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)

Books reviewed:John Barton, Joel and Obadiah: A Commentary John P. Meier, A Marginal Jew, Volume III: Companions and CompetitorsWilliam E. Arnal, Jesus and the Village Scribes: Galilean Conflicts and the Setting of QRichard A. Horsley, Hearing the Whole Story: The Politics of Plot in Mark's GospelMaurice Casey, Aramaic Sources of Mark's GospelPhilip Jenkins, Hidden Gospels: How the Search for Jesus Lost its WayChristopher M. Tuckett, Christology and the New Testament: Jesus and His Earliest FollowersMarkus Bockmuehl, The Cambridge Companion to JesusShelly (...) Matthews, First Converts: Rich Pagan Women and the Rhetoric of Mission in Early Judaism and ChristianityStephen J. Davis, The Cult of Saint Thecla: A Tradition of Women's Piety in Late AntiquityJ. Nimmo Smith, A Christian's Guide to Greek Culture. The Pseudo‐Nonnus Commentaries on Sermons 4, 5, 39 and 43 by Gregory of Nazianzus: Introduction, Translation and Notes.David Thomas, Early Moslem Polemic Against Christianity: Abu Isa al‐Warraq's ‘Against the Incarnation’Thomas O'Loughlin, Celtic Theology: Humanity, World and God in Early Irish WritingsCaroline M. Baron and Jenny Stratford, The Church and Learning in Later Medieval Society: Essays in Honour of R. B. Dobson Owen Chadwick, The Early Reformation on the Continent Benson Bobrick, The Making of the English BiblePeter Marhall and Alec Ryrie, The Beginnings of English ProtestantismRobert Tittler, The Reformation and the Towns in England. Politics and Political Culture, c. 1540–1640Peter Marshall, Beliefs and the Dead in Reformation EnglandNicholas Tyacke, Aspects of English Protestantism, c.1530–1700John Coffey, Persecution and Toleration in Protestant England, 1558–1689William Gibson, The Church of England 1688–1832: Unity and AccordWarwick Gould and Marjorie Reeves, Joachim of Fiore and the Myth of the Eternal Evangel in the Nineteenth and Twentieth CenturiesJames M. Byrne, God: Thoughts in an Age of Uncertainty Michael Palmer, The Question of God: An Introduction and SourcebookMichel René Barnes, The Power of God: ΔYNAMIΣ in Gregory of Nyssa's Trinitarian TheologyThomas Aquinas, Disputed Questions on VirtueStanley M. Hauerwas, Wilderness Wanderings: Probing Twentieth‐Century Theology and PhilosophyDavid Toole, Waiting for Godot in Sarajevo: Theological Reflections on Nihilism, Tragedy, and ApocalypseJohn Sullivan, Catholic Education: Distinctive and InclusiveGeorge Dennis O'Brien, The Idea of a Catholic UniversityGunnar Skirbekk and Nils Gilje, A History of Western ThoughtEllen Wagner, Essays on Plato's PsychologyAnthony Kenny, Aquinas on BeingJame Daly, Deals and Ideals: Two Concepts of EnlightenmentManfred Kuehn, Kant: A BiographyP. Travis Kroeker and Bruce K. Ward, Remembering the End: Dostoevsky as Prophet to ModernityStephen Mulhall, Inheritance and Originality: Wittgenstein, Heidegger, KierkegaardDavid Braybrooke, Natural Law ModernizedMaría Pía Lara, Rethinking EvilW. W. Meisner, Freud and PsychoanalysisJennifer Jackson, Truth, Trust and MedicineJeremy Sugarman and Daniel P. Sulmasy, Methods in Medical EthicsH. Tristram Engelhardt, Jr. and Mark J. Cherry, Allocating Scarce Medical Resources: Roman Catholic PerspectivesMaura A. Ryan, The Ethics and Economics of Assisted Reproduction: The Cost of LongingMichael Walsh, Dictionary of Christian Biography. (shrink)

Where Men Hide is a spirited tour of the dark and often dirty places men go to find comfort, camaraderie, relaxation, and escape. Ken Ross's striking photographs and James B. Twitchell's lively analysis trace the evolution of these virtual caves, and question why they are rapidly disappearing. They find that for centuries men have met with each other in underground lairs and clubhouses to conduct business or to bond and indulge in shady entertainments. In these secret dens, certain rules are (...) abandoned while others are obeyed. Twitchell connects the places men hide with figures like Hemingway and Huck Finn, Frederick Jackson Turner's theory of the American frontier, and the mythological interpretations of Joseph Campbell and Robert Bly. Documenting both traditional and contemporary male haunts, Twitchell and Ross examine the provenance, purpose, and appeal of this little-discussed and controversial phenomenon. (shrink)

