The question of whether homeopathy is a science is currently discussed almost exclusively against the background of the modern concept of natural science. This approach, however, fails to notice that homeopathy—in terms of history of science—rests on different roots that can essentially be traced back to two most influential traditions of science: on the one hand, principles and notions of Aristotelism which determined 2,000 years of Western history of science and, on the other hand, the modern concept of natural science (...) that has been dominating the history of medicine for less than 200 years. While Aristotle’s “science of the living” still included ontologic and teleologic dimensions for the sake of comprehending nature in a uniform way, the interest of modern natural science was reduced to functional and causal explanations of all phenomena for the purpose of commanding nature. In order to prevent further ecological catastrophes as well as to regain lost dimensions of our lives, the one-sidedness and theory-loadedness of our modern natural–scientific view of life should henceforth be counterbalanced by lifeworld–practical Aristotelic categories. In this way, the ground would be ready to conceive the scientific character of homeopathy—in a broader, Aristotelian sense. (shrink)

. The shift from a pre‐Copernican to a Copernican world view has caused an ever increasing sense of homelessness for the idea of a theistically conceived God. This paper first traces the historical development of this problem and its implications for the Christian faith. Next it presents some historically evolved “rescue” attempts and examines them critically. Then follows an inquiry concerning the biblical understanding of God's relation to space and a critical presentation of some contemporary proposals to make God's presence (...) intelligible. In conclusion we propose a dimensional model of relating God and the world, a model which allows for a reasonable discourse of God's immanence and transcendence. (shrink)

In the second book of theConfessions, Augustine flabbergasts his interpreters by exaggerating an adolescent escapade (a pear theft) and making it a monstrosity. He conjectures that the pear thieves might have commited the theft purely for the sake of thieving, and thus, that they displayed a kind of evil that is not even presented by the arch-villain of Ciceronian antiquity, the conspirer Catilina. Following Aquinas’ interpretation this comparison has been considered a reductio in most of the relevant literature up to (...) now. This paper presents a different interpretation: Augustine is mostly serious about his claim–and there might be more to his argument than meets the eye. The interpretation developed in the present paper is based on a construal of the pear theft as collective agency. (shrink)

There are possible artificially intelligent beings who do not differ in any morally relevant respect from human beings. Such possible beings would deserve moral consideration similar to that of human beings. Our duties to them would not be appreciably reduced by the fact that they are non-human, nor by the fact that they owe their existence to us. Indeed, if they owe their existence to us, we would likely have additional moral obligations to them that we don’t ordinarily owe to (...) human strangers – obligations similar to those of parent to child or god to creature. Given our moral obligations to such AIs, two principles for ethical AI design recommend themselves: (1) design AIs that tend to provoke reactions from users that accurately reflect the AIs’ real moral status, and (2) avoid designing AIs whose moral status is unclear. Since human moral intuition and moral theory evolved and developed in contexts without AI, those intuitions and theories might break down or become destabilized when confronted with the wide range of weird minds that AI design might make possible. (shrink)

The dominant methodological assumptions in climate ethical debates are rational-individualistic. The aim of this paper is to examine whether the rational-individualistic methodological framework is compatible with a theory of moral responsibility for climate change. I employ three fitness criteria of moral agency: a normatively significant choice, sufficient knowledge and control. I demonstrate that the rational-individualistic methodology does not provide a framework in which rational agents meet the three criteria. I conclude that rational-individualistic agents are not fit to be held morally (...) responsible for climate change. The paper demonstrates that the dominant climate-ethical view rests on a methodology that does not allow for a conceptualisation of a moral agent of climate change. (shrink)

. I will argue that the concept of law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain properties a norm may possess to the conclusion that the norm is legally binding, namely, that it deserves to be endorsed and applied in legal reasoning. Legal validity has to be distinguished from other, more demanding, normative ideas, such as moral bindingness or legal optimality.

