Tara Smith's Ayn Rand's Normative Ethics: a Positive Contribution?
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Originalism, Vintage Or Nouveau: “He Said, She Said” Law
Fordham Law Review Volume 82 Issue 2 Article 10 2013 Originalism, Vintage or Nouveau: “He Said, She Said” Law Tara Smith University of Texas at Austin Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Tara Smith, Originalism, Vintage or Nouveau: “He Said, She Said” Law, 82 Fordham L. Rev. 619 (2013). Available at: https://ir.lawnet.fordham.edu/flr/vol82/iss2/10 This Symposium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ORIGINALISM, VINTAGE OR NOUVEAU: “HE SAID, SHE SAID” LAW Tara Smith* INTRODUCTION: AN OVERVIEW OF ORIGINALISM’S BASIC FAILURE I begin with a brief overview of originalism’s central failings. I then consider three lines of defense that help to explain its resilient appeal and proceed to critique those three lines of reasoning. Through its various incarnations, I contend, originalism is guilty of a fatal contradiction. Law represents coercion. A legal system governs by force; that is the tool that gives teeth to its rules. I say this not as an indictment of law or of government; it is simply a fact—a fact that is significant to the proper conduct of judicial review. A legal system also works by words, which state the authority that it does and does not possess and how its coercive power will be used. -
Libertarians in Bush's World
ESSAY ON LIBERTY+ LIBERTARIANS IN BUSH’S WORLD Todd Seavey* Imagine ordinary, non-ideological people hearing about an obscure politi- cal sect called libertarianism, which emphasizes self-ownership, property rights, resistance to tyranny and violence, the reduction of taxation and regulation, control over one’s own investments, and the de-emphasizing of litigation as a primary means of dispute resolution. Since this philosophy has very few adherents in the general population and is very much a minority position among intellectuals, one might expect proponents of the creed to count themselves lucky, given the likely alternatives, if the president of the country in which most of them live increasingly emphasized the themes of freedom and ownership in his major speeches; toppled brutal totalitarian regimes in two countries while hounding democracy-hating theocratic terrorists around the globe; cut taxes (despite howls even from some in the free-market camp that the cuts were too deep); called for simplification of the tax code; appointed relatively industry-friendly officials to major regulatory bodies such as the Environmental Protection Agency and the Food and Drug Administration despite frequent criti- cism by the media; proposed partially privatizing Social Security (America’s largest socialist boondoggle but one long regarded as sacrosanct by political analysts); and pushed tort reform to combat the chilling effect of lawsuits on doctors and manu- facturers. + Essays on Liberty is a continuing series of the Journal of Law & Liberty, dedicated to explorations of freedom and law from perspectives outside the legal academy. * Director of Publications for the American Council on Science and Health (ACSH.org, HealthFactsAnd- Fears.com), which does not necessarily endorse the views expressed here. -
The Contested Legacy of Ayn Rand
THE CONTESTED LEGACY OF AYN RAND Truth and Toleration in Objectivism THE CONTESTED LEGACY OF AYN RAND THE CONTESTED LEGACY OF AYN RAND Truth and Toleration in Objectivism DAVID KELLEY The OBJECTIVIST CENTER Transaction Publishers Poughkeepsie, New York New Brunswick (U.S.) & London (U.K.) First Printing, February, 1990 Second Revised Edition, 2000 Copyright © 1990 by David Kelley Copyright © 2000 by David Kelley All Rights Reserved. No part of this book may be reprinted in any form without written permission from the author. For information address Dr. David Kelley, The Objectivist Center, 11 Raymond Avenue, Suite 31, Poughkeepsie, New York 12603 Library of Congress Cataloging-in-Publication Data Kelley, David, 1949– The Contested Legacy of Ayn Rand: Truth and Toleration in Objectivism/ David Kelley Includes bibliographic references (p. 103–111) and index. ISBN 1-57724-010-3 Printed in the United States of