Anarchy, state, and utopia

政治自由主义 = Political liberalism

Notes on Contributor

Breaking the News: A Review Essay@@@Breaking the News: How the Media Undermine American Democracy

The foundations of modern political thought

The Nature of Customary Law: Legal, Historical and Philosophical Perspectives

This book concerns the dignity and the degradation of labor. Because our work has considerable power either to foster or to undermine our happiness and well-being, the degradation of labor is a profound obstacle to human flourishing. Yet the moral dimension of labor has been neglected in our political theory and practice. In this book, James Bernard Murphy aims to restore productive labor to its rightful place in moral and political debate. Ever since Aristotle, there have been many theories of distributive justice but very little in the way of a theory of justice in production. Through a bold reconstruction and critique of Aristotle's views of nature and moral reason, Murphy develops a new Aristotelian theory of productive labor. According to Aristotle, work has dignity when the worker executes what he has first conceived in thought, and work is degraded when one worker merely executes what is conceived by another. With Aristotle's definition of work as a unity of conception and execution, we can see what is wrong with work in the contemporary world: the detailed division of labor has divorced conception from execution. Although the prevalence of monotonous and stultifying work is widely regarded as the inevitable cost of economic progress, Murphy argues that restoring the unity of conception and execution in the design of jobs is compatible with our economic interests in efficient production and is required by our moral interests in human flourishing.

The Moral Economy of Labor: Aristotelian Themes in Economic Theory

According to Aristotle, nature (physis), habit or custom (ethos), and reason (logos) are the first principles of social explanation as well as the first principles of moral excellence. Just as we explain the order found in a polity as the product of natural, customary, and rationally stipulated kinds of order, so we become excellent persons through our good natural potential, the development of that potential in right habits, and sound ethical reflection upon those habits. For Aristotle, nature and convention are not mutually exclusive; rather, nature, custom, and reason form a hierarchy such that custom presupposes nature, but cannot be reduced to it, while reason presupposes custom, but cannot be reduced to custom. It is argued that Aristotle's account of social order is superior both to the prior Sophistic accounts and to the account in Aquinas. Because Aristotle roots the order of deliberate human action in the order of nature and the order of custom, he focuses his ethical analysis not on the abstract freedom of choice but on the concrete freedom of the person who must act.

Nature, Custom, and Reason as the Explanatory and Practical Principles of Aristotelian Political Science

A fierce debate about civic education in American public schools has erupted in response to the terrorist attacks of September 11, 2001. Many liberals and conservatives, though they disagree strongly about which civic virtues to teach, share the assumption that such education is an appropriate responsibility for public schools. They are wrong. Civic education aimed at civic virtue is at best ineffective; worse, it is often subversive of the moral purpose of schooling. Moreover, the attempt to impose these partisan conceptions of civic virtue on America's students violates the civic trust that underpins vibrant public schools.

https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0265052504211104

Against civic schooling

In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.

James Bernard Murphy

Papers

The Nature of Customary Law: Legal, Historical and Philosophical Perspectives

The Moral Economy of Labor: Aristotelian Themes in Economic Theory

Nature, Custom, and Reason as the Explanatory and Practical Principles of Aristotelian Political Science

Against civic schooling

The Philosophy of Positive Law: Foundations of Jurisprudence