Over time, various thematic classifications have been put forward to organize science into a coherent system of specialized areas of research. From an analysis of the historical evolution of the criteria used to distinguish the sciences from one another, I propose in this paper a quadripartite typology for the different thematic classification systems propounded by scholars throughout the centuries. Basically, I argue that the criteria used to differentiate the sciences have been alternately drawn from their respective subject matters, kinds of (...) knowledge, methods and aims. Then, I show that several reclassifications occurred in the thematic structure of science. Finally, I argue that such changes in the structure of learning displaced the modalities of contact between the objects, knowledge, methods and aims of the various branches of science, with the result of outlining reshaped intellectual territories conducive to the emergence of new areas of research. (shrink)

I describe an ethic for business administration based on the social tradition of the Catholic Church. I find that much current thinking about business falters for its conceit of truth. Abstractions such as the shareholder-value model contain truth - namely, that business is an economic enterprise to manage for the wealth of its owners. But, as in all abstractions, this truth comes at the expense of falsehood -namely, that persons are assets to deploy on behalf of owners. This last is (...) "wrong" in both senses of the word - it is factually wrong in that persons are far more than business assets, they are supernatural beings, children of God; and it is morally wrong in that it is an injustice to treat them as the former when they are the latter. I draw upon the social tradition of the Catholic Church to recognize that the business of business is not business, but is instead the human person. Following Church teachings, I describe a person-centered ethic of business based upon eight social principles that both correct and enlarge the shareholder-centered ethic of much current business thinking. I discuss implications of this person-centered ethic for business administration. (shrink)

The pace, the scale, the nature and the reach of social transformation are such that moments of destruction and moments of creation succeed each other in a frantic rhythm without leaving time or space for moments of stabilization and consolidation. This is precisely why I characterize the current period as one of transition.

O objetivo deste artigo é pensar a imagem do ateu nos verbetes “Ateu” e “Ateísmo” da Enciclopédia e neles traçar a possibilidade de entendermos as marcas do pensamento lockiano. Esses traços são fundamentais para compreendermos a forma pela qual houve uma mudança na imagem do ateu entre os séculos XVII na Inglaterra e o XVIII na França e como essa alteração vai contribuir positivamente para uma melhor acolhida do não crente no ceio da sociedade moderna. Para fornecer maior inteireza ao (...) texto, ele está dividido em duas partes: na primeira, investigaremos o perfil dos autores dos verbetes “Ateu” e “Ateísmo”; na segunda, examinaremos propriamente os dois verbetes da Enciclopédia e neles buscaremos detectar os ecos do pensamento político de Locke. (shrink)

RESUMO O foco de nossa investigação é a relação estabelecida por Hannah Arendt entre o imperialismo e a filosofia política de Thomas Hobbes. Trata-se de investigar como o tema se configura em "Origens do Totalitarismo" e de que modo ele contribui para sua tentativa de iluminar o tempo presente. Nosso primeiro passo será refazer o argumento segundo o qual o imperialismo surge no conflito entre a estabilidade das instituições nacionais e seu desejo de expansão, o que também se configura como (...) um conflito entre a tradição política e a nova ordem econômica. Em seguida, comparando as leituras de Arendt e C. B. Macpherson, exploraremos a controversa analogia que nossa autora estabelece entre o imperialismo e o pensamento hobbesiano. Como resultado, não se encontra no contratualismo hobbesiano um argumento para a constituição de comunidades políticas, mas um modelo de relações humanas que ameaçaria a própria existência de tais comunidades. Concluiremos aventando a hipótese de que a leitura arendtiana do imperialismo indica um caminho para pensarmos a política a partir da noção de impropriedade. ABSTRACT The main theme of our research is the link proposed by Hannah Arendt between imperialism and Hobbes's political philosophy. It is to be inquired how this relation appears in "Origins of Totalitarianism" and how it contributes to her attempt to shed a light on the dilemmas of present time. First, we will resume the argument according to which imperialism arises out of the conflict between the stability of national institutions and its desire for expansion, which also shows itself as a conflict between the political tradition and a new economical order. Then in comparison with Macpherson's reading of Hobbes we must explore the polemical analogy held by Arendt between imperialism and the Hobbesian thought. As a result, Arendt did not recognize in his theory of social contract an argument for the constitution of political communities but a model for human relationships by which the very existence of these communities would be jeopardized. Finally, it will be suggested that Arendt's analysis of imperialism indicates a way to think politics through the notion of impropriety. (shrink)

