Oxford Scholarly Classics brings together a number of great academic works from the archives of Oxford University Press. Reissued in a uniform series design, they will enable libraries, scholars, and students to gain fresh access to some of the finest scholarship of the last century.

This introduction to the review symposium on Ryan Patrick Hanley’s works on the relatively neglected early modern philosopher François Fénelon (1651–1715) provides a brief overview of the symposium itself before turning to Hanley’s treatment of Fénelon’s work on the intersection of politics and religion, culminating in a comparison of Fénelon with his most celebrated admirer, Jean-Jacques Rousseau. The article sketches how both francophone thinkers employ conceptions of divine justice as a measure to counter the dangers of amour-propre, contrasting Fénelon’s thick (...) theology with Rousseau’s thin theology. (shrink)

Liberal thinkers of the eighteenth and nineteenth centuries were alert to the political costs and human cruelties involved in European colonialism, but they also thought that European expansion held out progressive possibilities. In Progress, Pluralism, and Politics David Williams examines the colonial and anti-colonial arguments of Adam Smith, Immanuel Kant, Jeremy Bentham, and L.T. Hobhouse. Williams locates their ambivalent attitude towards European conquest and colonial rule in a set of tensions between the impact of colonialism on European states, the (...) possibilities of progress in distant and diverse places, and the relationship between universalism and cultural pluralism. In so doing he reveals some of the central ambiguities that characterize the ways that liberal thought has dealt with the reality of an illiberal world. Of particular importance are appeals to various forms of universal history, attempts to mediate between the claims of identity and the reality of difference, and the different ways of thinking about the achievement of liberal goods in other places. Pointing to key elements in still ongoing debates within liberal states about how they should relate to illiberal places, Progress, Pluralism, and Politics enriches the discussion on political thought and the relationship between liberalism and colonialism. (shrink)

The Right and the Good, a classic of twentieth-century philosophy by the eminent scholar Sir David Ross, is now presented in a new edition with a substantial introduction by Philip Stratton-Lake, a leading expert on Ross. Ross's book is the pinnacle of ethical intuitionism, which was the dominant moral theory in British philosophy for much of the nineteenth and early twentieth century. Intuitionism is now enjoying a considerable revival, and Stratton-Lake provides the context for a proper understanding of Ross's (...) great work today. (shrink)

Through close readings of the poems and prose essays of Joseph Brodsky, Seamus Heaney, and Geoffrey Hill, Defending Poetry makes a timely intervention in current debates about literature's ethics, arguing that any ethics of literature ought to take into account not only poetry, but also the writings of poets on the value of poetry.

In Prophecy without Contempt, Cathleen Kaveny argues that prevailing scholarly approaches to religious and public discourse misunderstand the actual complexity of moral rhetoric in America. She endeavors to provide a better account through study of the role the Puritan jeremiad has played. Kaveny then offers a normative case for deliberative public moral discourse and the limited exercise of prophetic denunciation. I argue that Kaveny's distinction between deliberation and prophetic denunciation is overdrawn. They are ideal types that elide other rhetorical forms. (...) Moreover, both deliberative discourse and prophetic denunciation assume a social contract or shared tradition. Healthy moral discourse requires revolutionary rhetoric to interrogate and break traditions that are themselves morally compromised. (shrink)

John Stuart Mill’s justification for British rule in India is well known. Less well known and discussed are Mill’s extensive writings on the practice of British rule in India. A close engagement with Mill’s writings on this issue shows Mill was a much more uncertain and anxious imperialist than he is often presented to be. Mill was acutely aware of the difficulties presented by the imperial context in India, he identified a number of very demanding conditions that would have to (...) be met if Britain’s imperial mission was to be successful, and he was very troubled by the dangers posed to this mission from politics in Britain. Toward the end of his life, Mill become much more pessimistic about the progressive possibilities of British colonialism, in part because of what he thought had happened after the transfer of British rule from the East India Company to the British state. A focus on Mill’s arguments about the practice of British rule in India goes some way to providing a more nuanced account of what Mill thought about colonialism. (shrink)

The essays in this focus on race and ethics approach the topic from a variety of perspectives. Yet they all advance a basic claim: race—a euphemism for white supremacy—is an ethical issue too often evaded. The essays demonstrate that the ethics of race is integrally bound up with religion, colonialism, and secularism.