America The Objectivist Center 11 Raymond Avenue, Suite 31 Poughkeepsie, New York 12603 TABLE OF CONTENTS PREFACE TO THE 2ND EDITION 9 INTRODUCTION 13 I. MORAL JUDGMENT 19 COGNITION AND EVALUATION 19 MORAL JUDGMENT 21 TYPES OF MORAL JUDGMENT 23 THE TEMPERAMENT OF A JUDGE 28 II. SANCTION 31 EXISTENTIAL AID AND MORAL SANCTION 31 THE CASE OF LIBERTARIANISM 36 III. ERROR AND EVIL 39 IDEAS AND ORIGINAL SIN 40 THE ROLE OF IDEAS IN HISTORY 43 THE SCOPE OF HONEST ERROR 50 INHERENTLY DISHONEST IDEAS 57 IV. TOLERATION 61 TOLERANCE, JUSTICE, AND BENEVOLENCE 61 TOLERANCE AND OBJECTIVITY 63 V. OBJECTIVISM 71 OPEN AND CLOSED SYSTEMS 73 OBJECTIVISM AS AN OPEN SYSTEM 75 WHAT IS OBJECTIVISM? 81 THE OBJECTIVIST MOVEMENT 85 POSTSCRIPT 95 NOTES 103 APPENDIX A: A QUESTION OF SANCTION 113 APPENDIX B: BETTER THINGS TO DO 119 INDEX 123 PREFACE TO THE 2ND EDITION 2000 Ayn Rand’s philosophical novels The Fountainhead and Atlas Shrugged made her the most controversial author of her age. -
Tara Smith's Ayn Rand's Normative Ethics
Review Essay: Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist Carrie-Ann Biondi Marymount Manhattan College There has been in academic philosophy a resurgence of naturalistic virtue ethics that renders it a viable competitor with deontology and utilitarianism, making the timing opportune for the appearance of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist.1 Indeed, Smith in part situates her book within this trend, but also contrasts her explication of how Rand’s rational ethical egoism intersects with virtue theories that have at best “danced around the edges of egoism” (p. 1). Thus far, Smith’s book has been generally well received in the few reviews it has gotten,2 especially by scholars and advocates of Rand’s Objectivism. However, some attention from mainstream philosophers, even by those who are sympathetic readers,3 reveals that contemporary moral philosophers struggle to understand the nuanced value theory underlying Objectivism and are slow to embrace full-fledged egoism. This is hardly surprising, given that many (if not most) ethics 1 Tara Smith, Ayn Rand’s Normative Ethics: The Virtuous Egoist (New York: Cambridge University Press, 2006). 2 See Stephen Hicks, “Review of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Philosophy in Review 27, no. 5 (October 2007), pp. 377-79; Helen Cullyer, “Review of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Notre Dame Philosophical Reviews (November 12, 2006), accessed online at: http://ndpr.nd.edu/review.cfm?id=8123; Robert Mayhew, “Review of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Philosophical Books 49, no. -
Philosophical Foundations of Capitalism
Capitalism and Morality _________________________ Philosophical Foundations of Capitalism Edward W. Younkins Professor of Accountancy Wheeling Jesuit University The power of ideas is great. If we are to educate, persuade, and convert others to free-market thinking, we need to articulate, in structured form, the conceptual and moral foundations of free enterprise. We are obliged to expound a coherent and consistent body of principles that are in accord with reality and that properly reflect and explain capitalism. In other words, we must approach the idea of free enterprise from a philosophical point of view. The survival of free enterprise may be in jeopardy unless people understand its conceptual and moral foundations. Capitalism is a rational doctrine based on a clear understanding of man and society in which economics, politics, and morality (all parts of one inseparable truth) are found to be in harmony with one another. Capitalism as defined in this essay involves that set of economic arrangements that would exist in a society in which the state’s only function would be to prevent one person from using force or fraud against another person. The enclosed exhibit provides an example model or diagram of the conceptual foundations of capitalism that are consistent with the nature of man and the world. The development of a conceptual framework is a natural endeavor that is undertaken in most areas that have claims to be called scientific or based on real world conditions. Frameworks for thinking about reality have long been the basis for organized knowledge. Constructing a set of ideas about real world objects, events, and occurrences would serve as a framework for a realistic political and economic system. -