The Walking Dead is a popular TV series depicting a catastrophic and violent world. After a pandemic that turns humans into zombies, we witness the collapse of civilization with all its institutions, the depletion of the resources, and the struggle to build a new world in the middle of the wars between surviving groups. It illustrates a world of literal and metaphorical homo homini lupus. Some people choose sheer survival, and others try to build a moral, civil world. In this (...) article, I propose a reading of this series from a Kantian perspective by employing his interrelated ideas on history, ethics, and politics. I claim that The Walking Dead represents the state of nature and the violence it contains, and illustrates the course of history toward a civil society as defined by Kant. (shrink)

Informal political representation can be a political lifeline, particularly for oppressed and marginalized groups. Such representation can give these groups some say, however mediate, partial, and imperfect, in how things go for them. Coeval with the political goods such representation offers these groups are its particular dangers to them. Mindful of these dangers, skeptics challenge the practice for being, inter alia, unaccountable, unauthorized, inegalitarian, and oppressive. These challenges provide strong pro tanto reasons to think the practice morally impermissible. This paper (...) considers the question: On what conditions is the informal political representation of oppressed and marginalized groups permissible? By responding to skeptics’ challenges, I develop a systematic account of moral constraints that, if adopted, would make such representation permissible. The account that emerges shows that informal political representatives (IPRs) must aim to fulfill two sets of sometimes conflicting duties to the represented: democracy within duties, which concern how the representative treats and relates to the represented, and justice without duties, which concern how the representative’s actions advance the aims of the representation. (shrink)

The article reviews the book Die Möglichkeit des Guten. Ethik im 21. Jahrhundert [The Possibility of the Good. Ethics in the 21st Century], by Wilhelm Vossenkuhl.

In the paper two seemingly distinct areas of philosophical investigations are brought together: metaphor and dialetheism. They both turn out to be deeply related, which becomes visible against a background, i.e. the hybrid structure of metaphor delineated in the first part. This network elicits three variations of dissonance subsequently called: (1) phantom-contradiction, which is combined with unconventionality of metaphors; (2) indexed-bound contradiction, bearing some cognitive tension but no real truth value gluts and; (3) logical contradiction “spread” between the two layers (...) of metaphorical structure. Finally, the analysis allows for approaching a theoretically pending question concerning the influence of dialetheic aspects of metaphor upon human cognition and thinking in general. (shrink)

Building on Rodin's analysis, Ryan raise further issues about self-defense as a justification of modern nation state war. Principal among these is what he calls the "conscription paradox.".

I propose taking the beautiful and the sublime in Edmund Burke not just as aesthetic but also as theoretical categories which can help us read his constitutional thought in dialectical terms. I suggest indeed that his usage of these categories in the Reflections on the Revolution in France points to a consistently held argument concerning the aporias of early-modern contractarian theories and their influence on the French Revolution. My hypothesis is that for Burke the Revolution is unable to think of (...) any concrete relation between beauty and sublimity, insofar as they can be associated, respectively, with particularity and universality. Furthermore, I underscore how Burke’s defence of partial representation against contractarian representation aims to overcome this impasse. My goal is to demonstrate that Burke raises decisive questions as to the intrinsically anti-democratic effects of the contractarian concept of democracy and is still useful to confront the contemporary crisis of democratic participation. (shrink)

Feminist scholars have long debated on a key contradiction in the political theory of Thomas Hobbes: While he sees women as free and equal to men in the state of nature, he postulates their subjection to male rule in the civil state without any apparent explanation. Focusing on Hobbes’s construction of the mother–child relationship, this article suggests that the subjugation of the mother to the father epitomizes the neutralization of the ancient principle of ‘governance’, which he replaces with a novel (...) concept of ‘power’ as formally authorized command. This scrutiny leads to three main conclusions: a radicalization of Pateman’s concept of ‘sexual contract'; the acknowledgement that patriarchy is inseparable from the logic of political authority constructed by Hobbes; and the claim that criticism of patriarchal rule requires an overall problematization of the mainstream conception of political participation we have inherited from modern political science. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 1, Page 128-150, January 2022. In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing (...) the popular will, representation resurfaces in his Republic from top to bottom and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom (...) and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

