According to contemporary legal positivism, law claims to create obligations. In order for law to be able to create obligations, it must be capable of having authority. Legal positivism claims that for law to be capable of having authority, it only has to meet non-moral or non-normative conditions of authority. In this paper it is argued that law can only be capable of having authority if it also meets certain normative conditions. But if something must meet certain normative conditions in (...) order to be capable of having authority and if it must be capable of having authority in order to be law, then it is only law if it is conceivable that it meets these normative conditions and this can only be ascertained by means of an evaluation. Therefore, legal positivism's claim that determining what the law is does not necessarily, or conceptually, depend on moral or other evaluative considerations (the separation thesis) is incompatible with its claim that law must be able to create obligations. Further, an analysis of Hart's concept of law shows that it is not only possible that the identification of the law depends on moral evaluation, as Hart claims, but that it is conceptually necessary that it does. (shrink)

Even if preventive military counter-terrorism may sometimes be ethically justifiable, it remains an open question whether the Bush Doctrine presents a discursively coherent account of the relevant normative conditions. With a view towards answering this question, this article critically examines efforts to ground the morally personifying language of the Bush Doctrine in term of hegemonic stability theory. Particular critical attention is paid to the arguments of leading proponents of this brand of game theory, including J. Yoo, E. Posner, A. Sykes, (...) and J. Goldsmith. When examined in their terms, the Bush Doctine is best understood as an ethically hypocritical and shortsighted international discursive strategy. Its use of moralistic language in demonizing 'rogue states' for purely amoral purposes is normatively incoherent and discursively unsustainable. If it is a strategically rational piece of international communication, it seems designed to undermine globally shared normative meanings for the sake of short-term unilateral military advantage. (shrink)

(2013). Hume's Theory of Pity and Malice. British Journal for the History of Philosophy: Vol. 21, No. 2, pp. 324-344. doi: 10.1080/09608788.2012.692664.

This paper explores two feminist contributions to the analysis of the social contract tradition, comparing the political philosophy of Carole Pateman with the moral theory of Jean Hampton, to ask two questions. First, which points must feminists continue to argue in their critique of the social contract tradition today? The second question is: Can feminists actually draw anything from the social contract tradition today? It argues that Pateman's critique of contractarianism continues to be useful when read in the context of (...) her analysis of “self‐ownership” and subordination rather than as a rewriting of the social contract. Hampton's deployment of a Kantian test for the failure of respect for personhood within domestic (and other) relationships does not undermine Pateman's position. Consideration of how such an ideal can be understood as potentially compatible with Pateman's perspective raises issues about the radical potential within claims for equal respect for personhood. In Hampton's work, widespread “test failure” can be used to indicate that political action rather than moral analysis is required. Hampton assumes that those employing the test are able to abstract themselves sufficiently from their current position to imagine what it would be to be treated as a person. It is argued that this “moral test” should be envisaged as being asked in concert with others, at which point it has the potential to become political action. (shrink)

How can abductive reasoning be physical, feasible, and reliable? This is Fodor’s riddle of abduction, and its apparent intractability is the cause of Fodor’s recent pessimism regarding the prospects for cognitive science. I argue that this riddle can be solved if we augment the computational theory of mind to allow for non-computational mental processes, such as those posited by classical associationists and contemporary connectionists. The resulting hybrid theory appeals to computational mechanisms to explain the semantic coherence of inference and associative (...) mechanisms to explain the efficient retrieval of relevant information from memory. The interaction of these mechanisms explains how abduction can be physical, feasible, and reliable. (shrink)

Social thinkers often use the concept of intersubjectivity to mark out a problem of theoretical sociology: If people are unable to look into each others' minds, why do they often understand each other nonetheless? This issue has been debated extensively by philosophers and sociologists in three largely disconnected discourses. The article investigates the three discourses for isolable ideas that can be fitted into a sociological answer to the problem of intersubjectivity. An interactional solution, fully coherent with key insights from the (...) discourses, is offered at the end of the article. Its main point is to identify coordinative interactional mechanisms that compel participants to "make themselves understandable" vis-à-vis their interaction partners. (shrink)

Though genuine (voluntary, deliberate) consent of the governed does not occur in modern states, political legitimacy still requires something that does what consent does. Dereification of the state (recognizing that citizens continually create their state), combined with a defensible notion of moral responsibility, entails citizens' moral responsibility for their state. This implies that we may treat citizens morally as if they consented to their state, yielding a moral equivalent of consent of the governed, and a conception of political legitimacy applicable (...) to modern states thought legitimate. It implies that legitimate states have a moral right to rule, and their citizens have a prima facie moral obligation to obey the law. (shrink)

: A threat to women is obscured when we treat "abortion-as-evacuation" as equivalent to "abortion-as-killing." This holds only if evacuating a fetus kills it. As technology advances, the equivalence will fail. Any feminist account of abortion that relies on the equivalence leaves moral room for women to be required to give up their fetuses to others when it fails. So an account of the justification of abortion-as-killing is needed that does not depend on the equivalence.