David Williams explores the complex links between Condorcet as visionary ideologist and pragmatic legislator, and between his concept of modernity and the management of change. The Marquis de Condorcet was one of the few Enlightenment thinkers to witness and participate in the French Revolution. Based on an extensive array of printed and original manuscript sources, Williams' analysis of Condorcet's politics will be a major contribution to Enlightenment studies.

If the greatness of a philosophical work can be measured by the volume and vehemence of the public response, there is little question that Rousseau's Social Contract stands out as a masterpiece. Within a week of its publication in 1762 it was banished from France. Soon thereafter, Rousseau fled to Geneva, where he saw the book burned in public. At the same time, many of his contemporaries, such as Kant, considered Rousseau to be 'the Newton of the moral world', as (...) he was the first philosopher to draw attention to the basic dignity of human nature. The Social Contract has never ceased to be read and debated in the 250 years since its publication. Rousseau's Social Contract: An Introduction offers a thorough and systematic tour of this notoriously paradoxical and challenging text. David Lay Williams offers readers a chapter-by-chapter reading of the Social Contract, squarely confronting these interpretive obstacles. The book also features a special extended appendix dedicated to outlining Rousseau's famous conception of the general will, which has been the object of controversy since the Social Contract's publication in 1762. (shrink)

In the past two to three decades health behavior scientists have increasingly emphasized affect-related concepts (including, but not limited to emotion) in their attempts to understand and facilitate change in important health behaviors, such as smoking, eating, physical activity, substance abuse, and sex. This article provides a narrative review of this burgeoning literature, including relevant theory and research on affective response (e.g., hedonic response to eating and drug use), incidental affect (e.g., work-related stress as a determinant of alcohol use), affect (...) processing (e.g., anticipated regret for illicit sex or skipping an exercise session), and affectively charged motivation (e.g., cigarette craving). An integrative dual-processing framework is presented that suggests pathways through which affect-related concepts may interrelate to influence health behavior. (shrink)

The transcripts of the three Kyoto School roundtable discussions of the theme of 'The standpoint of world history and Japan' may now be judged to form the key source text of responsible Pacific War revisionism. Published in the pages of Chuo Koron, the influential magazine of enlightened elite Japanese opinion during the twelve months after Pearl Harbor, these subversive discussions involved four of the finest minds of the second generation of the Kyoto School of philosophy. Tainted by controversy and shrouded (...) in conspiratorial mystery, these transcripts were never republished in Japan after the war, and they have never been translated into English except in selective and often highly biased form. David Williams has now produced the first objective, balanced and close interpretative reading of these three discussions in their entirety since 1943. This version of the wartime Kyoto School transcripts is neither a translation nor a paraphrase but a fuller rendering in reader-friendly English that is convincingly faithful to the spirit of the original texts. The result is a masterpiece of interpretation and inter-cultural understanding between the Confucian East and the liberal West. Seventy years after Tojo came to power, these documents of the Japanese resistance to his wartime government and policies exercise a unique claim on students of Japanese history and thought today because of their unrivalled revelatory potential within the vast literature on the Pacific War. The Philosophy of Japanese Wartime Resistance may therefore stand as the most trenchant analysis of the political, philosophic and legal foundations of the place of the Pacific War in modern Japanese history yet to appear in any language. (shrink)

