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This article examines tensions in the egalitarianism of J. S. Mill and R. H. Tawney alongside national education systems to develop a critical theory of democratic equality. Mill and Tawney advanced strong conceptions of democratic equality but with meritocratic elements that foreshadowed liberal governmental practices that have reconciled substantial inequalities in modern capitalist democracies with official commitments to the moral equality of persons. These practices include IQ testing, educational tracking, Taylorism, and the deployment by social scientists of the “underclass” category. While Mill and Tawney partly prefigured liberal governmentality, they also offered the basis for a compelling democratic egalitarian response.

I. INTRODUCTIONTo what extent are the existence and content of law dependent on morality? Legal Positivism is generally understood to answer: Not at all; the existence of law is one thing, its merit or demerit another thing entirely. Positivism’s historical rival, Natural Law Theory, is widely understood to answer: To a very large extent indeed: An unjust law seems to be no law at all. Recent developments in jurisprudence have rendered these understandings highly questionable and potentially misleading. Natural law theorists like John Finnis and Robert George deny that justice was ever thought by contemporary or traditional defenders of natural law theory to be a necessary condition of law,See, e.g., John Finnis, The Truth in Legal Positivism, and Robert P. George, Natural Law and Positive Law, both in THE AUTONOMY OF LAW (R. George ed. 1996). whereas positivists like H.L.A. Hart, Jules Coleman, and this author assert that morality can indeed play a key role in determining the existence and content of valid laws. But not all self-avowed positivists agree with the line pursued by Hart et al. Many follow the lead of positivism’s greatest contemporary critic, Ronald Dworkin, in claiming that this new brand of positivism, variously termed “incorporationism,”See, e.g., Jules Coleman, Authority and Reason, in THE AUTONOMY OF LAW, supra note 1; and Incorporationism, Conventionality, and the Practical Difference Thesis, 4 LEGAL THEORY 381–425 (1998). “soft positivism,”H.L.A. Hart, Postscript in THE CONCEPT OF LAW (P. Bullock & J. Raz eds., 1994). or “inclusive legal positivism,”Waluchow, INCLUSIVE LEGAL POSITIVISM (1994), hereinafter referred to as ILP. Inclusive positivism, the legal theory, will be referred to as ILP. is either an untenable version of positivism or no version of positivism at all. Among the central challenges to ILP posed by its positivist critics is an objection first raised by Joseph Raz: that ILP (like Natural Law Theory and Dworkin’s “law as integrity”) is inconsistent with the practical authority that law necessarily claims for itself.

AbstractOne of the central debates in cognitive science is the dispute over the role of representation in cognition: on computational/representational accounts, representations are theoretically central; on dynamic systems approaches in which cognition is investigated as a particular sort of physical process, representations play either no role, or, at best, a derivative one. But these two perspectives lead to a deeply unsatisfying theoretical divide: accounts situated in the representational camp are plagued by the inscrutable problem of intentionality, while those hedging towards anti‐representationalism seem incapable of saying anything theoretically interesting about high‐level cognition. This unhelpful polarization is due in part, at least, to a muddy debate; while some take representationalism to be a commitment to the necessity of conceptual representations for cognition, representations the having of which require certain conceptual capacities, others do not. Recently, there has been a surge of work on non‐conceptual representation. This article aims to add to this movement by suggesting a particular cognitive mechanism for non‐conceptual representations, one that plays a pivotal role in making conceptual representations possible. One of the central consequences of this new view of representation is the possibility of a non‐question‐begging naturalistic account of intentionality.

AbstractDuring the 1920s Heidegger gave no less than twelve seminars and lecture courses devoted either exclusively or in large part to the reading of Aristotle's texts. Seven of these, especially the smaller seminars for advanced students, have not been published and apparently will never be included in the Gesamtausgabe. My focus here is on the very first of these. Billed as a reading of Aristotle's De Anima, much of it was devoted to Aristotle's Metaphysics. This decision not to separate Aristotle's “psychology” from his “ontology” is a key move of the seminar that anticipates the project of Being and Time. This and many other ways in which Heidegger's early reading of De Anima anticipates the key moves of the later book constitute one of the reasons for its importance. Another is that the seminar allows us to see what gets suppressed in Heidegger's reading of Aristotle, most significantly, the phenomenon of life itself in favor of an eventual focus on the being of human life or Dasein. This early seminar thus enables us not only to better understand Heidegger's project, but also to raise some fundamental questions concerning it.