Freedom, power, and political morality: essays for Felix Oppenheim PDF
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Freedom, Power and Political Morality Essays for Felix Oppenheim Edited by Ian Carter and Mario Ricciardi carter/ricciardi/94236/crc 8/1/01 3:27 pm Page 1 Freedom, Power and Political Morality carter/ricciardi/94236/crc 8/1/01 3:27 pm Page 2 carter/ricciardi/94236/crc 8/1/01 3:27 pm Page 3 Freedom, Power and Political Morality Essays for Felix Oppenheim Edited by Ian Carter Research Fellow University of Pavia Italy and Mario Ricciardi Research Fellow University of Milan Italy carter/ricciardi/94236/crc 8/1/01 3:27 pm Page 4 Editorial matter and selection © Ian Carter and Mario Ricciardi 2001 Chapter 3 © Mario Ricciardi 2001 Chapter 6 © Ian Carter 2001 Chapters 1,2,4,5,7–14 © Palgrave Publishers Ltd 2001 All rights reserved.No reproduction,copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced,copied or transmitted save with written permission or in accordance with the provisions of the Copyright,Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency,90 Tottenham Court Road,London W1P 0LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright,Designs and Patents Act 1988. First published 2001 by PALGRAVE Houndmills,Basingstoke,Hampshire RG21 6XS and 175 Fifth Avenue,New York,N.Y.10010 Companies and representatives throughout the world PALGRAVEis the new global academic imprint of St.Martin’s Press LLC Scholarly and Reference Division and Palgrave Publishers Ltd (formerly Macmillan Press Ltd). ISBN 0–333–76332–7 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Freedom,power,and political morality :essays for Felix Oppenheim / edited by Ian Carter and Mario Ricciardi. p.cm. Includes bibliographical references and index. ISBN 0–333–76332–7 1.Liberty.2.Power (Social sciences) 3.Political ethics. 4.International relations—Moral and ethical aspects. I.Oppenheim,Felix E.,1913– II.Carter,Ian,1964– III.Ricciardi,Mario,1967– JC585 .F743 2000 172—dc21 00–066574 10 9 8 7 6 5 4 3 2 1 10 09 08 07 06 05 04 03 02 01 Printed in Great Britain by Antony Rowe Ltd,Chippenham,Wiltshire Contents Notes on the Contributors vii Introduction ix Ian Carter and Mario Ricciardi Part I. Normative Analysis and Political Concepts 1. Felix Oppenheim’s Deontics 3 Paolo Di Lucia 2. From Hobbes to Oppenheim: Conceptual Reconstruction as Political Engagement 20 Terence Ball 3. Essential Contestability and the Claims of Analysis 39 Mario Ricciardi 4. Freedom and Bivalence 57 Hillel Steiner 5. Dimensions of Nomic Freedom 69 Amedeo G. Conte 6. ‘Ought’ Implies ‘Practical Possibility’ 79 Ian Carter 7. Clarifying the Science Wars: the Concept of Scientific Authority 96 Mark R. Weaver Part II. Political Morality and International Relations 8. On Public Moral Appeals and Identification 121 Jean Bethke Elshtain 9. ‘Anarchical Fallacies’: Bentham’s Attack on Human Rights 134 Hugo Adam Bedau 10. Pre-empting Humanitarian Interventions 153 Thomas Pogge v vi Contents 11. Oppenheim’s Realism and the Morality of the National Interest 171 Luigi Bonanate 12. Oppenheim and the National Interest 188 George Kateb Part III. Coda 13. Oppenheim in Italy: a Memoir 207 Norberto Bobbio 14. Afterthoughts 218 Felix E. Oppenheim Bibliography of the Publications of Felix E. Oppenheim 234 Index 237 Notes on the Contributors Terence Ballis Professor of Political Science at Arizona State University. He is the author of Rousseau’s Ghost: a Novel (1998), Reappraising Political Theory (1995) and Transforming Political Discourse (1988), and co-editor of the forthcoming Cambridge History of Twentieth-Century Political Thought. Hugo Adam Bedauis Austin Fletcher Professor of Philosophy Emeritus at Tufts University. An honorary fellow with the Bentham Project at University College London, he is also the author or editor of several books, including The Death Penalty in America(1964, 1982, 1997) and Making Mortal Choices(1997). Norberto Bobbio is Emeritus Professor of Political Philosophy at the University of Turin, Italy, and has written extensively on legal and political philosophy. English translations of his works include Democracy and Dictatorship (1989), Thomas Hobbes and the Natural Law Tradition (1993), The Age of Rights (1996) and Left and Right (1996). Luigi Bonanateis Professor of International Relations at the University of Turin, Italy, and has written on strategy, nuclear deterrence, inter- national