Ronald Dworkin’s work always spanned a wide array of topics, from the most abstract jurisprudence through the details of American constitutional law all the way over to political philosophy and theories of justice and equality. In the last decades of his life, however, Dworkin’s work flowered in ways that went beyond even this prodigious range. Though he continued his central work in the philosophy of law and constitutional theory, he also addressed issues in international law, human dignity, the philosophy of religion, the relation between ethics, morality and legal theory, and the unity of practical thought generally. This conference will explore some of these themes in Dworkin’s late work. Beginning with a panel on his understanding of religion, we will also convene discussions of his work on legal integrity, international law, and the relation between law and morality. There will be a total of nine presentations, with plenty of time for discussion. All are welcome.
Panel 1 (Friday 1:30 p.m.): Dworkin’s Religion without God.
Eric Gregory (Princeton),
Moshe Halbertal (NYU and Hebrew U.) Ronald Dworkin Religion Without God: Morality and the Transcendent
Larry Sager (Texas) Solving Religious Liberty
Panel 2 (Friday 4:30 p.m.): Dworkin on international law.
Samantha Besson (Fribourg)
The Political Legitimacy of International Law: Sovereign States and their International Institutional Order
John Tasioulas (King’s College, London)
Panel 3 (Saturday 10 a.m.): The idea of integrity in Law’s Empire.
Andrei Marmor (Cornell) Integrity in Law’s Empire
Jeremy Waldron (NYU) The Rise and Decline of Integrity
Panel 4 (Saturday 2:15 p.m.): Law and morality in Justice for Hedgehogs.
Mark Greenberg (UCLA)
What Makes a Moral Duty Legal? Dworkin’s Judicial Enforcement Theory Versus the Moral Impact Theory
Ben Zipursky (Fordham)
Although the Colloquium on Legal, Political, and Social Philosophy is on hiatus this year, it will convene a special “pop-up” session on Thursday, October 17 from 4-7 p.m. in the Faculty Library on the third floor of Vanderbilt Hall. Professor Joseph Raz, who has long been an important member of the Colloquium community, will present a pre-circulated paper on this occasion, which marks the end of many years during which he has taught regularly at Columbia Law School each fall. Professor Raz’s paper will be posted on the Colloquium website in due course.
In public discourse, but also in political theory, the opinion prevails, that democracy is incompatible with aspirations of truth. Some assume, in the Hobbesian tradition, that civic peace requires that truth assertions be restricted to science and religion (normative positivism), whereas the political sphere is constituted by interests, bargaining and collective decisions based on interests, bargaining and rules of aggregation, be they implicit or explicit. In this perspective Collective Choice as preference aggregation is paradigmatic for the understanding of democracy. Postmodernist and neo-pragmatist thought dismisses truth, because it threatens solidarity and belonging. Libertarian political thought relies on market mechanisms reducing citizens to consumers and producers of material and immaterial goods like security and welfare. Accounts of deliberative democracy focus on reasoning in the public sphere but dismiss a realistic understanding of truth, because it is thought to threaten collective and individual self-determination.
In my talk I will argue that a realistic understanding of empirical and normative truth is compatible, even necessary, for an adequate understanding of democracy, that truth assertions do not threaten civic peace, that postmodernist relativity undermines democratic practice, that libertarian market-orientation is incompatible with the status of citizens in democracy and that even deliberative, but anti-realist, accounts of democracy do not allow for an adequate understanding of democracy. My argument is based on a Davidsonian, or pragmatist, understanding of truth, therefore one might say: it critizises normative positivism, postmodernism, libertarianism, and critical theory using pragmatist insights.
Julian Nida-Rümelin presently holds a chair for philosophy and political theory at Ludwig-Maximilians-Universität München, is a member of the European Academy of Sciences, was president of the German Philosophical Association (DGphil) and state-minister for culture and media in the first government of Gerhard Schröder. The topics of his books include Democracy as Cooperation (1999); Democracy and Truth (2006), translated in Chinese and Italian, Philosophy and the form of Life (2009), Realism (2018) and A Theory of Practical Reason (2020, forthcoming, de Gruyter and PUP).
