Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the (...) ordering function of the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order. (shrink)

The relationship between nature and normativity in Aristotle’s practical philosophy is problematic. On the one hand, Aristotle insists that ethical virtue arises through the habitual repetition of ethically good actions, and thus no one is good or virtuous by nature. Phusikê aretê or “natural virtue” is more like cleverness (demotes) than prudence (phronêsis) and it can result in wrong actions. Yet on the other hand, at times Aristotle appears to use nature to justify normative claims. Thus the problem with Aristotle’s (...) use of the notion of nature in his practical philosophy is that in some instances what is natural seems to be ethically neutral, but in other instances it seems to set the standard for human perfection. Modern Aristotle exegetes have sometimes argued that Aristotle must, consciously or not, be using the term “nature” in at least two different senses here. To use the language of Julia Annas, when Aristotle talks about “natural virtue” in the sense of the talents or abilities which one possesses from birth, he has in mind the notion of “mere nature,” but when he discusses the perfections which a virtuous individual enjoys by his or her nature, Aristotle has in mind the notion of nature as an “ethical ideal.” I would like to suggest an alternative solution to the problem of reconciling Aristotle’s different senses of nature in his Ethics. In Nicomachean Ethics V.7, Aristotle claims that political justice {to dikaion politikon) possesses a “natural” {phusikon) part and a “conventional” {nomikori) part. Aristotle claims that both nature and convention admit of variation, and his language suggests that the two are ultimately parts which need to be interwoven or combined. Scholars who have struggled with Aristotle’s apparently disparate senses of the idea of nature have assumed that nature is an ethical ideal which can be separated from and serve as a guide for that which is merely conventional. I argue that when Aristotle invokes what is “natural” as a norm, he does so under the assumption that the natural component of a norm is ultimately separable from its conventional part only in abstraction. Just like the syllable “BA” is not reducible to the letters “b” and “a,” but instead is a whole greater than its two parts, political justice is a composite unity of nature and convention which, in unifying the two parts, transforms them. (shrink)

