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Loyalty

Loyalty: NOMOS LIV

Sanford Levinson
Joel Parker
Paul Woodruff
Copyright Date: 2013
Published by: NYU Press
Pages: 304
https://www.jstor.org/stable/j.ctt9qgb46
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  • Book Info
    Loyalty
    Book Description:

    Few topics are more ubiquitous in everyday life and, at the same time, more controversial in practice, than that of one's moral obligation to loyalty. Featuring essays by scholars working in a variety of subjects from law to psychology, Loyalty presents diverse perspectives on dilemmas posed by potential conflicts between loyalties to specific institutions or professional roles and more universalistic conceptions of moral duty. The volume begins with a philosophical exploration of theories of loyalty, both Eastern and Western, then moves to examine several problematic situations in which loyalty is often a factor: partisan politics, the armed forces, and lawyer-client relationships. A fair and balanced analysis from a wide range of disciplinary and normative viewpoints, Loyalty infuses new life into an oft-tread avenue of scholarly inquiry. Contributors: Ryan K. Balot, Paul O. Carrese, Yasmin Dawood, Bernard Gert, Kathleen M. Higgins, Sanford Levinson, Daniel Markovits, Lynn Mather, Russell Muirhead, Nancy Sherman, Paul WoodruffSanford Levinsonis the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law and Professor of Government at the University of Texas at Austin and author or co-author of many books, includingFramed: America's 51 Constitutions and the Crisis of GovernanceandOur Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It).Paul Woodruffis former dean of the School of Undergraduate Studies and currently Darrell K. Royal Professor in Ethics and American Society at the University of Texas at Austin. His latest book isThe Ajax Dilemma: Justice, Fairness and Rewards.Joel Parkeris Lecturer in the Department of Political Science and Geography at the University of Texas at San Antonio.

    eISBN: 978-0-8147-6091-8
    Subjects: Political Science

Table of Contents

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  1. Front Matter
    (pp. i-vi)
  2. Table of Contents
    (pp. vii-viii)
  3. PREFACE
    (pp. ix-xii)
    SANFORD LEVINSON
  4. CONTRIBUTORS
    (pp. xiii-xiv)
  5. PART I. CONCEPTIONS OF LOYALTY

    • 1 LOYALTY AND MORALITY
      (pp. 3-21)
      BERNARD GERT

      I am interested in exploring the relationship between “loyalty” and “morality” in what I take to be the most common senses of these terms. If I am correct that these are the most common senses of these terms, then my exploration may have important results, but even if I am not correct about this, the senses that I take to be the most common are still ordinary senses, and so the results should be of some interest. In order to present a clear account of the relationship between loyalty and morality, it is necessary to provide a clear account not...

    • 2 LOYALTY FROM A CONFUCIAN PERSPECTIVE
      (pp. 22-38)
      KATHLEEN M. HIGGINS

      Confucius (551–479 b.c.e.) was one of the world’s most influential ethical thinkers. His vision still provides the moral compass for populations throughout East Asia and beyond. Although striking parallels have been drawn between some of the concerns of Confucius and those of the ancient Greek philosophers, particularly in their emphasis on achieving harmony within the state, the Confucian tradition is distinctive.¹ While Western approaches to ethics have traditionally emphasized individual ethical agents and their actions, Confucian thought aims instead at nurturing human relationships. Loyalty, accordingly, figures centrally in the Confucian worldview, for it is an indispensable ingredient in the...

    • 3 IN PLACE OF LOYALTY: FRIENDSHIP AND ADVERSARY POLITICS IN CLASSICAL GREECE
      (pp. 39-52)
      PAUL WOODRUFF

      The ancient Greeks who invented democracy had no concept that matches our concept of loyalty. No word in their language can be reliably translated by the English word. Nothing like loyalty occurs on any list of virtues that has come down to us from classical Greece; the nearest virtue is reverence (to hosion), which requires, among many other things, the keeping of oaths but does not bind a political community together. By contrast, loyalty figures so prominently among the virtues in the classical Chinese tradition that one famousAnalectof Confucius (4.15) entwines it in the single thread of ethics.¹...

  6. PART II. LOYALTY AND THE LAW

    • 4 LAWYERLY FIDELITY
      (pp. 55-105)
      DANIEL MARKOVITS

      Adversary lawyers practice as partisans in the shadow of a structural division of labor between advocate and tribunal in which they are charged zealously to represent particular clients, rather than justice writ large.¹ Thus, although lawyering may be intimately connected to the deep and enduring ethical ideals of respect for persons that justice involves, it also has an ethically troubling aspect. Adversary advocates commonly do and, indeed, are often required to do things in their professional capacities that, if done by ordinary people in ordinary circumstances, would be straightforwardly immoral.

