Utilitarianism and Beyond: Contemporary Analytical Political Theory David Miller
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Jurisprudence--Philosophy Or Science Henry Rottschaefer
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1927 Jurisprudence--Philosophy or Science Henry Rottschaefer Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Rottschaefer, Henry, "Jurisprudence--Philosophy or Science" (1927). Minnesota Law Review. 1465. https://scholarship.law.umn.edu/mlr/1465 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUI%1E 11 MARCH, 1927 No. 4 JURISPRUDENCE- PHILOSOPHY OR SCIENCE By HENRY ROTTSCHAEFER* T WOULD perhaps be practically impossible to secure for any definition of the term Jurisprudence any very general accep- tance. It is doubtful whether there exists even any general agree- ment as to what subjects are within its scope. The problem of whether, and in what sense, it is to be considered philosophy or science, cannot, however, be discussed without adopting at least some tentative notion of its meaning that shall serve as the basis for the discussion. This can be more effectively done by a general description of the types of problem usually dealt with in treatises and courses on Jurisprudence than by framing a logically correct definition that secured accuracy and completeness by resort to a convenient vagueness. Investigation discloses its use to denote lines of inquiry having little in common other than a professed interest in general questions and problems concerning law and justice. -
2. Aristotle's Concept of the State
Page No.13 2. Aristotle's concept of the state Olivera Z. Mijuskovic Full Member International Association of Greek Philosophy University of Athens, Greece ORCID iD: http://orcid.org/0000-0001-5950-7146 URL: http://worldphilosophynetwork.weebly.com E-Mail: [email protected] Abstract: In contrast to a little bit utopian standpoint offered by Plato in his teachings about the state or politeia where rulers aren`t “in love with power but in virtue”, Aristotle's teaching on the same subject seems very realistic and pragmatic. In his most important writing in this field called "Politics", Aristotle classified authority in the form of two main parts: the correct authority and moose authority. In this sense, correct forms of government are 1.basileus, 2.aristocracy and 3.politeia. These forms of government are based on the common good. Bad or moose forms of government are those that are based on the property of an individual or small governmental structures and they are: 1.tiranny, 2.oligarchy and 3.democracy. Also, Aristotle's political thinking is not separate from the ethical principles so he states that the government should be reflected in the true virtue that is "law" or the "golden mean". Keywords: Government; stat; , virtue; democracy; authority; politeia; golden mean. Vol. 4 No. 4 (2016) Issue- December ISSN 2347-6869 (E) & ISSN 2347-2146 (P) Aristotle's concept of the state by Olivera Z. Mijuskovic Page no. 13-20 Page No.14 Aristotle's concept of the state 1.1. Aristotle`s “Politics” Politics in its defined form becomes affirmed by the ancient Greek world. -
1 Unit 4 Ethics in the History of Western Philosophy
1 UNIT 4 ETHICS IN THE HISTORY OF WESTERN PHILOSOPHY Contents 4.0 Objectives 4.1 Introduction 4.2 Epicurus 4.3 Aristotle 4.4 Thomas Aquinas 4.5 William of Ockham 4.6 Thomas Hobbes 4.7 Jeremy Bentham 4.8 Immanuel Kant 4.9 John Stuart Mill 4.10 Emile Durkheim 4.11 Let Us Sum Up 4.12 Key Words 4.13 Further Readings and References 4.0 OBJECTIVES As Sir David Ross points out, in a classical work Foundations of Ethics, written over sixty years ago, there are, broadly speaking, two approaches to ethics. This is better known as the distinction between deontological and teleological ethics. The Greek word for an ‘end’, in the sense of a goal to be achieved, is telos. Hence, ‘teleological’ ethics comprises all those kinds of ethics which see the criterion of morality in terms of whether an action fulfills the overall total end of human life in general and of moral activity in particular. The word ‘deontological’ was coined by the British moralist, Jeremy Bentham (1748-1832), from the Greek word, deon, literally, that which is binding. Deontological ethics views the morally good in terms of doing ones duty. Deontology would be the science of moral duties. We shall see that these two approaches differ more in emphasis than anything else; they are not mutually exclusive water- tight compartments. 4.1 INTRODUCTION Let us start with teleological approach. Ever since Aristotle, practically the entire Western tradition of philosophizing has accepted his contention that the ultimate human end is “happiness.” Now this could be understood as either exclusively, or with a strong stress on, individual or private happiness. -
The End of Economics, Or, Is