Each of us is a measure. The project of advocates of change in Plato’s Theaetetus as compared with sophistic thought -/- Summary -/- One of the most intriguing motives in Plato’s Theaetetus is its historical-based division of philosophy, which revolves around the concepts of rest (represented by Parmenides and his disciples) and change (represented by Protagoras, Homer, Empedocles, and Epicharmus). This unique approach gives an opportunity to reconstruct the views of marginalized trend of early Greek philosophy - so called „the (...) sophistic movement”. Paradoxically, previous research shows little interest in sophistic thought as a source of the standpoint of advocates of change („the secret doctrine”). The roots of „the secret doctrine” were investigated in the works of Heraclitus, Aristippus, and Antisthenes or those related to “neoheracliteanism”. However, researchers did not make any significant attempt to confront this concept with the contemporary research on the sophistic movement. The conviction that sophistry was primarily humanistically oriented was one of the main reasons why researches were opposed to the fact that „the secret doctrine” could represent a true expression of Protagoras’ views. This is why J. Burnet and F. M. Cornford in their seminal works assumed that “the secret doctrine” should be attributed to Plato, who simply combined a series of loose statements into one single project. In this work, we argue that the thesis which questions the parallels between the sophists’ interests and the philosophers of nature requires a significant revision. There is ample evidence to suggest that the philosophy of nature was a part of sophists’ research. This is supported by two main arguments. First, the tutors of sophists were philosophers of nature. Second, there are numerous sources that explicitly show sophists’ interest in the physical issues. These sources include anecdotal evidence about the fact that sophists wrote works On nature. There is also information confirming that they deliberated on detailed physical issues. The analogies between the concepts attributed to the advocates of change and our knowledge about sophists from other sources is very wide and contains most elements, which are included in the project of “changeable reality” presented in Theaetetus. The deliberations on the mechanism of perception, which are close to those of flux theory of perception in Theaetetus, are present in the sources referring to Gorgias of Leontinoi, the famous sophist and rhetorician. Also, the second element of “the secret doctrine” that is the metaphysics of flux matches up with what we know about the sophists’ views from other sources. On this basis, one can deduce that – contrary to the tradition which marginalized the role of sophistic considerations on the issue of being and non-being – it was one of the major subjects of sophistic research. Its main point was the criticism of the Eleatic conception of a single and unchangeable being, which also plays a key role in the doctrine of flux in Theaetetus. The epistemological theses which are presented in Theaetetus are borne out in sophistic sources. They include the definition of knowledge as perception, the „Man-measure” formula and a number of principles, which result from these foundational theses. Sophists’ empirical preferences resonate with the theses of the advocates of change in Theaetetus. Special attention that is given to the issues of differences among people, and even to cognitive differences in one person depending on the changeable states to which a person is subject, goes well together with what we know about reciprocal influence between the sophistry and medicine. The consequences of the epistemological conception present in Theaetetus have their equivalents in sophists’ works and other testimonies. An example of these consequences may be the abolition of truth and falsehood or the abolition of contradiction, which finds its expression in the thesis ouk estin antilegein. The analogies also concern reflections on the language itself. The project of the “new language” uses categories, which were developed by sophists. These include the antithesis of nomos and physis. The general intentions of this project reflect Protagoras’ ideas, at least to the extent to which they are known from the sources reporting his thoughts on language. Plato’s Theaetetus can thus be considered a veritable treasury of sophistic motifs. Even though the problem remains unsolved and one is still not able to unambiguously decide about the author of “the secret doctrine”, one can come to a certain conclusion – even if Plato synthesized various doctrines, he must have relied in his project mostly on the elements that he borrowed from sophists. Moreover, the value of reconstructing the project of the advocates of change in Theaetetus does not consist of mere enumeration of sophistic motifs. The dialogue is key to understanding the sophistic movement, whose separate doctrines – for the lack of sources and as a result of centuries-old disregard – are usually treated as rhetorical formulae that are interpreted in many ways and have no philosophical foundations. If it is really the case that the theses attributed to Protagoras in Theaetetus were actually a part or a derivative of Protagoras’ thought, or – speaking more conservatively – if they constitute a synthesis of sophistic thought done by Plato, they could represent philosophical foundations for the most important sophistic theses: the “Man-measure” formula, the ouk estin antilegein principle, the concept of language as a tool, the idea of the relativity of good and the whole practical sphere of sophists’ activity. Contrary to the views of many researchers, we are certain that the representatives of the sophistic movement did not limit themselves only to the application of practical rules, which determined the extent of their educational or rhetorical-political activity. They were capable of creating – indeed, they did create comprehensive projects that embraced the whole thematic scope subject to philosophical reflection. (shrink)

How political communities should be constituted is at the center of Hannah Arendt’s engagement with two ancient sources of law: the Greek nomos and the Roman lex. Recent scholarship suggests that Arendt treats nomos as imperative and exclusive while lex has a relationship-establishing dimension and that for an inclusive form of polity, she favors lex over nomos. This article argues, however, that Arendt’s appreciation occurs within a general context of more reservations about Rome than Roman-centric interpretations admit. (...) Her writings show that lex could not accommodate the agonistic spirit and Homeric impartiality that helped the Greeks achieve human greatness and surpassing excellence. Arendt also points out that Roman peace alliances occurred at the expense of disclosive competition among equals and assumed some form of domination. Indeed, although Arendt appreciates lex’s relationship-establishing aspect, she is undoubtedly critical of anti-political practices accompanying lex, manifested when the Romans required enemies’ submission to terms of peace the Romans themselves set. In the end, Arendt’s statements regarding nomos and lex highlight the fundamental challenge in free politics: balancing the internal demand of agonistic action with the external need to expand lasting ties. (shrink)

Este artículo examina la dimensión política del concepto de mesianismo. Se sostiene que el recurso a este concepto en ciertos filósofos contemporáneos, sobre todo Agamben, es deudor de las tesis de Schmitt, Benjamin y Taubes sobre el pensamiento paulino. Desde estas premisas, se examina la relevancia filosófico-política del mesianismo a partir de su cuestionamiento de todo nomos, justificando su carácter impolítico. El mesianismo impolítico es la antítesis de la teología política.

