Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

Feminist literature sometimes posits that competition and cooperation are opposites. This dichotomy is important in that it is often invoked in order to explain why mainstream economics has focused on market activity to the exclusion of non-market activity, and why this fascination or focus is sexist. The purpose of this paper is to demonstrate that the competition/cooperation dichotomy is false. Once the dichotomy is dissolved, those activities which are seen as competitive (masculine) and those which are seen as cooperative (feminine) (...) are no longer mutually exclusive but are, in fact, dependent upon one another. It is shown that the outcome of competition (more and better knowledge) enhances, and in some cases makes possible, cooperation. The function of battle is destruction; of competition, construction. Ludwig von Mises. (shrink)

A central project of Enlightenment thought is to ground claims to natural freedom and equality. This project is the foundation of Suchon’s view of freedom. But it is not the whole story. For, Suchon’s focus is not just natural freedom, but also the necessary and sufficient conditions for oppressed members of society, women, to avail themselves of this freedom. In this paper I, first, treat Suchon’s normative argument for women’s right to develop their rational minds. In Section 2, I consider (...) Suchon’s three necessary and sufficient conditions for freedom, and the manners in which women are blocked from meeting them. The normative argument together with the obstacles to women meeting the conditions for freedom raises the question of how to get women into a position where they can enjoy the freedom to which they are entitled. In Section 3, I outline Suchon’s answer: women must live a life without attachment. I argue this answer situates Suchon both chronologically and theoretically between the Béguines, a medieval women’s spiritual movement, and 20th century feminist separatism. I conclude that Suchon’s view of freedom is radical, both for its time and ours, and deserves greater attention from historians of philosophy and of feminist thought. (shrink)

Psychological altruism (being motivated by the needs of others) has a tendency to produce behaviour that is costly in evolutionary terms. How, then, could the capacity for psychological altruism evolve? One suggestion is that it is the result of sexual selection. There are, however, two problems that face such an account: first, it is not clear that the resulting behaviour would be altruistic in the relevant sense, and second, it does not seem to fit with key features of our actual (...) helping behaviour. I will argue that both of these problems can be avoided if we adopt a modular account of desire formation. (shrink)

Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...) when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side. (shrink)

Cruelty is the deliberate infliction of physical or psychological pain on other living creatures, sometimes indifferently, but often with delight. Though cruelty is an overwhelming presence in the world, there is no neurobiological or psychological explanation for its ubiquity and reward value. This target article attempts to provide such explanations by describing three stages in the development of cruelty. Stage 1 is the development of the predatory adaptation from the Palaeozoic to the ethology of predation in canids, felids, and primates. (...) Stage 2, through palaeontological and anthropological evidence, traces the emergence of the hunting adaptation in the Pliocene, its development in early hominids, and its emotional loading in surviving forager societies. This adaptation provides an explanation for the powerful emotions – high arousal and strong affect – evoked by the pain-blood-death complex. Stage 3 is the emergence of cruelty about 1.5 million years ago as a hominid behavioural repertoire that promoted fitness through the maintenance of personal and social power. The resulting cultural elaborations of cruelty in war, in sacrificial rites, and as entertainment are examined to show the historical and cross-cultural stability of the uses of cruelty for punishment, amusement, and social control. Effective violence prevention must begin with perpetrators, not victims. If the upstream approaches to violence prevention advocated by the public-health model are to be effective, psychologists must be able to provide violence prevention workers with a fine-grained understanding of perpetrator gratifications. This is a distasteful task that will compel researchers to interact with torturers and abusers, and to acknowledge that their gratifications are rooted in a common human past. It is nonetheless an essential step in developing effective strategies for the primary prevention of violence. Key Words: compassion; cruelty; entertainment industry; evolutionary psychology; intraspecific killing; pain; predation; punishment; torture; violence prevention. Correspondence:c1 Correspondence to: West Hill House, 6 Swains Lane, Highgate, London N6 6QS, United Kingdom. (shrink)