A threat to women is obscured when we treat “abortion-as-evacuation” as equivalent to “abortion-as-killing.” This holds only if evacuating a fetus kills it. As technology advances, the equivalence will fail. Any feminist account of abortion that relies on the equivalence leaves moral room for women to be required to give up their fetuses to others when it fails. So an account of the justification of abortion-as-killing is needed that does not depend on the equivalence.

Faced with the ongoing tragedy of poverty, ethicists call for effective measures of global justice to set up just institutional structures. Their arguments for a transnational obligation to help however remain contested, one of the main reasons for that being the lack of motivational support for trans-national visions of global justice. This articles suggests that the debate will gain new and helpful insights if it studies the motivational mechanisms at work in the dominant religious and cultural traditions, asking: How do (...) these particular traditions conceive of social justice; how do they motivate their adherents to extend solidarity? And how can the similarities surfacing in their motivational strategies be informative for the quest to devise a motivationally saturated account of global justice? The article demonstrates the potential of such an concrete-universal discourse in an exemplary manner by staging a dialogue between public Christian Social Ethics and African Ubuntu Ethics. (shrink)

Cybernetics, or self-governance of animal and machine, requires the ability to sense the world and to act on it in an appropriate manner. Likewise, self-governance of a human society requires groups of people to collectively sense and act on their environment. I argue that the evolution of political systems is characterized by a series of innovations that attempt to solve two ‘scalability’ problems: scaling up a group’s ability to make sense of an increasingly complex world, and to cooperate in increasingly (...) larger groups. I then explore some recent efforts toward using the Internet and social media to provide alternative means for addressing these scalability challenges, under the banners of crowdsourcing and computer-supported argumentation. I present some lessons from those efforts about the limits of technology, and the research directions more likely to bear fruit. (shrink)

Recent rapid advances in Artificial Intelligence and Machine Learning have raised many questions about the regulatory and governance mechanisms for autonomous machines. Many commentators, scholars, and policy-makers now call for ensuring that algorithms governing our lives are transparent, fair, and accountable. Here, I propose a conceptual framework for the regulation of AI and algorithmic systems. I argue that we need tools to program, debug and maintain an algorithmic social contract, a pact between various human stakeholders, mediated by machines. To achieve (...) this, we can adapt the concept of human-in-the-loop from the fields of modeling and simulation, and interactive machine learning. In particular, I propose an agenda I call society-in-the-loop, which combines the HITL control paradigm with mechanisms for negotiating the values of various stakeholders affected by AI systems, and monitoring compliance with the agreement. In short, ‘SITL = HITL + Social Contract.’. (shrink)

Research Articles Paul A. Rahe, Social Philosophy and Policy, FirstView Article.

Fear, which has always been one of the most powerful of human passions, has grown in importance during modernity. First with Machiavelli and later especially with Hobbes, fear has become one of the foundational ideas of modern political philosophy. If fear, especially fear of death, does indeed occupy a central place in the foundation of modern politics, then it is necessary to study carefully the implications and consequences of the transhumanist attempt to overcome death. Among the main aspirations of transhumanism (...) is the search for almost infinite longevity and, eventually, the total abolition of aging. Therefore, it is necessary to understand the specific role that fear of death has played in modern political philosophy to understand the possible effects that an eventual overcoming of death would have, albeit partial, as wanted by transhumanists. While the possibility of achieving immortality seems unlikely, this doesn’t mean that we shouldn’t study what’s behind this transhumanist aspiration. In this way, transhumanism seems the final consequence of modern development, since it’s in continuity with the modern attempt to respond to the fear of death, but it does so by trying an ultimate solution to it through the elimination of death, at least by sickness and old age. In this paper, we will review the role of fear of death in the founding of modern political philosophy by Machiavelli and Hobbes, and then we will analyse the transhumanist attempt to overcome death as a consequence of this fear and its possible political effects. (shrink)

