Autonomy

According to Darwall’s Second-Personal Account, moral obligations constitutively involve relations of authority and accountability between persons. Darwall takes this account to lend support to Kant’s moral theory. Critics object that the Second-Personal Account abandons central tenets of Kant’s system. I respond to these critics’ three main challenges by showing that they rest on misunderstandings of the Second-Personal Account. Properly understood, this account is not only congenial to Kant’s moral theory, but also illuminates aspects of that theory which have hitherto received (...) scant attention. In particular, it motivates a fresh perspective on the relationship between respect, persons, and the law. (shrink)

There seems to be a deep tension between two aspects of aesthetic appreciation. On the one hand, we care about getting things right. On the other hand, we demand autonomy. We want appreciators to arrive at their aesthetic judgments through their own cognitive efforts, rather than deferring to experts. These two demands seem to be in tension; after all, if we want to get the right judgments, we should defer to the judgments of experts. The best explanation, I suggest, is (...) that aesthetic appreciation is something like a game. When we play a game, we try to win. But often, winning isn’t the point; playing is. Aesthetic appreciation involves the same flipped motivational structure: we aim at the goal of correctness, but having correct judgments isn’t the point. The point is the engaged process of interpreting, investigating, and exploring the aesthetic object. Deferring to aesthetic testimony, then, makes the same mistake as looking up the answer to a puzzle, rather than solving it for oneself. The shortcut defeats the whole point. This suggests a new account of aesthetic value: the engagement account. The primary value of the activity of aesthetic appreciation lies in the process of trying to generate correct judgments, and not in having correct judgments. -/- *There is an audio version available: look for the Soundcloud link, below.*. (shrink)

According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail the (...) problems that arise when the courts and health care practitioners respond to the vulnerability of capacitous adults on the basis of such an opposition. It will be shown that not only does the common law approach to vulnerability fail to adequately capture the autonomy of capacitous vulnerable adults, the conception of vulnerability and autonomy in oppositional terms leads to objectionably paternalistic health care responses that undermine the autonomy of vulnerable patients as well as clinical and legal interventions that violate their autonomy. In response, the second aim of this paper is to show that the concepts of autonomy and vulnerability are necessarily entwined and, on that basis, the focus should be on promoting the autonomy of capacitous vulnerable adults where possible. In order to make this case, the paper explains the limitations of standard approaches to the autonomy of vulnerable adults and, in their place, offers a conception of legitimate, self-authorised autonomy that is fundamentally dependent on intersubjective practices of recognition. (shrink)

A mais de um século que o fenômeno da automatização dos meios de trabalho vem criando grande apreensão entre nós. Afinal, seríamos todos substituídos por máquinas em algum futuro próximo? Seriam todas as formas de trabalho automatizáveis? Tais questionamentos vêm levantando uma série de críticas pela comunidade engajada em ética de máquina e ética da inteligência artificial. Contudo, gostaria de nesta breve resenha, atacar este problema por outro ângulo, afinal, podemos criticar tal fenômeno de uma ampla variedade de pontos de (...) vista. Gostaria de convidar o leitor a avaliar pela seguinte perspectiva: e se a automação dos meios de trabalho for algo benéfico? E se a emancipação humana realmente venha através de nosso desenvolvimento tecnológico? Se a resposta for sim, por quê quê ainda trabalhamos tanto? Acredito que se os processos de automação forem aplicados a pontos chave de nossa estrutura social, podemos vir a emancipar o indivíduo de uma realidade onde realmente trabalhamos por motivo nenhum, inutilmente. Se abandonarmos a cultura do consumismo, a cultura que atrela o trabalho e o consumo a moralidade, uma alternativa mais próspera seria adotarmos a cultura que abraça o valor da autonomia e liberdade do indivíduo humano. (shrink)

