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" "The first, and most obvious, feature that separates Habermas’s later treatment of law from his original study of the public sphere is its completely unhistorical method.
Francis Rory Peregrine Anderson (born September 1938, London) is a British historian and political essayist. A specialist in intellectual history, he is often identified with the post-1956 Western Marxism of the New Left.
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For Rawls simultaneously appeals to the natural outlook of a democratic society to found his conception of the person, and to his conception of the person to found the basic structure of a democratic society. The warrant of the doctrine of two moral powers is that it ‘suits’ a society in which justice is conceived as fairness; and the warrant of justice as fairness, with its schedule of fundamental principles and primary goods, is that it ‘protects’ the exercise of the two moral powers. The attenuated idea of a person is the theoretical plinth of a desirable constitution, determining what count as primary goods ‘in advance’ of any further requirements of social life – yet is also no more than an ideological reflex of the culture it is supposed to generate. In a vicious circle, public arrangements are deduced from personal capacities defined as adapted to public arrangements.
At times, in the scales of misery, society seemed of small account to Leopardi – emperor and beggar alike pitched into the grave. So conceived, philosophical pessimism always risked becoming political defeatism. Timpanaro was not subject to this temptation. He was intensely – even on occasion, he admitted, too vehemently – political. But he was also quite free from the monomania of any ‘pan-politicism’, as he once called it.
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The dichotomies which are the signature of their work – the esoteric and the exoteric, the civil and the managerial, the friend and the foe, the lawful and the legislative – are so many cordons. Their function is to hold popular sovereignty at bay. The different gifts displayed in this enterprise, whatever view is taken of it, were remarkable. For all his later tendency to textual dressage, Strauss's range and subtlety as a master of the canon of political philosophy had no equal in his generation. Schmitt's moral instability never impaired an extraordinary capacity to fuse conceptual insight and metaphoric imagination in lightning flashes of illumination around the state. Hayek could seem tactically ingenuous, but he fashioned a theoretical synthesis out of his epistemology and economics whose scope and strength has yet to be supplanted. Oakeshott was the literary artist in this gallery. His writing varies considerably in quality, and can be whimsically arch at one moment and curiously crude at another, disconcertingly close to Punch or Cross-Bencher. But at its best, when it moves into high register, it can rise to a lyrical beauty.