Lähtökohtanaan Jean-Paul Vernantin ja Albrecht Dihlen historialliset teesit artikkeli tarkastelee tärkeimpien ”lakia ja järjestystä” ilmaisevien käsitteiden (nomos, dikē) roolia esisokraattisten filosofien, erityisesti Anaksimandroksen, Herakleitoksen ja Parmenideen, ajattelussa. Arkaaisessa kreikkalaisessa ajatusmaailmassa sekä luonnon että ihmisyhteisön sisäinen tasapaino ilmentää moninaisen jumalmaailman ja ihmisten välistä vuorovaikutusta. Esisokraatikot ajattelevat todellisuutta eriytyneenä ykseytenä, jonka moninaisuutta sitoo yhteen yhtenäinen perusrakenne; tämän mallin uusi filosofia jäsentää uudesta polis-ajattelusta lainattujen käsitteiden avulla. Tämä esisokraatikkojen ”poliittinen ontologia” ja toisaalta nomoksen, yhteisöllisen normiston, enenevä ymmärtäminen inhimillisenä konventiona, mahdollistaa fysiksen ja (...) nomoksen, ”luonnon” ja ”kulttuurin” välisen myöhemmän vastakkainasettelun. (shrink)

Al final de su libro “La conciencia inexplicada”, Juan Arana señala que la nomología, explicación según las leyes de la naturaleza, requiere de una nomogonía, una consideración del origen de las leyes. Es decir, que el orden que observamos en el mundo natural requiere una instancia previa que ponga ese orden específico. Sabemos que desde la revolución científica la mejor manera de explicar dicha nomología ha sido mediante las matemáticas. Sin embargo, en las últimas décadas se han presentado algunas propuestas (...) basadas en modelos matemáticos que fundamentarían muchos aspectos de la realidad. Dos claros ejemplos provienen de Roger Penrose y Max Tegmark. Esto lleva a pensar en una posición no solo nomológica sino además nomogónica de la matemática. ¿Puede la Naturaleza estar fundada por las matemáticas como señalan algunos físico-matemáticos? Y en ese caso, ¿sería pertinente buscar una nomo-génesis de esta índole en la constitución de la conciencia? -/- At the end of his book “La conciencia inexplicada”, Juan Arana points out that nomology, explanation according to the laws of nature requires a nomogony, an account of the origin of the laws. This means that the order that we can observe in the natural World demands something prior to posit that specific order. Since the scientific revolution we know that the best way to explain that nomology has been through mathematics. Anyway, in recent decades a number of proposals based on mathematical models that found many aspects of reality has been offered. Two clear examples come from Roger Penrose and Max Tegmark. This drives us to think of a position of mathematics as not only nomological but also nomogonical. Can Nature be founded by mathematics as some physicists and mathematicians point out? And, in this case, would be relevant this kind of approach to search a nomo-genesis in the constitution of consciousness? (shrink)

This discussion emphasises the diversity, philosophical seriousness and methodological distinctiveness of sophistic thought. Particular attention is given to their views on language, ethics, and the social construction of various norms, as well as to their varied, often undogmatic dialectical methods. The assumption that the sophists must have shared common doctrines (not merely overlapping interests and professional practices) is called into question.