Beauvoir discusses various kinds of personal love in her work, including maternal love, lesbian love, friendship, and heterosexual love. In her portrayal of heterosexual love, she draws a distinction between two main types, inauthentic and authentic. Authentic love is “founded on mutual recognition of two liberties,” always freely chosen and sustained. It requires that the lovers maintain their individuality, while at the same time acknowledging each other’s differences. Inauthentic love is founded on inequality between the sexes, on submission and domination. (...) It prevents both women and men from experiencing freedom, comradeship and the joy of loving. This distinction is, I argue, applicable also to other types of love. Unlike Sartre, Beauvoir believes authentic love is possible. I contrast their respective views. Towards the end, I consider Beauvoir’s idea of authentic love in light of her concept of moral freedom, and argue that Beauvoir’s authentic love foreshadows feminist notion of “relational autonomy.”. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

Celem niniejszej pracy jest zastosowanie wizji „Lewiatana” Thomasa Hobbesa do koncepcji superinteligencji lub nadludzkiej inteligencji, które dyskutowane jest wśród transhumanistów i poruszone jest przez takich filozofów i futurologów jak między innymi Nick Bostrom, Stanisław Lem, albo Ray Kurzweil. Inspiracją mojej pracy były pytania w rodzaju: „kiedy człowiek przestaje być autonomicznym podmiotem?” albo „czy człowiek w ogóle może być samodzielny?”. Niemniej jednak wydaje mi się, że takie pytania mogą się pojawić wtedy, kiedy człowieka rozpoznamy jako zwierzę polityczne (politikon zoon w sensie (...) Arystotelesowskim). Albowiem trudno wyobrażać sobie wyłonienie pojęcia polityki wobec człowieka samotnego, to znaczy w izolacji od innych ludzi i bez odniesienia się lub ustosunkowania się do nich. Będę argumentował z perspektywy historyka ewolucyjnego. Za badaczy posiadających wkład do takiego stanowiska można uznać Karola Darwina, Samuela Butlera, George’a Dysona i szczególnie Yuvala Noaha Harariego. Opieram się głównie na pracach dwóch ostatnich. (shrink)

In the accepted view, the basic disposition of believers is one of absolute obedience, humility, and lack of critique, doubt, or, indeed, defiance of God. Only through such a disposition do believers convey their absolute faith and establish the appropriate hierarchy between God and humans. This article challenges this view and argues that, in mainstream rabbinic tradition, the believer is not required to renounce his or her moral autonomy and certainly not his or her understanding of God and the world. (...) Indeed, faith rests on such understanding; moreover, human autonomy is the mechanism through which humans convey God’s goodness and perfection. Their questions and criticism are part of a persistent effort to close the evident gap between their assumptions about God’s goodness and the flawed imperfect reality. The analysis focuses on rabbinic tradition but its implications go beyond it, presenting a model of a life of faith that compels subjects, as believers, to preserve their constitutive foundations as rational autonomous creatures. (shrink)

This article argues that Amílcar Cabral adhered to some of the essential elements of the philosophical discourse of modernity. This commitment led Cabral to endorse an anti-essentialist, historicized conception of culture, and this in turn led him to conceive of cultural liberation in terms of cultural autonomy as opposed to the preservation of indigenous culture(s). Cabral’s attitude towards languages is employed as a case study in order to demonstrate how emphasis on Cabral’s commitment to the philosophical discourse of modernity can (...) help explain why he could denounce ‘colonialist culture’, while also defending the PAIGC’s (Partido Africano para a Independência da Guiné e Cabo Verde / African Party for the Independence of Guinea and Cape Verde) use of Portuguese as an official language. This essay argues that Cabral makes a significant distinction between foreign influences and foreign domination in the realm of culture. Cabral conceived of the anti-colonial struggle in the realm of culture as a struggle against the latter rather than the former. (shrink)

Interjú az Új Symposion örökségéről, Jugoszláviáról, a vajdasági magyarság baloldali radikális hagyományáról, az avantgárdról stb.