Curriculum Vitae Tara Smith September 2016 6008 Aurora Drive Department of Philosophy Austin TX 78757 University Of
Curriculum Vitae Tara Smith September 2016 6008 Aurora Drive Department of Philosophy Austin TX 78757 University of Texas at Austin Cell: (512)-507-3392 2210 Speedway, Stop C3500 [email protected] Austin, TX 78712-1737 (512) 471-6777 Department Fax: (512) 471-4806 Areas of Specialization Ethics, Political Philosophy, Philosophy of Law Education Ph.D. and MA, Philosophy, The Johns Hopkins University, 1989, 1985 Dissertation: "The Inflation of Rights" (Advisors: Susan Wolf, Richard Flathman) B.A., Philosophy and Government, University of Virginia, 1983 magna cum laude, Phi Beta Kappa London School of Economics and Political Science, Spring 1982 Professional Appointments Fall 2005-present, Professor, University of Texas at Austin Fall 1996-2005, Associate Professor, University of Texas at Austin Fall 1989-1996, Assistant Professor, University of Texas at Austin Spring 1989, St. Mary's College of Maryland, Visiting Instructor Summer 1987-Spring 1988, Towson State University, Lecturer 1985-1988, The Johns Hopkins University, Teaching Assistant Publications Books: Judicial Review in an Objective Legal System, Cambridge University Press, 2015, 301 pages. Ayn Rand’s Normative Ethics – The Virtuous Egoist, Cambridge University Press, 2006, 318 pages. Chinese edition, 2010; second Chinese translation, July 2015. Viable Values: A Study of Life as the Root and Reward of Morality, Rowman & Littlefield, 2000, 205 pages. Moral Rights and Political Freedom, Rowman & Littlefield, 1995, 224 pages. Japanese edition, 1997. Articles: Forthcoming: "What Good is Religious Freedom? Locke, Rand, and the Non-Religious Case for Respecting It," Arkansas Law Review vol. 69: 4, February 2017. “Religious Liberty or Religious License? Legal Schizophrenia and the Case Against Exemptions,” Virginia Journal of Law and Politics, vol. -
A Reply to Tibor Machan
LIBERTARIAN PAPERS VOL. 2, ART. NO. 9 (2010) WHEN IS A MONOPOLY NOT A MONOPOLY? A REPLY TO TIBOR MACHAN * NICHOLAS DYKES IN A LENGTHY FOOTNOTE to his essay “Reconciling Anarchism and Minarchism”1 (henceforth RAM) Tibor Machan accuses me of engaging in equivocation, and also of psychologising, in my essay “The Facts of Reality: Logic and History in Objectivist Debates about Government”2 (henceforth TFOR). Machan writes: … Dykes doesn’t seem to realise that monopoly in the use of retaliatory force is not the same as a legal or coercive monopoly in that use. He persists in this equivocation. Yet, one can have a monopoly that comes about naturally, because it is freely granted to one by people—as, say, they effectively granted the Beatles monopoly status in rock music or Fred Astaire in dancing or IBM in computers and Microsoft in software … without keeping anyone out by force. Furthermore, if people freely select a group of specialists to protect them by way of a long-term binding contract [or compact] that’s not to establish an objectionable, coercive monopoly, merely an exclusive but binding relationship …. It is along such lines that Rand’s notion of the “monopoly” of retaliatory force needs to be understood (RAM 61). Machan adds further on that equivocation is a “serious flaw” in my essay. To begin with, let’s be clear about what the term ‘equivocation’ means. I hardly need to point out that it is a fallacy in logic, one which involves *Nicholas Dykes ([email protected]), a British-Canadian writer currently living in England, is author of Old Nick’s Guide to Happiness: A Philosophical Novel (Ledbury, UK: Lathé Biosas Publishing, 2008). -
Just Sayin'—How the False Equivalence of Speech With