Both Heraclitus and Democritus, as the philosophers of historia peri phuseôs, consider nature and human character, habit, law and soul as interrelated emphasizing the links between phusis, kinesis, ethos, logos, kresis, nomos and daimon. On the one hand, Heraclitus’s principle of change (panta rhei) and his emphasis on the element of fire and cosmic motion ultimately dominate his ethics reinforcing his ideas of change, moderation, balance and justice, on the other, Democritus’s atomist description of phusis and motion underlies his (...) principle of moderation and his ideas of health and measured life. In this series, particularly referring to the main principles of motion, moderation and justice, I attempt to describe a coherent pre-Socratic ethical perspective based on the Heraclitean and Democritean fragments. I explore the connections between their physics and ethics also borrowing from Nietzsche’s lectures and writings on the Pre-Socratics. I redefine such Heraclitean and Democritean concepts as harmony, order, perfection, health, self-control, contentment, cheerfulness, concord, sound judgment, wisdom, measure and balance and discuss them under the principles of motion (phusis), moderation (sophrosyne) and justice. In doing so, I also expose the relevance of the Heraclitean notion of logos (interpreting it as the underlying categorical principle of transition between phusis and ethos) in bringing together these ideas and principles. Finally, based on this pre-Socratic Weltanschauung, I assess the possibility of a coherent picture of humanity, its nature and conduct as extending from or fitting into or extending-from-when-fitting-into the cosmos of moving forces and atoms. (shrink)

The central thesis of my article is that people live a life worthy of a human being only as self-ruling members of some autarchic (or self-governing) communities. On the one hand, nobody is born as a self-ruling individual, and on the other hand, everybody can become such a person by observing progressively the non-aggression principle and, ipso facto, by behaving as a moral being. A self-ruling person has no interest in controlling her neighbors, but in mastering his own impulses, needs, (...) wishes, desires, behaviors, etc. Inasmuch as he is an imperfect being who lives in an imperfect world, he needs to share certain interests, beliefs, values, customs and other characteristics with other people, i.e. to be involved in some communities. Depending on the following four criteria – the regulatory principle, the essential resources, the specific feedback and the fundamental values –, the countless and manifold human communities can be grouped in three categories: (1) affinity communities, (2) economic communities, and (3) civic communities. In other words, every community or human behavior has an affinity, an economic, and a civic dimension. If a civic community is merely a state shaped society, it can be called a political community. All communities are intrinsically variable. Throughout time, they ceaselessly change their composition, values, interpersonal processes and relations, territory, etc. Interestingly enough, the variability is unanimously recognized and accepted in affinity and communities economic, but is denied or abusively interpreted in the case of state shaped societies. If we confuse two types of order − cosmos and taxis – and two types of rule – nomos and thesis –, as well as we exaggerate the importance of certain type of community we bring some social maladies, namely the traditionalism, the commercialism and the civism, (with the worst form of it – the politicality). Whatever the communities they are involved in, all persons relate (implicitly or explicitly) to the libertarian non-aggression principle, living their life in strict accordance with the logical implications of the position they adopt. People who respect the non-aggression axiom necessarily manifest self-control, consideration for the life and property of the others, commitment to offer value for value, love of freedom and a high level of individual responsibility. By contrast, people who violate this axiom – the villains and the statists – invariably strive to control their neighbors, behave as parasites or predators, prefer forced exchanges, reject the personal responsibility (at most accepting the idea of social responsibility), and apply double moral standards. The first category of people generates a libertarian civic discourse as a spontaneous order, and the second creates a political/ statist civic discourse as a result of the human design and will to power. As a spontaneous order, the libertarian civic discourse implies free involvement, peaceful coordination, free expression, free reproduction of ideas and the power of one. Every communication performance in the frame of the libertarian civic discourse is important and has relevant results. All participants to the libertarian civic discourse are automatically members of some self-governing communities (at least members of the general libertarian community). The most important thing for these communities is to be connected to a communicational infrastructure which would make possible free involvement, free expression and the free reproduction of ideas. Inasmuch as today democracy means the tyranny of majority and participatory democracy the tyranny of majority plus the power of vested (and illegitimate) interests, only the emergence of self-governing communities by libertarian discourse offers us a little hope. It’s high time to fall in love (again) with liberty and to embrace the non-aggression principle. We don’t have to create a perfect world, but we can strive to develop our human nature. (shrink)