David Hume (1711–1776) described the question of liberty and necessity as ‘the most contentious question of metaphysics, the most contentious science’ (Hume [1748] 1975, p. 95). He was right about it being contentious. Whether it is metaphysical is another matter. I think that what is genuinely metaphysical is an assumption that Hume, and a good many other philosophers, make in their treatment of the question. The assumption is about language and reality. I call it ‘the conformity assumption’. But more about (...) that shortly. Let us begin at the obvious beginning, by considering what the terms ‘liberty’ and ‘necessity’ mean in the expression ‘liberty and necessity’. (shrink)

Game theory is the systematic study of interdependent rational choice. It should be distinguished from decision theory, the systematic study of individual (practical and epistemic) choice in parametric contexts (i.e., where the agent is choosing or deliberating independently of other agents). Decision theory has several applications to ethics (see Dreier 2004; Mele and Rawlings 2004). Game theory may be used to explain, to predict, and to evaluate human behavior in contexts where the outcome of action depends on what several agents (...) choose to do and where their choices depend on what others choose to do. (See the entry on game theory) Game theory consequently is relevant to ethics, and it is used in moral and political philosophy in a variety of ways. We shall concentrate on the influence and use of game theory in ethics and those parts of political theory involving norms or principles of justice, ignoring questions about political and legal institutions on the one hand and questions about issues dealing with moral virtues on the other. (shrink)

When the various disciplines participating in cognitive science are listed, philosophy almost always gets a guernsey. Yet, a couple of years ago at the conference of the Cognitive Science Society in Boulder (USA), there was no philosophy or philosopher with any prominence on the program. When queried on this point, the organizer (one of the "superstars" of the field) claimed it was partly an accident, but partly also due to an impression among members of the committee that philosophy is basically (...) a waste of time. Philosophy, they thought, is mostly obscure bullshit that does little to help, and much to hinder, real progress in cognitive science. (shrink)

According to the dominant computational approach in cognitive science, cognitive agents are digital computers; according to the alternative approach, they are dynamical systems. This target article attempts to articulate and support the dynamical hypothesis. The dynamical hypothesis has two major components: the nature hypothesis (cognitive agents are dynamical systems) and the knowledge hypothesis (cognitive agents can be understood dynamically). A wide range of objections to this hypothesis can be rebutted. The conclusion is that cognitive systems may well be dynamical systems, (...) and only sustained empirical research in cognitive science will determine the extent to which that is true. (shrink)

In this article, I analyze the circumstances of justice, that is, the background conditions that are necessary and sufficient for justice to exist between individual parties in society. Contemporary political philosophers almost unanimously accept an account of these circumstances attributed to David Hume. I argue that the conditions of this standard account are neither sufficient nor necessary conditions for justice. In particular, I contend that both a Hobbesian state of nature and a prisoner’s dilemma are cases in which the conditions (...) of the standard account obtain and yet no justice exists between parties. I propose an alternative set of generic circumstances of justice motivated by examples from game theory. Parties are in these generic circumstances with respect to each other when: (1) they are engaged in a conflictual coordination game with multiple strict Nash equilibrium points where, at any of these equilibria, some parties do not receive their greatest payoffs, and (2) they have common knowledge that each party is rational and follows her end of a strict equilibrium where no party receives her greatest payoff. These two conditions reflect the idea that justice requires all parties to make some sacrifices so that others can have more of the goods they need and want. I argue that these generic circumstances are necessary and sufficient conditions for parties to follow generic norms of justice, that is, mutually beneficial practices that require some sacrifices. Key Words: common knowledge • conflictual coordination • correlated equilibrium • moderate selfishness • moderate variable scarcity • rough equality. (shrink)

Understanding ownership rights is necessary for socially appropriate behavior. We provide evidence that preschoolers' and adults' judgments of ownership rights are related to their judgments of bodily rights. Four-year-olds and adults evaluated the acceptability of harmless actions targeting owned property and body parts. At both ages, evaluations did not vary for owned property or body parts. Instead, evaluations were influenced by two other manipulations—whether the target belonged to the agent or another person, and whether that other person approved of the (...) action. Moreover, these manipulations influenced judgments for owned objects and body parts in the same way: When the other person approved of the action, participants' judgments were positive regardless of who the target belonged to. In contrast, when that person disapproved, judgments depended on who the target belonged to. These findings show that young children grasp the importance of approval or consent for ownership rights and bodily rights, and likewise suggest that people's notions of ownership rights are related to their appreciation of bodily rights. (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)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

