.D., the Stoic philosopher and teacher Cleomedes delivered a set of lectures on elementary astronomy as part of a complete introduction to Stoicism for his students. The result was _The Heavens, _the only work by a professional Stoic teacher to survive intact from the first two centuries A.D., and a rare example of the interaction between science and philosophy in late antiquity. This volume contains a clear and idiomatic English translation—the first ever—of _The Heavens, _along (...) with an informative introduction, detailed notes, and technical diagrams. This important work will now be accessible to specialists in both ancient philosophy and science and to readers interested in the history of astronomy and cosmology but with no knowledge of ancient Greek. (shrink)

Heidegger claimed that Western philosophy ended, failed even, in the German Idealist tradition. In The Culmination, Robert B. Pippin explores the ramifications of this charge through a masterful survey of Western philosophy, especially Heidegger's critiques of Hegel and Kant. Pippin argues that Heidegger's basic concern was to determine sources of meaning for human life, particularly those that had been obscured by Western philosophy's attention to reason. The Culmination offers a new interpretation of Heidegger, German Idealism, and the fate of (...) Western rationalism. (shrink)

This interdisciplinary book is a contribution to the history of ideas that tries to locate and assess the causes for the large gap between Enlightenment hopes for the future and present realities.

In this reflection I address one of the critical questions this monograph is about: How to justify proposing yet another semantic theory in the light of Wittgenstein’s strong warnings against it. I see two clear motives for Wittgenstein’s semantic nihilism. The first one is the view that philosophical problems arise from postulating hypothetical entities such as “meanings”. To dissolve the philosophical problems rather than create new ones, Wittgenstein suggests substituting “meaning” with “use” and avoiding scientism in philosophy together with the (...) urge to penetrate in one's investigation to unobservable depths. I believe this first motive constitutes only a weak motive for Wittgenstein’s quietism, because there are substantial differences between empirical theories in natural sciences and semantic theories in philosophy that leave Wittgenstein’s assimilation of both open to criticism. But Wittgenstein is right, on the second motive, that given the dynamic character of linguistic practice, the classical project of semantic theory is a disease that can be removed or ameliorated only by heeding the advice to replace concern with meaning by concern with use. On my view, this does not preclude, however, a different kind of theoretical approach to meaning that avoids the pitfalls of the Procrustean enterprise Wittgenstein complained about. (shrink)

Hegel frequently claimed that the heart of his entire system was a book widely regarded as among the most difficult in the history of philosophy, The Science of Logic. This is the book that presents his metaphysics, an enterprise that he insists can only be properly understood as a “logic,” or a “science of pure thinking.” Since he also wrote that the proper object of any such logic is pure thinking itself, it has always been unclear in just what sense (...) such a science could be a “metaphysics.” -/- Robert B. Pippin offers here a bold, original interpretation of Hegel’s claim that only now, after Kant’s critical breakthrough in philosophy, can we understand how logic can be a metaphysics. Pippin addresses Hegel’s deep, constant reliance on Aristotle’s conception of metaphysics, the difference between Hegel’s project and modern rationalist metaphysics, and the links between the “logic as metaphysics” claim and modern developments in the philosophy of logic. Pippin goes on to explore many other facets of Hegel’s thought, including the significance for a philosophical logic of the self-conscious character of thought, the dynamism of reason in Kant and Hegel, life as a logical category, and what Hegel might mean by the unity of the idea of the true and the idea of the good in the “Absolute Idea.” The culmination of Pippin’s work on Hegel and German idealism, no Hegel scholar or historian of philosophy will want to miss this book. (shrink)

Hegel, in a chapter called “Absolute Knowing,” end his most exciting and original work, the Jena Phenomenology of Spirit, with a quotation, or rather a significant misquotation, of a poet? The poet is Schiller and the poem is his 1782 “Freundschaft” (Friendship). This immediately turns into two questions: Why are the last words not Hegel’s own, and why are they rather a poet’s? I will turn to the details in a moment but, as noted, such an inquiry may not be (...) worth the trouble. Authors, even philosophers (who, with only a few exceptions, are not known for their literary style) like to cite poets.. (shrink)

