A just cause for war is a type of wrong that may make those responsible for it morally liable to military attack as a means of preventing or rectifying it. This claim has implications that conflict with assumptions of the current theory of just war.

Scholars exploring the logic of Rousseau's voting rules have typically turned to the connection between Rousseau and the Marquis de Condorcet. Though Condorcet could not have had a direct influence on Rousseau's arguments about the choice of decision rules in "Social Contract," the possibility of a connection has encouraged the view that Rousseau's selection of voting rules was based on epistemic reasons. By turning to alternative sources of influence on Rousseau--the work of Hugo Grotius and particularly that of Samuel Pufendorf--a (...) moral, and not purely epistemic, logic of rules governing collective decision making emerges. For Rousseau, as for Pufendorf, the proper choice of voting rule can elicit the appropriate attitude of an individual with respect to the decision of the whole, and can support the morally significant activity of acknowledging error upon discovering that one has voted against the general will. (shrink)

Survey of different definitions of lying and deceiving, with an emphasis on the contemporary debate between Thomas Carson, Roy Sorensen, Don Fallis, Jennifer Saul, Paul Faulkner, Jennifer Lackey, David Simpson, Andreas Stokke, Jorg Meibauer, Seana Shiffrin, and James Mahon, among others, over whether lies always aim to deceive. Related questions include whether lies must be assertions, whether lies always breach trust, whether it is possible to lie without using spoken or written language, whether lies must always be false, whether lies (...) that are unsuccessful are still lies, and whether deception must aim at creating false beliefs as opposed to preventing people from acquiring true beliefs. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

People evolved as part of an ecosystem, making use of the Earth’s bounty without reflection. Only when our ancestors developed the capacity for moral agency could we begin to reflect on whether we had taken in excess of our due. This outlines a ‘green libertarianism’ in which our property rights are grounded in fundamental ecological facts. It further argues that it is immune from two objections levelled at right- and left- libertarian theories of acquisition: that Robert Nozick, without justification, divided (...) people into those who were able to acquire unowned resources, and those would could not; and, that left-libertarian attempts, such as Hillel Steiner’s, to separate choice from circumstance cannot account for the fact that not only people’s decisions to have children, but even their decisions to continue living, affect people’s entitlements to use the natural world. (shrink)

In the Leviathan, power can be understood in two different senses, which are carefully discriminated in its Latin version by the use of the terms potentia and potestas to translate, depending on the context and the type of power concerned, the English power. Potentia and potestas, although types of power of a different nature – one, the physical power that bodies have to take effect on each other; the other, the juridical power, out of which legal effects as justice itself (...) come about –, are mutually implicated in the intertwining of juridical representations. This article aims to explore the consequences that follow from this ambivalent concept of power to think about justice and natural right. (shrink)

David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its relation to an alleged (...) "duty to retreat" misinterpret the law, and a correct interpretation of the law is not only compatible with, but implies a permission to resist the "bloodless invader," and this is also the correct view from the perspective of morality. Second, Rodin's remarks on the proportionality of self-defense against conditional threats focus on physical or material harm but implausibly ignore the severity of the violations of autonomy and of the socio-legal or moral order that such conditional threats involve. Third, I will address Rodin's claim that defensive wars against "political aggression" are disproportionate because they risk the lives of those defended in an attempt to secure lesser interests. I will argue that this take on proportionality misses the point in an important respect, namely by confusing wide and narrow proportionality, and makes unwarranted assumptions about the alleged irrationality or impermissibility of incurring or imposing lethal risks to safeguard less vital interests. Next, I will also show that while Rodin talks of a "myth of national self-defense" and of the necessity of moving beyond traditional just war theory and international law, it is actually his interpretation of just war theory and international law that weaves myths. Finally, I will argue that Rodin's views on national self-defense on the one hand, and "war as law enforcement" on the other, are incoherent. (shrink)

Following Hugo Grotius, a distinction is developed between private and public war. It is argued that, contrary to how most contemporary critics of the moral equality of combatants construe it, the just war tradition has defended the possibility of the moral equality of combatants as an entailment of the justifiability of public war. It is shown that contemporary critics of the moral equality of combatants are denying the possibility of public war and, in most cases, offering a conception of just (...) war as exclusively private war. The work of Jeff McMahan is used to exemplify this. Against these contemporary critics, it is argued that the reasons McMahan and others offer against the possibility of the moral equality of combatants undermine not only public war but also the possibility of fully realized and effective political authority. (shrink)

