Many of Søren Kierkegaard's most controversial and influential ideas are more relevant than ever to contemporary debates on ethics, philosophy of religion and selfhood. Kierkegaard develops an original argument according to which wholeheartedness requires both moral and religious commitment. In this book, Roe Fremstedal provides a compelling reconstruction of how Kierkegaard develops wholeheartedness in the context of his views on moral psychology, meta-ethics and the ethics of religious belief. He shows that Kierkegaard's influential account of despair, selfhood, ethics and (...) religion belongs to a larger intellectual context in which German philosophers such as Kant and Fichte play crucial roles. Moreover, Fremstedal makes a solid case for the controversial claim that religion supports ethics, instead of contradicting it. His book offers a novel and comprehensive reading of Kierkegaard, drawing on important sources that are little known. (shrink)

By comparing the theories of evil found in Kant and Kierkegaard, this article aims to shed new light on Kierkegaard, as well as on the historical and conceptual relations between the two philosophers. The author shows that there is considerable overlap between Kant's doctrine of radical evil and Kierkegaard's views on guilt and sin and argues that Kierkegaard approved of the doctrine of radical evil. Although Kierkegaard's distinction between guilt and sin breaks radically with Kant, there are more Kantian elements (...) in Kierkegaard than was shown by earlier scholarship. Finally, Kierkegaard provides an alternative solution to the problem of the universality of guilt, a problem much discussed in the literature on Kant. (shrink)

This chapter focuses on how Kierkegaard criticizes both eudaimonism and Kantian autonomy for failing to account for unconditional obligations and genuine other-regard. Like Kant, Kierkegaard argues that eudaimonism makes moral virtue contingent on prudence. Kierkegaard views eudaimonism as an anthropocentric and self-regarding doctrine, which he contrasts not with Kantian autonomy but with theocentrism and proper other-regard. Kierkegaard then criticizes Kantian autonomy in much the same way as he criticizes eudaimonism. Whereas eudaimonism makes morality contingent on prudence, autonomy makes morality contingent (...) on decisions that may be revoked, he argues. As a result, human autonomy can account for hypothetical imperatives but not categorical imperatives. This line of reasoning seems problematic, however, since Kierkegaard takes Kantian autonomy to not only represent a form of moral constructivism, but also a form of moral relativism and decisionism. Still, Kierkegaard’s critique of autonomy indicates that morality and practical rationality need unconditional commitment towards what is objectively good. (shrink)

The aim of this paper is to clarify Kierkegaard’s concept of demonic despair (and demonic evil) and to show its relevance for discussions of the guise of the good thesis (i.e. that in f-ing intentionally, we take f-ing to be good). Contemporary discussions of diabolic evil often emphasise the phenomena of despair and acedia as apparent counter-examples to the guise of the good. I contend that Kierkegaard’s analysis of despair is relevant to these discussions, because it reconciles demonic (extreme) despair (...) and acedia with the guise of the good. In The Sickness unto Death, Kierkegaard provides an influential, systematic account of despair that relates evil, despair, and acedia to each other. Michelle Kosch argues that this account goes beyond Kierkegaard’s German predecessors by introducing a concept of diabolic evil and despair. By contrast, the present paper argues that Kierkegaard takes diabolic evil to be impossible, although he offers a rich analysis of the demonic that resembles diabolic agency. Still, Kierkegaard’s analysis rests on ontological assumptions about the nature of the good that belong to a Platonico-Christian tradition that is controversial today. (shrink)

The aim of this paper is to explore a pragmatic approach to hope and the ethics of belief that allows rational hope against hope. Hope against hope is hope that goes beyond what the evidence supports by hoping for something that is both highly unlikely and highly valuable. However, this could take different forms. One could either hope against the evidence or merely go beyond it; the evidence could be inconclusive or conclusive, conflicting or clear, misleading or plain, absent or (...) neutral. Hope against hope then covers everything from hoping for something that appears unlikely to hoping for something that appears impossible, judging by the available evidence. However, there is a very long tradition of criticizing hope for being false or irrational. But hope can only be false or irrational if it is subject to rational assessment. This presupposes that it is appropriate to ask for a reason or a justification for hoping, since one can be answerable or responsible for hoping. Moreover, this typically assumes that hopes can be changed in response to reasons. False hopes, notably, should be given up (if possible). However, if hope is subject to rational assessment, it is also possible for hope to be rational or justified. Indeed, I will explore how practical reasons or pragmatic considerations may justify hope against hope, sketching criteria for rational hope that allow hope against hope. Section I introduces evidentialism and pragmatism regarding belief. Sections II and III discuss whether or not rational hope against hope is compatible with evidentialism, favoring a pragmatist approach to hope and belief. Section IV discusses evidentialism and pragmatism, whereas sections V-VII sketch constraints on pragmatism and rational hope. (shrink)