This paper considers the relation between mytho-poetic narrative and practical philosophy in an Idealist/Romantic fragment, usually attributed to Hegel, known as the ‘System-programme’. Like many works of the young Hegel, the text seeks political reform through a reform of religion and suggests that for politics to be truly motivating reason must be embedded in mytho-poetic discourse. This Hegelian ‘reform’ is in the service of a new, sensuous, practical rationality and a motivating political praxis. The paper places these issues in the (...) context of the religious thought of J.J. Rousseau, particularly his religious themes, as presented in The Social Contract . The paper also connects these issues to a political problem identified in recent work by Simon Critchley, the problem of practical or moral motivation. Critchley claims that while citizens of secular, liberal, democratic societies experience the political norms that shape their lives as externally binding, these norms are not internally compelling. Against this he claims that what are motivating are frameworks of belief that call the secular project into question. At least one of Critchley’s solutions to this problem is connected to the sphere of the religious. While accepting the idea that connecting social and political problems to religion can render them motivating, this paper will withhold from endorsing either the solution offered by the young Hegel in the ‘System-programme’ or Critchley’s, and raises doubts also about the Rousseauian response . It argues that these solutions fail to adequately address the problem they face: how to render contemporary political life internally compelling for modern political subjects? (shrink)

The paper addresses Giorgio Agamben’s affirmation of post-sovereign politics by analyzing his critical engagement with the Hobbesian problematic of the state of nature. Radicalizing Carl Schmitt’s criticism of Hobbes, Agamben deconstructs the distinction between the state of nature and the civil order of the Commonwealth by demonstrating the ‘inclusive exclusion’ of the former within the latter in the manner of the state of exception, which functions as a negative foundation of any positive order. Since the state of nature is no (...) longer cast as spatially external and temporally antecedent to the former, it cannot be escaped by the perfection of the legal order, nor can it itself be posited in an essentialist manner as a pre-political site uncontaminated by sovereign violence. While denying any way out of the state of exception, Agamben nonetheless argues for the possibility of its appropriation in the way that dissociates anomie from the locus of sovereignty and reclaims it as an attribute of free social praxis. The paper analyzes three central features of this ‘post-sovereign’ politics and concludes with a discussion of the differences between Schmitt and Agamben with regard to the fate of Hobbes ’s Leviathan in late modern politics. (shrink)

Hume's account of the roots of justice focuses on the need to secure possession against the corrosive effects of unrestrained avidity. The reasons for this focus lie deep in his understanding of human psychology, especially, the mimetic passions shaped by the principles of sympathy, social referencing, and reversal comparison. The need for esteem drives human beings to attach their pride to those things they think are especially valued by those whom they especially admire. Most predominant among these goods are riches (...) and possessions. Intense competition for these scarce goods puts the material and psychological survival of all in jeopardy. Conventions of justice are needed to civilize and channel avidity, transforming it from open and deadly violence and secret envy and malice into productive and public emulation. (shrink)

What does it mean to be irresponsible in developing or using a technology? There are two fundamentally different answers to this question and they each generate research strands that differ in scope, style and applicability. To capture this difference, I make use of two mythical creatures of Jewish origin that have been employed in the past to represent relationships between man and man-made entities: the Golem (Collins and Pinch, 2002, 2005 ) and the Leviathan (Hobbes, 1994 ). The Golem is (...) the traditional image of technology as a creature that can be helpful but needs to be controlled. Irresponsibility in this perspective is the failure to exercise control. The Leviathan is the image of technology as a difficult compromise between fundamental values. Irresponsibility is in this perspective is allowing some values to systematically dominate others. Having worked out the basics of these images, I show that each comes with its specific methodological challenges: where the Golem gives rise to the Collingridge Dilemma of control, the Leviathan gives rise to Münchhausen’s trilemma of justification. Since the Golem image is predominant in scholarship on irresponsibility, I conclude with an appeal for a more equal distribution of efforts in conceptualizing technologies as Golems and as Leviathans. (shrink)