This essay proposes to rethink the conceptual associations that bind immanence to the secular and oppose it to (divine) transcendence. It asks: What if immanence is divorced from the conceptual opposition between the world and its openings to (divine) other(s), between enclosure and the trace of a transcendent outside? What might arise if immanence is severed from its link with secularity, if it ceases to be merely another conceptual support in secularism’s metaphysical armature? To pursue these questions, the essay engages (...) a variety of materials, including medieval mysticism, anthropological critiques of the secular, work in Black studies, critiques of the subject, and François Laruelle’s non-philosophical thought. The result links immanence more intimately with dispossession than with the subject’s self-possession—and entwines it with the undercommons, as the atopic lowest place, rather than with the nomos and topos imposed by the (modern) world and its regime of the proper. Immanence is thought of as anti- and antenomian force, a groundless ground coming underneath the conceptual logics of the world, its normative order of things, and life lived according to its distributions. As a result, rather than a weapon in modernity’s endless self-justifying polemics with religion, immanence opens forth trajectories for its destitution and delegitimation. (shrink)

The article talks about the emergence of the theory of imperialism and neocolonialism, the reasons that gave rise to it, and its effects on the development of humanity in the current period. Imperialism is a multifaceted, multidimensional problem. It is a political issue, it has philosophical, scientific and technological foundations, it has economic, sociological, geographical, ethnic, religious and educational dimensions. But the fact that it is primarily a human problem makes it a multifaceted problem. Surely we can increase these reasons. (...) But no matter how much we multiply, colonization of one society by another society, confiscation of its wealth, enslavement and cultural separation is the most visible form of this. But this experience is not unprecedented in human history. Because human history has been a kind of exploitation, enslavement and attempts to create superiority. As Camus said, "Man emerges as the most dangerous being for his species". Attitudes to imperialism may vary between tribal and celestial cultures. After all, the culture of heaven is a culture cultivated by divine teaching. Exploitation and slavery are the dominant attitudes of tribal cultures. In these cultures, the relationship between man and man is based on power, wealth and nobility. In celestial cultures, the relationship between man and man was determined by nomos, divine laws. Heavenly culture is the product of a will that emerges for "good will" to prevail. It should be known that colonialism is a tribal behavior wherever and whenever it occurs. Because they do not see other societies as equal to themselves, it is a desire to dominate, exploit and enslave those who are not like themselves. From this perspective, colonialism can be seen as one of the oldest forms of behavior in history. This situation appears as the victory of the strong over the weak. Since transcendental attachment does not occur, they are in a position to absolutize their self. As a result, they see themselves as masters to be served, they see in themselves the right to such an inclination. It can be misleading to associate the colonial movement with human nature. It is more about the degradation and degeneration of human nature, it is about self-cultivation. It is a matter of outlook. The heavenly cultures, where the powerless were protected and spared, showed themselves not in a colonial style, but in a protective and compassionate way. We can see this patronizing relationship in the states established within the celestial cultures. (shrink)

Der Vortrag will die positiven Interpretationsmöglichkeiten untersuchen, die mit der weiteren Verfolgung der am Anfang des Dialogs vorzeitig verlassenen Unterscheidung zwischen der Herdezucht und Gemeinzucht verbunden sein können. Ich werde davon ausgehen, dass diese Unterscheidung nicht nur auf den Mythos und auf die beiden dort entdeckten Diairesis-Fehler hinweist, sondern auch auf mehrere im späteren Verlauf des Dialogs erschienenen Dilemmata und Spannungen, die sie systematisch vorzeichnet, indem sie ins Problemfeld der Nomos-Nous-Beziehung vordringt.

