In The Autonomy of Morality Charles Larmore challenges two ideas that have shaped the modern mind. The world, he argues, is not a realm of value-neutral fact, nor does human freedom consist in imposing principles of our own devising on an alien reality. Rather, reason consists in being responsive to reasons for thought and action that arise from the world itself. Larmore shows that the moral good has an authority that speaks for itself. Only in this light does the true (...) basis of a liberal political order come into view, as well as the role of unexpected goods in the makeup of a life lived well. (shrink)

This essay takes a critical look at the rubric “age of terror,” a rubric which has enjoyed a certain amount of theoretical and philosophical cachet in recent years. My argument begins by noting the continuity between this hypostatization and contemporary “war on terror” rhetoric, a continuity that is, in certain respects, ironic given the politics of the “age of terror” theorists. It then moves—via Machiavelli, Max Weber, and Hannah Arendt—to a consideration of the topics of state violence (on the one (...) hand) and totalitarian terror (on the other). I use Arendt’s theorization of totalitarian terror for a dual purpose: first, to emphasize the gap between totalitarian terror and the more familiar “terror as means”; second, to question the characterization of recent Islamic terrorism as totalitarian in essence. Arendt’s distinctions between violence, terror and totalitarian terror help us avoid the Schmittian logic installed by advocates of the “war on terror” and by a variety of writers anxious to identify a ill-defined and generic “totalitarianism” as the transhistorical and transcultural “other” of liberalism. Keywords : terror; islamic terrorism; Hannah Arendt; Max Weber; totalitarianism; “Age of Terror”; liberalism; Machiavelli; evil as policy (Published online: 25 August, 2008) Citation: Ethics & Global Politics 2008. DOI: 10.3402/egp.v1i3.1861. (shrink)

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

Rawls and Schmitt are often discussed in the literature as if their conceptions of the political had nothing in common, or even referred to entirely different phenomena. In this essay, I show how these conceptions share a common space of reasons, traceable back to the idea of public reason and its development since the Middle Ages. By analysing the idea of public reason in Rawls and in Schmitt, as well as its relation to their theories of political representation, I show (...) in what way Schmitt's concept of the political cannot be divorced from an idea of justice, while, conversely, Rawls' conception of justice cannot be divorced from a theory of the political. In that way this paper thematizes the internal relation that each theory establishes between justice and power, deliberation and decision, and consensus and disagreement. (shrink)

Rawls and Schmitt are often discussed in the literature as if their conceptions of the political had nothing in common, or even referred to entirely different phenomena. In this essay, I show how these conceptions share a common space of reasons, traceable back to the idea of public reason and its development since the Middle Ages. By analysing the idea of public reason in Rawls and in Schmitt, as well as its relation to their theories of political representation, I show (...) in what way Schmitt's concept of the political cannot be divorced from an idea of justice, while, conversely, Rawls ' conception of justice cannot be divorced from a theory of the political. In that way this paper thematizes the internal relation that each theory establishes between justice and power, deliberation and decision, and consensus and disagreement. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...) volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

Rawls and Schmitt are often discussed in the literature as if their conceptions of the political had nothing in common, or even referred to entirely different phenomena. In this essay, I show how these conceptions share a common space of reasons, traceable back to the idea of public reason and its development since the Middle Ages. By analysing the idea of public reason in Rawls and in Schmitt, as well as its relation to their theories of political representation, I show (...) in what way Schmitt's concept of the political cannot be divorced from an idea of justice, while, conversely, Rawls' conception of justice cannot be divorced from a theory of the political. In that way this paper thematizes the internal relation that each theory establishes between justice and power, deliberation and decision, and consensus and disagreement. (shrink)

La théorie de la volonté générale permet à Rousseau de redéfinir sur des bases nouvelles l’ancienne conception de la souveraineté, qui devient avec lui une souveraineté du peuple. Pour autant, le peuple souverain ne devient pas automatiquement un peuple gouvernable, et Rousseau est obligé de se confronter aux théories des arts de gouverner pour définir ce que pourrait être un gouvernement selon la volonté générale – à savoir, un gouvernement républicain. Plusieurs difficultés surgissent de la confrontration de la souveraineté du (...) peuple et du gouvernement pour le peuple, qui obligent à considérer en profondeur la façon dont Rousseau répond aux arguments et aux techniques des théoriciens de la raison d’État.The notion of a general will allows Rousseau to put on a new basis the previous, well known, conception of sovereignty, which he transforms into a sovereignty of the people. It doesn’t follow automatically from that stance that a people can be easily governed ; Rousseau must confront his position to the theories of reason of state in order to say what a government according to the general will – that is, a republican government – could be. Several difficulties stem from this confrontation. The paper aims at explaining how Rousseau deals with those predicaments by analysing his views and critiques of reason of state. (shrink)

I take as my starting point the “one very simple principle” proclaimed by Mill in On Liberty … “That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. He cannot rightfully be compelled to do (...) or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right.”. (shrink)

This book examines the relationship between the idea of legitimacy of law in a democratic system and equality, conceived in a tripartite sense: political, legal, and social. Exploring the constituent elements of the legal philosophy underlying concepts of legitimacy, this book seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy by tracing and examining the conceptions of equality in political, legal, and social dimensions. -/- In the sphere of political equality (...) this book argues that the best construction of equality in a democratic system - which resonates with the legitimizing function of majority rule - is that of equality of political opportunity. It is largely procedural, but those procedures represent important substantive values built into a majoritarian system. In the sphere of legal equality it argues that a plausible conception of non-discrimination can be constructed through a "reflective equilibrium" process, and should reject a thoughtless assumption that the presence of some particular criteria of differentiations necessarily taints a legal classification as discriminatory. Finally, the chapters on social equality explore, in some detail, the currently influential, and presumptively attractive, "luck egalitarianism": the idea that social equality calls for neutralizing the disparate effects of bad brute luck upon a person's position in society. (shrink)

Since its appearance in English translation in 1996, Jurgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work. Habermas's theory of democracy has at least three features (...) that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies. These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

Democracy used to be seen as a relatively mechanical matter of merely adding up everyone's votes in free and fair elections. That mechanistic model has many virtues, among them allowing democracy to 'track the truth', where purely factual issues are all that is at stake. Political disputes invariably mix facts with values, however, and then it is essential to listen to what people are saying rather than merely note how they are voting. The great challenge is how to implement that (...) deliberative ideal among millions of people at once. In this strikingly original book, Goodin offers a solution: 'democratic deliberation within'. Building on models of ordinary conversational dynamics, he suggests that people simply imagine themselves in the position of various other people they have heard or read about and ask, 'What would they say about this proposal?' Informing the democratic imaginary then becomes the key to making deliberations more reflective - more empathetic, more considered, more expansive across time and distance. (shrink)

In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...