Generous support provided by the New York Institute of Philosophy.
Abstracts:
“Giving as Spending and Spending as Giving: Buddhism and the Politics of Spending during the Chosŏn Dynasty”
Juhn Ahn, University of Michigan
The impact of the Koryŏ-Chosŏn transition on the Buddhist establishment in Korea is generally understood in current scholarship to have been a negative one. It is all too often assumed that Buddhist monasteries, who enjoyed great economic prosperity under Koryŏ’s culture of giving, were forced to undergo a radical reduction in size and number and their wealth confiscated to replenish the empty royal fisc. There is also a tendency to assume that this systematic restructuring of the Buddhist establishment, often dubbed its “decline,” was orchestrated and executed by a small group of reform-minded Neo-Confucian scholar-officials who saw Buddhism as an economic parasite and cause of unnecessary spending. It is true that the Buddhist establishment never again enjoyed the kind of wealth that it once did during the Koryŏ, but this paper argues that we should not take this as a sign of decline or the necessary outcome of state suppression. Instead, this paper will turn its attention to the politics of spending that continued to shape and reshape the Chosŏn court and show that the politics of spending provided the Buddhist establishment with an opportunity—an opportunity that it did in fact use—to redefine the conditions of its existence.
“Court Lady Ch’ŏn Ilch’ŏng (1848 – 1934) in the Making of Modern Korean Buddhism”
Hwansoo Kim, Yale University
In this talk, I will introduce the work of a forgotten Korean Buddhist laywoman who served as one of the highest-ranking ladies in the court of the late Chosŏn dynasty. I will demonstrate that Court Lady Ch’ŏn (1848 – 1934) was as integral to modernizing Korean Buddhism during the pre-colonial and colonial era as the Korean Buddhist monastics with whom she worked. By examining Ch’ŏn’s seminal role in the incipient stage of modern Korean Buddhism, the history of female Buddhist leadership can be extended.
Ch’ŏn primarily worked with the Korean monk and leader Yi Hoegwang (1862-1933), drawing on a wide network of relationships both inside and outside the court to help him establish the first modern institution of Korean Buddhism, build the first modern temple in central Seoul, and open a Buddhist clinic. However, because Yi was later condemned by historiography as the worst of Buddhists who had collaborated with Korea’s colonizer, Ch’ŏn’s leadership and legacy were likewise stigmatized and sidelined. This talk seeks to restore Ch’ŏn’s centrality as a Buddhist modernizer, thereby giving balance to a largely male-centered and ethno-centric history and lengthening the lineage of lay female leadership in the transformation of Korean Buddhism in the early twentieth century.
“Buddhism and State Violence in Modern Korea”
Jin Y. Park, American University
Historically, Korean Buddhism has been known as “State Protection Buddhism” (護國佛敎). The seemingly positive character of this description also points to the limitations of Korean Buddhism’s role in the broader context of society. A state should exist to protect its members, but history has witnessed that the state can and did exercise its power against its members. Which members did the Korean government support, and which were sacrificed in the process? What role did Korean Buddhism play in the unfolding of that history?
This presentation deals with Buddhism’s response to state violence in modern Korea. Through an analysis of a specific instance of state violence and Korean Buddhism’s response, the presentation tries to gauge Korean Buddhism’s capacity to engage with the socio-political milieu of human existence.
Co-sponsored by
The Academy of Korean Studies, Seoul Korea; Weatherhead East Asian Institute; the Department of East Asian Languages and Cultures; The Institute for Religion, Culture, and Public Life; The Department of Religion; The Center for Buddhism and East Asian Religion
Where does this sneaking, yet ever more oppressive and widely experienced sense of a generalized lagging behind come from? A feeling which is only strengthened by the perpetual decree that evolution must be preceded by adaptation. In her talk, Barbara Steigler will explore the genealogy of this new imperative which takes us back to the 1930s, to the sources of a new and very powerful political thought—since baptized as “neoliberalism”—which told a great story about the maladjustment of the human race to its new environment. By drawing two completely different meanings from the Darwinian revolution, Walter Lippmann and John Dewey proposed two radically opposed visions of the new liberalism and democracy. But they also provided two powerful and competing accounts of the future of life and the sense of evolution, an old debate forgotten for many decades which now demands renewed attention in the context of the ecological crisis.
