Fred Miller offers a controversial reappraisal of the Politics, suggesting that nature, justice, and rights are central to Aristotle's political thought. He sheds new light on Aristotle's relation to modern natural rights theorists, and to the current liberalism-communitarianism debate.

Aristotle's Nicomachean Ethics, which equates the ultimate end of human life with happiness, is thought by many readers to argue that this highest goal consists in the largest possible aggregate of intrinsic goods. Richard Kraut proposes instead that Aristotle identifies happiness with only one type of good: excellent activity of the rational soul. In defense of this reading, Kraut discusses Aristotle's attempt to organize all human goods into a single structure, so that each subordinate end is desirable for the sake (...) of some higher goal. This book also emphasizes the philosopher's hierarchy of natural kinds, in which every type of creature achieves its good by imitating divine life. As Kraut argues, Aristotle's belief that thinking is the sole activity of the gods leads him to an intellectualist conception of the ethical virtues. Aristotle values these traits because, by subordinating emotion to reason, they enhance our ability to lead a life devoted to philosophy or politics. (shrink)

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The (...) theoretical part, consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes, accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics and an epilogue on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes. (shrink)

Journal Name: Apeiron Issue: Ahead of print.

This paper has a threefold purpose: first, to criticize the customary application of Hohfeld’s theory of rights to Hobbes’s juridical/political theory that reduces all Hobbesian rights to Hohfeldian privileges; second, to defend the appropriateness of a proper application of a Hohfeldian analysis of rights to Hobbes’s theory by responding to criticisms offered by Eleanor Curran; and, lastly, to reveal the value a Hohfeldian analysis offers in clarifying a Hobbesian right that has been generally misunderstood in the literature. I argue that (...) a Hohfeldian analysis helps make sense of the complex juridical relationships between the sovereign, the perpetrator of crime, and the victim of crime involved in Hobbes’s treatment of the sovereign’s right to punish. (shrink)

The twentieth century saw a vigorous debate over the nature of rights. Will theorists argued that the function of rights is to allocate domains of freedom. Interest theorists portrayed rights as defenders of well-being. Each side declared its conceptual analysis to be closer to an ordinary understanding of what rights there are, and to an ordinary understand- ing of what rights do for rightholders. Neither side could win a decisive victory, and the debate ended in a standoff.

This comprehensive study of Aristotle's Politics argues that nature, justice, and rights are central to Aristotle's political thought. Miller challenges the widely held view that the concept of rights is alien to Aristotle's thought, and presents evidence for talk of rights in Aristotle's writings. He argues further that Aristotle's theory of justice supports claims of individual rights that are political and based in nature.

There is still a relative paucity of discussion of the views on friendship that Aristotle presents in the Nicomachean Ethics ,1 although some recent work may indicate a new trend. One suspects that this paucity reflects a belief that those views are not very interesting; if true, this witnesses to an unfortunate underestimation of Aristotle's account. This account is in fact quite surprising, for -- I shall argue -- Aristotle believes that one makes one's friends in the most literal sense (...) of the verb. (shrink)

The author presents and defends three theses: (1) "the first is that it is not profitable for us at present to do moral philosophy; that should be laid aside at any rate until we have an adequate philosophy of psychology." (2) "the second is that the concepts of obligation, And duty... And of what is morally right and wrong, And of the moral sense of 'ought', Ought to be jettisoned if this is psychologically possible...." (3) "the third thesis is that (...) the differences between the well-Known english writers on moral philosophy from sidgwick to the present day are of little importance." (staff). (shrink)

The received view in Thomas Hobbes scholarship is that theindividual rights described by Hobbes in his political writings andspecifically in Leviathan are simple freedoms or libertyrights, that is, rights that are not correlated with duties orobligations on the part of others. In other words, it is usually arguedthat there are no claim rights for individuals in Hobbes''s politicaltheory. This paper argues, against that view, that Hobbes does describeclaim rights, that they come into being when individuals conform to thesecond law of (...) nature and that they are genuine moral claim rights, thatis, rights that are the ground of the obligations of others to forebearfrom interfering with their exercise. This argument is defended againstboth Jean Hampton''s and Howard Warrender''s interpretations of rights inHobbes''s theory. The paper concludes that the theory of rightsunderlying Hobbes''s writing is not taken from Natural Law but isprobably closer to a modern interest theory of rights. (shrink)

