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Criticism and sarcasm are interspersed with description and analysis throughout Marx's work. Most of the criticism is aimed at one or another side of a single target: what Marx sees as capitalism's pretensions of freedom, equality, and prosperity in the face of exploitation and recurrent crises. But the remarks on commodity fetishism in the first volume of Capital seem to be directed at a different target. Here Marx tells us that a commodity is ‘a queer thing, abounding in metaphysical subtleties and theological niceties.’ But instead of going on to reveal the nature of commodites-the task that occupies him for the preceding 30 and subsequent 700 pages-Marx takes the opportunity to explore their ‘mystical’ character. The passage repays careful consideration. It is one of the few places in his mature writings in which Marx returns to the tone of his youthful works. It is also the passage in which commentators have claimed to find grounds for attributing a doctrine of ‘false consciousness’ to Marx.
Kant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use this analysis to explore the international law analogues of the three titles of private right, explaining how territory differs from property, treaty from contract and the specific form of status relations between nations. I conclude with a brief discussion of the ongoing relevance of these horizontal relations.
I argue that institutions charged with giving justice must understand responsibility in terms of norms governing what people are entitled to expect of each other. On this conception, the sort of responsibility that is of interest to private law or distributive justice is not a relation between a person and the consequence, but rather a relation between persons with respect to consequences. As a result, nonrelational facts about a person’s actions and the circumstances in which she performs them will never settle the questions of responsibility that matter to institutions charged with giving justice. I show the significance of this way of thinking about responsibility by contrasting it with prominent conceptions of responsibility which suppose that its moral significance derives from the ways in which an individual person acts in the world. I demonstrate its power by focussing on cases in which responsibility is widely agreed to run out in ways that non-relational conceptions of responsibility cannot explain.
In Legality, Scott Shapiro introduces what he calls the “Planning Theory of Law.” Shapiro introduces the idea of a plan with examples from outside of the law. He then must provide an account of what is distinctive about law, such that the other plan-based social orders are not also legal systems. He gives two answers: first, a legal system is organized by a moral aim. Second, a legal system is self-certifying. I examine these in turn, and argue that each can only characterize what is distinctive about law if the relevant moral problem that law aims to solve is itself specifically concerned with authority—that is with who gets to decide about what. Other forms of planning assign roles to people to solve problems that have nothing to do with authority; law uses role-based authority to solve a moral problem that is fundamentally about authority.
Ronald Dworkin occupies a distinctive place in both public life and philosophy. In public life, he is a regular contributor to The New York Review of Books and other widely read journals. In philosophy, he has written important and influential works on many of the most prominent issues in legal and political philosophy. In both cases, his interventions have in part shaped the debates he joined. His opposition to Robert Bork's nomination for the United States Supreme Court gave new centrality to debates about the public role of judges and the role of original intent in constitutional interpretation. His writings in legal philosophy have reoriented the modern debate about legal positivism and natural law. In political philosophy, he has shaped the ways in which people debate the nature of equality and has reframed debates about the sanctity of life.
This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists.
Group rights have long been of special concern to Canadians. Quebec has maintained a distinct language and civil law system, and Canada's Aboriginal Peoples have always had (“enjoyed” is perhaps the wrong word here) different legal rights from those of other Canadians. Former Prime Minister Pierre Trudeau sought to reduce the significance of these special protections. He argued that they were the product of historical compromise and political wrangling rather than of any principled vision ofjustice. As a result, he opposed any special status for Quebec in favour of nationwide bilingualism, and sought to dismantle the reserve system for the First Nations. He sought to replace both with the idea of universal citizenship.
In 1959, an article in the Harvard Business Review asked “Can Capitalism Win the Intellectuals?” Thirty years later, affirmative answers are prominent. Economic stagnation and downright collapse in the planned economies of Eastern Europe, coupled with the seeming inability of the deficit-ridden welfare states of the West to maintain social services provide at least part of the explanation. But philosophers have been eager to show that this is more than an historical trend.
Multiculturalism is an increasingly important topic for philosophers, largely because of the practical problems posed by diversity. Traditional political philosophy had little to say about cultural difference, taking the existence of a shared language and culture pretty much for granted. The multicultural societies of the contemporary world make such assumptions untenable. Traditional questions of fairness and sovereignty find hard cases in such policy issues as immigration, education, criminal law, and freedom of expression.
‘Liberal’ is still a term of abuse in US presidential politics and certain academic circles. But gone for now are the days when liberals were saddled with responsibility for (depending on who was making the accusation) crime, promiscuity or crass concern with material wealth. Instead, competing political visions increasingly do battle for the right to carry the liberal banner.
David Gauthier's recent and elegant Morals by Agreement sets itself the task of deriving morality from the non-moral premises of the theory of rational choice. Gauthier uses the device of a social contract to demonstrate the rational basis of a morality emphasizing rights against force and fraud, private property and the keeping of contracts. Gauthier's social contract is supposed to demonstrate the basis of a morality that is both categorical and enforceable. If his argument is successful, it will demonstrate both the demands that morality may rightly make on each of us, and the moral demands that we may rightly hold each other to.
What are preferences and are they reasons for action? Is it rational to cooperate with others even if that entails acting against one's preferences? The dominant position in philosophy on the topic of practical rationality is that one acts so as to maximize the satisfaction of one's preferences. This view is most closely associated with the work of David Gauthier, and in this collection of essays some of the most innovative philosophers working in this field explore the controversies surrounding Gauthier's position. Several essays argue against influential conceptions of preference, while others suggest that received conceptions of rational action misidentify the normative significance of rules and practices. This collection will be of particular interest to philosophers of social theory and to reflective social scientists in such fields as economics, political science and psychology.
More than two decades ago, Ronald Dworkin described equality as “a popular but mysterious political ideal.” More recently he described it as the “endangered species” of political ideals. Yet both its claim and its mystery persist. It is mysterious because its demands are not always clear and its relation to other values seldom is. A long tradition in political philosophy supposes that the ideas of liberty and equality conflict irreconcilably. The most we can hope for, on this view, is for some acceptable compromise between them. Dworkin's writings about equality hold out the more appealing prospect that, far from being opposed values, liberty and equality are inseparable.
BACKGROUND
Normative political philosophy had no real place in the English-speaking world in the middle part of the twentieth century. Such political philosophy as there was consisted in the study of great thinkers of the past or conceptual analyses of political concepts. Isaiah Berlin's “Two Concepts of Liberty” sought to clarify the nature of liberty and its relation to other values, arguing that liberty was one among several political values. Equality was another, and they were always potentially in conflict. Berlin cautioned against what he saw as the dreadful costs of overlooking this conflict and pretending that values could be integrated into a seamless web. Citizens and politicians must not try to deny or evade the conflict between those values but must instead face up to the choices between them that must be made.