Rawls acknowledges the analogy between his conception of the moral personality and the thought of Kant. However, many philosophers have discussed that similarity. This article aims to evaluate the Kantian foundation of Rawlsian liberty. Specifically, it assesses the idea of personal autonomy. The conclusion is that certain interpretation of Kant, which incorporates both his thinkings on the moral law and on happiness as an intrinsic purpose of the human being, allows the acknowledgement of the aforementioned analogy, and thus enables a (...) better understanding of the Rawlsian idea of freedom. (shrink)

Citizens are politically autonomous insofar as they are subject to laws that are (a) justified by reasons acceptable to them and (b) authorized by them via their political institutions. An obstacle to the equal realization of political autonomy is the plurality of religious, moral, and philosophical views endorsed by citizens. Decisions regarding certain fundamental political issues (e.g., abortion) can involve citizens imposing political positions justified in terms of their respective worldviews upon others. Despite citizens’ disagreements over which worldview is correct, (...) ‘political liberalism’ claims that there is a form of political autonomy that is realizable within pluralist societies. (Political liberalism differs from ‘comprehensive liberalism’ by, inter alia, being ‘freestanding’ vis-à-vis citizens’ different worldviews.) Citizens can be politically autonomous if they enjoy equal political power and justify its exercise with ‘public reasons.’ A political liberal education would aim at ensuring that all students can become politically autonomous citizens by teaching them how to exercise their democratic rights effectively and how to engage in public reasoning. Some political and educational theorists, however, argue that teaching students how to be politically autonomous amounts to teaching them how to be ‘comprehensively’ autonomous. If this is so, then the distinction between political liberalism and comprehensive liberalism collapses, at least with respect to education. This chapter outlines the main elements of political liberalism, summarizes the main requirements of a political liberal citizenship education, and surveys three arguments in support of and against the thesis that a political liberal education amounts to an education for comprehensive autonomy. (shrink)

This paper offers a new interpretation of Nietzsche’s criticisms of Kant’s account of freedom and renders these criticisms in such a way as to pose a serious challenge to Kantian ethics. My first aim is to explain Nietzsche’s challenge to the principle that being free means acting as a free agent ought to act, which I call Kant’s universalism. My second aim is to show that Kant’s accounts of self-respect is a particularly unconvincing account of how we can make room (...) for virtues within a universalistic framework, and thereby persuade the Kantian that there is something wrong with the underlying universalism principle. (shrink)

Gegen die verbreitete Vorstellung, dass Negativität im Interesse von mehr Selbstverwirklichung, Produktivität und Positivität überwunden oder be-grenzt werden muss, eröffnet dieser Band eine andere Perspektive. Er geht den verschiedenen Formen des Negativen in Kunst, Recht und Politik nach, um zu zeigen, dass es nicht allein eine Negativität gibt, die dem Gelingen im Weg steht oder zu dessen sicher beherrschtem Mittel wird. Die Beiträge des Bandes erweisen Negativität vielmehr als eine Kraft der Befreiung, die ein Gelingen anderer Art ermöglicht.

The issue of voting rights for older children has been high on the political and philosophical agenda for quite some time now, and not without reason. Aside from principled moral and philosophical reasons why it is an important matter, many economic, environmental, and political issues are currently being decided—sometimes through indecision—that greatly impact the future of today’s children. Past and current generations of adults have, arguably, mortgaged their children’s future, and this makes the question whether (some) children should be granted (...) the right to vote all the more pressing. Should (some) children be given the right to vote? Moreover, does the answer to this question depend on civic education, on whether children have been deliberately prepared for the exercise of that right? These are the questions that will occupy us in this article. Our answer to the first will be that older children—children roughly between 14 and 16 years of age1—ought to be given the right to vote. (shrink)

The aim of this paper is to evaluate the reflective equilibrium between the acknowledgment of the right to end one’s life and the Rawlsian idea of freedom. This article evaluates the possibility of a self-destructive exercise of freedom. It is asserted that this kind of exercise is inconsistent with the highest order interest in freedom. Allowing the self-destructive practice of freedom jeopardizes the Rawlsian foundation of the priority of liberty, a crucial aspect of the justice as fairness. || -/- El (...) presente artículo tiene como objetivo evaluar el equilibrio reflexivo entre el reconocimiento al derecho a disponer de la propia vida y la idea rawlsiana de libertad. Se considera la posibilidad de llevar a cabo un ejercicio autodestructivo de la libertad. Se defiende que este tipo de ejercicios son contrarios al interés de orden supremo en ejercer la libertad. Permitir la práctica autodestructiva de la libertad pone en riesgo la fundamentación rawlsiana de la prioridad de la libertad, un elemento central de la justice as fairness. (shrink)

