Tag Archives | Antiquity

Philosophy By Mail

[cross-posted at Liberty & Power]

My copy of A Treatise of Legal Philosophy and General Jurisprudence, Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics, edited by Fred Miller (author of Nature, Justice, and Rights in Aristotle’s Politics) and Carrie-Ann Biondi, has just arrived. Xenophon It contains a couple of articles by me on the contributions to philosophy of law (and libertarian aspects thereof) by Xenophon, Cynics, Cyrenaics, Academics, Peripatetics, Polybius, Epicureans, and Stoics. Other entries include Michael Gagarin and Paul Woodruff on early Greek legal thought; R. F. Stalley on Socrates and Plato; Miller on near eastern legal thought, Aristotle, ancient rights theory, and early Jewish and Christian legal thought; Brad Inwood on Cicero and the Roman Stoics; Janet Coleman on Augustine; Charles Butterworth on medieval Jewish and Islamic thought; Thomas Banchich on Justinian’s Digests; John Marenbon on Abélard, the early Scholastics, and the revival of Roman law; Charles Reid on canon law; Anthony Lisska on Aquinas, Scotus, and other Scholastics; Brian Tierney on William of Ockham; and M. W. F. Stone on the Spanish Scholastics. You can buy it from Amazon, but when you see the price, you won’t. (I got mine for free.) Hope for it to show up at your friendly neighbourhood university library instead.

Today’s email also brings me the latest issue of Liberty, which contains Leland Yeager’s review of Tibor Machan’s anthology Liberty and Justice. In the following excerpt Yeager discusses a left-libertarian contribution from Jennifer McKitrick, vice-president of the Molinari Institute and Molinari Society:

Jennifer McKitrick devotes her “Liberty, Gender, and the Family” to summarizing and commenting on Susan Moller Okin’s “Justice, Gender, and the Family” (Basic Books, 1989). Okin had bewailed women’s having Jennifer McKitrick heavier burdens and slighter opportunities than men because, for example, family responsibilities impede their uninterrupted pursuit of careers. McKitrick warns libertarians against merely brushing such concerns aside. She regrets that even such an early feminist as John Stuart Mill, in his “The Subjection of Women” (1989), had accepted conventional ideas about the division of labor between the sexes. Yet she also warns against Okin’s program of comprehensive governmental remedies, which might include requiring employers to grant pregnancy and childbirth leave, arrange flexible part-time working hours, provide high-quality on-site day care, and “issue two paychecks equally divided between the employee and his partner” (94). McKitrick prefers facilitating marriage contracts whereby a man and a woman can tailor the terms of their marriage to their particular circumstances and preferences. She denies that women would be at a clear disadvantage in negotiating such contracts. Her article serves as an example of how a thoughtful person can have both feminist and libertarian sympathies.


Three Bad Things in Decreasing Order of Importance, Followed By a Good Thing

[cross-posted at Liberty & Power]

Your tax dollars at work Who are those guys in Guantanamo, and what awful crimes have they committed, really? Check out these interviews: audio here, transcript here. (Conical hat tip to Reed Richter.)

Apparently President Bush was a sex slave during World War II. At any rate, he has accepted the Japanese government’s apology for the treatment of wartime sex slaves, which he could hardly have done had he not been one …. (Conical hat tip to Elizabeth Brake.)

Tom Sawyer’s Island is one of my favourite parts of Disneyland; it’s a nice break from the rest of the park, inasmuch as it has no rides or special effects, just places to play and wander. Well, apparently Disneyland is about to ruin it.

On a brighter note, portions of a lost work by Alexander of Aphrodisias, the foremost ancient commentator on Aristotle and a pretty smart thinker himself (his book On Fate rocks), have been discovered. (Conical hat tip to LRC.)


Byzantine Twilight

[cross-posted at Liberty & Power]

I’m currently in the middle of the third volume of John Julius Norwich’s Byzantine trilogy (a generally fascinating work, I should specify, since I’m about to be critical), wherein he naturally enough attempts to explain the Byzantine Empire’s gradual decline and eventual fall. Byzantine mosaic His explanations invariably focus on the personal qualities of various emperors and generals; indeed he seems to agree with the assessment of Emperor Ioannes VI, whom he quotes on page 293:

There is nothing more conducive to the destruction of a nation, whether it be republic or monarchy, than the lack of men of wisdom or intellect. When a republic has many citizens, or a monarchy many ministers, of high quality it quickly recovers from those losses that are brought about by misfortune. When such men are lacking, it falls into the very depths of disgrace. That is why I deplore the present state of the Empire which, having produced so many excellent men in the past, has now been reduced to such a level of sterility that today’s governors possess nothing to elevate them above those whom they govern.