In the study of politics, Cambridge is sometimes associated with a school of political philosophical “realism.” This article discusses what realism in political philosophy might mean, by examining first what might count as “unrealistic” political philosophy (looking at Sidgwick and Rawls), and then some recent attempts to identify a more realistic philosophical approach to politics. It argues that realistic political philosophy tends to emerge as a thin account of politics that falls between the stools of either more philosophical (i.e., more (...) idealistic) or less philosophical (i.e., more historical) accounts. It illustrates this in relation to Sidgwick and also Hobbes, who is often held up as the quintessential realist in the history of political philosophy. (shrink)

Before presenting his own account of value in the Ethics, Spinoza spends much of EIAppendix and EIVPreface attempting to refute a series of axiological ‘prejudices’ that he takes to have taken root in the minds of his readership. In doing so, Spinoza adopts what might be termed a ‘genealogical’ argumentative strategy. That is, he tries to establish the falsity of imagined readership’s prejudices about good and bad, perfection and imperfection, by first showing that the ideas from which they have arisen (...) are themselves false. Many elements of this genealogy, however, remain unclear. First, both the nature of the metaethical prejudices Spinoza believes we have been labouring under, and the metaphysical prejudices that he takes to have given rise to them, continue to attract widespread disagreement. Although much less commented on, it is also not entirely obvious why Spinoza takes the one to have engendered the other. In this article, I attempt to clarify Spinoza’s reasoning in both of these respects, ultimately concluding that Spinoza offers us two accounts of how this process has occurred, the first beginning from an anthropocentric doctrine of divine providence, the second from more secular, perhaps more purely Aristotelian metaphysical tradition. (shrink)

What are the respective roles and responsibilities of global, national, and local communities as well as individuals themselves to address health deprivations and avert health threats? This article offers the beginnings of a theory of global health justice, arguing for universal ethical norms (general duty) with shared global and domestic responsibility (specific duties) for health. It offers a global minimalist view I call ‘ provincial globalism ’ as a mean between nationalism and cosmopolitanism, in which a provincial consensus must accompany (...) a global consensus on health morality. This minimalist account asserts global and national duties to promote human flourishing and, more specifically, individuals’ central health capabilities. In this view, justice requires prioritizing responsibilities through shared health governance to reduce shortfall inequalities in central health capabilities — a general duty to reduce premature mortality and escapable morbidity. It examines the difficulties presented by the philosophical principles of connectedness, causality, remediation, partiality, and capacity in the allocation of responsibility for global health. It offers a theory of responsibility allocation based on a functional, health agency centered and homeostatic balanced understanding of the analytical components required to solve global health problems and parcels out roles and responsibilities at the global, national, local, and individual levels accordingly. Allocations of responsibility rest on the effectiveness and special obligations of different actors, respecting self-determination by groups and individuals and seeking voluntary commitments . This view understands that the remedy for global health problems must be sustainable to take nations and the global health community to a new global health equilibrium that remedies current problems and prepares for new health threats to come. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

This article seeks to explain why the social movement had its historical origin in the 1760s. It argues that the rise of the social movement as a particular form of political action was closely linked to a new interpretation of sovereignty that emerged within eighteenth century British politics. This interpretation, which drew inspiration from Jean-Jacques Rousseau’s social contract thinking, not only resonated with the radicalism of John Wilkes and his followers’ struggle to promote civil liberties to Englishmen of all classes, (...) it also spurred a transformation of the repertoire of popular contention. The article traces the evolution of the concept of sovereignty in British political thought from the Restoration to the Wilkites and discusses how this evolution informed the contentious actions of the Wilkites as they formed the first mass movement to promote a specific political issue. (shrink)

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are required for epistemic (...) virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (shrink)