Mainstream conceptions of autonomy have been surreptitiously gender-specific and masculinist. Feminist philosophers have reclaimed autonomy as a feminist value, while retaining its core ideal as self-government, by reconceptualizing it as “relational autonomy.” This article examines whether feminist theories of relational autonomy can adequately illuminate the agency of Islamist women who defend their nonliberal religious values and practices and assiduously attempt to enact them in their daily lives. I focus on two notable feminist theories of relational autonomy advanced by Marina Oshana (...) and Andrea Westlund and apply them to the case of Women's Mosque Movement participants in Egypt. I argue that feminist conceptions of relational autonomy, centered around the ideal of self-government, cannot elucidate the agency of Women's Mosque Movement participants whose normative ideal involves perfecting their moral capacity. (shrink)

The chora has proven to be an obscure concept in contemporary philosophy. Cornelius Castoriadis seemed to retreat from the edge of its significance within his work, a significance that is capable of opening up another turn in the labyrinth of his thought. A clear interrogation into the presence of the chora in his thought has, still, yet to be elucidated. This paper proceeds with a notion of the chora defined for the purpose of highlighting its relevance for Castoriadis’thought, taking up (...) his schema trans-regional ontology and imaginary creation, which lean on the anticipation of a self-altering otherness. Locating the chora in Castoriadis’ trans-regionalarchitectonics of being. (shrink)

Kant’s non-voluntarist conception of political obligation has led some philosophers to argue that he would reject self-government rights for indigenous peoples. Some recent scholarship suggests, however, that Kant’s critique of colonialism provides an argument in favor of granting self-government rights. Here I argue for a stronger conclusion: Kantian political theory not only can but must include sovereignty for indigenous peoples. Normally these rights are considered redress for historic injustice. On a Kantian view, however, I argue that they are not remedial. (...) Sovereignty rights are a necessary part of establishing perpetual peace. By failing to acknowledge the sovereignty of native groups, states once guilty of imperialism leave open the in principle possibility for future violence, even though no current conflict exists. Only in recognizing self-government rights can states truly commit to the cosmopolitan ideal. (shrink)

This study steps beyond the traditional arguments of feminism and examines homebirth from a libertarian perspective. It addresses the debate over homebirth and midwifery, which includes the use of direct-entry midwives as well as the philosophical implications of individual autonomy expressed through consumer choice. Furthermore, this paper demonstrates that the medical establishment gains economic and political control primarily through medical licensing, and uses the state to undermine personal freedom as it advances a government-enforced monopoly on birth. At the same time, (...) empirical studies have established a substantial record of high safety and low medical complication rates for homebirth as compared to hospital births. Ultimately, the state’s restriction on medical choices is incompatible with the nonaggression principle and voluntarism, and therefore, with libertarianism. (shrink)

This book addresses the theme of liberty as it is found in the writing of women philosophers of the seventeenth and eighteenth centuries, or as it is theorized with respect to women and their lives. It covers both theoretical and practical philosophy, with chapters grappling with problems in the metaphysics of free will (both human and God’s), the liberty (or lack thereof) of women in their moral, personal lives as well as their social-political, public lives, and the interactions between the (...) metaphysical and normative issues. The chapters draw upon writing of both women and men, and notably, upon a wide range of genres, including more standard philosophical treatises as well as polemical texts, poetry, plays, and other forms of fiction. As such, this book alerts the reader to the wide range of conceptions of what counts as a philosophical text in the early modern period. Several chapters also grapple with the relation between early modern and contemporary ways of thinking about the theme of women and liberty, thus urging the reader to appreciate the continuing importance of these earlier philosophers in the history of philosophy and of feminism. Ultimately, the chapters in this text show how crucial it is to recover the too-long forgotten views of female and women-friendly male philosophers of the seventeenth and eighteenth centuries, for in the process of recovering these voices, our understanding of philosophy in the early modern period is not only expanded, but also significantly altered toward a more accurate history of our discipline. (shrink)