Yet in passing, four pages later, Norwich mentions a rather different fact which one might think has some relevance to Byzantium’s decline:

Such wealth as existed in the impoverished Empire had … become concentrated in the hands of the aristocratic few, while the majority of the population could feel only indignation and resentment. In most Western societies, the cities and towns had gradually produced a flourishing bourgeoisie of merchants and craftsmen [but] in the Byzantine Empire this had never occurred ….

Surely Byzantium’s increasing economic desperation, inability to pay its mercenaries, and so on, has something to do with its failure to develop a prosperous middle class. What explains this difference between the Byzantine Empire and its Western neighbours? What features of Byzantine law, society, or culture were blocking economic progress? One might think that any historian attempting to explain Byzantium’s fall would show an interest in such questions.

But not Norwich. As he explains in the preface to the second volume:

If I tend to give economic considerations less than their due, this is because I am not an economist and a three-volume work is quite long enough already. Similarly, if I concentrate on the personalities of Emperors and Empresses rather than on sociological developments, I can only plead that I prefer people to trends.

Well, he’s perfectly entitled to focus on what interests him (though his contrast between personalities and trends strikes me as rather artificial). But the price of neglecting economic and sociological considerations, or treating them as some sort of optional add-on, is that one will inevitably fail to understand the events one is writing about.


Anarchy Among the Austrians

As aforementioned, I spent last weekend at the Austrian Scholars Conference. Here’s a list of some of the presentations most likely to be of interest to readers of this blog:

  • Irish anarchy Irish philosopher Gerard Casey argued that recent historical research has largely confirmed Joseph Peden’s theses (see here and here) concerning the stateless or near-stateless character of ancient and medieval Ireland.
  • Those who admit that stateless legal mechanisms might work for small tribes often deny that they could be effective in an advanced economy; Ed Stringham countered this objection by explaining how various sophisticated financial transactions in 17th-century Amsterdam received no protection from the state but nevertheless secured compliance via reputation effects.
  • Vedran Vuk presented a paper detailing how a free-market military defense might operate, and in particular how it could avoid the free-rider problem.
  • Gil Guillory presented a plausible and attractive business model for a private security agency.
  • Gerrit Smith Geoff Plauché defended Aristotelean liberalism, whatever that is.
  • Laurence Vance lectured on the libertarian ideas of Gerrit Smith, the 19th-century abolitionist, feminist, free-trader, and land reformer. (Laurence has also reprinted one of Smith’s books, The True Office of Civil Government; go to this page and scroll down to no. 123.)
  • Tom Woods lectured on the significance for Austro-libertarians of the work of Seymour Melman, New Left critic of the military-industrial complex.
  • Tom also described a forthcoming posthumous book by Murray Rothbard, Betrayal of the American Right, which apparently is as much an autobiography as it is a critique of the increased sidelining of libertarian ideas in the 20th century conservative movement.
  • Joe Salerno argued that Lionel Robbins’ classic quasi-praxeological 1932 Essay on the Nature and Significance of Economic Science (1st edition here; 2nd edition here) was not only influenced by Ludwig von Mises but, more controversially, was also an influence on Mises.

A few of these talks are online as audio files here.


Last Throes

[cross-posted at Liberty & Power]

Brindisi column Writing of the defeat of the Byzantine forces at Brindisi in 1156, John Julius Norwich observes:

It was the same old lesson – a lesson that should by now have been self-evident, but one that the princes of medieval Europe seemed to find almost impossible to learn: that in distant lands, wherever there existed an organized native opposition, a temporary occupying force could never achieve permanent conquest. Whirlwind campaigns were easy, especially when backed by bribes and generous subsidies to the local malcontents; when, however, it became necessary to consolidate and maintain the advantage gained, no amount of gold was of any avail. … The outcome of the recent campaign – however promisingly it had begun – had not been unlucky. It had been inevitable.
(Byzantium: The Decline and Fall (NY: Knopf, 1995), pp. 115-116.)


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