THE END OF ECONOMICS, OR, IS UTILITARIANISM FINISHED? By John D. Mueller James Madison Program Fellow Fellow of The Lehrman Institute President, LBMC LLC Princeton University, 127 Corwin Hall, 15 April 2002 Summary. According to Lionel Robbins’ classic definition, “Economics is the science which studies human behavior as a relationship between ends and scarce means that have alternate uses.” Yet most modern economists assume that economic choice involves only the means and not to the ends of human action. The reason seems to be that most modern economists are ignorant of the history of their own discipline before Adam Smith or Jeremy Bentham. Leading economists like Gary Becker attempt to explain all human behavior, including love and hate, as a maximization of “utility.” But historically and logically, an adequate description of economic choice has always required both a ranking of persons as ends and a ranking of scarce goods as means. What is missing from modern economics is an adequate description of the ranking of persons as ends. This is reflected in the absence of a satisfactory microeconomic explanation (for example, within the household) as to how goods are distributed to their final users, and in an overemphasis at the political level on an “individualistic social welfare function,” by which policymakers are purported to add up the preferences of a society of selfish individuals and determine all distribution from the government downwards, as if the nation or the world were one large household. As this “hole” in economic theory is recognized, an army of “neo-scholastic” economists will find full employment for the first few decades of the 21st Century, busily rewriting the Utilitarian “economic approach to human behavior” that dominated the last three decades of the 20th Century. -
Legal Positivism: an Analysis of Austin and Bentham
INTERNATIONAL JOURNAL OF LAW AND LEGAL JURISPRUDENCE STUDIES, VOLUME 1, ISSUE 6 LEGAL POSITIVISM: AN ANALYSIS OF AUSTIN AND BENTHAM Authors PRAGALBH BHARDWAJ National Law University, Odisha BH-1, National Law University, Odisha, Sector 13, CDA, Cuttack, Odisha. Country-India [email protected] RISHI RAJ National Law University, Odisha BH-1, National Law University, Odisha, Sector 13, CDA, Cuttack, Odisha. Country-India [email protected] 1 INTERNATIONAL JOURNAL OF LAW AND LEGAL JURISPRUDENCE STUDIES, VOLUME 1, ISSUE 6 Abstract Key words- Austin, Bentham, Criticism of Positivist School, Indian Perspective of Positivist School, Legal Positivist School. The school of Legal Positivism developed over the period of 18th and 19th century through the works of influential jurists such as John Austin and Jeremey Bentham. The works of these two great jurists was mainly responsible for the Legal Positivist School to acquire such importance in the field of legal jurisprudence. Their work was taken forward by jurists such as H.L.A.Hart. Although not free from shortcomings, the Legal Positivist School is regarded as the most influential school of thought in jurisprudence. Judges have based their decisions on this school of thought across various countries, including India. Indian Judges have been greatly influenced by the thinking of legal positivists and have applied their jurisprudence while giving landmark judgements such as A.K.Gopalan v. State of Madras to name one of them. The basic idea behind legal positivists was that they considered law as it is and not what it ought to be. They separated moral principles from legal principles. -
An Interpretation of Kant's Political Philosophy in Light of His Critical-Regulative Method
DePaul University Via Sapientiae College of Liberal Arts & Social Sciences Theses and Dissertations College of Liberal Arts and Social Sciences 11-2011 Politics, history, critique: An interpretation of Kant's political philosophy in light of his critical-regulative method. Dilek Huseyinzadegan DePaul University, [email protected] Follow this and additional works at: https://via.library.depaul.edu/etd Recommended Citation Huseyinzadegan, Dilek, "Politics, history, critique: An interpretation of Kant's political philosophy in light of his critical-regulative method." (2011). College of Liberal Arts & Social Sciences Theses and Dissertations. 110. https://via.library.depaul.edu/etd/110 This Dissertation is brought to you for free and open access by the College of Liberal Arts and Social Sciences at Via Sapientiae. It has been accepted for inclusion in College of Liberal Arts & Social Sciences Theses and Dissertations by an authorized administrator of Via Sapientiae. For more information, please contact [email protected]. POLITICS, HISTORY, CRITIQUE: AN INTERPRETATION OF KANT’S POLITICAL PHILOSOPHY IN LIGHT OF HIS CRITICAL-REGULATIVE METHOD A Dissertation Presented in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy October 2011 By Dilek Huseyinzadegan Department of Philosophy College of Liberal Arts and Sciences DePaul University Chicago, Illinois Acknowledgements This dissertation would not have been possible without the help and support of many people. The Department of Philosophy at DePaul University provided a doctoral scholarship for eight years of graduate study. I thank the faculty for their help and support throughout this process, especially my dissertation director Avery Goldman, whose approach to Kant and his method inspired this project in the first place, my committee members Elizabeth Millàn, Kevin Thompson, and Rick Lee, whose graduate seminars gave rise to numerous fruitful discussions on German Idealism and Romanticism, history and politics, and critical theory. -
Kant's Doctrine of Religion As Political Philosophy