Barbara Stiegler is Associate Professor of Political Philosophy and the director of the Soin, éthique et santé (“Care, Ethics, and Health”) master’s program at the University of Bordeaux Montaigne. She is also a member of the Institut universitaire de France, a service of the French Ministry of Higher Education that honors professors for their research excellence. Stiegler is a specialist in German philosophy and has authored three books: Nietzsche et la biologie (Presses universitaires de France, 2001), Nietzsche et la critique de la chair (Presses universitaires de France, 2005) and “Il faut s’adapter”: Sur un nouvel impératif politique (Gallimard, 2019).
Event co-sponsored by the Department of Philosophy and the CCCCT.
“The issue of anarchy is at once metaphysical and political. Nevertheless, (French) philosophy and politics have always turned their backs on each other when defining it. One of the fundamental motivations of my lectures is to understand the reason of such a non-dialogue.
Different, sometimes contradictory, signs are making manifest the necessity of a new interrogation on anarchy in the current global political situation, far beyond the idea of a violent strategy against the State. How are we to understand and interpret those signs?”
– Catherine Malabou
Catherine Malabou is a Professor in the Philosophy Department at the Centre for Research in Modern European Philosophy (CRMEP) at Kingston University, at the European Graduate School, and in the department of Comparative Literature at the University of California Irvine, a position formerly held by Jacques Derrida.
Her last books include Morphing Intelligence, From IQ To IA, CUP (2018), Before Tomorrow: Epigenesis and Rationality (Cambridge: Polity Press, 2016, trans. Carolyn Shread), Self and Emotional Life: Merging Philosophy, Psychoanalysis, and Neuroscience (with Adrian Johnston; New York: Columbia University Press, 2013); with Judith Butler, You Be My Body For Me, For, Corporeity, Plasticity in Hegel’s Phenomenology of Spirit (London: Blackwell, 2012).
In English
Sponsored by Department of French Literature, Thought, and Culture
The 2020 Annual Telos-Paul Piccone Institute Conference
Keynote Speaker: Catherine Malabou, Kingston University and University of California, Irvine.
Conference Description
Although the rise of populism has often been interpreted as the atavistic return of racism and nationalism, the underlying sources have more to do with the collapse of the welfare state model in advanced post-industrial countries, which has resulted in the search for new forms of solidarity that could replace welfare state structures. These structures were first developed in the early twentieth century when a new type of nation-state and industrial economy came into being along with the developing capitalist regime of accumulation. Such a regime brought about the destruction of the existing networks of solidarity—based primarily on family, religious community, and workplace ties—thereby leading the state to intervene in different social services, including health, employment, and senior care, as well as in labor policy regarding such issues as the minimum wage, the length of the working day, retirement, and accident insurance. However, these interventions by the state, whether they responded to labor union protests or arose from anti-socialist preemptive actions by conservative forces, have been accompanied by the growing bureaucratization of its practices, which have come to constitute, along with capitalist commodification, one of today’s fundamental sources of inequalities and conflicts.
The shifting line between the private and the public has had ambiguous effects. In the end, state intervention was carried out not in the form of a true democratization but through the imposition of new forms of subordination. The social result with greater globalization and deindustrialization in most of the advanced industrial countries has been a sense of abandonment, as well as a loss of empowerment and autonomy in all segments of the population. At the same time, with the emergence of post-Fordist capitalism in the late twentieth century, this subordination to the state has taken the opposite form—that of a reduction of state intervention and care, based on the idea that the endless expansion of state services cannot serve as a panacea for all problems. As a result, new distortions in the private/public divide recently have appeared. In turn, the private sphere has become increasingly contentious, first, because of growing privatization of previously public services and, second, because gaining access to those services is left to individual initiative.