Mark White has developed a provocative skepticism about antitrust law. I first argue against three claims that are essential to his argument: the state may legitimately constrain or punish only conduct that violates someone’s rights, the market’s purpose is coordinating and maximizing individual autonomy, and property rights should be completely insulated from democratic deliberation. I then sketch a case that persons might have a right to a competitive market. If so, antitrust law does deal with conduct that violates rights. The (...) main thread running throughout the article is that what counts as a legitimate exercise of property rights is dynamic, sensitive to various external conditions, and is the proper object of democratic deliberation. (shrink)

Jurgen Habermas has argued that carrying out pre-natal germline enhancements would be inimical to the future child's autonomy. In this article, I suggest that many of the objections that have been made against Habermas' arguments by liberals in the enhancement debate misconstrue his claims. To explain why, I begin by explaining how Habermas' view of personal autonomy confers particular importance to the agent's embodiment and social environment. In view of this, I explain that it is possible to draw two arguments (...) against germline enhancements from Habermas' thought. I call these arguments ‘the argument from negative freedom’ and ‘the argument from natality’. Although I argue that many of the common liberal objections to Habermas are not applicable when his arguments are properly understood, I go on to suggest ways in which supporters of enhancement might appropriately respond to Habermas' arguments. (shrink)

Autonomy in bioethics is coming under sustained criticism from a variety of perspectives. The criticisms, which target personal or individual autonomy, are largely justified. Moral conceptions of autonomy, such as Kant’s, on the other hand, cannot simply be applied in bioethical situations without moralizing care provision and recipience. The discussion concludes with a proposal for re-thinking autonomy by focusing on what different agents count as reasons for choosing one rather than another course of action, thus recognising their involvement in the (...) decision process. (shrink)

Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships with animals. Drawing on recent (...) work on the value of freedom, it will be argued that freedom is non-specifically instrumentally valuable. Accordingly, freedom is a means to other goods, but often it is not possible to identify those goods in advance or aim for them directly. Some of the reasons that make freedom non-specifically valuable for human relationships, it will be argued, also apply to relationships between humans and animals. Amongst other implications, it will be shown how this argument provides a response to those who fear that stricter animal protection policies might undermine people’s freedom: A concern for freedom actually requires stricter protection policies rather than speak against them. (shrink)

Freedom’s just another word for nothin’ left to lose? Not for Axel Honneth,whose Hegelian reconstruction sees freedom as the central, even sole, driving force of Western modernity. Other apparently central values are mere modifications of freedom. Nothin’ don’t mean nothin’ if it ain’t free. In his deliberately grand narrative, Honneth follows Hegel's Philosophy of Right in developing an account of social justice by means of an analysis of society. The end result is an outline of society in terms of roles (...) and ethical relations through which individuals can achieve freedom and self-realization.The construal is at the same time a description of the constitutive spheresof contemporary society, in terms of its less than fully realized potentialsand promises. In Hegelian parlance, the "rational" is in the process of becom-ing "actual" in modern history, but owing to misdevelopments and social pathologies, there is still ample room for social criticism, in light of the veryconcept that these institutions (are meant to) embody, namely, social freedom. (shrink)

As liberals, we would like each person to direct her own life in accordance with her will. However, because of the complexities of the human mind, it is very often not clear what a person wills. She may choose one thing though she prefers another, while having false beliefs the correction of which would cause her to prefer some third thing. I propose, against this background, that to respect a person’s will or self-direction is to respect both her choices and (...) her preferences, with some priority given to those preferences that are informed and coherent. This is a pluralist answer to the neglected question, “respect for what?”. (shrink)

