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The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.
Apocalypse, it seems, is everywhere. Preachers with vast followings proclaim the world's end and apocalyptic fears grip even the non-religious amid climate change, pandemics, and threats of nuclear war. But as these ideas pervade popular discourse, grasping their logic remains elusive. Ben Jones argues that we can gain insight into apocalyptic thought through secular thinkers. He starts with a puzzle: Why would secular thinkers draw on Christian apocalyptic beliefs-often dismissed as bizarre-to interpret politics? The apocalyptic tradition proves appealing in part because it theorizes a special relation between crisis and utopia. Apocalyptic thought points to crisis as the vehicle to bring the previously impossible within reach, thus offering apparent resources for navigating challenges in ideal theory, which tries to imagine the best and most just society. By examining apocalyptic thought's appeal and risks, this study arrives at new insights on the limits of ideal theory and utopian hope.
Among politicians and policy-makers it is almost universally assumed that more transparency in government is better. Until now, philosophers have almost completely ignored the topic of transparency, and when it is discussed there seems to be an assumption (shared with politicians and policy-makers) that increased transparency is a good thing, which results in no serious attempt to justify it. In this book Brian Kogelmann shows that the standard narrative is false and that many arguments in defence of transparency are weak. He offers a comprehensive philosophical analysis of transparency in government, examining both abstract normative defences of transparency, and transparency's role in the theory of institutional design. His book shows that even when the arguments in favour of transparency are compelling, the costs associated with it are just as forceful as the original arguments themselves, and that strong arguments can be made in defence of more opaque institutions.
Many, including Marx, Rawls, and the contemporary 'Black Lives Matter' movement, embrace the ambition to secure terms of co-existence in which the worth of peoples' lives becomes a lived reality rather than an empty boast. This book asks whether, as some believe, the philosophical idea of human dignity can help achieve that ambition. Offering a new fourfold typology of dignity concepts, Colin Bird argues that human dignity can perform this role only if certain traditional ways of conceiving it are abandoned. Accordingly, Bird rejects the idea that human dignity refers to the inherent worth or status of individuals, and instead reinterprets it as a social relation, constituted by affects of respect and the modes of mutual attention which they generate. What emerges is a new vision of human dignity as a vital political value, and an arresting vindication of its role as an agent of critical reflection on politics.
Freedom is widely regarded as a basic social and political value that is deeply connected to the ideals of democracy, equality, liberation, and social recognition. Many insist that freedom must include conditions that go beyond simple “negative” liberty understood as the absence of constraints; only if freedom includes other conditions such as the capability to act, mental and physical control of oneself, and social recognition by others will it deserve its place in the pantheon of basic social values. Positive Freedom is the first volume to examine the idea of positive liberty in detail and from multiple perspectives. With contributions from leading scholars in ethics and political theory, this collection includes both historical studies of the idea of positive freedom and discussions of its connection to important contemporary issues in social and political philosophy.
American political thought was shaped by a unique combination of theoretical influences: republicanism, liberalism, and covenant theology. This reader shows how these influences came together. Organized chronologically from the Puritans' arrival in the New World to the Civil War, each chapter includes carefully selected primary sources and substantial commentary to explain the historical context and significance of the excerpts. A coherent interpretative framework is offered by focusing the analysis on the different assumptions of the people - the republican understanding as a corporate whole and the liberal understanding as a multitude of individuals - that were intertwined during the founding. The book features, for the first time, two chapters on non-American authors, who capture the main tenets of republicanism and liberalism and were widely quoted in the era, as well as excerpts from lesser-known sources, including Puritan covenants, the first state constitutions, and Native American speeches.
The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583–1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.
The theory and practice of civil disobedience has once again taken on import, given recent events. Considering widespread dissatisfaction with normal political mechanisms, even in well-established liberal democracies, civil disobedience remains hugely important, as a growing number of individuals and groups pursue political action. 'Digital disobedients', Black Lives Matter protestors, Extinction Rebellion climate change activists, Hong Kong activists resisting the PRC's authoritarian clampdown…all have practiced civil disobedience. In this Companion, an interdisciplinary group of scholars reconsiders civil disobedience from many perspectives. Whether or not civil disobedience works, and what is at stake when protestors describe their acts as civil disobedience, is systematically examined, as are the legacies and impact of Henry Thoreau, Mahatma Gandhi, and Martin Luther King.