Everyday our vision travels across time and space. We see images in the media about atrocities, disruptions, crises, famine, and wars. And in each case our sense of injustice is awakened. We feel outrage and indignation based upon our ideals and value systems which were formed through our traditions and religions. But in this age where the power of media and information is so powerful, what we see is often manufactured to appeal to our values. While these values circulate among (...) the images we see in cyberspace, these manipulations are rooted in certain realities: geography, natural resources, and power relationships. Our values are managed to serve the control of resources and territory. They serve the deeper reality of geography and geopolitics. How then are these ideals and values created, manipulated, and opposed across various pivots or boundaries, between East and West, between the individual and the collective? Through English geographer Sir Halford Mackinder’s concepts of “pivot” and “heartland”; German philosopher Carl Schmitt’s importance of “nomos”; and French writer Victor Segalen’s reflections on the loss of cultural diversity, we outline this priority of geography. By examining these writers, we can begin to ask if our ideals and values have any real moral or theological significance, or if they are merely effects of the competition between powers. Can ideals and values lead to real change and development, or are they merely leashes to guide us based on the aims of power? (shrink)

This article argues that certain interpretive trajectories within Jewish tradition – both halakhic (nomos) and aggadic (narrative) – can be illuminated vis-a-vis classical American pragmatism (CAP). Contrary to a prevalent belief, Peirce, James, and Dewey were neither anti-metaphysical nor anti-traditional. They contended, in different ways, that the ‘pragmatic maxim’ (PM) – “truth is what works” in James’s phrasing – is not a narrowly instrumentalist truth test. The PM rather implies that ideas and beliefs (philosophical and religious alike) should be (...) examined against their worldly consequences. After a clarification of this relational idea in its pragmatist philosophical context, and an introductory sketch of the appearances of the PM in Jewish tradition, the article examines the PM within the thought of Rabbi Ḥayyim Hirschensohn (RḤH; 1857-1935). The article runs as follows: Section 1 presents CAP and clarifies what the PM is. Section 2 offers a bird’s eye mapping of the application of the PM within Jewish tradition. Section 3 briefs RḤH’s intellectual biography and elaborates on his pragmatist premises and his application of the PM. Rather than conceiving divine commandments as an arbitrary dictate, RḤH viewed them as purposive, relational, and as constituted and reaffirmed by individual and collective human agreements. Finally, the article reflects on the theological-intellectual prerequisites for the application of the PM. (shrink)

The nature and value of autonomy has long been debated in diverse philosophical traditions, including moral and political philosophy. Although the notion dates back to ancient Greek philosophy, it was during the Age of Enlightenment that autonomy drew much attention. Thus, as may be known, moral philosophers tended to emphasize self-regulation, particularly one’s own will to abide by universal moral laws, as the term “autonomy” originates from the Greek words “self” (auto) and “rule” (nomos). In parallel, modern epistemologists supposedly (...) espoused the idea of intellectual autonomy as self-reliance. In this classical view, an intellectually autonomous explorer of knowledge must not depend on a belief that is obtained from another’s testimony, until one can justify it to oneself. However, accompanying the growing focus on the importance of social dimensions of acquiring knowledge and understanding, recent epistemologists have doubted the classical view and have since reconsidered intellectual autonomy from distinct approaches such as social and virtue epistemology. This paper propounds an interpersonal-epistemic approach to intellectual autonomy. First, it is argued that thinking through questioning both individually and with other epistemic peers is an interpersonal-epistemic practice. Second, it is demonstrated that with particular cognitive features inherent within us, an intellectually autonomous person must think through questioning in necessary situations. This interpersonal account of intellectual autonomy can conceptually enrich intellectual autonomy by considering its relationship with not only responsibility but also with vulnerability. Specifically, regarding responsibility, an intellectually autonomous person must be responsible for his or her own actions throughout questioning processes. Regarding vulnerability, our intellectual autonomy lies in retaining autonomy with vulnerability in the plastic control of the questioning processes. (shrink)

Review of George Duke's Aristotle and Law. The Politics of Nomos (Cambridge University Press, 2020).