This article investigates the convergence between Kierkegaard’s concept of despair and Nietzsche’s concept of nihilism. The piece argues that (1) both Kierkegaard and Nietzsche rely on an internal critique of ways of life which collapse on their own terms; (2) both despair and nihilism involve a radical, existential aporia and double-mindedness which can be (3) either conscious or non-conscious; (4) there is some overlap between the main types of nihilism and the different types of inauthentic (non-conscious) despair; (5) finally, a (...) comparison with Nietzsche makes it possible to make sense of inauthentic despair without resorting to theological presuppositions or a twentieth century depth psychology notion of the unconscious. (shrink)

This article deals with hope – and its importance – by analysing the little-known analysis of hope found in Kierkegaard. Kierkegaard present hope as essential to moral agency, arguingthat hope should never be given up, even if it is not supported by experience. This articlegives an interpretation of the strong claims about the necessity of hope found in Kierkegaardwhich tries to reconstruct some of Kierkegaard’s central claims, arguing that Kierkegaard can be used to sketch a distinction between justified and unjustified (...) hope. (shrink)

The present article deals with religious faith by comparing the so-called double movement of faith in Kierkegaard to Kant's moral faith. Kierkegaard's double movement of faith and Kant's moral faith can be seen as providing different accounts of religious faith, as well as involving different solutions to the problem of realizing the highest good. The double movement of faith in Fear and Trembling provides an account of the structure of faith that helps us make sense of what Kierkegaard means by (...) religious faith in general, as well as to understand better the relation between philosophy and Christian thinking in Kierkegaard. It is argued that previous scholarship has described the relation between Kierkegaard and Kant in a misleading manner by interpreting Kant as an ethicist and overlooking the role of grace in Kant. (shrink)

This chapter deals with Kierkegaard's contributions to ethics by focusing on his relation to virtue ethics and deontology, his views of moral agency, and the source of moral obligations. It argues that Kierkegaard presents a critique of Kantian autonomy that favors moral realism and theological voluntarism, and that he gives an account of human agency and selfhood in which morality is inescapable.

This essay tries to show that there exist several passages where Kierkegaard (and his pseudonyms) sketches an argument for the existence of God and immortality that is remarkably similar to Kant's so-called moral argument for the existence of God and immortality. In particular, Kierkegaard appears to follow Kant's moral argument both when it comes to the form and content of the argument as well as some of its terminology. The essay concludes that several passages in Kierkegaard overlap significantly with Kant's (...) moral argument, although Kierkegaard ultimately favors revealed faith over natural theology in general and Kant's moral faith in particular. Whereas Kant uses the moral argument to postulate the existence of God and immortality, Kierkegaard mainly uses it as a reductio ad absurdum of non-religious thinking. (shrink)

This article aims to show that in his little-known work Denkbewegungen (MS 183), Wittgenstein sketchesan existential philosophy that has been influenced by Kierkegaard. While earlier interpretations of Denkbewegungen stress that this is a diary and tend to favour a biographical orpsychological approach to the diary, I try – with a thematic andhistorical approach − to show that this book sheds new light upon how Wittgenstein was occupied with Kierkegaard (and Christian-ity) on the one hand, and ethics, religion, and existential philoso-phy (...) on the other. Because of this, Denkbewegungen can provideus with a better understanding of how Wittgenstein, during animportant period in the 1930s, developed his thinking. (shrink)