In justifying punishment we sometimes appeal to the idea that the punished offender has, by his criminal action against others, forfeited his moral right (and therefore his legal right) against hard treatment by the state. The imposition of suffering, or deprivation of liberty, loses its prima facie morally objectionable character, and becomes morally permissible. Philosophers interrogating the forfeited right theory generally focus on whether the forfeiting of the right constitutes a necessary or a sufficient condition for punishment to be permissible; (...) rarely do they ask whether the idea of a right that can be forfeited is itself morally illuminating. The paper examines and criticizes various versions of this theory. It concludes that the forfeited right arguments add little other than rhetorical dignity to the existing repertoire of justifications for punishment. They can be most usefully understood as communicating the thought that the offender cannot reasonably complain about the violation of rights he himself has violated. But the incapacitation of the offender’s reasonable complaint does not entail that we are justified in punishing him. (shrink)

Este trabajo se propone contribuir al proyecto de atribuirle a Hobbes una teoríaautónoma de la política, la cual defiende la existencia de cuestiones políticas que nopueden ser subordinadas lógicamente a otras esferas como la moral o la religión. Segúnesta posición los conflictos políticos no pueden ser meramente atribuidos, por ejemplo, ala inmoralidad o irreligiosidad de los involucrados, sino que incluso personas completamentemorales y religiosas podrían llegar a verse envueltas en conflictos políticos.

Is morality biologically altruistic? Does it imply a disadvantage in the struggle for existence? A positive answer puts morality at odds with natural selection, unless natural selection operates at the level of groups. In this case, a trait that is good for groups though bad for individuals can evolve. Sociobiologists reject group selection and have adopted one of two horns of a dilemma. Either morality is based on an egoistic calculus, compatible with natural selection; or morality continues tied to psychological (...) and biological altruism but not as a product of natural selection. The dilemma denies a third possibility—that psychological altruism evolves as a biologically selfish trait. I discuss the classical treatments of the paradox by Charles Darwin and Robert Trivers, focusing on the role they attribute to social emotions. The upshot is that both Darwin and Trivers sketch a natural-selection process relying on innate emotional mechanisms that render morality adaptive for individuals as well as for groups. I give additional reasons for viewing it as a form of natural, instead of only cultural, selection. (shrink)

This article analyses supplier-buyer relationships where the suppliers adapt to the buyers' needs and expectations to gain mutual advantages. In some cases, such closely knit relationships lead to violations of the autonomy of one or both partners. A concept of corporate autonomy (CA) is developed to analyze this problem. Three different facets can be distinguished: rule autonomy, executive autonomy, and control autonomy. A case study of Mattel's problems with lead-contaminated toys produced in China shows that the CA of buyer and (...) supplier can be restricted as a result of a dysfunctional partnership involving a moral dilemma. (shrink)

This article analyses supplier–buyer relationships where the suppliers adapt to the buyers’ needs and expectations to gain mutual advantages. In some cases, such closely knit relationships lead to violations of the autonomy of one or both partners. A concept of corporate autonomy is developed to analyze this problem. Three different facets can be distinguished: rule autonomy, executive autonomy, and control autonomy. A case study of Mattel’s problems with lead-contaminated toys produced in China shows that the CA of buyer and supplier (...) can be restricted as a result of a dysfunctional partnership involving a moral dilemma. (shrink)

The recent frauds in organizations have been a point for reflection among researchers and practitioners regarding the lack of morality in certain decision-making. We argue for a modification of decision-making models that has been accepted in organizations with stronger links with ethics and morality. With this aim we propose a return to the base value of Christianity, supported by Bible scriptures, underlying six dominant ethical approaches that drive practices in organizations.

