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Jack Knight - Compromise: Nomos LIX

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Jack Knight Compromise: Nomos LIX
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A distinguished group of scholars explores compromise in contemporary affairsDo lawmakers have a greater ethical responsibility to compromise than ordinary citizens? How does one rectify what is at stake when lawmakers concede to compromise for the sake of reaching resolution? Is compromise necessarily equalizing and is it a reasonable mode of problem solving and dispute resolution? In this latest installment from the NOMOS series, distinguished scholars across the fields of political science, law, and philosophy tackle the complex set of questions that relate to the practice of compromise and its implications for social and political life in modern societies.The volume, edited by Jack Knight, brings together a range of perspectives - in both disciplinary and substantive terms - on representation, political morality, disagreement, negotiation, and various forms of compromise. The ten essays reflect a variety of considerations across interdisciplinary lines, and provide a new and thought-provoking discussion of the policy, practice, and philosophy of compromise, covering a number of specific topics including alternative dispute resolution (ADR) and conscientious objection.Examining these issues and more, Compromise offers new and thought provoking insights into the pressing issue of the importance of compromise in social and political affairs.

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Compromise
NOMOS
LiX
NOMOS
Harvard University Press
I Authority 1958, reissued in 1982 by Greenwood Press
The Liberal Arts Press
II Community 1959
III Responsibility 1960
Atherton Press
IV Liberty 1962
V The Public Interest 1962
VI Justice 1963, reissued in 1974
VII Rational Decision 1964
VIII Revolution 1966
IX Equality 1967
X Representation 1968
XI Voluntary Associations 1969
XII Political and Legal Obligation 1970
XIII Privacy 1971
Aldine-Atherton Press
XIV Coercion 1972
Lieber-Atherton Press
XV The Limits of Law 1974
XVI Participation in Politics 1975
New York University Press
XVII Human Nature in Politics 1977
XVIII Due Process 1977
XIX Anarchism 1978
XX Constitutionalism 1979
XXI Compromise in Ethics, Law, and Politics 1979
XXII Property 1980
XXIII Human Rights 1981
XXIV Ethics, Economics, and the Law 1982
XXV Liberal Democracy 1983
XXVI Marxism 1983
XXVII Criminal Justice 1985
XXVIII Justification 1985
XXIX Authority Revisited 1987
XXX Religion, Morality, and the Law 1988
XXXI Markets and Justice 1989
XXXII Majorities and Minorities 1990
XXXIII Compensatory Justice 1991
XXXIV Virtue 1992
XXXV Democratic Community 1993
XXXVI The Rule of Law 1994
XXXVII Theory and Practice 1995
XXXVIII Political Order 1996
XXXIX Ethnicity and Group Rights 1997
XL Integrity and Conscience 1998
XLI Global Justice 1999
XLII Designing Democratic Institutions 2000
XLIII Moral and Political Education 2001
XLIV Child, Family, and State 2002
XLV Secession and Self-Determination 2003
XLVI Political Exclusion and Domination 2004
XLVII Humanitarian Intervention 2005
XLVIII Toleration and Its Limits 2008
XLIX Moral Universalism and Pluralism 2008
L Getting to the Rule of Law 2011
LI Transitional Justice 2012
LII Evolution and Morality 2012
LIII Passions and Emotions 2012
LIV Loyalty 2013
LV Federalism and Subsidiarity 2014
LVI American Conservatism 2016
LVII Immigration, Emigration, and Migration 2017
LVIII Wealth 2017
LIX Compromise 2018
NOMOS LIX
Yearbook of the American Society for Political and Legal Philosophy
Compromise
Edited by
Jack Knight
Picture 1
NEW YORK UNIVERSITY PRESS
New York
NEW YORK UNIVERSITY PRESS
New York
www.nyupress.org
2018 by New York University
All rights reserved
References to Internet websites (URLs) were accurate at the time of writing. Neither the author nor New York University Press is responsible for URLs that may have expired or changed since the manuscript was prepared.
Library of Congress Cataloging-in-Publication Data
Names: Knight, Jack, 1952 editor.
Title: Compromise / edited by Jack Knight.
