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A Series Of Footnotes To Plato's Philosophers, Kevin M. Cherry Mar 2018

A Series Of Footnotes To Plato's Philosophers, Kevin M. Cherry

Political Science Faculty Publications

In her magisterial Plato's Philosophers, Catherine Zuckert presents a radically new interpretation of Plato's dialogues. In doing so, she insists we must overcome reading them through the lens of Aristotle, whose influence has obscured the true nature of Plato's philosophy. However, in her works dealing with Aristotle's political science, Zuckert indicates several advantages of his approach to understanding politics. In this article, I explore the reasons why Zuckert finds Aristotle a problematic guide to Plato's philosophy as well as what she sees as the character and benefits of Aristotle's political theory. I conclude by suggesting a possible reconciliation between …


Aristotle On Democracy And Democracies, Kevin M. Cherry Jan 2018

Aristotle On Democracy And Democracies, Kevin M. Cherry

Political Science Faculty Publications

It is a commonplace that Aristotle, like his teacher Plato, was a critic of democracy. This is, to a certain extent, true: Plato and Aristotle both saw democracy, at least as practiced in Athens, as prone to tumultuousness and imprudence. The failed Sicilian expedition, the execution of Socrates, the failure to heed Demosthenes's warnings about Philip of Macedon and Aristotle's own reported flight from Athens all highlighted the weaknesses of Athenian democratic institutions. Yet Aristotle's understanding of political science requires him to consider not only what the simply best regime might be, as Socrates purports to do in the Republic, …


Political Obligation, Richard Dagger, David Lefkowitz Aug 2014

Political Obligation, Richard Dagger, David Lefkowitz

Political Science Faculty Publications

This essay begins, therefore, with a brief history of the problem of political obligation. It then turns, in Part II, to the conceptual questions raised by political obligation, such as what it means for an obligation to be political. In Part III the focus is on the skeptics, with particular attention to the self-proclaimed philosophical anarchists, who deny that political obligations exist yet do not want to abolish the state. Part IV surveys the leading contenders among the various theories of political obligation now on offer, and Part V concludes the essay with a brief consideration of recent proposals for …


Politics And Philosophy In Aristotle's Critique Of Plato's Laws, Kevin M. Cherry Jan 2013

Politics And Philosophy In Aristotle's Critique Of Plato's Laws, Kevin M. Cherry

Political Science Faculty Publications

Whether on matters of politics or physics, Aristotle's criticism of his predecessors is not generally considered a model of charitable interpretation. He seems to prefer, as Christopher Rowe puts it, "polemic over accuracy" (2003, 90). His criticism of the Laws is particularly puzzling: It is much shorter than his discussion of the Republic and raises primarily technical objections of questionable validity. Indeed, some well-known commentators have concluded the criticisms, as we have them in the Politics, were made of an earlier draft of the Laws and that Plato, in light of these criticisms, revised the final version. I hope …


Play Fair With Recidivists, Richard Dagger Jan 2012

Play Fair With Recidivists, Richard Dagger

Political Science Faculty Publications

Retributivists thus face a difficult challenge. Either we must go against the social grain, and perhaps our own intuitions, by insisting that a criminal offense carry the same penalty or punishment no matter how many previous convictions an offender has accrued; or we must find a way to justify the recidivist premium. I shall take the second route here by arguing that recidivism itself is a kind of criminal offense. In developing this argument, I shall rely on Youngjae Lee's insightful analysis of "recidivism as omission." I shall complement his analysis, however, by grounding it in a conception of criminal …


Playing Fair With Prisoners, Richard Dagger Jan 2012

Playing Fair With Prisoners, Richard Dagger

Political Science Faculty Publications

Oddness aside, however, I think there is much to recommend the attempt to restore rehabilitation to a central place in the practice of punishment. Nor do I think that rehabilitation must displace retribution in that practice. Properly understood, the two aims are not only compatible but also complementary. If we are to understand them properly, though, we shall need to see them as components of a theory of punishment that is grounded in considerations of fair play. Such a theory also has the advantage of offering guidance with regard to other controversial matters of penal policy, such as the question …


Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger Apr 2011

Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger

Political Science Faculty Publications

Jean Hampton’s work first came to my attention in 1984, when the summer issue of Philosophy & Public Affairs appeared in my mailbox. Hampton’s essay in that issue, “The Moral Education Theory of Punishment,” did not persuade me—or many others, I suspect—that “punishment should not be justified as a deserved evil, but rather as an attempt, by someone who cares, to improve a wayward person” (Hampton 1984, 237). The essay did persuade me, though, that moral education is a plausible aim of punishment, even if it is not the “full and complete justification” Hampton claimed it to be (Hampton 1984, …


Republicanism, Richard Dagger Jan 2011

Republicanism, Richard Dagger

Political Science Faculty Publications

Republicanism is an ancient tradition of political thought that has enjoyed a remarkable revival in recent years. As with liberalism, conservatism, and other enduring political traditions, there is considerable disagreement as to exactly what republicanism is and who counts as a republican, whether in the ancient world or contemporary times. Scholars agree, however, that republicanism rests on the conviction that government is not the domain of some ruler or small set of rulers, but is instead a public matter - the res publica - to be directed by self-governing citizens.


Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger Jan 2011

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …


Republicanism And The Foundations Of Criminal Law, Richard Dagger Jan 2011

Republicanism And The Foundations Of Criminal Law, Richard Dagger

Political Science Faculty Publications

This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …


Virtue, Richard Dagger Jan 2010

Virtue, Richard Dagger

Political Science Faculty Publications

In political theory, the word virtue usually refers to the disposition or character traits appropriate to a citizen. Someone who takes the responsibilities of citizenship seriously, to the point of putting the common good ahead of his or her personal interests, is thus said to display civic virtue. Political theorists have frequently warned that such virtue cannot be taken for granted, however, and many of them have urged that steps be taken to promote or foster civic virtue. This concern for the fragility of civic virtue is a clear theme in ancient (or classical) political thought, but it has …


Republicanism And Crime, Richard Dagger Jan 2009

Republicanism And Crime, Richard Dagger

Political Science Faculty Publications

These are but two of the difficult questions that arise when one examines the claim that crime is a public wrong. I take it, though, that their difficulty is an indication of the importance of thinking through the presuppositions and implications of this conception of crime, not a reason to abandon it. A thorough 'thinking through' is too large and complex a task for this chapter, but it is possible to make a case here for the right way to proceed with such an undertaking. That right way, in my view, is to look to the republican tradition of political …


Freedom And Rights, Richard Dagger Jan 2006

Freedom And Rights, Richard Dagger

Political Science Faculty Publications

Liberalism, of course, is quite a capacious theory, with room for liberals to debate quite vigorously among themselves, as well as with others, the meaning and significance of freedom, rights and other concepts. It is also capacious enough to allow for a rethinking of these concepts at a time of pressing environmental problems. Such a rethmking, I shall argue, should lead us to conceive of freedom and rights less as barriers or shields that protect individuals against interference - as forms of independence - and more as matters of organic growth and connection, or interdependence. Indeed, we must conceive …


Politics, Rights, And The Refugee Problem, Richard Dagger Jan 2005

Politics, Rights, And The Refugee Problem, Richard Dagger

Political Science Faculty Publications

In The Origins of Totalitarianism, the political philosopher Hannah Arendt pointed to the years between World War I and World War II as the time when the plight of refugees became a pressing political problem.' If Arendt were still alive (she died in 1975), she would no doubt agree that the problem is at least as pressing in the early twenty-first century as it was sixty or more years ago, when she herself was a refugee from Nazi Germany. Who would not agree? According to a report of the U.N. Population Division, 16 million people were refugees at the …


Autonomy, Domination, And The Republican Challenge To Liberalism, Richard Dagger Jan 2005

Autonomy, Domination, And The Republican Challenge To Liberalism, Richard Dagger

Political Science Faculty Publications

Like Sunstein and other advocates of 'republican' or 'civic' liberalism, I believe that it is historically unsound and politically unwise to insist on a sharp distinction between liberalism and republicanism. Others disagree, however, and there is much to be learned from their position even if, ultimately, we should not adopt it. Those who take this more radical neo-republican view advance two main lines of argument: first, that the liberal emphasis on neutrality and procedural fairness is fundamentally at odds with the republican commitment to promoting civic virtue; and, second, that republicans and liberals conceive of liberty or freedom in incompatible …


La Repubblica Di Sandel E L'Lo Incarnato, Richard Dagger Jan 2002

La Repubblica Di Sandel E L'Lo Incarnato, Richard Dagger

Political Science Faculty Publications

Quelli che vogliono conoscere cio per cui Sandel parteggia e cio contro cui combatte, quindi, hanno una buona ragione per dare il benvenuto a Democracy's Discontent. Se credono che la politica americana trarrebbe profitto da una corroborante (per non dire generosa) dose di repubblicanesimo, troveranno anche molte cose salutari nel libro. Come uno che si considera dentro entrambi questi gruppi, io credo che Sandel sia stato saggio a prendere una qualche distanza dal comunitarismo, e ancora piu saggio a sottoscrivere l'enfasi repubblicana sulla formazione dei cittadini e la coltivazione delle virtU civiche. Ma sbaglia nel continuare a opporsi al …


Comment On Benhabib's "Dismantling The Leviathan": A Republican-Liberai Perspective, Richard Dagger Jul 2001

Comment On Benhabib's "Dismantling The Leviathan": A Republican-Liberai Perspective, Richard Dagger

Political Science Faculty Publications

Those who think of themselves as republican or civic liberals, as I do, will surely be of two minds about Seyla Benhabib's "Dismantling the Leviathan: Citizen and State in a Global World" [Spring 2001 ]. In some respects, Professor Benhabib' s thoughtful essay is quite congenial to republican liberalism. She insists on the importance of human rights, for instance, and she looks for ways to expand political participation. Her indictment of "civic republicanism," however, requires a republican-liberal response.


