William A. Edmundson

This is a critical discussion of the Baldus study of capital sentencing in Georgia. It concludes that the Baldus finding of a "race-of-the-victim" effect is less robust than capital-punishment abolitionists have claimed. But the flaws in the Baldus study should not comfort death-penalty advocates, for they reveal an epistemological barrier to the US Supreme Court's ever being able to satisfy itself both that the sentence reflects particularized consideration of the circumstances and character of the defendant and that it is not the product of racial bias

Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken to be prima-facie, comprehensively applicable, universally borne, and content-independent.” This essay is a commentary on the current state of discussion of this perennial philosophical topic.

John Rawls argued in A Theory of Justice that ‘justice as fairness … is likely to have greater stability than the traditional alternatives since it is more in line with the principles of moral psychology'. In support, he presented a psychology of moral development that was informed by a comprehensive liberalism. In Political Liberalism, Rawls confessed that the argument was 'unrealistic and must be recast'. Rawls, however, never provided a psychology of moral development informed by a specifically political liberalism, leaving it at a disadvantage with respect to comprehensive liberalism itself. I argue that no coherent account is available. But, because Rawls’s Liberal Principle of Legitimacy, along with its implied stricture against 'indoctrination in the pejorative sense', is a creature of ideal rather than non-ideal theory, the deficiency is far less significant than many would assume.

The last half-century has seen a steady loss of confidence in the defensibility of a duty to obey the law — even a qualified, pro tanto duty to obey the laws of a just or nearly just state. Over roughly the same period, there has been increasing interest in virtue ethics as an alternative to the dominant consequentialist and deontological approaches to normative ethics. Curiously, these two tendencies have so far only just barely linked up. Although there has been discussion of the question whether patriotism should be considered a virtue, and abstract discussion about the virtuous person’s relation to authority and justice in general, there has been little virtue-oriented discussion having specific reference to the kinds of difficulties that have motivated the ascendant skepticism about political obligation. This silence has persisted despite repeated calls for renewed work on “virtue politics”. This article proposes and defends a preliminary account of law-abidance (as contrasted to obedience) as a virtue. It argues that a virtue-theoretic account of our relation to the law offers advantages that are not contingent upon the independence or priority of the virtues with respect to consequentialist and deontological components of a complete moral theory. Chief among these advantages is the promise of an alternative to the deadlocked positions taken by apologists for the duty to obey the law and their philosophical-anarchist critics — positions which have tacitly been assumed to exhaust the viable possibilities.

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state-of-nature theory has three components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience

Urban sprawl and aggressive driving are two problems that afflict many of America’s major cities. The two affect Atlanta to a notoriously high degree. The two problems are connected. Aggressive driving is not so much a symptom of “road rage” as it is an attempt to communicate with slower drivers. The aggressive driver tailgates other drivers with the intention of letting them know that they are impeding the flow of faster traffic. Aggressive drivers are engaged in what “New Chicago School” legal theory calls “norm seeding.” These drivers are trying to get others to conform to a different norm than what the posted speed limit dictates. The posted speed limit, which is the legal norm, reflects legislative judgments based on concerns of safety and fuel economy. The higher, informal, speed limit reflects something else: the impatience many drivers feel as they drive larger distances and spend correspondingly greater amounts of time in traffic