THE WORD IN AFRICAN ONTOLOGY Socrates Ebo, PhD ABSTRACT The word in African ontology is more than mere expression of sounds. It is a being which is intra-mental and extra-mental. It is a creation of human mind and the human lips. But it is also an independent entity with enormous causal powers in the African universe of forces. It is an art as well as a means of communication. It is the embodiment of the history of the African community. Embedded (...) in the word, is the community’s ethics. Yet, the word is also a series of sounds which can be learnt and repeated. It can be uttered by anyone yet not everyone can put it to every use. The word can be profound in a context and meaningless in another context. The same word that is commonplace in common speech can be a causal force in a coded ritual. Yet, it is the word: ubiquitous and cryptic, mystic and plebeian; sacred and profane, artistic, yet plain bland on the lips of many. -/- . (shrink)

The powerful role that teachers can play in our development is the focus Binyamin, Jayusi, and Tamir’s chapter in this volume. They argue that teachers, in particular teachers that don’t share the same background as their students, can help counter the increasing polarization that characterizes our current era. In these critical notes I raise three challenges to their proposal. First, by exploring the mechanisms of polarization I demonstrate that polarization is not a problem unique to thick diversity or thick multiculturalism. (...) Second, the central premise of the authors’ proposal rests on the ability of greater contact to reduce prejudice. The contact hypothesis, however, has numerous backlash effects and unintended consequences that can increase prejudice rather than reduce prejudice. These backlash effects and unintended consequences raise serious doubts for the success of placing minority teachers in majority classrooms to reduce prejudice. Third, I raise concerns about how the proposal tokenizes minority teachers, the use of instrumental rationales for diversity, and the politics of deference and being-in-the-room privilege that also go unaddressed in their proposal. (shrink)

​I evaluate a suggestion, floated by Kimberly Ferzan (this volume), that the twitter hashtag campaign #BelieveWomen is best accommodated by non-reductionist views of testimonial justification. I argue that the issue is ultimately one about the ethical obligation to trust women, rather than a question of what grounds testimonial justification. I also suggest that the hashtag campaign does not simply assert that ‘we should trust women’, but also militates against a pernicious striking-property generic (roughly: ‘women make false sexual assault accusations’), that (...) distorts our evaluation of women’s testimony concerning sexual assault. I conclude #BelieveWomen does not demand that we believe against the evidence, or uncritically, or be more trusting than we have evidential justification to be. Rather, it aims to bring our trust closer to what is merited by the base-rate of reliable testimony from women concerning sexual assault. (shrink)

This essay develops a model of democratic representation from the standpoint of epistemic theories of democracy. Such theories justify democracy in terms of its tendency to yield decisions that “track the truth” by integrating asymmetrically dispersed knowledge. From an epistemic point of view, I suggest, democratic representatives are best modeled as epistemic intermediaries who facilitate the vertical integration of knowledge between policy experts and non-experts, and the horizontal integration of knowledge among diverse non-experts. The primary analytical payoff of this model (...) is that it provides a clear rationale for variation in the norms and institutionalization of representative behavior. Sometimes a delegate-like approach is the right one, and sometimes a trustee-like approach is better. The key determinant is the effect of these models on the epistemic quality of outcomes under different circumstances. Towards the end of the essay, I apply the model to the present revival of populism and consider its implications in that context. (shrink)

In “Reconciliation as Non-Alienation: The Politics of Being at Home in the World,” Catherine Lu develops a novel account of reconciliation. Put briefly, she claims that reconciliation aims to address agents’ alienation from the unjust social institutions and practices that structure their lives; it aims, in other words, to enable these agents to be at home in their social worlds. In these comments, I present two kinds of challenges that Lu’s account faces. Both challenges have their source in forms of (...) shame and fear that are apt to discourage socially privileged agents from participating in the process of reconciliation that Lu describes. My hope is that thinking through responses to the challenges that I discuss will deepen our understanding of the grounds for engaging in reconciliation at all, the relation between our ideals of reconciliation and our ideals of justice, and the burdens that may be associated with the pursuit of these ideals. (shrink)