      To begin with, lawyers’ professional obligations impose what the leading...

    • 5 LAWYERLY FIDELITY: AN ETHICAL AND EMPIRICAL CRITIQUE
      (pp. 106-136)
      LYNN MATHER

      How do lawyers’ loyalty to clients and advocacy on their behalf contribute to political legitimacy in a democratic system? This intriguing and profoundly important question is addressed by Daniel Markovits in his essay “Lawyerly Fidelity.” Markovits’s answer is elegant and creative, offering fresh insights into an age-old topic. Yet, at its base, his argument rests on a flawed depiction of lawyerly fidelity in contemporary legal ethics and on inaccurate assumptions about how lawyers actually behave with their clients. As an exercise in philosophical ethics, Markovits writes that he seeks “to elaborate what is, rather than to command what should be,”...

  7. PART III. MILITARY LOYALTY

    • 6 A FRACTURED FIDELITY TO CAUSE
      (pp. 139-174)
      NANCY SHERMAN

      The Marine Corps’ well-known mottoSemper Fidelisdoes not make explicit just what the object of a marine’s fidelity is.² For most marines, it is unquestionably a commitment to each other and, by implication, to the Corps. But, for many in the Marines and for those in the armed forces in general, there is also loyalty to mission and to the overall cause of war of which the mission is a part.³ Warriors prepare for war by rallying behind a cause. But what happens when they feel deep ambivalence about the justice of a cause? What happens when the cause...

    • 7 THE PSYCHOLOGY OF JUST AND UNJUST WARS: RESPONSE TO SHERMAN
      (pp. 175-191)
      RYAN K. BALOT

      Nancy Sherman’s chapter explores the psychic trauma associated with fighting for unjust causes. In the background of Sherman’s essay is her wish to rethink, with Jeff McMahan and others, the traditional distinction between the “right to make war” (ius ad bellum) and “right in [conducting] war” (ius in bello).¹ Sherman asks whether this traditional distinction can be maintained at a psychological level, which she calls the soldiers’ “moral psychic realities.” Can soldiers coherently or authentically dissociate their moral evaluations of the larger causes for which they fight from their own particular, day-to-day conduct in war? Sherman’s answer is no. First-person...

    • 8 FOR CONSTITUTION AND PROFESSION: PARADOXES OF MILITARY SERVICE IN A LIBERAL DEMOCRACY
      (pp. 192-226)
      PAUL O. CARRESE

      The American constitutional order launched in 1789 has never suffered a military coup d’état or even a serious attempt, even as we have evolved from few professional forces to the world’s largest military. Is this a fortunate accident or the product of civic education among citizens at large and professional education of soldiers, marines, sailors, and members of the air force? If our political liberty is the fruit of civic and professional education, it suggests that citizens and military professionals conceive of loyalty in constitutionalist and professional terms, not only in the more individualist terms of moral agreement with every...

  8. PART IV. PARTISAN LOYALTY

    • 9 THE CASE FOR PARTY LOYALTY
      (pp. 229-256)
      RUSSELL MUIRHEAD

      Generally, we do not think good citizenship involves party loyalty. Good citizens are expected to think for themselves; they gather information, try to understand public issues, size up candidates, ponder rival programs, and make up their own minds about how to vote. When they vote, good citizens are supposed to deliberate and decide with a view to the common good—not what is advantageous for their party.¹ Perhaps in light of the ideal of nonpartisan independence, most people say, “I vote the person, not the party.”² What goes for citizens also holds for representatives, who are most celebrated not when...

    • 10 DEMOCRACY AND THE PROBLEM OF THE PARTISAN STATE
      (pp. 257-292)
      YASMIN DAWOOD

      Is partisanship fundamentally antithetical to democratic principles and values? According to traditional democratic theory, the pathologies associated with partisanship—blind loyalty, narrow interests, political polarization, and extremism—pose serious challenges to democratic functioning. Political parties are often viewed as divisive, corrupt, and self-serving. Recent work in democratic theory, however, has invited us to reconsider the conventional wisdom. Nancy Rosenblum and Russell Muirhead argue (separately) for an ethic of partisanship.¹ They contend that partisanship is best understood in light of its considerable and often overlooked virtues rather than solely with respect to its vices. On this view, political parties and partisanship...

  9. INDEX
    (pp. 293-296)