This paper discusses the validity of nudges to tackle time-inconsistent behaviours. I show that libertarian paternalism is grounded on a peculiar model of personal identity, and that the argument according to which nudges may improve one’s self-assessed well-being can be seriously questioned. I show that time inconsistencies do not necessarily reveal that the decision maker is irrational: they can also be the result of discounting over the degree of psychological connectedness between our successive selves rather than over time. Time inconsistency (...) can call for paternalism if and only if we accept that an individual is characterised by stable “true” preferences over time-dependent outcomes, and that she is rationally required to make time-consistent choices. This model is descriptively and normatively questionable. I then argue that behavioural findings may still justify paternalistic interventions, but on a non-welfarist basis. (shrink)

I defend my pure social account of global autonomy from Steven Weimer's recent criticisms. In particular, I argue that it does not implicitly rely upon the very kind of nonsocial conception of autonomy that it hopes to replace.

Trotz anhaltender Debatten über Determinismus und Freiheit ist der Sinn von Freiheit weit davon entfernt, ein klar umrissenes philosophisches Problem darzustellen. Betrachtet man Versuche, menschliche Freiheit zu beweisen, und Diskussionen um die soziale Normierung von Freiheit, so ist selten klar, ob hier von einem einheitlichen Phänomen die Rede ist. Aufgrund der Komplexität der Debatten und der historischen Tiefe des Problems lässt sich die Freiheit nicht einer einzelnen Teildisziplin der Philosophie zuordnen. Wer sich auf einen Bestimmungsversuch des Begriffs einlässt, muss zugleich (...) das Verhältnis von Theorie und Praxis klären. Die Untersuchung der Freiheit führt daher nicht zuletzt zu einer immer wieder neu zu vollziehenden Selbstverortung der Philosophie. (shrink)

Prominent critics of consequentialism hold that utilitarianism is not capable of accepting authentic human values, because the consequentialist viewpoint is impersonal. According to it consequentialist rationality has no axiological limits and it can think about doing the unthinkable. The main objective of the paper is to show that human dignity has a significant position in the author's conception of ethics of social consequences (a non-utilitarian consequentialism) arguing for a particular theory of the value of human dignity. The author argues that (...) the ethics of social consequences is capable of accepting human dignity as well as all authentic human moral values. He believes that ethical theory of social consequences (as a form of non-utilitarian consequentialism) can provide the element missing whose lack was unveiled by the critics of utilitarianism. (shrink)

It is common to cite the child’s “right to an open future” in discussions of how parents and the state may and should treat children. However, the right to an open future can only be useful in these discussions if we have some method for deriving the content of the right. In the paper in which he introduces the right to an open future Joel Feinberg seems to provide such a method: he derives the right from the content of adult (...) autonomy rights. In this paper I argue that his argument fails. If it is to give us guidance about the content of the child’s right to an open future, then the right should be interpreted as a right to a maximally open future. But this strong interpretation is unjustified: the arguments that can be found in Feinberg in favor of the right are invalid, and, in any case, this interpretation has implausible implications. A moderate interpretation of the right to an open future, according to which children have a right to acquire some reasonable range of skills and options, is more plausible. However, if a moderate interpretation is correct, there is not only no argument in Feinberg to support it, there is also no method for deriving the content of the right. Without such a method we have to bring in other moral considerations in order to work out the limits on parental discretion and what children are owed. The right to an open future then does no normative work. (shrink)

Both autonomy and agency play central roles in the emerging enactive vocabulary. Although some treat these concepts as practically synonymous, others have sought to be more explicit about the conditions required for agency over and above autonomy. I attempt to be self-conscious about the role of the observer (or scientist) in such discussions, and emphasise that the concept of agency, in particular, is deeply entwined with the nature of the observer and the framing of the observation. This is probably well (...) known to enactivists, but runs the risk of being badly misunderstood if it is not made explicit. A heightened awareness of the role of the observer in the attribution of agency may allow us to make advances in questions in which progress is hindered by assuming a single split between subject and object. I argue that human experience is characterized by our embedding in webs of meaning arising from our participation in systems of many sorts, and that this richness demands a corresponding lightness of touch with respect to the identification of agentive subjects. (shrink)

