This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...) will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)

The tendency of classical politics to embed the individual in universal and transcendental patterns of action followed in part from the recognition of the futility of unpredictable action oriented to the individual's transient personal future. By contrast, F. A. Hayek argues for liberalism and the rule of law because it is instrumental to the achievement of human ends. Michael Oakeshott, however, claims that freedom is a value in itself, and that liberalism should emphasize moral autonomy because the moral life is (...) public and not oriented to external ends. The moral life intimates a form of self‐sufficiency in action, and self‐sufficient action is timeless in the sense of being indifferent to either the past or the future. Oakeshott returns liberalism to the problems of classical politics without recourse to the dictatorial imposition of a single substantive good. (shrink)

In this paper, I explore connections between two disciplines not typically linked: argumentation theory and urban design. I first trace historical ties between the art of reasoned discourse and the idea of civic virtue. I next analyze discourse norms implicit in three theories of urban design: Jane Jacobs' The Death and Life of Great American Cities (1961), Christopher Alexander's A Pattern Language: Towns, Buildings, Construction (1977), and Peter Katz's The New Urbanism: Toward an Architecture of Community (1994). I then propose (...) a set of ‘settlement’ issues of potential interest to both urban designers and argumentation theorists: size, density, heterogeneity, publicity, security, and identity. I conclude by suggesting that the ‘good city’ be seen as both a spatial and a discursive entity. From such a perspective, good public discourse is dependent, at least in part, on good public space; and good public space is defined, at least in part, as a context conducive to good public discourse. (shrink)

Classical philosophy adopts the standpoint of males in the Greek polis. The consequent adumbration of the standpoint of women and noncitizen men in the oikos, the household, has implications for feminist philosophy. Two systems of action are differentiated: the domestic economy protected by the goddess Hestia, and the political economy protected by Hermes. Shifting one's standpoint to include both the oikos and the polis offers an alternative to gender as the defining issue in feminist theory.

Classical philosophy adopts the standpoint of males in the Greek polis. The consequent adumbration of the standpoint of women and noncitizen men in the oikos, the household, has implications for feminist philosophy. Two systems of action are differentiated: the domestic economy protected by the goddess Hestia, and the political economy protected by Hermes. Shifting one's standpoint to include both the oikos and the polis offers an alternative to gender as the defining issue in feminist theory.

The starting point of this article is the concept of civil war in Giorgio Agamben’s Homo Sacer-series. In spite of its relative obscurity, Agamben insists that civil war is the fundamental political structure, which has characterized all of Western history since Ancient Greece. As such it constitutes a privileged vantage point from whence it is possible to discern the limitations of his political thought. These limitations originate in his deployment of Carl Schmitt’s state of exception, which serves to include civil (...) war in the sovereign order – this entails that classical modes of political contestation and conflict e.g. revolution, are always already internal to the sovereign state, and can therefore only serve to reaffirm it. The state of exception thus produces an inherent incapacity to think or move beyond the sovereign state. Agamben subsequently attempts to challenge the state of exception albeit with varying degrees of success. This suggest the necessity of taking exception to the exception and explode the conceptual coupling of civil war and sovereign power, in order to create a space where it is possible to think political contestation within or beyond the works of Agamben. (shrink)

Thucydidean politicians recognize the difficulty posed by the uncertainties of the future in times of war, yet they differ sharply in their conclusions about how best to respond. Thucydides’ analysis of the rhetoric of wartime decision-making focuses upon the deterioration of political culture under a major national crisis, as well as the role of effective leadership in countering this tendency. The dilemma of Thucydidean politics is how to ensure a deliberative process that will not be taken captive by the pressures (...) and emotions of war, and the demagogic leaders who seek to exploit such pressures and emotions for their own ends. By studying the failures and successes of the past (as documented and analyzed in his History), decision-makers in the future can better understand the political dynamics of wartime decision-making and the corrosive forces that crises too often produce. Thucydides’ narrative analyzes the political, social, and moral psychological dynamics that produce aggression, violence, and the desire for domination and revenge. On his view, these are not inevitable products of human nature, merely dispositions that normative institutions are designed to check. Rather he portrays human nature as running amok when such checks are weakened. What can restrain ‘human nature’ are the norms and institutions that promote communal as opposed to factional or individual interests. (shrink)

This paper argues that Aeschylus' Eumenides presents a coherent geography that, when associated with the play's judicial proceedings, forms the basis of an imperial ideology. The geography of Eumenides constitutes a form of mapping, and mapping is associated with imperial power. The significance of this mapping becomes clear when linked to fifth-century Athens' growing judicial imperialism. The creation of the court in Eumenides, in the view of most scholars, refers only to Ephialtes' reforms of 462 BC. But in the larger (...) context, Athenian courts in the mid-fifth century are a form of imperial control. When geographically specific jurisdiction combines with new courts, it supports and even creates a developing imperial ideology. Moreover, the figure of Athena and the role she gives the Athenian jury emphasizes a passionate pro-Athenian nationalism, a nationalism that the text connects to Athens' geographic and judicial superiority. This imperial ideology did not spring from Aeschylus' imagination fully formed; it reflects a trend in Athens of promoting her own cultural superiority. This sense of cultural superiority in fact disguises the realities of Athens' developing power and increasingly harsh subjection of her former allies. (shrink)