This essay is an exploration in ethical rhetoric, specifically, the ethics of comparing the status of fetuses and animals to enslaved Africans. On the view of those who make such comparisons, the fetus is treated as a slave through abortion, reproductive technologies, and stem cell research, while animals are enslaved through factory farming, experimentation, and as laborers, circus performers, and the like. I explore how the apotheosis of the fetus and the humanization of animals represent the flipside of the subjugation (...) and animalization of black people. At their ethical best, those who compare aborted fetuses and abused animals with enslaved black people have laudable ethical goals. The anti-abortion right and the animal rights left, respectively, wish to abolish abortion and the unethical treatment of animals. They seek, respectively, to reimagine the ethical-political status of the fetus and to criticize the animalization of animals, the practice of constructing them as beasts. While sympathetic to these goals, I worry about the comparative diminution of the historical, literal enslavement of black people. To what extent, I ask, does the comparative ethical rhetoric of fetal slaves and animal slaves affect historical constructions of black people as beastly and disposable? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justice and the General Will:Affirming Rousseau's Ancient OrientationDavid Lay WilliamsThere is much confusion about how to characterize the work of Jean-Jacques Rousseau. His thought has at various times been related to such dissimilar thinkers as Plato and Hobbes. From Plato he is said to have acquired his affinities for community and civic virtue. And one does not have to look too hard to find his praise for the great (...) sage of the Academy: "Plato only purified the heart of man."1 He was often eager to affiliate his ideas with those of antiquity. He yearned for modern society to rekindle the flames of a once-great civilization. "[W]hat keeps us [the moderns] from being men like them [the ancients]? Our prejudices, our base philosophy, and the passions of petty self-interest, concentrated together with egoism in all hearts by inept institutions in which genius never had any share."2 Despite his obvious admiration for the perceived greater ideas of the past, however, Rousseau also expressed some skepticism. James Miller has suggested that he held Plato's theory of the Forms to be unsustainable.3 Allan Bloom has likewise argued that Rousseau's "teaching is not... a revival of those of Plato.... If he admires the practice of antiquity, he does not accept the theory."4This has led many to argue that Rousseau is best understood as student of Thomas Hobbes. Roger D. Masters, for example, has suggested that "Rousseau's principles of political right can... be best described as a reformulation [End Page 383] of Hobbes' conception of the social contract."5 Arthur Melzer also argues, "The purpose of the doctrine Rousseau elaborates in the Social Contract is essentially the same [as Hobbes']."6 This view is argued on the grounds that the General Will is a positive or arbitrary standard, functioning as the primary principle of Rousseau's constructive political program. Yet the vision of Rousseau as a Hobbesian or modernist also merits skepticism. While he employs a social contract, as does Hobbes, he explicitly rejects traditional forms of positivism. "What is good and conformable to order is so by the nature of things and independently of human conventions."7 Whatever one might say about such passages, it at least raises the possibility that Rousseau is no modernist in the Straussian sense of defining Justice as human agreement.Much of what contributes to the conflicting interpretations of Rousseau can be attributed to different understandings of the relative priority and relationship of two central concepts in his writings. One of these is the well-discussed notion of the General Will. The dominant fashion is to read the General Will as a conventional substitute for natural law or transcendent Ideas. According to this reading, the General Will is grounded on nothing more than consent and functions as the first principle of all legitimate political societies. The other term central to Rousseau's program is the far less discussed but equally important concept of Justice. Little has been written on his understanding of Justice and, for that matter, he himself rarely discussed it explicitly. But it, too, could also be considered a primary principle. While it would be foolish to dismiss the importance of the General Will to Rousseau, it would be equally problematic to explore it independently of his Idea of Justice. The question in understanding his work is which of these two principles—the General Will or Justice—is primary or fundamental. If it is the General Will, a case can be made that the Straussians are right, and Rousseau is a positivist. If Justice is prior, on the other hand, then there is reason to believe that he was something much different.I argue that the positivist reading of Rousseau is flawed. Indeed, my thesis is that he is among the greatest and most thorough Platonists of the modern era.8 His rejection of Hobbes is not merely rhetorical. In fact, it represents the [End Page 384] true impetus of his social contract. This contract is designed explicitly to counter Hobbesian positivism. In the same way that Plato responds to Protagoras' positivism with his theory of the Forms, Rousseau responds to Hobbes... (shrink)