In this essay, Denike assesses the appropriation of international human rights by humanitarian law and policy of "security states." She maps representations of the perpetrators and victims of "tyranny" and "terror, " and their role in providing a "just cause" for the U.S.–led "war on terror. " By examining narratives of progress and human rights heroism Denike shows how human rights discourses, when used together with the pretense of self-defense and preemptive war, do the opposite of what they claim—entrenching the (...) sovereignty of Western imperialist states while eroding the conditions necessary for the recognition of the human rights of others. (shrink)

As a leading judge of seventeenth century Scotland, Viscount Stair (1619−1695) was a significant public figure in the immediate period before the Scottish Enlightenment. Indeed, he offers a vital but often overlooked insight into the intellectual life of Scotland during his lifetime. However, as Stair never published anything specifically on moral philosophy, this article asks if it is possible to reconstruct a moral theory on his behalf based on his printed legal and theological works. On the assumption that this is (...) feasible, this article examines how Stair’s moral theory relates to the Scottish variant of natural jurisprudence. In response to these questions, the analysis offered here argues that one can constructure answers to central questions of moral philosophy from Stair’s printed works, and further that it is possible to classify his moral theory as an early example of Scottish natural jurisprudence. Although there are acknowledged challenges in reconstructing his moral theory, it is suggested by the argument below that, to fully grasp the intellectual life of seventeenth century Scotland, we may need to engage more deeply with the theological works of seventeenth century Scots as well as adopt resourceful methods to build a picture of seventeenth century ideas relating to morality. (shrink)

Some say that consent is essentially just a state of mind. Others say it is essentially just a communication. Many say it is both. I say it is neither. Instead it is an act, or rather a pair of acts—an internal mental act in the first instance, an external performative act in the second. Each of those acts is an act of commitment, intrapersonally in the first case and interpersonally in the second. The content of the commitment is, familiarly enough, (...) to give permission to someone else to do something that it would be wrong for them to do without your permission. The novelty lies in seeing consent as an act of commitment in those two dimensions and in seeing those as commitments that persist until and unless undone by an act of a similar sort. (shrink)

This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought about by an act of the (...) general will. By contrasting these two views, I aim to illuminate one of the main features of Kant’s theory of property, namely, that ownership rights are only possible in a rightfully constituted state. I conclude with a suggestion regarding Kant’s view of the notion of ‘provisional’ possession in the state of nature. (shrink)

In this article, I examine two competing republican ideals of a free society of equals in the eighteenth century. I claim that while the value of nondependency was central to the economic outlooks of both Adam Smith and Richard Price, their evaluations of free-market practices were dramatically distinct. In doing so, I introduce a new interpretation of the typologies of republicanism in the eighteenth century.

It is morally impossible, Locke argued, for individuals to consensually establish absolute rule over themselves. That would be to transfer to rulers a power that is not ours, but God’s alone: ownership of our lives. This article analyses the conceptual presuppositions of Locke’s argument for the moral impossibility of self-enslavement through a comparison with other classical social contract theorists, including Grotius, Hobbes and Pufendorf. Despite notoriously defending the permissibility of voluntary enslavement of individuals and even entire peoples, Grotius similarly endorsed (...) divine ownership of human life. He could do so coherently, we show, because he denied that despotic power gives rulers rights in the lives of their subjects. Masters do not own slaves in the way we own material things. Reworking received Roman law categories, Grotius maintained that ‘perfect slavery’ consists in masters having a personal right to the slave’s perpetual service; a condition equivalent to what Locke called ‘drudgery’ and deemed permissible. Our analysis of this unpalatable set of ideas reveals that Locke’s argument is premised upon idiosyncratic conceptions of slavery and absolutism, disavowed by prominent defenders of absolutism in the classical social contract tradition. It is hence less powerful than commonly believed. (shrink)

Guest Editor's Introduction to a special issue of the Journal of Scottish Philosophy exploring 'New Perspectives on Hutcheson's Moral Philosophy'. The purpose of the special issue is to explore aspects of Hutcheson’s moral philosophy that have not received a great deal of attention in the past and to thereby illustrate that his contributions to the history of ethics are far richer than the current secondary literature suggests.