The debate over whether human animals are linked by bonds of justice to nonhu-man animals is ancient and has been several times settled. The Roman jurists defined the j us naturae in terms of what nature had taught 'all animals', but Grotius and other natural-law theorists rejected this view and redefined the jus naturae as that which accorded with human nature, thereby founding the 'modern' view which has excluded nonhuman animals from the sphere of justice. This paper examines Grotius's argument (...) as part of a larger seventeenth-century 'counter-revolution' in thought and argues that its incoherence becomes intelligible only when viewed as an attempt to deal with the embarrassing phenomenon of inhumane warfare. Warned by the example of Grotius, we may wish to inquire to what extent any discussion of animal justice, whatever side it takes, may be an exercise in the perpetration of injustice. (shrink)

Scholars have traditionally taken the Marquis de Sade to be a straightforward advocate of immoral hedonism. Without rejecting outright this view, I argue that Sade also presents an insightful theory of the psychology of pleasure, placing him amongst the more insightful psychological thinkers of the late 18th century. This paper outlines Sade’s description of the immoral will, in particular his account of how an agent can come to enjoy the humiliation, torture and murder of others. I argue for the following (...) claims: firstly, that Sade, perhaps despite himself, suggests that the sadistic will is pathological; secondly, that Sade’s work gives a far less flattering view of the sadistic will than is commonly supposed. (shrink)

Classically, gratitude is a tri-polar construal, logically ordering a benefactor, a benefice, and a beneficiary in a favour-giving-receiving situation. Grammatically, the poles are distinguished and bound together by the prepositions ”to’ and ”for’; so I call this classic concept ”to-for’ gratitude. Classic religious gratitude follows this schema, with God as the benefactor. Such gratitude, when felt, is a religious experience, and a reliable readiness or ”habit’ of such construal is a religious virtue. However, atheists have sometimes felt an urge or (...) need for an analogous experience and virtue of gratitude, and theists sometimes feel intellectual discomfort with classical theistic gratitude on consideration of the misfortunes that characterize our life along with its blessings. In response, another conception of religious gratitude has been attempted, a construal that lacks the to-for structure. This paper probes the significance of the benefactor for gratitude, both secular and religious, and, with Søren Kierkegaard’s help, some features of the theology of classical religious gratitude that dissolve the problem of misfortunes. (shrink)

This article presents a discussion of how postmodernist, poststructuralist and critical educational thinking relate to different theories of power. I argue that both Critical Theory and some poststructuralist ideas base themselves on a concept of power borrowed from a modernist tradition. I argue as well that we are better off combining a postmodern idea of education with a postmodern idea of power. To this end the concept of power presented by the works of Ernesto Laclau and Chantal Mouffe is introduced. (...) This concept controverts a number of major educational concepts, i.e. concepts such as causality, autonomy, subjectivity and originality. In other words, it allows us to take a fresh look at old concepts. Finally, I relate the discussion to a number of recent theories of learning. (shrink)

According to contemporary legal positivism, law claims to create obligations. In order for law to be able to create obligations, it must be capable of having authority. Legal positivism claims that for law to be capable of having authority, it only has to meet non-moral or non-normative conditions of authority. In this paper it is argued that law can only be capable of having authority if it also meets certain normative conditions. But if something must meet certain normative conditions in (...) order to be capable of having authority and if it must be capable of having authority in order to be law, then it is only law if it is conceivable that it meets these normative conditions and this can only be ascertained by means of an evaluation. Therefore, legal positivism's claim that determining what the law is does not necessarily, or conceptually, depend on moral or other evaluative considerations (the separation thesis) is incompatible with its claim that law must be able to create obligations. Further, an analysis of Hart's concept of law shows that it is not only possible that the identification of the law depends on moral evaluation, as Hart claims, but that it is conceptually necessary that it does. (shrink)

Even if preventive military counter-terrorism may sometimes be ethically justifiable, it remains an open question whether the Bush Doctrine presents a discursively coherent account of the relevant normative conditions. With a view towards answering this question, this article critically examines efforts to ground the morally personifying language of the Bush Doctrine in term of hegemonic stability theory. Particular critical attention is paid to the arguments of leading proponents of this brand of game theory, including J. Yoo, E. Posner, A. Sykes, (...) and J. Goldsmith. When examined in their terms, the Bush Doctine is best understood as an ethically hypocritical and shortsighted international discursive strategy. Its use of moralistic language in demonizing 'rogue states' for purely amoral purposes is normatively incoherent and discursively unsustainable. If it is a strategically rational piece of international communication, it seems designed to undermine globally shared normative meanings for the sake of short-term unilateral military advantage. (shrink)