Hohfeldian normative system are normative systems that can be described by means of the analytical framework expounded by Hohfeld in his two famous papers on the fundamental legal conceptions. In this article I analyze some features of this particular kind of normative systems. Hohfeld’s original idea was to design a universal tool capable of describing, at the most basic level, the web of normative relationships between persons created by a system of rules. My claim is, instead, that if we take (...) Hohfeld’s framework literally as it is, Hohfeldian normative systems are few. This happens because, amongst other peculiarities, standard Hohfeldian normative systems are necessarily complete and unclosed. In the final part of the article I will show how we can have instead incomplete and closed Hohfeldian normative systems, extending in this way the descriptive range of Hohfeld’s framework. (shrink)

This is an engaging and accessible introduction to the Nicomachean Ethics, Aristotle's great masterpiece of moral philosophy. Michael Pakaluk offers a thorough and lucid examination of the entire work, uncovering Aristotle's motivations and basic views while paying careful attention to his arguments. The chapter on friendship captures Aristotle's doctrine with clarity and insight, and Pakaluk gives original and compelling interpretations of the Function Argument, the Doctrine of the Mean, courage and other character virtues, Akrasia, and the two treatments of pleasure. (...) There is also a useful section on how to read an Aristotelian text. This book will be invaluable for all student readers encountering one of the most important and influential works of Western philosophy. (shrink)

This book is designed for use in courses in law schools and university departments of philosophy. It can serve as a text for basic and advanced courses and seminars. Readings include excerpts of classic works of Aristotle, Aquinas, Locke, Hobbes, Kant, Bentham, and Austin. Provided also are excerpts from standard works of twentieth century philosophers. The book explores current legal discourse with readings on topics such as sociobiology, Islamic law, the legal process school, legal feminism, critical legal studies, intersectionality and (...) gender identity theories, law and economics, and new private law theories. It reprints leading cases on natural rights/human rights and readings from online blogs, op-ed essays, news stories and internet publications, as well as drawing on literary treatment of topics relevant to legal philosophy. (shrink)

Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.

Aristote veut prouver que la bonne amitié a sa motivation dans un objet intellectuel de plaisir. Nous agissons pour le bonheur d'autrui parce que nous trouvons que ce bonheur est quelque chose de plaisant. Le bonheur d'autrui est quelque chose de plaisant parce que c'est un bien qui nous appartient. Le bonheur d'autrui est un bien parce que quelqu'un qui est heureux possède le bien humain. Et le bonheur d'autrui nous appartient parce que nous aidons notre ami à devenir ou (...) demeurer heureux. Notre ami devient notre ouvrage, pour ainsi dire. Aristotle appears to argue that good friendship has its motive in an object of mental pleasure. We act for the sake of the happiness of another because we find that the happiness of another is an object of pleasant apperception. The happiness of another is an object pleasant apperception because it is a good which belongs to us. The happiness of another is a good, for someone who is happy possesses human goodness. And the happiness of another belongs to us, for we help another become or remain happy. Our friend becomes our work, so to speak. (shrink)

Aristotle's well-known divisions of friendship, those based on utility, pleasure and virtue, are based on the kind of good each provides. It is fairly easy to see what is contributed by utility- and pleasure-friendships, but virtue-friendship presents a special difficulty. Aristotle writes that virtue-friendship occurs between good (virtuous) persons, each of whom is happy because of that goodness. Aristotle also asserts, however, that the good (happy) person, especially the philosopher, is largely self-sufficient, needing little in the way of external goods (...) for his happiness. Such a person is virtuous not only in the moral sense but intellectually, having developed the capacities of the mind to make effective moral decisions and, in the case of the philosopher, to contemplate the most divine of subjects. If that is the case, it is not difficult to see why such a person would not need many utility- or pleasure-friends, but why would he need virtue-friends? What does virtue-friendship contribute to the happiness of one who is already happy? Possible answers to those questions have been provided by a number of commentators, whose views will be considered below. I believe their answers can be classified into three general types of argument: the �opportunity argument�, the �reassurance argument� and the �pleasure argument�. Although all of these have their merits, each has pitfalls. There is another possible answer, an �essentialist argument�, which more accurately describes Aristotle's view. I will argue that virtue-friends come to understand each other's true selves, and each, through the awareness and contemplation of the other, becomes a better human being and, consequently, happier. (shrink)