In virtually all the developed countries of the Western world, people are living longer and reproducing less. At the same time, costs for the care of the elderly and infirm continue to rise dramatically. Given these facts, it should come as no surprise that we are experi encing an ever-increasing concern with questions relating to the proper care and treatment of the aged. What responsibilities do soci eties have to their aging citizens? What duties, if any, do grown chil dren (...) owe their parents? What markers should we use to determine one's status as "elderly"? Does treatment of pain in aged patients present special medical and/or moral problems? How can the com peting claims of autonomy and optimal medical care be reconciled for elderly persons who require assisted living? When, if ever, should severely demented patients be included in nontherapeutic clinical tri als? These questions, and others of similar interest to those con cerned with the proper treatment of the aged, are discussed in depth in the articles included in this text. The essays in this volume of Biomedical Ethics Reviews fall loosely into two broad categories. The first four articles-those con tributed by Sheila M. Neysmith, Allyson Robichaud, Jennifer Jackson, and Susan McCarthy-raise general questions concerning the propri ety of Western society'S current mechanisms for dealing with and treat ing elderly citizens. The remaining four articles-those by Simon Woods and Max Elstein, Marshall B. (shrink)

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.

The following is a chapter of a book and I should say something at the outset about the content of the book. The topic is Hegel’s “social theory of agency,” and that topic, given how the problem of agency is usually understood, raises the immediate question of why anyone would think that “sociality” would have anything at all to do with the “problem of agency.” That problem is understood in a number of ways; most generally – what distinguishes naturally occurring (...) events from actions (if anything)? (Sometimes the question is: what, if anything, distinguishes responsible human doings from what animals do?) The most prominent approach has it that actions are things done intentionally by individuals, purposely, for a purpose. This is sometimes said to mean: acting from or on or because of an intention, although as we shall see this nominalization can be quite misleading. Or, of the many possible descriptions of some occurrence, it is an action is there is a true description which is intentional. This is often taken to mean simply that if you ask a person why he is doing something he can express this intention to explain himself, most often in the form of a reason. He does not (except in extraordinary circumstances) describe why he is acting in the way he might describe what caused his.. (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)

Philosophy and Phenomenological Research, Volume 103, Issue 3, Page 728-733, November 2021.

" In Democratic Hope, Robert B. Westbrook examines the varieties of classical pragmatist thought in the work of John Dewey, William James, and Charles Peirce, ...

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)

Toward a Genealogy of 'Deontology' ROBERT B. LOUDEN [A]ny choice of a conceptual scheme presupposes values. Hilary Putnam, Reason, Truth, and History tN Va'HICS AS ELS~.WHEI~, the basic categories used by writers to mark the conceptual terrain of their field profoundly affect readers' understanding of what is important within the field. And in ethics , most writers who habitually employ the currently accepted categories of their discipline have no knowledge of the particular history of these categories -- of who (...) first coined them, of the purposes for which they were originally intended, of how their meanings have shifted over the years, of how ascending categories have displaced descending ones, of who is primarily responsible for their current meanings, etc. As an illustration of this claim, I propose to examine the history of'deontology' in ethics, with an aim to making the recent topographical shifts within the field less "unknown to ourselves. ''~ Who was the first author to employ "the general, ugly, and familiar head- 1Cf. Nietzsche's opening remark in The Genealogy of Morals: "We are unknown to ourselves, we seekers after knowledge [w/r Erkennendon]" . It is perhaps worth noting at the outset that the following exercise in moral genealogy is not terribly Nietzschean -- I myself accept very little of the specifics of his attack on morality. However, I do concur with Nietzsche's general conviction that moral philosophers.. (shrink)

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.

This is the first book-length study in any language to examine in detail and critically assess the second part of Kant's ethics- -an empirical, impure part, which determines how best to apply pure principles to the human situation. Drawing attention to Kant's under-explored impure ethics, this revealing investigation refutes the common and long-standing misperception that Kants ethics advocates empty formalism. Making detailed use of a variety of Kantian texts never before translated into English, author Robert B. Louden reassesses the (...) strengths and weaknesses of Kantian ethics as a whole, once the second part is re-admitted to its rightful place within Kant's practical philosophy. (shrink)