The goal of this essay is three fold: first, to describe briefly the “sublation thesis”; second, to show how Robert Neville’s Philosophical Theology evades the thesis; and, third, to assess the compatibility of Neville’s metaphysics and pragmatic naturalism. Traditionally, the philosophy of religion addresses a small bundle of interrelated issues: arguments regarding the existence, nature, and knowledge of God, the rationality of belief, and the problem of evil. Early modern forms of the philosophy of religion also address the immortality of (...) the soul and the possibility of miracles. All of these issues ride the back, so to speak, of confessional theological concerns. The sublation thesis is an idea regarding the... (shrink)

Four of the articles in this "Special Issue: Race and Antiblackness in American Philosophy and Theology" were first presented as papers at the 2017 annual meeting of the Institute of American Philosophy and Theology. The conference theme was "Race, Antiblackness, and Philosophy." As the truism holds, "race" is a construct. But constructs are real—every bit as real as rocks and minds. Constructs, such as race, are the sum of their effects: consequent rather than antecedent realities, historical products of our practices, (...) theories, and judgments. The meaning and salience of race is not uniform but signifies most powerfully around a white/black binary. This binary semiotic orders the meaning of race, the... (shrink)

Georg Lukac's most recent work of literary criticism, on the Nobel Prize winner Alexander Solzhenitsyn, hails the Russian author as a major force in redirecting socialist realism toward the level it once occupied in the 1920s when Soviet writers portrayed the turbulent transition to socialist society.In the first essay Lukacs compares the novella One Day in the Life of Ivan Denisovich to short pieces by "bourgeois" writers Conrad and Hemingway and explains the nature of Solzhenitsyn's criticism of the Stalinist period (...) implied in the situation, characters, and their interaction. He also briefly describes Matriona's House, An Incident at the Kretchetovka Station, and For the Good of the Cause -- stories that depict various aspects of life in Stalinist Russia.In the second, longer section, Lukacs greets Solzhenitsyn's novels The First Circle and Cancer Ward, which were published outside Russia, as representing "a new high point in contemporary world literature." These books mark Solzhenitsyn as heir to the best tendencies in postrevolutionary socialist realism and to the literary tradition of Tolstoy and Dostoevsky. Moreover, from the point of view of the development of the novel, Lukacs finds the Russian author to be a successful exponent of innovative methods originating in Thomas Mann's The Magic Mountain.The central problem of contemporary socialist realism is a predominant theme in the book: how to come to critical terms with the legacy of Stalin. The enthusiasm with which Lukacs acclaims Solzhenitsyn will not surprise those who have followed his persistent refusal to endorse the so-called socialist realist writers of the Stalinist era. He outlines the aspects of Solzhenitsyn's creative method that allows him to cross the ideological boudaries of the Stalinist tradition, yet he finds a basic pessimism in Solzhenitsyn's work that makes him a "plebeian" rather than a socialist writer.Of Ivan Denisovich and the future of socialist realist literature, Lukacs urges: "If socialist writers were to reflect upon their task, if they were again to feel an artistic responsibiliity towards the great problems of the present, powerful forces could be unleashed leading in the direction of relevant socialist literature. In this process of transformation and renewal, which signifies an abrupt departure from the socialist realism of the Stalin era, the role of landmark on the road to the future falls to Solzhenitsyn's story.". (shrink)