Kierkegaard differs from his contemporaries Schopenhauer and Nietzsche by emphasizing the value of hope and its importance for human agency and selfhood (practical identity). In The Sickness unto Death, Kierkegaard argues that despair involves a loss of hope and courage that is extremely common. Moreover, despair involves being double-minded by having an incoherent practical identity (although it need not be recognized as such if the agent mistakes his identity). A coherent practical identity, by contrast, requires wholehearted commitment towards ideals and (...) the hope that our ideals are realizable. Kierkegaard develops an existential account of hope that emphasizes the interrelation between hope and despair (hopelessness), seeing both as crucial for human agency and selfhood. More specifically, Kierkegaard defends the strong view that we should always hope for the good, no matter how bad the situation might be. Put differently, Kierkegaard sees hope against hope as necessary for human agency and selfhood. His emphasis lies not so much on a description of what hope is as an analysis of what justified hope is. More specifically, Kierkegaard argues that justified hope is interrelated with charity and religious faith, and has the highest good (eternal bliss) as its proper object. As such, it belongs not only to a Judeo-Christian tradition that focuses on the Pauline triad of faith, hope, and charity but it also belongs to a philosophical tradition from Augustine and Kant that views the highest good (the summum bonum), a synthesis of virtue and happiness, as the ultimate object of hope. However, Kierkegaard goes beyond his forerunner by developing a via negativa approach to hope that starts with hopelessness and despair before it proceeds to hope. Indeed, Kierkegaard argues that proper hope, hope against hope, both presupposes and overcomes despair at every instant. (shrink)

Kant’s critical philosophy represents a rudimentary existentialism, or a proto-existentialism, in the following respects: He emphasizes human finitude, limits our knowledge, and argues that human consciousness is characterized by mineness (Jemeinigkeit). He introduces the influential concept of autonomy, something that lead to controversies about constructivism and anti-realism in meta-ethics and anticipated problems concerning decisionism in Existentialism. Kant makes human freedom the central philosophical issue, arguing (in the incorporation thesis) that freedom is inescapable for human agents. He even holds that awareness (...) of freedom leads to anxiety (as opposed to fear), and that anxiety precedes the fall into evil. In the doctrine of radical evil, he argues that human agents are always already suffering from self-deception because of this fall. In order to overcome self-deception and evil, Kant proscribes a radical self-choice in which the agent takes over himself and society by thinking independently and consistently. However, this is not only a moral issue for Kant but also something that concerns religious faith and hope, since Kant argues that we need religion to overcome not only moral evil but also despair. Although he criticizes traditional natural theology, Kant develops a practical (moral) interpretation of religion that anticipates religious Existentialism. In this context, he developed an influential critique of philosophical theodicies and a notion of the hiddenness of God that emphasizes the importance and inscrutability of evil. By doing this, and by introducing philosophy of religion and philosophical anthropology as new disciplines, Kant prepared the ground for Existentialism. (shrink)

This chapter sketches a reconstruction of the concept of hidden inwardness that argues that the concept refers to ethico-religious characters that are expressed in deeds and words, rather than a private inner world. By relying on the distinction between morality and legality, I argue that “hidden inwardness” is not compatible with all kinds of behavior and that it is better described negatively than positively. The concept of hidden inwardness need therefore not be as problematic as is often assumed, since it (...) mainly involves the idea that we do not know hearts and minds. Still, Kierkegaard’s later works use “hidden inwardness” in a different manner than the earlier pseudonymous writings. However, I argue that this change in use of the term involves more a change of emphasis, which prevents misuses of “hidden inwardness,” than any significant change of theoretical position. Finally, I show that “hidden inwardness” sheds light on the controversial theses “Subjectivity is truth” and “Subjectivity is untruth” in Concluding Unscientific Postscript. (shrink)

This chapter relates Kierkegaard’s views on anthropology and selfhood to Kantian and post-Kantian philosophical anthropology. It focuses on Kierkegaard’s contribution to anthropology, and discusses the relation between philosophical and theological anthropology in Kierkegaard. The chapter gives a synopsis of these issues by focusing on The Sickness unto Death, although important elements of this work are anticipated by Either/Or, The Concept of Anxiety and Concluding Unscientific Postscript. After an historical introduction and brief remarks on Kierkegaard’s method, the chapter moves to human (...) nature, selfhood, and despair in The Sickness unto Death. We will see that human nature is interpreted as a synthesis of opposites, whereas selfhood requires self-consciousness and higher-order volition. Nevertheless, The Sickness unto Death approaches selfhood and anthropology negatively by focusing on despair, a deficient form of agency that involves double-mindedness. Kierkegaard argues that despair can only be overcome by wholeheartedness and religious faith. Whereas Part I of The Sickness unto Death provides a philosophical anthropology that distinguishes between inauthentic (non-conscious) and authentic (conscious) despair, Part II develops a theological anthropology that focuses on faith and despair before God. Part I analyses and criticizes various forms of despair on their own terms, whereas Part II identifies despair with sin on the presupposition of divine revelation. Overall, The Sickness unto Death provides a systematic analysis of despair that has been influential in continental philosophy and theology. It is a fascinating contribution to anthropology and theories of selfhood because of its typology and negativistic phenomenology. On the one hand, the analysis of non-conscious despair provides an intriguing account of self-deception, facticity, and freedom. On the other, the analysis of demonic despair—which does evil because it is evil—appears to challenge the widespread idea that all intentional action is prompted by something that appears good). (shrink)