terrorism and the general theory of international relations. He is the author of Ethics and International Politics(1995). Ian Carter is a Research Fellow in Political Philosophy at the University of Pavia, Italy. He has written on the concepts of freedom and equality, and is the author of A Measure of Freedom(1999). Amedeo G. Conteis Professor of Philosophy of Law at the University of Pavia, Italy. He is the author of Filosofia del linguaggio normativo, volume I (studi 1965–81) and volume II (studi 1982–94), both pub- lished in 1995, and of Filosofia dell’ordinamento normativo. Studi 1957–1968, published in 1997. Paolo Di Luciais Professor of Philosophy of Law at the University of Camerino, Italy. He is the author of Deontica in von Wright(1992) and vii viii Notes on the Contributors L’Universale della promessa(1997). He is currently working on a book on legal ontology and the philosophy of action. Jean Bethke Elshtain is the Laura Spelman Rockefeller Professor of Social and Political Ethics at the University of Chicago. Her books include Public Man, Private Woman: Women in Social and Political Thought(1981),Democracy on Trial(1995) and Real Politics: at the Centre of Everyday Life(1997). George Kateb is William Nelson Cromwell Professor of Politics at Princeton University. His most recent book is Emerson and Self-Reliance (1995). Thomas Poggeis Professor of Philosophy at Columbia University and has written extensively in moral and political philosophy and on Kant. He is currently at the Princeton Institute for Advanced Study, complet- ing a book entitled Real World Justice. Mario Ricciardi is a Research Fellow in Jurisprudence at the University of Milan and Lecturer in Jurisprudence at the ‘C. Cattaneo’ University, Castellanza, Italy. He has written on collective rights, the philosophy of action and causation in the criminal law. He is currently working on a book on responsibility. Hillel Steineris Professor of Political Philosophy at the University of Manchester. He is the author of An Essay on Rights (1994) and (with Matthew Kramer and Nigel Simmonds) A Debate Over Rights: Philosophical Enquiries (1998), and editor (with Peter Vallentyne) of a two-volume anthology on left-libertarianism (2000). Mark R. Weaver is Professor of Political Science at the College of Wooster. His most recent written work has focused on Machiavelli’s conception of political leadership, civic republicanism as a model of political reform, and Weber’s formulation of the proper role of the social scientist. Introduction Ian Carter and Mario Ricciardi Felix Oppenheim began his long intellectual career as one of the most forceful representatives of a new philosophical movement which used the sharp instruments of logical analysis and semantic reconstruction to model new ways of thinking about politics and law. His first main work, published in 1944, is one of the earliest examples of the applica- tion of Carnap’s logical analysis to the field of law. More than fifty years of subsequent research have seen the publication of numerous articles and four books devoted to the analysis of fundamental political concepts like freedom, equality, power and interests, to metaethics applied to political issues, and to international relations. Much time has passed, but Felix has continued to work with patience and intellec- tual honesty per metter ordine al gran disordine. Commentators in earlier years rightly considered Oppenheim’s approach a revolutionary one, while many now see it as outdated and of purely antiquarian interest. Logical analysis and conceptual recon- struction are today often perceived as the annoying fixations of pipe- smoking philosophers interested only in preliminary or purely academic questions. All too often we hear it said that conceptual analy- sis is too abstract, that all forms of rationality are ‘context-dependent’, and that the most we can do is struggle to bring about change (if change happens to be what we desire). The idea of dedicating a collection of essays to Felix Oppenheim is certainly no tribute to these recent tendencies. Its realization is testimony to an intellectual debt felt by many colleagues and former students both to Oppenheim’s work and, no less, to the dedication and generosity with which he has contributed to their philosophical deve- lopment – commenting, dissenting, suggesting alternative hypotheses ix
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