Dva su osnovna shvatanja odnosa između ustavnih prava i analize proporcionalnosti. Prvo drži da postoji nužna veza između ustavnih prava i proporcionalnosti; drugo tvrdi da pitanje o tome da li su ustavna prava i proporcionalnost povezani zavisi od toga šta su ustavotvorci zapravo odlučili, tj. zavisi od pozitivnog prava. Prva teza se može označiti kao “teza o nužnosti”, druga se može označiti kao “teza o kontingentnosti.” Prema tezi o nužnosti, legitimnost proporcionalnosti je pitanje prirode ustavnih prava, dok je prema tezi (...) o kontingentnosti legitimnost proporcionalnosti pitanje tumačenja. U članku se zastupa teza o nužnosti. | Prethodna verzija ovog članka je objavljena u Chinese Yearbook of Constitutional Law (2010). 221–235. (shrink)

In an era of global interdependence, the concept of autonomy may no longer name our core moral need. Shifting friendships and enmities across political boundaries bear significant consequences for the individual. Perhaps social alliances and hostilities have always had an impact on the flourishing of individuals and communities. But globalization (especially as viewed through the technology of the information age) magnifies the impact of external forces on sovereign bodies. These forces remind individuals of the need to establish the right kind (...) of connections, and diminish (but do not exclude) the relative importance of autonomy for moral and political discourse. (shrink)

Modern advocators of personal autonomy are eager to stress the distance between their belief in personal autonomy and moral autonomy. I hold a very different view that there is no need drawing a strict boundary between moral autonomy and personal autonomy. I introduce into this article two phrases—contextual autonomy and global autonomy, with the help of which we blend successfully moral autonomy with personal autonomy. Finally come to such a conclusion that contextual autonomyn+1 compromises global autonomy which in this sense (...) is in an additive fashion; and moral autonomy is one variety of personal autonomy. I hope this would inspire a new angle to understand personal autonomy and moral autonomy, or even, autonomy and morality. (shrink)

The practices of using hostages to obtain concessions and using human shields to deter aggression share an important characteristic which warrants a univocal reference to both sorts of conduct: they both involve manipulating our commitment to morality, as a means to achieving wrongful ends. I call this type of conduct “moral coercion”. In this paper I (a) present an account of moral coercion by linking it to coercion more generally, (b) determine whether and to what degree the coerced agent is (...) liable for the harms resulting from acceding to moral coercion, and (c) investigate factors relevant to determining whether we ought to accede to moral coercion. In so doing, I provide grounds for the intuition that we “allow evil to succeed” when we accede to moral coercion. (shrink)

If one can judge a society by how it treats its prisoners, one can surely judge a society by how it treats cognitively- and learning-impaired children. In the United States children with physical and cognitive impairments are subjected to higher rates of corporal punishment than are non-disabled children. Children with disabilities make up just over 13% of the student population in the U.S. yet make up over 18% of those children who receive corporal punishment. Autistic children are among the most (...) likely to receive corporal punishment. -/- Although they may deny or redescribe particular instances of corporal punishment or their use of restraints, educators defend such actions as legitimate punishment. In this paper, I assess the logic underlying the use of restraints and corporal punishment on autistic children by educators. The rationalizations for the corporal punishment or restraint of autistics stems from the educator’s desire to control the autistic children so as to end typical autistic behaviors such as rocking, repetitive verbalizations, or “flapping” but also the autistic child’s non-affective responses such as not appearing to feel remorse or shame or the absence of a verbal acknowledgement of remorse or shame. The educators assume that the autistic’s failure to exhibit the desired responses is evidence of the autistic’s moral incorrigibility and is, therefore, evidence of the appropriateness of corporal punishment. But this assumption of the incorrigibility of the autistic child is questionable. -/- Indeed accepting this incorrigibility assumption reveals two important problems. First, instructors using physical punishment on autistic children do not understand autism. Second, they are not working with a tenable conception of punishment. Any action undertaken to induce socially acceptable behaviors (whether it be the end of autistic acts or responses such as remorse) is to fail to understand what the legitimate punishment of children is about. (shrink)

