Prisoners involved in the Attica rebellion and in the recent Georgia prison strike have protested their dehumanizing treatment as animals and as slaves. Their critique is crucial for tracing the connections between slavery, abolition, the racialization of crime, and the reinscription of racialized slavery within the US prison system. I argue that, in addition to the dehumanization of prisoners, inmates are further de-animalized when they are held in conditions of intensive confinement such as prolonged solitude or chronic overcrowding. To be (...) de-animalized is to be treated not as a living being who is sustained by its mutual relations with other living and nonliving beings, but rather as a thing to be warehoused and/or exchanged for a profit. The violence of de-animalization affects both human and nonhuman animals held in control prisons, factory farms, laboratories and other sites of intensive confinement. In order to make the connections between these sites, and to develop forms of solidarity appropriate to our shared animality, we need a post-humanist critique of intensive confinement that breaks with the logic of opposition between human and animal, and articulates our constitutive relationality as (inter)corporeal beings. (shrink)

Sami Pihlström argues in his “Ethical Unthinkabilities and Philosophical Seriousness” that there are some philosophical views that are so dangerous that we should not discuss them. He advances this argument with special reference to my (anti-natalist) view that being brought into existence is always a serious harm. In response I argue: (a) that there are major flaws in his argument for the conclusion that we should not think about (purportedly) unthinkable views; and (b) that my views about the harm of (...) coming into existence are in any event neither unthinkable nor dangerous. (shrink)

Reading Hegel's 1827 Lectures on the Philosophy of Religion alongside his Phenomenology of Spirit, I argue that his vision for becoming a self-conscious subject-or seeing (oneself as) "spirit"-requires taking responsibility for the insight that every act of reason expresses an experience of sexual difference. It entails working to bring into being communities whose conceptions of gender and the absolute realize this idea.

The most valuable political theoretical contribution made by Marx's idea of socialism is towards the resolution of the seeming opposition of mass democracy and rational government. Marx follows Hegel's redefinition of political rationalization as the actualization of the nascent self?consciousness of the existing ethical world when he uses socialism as a statement of those tendencies of bourgeois society that will create the perspectives of social awareness that allow mass democracy. This thesis is made against aspects of the interpretation of Marx's (...) relation to Hegel in Bolshevik political theory. I claim that the Bolshevik idea of socialism as the militant political intervention of the dictatorship of the proletariat develops, through Engels, a position taken with respect to Hegel's philosophy of right in Marx's Rhenish Journal articles. This idea is, however, pre?Hegelian in the sense that it is open to a democratic criticism based on the philosophy of right understood in an alternative fashion. In his writings after leaving the Rhenish Journal and up to the Economic and Philosophical Manuscripts Marx makes this alternative available, and the notion of socialism he arrives at here turns on an awareness of the contradictions which make the militant political imposition of freedom impossible. Whereas for Bolshevism socialism is to be imposed on existing society, for Marx it is more the development within that society that makes possible mass democratic freedom. (shrink)

I offer a critical exposition and reconstruction of Michael Oakeshott's views on natural science. The principal aim is to enrich Oakeshott's modal schema by throwing light on it in terms of its internal consistency and by bringing to bear on it recent developments in philosophy in general and the philosophy of science in particular. The discussion brings out the special place reserved for philosophy, the crucial tenet of the separateness of these modes seen as Leibnizian monads as well as the (...) special status allowed to science. It considers the possibility of combining one moment of philosophical thinking, namely ethics, with science in the midst of such modal separateness. I first offer a general introduction of how to approach Oakeshott's views on science. The next section stresses philosophy and its relation to science. This is followed by an elaboration of what the modes of experience are meant to be and how science is placed among them. An examination of Oakeshott's more particular views on science concludes the essay. (shrink)

The significance of German Romantic and Hegelian philosophy for educational practice is not attended to as much as it deserves to be, both as a matter of historical interest and of current importance. In particular, its role in shaping the thought of John Dewey, whose educational philosophy is of seminal importance for discussions on education for citizenship, is of considerable interest, as recent work by Jim Garrison (2006) and James Good (2006; 2007) has shown. This article focuses on the Hegelian (...) concepts of Bildung and Sittlichkeit in order to consider how they may illuminate the purpose and practice of education for citizenship through a conceptualisation of the relationship of individual to society, and, specifically, through the idea of cultural induction. The discussion takes as its principal reference point the Scottish policy context. (shrink)

: This paper may be read as a reclamation project. It argues, with Simone de Beauvoir, that patriarchal marriage is both a perversion of the meaning of the couple and an institution in transition. Parting from those who have given up on marriage, I identify marriage as existing at the intersection of the ethical and the political and argue that whether or not one chooses marriage, feminists ought not abandon marriage as an institution.