While Thomas Hobbes is not typically cited as a philosopher concerned with economic inequality, there is a great deal of evidence in his writings to suggest that he was aware of inequality and worried about its effects on the commonwealth. This essay first contextualizes Hobbes in the development of the 17th-century English political economy to understand the mercantilist milieu that might have shaped Hobbes’s thoughts. Second, it then explores Hobbes’s thoughts on wealth, poverty, and inequality, as outlined in his major (...) political works – revealing distinctively Hobbesian grounds for understanding these phenomena. Third and finally, it explores Hobbes’s constructive political philosophy for means by which he might offer prescriptions for addressing them. (shrink)

This book argues that Western studies of East-Asian politics are generally flawed due to their adherence to the premise that liberal democracy is the best form of governance. The book rejects the three main schools of the Western interpretation of Oriental politics and instead examines the border-transcending powers of Confucianism that have, over more than twenty-two centuries, transformed the politics of East Asia. By circumventing the fundamental methodical and ethical assumptions of the Anglophone hegemonic discourse on the politics of the (...) non-Western world, it effectively presents an alternative to traditional Western interpretations of East Asian politics. Written in an erudite and engaging way this book will be a valuable resource for scholars and students of Asian studies, Asian politics and political philosophy. (shrink)

Most people do not think to observe geology from the sidewalks of a major city, but all David B. Williams has to do is look at building stone in any urban center to find a range of rocks equal to any assembled by plate tectonics. In Stories in Stone, he takes you on explorations to find 3.5-billion-year-old rock that looks like swirled pink-and-black taffy, a gas station made of petrified wood, and a Florida fort that has withstood three hundred (...) years of attacks and hurricanes, despite being made of a stone that has the consistency of a granola bar. Williams also weaves in the cultural history of stone, explaining why a white fossil-rich limestone from Indiana became the only building stone used in all fifty states; how in 1825, the construction of the Bunker Hill Monument led to America’s first commercial railroad; and why when the same kind of marble used by Michelangelo clad a Chicago skyscraper it warped so much after nineteen years that all 44,000 panels of it had to be replaced. This love letter to building stone brings to life the geology you can see in the structures of every city. (shrink)

Although many commentators on Rousseau’s philosophy have noted its affinities with Platonism and acknowledged the debt that Rousseau himself expressed to Plato on numerous occasions, David Williams is the first to offer a thoroughgoing, systematic examination of this linkage. His contributions to the scholarship on Rousseau in this book are threefold: he enters the debate over whether Rousseau is a Hobbesian or a Platonist with a decisive argument supporting the latter position; he tackles from a new angle the ever-challenging (...) question of unity in Rousseau’s thought; and he explores the dynamic metaphor of the chain throughout Rousseau’s writings as a key to understanding them as inspired by Platonism. The book is organized into three main parts. The first sketches the background of Platonism and materialist positivism in modern European metaphysics and political philosophy that provided the context for Rousseau’s intellectual development. The second examines Rousseau’s choice of Platonism over positivism and its consequences for his philosophy generally. The third addresses the legacy of Rousseau’s thought and its appropriation by Kant, Marx, and Foucault, suggesting that in an age where materialism and relativism are rife, Rousseau may have much to teach us about how we view our own society and can engage in constructive critique of it. (shrink)

This book puts forward a revisionist view of Japanese wartime thinking. It seeks to explore why Japanese intellectuals, historians and philosophers of the time insisted that Japan had to turn its back on the West and attack the United States and the British Empire. Based on a close reading of the texts written by members of the highly influential Kyoto School, and revisiting the dialogue between the Kyoto School and the German philosopher Heidegger, it argues that the work of Kyoto (...) thinkers cannot be dismissed as mere fascist propaganda, and that this work, in which race is a key theme, constitutes a reasoned case for a post-White world. The author also argues that this theme is increasingly relevant at present, as demographic changes are set to transform the political and social landscape of North America and Western Europe over the next fifty years. (shrink)