In this article I argue that Hutcheson has a theory of obligation that is different in important ways from the views of his predecessors and that his theory may not be as problematic as critics have claimed. In section (I) I sketch a brief picture of the rich conceptual landscape surrounding the concept of obligation in the Early Modern period. I focus on the five figures Hutcheson explicitly references: Hugo Grotius, Samuel Pufendorf, their French translator and commentator Jean Barbeyrac, as (...) well as G. W. Leibniz and Richard Cumberland. In section (II) I offer an account of Hutcheson’s theory of obligation and illustrate that not only does Hutcheson have a view on what previous figures called the source, end, and object of obligation, he also focuses on the epistemological question of the origin of our idea of obligation as opposed to the metaphysical question of the efficient cause of obligation. Furthermore, although Hutcheson shares with his predecessors the idea that obligation implies a certain kind of necessity, he conceives of this necessity in a unique way, namely in terms of the necessity of a perception. In section (III) I defend Hutcheson’s theory of obligation against three objections: 1. that it makes a sham of obligation by locating its source within the human being, 2. that it is reducible to divine command theory, and 3. that, in the end, Hutcheson has no real or meaningful theory of obligation. My hope is that, at the very least, appraising these objections helps further clarify the theory of obligation that Hutcheson presents in his works. (shrink)

There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements (...) like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned. (shrink)

The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various prima facie surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, (...) an argument against promissory bare wrongings, and a constraint on theories of why we have promissory obligations at all. (shrink)

Cities are mysteriously attractive. The more we get used to being citizens of the world, the more we feel the need to identify ourselves with a city. Moreover, this need seems in no way distressed by the fact that the urban landscape around us changes continuously: new buildings rise, new restaurants open, new stores, new parks, new infrastructures… Cities seem to vindicate Heraclitus’s dictum: you cannot step twice into the same river; you cannot walk twice through the same city. But, (...) as with the river, we want and need to say that it is the same city we are walking through every day. It is always different, but numerically self-identical. How is that possible? What sort of mysterious thing is a city? The answer, I submit, is that cities aren’t things. They are processes. Like rivers, cities unfold in time just as they extend in space, by having different temporal parts for each time at which they exist. And walking though one part and then again through another is, literally, walking through the same whole. (shrink)

Historians of science and religion have given little attention to how historical‐critical scholarship influenced perceptions of the relationship between science and religion in the nineteenth century. However, the so‐called “cofounders” of the “conflict thesis,” the idea that science and religion are fundamentally and irrevocable at odds, were greatly affected by this literature. Indeed, in his two‐volume magnum opus, A History of the Warfare of Science with Theology in Christendom (1896), Andrew D. White, in his longest and final chapter of his (...) masterpiece, traced the development of the “scientific interpretation” of the Bible. In this article, I argue that developments in biblical criticism had a direct impact on how White constructed his historical understanding of the relationship between science and religion. By examining more carefully how biblical criticism played a significant role in the thought of White and other alleged cofounders of the conflict thesis, this article hopes to relocate the origins, development, and meaning of the science–religion debate at the end of the nineteenth century. (shrink)

Cian O’Driscoll’s Victory: The Triumph and Tragedy of Just War covers a vast range of materials, discussing the idea of victory and its relationship to just war theory. The idea of victory raises s...

Collection of papers presented at the 2nd and 3rd Budapest Seminar in Early Modern Philosophy.

The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...) depend on others. That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’. (shrink)

It is morally impossible, Locke argued, for individuals to consensually establish absolute rule over themselves. That would be to transfer to rulers a power that is not ours, but God’s alone: owner...

In a recent article, Krauss (2017) raises some fundamental questions concerning (i) what the desiderata of a definition of lying are, and (ii) how definitions of lying can account for partial beliefs. This paper aims to provide an adequate answer to both questions. Regarding (i), it shows that there can be a tension between two desiderata for a definition of lying: 'descriptive accuracy' (meeting intuitions about our ordinary concept of lying), and 'moral import' (meeting intuitions about what is wrong with (...) lying), vindicating the primacy of the former desideratum. Regarding (ii), it shows that Krauss' proposed 'worse-off requirement' meets neither of these desiderata, whereas the 'comparative insincerity condition' (Marsili 2014) can meet both. The conclusion is that lies are assertions that the speaker takes to be more likely to be false than true, and their distinctive blameworthiness is a function of the extent to which they violate a sincerity norm. (shrink)

This 183-page introductory part of my dissertation is an overview of some key debates in philosophical moral psychology and its methodology.