JUST SAYIN’—HOW THE FALSE EQUIVALENCE OF SPEECH WITH ACTION UNDERMINES THE FREEDOM OF SPEECH Tara Smith* ABSTRACT This Article argues that a firm distinction between speech and ac- tion is critical to the preservation of freedom of speech. The line be- tween the two has blurred in recent years in disputes over such things as cake bakers’ artistic freedom to refuse certain clients, disruptions of speakers on college campuses, whether campaign finance restrictions limit spending or speaking, and social media companies’ status as platforms or publishers. For the legal system to resolve such conflicts correctly and to uphold the proper boundaries of individuals’ freedom, a firm grasp of the respective referents of “speech” and “action” is imperative. The Article is in two main parts. First, it presents the basic rationale for a legal system’s treating speech and action differently. It explains that the distinctive concern of the First Amendment is the protection of intellectual activity and demonstrates how the relationship of intellectual activities to the rights of others justifies their special legal status. Second, the Article considers the case for viewing speech and action as more readily intermingled, addressing arguments that, in turn, invoke harm, power, and symbolic speech. On analysis, none of these arguments, I show, vindicates the equation of speech with action. Finally and more briefly, the Article also considers some of the underlying sources of the conflation of speech with action, sketches the proper resolutions of a few of the recent controversies generated by * Professor of Philosophy, BB&T Chair for the Study of Objectivism, and Anthem Foundation Fellow for the Study of Objectivism at the University of Texas at Austin. -
What About Suicide Bombers? a Terse Response to a Terse Objection
Ethics What About Suicide Bombers? A Terse Response to a Terse Objection Marc Champagne On September 11, 2010, after presenting selected technical aspects of a Randian ethic at a prominent academic conference,1 I was confronted with the following objection, somewhat belligerent in tone: “But what about suicide bombers?” What about them? Despite the objection’s contextual timeliness, my initial reaction was to question its topical relevance.2 So I politely requested that the criticism be further unpacked. My interlocutor duly obliged, and I eventually gleaned that murder-suicide (say, in the name of some otherworldly posit) was being adduced as a supposed counterexample to the rational egoist account of values I had just expounded. I don’t recall my exact response, only that I was dissatisfied with it afterwards. The audience member clearly thought he had unearthed a powerful criticism, and the objection, though crude, had the rhetorical merit of brevity. Such an intuitively attractive “sound bite,” I later thought, deserves to be answered in kind. Tellingly, a similar objection to Rand’s metaethics was raised in the pages of this journal. Reviewing Tara Smith’s (2000) pioneering study of Rand’s metaethical ideas, Lester Hunt claims to have discerned some “curious implications” in her views. Upon describing the conduct of a violent wanton who would uncontroversially be classified as morally despicable, Hunt contends that “[t]he position that Smith adopts would seem to mean [. .] that we can pass no moral judgments here at all,” since “[t]he individual involved happens not to desire the end (life) toward which distinctions of right and wrong are means” (2000, 109). -
On Kelley on Kant Fred Seddon, Wheelingjesuit College
Reason Papers Discussions On Kelley on Kant Fred Seddon, WheelingJesuit College Randall Dipert, in a review of David Kelley's The Evidence ofthe Senses: A Realist Theory of Perception (Baton Rouge: Louisiana State University Press, 1986 [henceforth: ES]) appearing in the Spring 1987 issue of Reason Papers, characterized it as "an important book," citing among his reasons the fact that ES is "a professionally competent defense of epistemoiogical theses originating with Ayn Rand" (57). Dipert also, however, found Kelley's treatment of Kant "most bizarre" and "profoundly uninformed" and recom- mended that Kelley "should bow out of historical criticism" (60-61). In the Spring 1988 issue of Reason Papers, Robert E. Knapp attempted a defense of Kelley's interpretation of Kant. For reasons of my own, however, I find myself in agreement with the general thrust of Dipert's characterizations, both positive and negative.' In this paper I propose to submit Kelley's analysis of Rand's and Kant's views of the activity and passivity of mind to a close and critical examination. Rand claimed that "[oln every fundamental issue, Kant's philosophy is the exact opposite of ~bjectivism."