The shape and turnover of photoreceptor membranes appears to depend on associated actin filaments. In dipterans, the photoreceptor membrane is microvillar. It is turned over by the addition of new membrane at the bases of the microvilli and by subsequent shedding, mostly from the distal ends. Each microvillus contains actin filaments as a component of its cytoskeletal core. Two myosin I‐like proteins co‐localize with the actin filaments. It is suggested that one of the myosin I‐like proteins might be linked to (...) the microvillar membrane. By interacting with the actin filaments, this motor should move the membrane of a microvillus in a distal direction, thus providing a possible mechanism for the turnover of the membrane.A vertebrate photoreceptor cell contains a small cluster of actin filaments in its connecting cilium at the site where new transductive disk membranes are formed. Disruption of the actin filaments perturbs disk morphogenesis. The most likely explanation for this perturbation is that the process of initiating a new disk is inhibited. Conventional myosin (myosin II) is found in the connecting cilium with the same distribution as actin. A simple model is proposed to illustrate how the actin–myosin system of the connecting cilium might function to initiate the morphogenesis of a disk membrane. (shrink)

ABSTRACT Terrorism is perhaps the greatest challenge of the contemporary age. Of all the canonical figures in political theory, Thomas Hobbes is the most likely candidate to offer genuine insight into this problem. Yet although his analysis of the state of nature is immediately relevant to the diagnosis of this problem, his metaphysics cannot sustain his politics. His aspiration to “immutable” natural laws grounded in the universal motivation of the fear of death crumble when this fear is no longer universal. (...) When terrorists are inspired by a religious ideology that makes them willing to die for their beliefs—and when they benefit from other asymmetries with the civilian populations against which they are arrayed—Hobbes the theorist of war and international relations becomes less relevant than Hobbes the prescriber of “rational” (fearfully pacific) human nature. (shrink)

Rousseau's Reveries of a Solitary Walker is enigmatic. It reveals many influences and addresses even more themes. For these reasons and others, political theorists have tended to ignore it in favour of his more overtly political works. Yet to dismiss his last work is to neglect what might be a useful tool in unlocking his political theory. This article argues that the Reveries confirm what many have recently suggested-- that Rousseau is a Platonist in many important respects. Further, it holds (...) that his particular brand of Platonism as espoused in the Reveries provides essential epistemic information necessary to carry out his democratic politics--indeed, one far more democratic than Plato's, yet consistent with a Platonic metaphysics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.2 (2004) 224-225 [Access article in PDF] Ross Harrison. Hobbes, Locke, and Confusion's Masterpiece: An Examination of Seventeenth-Century Political Philosophy. New York: Cambridge University Press, 2003. Pp. v + 281. Cloth, $65.00. Paper, $23.00. The title of Ross Harrison's book is taken from Macduff's line in Macbeth, "[c]onfusion now have made his masterpiece," in reference to the discovery of a murdered king. Regicide (...) was a particularly unsettling crime in the day of Shakespeare, as Harrison reminds us, since kings were often associated with divinity (2). And perhaps it was their obvious and fragile mortality, as witnessed by the killing of King Charles I, that served to further unsettle what had previously been taken for granted in the modern world—the very foundations of the state. Today, Jürgen Habermas informs us from the perspective of critical theory that we live in a "postmetaphysical condition," where we can no longer count on the apparatus of Christian natural law or Platonic Ideas to justify the state and its laws. Practically, the difficulty in Iraq of bringing together the various religious perspectives of Sunnis, Shiites, Kurds, Christians, and others suggests that different religions or even varying interpretations of the same religion provide formidable barriers to the foundation of political systems. How do we bring people of different worldviews and perspectives together into one state? The great virtue of Harrison's book is the reminder that this is not a new problem. Rather, it resides at the core of the greatest challenges for political philosophy in any age. This challenge inspires what Harrison calls "some of the greatest and most important political philosophy ever written" (1).Thomas Hobbes is the first to receive extensive attention. Harrison provides a careful step-by-step analysis of Hobbes's reasoning in Leviathan. His affection for Hobbes is thinly veiled, as he parenthetically refers to Leviathan as "the greatest work of the greatest political philosopher" (62). Much of his account is standard, as he skillfully walks the reader from Hobbes's fascination with science to the sweeping authority of the sovereign. What is particularly worthy of note is his attention to the matter of foundations in Hobbes. Here his characterization reminds us of the eternality of Hobbes's central problem: "... how in a sceptical age to make statements of human reason that can depend on something fixed, or generally agreed" (64). Having found God superfluous to the question, according to Harrison, Hobbes ultimately employs prudence in relation to self-interest to be this fixed object. Since prudence—particularly its response to threats of violence—is the one element shared by all peoples, regardless of their religious or moral commitments, it makes the most sturdy foundation of political reasoning.The second object of extended attention is John Locke. And as was the case with his treatment of Hobbes, Harrison again looks to the foundations. As most readers of Locke are aware, the law of nature plays a central role in his thought, and if one is to get to the foundations of his politics, then one must unravel its mysteries. Locke makes solving these mysteries difficult for readers by denying the existence of innate ideas in the Essay. Locke makes his own task of grounding his theory difficult by doing just the same—denying the existence of innate ideas. Grounding natural law is made even more troublesome by his apparent appeals to these very same innate ideas on two occasions in the Second Treatise (§11, §136). It is perhaps in his own confusion that, according to Harrison, he "falls back, [End Page 224] after all, on revelation" (180). This is particularly unsatisfactory for Harrison, since revelation is characterized by the indeterminacy that led to the political conflict between Protestants and Catholics in modern England and eventually to the works of Hobbes and Locke in the first place.Shorter chapters are devoted to Grotius, Pufendorf, and the less-celebrated sixteenth-century figure, John Ponet. Ponet is found to appeal... (shrink)