By virtue of the Antarctic Treaty, signed in 1959, the territorial claims to Antarctica of seven of the original signatories were held in abeyance or “frozen.” Considered by many as an exemplar of international law, the Antarctic Treaty System has come to be increasingly questioned, however, in a very much changed global scenario that presents new challenges to the governance of the White Continent. In this context, it is necessary to gain a clearer understanding of the moral weight of those (...) initial claims, which stand as a cornerstone of the treaty. The aim of this article is to offer an appraisal of such claims, which may be divided into two main kinds: those grounded on some relevant link to the territory, and those grounded on official documents and geographical doctrines. After pointing to the limitations and challenges that they face, I conclude with some remarks about how this assessment ought to serve as a starting point to rethink the territorial status of Antarctica. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...) shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

Hostages have become an important political and security issue in the context of conflicts in the Middle East and in Africa. The work of Marcel Mauss helps us to shed a new light on this phenomenon, which today is portrayed in negative terms as a major violation of fundamental universal rights such as the right to liberty. In The Gift, however, Mauss refers to the granting of hostages as “acts of generosity.” In line with Mauss’ approach, I consider hostageship as (...) a “total social phenomenon,” combining politics, law, and economics, in both domestic and global settings, which reveals structural political and social questions that need to be addressed. The article highlights the role that hostages fulfilled as “gifts” in premodern international relations when hostages were granted and not taken as they are today. I underline the role they notably performed as elements of proto-diplomacy. I show the reasons why the function of hostages has changed over time by underlining the importance of the later Middle A... (shrink)

The paper contrasts Kant's conception of original common possession of the earth with Hugo Grotius's superficially similar notion. The aim is not only to elucidate how much Kant departs from his natural law predecessors—given that Grotius's needs-based framework very much lines in with contemporary theorists’ tendency to reduce issues of global concern to questions of how to divide the world up, it also seeks to advocate Kant's global thinking as an alternative for current debates. Crucially, it is Kant's radical shift (...) in perspective—from an Archimedean ’view from nowhere‘, to a first-personal standpoint through which agents reflexively recognise their systematic interdependence in a world of limited space—that provides him with the more thorough and ultimately convincing global standpoint. This standpoint does not come with ready-made solutions to shared global problems, but provides a promising perspective from which to theorise them. (shrink)

ABSTRACT Following recent scholarship, this article investigates the relationship among Adam Smith's lectures on rhetoric and belles lettres, his Wealth of Nations, the Theory of Moral Sentiments, and his lectures on jurisprudence. According to Smith, the rhetorical theory regarding genre and style improves practical judgment that is central to both economic and legal affairs. Though Smith's lectures on rhetoric feature no overt mention of these legal or commercial applications, when we read these lectures alongside his lectures and writings on jurisprudence (...) and economics, we see that Smith had developed numerous applications for the practical judgment that he taught his students when, under his guidance, they analyzed literary texts. Noting the interrelation among Smith's work on rhetoric, law, and economics allows us to see that others in the Scottish Enlightenment, such as Hugh Blair and Henry Home Lord Kames, similarly found connections among jurisprudence, political economy, and rhetorical theory. (shrink)

As engineers propose constructing humanlike automata, the question arises as to whether such machines merit human rights. The issue warrants serious and rigorous examination, although it has not yet cohered into a conversation. To put it into a sure direction, this paper proposes phrasing it in terms of whether humans are morally obligated to extend to maximally humanlike automata full human rights, or those set forth in common international rights documents. This paper’s approach is to consider the ontology of humans (...) and of automata and whether ontological difference between them, that pertains to the very bases of human rights, affects the latter’s claims to full human rights. Considering common bases of human rights, can these bases tell us whether a certain ontological distinction of humans from automata—or a de facto distinction about humans tacitly acknowledged by full-rights-recognizing societies—makes a difference in whether humans are morally obligated to assign these entities full rights? Human rights to security also arise. The conclusion is that humans need not be under any moral obligation to confer full human rights on automata. The paper’s ultimate point is not to close the discussion with this ontological cap but to set a solid moral and legal groundwork for opening it up tout court. (shrink)

