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Earth Art In The Great Acceleration: Times/Counter-Times, Monuments/Counter-Monuments, Gary Shapiro

Philosophy Faculty Publications

This article attempts to situate land art in the deserts of the US Southwest in terms of the works’ relation to and rupture with more traditional genres (seventeenth to twentieth centuries) of parks, gardens, and landscape architecture. It argues that the earlier works provide implicit answers to questions concerning Earth’s meaning and offer models of flourishing habitation. In contrast, the more recent works, all constructed in the era of the great acceleration (the Anthropocene), pose questions having to do with new challenges posed by climate change and the devastation of the Earth.

Times Of The Multitude And The Antichrist, Gary Shapiro

Philosophy Faculty Publications

In Nietzsche’s Europeanism Gary Shapiro discerns key resonances of his “great politics of the Earth” out of which those capable of “re-thinking the direction of the earth” may ultimately deploy a “philosophy of the Antichrist” to realize their vision of the future. In considering how philosophers of the future may create the opportune moment in which to revalue all values in such a new direction, Shapiro accounts for Nietzsche’s rejection of the priestly philosophers’ teleological conception of time. He also explicates Nietzsche’s notion of the multitude (Menge), whose diversity contrasts with the homogenous masses and mitigates against the reactionary state.

Babette Babich: A Nietzschean Scholar On The “Physiology Of Aesthetics”, Gary Shapiro

Philosophy Faculty Publications

In pursuing the invitation to muse upon Babette Babich's scholarship on Nietzsche, I begin with a philological observation about the terms "scholar" and "scholarship." These take their origin from Greek scholé (close cousin, the Latin otium) - which designate leisure. So far as they have to do with study, research, writing, and their communication through letters, lectures, and publication, this is because, as the literate Greeks and Romans understood it, these are among the activities — along with the other artes liberales — that a person with the freedom of leisure would want to pursue. At the highest level, Aristotle …

Reading Dostoevsky In Turin: The Antichrist's Accelerationism, Gary Shapiro

Philosophy Faculty Publications

Nietzsche aimed at splitting time into two great parts, before and after himself (EH Destiny 8). Just after finishing The Antichrist, he says that this happens through uncovering the truth of Christian morality "an event without parallel." During his last two years of frantic writing, Nietzsche was avidly reading Dostoevsky. One of the Russian novelist's most "philosophical" characters and psychological studies is Kirillov, who plans a suicide that will divide history into two parts: "From the gorilla to the destruction of God, and from the destruction of God to...the physical changing of the earth and man" (Dostoevsky 1995 115). …

International Law, Institutional Moral Reasoning, And Secession, David Lefkowitz

Philosophy Faculty Publications

This paper argues for the superiority of international law’s existing ban on unilateral secession over its reform to include either a primary or remedial right to secession. I begin by defending the claim that secession is an inherently institutional concept, and that therefore we ought to employ institutional moral reasoning to defend or criticize specific proposals regarding a right to secede. I then respond to the objection that at present we lack the empirical evidence necessary to sustain any specific conclusion regarding an international legal right to secession. Specifically, I argue that we ought to adopt a precautionary approach, and …

From Justice To Fairness: Does Kant's Doctrine Of Right Imply A Theory Of Distributive Justice?, Michael Nance, Jeppe Von Platz

Philosophy Faculty Publications

The fact that Kant does not articulate a theory of distributive justice has not kept political philosophers from citing Kant as inspiration and support for whatever theory of distributive justice they favor - including those who argue that the notion of distributive justice is itself mistaken. This widespread reliance on Kant invites the question, "Does the Doctrine of Right imply a theory of distributive justice?"

To address this question, we discuss Paul Guyer's argument that Kant's Doctrine of Right implies, roughly, the principles of distributive justice as found in Rawls's justice as fairness. Guyer's argument is that Kant's theory of …

In Defense Of Penalizing (But Not Punishing) Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they differ over both the grounds of that right and its content. This essay defends the view that the moral right to civil disobedience derives from (or is a facet of) a general right to political participation, and the characterization of that right as precluding the state from punishing, but not from penalizing, those who exercise it. The argument proceeds by way of rebuttals to criticisms of both claims recently advanced by Kimberley Brownlee. While in some cases those criticisms fail …

Against The Intentional Definition Of Argument, G. C. Goddu

Philosophy Faculty Publications

Intentional definitions of argument, i.e. the conclusion being intended to follow from the premises, abound. Yet, there are numerous problem cases in which we appear to have arguments, but no intention. One way to try to avoid these problem cases is to appeal to acts, in which case one has to give up on the repeatability of arguments. One can keep repeatability and intentions if one resorts to act types, but then it appears that the problem cases re-emerge.