Description: New York : New York University Press, 2018. | Series: Nomos ; LIX | Includes bibliographical references and index.
Identifiers: LCCN 2017038143 | ISBN 9781479836369 (cl : alk. paper)
Subjects: LCSH: Political ethics. | Compromise (Ethics)
Classification: LCC JA79 .C648 2018 | DDC 172--dc23
LC record available at https://lccn.loc.gov/2017038143
New York University Press books are printed on acid-free paper, and their binding materials are chosen for strength and durability. We strive to use environmentally responsible suppliers and materials to the greatest extent possible in publishing our books.
Manufactured in the United States of America
10 9 8 7 6 5 4 3 2 1
Also available as an ebook
Contents
Jack Knight
Eric Beerbohm
Anton Ford
David Dyzenhaus
Amy J. Cohen
Simon Cbulea May
Melissa Schwartzberg
Michele M. Moody-Adams
Amy J. Sepinwall
Andrew Sabl
Alexander S. Kirshner
Jack Knight
This volume of NOMOSthe 59th in the seriesemerged from papers and commentaries given at the annual meeting of the American Society for Political and Legal Philosophy in Chicago, Illinois on February 2728, 2014, held in conjunction with the annual meeting of the American Philosophical Association. Our topic, Compromise, was selected by the Societys membership.
The conference consisted of three panels: (1) Compromise and Negotiation, (2) The Problem of Clean Hands: Legislative Compromise and Obstructivism, and (3) Democratic Conflict and the Political Morality of Compromise. The volume includes revised versions of the principal papers delivered at that conference by Eric Beerbohm, Amy Cohen, and Michele Moody-Adams. It also includes essays that developed out of the original commentaries on those papers by Simon May, Melissa Schwartzberg, Anton Ford, David Dyzenhaus, Amy Sepinwall, and Andrew Sabl. After the conference we asked Alexander Kirshner to contribute an additional paper to the volume. We are grateful to all of these authors for their insightful contributions.
Thanks are also due to the editors and production team at New York University Press, and particularly to Caelyn Cobb and Alexia Traganas. On behalf of the Society we wish to express our gratitude for the Presss ongoing support for the series and the tradition of interdisciplinary scholarship that it represents.
Finally, thanks to Samuel Bagg and Isak Travnik of Duke University for providing expert assistance during the editorial and production phases of this volume.
  • Eric Beerbohm
  • Professor of Government, Harvard University
  • Amy J. Cohen
  • Professor of Law, Ohio State University
  • David Dyzenhaus
  • University Professor, University of Toronto
  • Anton Ford
  • Assistant Professor of Philosophy, University of Chicago
  • Alexander S. Kirshner
  • Assistant Professor of Political Science, Duke University
  • Simon Cbulea May
  • Assistant Professor of Philosophy, Florida State University
  • Michele M. Moody-Adams
  • Joseph Straus Professor of Political Philosophy and Legal Theory, Columbia University
  • Andrew Sabl
  • Visiting Professor of Political Science, Yale University
  • Melissa Schwartzberg
  • Professor of Politics, New York University
  • Amy J. Sepinwall
  • Assistant Professor of Legal Studies and Business Ethics, University of Pennsylvania
The Problem of Clean Hands
Negotiated Compromise in Lawmaking
Eric Beerbohm
The problem of dirty hands isnt ours. It gets its grip from the point of view of the official who acts in our name. Suppose a coalition of lawmakers votes for an unjust bill. In their floor speeches, they stress that they are public servants, acting on behalf of their constituency. But dont lose any sleep over this vote. The textbook model of dirty hands denies that you bear any responsibility. It doesnt matter whether you advocated for the bill, or that you voted for a candidate who was committed to enacting this policy. You and I are morally insulated from the actions of our lawmakers. Performing unjust actions in our name but without commensurate blame is part of their job description. To refrain would reveal a grating self-preoccupation. They are doing us a favor, shielding us from the blame and resentment of our fellow citizens who have been wronged. From the perspective of the democratic citizen, there doesnt look to be any moral problem here, but a convenient solution. We can aid and abet the passage of an unjust law without any liability. We dont own the logrolling, horse-trading, or the floor votes of our representatives. They do.
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