In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...) contractual slavery propounded in the Enlightenment and their offspring expounded in recent writings, including those by Barnett, Cassirer, Ellerman, Rawls, Roberts-Thomson, Satz and Steiner. I show that they involve confusions between abilities and rights, free will and freedom, directing and doing, what may be true sequentially and what may be true simultaneously, default rights and universal rights, impermissibility and impossibility, and metaphorical and literal uses of language. (shrink)

This paper first argues that a state can justifiably fight a hopeless war of self-defense when its enemy determines to massacre its people after it surrenders or is defeated. The main reason is that, in this situation, even if the victim state surrenders, it still has to suffer from harms that are similar to or worse than the harms involved in fighting a hopeless war. This paper then discusses some complicated issues raised by applying this argument to various situations in (...) which the victims of war and the victims of massacre are not identical. I argue that, when the victims of massacre are randomly chosen, the victim state can justifiably fight such a war. When the victims of massacre belong to a specific group of people, the victim state should not fight such a war, even though the victims of massacre can defend themselves. This paper finally comments on an alternative approach to addressing the same issue. (shrink)

It is commonly assumed that the pre-codified, customary law of war had little true influence on the decisions or behavior of combatants in the western world. Evaluating this assumption concerning the custom (or norm) of the giving of quarter to enemy combatants in the Texas War of Independence of 1835--1836, this paper finds a strong and widely accepted norm on this subject already by the early 19th century, which exerted significant influence on the behavior in and the results and consequences (...) of the war. The following of this custom of war by the Texian Army, on the one hand, and its intentional and preplanned breaking by the Mexican army headed by Santa Anna for the supposed military and psychological benefits that would accrue from it, on the other, such as in the cases of the Alamo and Goliad, led to severe internal and external consequences for the Mexican side in the short and long term that greatly contributed to their failure to achieve their objectives and to the Texian success in achieving theirs. These consequences indicate the importance of the norms of warfare, even in the pre-codification era, and the major potential costs involved in their breaking or disregard by decision makers. (shrink)

: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable rights. Our (...) second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

War can be defined as organized political violence among two or more nations. In accordance with the purpose, processes and results of war, the ethics of war generally comprises three aspects: right ethics, action ethics and duty ethics. The most important issue in ethics of war is “justice”. “Justice” and “injustice” as a conceptual pair do not prescribe the objective character of war but rather convey a subjective attitude and ethical position that have the potential to compel a populace to (...) either support or oppose a war. (shrink)

In this paper I argue that Leibniz's ethics is a kind of virtue ethics where virtues of the agent are explanatorily primary. I first examine how Leibniz obtained his conception of justice as a kind of love in an early text, Elements of Natural Law. I show that in this text Leibniz's goal was to find a satisfactory definition of justice that could reconcile egoism with altruism, and that this was achieved through the Aristotelian virtue of friendship where friends treat (...) each other as “other selves.” Following this decisive moment, Leibniz adopted an Aristotle‐inspired ethical framework where the virtuous agent is central for moral evaluations. I then show that, despite certain developments, Leibniz's ethics retained this essential feature throughout his career. In Leibniz's later writings, God constitutes the foundation of the moral realm, and the fundamental moral endeavor of human beings consists in the imitation of God. (shrink)

The authors of the article aim to show the ideological and historical origins of the idea of a social contract, as well as the fundamental difference between the modern version of the social contract and its historical predecessors. By distinguishing between the synodal and contractual principles of integration, the authors conclude that the social contract is not a purely modern political idea. The contractual principle as the basis of the organization and legitimization of power was systematically developed already in the (...) XIII-XIV centuries, taking the form of a socio-political program in the theory of the cathedral governance of the church. In contrast to medieval concepts, the modern social contract is not a consequence of God's established order, but the will of human individuals. Due to this determination of will, individuals limit their natural freedom for the sake of the possibility and good of common existence. (shrink)