Should the existence of moral disagreement reduce one’s confidence in one’s moral judgments? Many have claimed that it should not. They claim that we should be morally self-sufficient: that one’s moral judgment and moral confidence ought to be determined entirely one’s own reasoning. Others’ moral beliefs ought not impact one’s own in any way. I claim that moral self-sufficiency is wrong. Moral self-sufficiency ignores the degree to which moral judgment is a fallible cognitive process like all the rest. In this (...) paper, I take up two possible routes to moral self-sufficiency.First, I consider Robert Paul Wolff’s argument that an autonomous being is required to act from his own reasoning. Does Wolff’s argument yield moral self-sufficiency? Wolff’s argument does forbid unthinking obedience. But it does not forbid guidance: the use of moral testimony to glean evidence about nonmoral states of affairs. An agent can use the existence of agreement or disagreement as evidence concerning the reliability of their own cognitive abilities, which is entirely nonmoral information. Corroboration and discorroboration yields nonmoral evidence, and no reasonable theory of autonomy can forbid the use of nonmoral evidence. In fact, by using others to check on my own cognitive functionality, an agent is reasoning better and is thereby more autonomous.Second, I consider Philip Nickel’s requirement that moral judgment proceed from personal understanding. I argue that the requirement of understanding does forbid unthinking obedience, but not discorroboration. When an agent reasons morally, and then reduces confidence in their judgments through discorroboration, they are in full contact with the moral reasons, and with the epistemic reasons. Discorroboration yields more understanding, not less. (shrink)

Well-being can be promoted in two ways. Firstly, by affecting the quantity, quality and allocation of bundles of consumption (the Resource Approach), and secondly, by influencing how people benefit from their goods (the Taste Approach). Whereas the former is considered an ingredient of economic analysis, the latter has conventionally not been included in that field. By identifying the gain the Taste Approach might yield, the article questions whether this asymmetry is justified. If successfully exercised, the Taste Approach might not only (...) enable people to raise their wellbeing, but also provide solutions to a number of issues such as sustainable development and global justice. The author argues that recently developed accounts such as Happiness Economics (HE) and Libertarian Paternalism (LP) both can be considered specifications of the Taste Approach. Furthermore a third specification is identified: Inexpensive Preference Formation (IPF). Whereas LP suggests that choice architecture should be exercised when rationality fails, IPF holds that governance in certain instances should improve choices also in absence of no such failure. (shrink)

In this paper I propose and develop a social account of global autonomy. On this view, a person is autonomous simply to the extent to which it is difficult for others to subject her to their wills. I argue that many properties commonly thought necessary for autonomy are in fact properties that tend to increase an agent’s immunity to such interpersonal subjection, and that the proposed account is therefore capable of providing theoretical unity to many of the otherwise heterogeneous requirements (...) of autonomy familiar from recent discussions. Specifically, I discuss three such requirements: (i) possession of legally protected status, (ii) a sense of one’s own self-worth, and (iii) a capacity for critical reflection. I argue that the proposed account is not only theoretically satisfying but also yields a rich and attractive conception of autonomy. (shrink)

In this book chapter, Moya argues that recognizing, indeed mobilizing, identities in the classroom is a necessary part of educating for a just and democratic society. Only a truly multi-perspectival, multicultural education can create the conditions needed to alter the negative identity contingencies that minority students commonly face, while creating opportunities for all students. By treating identities as epistemic resources and mobilizing them, we can draw out their knowledge-generating potential and allow them to contribute positively to the production and transmission (...) of knowledge. (shrink)

Having positive experience is, by defintion, in the interest of every subject. Whether being alive per se, in addition to having positive experiences, is in a subject's interest depends of her/his cognitive development. Only a reflectively self-conscious subject can take and thus have an interest in one's own individual existence and may not want to die regardless of the expected experience. Since most non-human subjects (except for a few mammalian and avian species) are not aware of their subjective existence they (...) cannot take and thus have interest in their lives per se. However, they do have interest in maximizing rewarding experience and minimizing suffering. (shrink)