Is work as we know it disappearing? And if so why should we care? These questions are explored by Raymond Geuss in this compact but sweeping survey which integrates conceptual analysis, historical reflection, autobiography and social commentary. Geuss explores our concept of work and its origins in industrial production, the incentives and compulsions which societies use to get us to work, and the powerful hold which the work ethic has over so many of us. He also looks at dissatisfaction with work - which is as old as work itself - and at various radical proposals for doing away with it, and at the seemingly irreversible growth of unemployment as a result of mechanisation. His book will interest anyone who wishes to understand the place of work in our world. This new series offers short and personal perspectives by expert thinkers on topics that we all encounter in our everyday lives.
This landmark handbook collects in a single volume the current state of cutting-edge research on the capability approach. It includes a comprehensive introduction to the approach as well as new research from leading scholars in this increasingly influential multi-disciplinary field, including the pioneers of capability research, Martha C. Nussbaum and Amartya Sen. Incorporating both approachable introductory chapters and more in-depth analysis relating to the central philosophical, conceptual and theoretical issues of capability research, this handbook also includes analytical and measurement tools, as well as policy approaches which have emerged in the recent literature. The handbook will be an invaluable resource for students approaching the capability approach for the first time as well as for researchers engaged in advanced research in a wide range of disciplines, including development studies, economics, gender studies, political science and political philosophy.
How do we punish others socially, and should we do so? In her 2018 Descartes Lectures for Tilburg University, Linda Radzik explores the informal methods ordinary people use to enforce moral norms, such as telling people off, boycotting businesses, and publicly shaming wrongdoers on social media. Over three lectures, Radzik develops an account of what social punishment is, why it is sometimes permissible, and when it must be withheld. She argues that the proper aim of social punishment is to put moral pressure on wrongdoers to make amends. Yet the permissibility of applying such pressure turns on the tension between individual desert and social good, as well as the possession of an authority to punish. Responses from Christopher Bennett, George Sher and Glen Pettigrove challenge Radzik's account of social punishment while also offering alternative perspectives on the possible meanings of our responses to wrongdoing. Radzik replies in the closing essay.
We typically think of resentment as an unjustifiable and volatile emotion, responsible for fostering the worst political divisions. Recognizing Resentment argues instead that sympathy with the resentment of victims of injustice is vital for upholding justice in liberal societies, as it entails recognition of the equal moral and political status of those with whom we sympathize. Sympathizing with the resentment of others makes us alive to injustice in a way no rational recognition of wrongs alone can, and it motivates us to demand justice on others' behalves. This book rehabilitates arguments for the moral and political worth of resentment developed by three influential thinkers in the early liberal tradition - Joseph Butler, David Hume, and Adam Smith - and uses these to advance a theory of spectatorial resentment, discussing why we should be indignant about the injustice others face, and how such a shared sentiment can actually bring liberal citizens closer together.
A reading of Theory that in tracing when and where Theory arises in the event of reading proposes how Theory might best be handled in the context of higher education today. Arguing against those who propose to avoid Theory in the name of its putative obsolescence, this text sets out to challenge two aspects of this avoidance. On the one hand, Theory has been set aside in the name of identity politics, that is, the proposition that its intellectual pertinence has been overshadowed by a sense of political urgency construed as at odds with Theory. Theory itself has assumed an identity, a profile. On the other hand, implicit within the avoidance of Theory is a concept of 'context' that calls for reflection. Resisting the tendency to treat context as either negligible or obvious, this text sets out to trace, in the when and where of Theory, the rudiments of a 'sociographic' (think 'historiographic') account of context. In relation to it, the reading that is Theory can be usefully situated as part of a politics of higher education in the era of the global crisis of the university.