Democratic Rights And The Choice Of Economic Systems, Jeppe Von Platz

Philosophy Faculty Publications

Holt argues that Rawls’s first principle of justice requires democratic control of the economy and that property owning democracy fails to satisfy this requirement; only liberal socialism is fully democratic. However, the notion of democratic control is ambiguous,and Holt has to choose between the weaker notion of democratic control that Rawls is committed to and the stronger notion that property owning democracy fails to satisfy. It may be that there is a tension between capitalism and democracy, so that only liberal socialism can be fully democratic, but if so, we should reject, rather than argue from, the theory of democracy …

The Veil Of Ignorance In Rawlsian Theory, Jeppe Von Platz

Philosophy Faculty Publications

As part of his effort to answer the question "What is the best conception of justice for a democratic society?" philosopher John Rawls constructed a thought experience called the original position. In the original position, representativs of members of society choose principles of justice for society in light of limited interests and with limited information. Situated behind the veil of ignorance, the parties in the original position have no knowledge about particular facts that could lead them to prefer principles of justice partial to those they represent. The veil of ignorance is thus an important part of Rawls's argument …

Sources In Legal Positivist Theories, David Lefkowitz

Philosophy Faculty Publications

The debate about positivism in general legal theory or in the international legal scholarship manifests so many different, if not conflicting, meanings of positivism—even among legal positivists themselves—that the debate about legal positivism has proved almost unfathomable and unintelligible.

No other approach to theorizing international law is more closely associated with and dependent upon the development of an account of its sources than is positivism. The explanation for this is a simple and familiar one: if there is any thesis regarding (p. 324) law that we can uncontroversially associate with the label ‘legal positivism’, it is the view that a …

Beasts, Sovereigns, Pirates: Melville's "Enchanted Isles" Beyond The Picturesque, Gary Shapiro

Philosophy Faculty Publications

Herman Melville's "The Encantadas, or Enchanted Isles," included in his signature set of shorter narratives The Piazza Tales, remains relatively unvisited by readers and critics. So too was the archipelago generally known as the Galapagos, before becoming a chic destination for natural history excursions and eco-tourism. These ten "sketches" relate a narrator's experiences on the Pacific islands, adding a number of travelers' stories, some extrapolated (more or less accurately) from known records, some creatively transformed. One informative, comprehensive handbook suggests that Melville's description of this volcanic archipelago as Encantadas or "enchanted" in the sense of bewitched-uncanny, weird, their very …

What Makes A Social Order Primitive? In Defense Of Hart’S Take On International Law, David Lefkowitz

Philosophy Faculty Publications

The widespread antipathy to Hart's description of international law as a simple or primitive social order, one that lacks a rule of recognition and therefore does not qualify as a legal system, rests on two misunderstandings. First, the absence of a division of labor in identifying, altering, applying, and enforcing law is as much, if not more, central to Hart's understanding of what makes a society primitive as is the absence of any secondary rules at all. Second, it is primarily in terms of the presence of such a division of labor and the implications it has for the ontology …

A Philosophy Of The Antichrist In The Time Of The Anthropocenic Multitude: Preliminary Lexicon For The Conceptual Network, Gary Shapiro

Philosophy Faculty Publications

This book chapter functions as a lexicon of terms and concepts related to Nietzsche and the philosophy of the Antichrist.