The accurate illustration of the contemporary refugee subject has presented an unprecedented theoretical, epistemological and methodological challenge to all fields of academic research. Seeking for alternative philosophical modalities capable of liberating refugee representation from the suffocating threat–victim bipolarity, this article critically investigates Giorgio Agamben and Judith Butler’s theoretical perspectives on refugee subjectivity. Section 1 systematises the dominant tropes of refugee representation either as dehumanised threats or depoliticised victims. Section 2 introduces the readers to Giorgio Agamben’s emblematic homo sacer as a (...) potentially fertile reconceptualisation of refugee subjectivity. In this context, Judith Butler’s critique on the Agambenian bare life is presented in two core pillars. Following one Butlerian claim, we trace the Agambenian inadequacy to successfully overcome the contemporary threat–victim mode of refugee representation in the absence of an empowering theoretical account of the homo sacer’s agentic and resisting capacities. In Section 4, we explore Judith Butler’s main argument regarding the constitutively political character of vulnerable refugee existence. By designating the Butlerian constellation of vulnerability and agency as an invigorating alternative perspective on modern refugee representation, we finally argue that Butler’s epistemological framework provides a more agonistic and nuanced theorisation of refugee subjectivity than Agamben. (shrink)

Against the standard interpretation of Kant's ‘Copernican revolution’ as the prioritization of epistemology over ontology, I argue in this paper that his critique of traditional metaphysics must be seen as a farewell to the perfectionism on which early modern rationalist ontology and epistemology are built. However, Kant does not simply replace ‘perfection’ with another fundamental concept of normativity. More radically, Kant realizes that it is not simply ideas but only the relation of ideas that can be subject to norms, and (...) thus he shifts the focus from the reality of ideas to the validity of judgments. Section 1 of this paper clarifies the pre-Kantian role of the concept of perfection and examines Kant's critical response to that concept. Section 2 identifies Kant's point of departure from the Cartesian ‘way of ideas.’ Section 3 explains the key problem of his novel account of epistemic normativity. I conclude that Kant's anti-perfectionism must be seen as the driving force behind his ‘Copernican revolution’ in order to fully appreciate his mature account of epistemic normativity. (shrink)

1. To be moral is to be moved to act by reason; and to be moved to act by reason is to be moved by the good. This venerable platitude raises many questions. Some are about the nature of goodness it...

The paper examines the place of power in the action theories of Francisco Suarez and Thomas Hobbes. Power is the capacity to produce or determine outcomes. Two cases of power are examined. The first is freedom or the power of agents to determine for themselves what they do. The second is motivation, which involves a power to which agents are subject, and by which they are moved to pursue a goal. Suarez, in the Metaphysical Disputations, uses Aristotelian causation to model (...) these two forms of power. Freedom is efficient causation, but in a special form that I explain as involving something that ordinary causation does not – the contingent determination of outcomes. Motivating power is final causation, which Suarez characterizes as the power of a goal or end to move us to attain it through its goodness or desirability. Suarez regards these two forms of power as consistent – we can be moved by the goodness of a goal freely to determine for ourselves that we act in order to attain it. Hobbes denied the existence of all forms of power beyond ordinary causation, the power of one motion in matter to determine another. So he denied the very existence both of freedom and of any form of motivating power beyond the ordinary causal power of desires as materially based psychological states to produce actions. The goodness itself of a goal never moves us, whether to desire the goal in the first place or to act in order to attain it. The paper examines Hobbes’s arguments and their consequence – establishing the foundations for Hume’s scepticism about practical reason. (shrink)

Recently, the ‘right to die’ became a major social issue. Few agree suicide is a right tout court. Even those who believe suicide (‘regular’, passive, or physician-assisted) is sometimes morally permissible usually require that a suicide be ‘rational suicide’: instrumentally rational, autonomous, due to stable goals, not due to mental illness, etc. We argue that there are some perfectly ‘rational suicides’ that are, nevertheless, bad mistakes. The concentration on the rationality of the suicide instead of on whether it is a (...) mistake may lead to permitting suicides that should be forbidden. (shrink)

The history of Western foreign policy in the Middle East has long assimilated Arab culture to sickness. Specifically, the biological episteme of “contamination” has shaped American foreign policy in the Gulf for decades. In so doing, the US Government continually borrowed references from the natural sciences to frame its foreign policy, leading some commentators to claim that biology supplanted philosophy and religion as the primary political category. The article analyses the semantics of Iraqnophobic metaphors, from the British experience of “nursing” (...) Arabs at the close of the First World War to the recent “shock doctrine” of American therapists. First, the paper will concentrate its attention on the metaphors of disinfection and surgical resection. Second, it will address the metaphors of lustration, State-rearing and scientific recovery. Finally, it will explore Iraqis’ rebellion against their self-appointed tutors and doctors. Elaborating on the belligerents’ nursing and biomedical metaphors, the following pages address the life cycle of foreign “legal transplantation”, “antibody” resistance and “immunosuppressant” counterinsurgency in Iraq. (shrink)