~Even discounting for Rand's usual hyperbole; this statement seems to be glaringly false in light both of Kelley's book and Rand's own Introduction to Objectivist Epistemology (New York: New American Library, 1979 [Henceforth: IOE]). To see that a universal affirm- ative proposition is false only one counterexample is necessary. That is, we need to find a fundamental issue upon which Rand and Kant agree (against the background of another philosopher who disagrees with both of them). -
David Kelley, the Evidence of the Senses Baton Rouge: Louisiana State University Press, 1986, 262 Pp
David Kelley, The Evidence of the Senses Baton Rouge: Louisiana State University Press, 1986, 262 pp. Reviewed by Stephen R. C. Hicks, Indiana University Review published in Auslegung 15:2 (1989), pp. 193-196 The Evidence of the Senses offers a highly original exposition and defense of direct realism. This book should be required reading for any professional with an interest in human cognition, but especially so for philosophers and psychologists with interests in perception and the bases of knowledge. Because of its comprehensiveness in covering the vast literature of the epistemology of perception and because of the clarity of its prose, The Evidence of the Senses should also be attractive to instructors looking for a text for graduate or upper-level undergraduate courses. The major theses of Part I of Kelley’s book can be summarized as follows: Perception is a direct, preconceptual, non-inferential mode of awareness of physical objects and their properties. A chapter or two is devoted to detailed expositions and defenses of each of this statement's constituent theses. Chapter 1 lays out the basic assumptions of Kelley's realism, his main arguments for the directness of perception, and his polemic against the basic assumptions and arguments of its rivals, representationalism and idealism. The chapter is more historical than the rest, discussing the major sources of the contemporary debate: Descartes’ representationalism (10-16), Kant’s idealism (16-27), and the traditional “mirror of nature”1 realisms. Chapter 1 is also the heart of the book, for it is here that Kelley sets the tone for what follows by laying out his guiding principles. -
Running Head: LIBERTARIAN SOCIALISM: the FUTURE of AMERICA 1
Running head: LIBERTARIAN SOCIALISM: THE FUTURE OF AMERICA 1 Libertarian Socialism: The Future Of America Kenneth Rhee Diablo Valley College LIBERTARIAN SOCIALISM: THE FUTURE OF AMERICA 2 Abstract In the book, Government In The Future, Noam Chomsky says that currently the government of the United States seems like that of a state capitalism. At first, the United States pursued the classical liberalistic government. As time passed, US government lost its directions, and ended up as state capitalism. However, Chomsky urges that the U.S. government should be changed toward libertarian socialism. After World War II, the United States has become the most powerful country in the world, but capitalists also have gained power. Chomsky warned this to the public in the United States, and suggests libertarian socialism as the right idea for the future of America. This paper reflects research using various books and articles regarding the pros and cons of four different political theories, as well as research on the result of political compass and its application in explaining the reasons for Chomsky’s suggestion. LIBERTARIAN SOCIALISM: THE FUTURE OF AMERICA 3 Introduction According to the result of political compass test, my political personality is libertarian socialism (The Political Compass, 2015). Libertarian socialism is a combination of anarchism and socialism. When it comes to anarchism, since capitalism's early beginnings in Europe, and it's authoritarian trend of wage-slavery for the majority of people by elite capitalists, there was a libertarian movement in response to capitalism known as "Socialism". In every case, the socialist movement has been divided into authoritarian and libertarian.