This paper may be read as a reclamation project. It argues, with Simone de Beauvoir, that patriarchal marriage is both a perversion of the meaning of the couple and an institution in transition. Parting from those who have given up on marriage, I identify marriage as existing at the intersection of the ethical and the political and argue that whether or not one chooses marriage, feminists ought not abandon marriage as an institution.

: This article presents Irigaray as a philosopher committed to sociopolitical change by discussing her political thought and her engagement with the European Parliament. It traces her recent work with the ex-Communist Party in Italy back to her early critique of Marx and her subsequent attraction to Hegel's civil definition of the person. The failure of her European Parliament initiative suggests that her thinking is in advance of its possible realization.

This article presents Irigaray as a philosopher committed to sociopolitical change by discussing her political thought and her engagement with the European Parliament. It traces her recent work with the ex-Communist Party in Italy back to her early critique of Marx and her subsequent attraction to Hegel's civil definition of the person. The failure of her European Parliament initiative suggests that her thinking is in advance of its possible realization.

: Our stereotypes of maternity and paternity as manifest in the history of philosophy and psychoanalysis interfere with the ability to imagine loving relationships. The associations of maternity with antisocial nature and paternity with disembodied cul-ture are inadequate to set up primary love relationships. Analyzing the conflicts in these associations, I reformulate the maternal body as social and lawful, and I re-formulate the paternal function as embodied, which enables imagining our primary relationships as loving.

Our stereotypes of maternity and paternity as manifest in the history of philosophy and psychoanalysis interfere with the ability to imagine loving relationships. The associations of maternity with antisocial nature and paternity with disembodied culture are inadequate to set up primary love relationships. Analyzing the conflicts in these associations, I reformulate the maternal body as social and lawful, and I reformulate the paternal function as embodied, which enables imagining our primary relationships as loving.

: Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resis-tance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resistance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

Guthrie contends that religion can best be understood as systematic anthropomorphism - the attribution of human characteristics to nonhuman things and events. Religion, he says, consists of seeing the world as human like. He offers a fascinating array of examples to show how this strategy pervades secular life and how it characterizes religious experience.

Despite the enormous growth in happiness research in recent decades, there remains a lack of consistency in the use of the terms happiness, satisfaction, contentment and well-being. In this article I argue for a sociologically grounded distinction between happiness and contentment that defines the former as positive affect and the latter as positive reflection. Contentment is therefore understood as a fulfilling relationship with the self and society and happiness involves pleasurable experiences. There is a history of similar distinctions in philosophy (...) and psychoanalysis, but much of the contemporary discourse fails to distinguish between individual and collective definitions of happiness. This article will argue that happiness and contentment ought not to be treated as competing approaches to the good life, but as complimentary forms of emotional experience. Further, I argue that the current interest in happiness can be linked to larger culture shifts involving neoliberalism and individualism. (shrink)

This paper argues that the positive allocative decisions paradigmatically carried out by the application of legal rules are a necessary condition for arguments about particular justice (i.e., distributive and commutative justice) to make sense. If one shifts the focus from the distinction between distributive and commutative justice to what the two aspects of particular justice are for, namely, providing criteria to judge the allocation of goods, it becomes clear that the distinction is conceptually unstable. The paper argues that stabilizing the (...) distinction is worthwhile and that this can only be accomplished by the introduction of positive allocation schemes. (shrink)

Kant identifies the “highest moral-physical good” as that combination of “good living” and “true humanity” which best harmonises in a “good meal in good company”. Why does Kant privilege the dinner party in this way? By examining Kant’s accounts of enlightenment, cosmopolitanism, love and respect, and gratitude and friendship, the answer to this question becomes clear. Kant’s moral ideal is that of an enlightened and just cosmopolitan human being who feels and acts with respect and love for all persons and (...) such an ideal is temporarily manifested in the sort of social interaction achievable at a good dinner party. (shrink)

Originally known for his groundbreaking work in literary studies, the Bulgarian-born French scholar Tzvetan Todorov (1939-2017) was one of the world's foremost cultural theorists. His interventions cover an astounding range of topics, from narratology to ethics, from painting to politics, and from the Enlightenment to current affairs. Written by an international team of experts, this volume - the first-ever comprehensive examination of Todorov as a cultural critic - discusses the crucial elements of his work as well as his place in (...) European thought. (shrink)

Through a re-reading of Antigone, I offer a critique of Hegel's use of the story to illustrate the unity which emerges from the representation of sexual difference in ethical life. Using Hegel's own account of habits, as the mechanism by which the body becomes a sign of the self, I argue that the pretense of social unity assumes the proper construction and representation of one body only. This critique is brought to bear upon contemporary moves towards a post-Hegelian ethics of (...) difference. (shrink)

I develop two different epistemic roles for emotion and desire. Caring for moral ends and people plays a pivotal though contingent role in ensuring reliable awareness of morally salient details; possession of various emotions and motives is a necessary condition for autonomous understanding of moral concepts themselves. Those who believe such connections compromise the "objective" status of morality tend to assume rather than argue for the bifurcated conception of reason and affect this essay challenges.