In Wittgenstein and the Social Sciences, Robert Vinten takes a fresh look at the relationship between Wittgenstein's philosophy and the social sciences. He argues that although social sciences are quite different to the natural sciences, they are nonetheless properly called 'sciences'. The book looks in detail at whether Wittgenstein can be claimed by conservatives, liberals, or socialists as their own. Wittgenstein's philosophical remarks and remarks about politics and culture are taken into account in deciding where to locate Wittgenstein in relation to various ideologies. In the final part of the book, Vinten considers how Wittgenstein's philosophy can be of use in resolving or dissolving problems in the social sciences. Along the way, he critically assesses work from Perry Anderson, Terry Eagleton, Richard Rorty, and Chantal Mouffe in the light of Wittgenstein's philosophical oeuvre. The book makes a compelling examination of how Wittgenstein's work remains as relevant as ever to thinking about our cultural and political situation.
Although many of Edmund Burke's speeches and writings contain prominent economic dimensions, his economic thought seldom receives the attention it warrants. Commerce and Manners in Edmund Burke's Political Economy stands as the most comprehensive study to date of this fascinating subject. In addition to providing rigorous textual analysis, Collins unearths previously unpublished manuscripts and employs empirical data to paint a rich historical and theoretical context for Burke's economic beliefs. Collins integrates Burke's reflections on trade, taxation, and revenue within his understanding of the limits of reason and his broader conception of empire. Such reflections demonstrate the ways that commerce, if properly managed, could be an instrument for both public prosperity and imperial prestige. More importantly, Commerce and Manners in Edmund Burke's Political Economy raises timely ethical questions about capitalism and its limits. In Burke's judgment, civilizations cannot endure on transactional exchange alone, and markets require ethical preconditions. There is a grace to life that cannot be bought.
In a world no longer centered on the West, what should political theory become? Although Western intellectual traditions continue to dominate academic journals and course syllabi in political theory, up-and-coming contributions of 'comparative political theory' are rapidly transforming the field. Deparochializing Political Theory creates a space for conversation amongst leading scholars who differ widely in their approaches to political theory. These scholars converge on the belief that we bear a collective responsibility to engage and support the transformation of political theory. In these exchanges, 'deparochializing' political theory emerges as an intellectual, educational and political practice that cuts across methodological approaches. Because it is also an intergenerational project, this book presses us to re-imagine our teaching and curriculum design. Bearing the marks of its beginnings in East Asia, Deparochializing Political Theory seeks to de-center Western thought and explore the evolving tasks of political theory in an age of global modernity.
By executive order, the US adopted an immigration policy that looks remarkably similar to a Muslim ban, and threatened to deport long-settled residents, such as the so-called Dreamers. Our defunct refugee system has not dealt adequately with increased refugee flows, forcing desperate people to undertake increasingly risky measures in efforts to reach safe havens. Meanwhile increased migration flows over recent years appear to have contributed to a rise in right-wing populism, apparently driving phenomena such as Brexit and Trumpism. In this original and insightful book Gillian Brock offers answers and tools that assist us in evaluating current migration policy and in helping to determine which policies may be permissible and which are normatively indefensible. She offers a comprehensive framework for responding to the many challenges which have recently emerged, and for delivering justice for people on the move along with those affected by migration.
Each year, millions of people die from poverty-related causes. In this groundbreaking and thought-provoking book, Gwilym David Blunt argues that the only people who will end this injustice are its victims, and that the global poor have the right to resist the causes of poverty. He explores how the right of resistance is used to reframe urgent political questions: is illegal immigration a form of resistance? Can transnational social movements, such as the indigenous rights movement, provide the foundations for civil resistance to global poverty? If peaceful resistance fails, is armed struggle justified? Do people living in affluent states have a responsibility to help even if it requires them to break the law? Giving clear historical examples and engaging with fields including philosophy, international law, history, and international political studies, this volume addresses real-world issues from terrorism to activism. It will be important for anyone interested in applied philosophy and global injustice.
"Science Advice and Global Environmental Governance" examines expert committees established to provide advice on science to multilateral environmental agreements. By focusing on how these institutions are sites of coproduction of knowledge and policy, this work brings to light the politics of science advice and details how these committees are contributing to an emerging global environmental constitutionalism. Grounded in participant observation, elite interviews and document analysis, this book uses the lenses of the body of experts, body of knowledge and institutional body to focus on three treaties: the Montreal Protocol on Substances That Deplete the Ozone Layer, the Stockholm Convention on Persistent Organic Pollutants and the UN Convention to Combat Desertification.