A Persistent Difficulty In Teaching Philosophy Of Law

This semester, I’m teaching Philosophy of Law–again. My syllabus, as always, is a new one, and reflects an altered orientation and focus from those of days past. The current edition is fairly simple: it kicks off with Lon Fuller‘s ‘The Case of the Speluncean Explorers,’ excerpts from H. L. A Hart‘s The Concept of Law,Continue reading “A Persistent Difficulty In Teaching Philosophy Of Law”

Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals

The radically constructive nature of legal and economic concepts emerges quite clearly in the brilliant second essay of The Genealogy of Morals. Here, Nietzsche sets out his view of how the concept of a contract creates persons, how the ethical subject is not found but made. For Nietzsche, the law, a set of human practices,Continue reading “Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals”

Contra Damon Linker, ‘Leftist Intellectuals’ Are Not ‘Disconnected From Reality’

Over at The Week, Damon Linker accuses ‘the Left’ of being disconnected from reality, basing this charge on his reading of two recent pieces by Corey Robin and Jedediah Purdy. (It begins with a charge that is all too frequently leveled at the Bernie Sanders campaign: that its political plans are political fantasies.) What getsContinue reading “Contra Damon Linker, ‘Leftist Intellectuals’ Are Not ‘Disconnected From Reality’”

Nietzsche on the Discontinuity Between Definitions and History

From The Genealogy of Morals, Essay 2, Section 13: Only something which has no history is capable of being defined.  The first time I read the Genealogy, I somehow skipped this line, or at least did not pay undue attention to it. When I read the Genealogy again, I didn’t miss it, and I paid attention:Continue reading “Nietzsche on the Discontinuity Between Definitions and History”