The feeling that governments are incapable of dealing with social problems has regenerated the awareness that collective self-management is perhaps inevitable, at both micro- and macroscopic levels: from neighborhood collectives up to lending circles, non-profit societies, religious organizations, and solidarity economies. The contemporary interest in structures of mutual aid relates to the fact that we are living in an era that is clearly looking for new models of human flourishing and social development. Not only must we deal with multiple and recurring crises (finance, food, energy, and environment), but there is a growing recognition that today’s normative agenda has to be much more encompassing and holistic, including issues of gender equality, fair trade, environment, and cultural and religious diversity.
A need to reconceptualize the concepts of the “common good” and “collective interest” is developing out of this set of conditions, leading to new definitions of civic sense, responsibility, and autonomy. The need for intermediary structures between the private and public sphere frames the space of intervention for mutual aid as a new form of social coherence.
But the concept of mutual aid has a complex and contradictory history. According to Peter Kropotkin, there is an innate biological evolutionary tendency toward mutualism in all living beings, an immanent social rationality that orients humanity toward a self-regulated political organization and society. Against social Darwinism, Kropotkin argues that species not only compete but also, and mainly, collaborate. Such an evolutionary vision later formed the core of Edward Wilson’s sociobiology, marking the beginning of the altruism/selfishness debates within which the problematic of mutual help has remained enclosed for decades. Libertarianism, for example, presupposes that individuals’ social behavior is grounded in a natural principle of selfishness that should then become the basis of aid. This vision allows for a deterministic idea of the capitalist economy in which Robert Nozick argues for the principle of a “minimal state” grounded on the fact that no distributive justice can come from above. Similarly, Friedrich Hayek argues that the “true” nature of liberalism lies in the doctrine that seeks to reduce to the minimum the power of the state. Democracy is then only the means for collective decision-making or a utilitarian apparatus for safeguarding internal peace and individual freedom. The capitalist free market, in turn, is said to be the only type of social organization that respects the principle of individual liberty.
If the theory of mutual aid can no longer be grounded in an opposition between the two poles of society and the state, but must be reconceptualized in terms of the mediation between both, the modes of its mediation become the key to the implementation of mutual aid practices. Ideas of family, nation, and religion thus take on new potential significance as the forms of mediation between individuals that can create the basis for networks of mutual aid. Are these the key categories that would embed mutual aid in broader affective, ethical, and metaphysical frameworks, or are there alternative possibilities that would establish new types of networks?
This conference seeks to develop new concepts of mutual aid that are not predetermined by conceptions of biological, economic, or political certainties. Key questions include:
- Why is mutual aid not linked with theories of social contract, and how do we determine its degrees of separation from the state?
- How can mutual aid be reconceptualized by renewing intellectual traditions?
- What are the moral implications and requisites of the concept of mutual aid today?
- What are the privileged domains of application for mutual aid and what are the organizational principles underlying them?
- Does mutual aid imply a reorganization of the economy, or is it compatible with or even essential to a capitalist organization of economic life?
- Does the concept of mutual aid offer tools for reimagining socialism in a way that avoids an overreliance on state power?
- Does mutual aid require a reconstitution of subjectivity that moves it away from the autonomous individual of liberal theory?
- What are the prospects and problems of religious frameworks, such as Pentecostalism, that function as the basis for mutual aid?
- Can the rise of populism be understood as part of a search for new networks for mutual aid? Does mutual aid imply the restriction of its networks to limited groups, implying a relationship to political identity?
- How does the concept of mutual aid relate to state power and the sovereignty of the state?
Abstract Submissions
Please note: Abstracts for this conference will only be accepted from current Telos-Paul Piccone Institute members. In order to become a member, please visit our membership enrollment page. Telos-Paul Piccone Institute memberships are valid until the end of the annual New York City conference.
We invite scholars from all disciplines to submit 250-word abstracts along with a short c.v. to telosnyc2020@telosinstitute.net by September 30, 2019. Please place “The 2020 Telos Conference” in the email’s subject line.