The Legitimacy Of International Law, David Lefkowitz

Philosophy Faculty Publications

The conduct of international affairs is subject to three kinds of normative standards. The first of these is prudence or rational self-interest, and its most common manifestation in international affairs involves reference to a state's national interest as a basis for defending or critiquing its international conduct. Justice provides a second metric for assessing the international conduct of states, and sometimes other actors, and a set of normative concepts including freedom, equality and fairness with which to argue for or against particular acts or policies. Law, including both international law and the foreign law of particular states, provides the third …

Should The Law Convict Those Who Act From Conviction? Reflections On A Demands-Of-Conscience Criminal Defense, David Lefkowitz

Philosophy Faculty Publications

How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal breach, I argue that they ought to enjoy a justification defense. Acts of civil disobedience are not (morally) wrongful …

World, Earth, Globe: Geophilosophy In Hegel, Nietzsche, And Rosenzweig, Gary Shapiro

Philosophy Faculty Publications

In an interview given a few weeks after the attacks of September 11, 2001, Jacques Derrida interrogates the nature of what is popularly called globalization. In his critique of current concepts of globalization, Derrida points out that the very processes of trade, communication, and transport are producing greater inequalities around the earth, and that these inequalities are spectacular, that is, that the very media essential to the process we call globalization make these inequalities vividly clear. The interview is a rich conspectus of the themes of Derrida's political thought, perhaps most penetrating in his thinking the concepts of the …

Autonomy, Residence, And Return, David Lefkowitz

Philosophy Faculty Publications

This article argues that those unjustly displaced from a particular territory T cannot involuntarily lose their rights to reside there, or, as a consequence, their rights of return to it, even if they develop territorially grounded conceptions of the good where they now reside. The contrary position fails to accord the unjustly displaced the respect due to them in virtue of their personal autonomy. Facts commonly alleged to justify the supersession of rights of return to T only provide evidence that the unjustly displaced have abandoned their rights to reside there, or would do so if given a just opportunity …

Blame And The Criminal Law, David Lefkowitz

Philosophy Faculty Publications

Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action. I contest the second of these two claims, and in doing so defend the retributivists’ presumption. First, I argue that the purpose of a criminal trial can be …

Liberalism And Economic Liberty, Jeppe Von Platz, John Tomasi

Philosophy Faculty Publications

The problem of economic liberty can be understood along two dimensions: the first concerns what significance economic liberties should have; the second concerns why they should have this significance. The significance of a liberty is a function of two variables; weight and scope. The weight of a liberty is the importance it should be accorded in political deliberation vis-a-vis other societal considerations that might inform the exercise of political authority. The weightier the liberty, the more significant it is, meaning that fewer or stronger societal considerations can justify regulating the sphere of agency protected by this liberty.

Giving Up On Moral Truth Shall Set You Free: Walzer On Relativism, Criticism, And Toleration, David Lefkowitz

Philosophy Faculty Publications

Morality, Michael Walzer contends, is plural, subjective, and concrete, a multitude of moralities or moral ways of life created over time by the members of distinct historically situated communities. This entails that we must abandon the familiar notion of moral truth, according to which at least some claims of the form ‘it is wrong to ϕ’ are true in virtue of their tracking or reflecting objective and universal moral principles binding on all moral agents as such. Many of Walzer’s critics take this implication to constitute a reductio ad absurdum refutation of Walzer’s relativist meta-ethics. But what precisely do we …

The End Of The World And Other Times In The Future, Gary Shapiro

Philosophy Faculty Publications

In an interview with his biographer Sylvie Simmons, Leonard Cohen identifies the main interests in his work as "women, song, religion". These are not merely personal concerns for Cohen, they are dimensions of the world that he tries to understand as a poet, singer, and thinker.

Now it's something of a cliché to see the modern romantic or post-romantic singer or poet in terms of personal struggles, failures, triumphs, and reversals. Poets sometimes respond by adopting elusive, ironic, enigmatic, or parodic voices: think, in their different ways, of Bob Dylan and Anne Carson. Yet Cohen has always worn his heart …

Painting (And Photography), Gary Shapiro

Philosophy Faculty Publications

Two of Foucault's signature essays on painting are especially well known: the analysis of Velazquez's Las Meninas, and an essay on Rene Magritte that includes a striking account of how abstraction displaced representation in Western art. In addition, many of Foucault's texts are studded with acute descriptions of major painters from Breughel to Warhol; he gave lecture courses on quattrocento painting and Manet and published essays on several contemporary artists (Rebeyrolle, Fromanger, Michals). Since one of Foucault's major themes was the relation between visibility and discursivity, it is not surprising to find that painting is a favored site for …