Kant's Doctrine of Religion as Political Philosophy Author: Phillip David Wodzinski Persistent link: http://hdl.handle.net/2345/987 This work is posted on eScholarship@BC, Boston College University Libraries. Boston College Electronic Thesis or Dissertation, 2009 Copyright is held by the author, with all rights reserved, unless otherwise noted. Boston College The Graduate School of Arts and Sciences Department of Political Science KANT’S DOCTRINE OF RELIGION AS POLITICAL PHILOSOPHY a dissertation by PHILLIP WODZINSKI submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy May 2009 © copyright by PHILLIP DAVID WODZINSKI 2009 ABSTRACT Kant’s Doctrine of Religion as Political Philosophy Phillip Wodzinski Advisor: Susan Shell, Ph.D. Through a close reading of Immanuel Kant’s late book, Religion within the Boundaries of Mere Reason, the dissertation clarifies the political element in Kant’s doctrine of religion and so contributes to a wider conception of his political philosophy. Kant’s political philosophy of religion, in addition to extending and further animating his moral doctrine, interprets religion in such a way as to give the Christian faith a moral grounding that will make possible, and even be an agent of, the improvement of social and political life. The dissertation emphasizes the wholeness and structure of Religion within the Boundaries of Mere Reason as a book, for the teaching of the book is not exhausted by the articulation of its doctrine but also includes both the fact and the manner of its expression: the reader learns most fully from Kant by giving attention to the structure and tone of the book as well as to its stated content and argumentation. -
Towards an Expressive Approach to Rights: Revisiting Hart's Theory of Rights
Draft SELA 2013 S I Tschorne Towards an expressive approach to rights: revisiting Hart’s theory of rights1 Samuel I Tschorne Introduction Since the 1950s the importance of the language of rights in general and human rights in particular has grown at such an incredible pace that today it is perhaps the most prominent normative vocabulary in moral, political and legal discourses. Such an expansion has raised, however, many problems, driving it towards a critical situation in which there is a growing concern about the “devaluation” of “rights-talk”. Some have become sceptical about even the existence of rights or the value of that vocabulary. Even if one is not tempted to go that far, it is certainly the case that to say that something constitutes a right, even a human right, is becoming nothing more than to say that it is something (an interest, a value, a principle, etc.) that merits consideration in practical reasoning and must be “balanced” with the other relevant considerations. Rights, in this sense, seem to have lost the special normative force and peremptory character that they used to carry in our normative discourses. What, then, is the value of the language of rights? This paper intends to clear the way for an expressive approach according to which the main aim of the theory of rights is to give an account of what rights-talk distinctively enables us to express in our normative discourses (what is that which the vocabulary of rights helps us say or convey that could 1 Announced title: “The language of rights: a guide for the perplexed”. -
Mohist Theoretic System: the Rivalry Theory of Confucianism and Interconnections with the Universal Values and Global Sustainability
Cultural and Religious Studies, March 2020, Vol. 8, No. 3, 178-186 doi: 10.17265/2328-2177/2020.03.006 D DAVID PUBLISHING Mohist Theoretic System: The Rivalry Theory of Confucianism and Interconnections With the Universal Values and Global Sustainability SONG Jinzhou East China Normal University, Shanghai, China Mohism was established in the Warring State period for two centuries and half. It is the third biggest schools following Confucianism and Daoism. Mozi (468 B.C.-376 B.C.) was the first major intellectual rivalry to Confucianism and he was taken as the second biggest philosophy in his times. However, Mohism is seldom studied during more than 2,000 years from Han dynasty to the middle Qing dynasty due to his opposition claims to the dominant Confucian ideology. In this article, the author tries to illustrate the three potential functions of Mohism: First, the critical/revision function of dominant Confucianism ethics which has DNA functions of Chinese culture even in current China; second, the interconnections with the universal values of the world; third, the biological constructive function for global sustainability. Mohist had the fame of one of two well-known philosophers of his times, Confucian and Mohist. His ideas had a decisive influence upon the early Chinese thinkers while his visions of meritocracy and the public good helps shape the political philosophies and policy decisions till Qin and Han (202 B.C.-220 C.E.) dynasties. Sun Yet-sen (1902) adopted Mohist concepts “to take the world as one community” (tian xia wei gong) as the rationale of his democratic theory and he highly appraised Mohist concepts of equity and “impartial love” (jian ai). -
5. What Matters Is the Motive / Immanuel Kant