The Sandelian Republic And The Encumbered Self, Richard Dagger Apr 1999

The Sandelian Republic And The Encumbered Self, Richard Dagger

Political Science Faculty Publications

In Democracy's Discontent, Michael Sandel argues for a revival of the republican tradition in order to counteract the pernicious effects of contemporary liberalism. As in his earlier work, Sandel charges that liberals who embrace the ideals of political neutrality and the unencumbered self are engaged in a selfsubverting enterprise, for no society that lives by these ideals can sustain itself. Sandel is right to endorse the republican emphasis on forming citizens and cultivating civic virtues. By opposing liberalism as vigorously as he does, however, he engages in a self-subverting enterprise of his own. That is, Sandel is in danger …


The State, Civil Society, And Citizenship, Richard Dagger Jul 1993

The State, Civil Society, And Citizenship, Richard Dagger

Political Science Faculty Publications

In large, modern societies, then, we should make the most of "partial societies" by encouraging the development of a vital civil society--a sphere of life that promotes freedom through private activity and the voluntary associations that serve as a buffer between individuals and the state. Indeed, the question is not whether civil society is a prerequisite for a good society, but what form it should take. With this in mind, I want to offer three observations about the proper form of civil society.


Play Fair With Punishment, Richard Dagger Apr 1993

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.


The "L-Word": A Short History Of Liberalism, Terence Ball, Richard Dagger Jan 1990

The "L-Word": A Short History Of Liberalism, Terence Ball, Richard Dagger

Political Science Faculty Publications

Hence the question: Are these good or bad times for liberalism? To answer, we shall need a broader perspective than a survey of contemporary developments can provide. We shall need to look back, that is, to see what liberalism was in order to understand what it has become. Only then can we assess its current condition and prospects-and appreciate how politics in the United States is largely an intramural debate between different wings of liberalism.


Rights, Richard Dagger Jan 1989

Rights, Richard Dagger

Political Science Faculty Publications

In English, 'right' is used in a number of ways to mean a number of things. We may turn to the right, for instance, even when that is not the right way to turn; the Pythagorean theorem deals with right angled triangles; governments sometimes shift to the right; straightforward people come right to the point when they seek to right matters; and we occasionally find that what someone is doing is not right, morally speaking, even though she has the right to do it. 'Right' in this last sense - 'right' as a kind of property we …


Harm, Utility, And The Obligation To Obey The Law, Richard Dagger Jan 1982

Harm, Utility, And The Obligation To Obey The Law, Richard Dagger

Political Science Faculty Publications

In a recent essay, "Political Obligation", R. M. Hare sets out a utilitarian account of the obligation to obey the law which he believes to be immune to an objection often brought against such accounts. In what follows I shall briefly review this objection and Professor Hare's response to it; than I shall go on to argue that Hare's response, ingenious as it is, fails to defeat the objection. Hare's argument is instructive nonetheless, for its failure tells us something about wrongs and harm as well as utility and political obligation.


Understanding The General Will, Richard Dagger Sep 1981

Understanding The General Will, Richard Dagger

Political Science Faculty Publications

While I do not accept all of these rationalistic readings of the general will, I do share the general conviction that we can make sense of Rousseau's concept, and his argument, without resorting to metaphysics or psychology. What I shall offer here, accordingly, is in some respects only a variation on a theme now well known to students of Rousseau's political philosophy. It is an important variation nonetheless, for it enables us to reconcile passages in the Social Contract which otherwise appear to be contradictory. That, at least, is what I shall argue in this essay.


Restitution, Punishment, And Debts To Society, Richard Dagger Jan 1980

Restitution, Punishment, And Debts To Society, Richard Dagger

Political Science Faculty Publications

Of the many developments in the area of criminal justice over the last twenty years or so, the rediscovery of the victim may well be the most heartening. This rediscovery has produced both a new field of study, victimology, and a number of interesting programs and proposals that aim to redress the injuries suffered by the victims of crime. To this point, however, the rediscovery of the victim has not worked a fundamental transformation of our system of criminal justice. The question I wish to address here is whether it should do so.