Contact Professor Wolfgang Mann for more info.
The Colloquium in Legal, Political, and Social Philosophy was founded by Ronald Dworkin and Thomas Nagel in 1987. It is the original model for all of NYU Law’s colloquia. The Colloquium is now convened by Liam Murphy, Samuel Scheffler, and Jeremy Waldron, two of whom will host in any given year.
Each week on Thursday a legal theorist or moral or political philosopher presents a paper to the group, which consists of students, faculty from the Law School and other departments of NYU, and faculty from other universities. The choice of subject is left to the paper’s author, within the general boundaries of the Colloquium’s subjects, and the discussions are therefore not connected by any structured theme for the term as a whole, though in past years certain central topics were canvassed in several weeks’ discussion. The Colloquium aims, not to pursue any particular subject, but to explore new work in considerable depth and so allow students to develop their own skill in theoretical analysis.
Each week’s paper is posted at least a week in advance on this page, and participants are expected to have read it.
The public sessions of the colloquium will take place on Thursdays, in Lester Pollock Colloquium Room, Furman Hall, 9th floor, from 4:00 to 7:00 pm.
Colloquium 2021
Professors Liam Murphy and Samuel Scheffler
September 2nd
Kim Ferzan, University of Pennsylvania, Law
Rethinking Credit for Time Served
September 9th
Liam Murphy, NYU
International Responsibility for Global Environment Harm: Collective and Individual
September 17th ( Friday 2.00-5.00)
Moshe Halbertal, NYU
September 23rd
Jeff McMahan, Oxford
September 30th
Emma Kaufman, NYU Law
October 7th
Rick Pildes, NYU Law
October 14th
Samuel Scheffler, NYU
October 21st
Steve Darwall, Yale, Philosophy
October 28th
Chris Kutz, University of California, Berkeley, Law
November 4th
Anthony Appiah, NYU
November 11th
Johann Frick, University of California, Berkeley, Philosophy
November 18th
Teresa Bejan, Oxford
December 2nd
Ruth Chang, Oxford
The Colloquium in Legal, Political, and Social Philosophy was founded by Ronald Dworkin and Thomas Nagel in 1987. It is the original model for all of NYU Law’s colloquia. The Colloquium is now convened by Liam Murphy, Samuel Scheffler, and Jeremy Waldron, two of whom will host in any given year.
Each week on Thursday a legal theorist or moral or political philosopher presents a paper to the group, which consists of students, faculty from the Law School and other departments of NYU, and faculty from other universities. The choice of subject is left to the paper’s author, within the general boundaries of the Colloquium’s subjects, and the discussions are therefore not connected by any structured theme for the term as a whole, though in past years certain central topics were canvassed in several weeks’ discussion. The Colloquium aims, not to pursue any particular subject, but to explore new work in considerable depth and so allow students to develop their own skill in theoretical analysis.
Each week’s paper is posted at least a week in advance on this page, and participants are expected to have read it.
The public sessions of the colloquium will take place on Thursdays, in Lester Pollock Colloquium Room, Furman Hall, 9th floor, from 4:00 to 7:00 pm.
Colloquium 2021
Professors Liam Murphy and Samuel Scheffler
September 2nd
Kim Ferzan, University of Pennsylvania, Law
Rethinking Credit for Time Served
September 9th
Liam Murphy, NYU
International Responsibility for Global Environment Harm: Collective and Individual
September 17th ( Friday 2.00-5.00)
Moshe Halbertal, NYU
September 23rd
Jeff McMahan, Oxford
September 30th
Emma Kaufman, NYU Law
October 7th
Rick Pildes, NYU Law
October 14th
Samuel Scheffler, NYU
October 21st
Steve Darwall, Yale, Philosophy
October 28th
Chris Kutz, University of California, Berkeley, Law
November 4th
Anthony Appiah, NYU
November 11th
Johann Frick, University of California, Berkeley, Philosophy
November 18th
Teresa Bejan, Oxford
December 2nd
Ruth Chang, Oxford