This article argues that corporate law has become the legal platform upon which is erected a social process impeding society’s capacity to lucidly reflect on its primary ends; in this sense, corporate law is in conflict with social autonomy. This process is described here as a social feedback loop, in the structural centre of which lies the corporation which imposes its own purpose as an irrational social end, i.e. irrespective of its potentially catastrophic social consequences. The article argues that resolving (...) the conflict between corporate law and social autonomy is impossible, because it presupposes a change of social paradigm towards one where corporate law as business organisation law has no obvious fit. This questions the social legitimacy of corporate law, signifies its non-permanence and thus opens up the field for seeking radical alternatives in the future. (shrink)

Thomas Piketty has offered, and many have desperately snatched at,The General Theory of Employment, Interest and Moneyof our epoch. Piketty’s affinity with John Maynard Keynes and his groundbreaking 1936 landmark is largely unreflexive. But the ties that bind him to Keynes are powerful, and manifest themselves at many levels inCapital in the Twenty-First Century. The epistemology, the political stance, the methodological commitments, and the politics resonate in imperfect but remarkable harmony. This is no accident, because the world in which Piketty’s (...) book appeared is saturated with the specifically capitalist form of anxiety that Keynes sought to diagnose, and fix, the last time it made the richest economies in the world tremble. (shrink)

A conception of the person as a subjective being plays a crucial, though frequently overlooked, role in the justification of unequal property in liberal theories. Unger's ascription of individualism to general liberal legal theory can be concretely defended with respect to liberal theories of property. Identifying a common fundamental structure calls in question the conventional view that the liberal legal theories rest on an ensemble of different moral foundations. So important is subjective personality to the moral basis for highly unequal (...) property that such property looks to be morally untenable if this concept of the person is invalid. The analysis points to social theory of personality as a major direction for research into an alternative theory of egalitarian property right. (shrink)

In the history of liberal theories of property, the predominant model deduces a right to highly unequal amounts of property from a premise that the person is primarily independent and self‐determined. But modem social theory, communitarianism and critical legal theory have generated strong support for an alternative premise of social self‐determination of the person. These theories have not, however, adequately explored the logical implications of social personality for the justifiable degree of equality of income under property right. This study reasons (...) a right to some significant equalization of income from a premise that the individual is socially self‐determined. The supporting argument develops a different concept of social personality than found in prevailing social and communitarian theories. With regard to property, it is particularly important to conceptualize the formation of the individual by and within the system of economic relations. The personological premises are also developed differently from Marx's analysis, which overemphasizes the production side of the economy. The present analysis examines the individual in the consumption side as well. But in contrast to the subjective‐individualist conception of the consumer in neoclassical economic theory, we will utilize a conception of socially self‐determined consumer wants and self‐seeking. This social‐personological premise proves to have strong egalitarian implications for the distribution of income under property rights. (shrink)

This paper offers a genealogy of anti-polygamy sentiment in North America, elucidating certain racist and nationalist formations that are implicit in the historical valorization and enforcement of heterosexual monogamy. It tracks the white supremacist and heteronormative logic that conditions the widespread disdain toward polygamy, and that renders it fundamentally different from familial configurations that are associated with national identity. Relating political and philosophical doctrines to the archival documentation and insights of contemporary legal and cultural historians of anti-polygamy sentiment, it elucidates (...) the racial Anglo-Saxonism of Hegel's ruminations on marriage and on the state, and highlights its reverberation within the political philosophy that justified the criminalization of polygamy and its supporting institutions in the nineteenth century and in contemporary immigration policy and same-sex marriage advocacy in Canada and the United States. (shrink)

Abstract.I offer a critical exposition and reconstruction of Michael Oakeshott's views on natural science. The principal aim is to enrich Oakeshott's modal schema by throwing light on it in terms of its internal consistency and by bringing to bear on it recent developments in philosophy in general and the philosophy of science in particular. The discussion brings out the special place reserved for philosophy, the crucial tenet of the separateness of these modes seen as Leibnizian monads as well as the (...) special status allowed to science. It considers the possibility of combining one moment of philosophical thinking, namely ethics, with science in the midst of such modal separateness. I first offer a general introduction of how to approach Oakeshott's views on science. The next section stresses philosophy and its relation to science. This is followed by an elaboration of what the modes of experience are meant to be and how science is placed among them. An examination of Oakeshott's more particular views on science concludes the essay. (shrink)

