Progress,fascism and the Last Humans

This paper re-evaluates the notion of progress in light of the trauma represented by interwar European fascism. It critically examines the widespread assumption that interwar European fascism demonstrates the illusory, or even pernicious, nature of progress. Seeing fascists as enraged crusaders against the march of history, whose aim was to impede the further rise of what Nietzsche contemptuously referred to as ‘the Last Humans,’ affords a perspective from which progress, at least in its main current, no longer appears invalidated by fascism. The criterion of democratic mass empowerment, furthermore, can usefully distinguish between two mutually exclusive notions of progress: the first, of largely Hegelian provenance, was committed to mass empowerment; the second, while intractably opposing progress as a democratic enterprise, also appropriated it for radically anti-democratic purposes, transmuting its meaning so that the Last Humans are no longer conceived as its beneficiaries but, at most, as its tools.     

Strategic Coordination and the Law

We re-examine the relationship between coordination, legal sanctions, and free-riding in light of the recent controversy regarding the applicability of the coordination problem paradigm of law-making. We argue that legal sanctions can help solve coordination problems by eliminating socially suboptimal equilibrium outcomes. Once coordination has taken place, however, free-riding can not lead to the breakdown of coordination outcomes, even if sanctions may still be effective at increasing the equity of such outcomes. Finally, we argue that it is the choice of a legal or constitutional system rather than the choice of law that is paradigmatic of the coordination problem. This view requires a re-assessment of the normative status of sanctions attached to individual laws. We thank Catherine Hafer and two anonymous reviewers for helpful comments and suggestions.