States And Nomads: Hegel's World And Nietzsche Earth, Gary Shapiro

Philosophy Faculty Publications

What is Nietzsche's concept of the earth? While "earth" is often taken in a general way to refer to embodied life, to this world rather than to an imaginary and disastrous other world, I propose that the term and concept also have a significant political dimension-a geophilosophical dimension—which is closely related to the radical immanence so central to Nietzsche's thought. I shall argue that he often and pointedly replaces the very term "world" (Welt) with "earth" (Erde) because "world" is tied too closely to ideas of unity, eternity, and transcendence. "World" is a concept with theological …

Robert Smithson, Gary Shapiro

Philosophy Faculty Publications

Smithson, Robert (1938-1973), a prominent U.S. artist, original critic, and theorist, is known for the Spiral Jetty (1970) in Utah's Great Salt Lake and other earthworks. He was a continuing influence and significant voice with respect to environmental art and postmodernism, introduced concepts such as entropy and geological time into the making and discussion of art, and focused on the intertwining of text and visual structure or surface.

Why We Still Do Not Know What A “Real” Argument Is, G. C. Goddu

Philosophy Faculty Publications

In his recent paper, “What a Real Argument is,” Ben Hamby attempts to provide an adequate theoretical account of “real” arguments. In this paper I present and evaluate both Hamby’s motivation for distinguishing “real” from non-“real” arguments and his articulation of the distinction. I argue that neither is adequate to ground a theoretically significant class of “real” arguments, for the articulation fails to pick out a stable proper subclass of all arguments that is simultaneously both theoretically relevant and a proper subclass of all arguments.

Earth’S Garden-Happiness: Nietzsche’S Geoaesthetics Of The Anthropocene, Gary Shapiro

Philosophy Faculty Publications

This essay proposes a reading of the concept and metaphor of the garden in Nietzsche’s philosophy as a contribution to exploring his aesthetics of the human earth and, accordingly, of his idea of the Sinn der Erde. Following Zarathustra’s agreement with his animals’ repeated declaration that „the world awaits you as a garden,” after his ordeal in struggling with the thought of eternal recurrence, the essay draws on Z and other writings to explore the senses of cultivation, design, and perspective which the garden embodies. Nietzsche recognizes and endorses another dimension of the garden in his discussions of Epicurus’ …

Logic, Truth And Inquiry (Book Review), G. C. Goddu

Philosophy Faculty Publications

Mark Weinstein’s, Logic, Truth and Inquiry is an ambitious and provocative case for a theory of truth and warrant strength that will undergird an “account of argument in the broad sense of current argumentation theory” (p. 12). I begin with a very schematic synopsis of Weinstein’s rich discussion through his six chapters. Weinstein himself notes that his arguments are “frequently presented in broad outline” (p. 1), so my quick sketch will be even broader. I conclude with some brief observations about both what the book leaves unresolved and the merits of Weinstein’s intriguing book.

Speaking A Word For Nature: Thoreau's Philosophical Saunter, Gary Shapiro

Philosophy Faculty Publications

Thoreau's extraordinary essay "Walking" is obviously an encomium on what the author calls "the art of Walking" and an exhortation to readers to understand and practice that art. Yes, but we must realize that he speaks of the art of walking in no "pedestrian" sense (if this expression may be excused). Thoreau not only wants us to think the unthought in ordinary walking but to participate in the essay's performance of an allegory or analogue of the practice that he calls sauntering to the Holy Land; it becomes an itinerary through the fields of language that reveals unsuspected sights and …

Post-Liberation Feminism And Practices Of Freedom, Ladelle Mcwhorter

Philosophy Faculty Publications

Most feminist theorists over the last forty years have held that a basic tenet of feminism is that women as a group are oppressed. The concept of oppression has never had a very broad meaning in liberal discourse, however, and with the rise of neo-liberalism since 1980 it has even less currency in public debate. This article argues that, while we may still believe women are oppressed, for pragmatic purposes Michel Foucault’s concept of practices of freedom is a more effective way to characterize feminist theory and politics.