ArgumentContrary to common portrayals of social Darwinism as a transference of laissez-faire values, the widely read evolutionism of Japan's foremost Darwinist of the early twentieth-century, Oka Asajirō (1868–1944), reflects a statist outlook that regards capitalism as the beginning of the nation's degeneration. The evolutionary theory of orthogenesis that Oka employed in his 1910 essay, “The Future of Humankind,” links him to a pre-Darwinian idealist tradition that depicted the state as an organism that develops through life-cycle stages. For Oka, laissez-faire capitalism (...) marked the moment when the state began to decline toward extinction due to the orthogenetic overdevelopment of hitherto subordinate individual egos. Because conservative bureaucrat-intellectuals had been drawing upon this same organicist-developmental tradition since the 1880s in an attempt to forestall the social ills of industrialism, Oka's call for statist measures, including eugenics, to lessen and delay the atomizing, enervating, and corrupting influence of capitalism articulated the political vision of officialdom. Statist evolutionism, not social Darwinism, might be the term that best describes Oka's approach. (shrink)

Under the influence of groundbreaking work by John Meyer and Brian Rowen, as well as Paul DiMaggio and Walter Powell, over the last 30 years research in the new sociological institutionalism has focused on processes of isomorphism. I argue that this is a one-sided focus that leaves out many insights from other institutional and macrosociological approaches and does not do justice to actual social change because it overlooks the role played by divergent institutional development. While the suggestion of divergent trends (...) is not new, there have been few attempts to integrate divergence into the theoretical premises of the new sociological institutionalism. Based on the typology proposed by DiMaggio and Powell, I show that the mechanisms identified by them as sources of isomorphic change can support processes of divergent change as well. The theoretical challenge is to identify conditions under which these mechanisms push institutional change toward homogenization or divergence. (shrink)

This article seeks to recover a neglected chapter in the historical and theoretical background of social theory in general and critical theory in particular with a view to refining the understanding of the presuppositions of a cognitively enhanced critical social science appropriate to our troubled times. For this purpose, it offers a brief reconstruction of the mathematical-philosophical tradition from ancient to modern times by extrapolating that part of it that is marked by the ideas of infinity, infinite processes and limit (...) concepts. It gives suggestive indications not only of how these ideas relate to extant social-theoretical thought, but especially also of the two related cognitive directions – the weak-naturalistic and the socio-cultural – in which such thought is currently challenged to go. (shrink)

In my thesis I argue for a philosophical-anthropological approach which enables investigations in empathy and care by opening up a window on the motivation of recognition. I show how biographies as narratives can help to understand the other within her or his own life-world, even if the life-world is the very part of our personality as a dividually conceived relational self. Therewith, personhood can be conceived in a new concept of personhood that is understood as a category of the human (...) being endowed with a stronger focus on culturally and historically founded dividuality and relationality, instead of relying exclusively on individuality and subjectivity. To show this relational movement in our life-world, I introduce ‘the Melanesian’ worldview on personhood. This worldview assumes that we are holistically relational. Thus, it lets the perception of an objective world shift into a world of animated entities which become parts of the human. Other people are also part of our life, and, in this way, take part in the life-world − and thus in life. In consequence, the life-world as the place where humans get in touch with each other builds up the social community: others have a particular role just as we take part in their lives. Our relationship with others is related to certain tasks in the social community and to definitions of personality and character. In academia, it is common ground that increasing individuality causes an increasing claim to recognition, especially since Honneth’s revival and actualization of Hegel’s concept of recognition. It is also Honneth who is inseparably linked with the recent philosophical discussion about recognition. We are recognized and we recognize others both on a personal as well as on a social level. The leading question, still unsolved and at the same time unsolvably linked with the relationship of individual and society, is: why are we relying on recognition? In other words: how do we recognize me, my self, and the other? My approach of a self-based model of mutual recognition follows two methodological paradigms: hermeneutics and phenomenology. Unsurprisingly, the hermeneutical investigation of our self in relation to mutual recognition has to start at the current state of the recognition debate, and takes its way to the anthropological state of personhood- and self-debate. The phenomenological approach constitutes the second main basis for an approach to a self-based concept of mutual recognition. Also the connection of philosophical and anthropological approaches to identity, personhood, and self-recognition is very fruitful in the way of developing a holistic approach of mutual recognition. To support this, I connect Western approaches in the phenomenological and hermeneutical traditions as well as theories of narrativity and human biography with non-Western approaches to elaborate and emphasize the intersection of both approaches. In consequence, the Cartesian Ego is rejected in favour of a decentral, cosmomorphic, and sociocentric approach to personhood. This anthropological approach is merged with a narrative concept of identity to emphasize the self-reflexive way of personal identity. Building on this set of philosophical and anthropological arguments, my purpose is to draw up a self-based model of mutual recognition which includes all stages of mutual recognition: recognition of one’s own identity, recognition of one’s own acting, recognition of others, and evaluative recognition. I begin this journey with preliminary remarks on recognition, person, and self by elaborating the state of the art in approaches to mutual recognition, the Anthropological notion of personhood, individual, and self, and their Philosophical notion. In the second part of my work, I show how these approaches compose a self-based model of mutual recognition. Here we receive the idea how we are recognized: through empathic understanding an act of knowledge is performed, in which the other is perceived and acknowledged as another human similar to ourselves. Therefore, empathic understanding, feelings of sympathy, care and solicitude, personal ethos, and theories of mind are related to mutual recognition. The definition of our being through empathy highlights our social wellbeing. By implication we refer to the recognition of others as constitutive of the community, since we recognize others and take care of them. (shrink)