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals’ concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

Hume is rightly credited with giving a brilliant, and perhaps the best, account of justice as convention. Hume's importance as a forerunner of modern economics has also long been recognized. However, most of Hume's readers have not fully appreciated how closely Hume's analysis of convention foreshadows a particular branch of economic theory, namely, game theory. Starting with the work of Barry, Runciman and Sen and Lewis, there has been a flowering of literature on the informal game-theoretic insights to be found (...) in classics of political philosophy such as Hobbes, Locke, Hume and Rousseau. A number of authors in this tradition, including Lewis, Gauthier, Mackie, and Postema, have identified passages in Hume which they interpret as giving informal examples of specific games. Yet, unlike his predecessors, Hobbes and Locke, Hume does much more than present examples which have a game-theoretic structure. In his account of convention, Hume gives general conditions which characterize the resolution of social interaction problems, and in the examples he uses to illustrate this account, Hume outlines several different methods by which agents can arrive at such a resolution. Hume's general account of convention and his explanations of the origins of particular conventions together constitute a theory of strategic interaction, which is precisely what game theory aspires to be. (shrink)

If language is to serve the basic purpose of communicating our attitudes, we must be constructed so as to form beliefs in those propositions that we truthfully assert on the basis of careful assent. Thus, other things being equal, I can rely on believing those things to which I give my careful assent. And so my ability to assent or dissent amounts to an ability to make up my mind about what I believe. This capacity, in tandem with a similar (...) capacity in respect of other attitudes, supports three important lessons. It means that I can know what I believe by seeing what commands my assent, that I can put aside the possibility of error in committing myself to holding such a belief, and that I can therefore perform as a person: I can organize my mind around commitments to which others are invited to hold me. (shrink)

Philip Pettit ,Aude Bandini | : La démocratie signifie d’abord et avant toute chose l’idée d’un contrôle populaire, et ce par l’ensemble des moyens possibles. Ces moyens donnent lieu à la légitimité. Mais ces contrôles populaires, du moins tels qu’ils sont entendus dans de nombreuses discussions, ne donnent pas lieu à la légitimité espérée. Les théories de la démocratie ne partagent pas une même conception des choses à ce sujet, ce qui donne lieu à une pluralité d’approches. Dans cet article, (...) l’auteur soutient que la réponse la plus intéressante à cette question implique une réinterprétation de la notion de contrôle populaire. | : Democracy means popular control, by almost all accounts. And by almost all accounts democracy entails legitimacy. But popular control, at least as that is understood in many discussions, does not entail legitimacy. So something has got to give. Democratic theories divide on what this is, so that the question prompts a taxonomy of approaches. The most appealing answer, so the paper suggests, involves a reinterpretation of the notion of popular control. (shrink)

From US Supreme Court Justice Louis Brandeis’s 1933 judgement in Louis K Liggett Co v Lee to Matt Wuerker’s satirical cartoon “Corpenstein”, the use of Frankenstein’s monster as a metaphor for the modern corporation has been a common practice. This paper seeks to unpack and extend explicitly this metaphorical register via a recent filmic and graphic interpretation of Mary Shelley’s Frankenstein myth. Whilst Frankenstein has been read as an allegorical critique of rights—Victor Frankenstein’s creation of a monstrous body, reflecting the (...) figurative construction of a body by rights discourse—the metaphoric notion of reanimating a ‘soulless corpse’ resonates with Edward’s Thurlow’s description of the corporation as having ‘no soul to damn’. By exploring the figurative and optical representations of this process of reanimating the body in Scott Beattie’s film I, Frankenstein and Kevin Grevioux’s companion graphic novel I, Frankenstein: Genesis, I would like to extend this metaphoric register, by examining the theological origin and nature of the corporate form. This theology is explicitly referenced in the film and graphic novel via the battle between Gargoyles and Demons, which dominates the plot and backstory. The role of Frankenstein’s monster—now called Adam—however, is about enabling the reanimation of thousands of corpses without souls for possession by the demon hoard headed by Prince Naberius, who in his alternative persona Charles Wessex, controls the Wessex Institute and Wessex Industries. This ‘corporate baron’ himself has devoted his ‘life’ to enabling the rediscovery of Frankenstein’s ability to reanimate the dead for the purposes of gaining immortality. This mythic framing, however, renders explicitly visible the nature and purpose of the corporate form itself—of capturing and reanimating life in a form of immortality via the mechanisms of perpetual succession. This visual rendering, of a metaphoric framing goes to show the way in which the optical nature of the dominant forms of popular culture—film, television, comic books—provide a means for seeing law’s metaphorical images and for thus unpacking, interrogating and rendering them anew. It argues for a shift from the image of the corporation as a monstrous body to one which involves relations of reciprocity, gratuitousness and gift. (shrink)