In this paper, we intend to explore the possible influences of legislative prose in the Anaximander’s cosmological prose construction, who would have been, according to Themistius, “the first Greek who dared to expose a written discourse about nature” (ἐθάρρησε πρῶτος ὧν ἴσμεν Ἑλλήνων λόγον ἐξενεγκεῖν περὶ φύσεως συγγεγραμμένον, Or. 26 p. 383 = DK12A7). Our aim is to clarify which notions of nature and justice are assumed in its emergent cosmology, considering that, at least from the lexical point of view, (...) it seems strongly suggestive to be undefined the barriers between the legal and cosmic order, between the Human and the Natural. Indeed, this is what the peripatetic tradition seems to suggest by judging Anaximander’s language extremely poetic (ποιητικωτέροις οὕτως ὀνόμασιν αὐτὰ λέγων), since he would use legal terms (διδόναι αὐτὰ δίκην καὶ τίσιν ἀλλήλοις τῆς ἀδικίας) to explain the natural processes of generation and corruption (ἡ γένεσίς ἐστι τοῖς οὖσι, καὶ τὴν φθορὰν εἰς ταῦτα γίνεσθαι, Simpl. in Phys. 24. 13–25 = DK12B1). ——— Objetivamos neste artigo explorar as possíveis influências da prosa legislativa na constituição da prosa cosmológica de Anaximandro de Mileto, que teria sido, segundo Temístio, “o primeiro grego que ousou expor um discurso escrito sobre a natureza” (ἐθάρρησε πρῶτος ὧν ἴσμεν Ἑλλήνων λόγον ἐξενεγκεῖν περὶ φύσεως συγγεγραμμένον, Or. 26 p.383 = DK12A7). Visamos aclarar que noções de natureza e de justiça estão sendo pressupostas nessa cosmologia então emergente, considerando que, ao menos do ponto de vista lexical, parece fortemente sugestivo serem indefinidas as barreiras entre a ordem jurídica e a cósmica, entre o âmbito humano e o natural. Com efeito, é o que parece já sugerir a tradição peripatética ao julgar o linguajar de Anaximandro extremamente poético (ποιητικωτέροις οὕτως ὀνόμασιν αὐτὰ λέγων) por o milésio empregar termos considerados do âmbito jurídico (διδόναι αὐτὰ δίκην καὶ τίσιν ἀλλήλοις τῆς ἀδικίας) para explicar os processos ditos naturais de geração e corrupção (ἡ γένεσίς ἐστι τοῖς οὖσι, καὶ τὴν φθορὰν εἰς ταῦτα γίνεσθαι, Simpl. in Phys. 24.13–25 = DK12B1). (shrink)

This essay proposes that legitimacy (on at least one understanding of the protean term) is centrally a right to err: a right to make mistakes that harm interests of others that are ordinarily protected by rights (Section 1). Legitimacy so understood is importantly distinct from authority, the normative power to impose binding (or enforceable) rules at will (Section 2). Specifically, legitimate institutions have a distinctive liberty right to harm others’ interests that other agents normally lack. Their subjects in turn lack (...) certain permissions to avoid, or redirect, the costs of the institutions’ mistakes in ways that would otherwise be permissible (Section 3). Legitimate institutions have this liberty right because, and insofar as, they act for their subjects (in a specific sense), and do so only for the subjects’ sake. As a matter of fairness, (some of) the costs of the institutions’ actions are borne by the subjects for whom they are undertaken (Section 4). In turn, where an institution fails to act for its subjects in the relevant way, it (and its officials) may have to bear the costs of its errors, which the subject is morally permitted to redirect by acts of resistance (Section 5). (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)