Normative powers like promising allow agents to effect changes to their reasons, permissions and rights by the means of communicative actions whose function is to effect just those changes. An attractive view of the normativity of such powers combines a non-reductive account of their bindingness with a value-based grounding story of why we have them. This value-based view of normative powers however invites a charge of wishful thinking: Is it not bad reasoning to think that we have a given power (...) because it would be good? In this article, I offer a defence of the value-based view of normative powers against this surprisingly under-discussed objection. First, I clarify the challenge by distinguishing between two components of normative powers, which I call the material and normative components, respectively. Secondly, I defend the form of normative explanation involved, showing that it is needed to give convincing value-based explanations for other important normative phenomena, especially rights of autonomy. (shrink)

Peace plays a central role in the ethics of war and peace, but this proves to be an enormous challenge. In a recent article, Elisabeth Forster and Isaac Taylor grapple with this important topic. They argue that certain concepts in just war theory—aggression, legitimacy, and peace—are essentially contested and susceptible to manipulation. Because the rules are interpreted and applied by the very states that wage war, it is as if the fox is asked to guard the chicken coop—a recipe for (...) disaster. To avoid manipulation of the theory and make the goal of peace attainable, they defend “minimalism” in the ethics of war and peace. This paper responds to and builds on their article. After nuancing the analysis, I will argue that their minimalism does not solve the problem since the proposed alternative concept is equally prone to misuse, and that their minimalism is mistargeted. What I propose is to specify and ground the rules of war without raising the standard too high, to disentangle jus ad bellum and jus post bellum and see peace as guiding principle for jus post bellum, and to interpret that in a minimalist way. (shrink)

The legislature and the judiciary have been a constant focus of contemporary political philosophy. However, the executive – ‘the government’ itself – has been comparatively neglected. Today, this is changing with a well-spring of new work that bears upon what we might call the ideal of ‘good governance’, that is, how governments (and/or their agents) should exercise their powers. This review paper begins by clarifying the concepts of ‘governance’ and ‘good’ governance (§1). It then highlights five sets of values, working (...) nominally from the most foundational constraints on the exercise of government power to those that should guide the exercise of discretion: legitimacy and rule of law (§2); respect and trustworthiness (§3); efficiency and rationality (§4); public participation and accountability (§5); and the public interest and fiduciary duties (§6). (shrink)

The idea of sociability - a person’s disposition and ability to communicate and live in the community - goes through the whole history of philosophy. Due to the peculiarity of translations, this term and the whole tradition related to it have been lost to the Russian reader. The article discusses some tendencies in comprehending the idea of sociability in early modern moral philosophy. The key to this consideration is F. Hutcheson’s essay On the Natural Sociability of Mankind, the title of (...) which contains the very term “sociability” and which presents the main essential points in a discussion of the issue in the first third of the 18 th century. One can distinguish two main approaches to the problem. According to one of them, sociability determined by various human natural needs is the basis of social relations, and a person becomes a moral agent as a social being (H. Grotius, T. Hobbes, S. Pufen-dorf, B. Mandeville). According to another approach, sociability is a manifestation of a person’s natural tendency to care for the good of others, and its consistent implementation leads to the formation of community and supports its stability (Cambridge Platonists, Shaftesbury, Hutcheson, J. Butler, D. Hume, A. Smith). Representatives of both approaches recognized contradiction in manifestations of sociability or in its nature. I. Kant theoretically overcame the confrontation between these approaches and conceptualized the contradiction and associated it with the human nature. According to Kant, the “unsociable sociability” is given in the fact that a person has a tendency to sociability but also a tendency to self-assertion at the expense of others. However, despite the presence of asocial features (evil principle), Kant considered the person’s inherent sociability (good principle) as a prerequisite for culture and as one of the most important conditions of possibility of morality. (shrink)

This article concerns John Gay’s 1731 essay ‘Preliminary Dissertation Concerning the Fundamental Principle of Virtue or Morality’. Gay undertakes two tasks here, the first of which is to supply a criterion of virtue. I argue that he is the first modern philosopher to claim that universal happiness is the aim of moral action. In other words: Gay is the first utilitarian. His second task is to explain the source of moral motivation. He draws upon the principles of association to argue (...) (a) that we develop benevolent motives by associating the idea of our happiness with that of others and (b) that we come to approve of benevolence by recognizing that our happiness is inextricably connected with the general happiness. While some scholars have taken an interest in Gay’s essay, a sustained treatment of its contents does not exist, despite its acknowledged influence on Hume, Hartley, James Mill, and John Stuart Mill. (shrink)