Group agents have been represented as expressive fictions by those who treat ascriptions of agency to groups as metaphorical; as pragmatic fictions by those who think that the agency ascribed to groups belongs in the first place to a distinct individual or set of individuals; and as theoretical fictions by those who think that postulating group agents serves no indispensable role in our theory of the social world. This paper identifies, criticizes and rejects each of these views, defending a strong (...) realist position. (shrink)

This paper offers a definition of social holism that makes the doctrine non-trivial but possibly true. According to that definition, the social holist maintains that people depend non-causally on interaction with one another for possession of the capacity to think; the thesis is meant to be a contingent truth but one, like physicalism, that is plausible in the light of some a priori argument and some plausible empirical assumptions. The paper also sketches an argument in support of social holism, which (...) connects with themes in a number of traditions, philosophical and sociological. The key idea is that people depend on socially shared dispositions and responses for the ability to identify - identify fallibly - the properties and other entities that they consider in each individual has to the course of thinking. (shrink)

This article seeks to contribute to the thinking of forms of corporateness, sociality and authority in the context of, but also beyond, neoliberalism, the neoliberal state and neoliberal accounts of the corporation. It considers neoliberalism in relation to the theological genealogies of modernity, politics and economy, and the way in which neoliberalism itself functions as a secular religion—one which intensifies liberal individualism and involves a blind faith in the market redefining all social interactions in terms of contract. I turn to (...) the theological genealogies of sovereignty and economy, and of the corporation, as a way of grounding a radical consideration of collectivity and sociality. For, while the rise of neoliberalism is associated with the growth of multi-national or trans-national corporations, the privatisation of state assets and the corporatisation of public institutions, each of these involve not a diminishing of the state or the project of state sovereignty but rather its reformulation, reaffirmation and intensification. The corporation, despite being redefined as the interaction of fundamentally self-willing and contracting individuals operating in the market, is still fundamentally intertwined with state sovereignty. Attempts to address or respond to corporate power need to go beyond calls for greater regulation of corporations, increased corporate social responsibility or even the desire to eliminate corporate personhood. Rather, what is required is a greater emphasis on the notion of corporateness that undergirds the theological genealogy of the corporation—for if neoliberalism functions as a religion then part of the solution may be a theological one. (shrink)

There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements (...) like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned. (shrink)

The author analyzes the relations between truth and law starting from the distinction between practical and theoretical spheres. He shows, first, how moral and legal statements and reasoning are connected with an operation of weighing and balancing different values and principles and how this operation is ultimately based on personal and intuitive preferences and feeling. The criteria developed by the theoretical sciences to define truth (coherence, consensus and pragmatic success) can only be translated into practical statements as criteria of correctness (...) because we cannot affirm that a norm or value statement is true or false. The three criteria become interrelated indices of correctness: They are criteria for rational discourse. (shrink)

Hobbes's Leviathan transformed forever the meaning of the term, long debated by Biblical commentators. Alternatively, in the Book of Job chapter 41, a great chthonic beast, or Lucifer?like ?King of all the Children of Pride?, Leviathan for Hobbes was a figure for the modern state. Recent work by Quentin Skinner and Noel Malcolm treats Leviathan as in part a story about representation. But by juxtaposing the thesis of Carl Schmitt, juridical architect of the Third Reich, and author if his own (...) startling Leviathan, which reads the Biblical Beast as representing the state as demonic machine, we see not only Hobbes's purpose in invoking the God of fear, but also how it served as a self?fulfilling prophecy. (shrink)

Philosophers today have largely given up on the project of categorizing being. Aristotle’s ten categories now strike us as quaint, and no attempt to improve on that effort meets with much interest. Still, no one supposes that reality is smoothly distributed over space. The world at large comes in chunks, and there remains a widespread intuition, even among philosophers, that some of these chunks have a special sort of unity and persistence. These, we tend to suppose, are most truly agents (...) and subjects, and are what exist in the most proper sense of the term. We believe, in other words, in substances. (shrink)