This excerpt is from Michael J. Sandel, Justice: What's the Right Thing to Do?, pp. 103-116, by permission of the publisher. 5. WHAT MATTERS IS THE MOTIVE / IMMANUEL KANT If you believe in universal human rights, you are probably not a utili- tarian. If all human beings are worthy of respect, regardless of who they are or where they live, then it’s wrong to treat them as mere in- struments of the collective happiness. (Recall the story of the mal- nourished child languishing in the cellar for the sake of the “city of happiness.”) You might defend human rights on the grounds that respecting them will maximize utility in the long run. In that case, however, your reason for respecting rights is not to respect the person who holds them but to make things better for everyone. It is one thing to con- demn the scenario of the su! ering child because it reduces overall util- ity, and something else to condemn it as an intrinsic moral wrong, an injustice to the child. If rights don’t rest on utility, what is their moral basis? Libertarians o! er a possible answer: Persons should not be used merely as means to the welfare of others, because doing so violates the fundamental right of self-ownership. My life, labor, and person belong to me and me alone. They are not at the disposal of the society as a whole. As we have seen, however, the idea of self-ownership, consistently applied, has implications that only an ardent libertarian can love—an unfettered market without a safety net for those who fall behind; a 104 JUSTICE minimal state that rules out most mea sures to ease inequality and pro- mote the common good; and a celebration of consent so complete that it permits self-in" icted a! ronts to human dignity such as consensual cannibalism or selling oneself into slav ery. -
Three Dimensions of Classical Utilitarian Economic Thought ––Bentham, J.S
July 2012 Three Dimensions of Classical Utilitarian Economic Thought ––Bentham, J.S. Mill, and Sidgwick–– Daisuke Nakai∗ 1. Utilitarianism in the History of Economic Ideas Utilitarianism is a many-sided conception, in which we can discern various aspects: hedonistic, consequentialistic, aggregation or maximization-oriented, and so forth.1 While we see its impact in several academic fields, such as ethics, economics, and political philosophy, it is often dragged out as a problematic or negative idea. Aside from its essential and imperative nature, one reason might be in the fact that utilitarianism has been only vaguely understood, and has been given different roles, “on the one hand as a theory of personal morality, and on the other as a theory of public choice, or of the criteria applicable to public policy” (Sen and Williams 1982, 1-2). In this context, if we turn our eyes on economics, we can find intimate but subtle connections with utilitarian ideas. In 1938, Samuelson described the formulation of utility analysis in economic theory since Jevons, Menger, and Walras, and the controversies following upon it, as follows: First, there has been a steady tendency toward the removal of moral, utilitarian, welfare connotations from the concept. Secondly, there has been a progressive movement toward the rejection of hedonistic, introspective, psychological elements. These tendencies are evidenced by the names suggested to replace utility and satisfaction––ophélimité, desirability, wantability, etc. (Samuelson 1938) Thus, Samuelson felt the need of “squeezing out of the utility analysis its empirical implications”. In any case, it is somewhat unusual for economists to regard themselves as utilitarians, even if their theories are relying on utility analysis. -
Augustine and Political Theory: Dialogue Or Dialectic?
AUGUSTINE AND POLITICAL THEORY: DIALOGUE OR DIALECTIC? Monday, April 16, 2018 Prospect House, Princeton University A public workshop presented by The James Madison Program in American Ideals and Institutions, Princeton University Cosponsored by The University Center for Human Values, Princeton University Recent scholarship in political theory displays a considerable interest in Augustine’s thought. This conference workshop aims to deepen this scholarship, by probing how political theorists develop accounts of modernity and republicanism, political theology, and contemporary theory through positive or negative readings of Augustine’s thought. Undoubtedly, much recent scholarship is post- Rawlsian. Either it seeks to apply insights Augustine has on concepts Rawlsian liberalism deems integral to sustaining pluralistic societies, such as fairness. Or, it argues that to sustain pluralistic societies, Rawlsian liberalism must include concepts of civic virtue, care, and love found in Augustine. While these lines of enquiry are fruitful, they take the framework of Rawlsian liberalism as a given without probing its foundations. Addressing these foundations, this workshop explores themes in republicanism, political theology, and modern political theory, with Augustine as its guide. For Rawlsian political theory, the concern with the civil and religious unrest of the 17th century demands that common political life be sustained by the idea of an overlapping consensus, which does not make reference to comprehensive doctrines. Hence the modern problem of religious violence impels a defense of a modern ideal of public reason. But critics of political liberalism ask whether this account of modernity is adequate. What claims does modernity make about human beings, politics, and God? What understanding of modernity should inform future political theory? It is here where political theorists reveal how they stand toward Augustine’s deepest themes.