This paper challenges the foundational claim that the human family is no more than a social construction. It advances the position that the family is a central category of experience, being, and knowledge. Throughout, the analysis argues for the centrality of the family for human flourishing and, consequently, for the importance of sustaining family-oriented practices within social policy, such as more family-oriented approaches to consent to medical treatment. Where individually oriented approaches to medical decision-making accent an ethos of isolated personal (...) autonomy family-oriented approaches acknowledge the central social and moral reality of the family. I argue that the family ought to be appreciated as more than a mere network of personal relations and individual undertakings; the family possesses a being that is social and moral such that it realizes a particular structure of human good and sustains the necessary conditions for core areas of human flourishing. Moreover, since the family exists as a nexus of face-to-face relationships, the consent of persons, including adults, to be members of a particular family, subject to its own respective account of family sovereignty, is significantly more amply demonstrated than the consent of citizens to be under the authority of a particular state. As a result, in the face of a general Western bioethical affirmation of the autonomy of individuals, as if adults and children were morally and socially isolated agents, this paper argues that social space must nevertheless be made for families to choose on behalf of their own members. (shrink)

Merold Westphal’s method often consists in recontextualizing, or appropriating, various sources in order to either make his own argument or to make other’s arguments seem self-evident. This method is especially noteworthy in his use of Aufhebung, a term which he initially discovers in his early work on Hegel. Westphal will eventually appropriate this term and, as this article will show, utilize it throughout his other academic works, particularly in his reading of Kierkegaard, for many an ‘anti-dialectical’ thinker. This article further (...) explores Westphal’s use of the term in order to reveal that his utilization of the term extends beyond Hegel’s own original intention and that, in doing so, Westphal creates something quite unique and separate from the term itself: a ‘Westphalian Aufhebung.’. (shrink)

This article examines the continuing use of problematic sexual stereotypes at appellate level in the English and Welsh legal system. Using five cases as illustrations, it argues that, notwithstanding professional training and guidance on sexual equality matters, certain senior judges in this jurisdiction still at least sometimes openly employ crude and problematic sexual stereotypes in their judgments or fail to deal appropriately with the use of these stereotypes by trial judges. The central point is that there is still a significant (...) problem with the open use of crude sexual stereotypes in legal reasoning at a senior level in this jurisdiction, despite the pressure on all members of the legal system to appear to be ‘politically correct’. (shrink)

In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure (...) of culpability, which is shaped as much by shared cultural understanding as by moral theory. (shrink)

Appeals to nationalism based on a common sociocultural, geographic, and linguistic heritage are reactions against expansions of trade, information, and power - and anomie and xenophobia can be countered by giving substatal ethnicities, minorities and political parties a voice and a vote.

This article deals with the question of what type of ethics may be efficient to cope with actual problems in advanced societies, i.e. environmental problems, social conflicts, the usage of new technologies. The answer given is that it is not morality or ethical decisions that count but the customary (das Übliche). But the customary is a rather precarious resource. This is not only because it may turn out to be the particularistic orientation of social groups, like those of companies, political (...) parties, or even peer groups but also because it is eaten up by the progress of modernity. This is shown by comparison with the historical forerunner of the customary, namely what has been called ethical life (substantielle Sittlichkeit) by Hegel. (shrink)