This chapter deals with German philosophy from Leibniz to Fichte, which formed an important part of Kierkegaard's intellectual background. In this period German philosophy came to dominate Danish philosophy. However, Kierkegaard's attitude toward his German predecessors is generally ambivalent, involving both critique and admiration. Although Kierkegaard was fluent in German and very familiar with classic German philosophy, his use of this philosophy is somewhat eclectic and assimilated to his own ends. Kierkegaard uses his German predecessors to develop a distinction between (...) the spheres of existence and thought and to reinforce what he took to be genuine Christian faith. (shrink)

The present text deals with the question of the meaning of life in theexistentialist theory oft heNorwegian philosopher Peter Wessel Zapffe(1899–1990). In his book On the Tragic (1941), Zapffe sketched a theory of the human condition where the meaning of life plays a decisive role together with the human need for justice. This paper aims to reconstruct the central elements of Zapffe’s analysis and to discuss them critically by focusing on his claim that human beings need a fundamental meaning of (...) life as a whole that transcends meaning in life. I pay particular attention to Zapffe’s claim that life is meaningless, since the meaning of life is fundamentallylacking.I conclude that Zapffe’s analysis is problematic for reasons both internal and external to his theory. (shrink)

This article deals with how moral freedom relates to historicity and contingency by comparing Kierkegaard's theory of the anthropological synthesis to Kant's concept of moral character. The comparison indicates that there are more Kantian elements in Kierkegaard's anthropology than shown by earlier scholarship. More specifically, both Kant and Kierkegaard see a true change in the way one lives as involving not only a revolution in the way one thinks, but also that one takes over—and tries to reform—both oneself and human (...) society. Also, Kierkegaard relies on the ideality of ethics and the doctrines of moral rigorism and radical evil. However, Kierkegaard can be seen as trying to find amore systematic role for historicity and contingency than Kant by developing the concept of facticity and by analyzing the so-called “despair of possibility.”. (shrink)

This article provides a critical assessment of Habermas’s recent work on religion and its role in the public sphere by comparing it to Kant’s phi-losophy of religion on the one hand and that of Kierkegaard on the other. It is argued that although Habermas is in many ways a Kantian, he diverges from Kant when it comes to religion, by taking a position which comes closer to the Kierkegaardian view that religiousness belongs to private faith rather than philosophy. This has (...) implications not just for the conception of religion but also for the very roles of communication, validity, rationality, and philosophy. (shrink)

The present text focuses on what resources Kierkegaard offers for dealing with the question “Why be moral?” I sketch an approach to this question by presenting Kierkegaard’s methodology, his negative arguments against the aesthete and the motive he offers for being moral. I conclude that Kierkegaard does provide motivation for assessing ourselves in moral terms, although his approach is more relevant to deontological ethics and virtue ethics than consequentialism.

In this paper, I discuss and reject both the idea of a moral order, in which morality and prudence generally coincide, and the idea of a tragic world, in which morality and prudence generally collide. I then discuss and defend an intermediary position in which morality and prudence converge substantially. It is argued that moral agency presuppose friction that prevents morality from coinciding perfectly with prudence. Still, morality and prudence should not be thought of as being fundamentally incompatible, because this (...) would lead to an objectionable dualism of practical reason as well as demoralization. (shrink)

