Chinese environmentalists have called for an ecological civilization. To promote this, ecology is defended as the core science embodying process metaphysics, and it is argued that as such ecology can serve as the foundation of such a civilization. Integrating hierarchy theory and Peircian semiotics into this science, it is shown how “community” and “communities of communities,” in which communities are defined by their organization to promote the common good of their components, have to be recognized as central concepts not only (...) of ecology, but of life itself. This perspective is used to defend Lovelock’s “Gaia” hypothesis and the call of Prugh, Costanza, and Daly for strong democracy. An ethics and political philosophy is sketched based on “eco-poiesis” or “home-making,” which is equated with augmenting the life of communities, both human and non-human. (shrink)

Periodically, we take stock of SubStance and provide a brief statement regarding initiatives and priorities in the journal's interests. Three years ago, we announced that "Exploring hybrid writing with theoretical impact is at the center of our current preoccupations."1 Since that time, the journal has made significant changes. This issue marks our fourth issue of publishing with Johns Hopkins University Press in a transition that recognizes our new publisher as a leader among university presses.Our plan also expressed our intent to (...) move toward publishing digital work that exemplifies theoretical thinking in nonlinear, experimental forms. In 2018, we launched Digital SubStance, a platform for "hybrid work that... (shrink)

The Rule of Law faces critical challenges both at home and abroad. At home, legal indeterminacy and the ontological gap between legal theory and practice defy resolution by contemporary normative theories of law. Legal indeterminacy raises the specter that judicial decisions in hard cases are illegitimate (political not legal) because judges must rely on personal political, moral, or religious beliefs. The "ontological gap" between the practice of law, which presupposes a classical or religious ontology, and legal theory, which presupposes a (...) scientific ontology (i.e., scientific materialism), further reveals the irrelevance of legal theory (including conceptions of the rule of law) to the practice of law. Abroad, the rule of law is debunked as a Western construct that aims to advance U.S. imperialistic ambitions. Without a sufficient normative theory, the rule of law or "the soul of the modern state" is in serious peril in the U.S. and even more questionable as an export abroad. To address this predicament, this article analyzes China's efforts to implement the rule of law and proposes a constructive, post-modern normative theory of law based on the process philosophy of Alfred North Whitehead and the radical empiricism of William James. This "process theory of natural law" provides a novel theory of natural law that eliminates the perceived illegitimacy arising from legal indeterminacy and closes the ontological gap. Process natural law also mediates many of the cultural differences between the East and the West through the telos of beauty (unity-in-diversity), which entails maximizing both an Eastern aesthetic sense of order (emergent harmony or spontaneous order) and a Western rational sense of order (complexity arising from diverse individual orderings). This conception of the rule of law further allows for important cultural differences to be reflected in the interpretation of democracy and formal legality and in the instantiation of individual rights in the law. Thus, the ideal rule of law may look quite different in the U.S. and China and may continue to evolve in our constantly changing, pluralistic, and multicultural world. (shrink)

In this paper it is argued that philosophical anthropology is central to ethics and politics. The denial of this has facilitated the triumph of debased notions of humans developed by Hobbes which has facilitated the enslavement of people to the logic of the global market, a logic which is now destroying the ecological conditions for civilization and most life on Earth. Reviving the classical understanding of the central place of philosophical anthropology to ethics and politics, the early work of Hegel (...) and Marx is explicated, defended and further developed by interpreting this through developments in post-mechanistic science. Overcoming the opposition between the sciences and the humanities, it is suggested that the conception of humans developed in this way can orient people in their struggle for the liberty to avert a global ecological catastrophe. (shrink)

The arts have been almost completely marginalized - at a time when, arguably, they are more important than ever. Whether we understand by “the arts” painting, sculpture and architecture, or more broadly, the whole aesthetic realm and the arts faculties of universities concerned with this realm, over the last half century these fields have lost their cognitive status. This does not mean that there are not people involved in the arts, but they do not have the standing participants in these (...) fields once had. The arts lost the battle of the “two cultures”; science prevailed over the arts and humanities. Architecture is being redefined as an applied science rather than one of the arts. The arts were then finally routed (with hardly a fight) by economists. They have been absorbed into the advertising, entertainment, decoration and building industries, and, as universities have been transformed into transnational business corporations, arts faculties have lost their reason for existence. This paper challenges this marginalization. (shrink)

Aristotle's discussion of corrective justice has been generally thought to mark the beginning of the philosophical examination of tort law. In addition, many scholars consider corrective justice, of one form or another, the main normative alternative to the economic analysis of law for explaining not only tort law but also private law and law in general. Most discussions of Aristotle’s conception of corrective justice in the law review literature, however, have failed to account for the established reading of Aristotle’s Nicomachean (...) Ethics as proposing a teleological form of ethics. Accordingly, Corrective Justice and the Revival of Judicial Virtue argues for a teleological interpretation of Aristotle's conception of corrective justice. The teleological conception of corrective justice does not attempt to analyze corrective justice merely as a formal (Weinrib), substantive (Wright), or political (Heyman) conception of equality or freedom that can be applied by technical reason to various circumstances. Rather, it maintains that corrective justice is a moral virtue of the judge that cannot be fully understood without specifying its relationship to practical wisdom and the telos of the good life. Under this reading, Aristotle’s conception of corrective justice specifies a method of judicial decision making whereby only the practically wise (i.e., morally virtuous) judge can know the content of corrective justice in all cases. Judging requires moral virtue not technical, philosophical or legal, expertise. Consequently, this article advocates a revival of Aristotle’s notion that judicial virtue requires moral virtue. (shrink)