The Significance of Taste: Kant, Aesthetic and Reflective Judgment ROBERT B. PIPPIN 1? THE FUNDAMENTAL QUESTION of the "Analytic of the Beautiful" in the "Critique of Aesthetic Judgment" is easy enough to identify. On what basis, if any, could one claim some sort of universal a priori validity for judgments of the form, "This is beautiful"? In Kant's well-known analysis of this question, the issue is reformulated as: By what right could one claim that another person ought to feel (...) pleasure in the presence of certain objects? Let us call this the "basic question."' There is controversy enough about what Kant means by this basic question and how a deduction of the validity of such judgments is supposed to work. However, shortly after Kant began serious work on a "Critique of Taste" in ~787, the whole issue became even more complicated when the proposed work became a full-blown Critique of Judgment. The question of aesthetic judg- ment was presented within the new, larger topic of reflective judgment, was presumably thereby linked to the problem of teleological judgments, and so to the great general theme of the whole of the third Critique: the purposiveness I am grateful, for comments and criticisms, to Henry Allison, Volker Gerhardt, Rudolf Makkreel, Miles Rind, and to two anonymous referees for this journal. ' Kant's own formulation: "How is a judgment possible in which the subject, merely on the basis of his own feeling of pleasure in an object,.. (shrink)

Why democracy? Most often this question is met with an appeal to some decidedly moral value, such as equality, liberty, dignity or even peace. But in contemporary democratic societies, there is deep disagreement and conflict about the precise nature and relative worth of these values. And when democracy votes, some of those who lose will see the prevailing outcome as not merely disappointing, but morally intolerable. How should citizens react when confronted with a democratic result that they regard as intolerable? (...) Should they revolt, or instead pursue democratic means of social change? In this book, Robert Talisse argues that each of us has reasons to uphold democracy - even when it makes serious moral errors - and that these reasons are rooted in our most fundamental epistemic commitments. His original and compelling study will be of interest to a wide range of readers in political philosophy and political theory. (shrink)

These two powers or capacities cannot exchange their functions. The understanding can intuit nothing, the senses can think nothing. Only through their union can knowledge arise. But that is no reason for confounding the contribution of either with that of the other; rather is it a strong reason for carefully separating and distinguishing the one from the other. The passages are so well known because Kant laid such massive importance on them. His claims about the strict distinction between these two (...) “sources,” even as he emphasized their necessarily intertwined, even inseparable role in knowledge, was the basis of his critique of the entire prior philosophical tradition, elements of which, he famously claimed, either “sensualized all concepts of the understanding” or “intellectualized” appearances.[i]. (shrink)

Anthropology, History, and Education, first published in 2007, contains all of Kant's major writings on human nature. Some of these works, which were published over a thirty-nine year period between 1764 and 1803, had never before been translated into English. Kant's question 'What is the human being?' is approached indirectly in his famous works on metaphysics, epistemology, moral and legal philosophy, aesthetics and the philosophy of religion, but it is approached directly in his extensive but less well-known writings on physical (...) and cultural anthropology, the philosophy of history, and education which are gathered in the present volume. Kant repeatedly claimed that the question 'What is the human being?' should be philosophy's most fundamental concern, and Anthropology, History, and Education can be seen as effectively presenting his philosophy as a whole in a popular guise. (shrink)

Anthropology from a Pragmatic Point of View essentially reflects the last lectures Kant gave for his annual course in anthropology, which he taught from 1772 until his retirement in 1796. The lectures were published in 1798, with the largest first printing of any of Kant's works. Intended for a broad audience, they reveal not only Kant's unique contribution to the newly emerging discipline of anthropology, but also his desire to offer students a practical view of the world and of humanity's (...) place in it. With its focus on what the human being 'as a free-acting being makes of himself or can and should make of himself,' the Anthropology also offers readers an application of some central elements of Kant's philosophy. This volume offers an annotated translation of the text by Robert B. Louden, together with an introduction by Manfred Kuehn that explores the context and themes of the lectures. (shrink)

An outstanding question for Hybrid dual process models of reasoning is whether both basic and more complex forms of conditional inference result...

Kant's anthropological works represent a very different side of his philosophy, one that stands in sharp contrast to the critical philosophy of the three Critiques. For the most part, Kantian anthropology is an empirical, popular, and, above all, pragmatic enterprise. After tracing its origins both within his own writings and within Enlightenment culture, the Element turns next to an analysis of the structure and several key themes of Kantian anthropology, followed by a discussion of two longstanding contested features - viz., (...) moral anthropology and transcendental anthropology. The Element concludes with a defense of the value and importance of Kantian anthropology, along with replies to a variety of criticisms that have been levelled at it over the years. Kantian anthropology, the author argues, is 'the eye of true philosophy'. (shrink)

My response to Ralston's paper "In Defense of Democracy as a Way of Life," both presented at the Eastern APA meeting (2008).

ABSTRACTThis essay covers two criticisms of Brennan’s Against Democracy. The first charges that the public political ignorance findings upon which Brennan relies are not epistemically nuanced to th...

In Kant's Human Being, Robert B. Louden continues and deepens avenues of research first initiated in his highly acclaimed book, Kant's Impure Ethics.