While it is commonly held that natural evil and suffering undermine religious belief, Kant and Kierkegaard both argue that religion and ethics presuppose discontentment, hardship, and uncertainty. Both argue that moral purity requiresthat this world be imperfect both in the sense of having restricted knowledgeand in the sense that virtue does not lead to happiness. Thus, both thinkersmake constitutive assumptions about the moral structure of the world on prac-tical grounds. But whereas Kant insists that there must be some connection inthis (...) world between morality and happiness, Kierkegaard tends to deny this, portraying this world either as amoral (in 1843–46) or as evil (in 1850–55). (shrink)

Some people insist that they are dead. Rather than starting with the usual assumption that delusions are ‘false beliefs about external reality’ I want to consider how interpreting their claim as a report of a certain kind of anomalous experience assists us in understanding why they are certain, why their claim is immune from evidence to the contrary, and why they do not act in ways we would expect were they to believe their claim to be true of the world. (...) While this helps us understand cases where people do not act on their delusions, more must be said about the people who do act on their delusions. I shall attempt to describe a process where an intense anomalous experience leads to a context-specific narrowing of attention. The ultimate result of this is that the appearance / reality distinction becomes lost in the context of the anomalous experience. The sense of conviction that would be appropriately associated with a report of experience thus becomes inappropriately associated with a claim about external reality. While there have been efforts to provide cognitive therapy for delusional subjects such therapy seems to be based on the notion that confronting them with their contradictions will assist in weakening their sense of certainty about the delusional utterance. I consider whether more progress could be made via empathetic validation of the sense of certainty which is appropriate when associated with the person’s anomalous experience. (shrink)

On 24 July 2022, the landmark decision Roe v. Wade (1973), that secured a right to abortion for decades, was overruled by the US Supreme Court. The Court decision in Dobbs v. Jackson Women’s Health Organisation severely restricts access to legal abortion care in the USA, since it will give the states the power to ban abortion. It has been claimed that overruling Roe will have disproportionate impacts on women of color and that restricting access to abortion contributes to or (...) amounts to structural racism. In this paper, we consider whether restricting abortion access as a consequence of overruling Roe could be understood as discrimination against women of color (and women in general). We argue that banning abortion is indirectly discriminatory against women of color and directly (but neither indirectly, nor structurally) discriminatory against women in general. (shrink)

Critical analysis of Roe v Wade Supreme Court decision.

In this open peer commentary, we concur with the three target articles’ analysis and positions on abortion in the special issue on Roe v. Wade as the exercise of reproductive liberty essential for the bioethical commitment to patient autonomy and self-determination. Our proposed OPC augments that analysis by explicating more fully the concept crucial to Roe of fetal personhood. We explain that the development and use of predictive reproductive technologies over the fifty years since Roe has changed the literal image, (...) and thereby the epistemological landscape, through which a prospective parent comes to know the fetus. The logic of Roe required a legal and ethical denial of fetal personhood to prioritize maternal autonomy over claims to fetal moral personhood. Our claim is that such a denial may be more complicated today. The fetal person genetic testing and reproductive imaging now presents to prospective parents has become an increasingly individualized, distinct medicalized picture of a developing person with which a parent can either identify or differentiate. In contrast, the fetal person of Roe was an abstract and vague figure stripped of most human particulars, a pregnancy rather than the specific individualized human entity reproductive technology now presents as a person to prospective parents. We discuss the implications of this shift and call for a more capacious analysis of reproductive ethics that works towards both reproductive and disability justice. (shrink)

Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal rights to privacy (...) might serve feminist objectives, and prove consistent with sexual equality. By arguing that Roe’s privacy justification of abortion rights was directly responsible for the weakness and vulnerability of abortion rights in America, MacKinnon took aim at feminist hopes for the right to privacy at their strongest point. Maintaining that Roe’s privacy justification of abortion is intimately, and not contingently, related to the Supreme Court’s subsequent decision in Harris v. McRae, (1980) MacKinnon concluded that privacy rights cannot be reconciled with the freedom and equality of women, and so can have no place in a democracy.1 In Harris, the Supreme Court held that the State need not provide Medicaid coverage for abortions that are necessary to preserve the health, but not the life, of a pregnant woman, effectively depriving poor women of almost all state aid for abortions.2 Moreover, the Court’s subsequent decision in Bowers v . Hardwick (1986) appeared to confirm the truth of MacKinnon’s observation – though this case concerned gay rights, rather than abortion rights, and occurred several years after MacKinnon’s condemnation of Harris. -/- This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. -/- . (shrink)

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good for her. For (...) example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. (shrink)