Analysis of the light‐induced changes of cytosolic Ca2+ ([Ca2+]i) in photoreceptor cells has been taken a step further with two recently published studies(1,2). In one, changes in [Ca2+]i were measured in single detached rod outer segments from Gecko in response to various light intensities. The advances of the other(2) are embodied in its employment of transgenic Drosophila, whose photoreceptors express a visual pigment that is insensitive to the wavelength of light used in the fluorescence imaging of [Ca2+]i. These studies provide (...) a better basis for understanding the regulation of Ca2+‐mediated events in photoreceptor cells. (shrink)

In the founding documents of this country one finds appeals both to the sovereignty of the people and to abstract notions of rights, "justice," and "the common good". These two ideas are evoked almost as if there were no sense on behalf of the framers that these two ideas simultaneously held create a philosophic tension. Yet as history informs us, they are often contradictory in content. This theme was explored by Rousseau in his distinction of the general will versus the (...) will of all. For Rousseau, the answer to political legitimacy was simple: it was found in the general will, the embodiment of transcendent political ideas. ;Rousseau's choice is one which mirrors that of the American founders. And in doing so they have taken a necessary step in law and state formation: the appeal to Platonism. But, ironically, this appeal does not mean that the popular will has no place in the law. In fact, a careful reading of Plato will render precisely the opposite conclusion: that a sound state built upon transcendent ideas must take into account a number of important empirical considerations, perhaps most significant among these being the will of the people. These ideas are not, however, the determinate Forms from the Phaedo, but rather the indeterminate concepts which guide the Athenian Stranger in his construction of the constitution of Magnesia in the Laws. Given this ontological characteristic of the Forms, the author of a state must have a broad understanding of empirical circumstances including human nature, while serving the demands of the universal ideas. In this light, one must realize that the law will be of no service to its highest aspirations unless it can be written in a manner that the people will act in accordance with it But the lawgiver also relies on this body for the articulation of the higher ideas. Thus the people are at once an obstacle to and a conduit of a higher law. To the extent, however, that democratic theory fails to confront its foundations in such a manner, it becomes mired in confusion. (shrink)