The Persistence of Subjectivity examines several approaches to, and critiques of, the core notion in the self-understanding and legitimation of the modern, 'bourgeois' form of life: the free, reflective, self-determining subject. Since it is a relatively recent historical development that human beings think of themselves as individual centers of agency, and that one's entitlement to such a self-determining life is absolutely valuable, the issue at stake also involves the question of the historical location of philosophy. What might it mean to (...) take seriously Hegel's claim that philosophical reflection is always reflection on the historical 'actuality' of its own age? Discussing Heidegger, Gadamer, Adorno, Leo Strauss, Manfred Frank, and John McDowell, Robert Pippin attempts to understand how subjectivity arises in contemporary institutional practices such as medicine, as well as in other contexts such as modernism in the visual arts and in the novels of Marcel Proust. (shrink)

In this essay I argue that Kant remained committed to the necessity and fundamental importance of education throughout his career. Like Johann Bernhard Basedow (1724–90), Kant holds that a ‘total transformation’ of schools is necessary, and he holds this view not only in the 1770s but in his later years as well. In building my case I try to refute two recent opposing interpretations – Reinhard Brandt’s position that Kant’s early ‘education enthusiasm’ was later replaced by a politics enthusiasm, and (...) Manfred Kuehn’s view that the increasing importance of autonomy in Kant’s mature ethics leads him to de-emphasize education. (shrink)

'Modernity' has come to refer both to a contested historical category and to an even more contested philosophical and civilisational ideal. In this important collection of essays Robert Pippin takes issue with some prominent assessments of what is or is not philosophically at stake in the idea of a modern revolution in Western civilisation, and presents an alternative view. Professor Pippin disputes many traditional characterisations of the distinctiveness of modern philosophy. In their place he defends claims about agency, freedom, (...) ethical life and modernity itself, all of which are central to the German idealist philosophical tradition, and in particular, to the writings of Hegel. Having considered the Hegelian version of these issues the author explores other accounts as found in Habermas, Strauss, Blumenberg, Nietzsche, and Heidegger. (shrink)

Philosophy and Phenomenological Research, Volume 103, Issue 3, Page 710-713, November 2021.

A brief synopsis of Overdoing Democracy: Why We Must Put Politics in its Place (Oxford University Press, 2019), which introduces the book.

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 conversation, American philosopher Robert Brandom talks about the historical background of his inferentialism, reconstructing the influence of his teachers Wilfrid Sellars and Richard Rorty.

The relationship between philosophy and aesthetic criticism has occupied Robert Pippin throughout his illustrious career. Whether discussing film, literature, or modern and contemporary art, Pippin's claim is that we cannot understand aesthetic objects unless we reckon with the fact that some distinct philosophical issue is integral to their meaning. In his latest offering, Philosophy by Other Means, we are treated to a collection of essays that builds on this larger project, offering profound ruminations on philosophical issues in aesthetics along (...) with revelatory readings of Henry James, Marcel Proust, and J. M. Coetzee. (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)

Republicans hold that freedom is non-domination rather than non-interference. This entails that any instance of interference that does not involve domination is not freedom-lessening. The case for thinking of freedom as non-domination proceeds mostly by way of a handful of highly compelling cases in which it seems intuitive to say of some person that he or she is unfree despite being in fact free from interference. In this essay, I call attention to a kind of case which directs attention to (...) what seems to me to be a highly counterintuitive element of the republican conception of freedom. The challenge to republicanism is that of providing a compelling response to this kind of case. (shrink)

Philosophy and painting: Hegel and Manet -- Politics and ontology: Clark and Fried -- Art and truth: Heidegger and Hegel.

From obnoxious public figures to online trolling and accusations of “fake news”, almost no one seems able to disagree without hostility. But polite discord sounds farfetched when issues are so personal and fundamental that those on opposing sides appear to have no common ground. How do you debate the “enemy”? Philosophers Scott Aikin and Robert Talisse show that disagreeing civilly, even with your sworn enemies, is a crucial part of democracy. Rejecting the popular view that civility requires a polite (...) and concessive attitude, they argue that our biggest challenge is not remaining calm in the face of an opponent, but rather ensuring that our political arguments actually address those on the opposing side. Too often politicians and pundits merely simulate political debate, offering carefully structured caricatures of their opponents. These simulations mimic political argument in a way designed to convince citizens that those with whom they disagree are not worth talking to. Good democracy thrives off conflict, but until we learn the difference between real and simulated arguments we will be doomed to speak at cross-purposes. Aikin and Talisse provide a crash course in political rhetoric for the concerned citizen, showing readers why understanding the structure of arguments is just as vital for a healthy democracy as debate over facts and values. But there’s a sting in the tail - no sooner have we learned rhetorical techniques for better disagreement than these techniques themselves become weapons with which to ignore our enemies, as accusations like “false equivalence” and “ad hominem” are used to silence criticism. Civility requires us to be eternally vigilant to the ways we disagree. (shrink)

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)