Disagreements about abortion are often assumed to reduce to disagreements about fetal personhood (and mindedness). If one believes a fetus is a person (or has a mind), then they are “pro-life.” If one believes a fetus is not a person (or is not minded), they are “pro-choice.” The issue, however, is much more complicated. Not only is it not dichotomous—most everyone believes that abortion is permissible in some circumstances (e.g. to save the mother’s life) and not others (e.g. at nine (...) months of a planned pregnancy)—but scholars on both sides of the issue (e.g. Don Marquis and Judith Thomson) have convincingly argued that fetal personhood (and mindedness) are irrelevant to the debate. To determine the extent to which they are right, this article will define “personhood,” its relationship to mindedness, and explore what science has revealed about the mind before exploring the relevance of both to questions of abortion’s morality and legality. In general, this article does not endorse a particular answer to these questions, but the article should enhance the reader’s ability to develop their own answers in a much more informed way. (shrink)

In recent years, comparisons between abortion and slavery have become increasingly common in American pro-life politics. Some have compared the struggle to extinguish abortion rights to the struggle to end slavery. Others have claimed that Roe v Wade is the Dred Scott of our time. Still others have argued that abortion is worse than slavery; it is a form of genocide. This paper tracks the abortion = slavery meme from Ronald Reagan to the current personhood movement, drawing on work by (...) Orlando Patterson, Hortense Spillers, and Saidiya Hartman to develop a discourse of reproductive justice that grapples with the wounded kinship of slavery and racism. (shrink)

Background: -/- With recent attention to the organizational dynamics of contemporary Satanism, updated information on Satanic and Setian organizations is imperative for the field. Purpose: -/- The purpose of this research note is to update the literature surrounding Satanism and Setianism with new organizational and administrative information, which will help scholars studying these groups in developing new theoretical frameworks and interpretations. Methods: -/- A snowball sample interview, participant observation, and ethnographic study was conducted. In person field work was done primarily (...) in Austin, TX, and New York, NY, where occult bookstores, wicca stores, online group pages/forums, Satanic gatherings, and goth clothing shops were frequented for a portrayal of “lived Satanism.” Results: -/- Findings elaborate on the authority structures of five Satanic and Setian organizations, and a long considered defunct Satanic group called the Church of Satanic Brotherhood is uncovered. Participants also elaborate on the previous schisms within the Satanic niche. Conclusions and Implications: -/- Field note recommendations are given to future researchers working in Satanic studies. The organizational findings inform future research and theoretical innovations, including religious organization ecology (ROE) theory. (shrink)

This paper explores a currently popular view in the philosophy of emotion, according to which emotions constitute a specific form of evaluative aspect-perception (cf. esp. Roberts 2003, Döring 2004, Slaby 2008). On this view, adequate or fitting emotions play an important epistemic roe vis à vis evaluative knowledge. The paper specifically asks how to conceive of the adequacy or fittingness conditions of emotion. Considering the specific, relational nature of the evaluative properties disclosed by emotions, it is argued that a suitable (...) standard of fittingness has both a world-involving and person-involving aspect: Fitting emotions require both a fundamentum in re as well as a fundamentum in persona. (shrink)

The author addresses speech restrictions on campuses, the axiom “A is A” as it applies to men and women, Roe v. Wade and its effect on examining the definition of personhood, and how this examination may have contributed to the anti-conceptual mentality that was already under way on campuses and elsewhere.

Philosophical discussions concerning ectogestation are trending. And given that the Supreme Court of the United States overturned Roe v. Wade (1973) and Casey v. Planned Parenthood (1992), questions regarding the moral and legal status of abortion in light of the advent of ectogestation will likely continue to be of central importance in the coming years. If ectogestation can intersect with or even determine abortion policy in the future, then a new philosophical analysis of the legal status of abortion is both (...) warranted and urgently needed. I argue that, even if there is no ‘moral’ right to fetal destruction once ectogestation becomes a reality, societies ought not to implement legal prohibitions on a pregnant person’s ability to safely obtain an abortion that results in fetal death because such laws are systemically misogynistic. (shrink)

