Initially, deliberative politics offers a failure of self‐identity in that the literature dealing with it divides between its determinate elevation in terms of reason, and such, and its dissipation in response to the diversity of interests pressing on it. Next, drawing on the resources of poststructural jurisprudence and by way of locating law at a defining limit of deliberative politics, a similar divide is found in law itself. Then, more productively, law is shown to be constituted with‐in that divide and (...) to take characteristic content from it. Finally, the analysis is returned to deliberative politics where the divide found in the literature can now be seen as offering this politics possibilities of effective constitution and distinctive content. (shrink)

The dissertation traces the development of what I call “the problem of partiality” through the work of certain key figures in the British Moralist tradition: John Locke, Catharine Trotter Cockburn, Anthony Ashley Cooper (the Third Earl of Shaftesbury), Francis Hutcheson, John Gay, David Hume, Joseph Butler, and Adam Smith. On the one hand, we are committed to impartiality as a constitutive norm of moral judgment and conduct. On the other hand, we are committed to the idea that it is permissible, (...) or even obligatory, to expend disproportionate resources promoting the good of our loved ones over the good of strangers. However, these two commitments conflict with one another. This problem challenges us to provide an account of the scope and limits of reasonable partiality that does justice to both commitments. I argue that confronting this tension is a central project of early modern ethics. I offer a rereading of the British Moralist tradition, centered on debates about partiality, and thereby shift discussion of the tradition away from concerns about meta-ethics and moral epistemology, to issues of practical ethics. The topic of partiality remains central in contemporary ethics, as is evident in ongoing debates about the place of empathy in moral judgment, and the role of love in shaping our moral commitments. Though the aim of the dissertation is not to settle questions about the scope and limits of reasonable partiality, the focus here remains fixed on how the concept of partiality was problematized in our ethical thought, and how it informs our discussions in normative ethics and moral psychology. Alongside building a bridge between early modern scholarship and recent work in ethics, the dissertation casts light on two understudied figures in the British Moralist tradition – Cockburn and Gay – who contributed greatly to debates about partiality. By examining their contributions, I reconsider their place in the history of modern ethics and therefore provide a more contextualized account of philosophical thought in the period. (shrink)