Lawrence Nelson (2018) criticizes conscientious objection (CO) to abortion statutes as far as they permit health care providers to escape criminal liability for what would otherwise be the legally wrongful taking of a pregnant woman’s life by refusing treatment (i.e. abortion). His key argument refers to the U.S. Supreme Court judgment (Roe v. Wade 1973) that does not treat the unborn as constitutional persons under the Fourteenth Amendment. Therefore, Nelson claims that within the U.S. legal system any vital interests of (...) pregnant women must always take precedence over fetuses’ interests. While agreeing with the main thesis of the article, we believe that the author’s argument neither vindicates his claim, nor explains why those who believe that fetuses are equally protectable human beings do not have the right to refuse to perform an abortion in lifethreatening emergency circumstances (AE). Therefore, the main aim of our commentary is to outline, by referring to our earlier works on conscientious objection in health care (Z_ uradzki 2016) and cultural exemptions (Ciszewski 2016), a better and universalizable argumentative path that would lead to the same conclusion. (shrink)

This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on (...) empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Colombia es el país donde por primera vez se legisló sobre eutanasia en América Latina y el Caribe, en el sentido de despenalizar o legalizar su práctica. La novedad del caso colombiano está en la vía jurídica mediante la cual se despenalizó el “homicidio por piedad”, denominación tipificada en el Código Penal para la eutanasia. Como se explicará en el capítulo correspondiente, la eutanasia en Colombia se despenaliza mediante una sentencia de la Corte Constitucional, máximo organismo del poder judicial del (...) país, sin pasar antes por el Congreso de la República (rama legislativa). Este artilugio jurídico fue el mismo que se utilizó en los EUA, en la década del setenta del siglo pasado, para hacer ver el aborto como si fuera un derecho derivado de la Constitución (caso Roe vs. Wade), que sin embargo fue corregido por la misma Corte Suprema de ese país en 2022. En la sentencia Dows vs. Jackson se indica que el aborto no es un derecho constitucional y que los organismos judiciales no son competentes para regular sobre esa materia y sobre otras análogas. Una de ellas es la eutanasia. Luego de una introducción donde se expone parte de la historia de la eutanasia, se pasa a la terminología relacionada con ella. Algunos argumentos a favor de la eutanasia son examinados para mostrar lo que hay detrás de cada uno y concluir por qué su práctica no es una buena idea. En la parte central del libro se hace una reflexión sobre la valoración ética que se puede hacer del acto eutanásico. Posteriormente se ofrecen unas reflexiones sobre la cultura de la muerte, pero sobre todo del sentido que el sufrimiento puede tener para el ser humano. Antes de las conclusiones el lector encontrará dos ensayos sobre la eutanasia en el mundo y en Colombia, que procuran aportar datos para una mejor comprensión de la situación. En el último capítulo se incluye un estudio breve sobre lo que dicen las religiones de la eutanasia. Las conclusiones se aprovechan para mostrar cómo la medicina paliativa y los cuidados paliativos son el mejor recurso médico que hace innecesario el que alguien pueda plantearse la aplicación de la eutanasia. Además, se explica qué son las voluntades anticipadas y la objeción de conciencia. -/- . (shrink)

This paper is aimed at analyzing the effects of banking relationship on performance of Vietnamese firms in Food and Beverage (F&B), one of the highest potential sectors. Panel data of 170 observations covers 34 F&B firms listed in the Vietnam stock exchanges in the period 2014-2018. The fixed effect model (FEM) is applied. The key findings are: First, short-term loan financing, leverage, and fixed asset ratios all negatively impacted on F&B firm performance, while firm size and net profit margin had (...) positive impacts. These findings were consistent with previous studies. Second, the opposite results with previous studies were: (i) negative corelation of ROE and number of banks firms working with, as F&B firms were inefficient in selecting bank partners; (ii) positive relation of short-term liabilities ratio and ROA/ROE, as F&B firms utilize other non-bank liabilities shortly; (iii) foreign ownership had negative relationship with ROA& ROE. Foreign investors did not have significant roles in most F&B firms. Third, long-term borrowing from banks, state ownership and ages all insignificantly correlated with firm performance. Recommendations to F&B firms include: (1) Reduce the short- term loans and fixed assets investment, while increase the cheap equity funding sources via shareholders (2) Be selective in working with banks to have better fees and interest saved with banks. (3) Utilize other short-term liabilities, including payables and advances – the low-cost funding sources. F&B firms have good bargaining powers in requesting advances from their clients. (4) Have smart buy-in strategies on foreign ownership. (shrink)