In the Social Contract Rousseau gives what could be called a philosophical rule of recognition for law in Modernity: a law is law if and only if 'the whole people rules over the whole people'. Thus, he defines self-legislation as, at bottom, collective intentional action. I will first map out the speech act structure [LEX] underlying self-legislation on this account. In particular, I argue for a first person plural counterpart of the reflexive structure inherent to intentions generally: the notion of (...) a collective self. Then I take issue with Bratman's analysis of shared intentional activity in terms of mutuality, submitting that it misses out on the specifically political presupposition involved in 'doing something together'. I will show why 'mutuality' requires representation of the unity of a polity, and how this representation can take form without either external authority or mutual responsiveness. (shrink)

One of the central tenets of Christian theology is the denial of self for the benefit of another. However, many views on the evolution of altruism presume that natural selection inevitably leads to a self-seeking human nature and that altruism is merely a façade to cover underlying selfish motives. I argue that human altruism is an emergent characteristic that cannot be reduced to any one particular evolutionary explanation. The evolutionary processes at work in the formation of human nature are not (...) necessarily in conflict with the possibility of altruism; rather, aspects of human nature are uniquely directed toward the care and concern of others. The relationship between altruism, human nature, and evolution can be reimagined by adopting an emergent view of the hierarchy of science and a theological worldview that emphasizes self-renunciation. The investigation of altruism necessitates an approach that analyzes several aspects of altruistic behavior at different levels in the hierarchy of sciences. This research includes the study of evolutionary adaptations, neurological systems, cognitive functions, behavioral traits, and cultural influences. No one level is able to offer a full explanation, but each piece adds a unique dimension to a much larger puzzle. (shrink)

This contribution investigates the intimate relation and the tension between legal and literary procedures of personification and subjectivation. In order to do so, the contribution turns to Kafka’s The Trial and examines the proximity of the juridical procedure depicted in the novel, intending to establish Josef K. as a subject, to the narrative procedures of the novel itself that aims at bringing forth an accountable protagonist. The intimate relation of the legal procedures described in the novel and the narrative ones (...) of the novel itself is rooted in a shared historical heritage that impacts both. I argue that the fundamental configuration of advocacy in the classical rhetorical procedure: speaking for someone, against someone, in front of an other, lies at the basis of both legal and literary procedures. Against this common rhetorical background I investigate developments in legal procedures and the formation of the modern novel in the nineteenth and early twentieth century. Both developments occlude the rhetorical mechanisms of speaking-for and speaking against and turn the rhetorical procedures of personification into mechanisms of subjectivation. Kafka’s Proceß reflects these developments, yet does not affirm this transformation and ultimately does not result in a guilty subject and a ‘believable’ character. Rather, the novel embodies a gesture of resistance against certain modes of subjectivation that seem to be prevalent both in modern law and in the novel of formation. (shrink)

In speculating on the motives for government, English philosopher Thomas Hobbes identified the pervasive role of fear and the danger of violent death, holding famously that where no government prevails to secure physical safety and property, there can also be no enduring knowledge, art, or civilization—leaving human lives “solitary, poore [sic], nasty, brutish and short.”.

Considering the relationship between human autonomy, law and technology has deep origins. Both technology studies and legal theory tell origin stories about human autonomy as the prize from either a foundational technological or jurisprudential event. In these narratives either law is considered a second order consequence of technology or technology is revealed as a second order consequence of law. In the alternative what is suggested is a foundation story drawing upon human autonomy as human responsibility for law and technology and (...) for the stories told about them. (shrink)

Albert Camus’ reflection in _The Myth of Sisyphus_ presents the absurd, the intrusion of the meaningless and irrational universe into the order and future focus of modern life. Central to Camus’ reading of Sisyphus and his dammed eternal labour, was time. Camus clearly saw that modernity and modern life was predicated on tensions in time. Moderns perceived, and lived, in the timescale of past-present-future. A commitment to chronology that promised an allusion of meaning within a world of essential meaninglessness. Modern (...) law, the law forged by the structural violence of positivism and sovereignty, shared this commitment to time. However, transitions to the digital are presenting different relationships of law and time. Emergent digital legality manifests a Sisyphean closed loop of repeat, return and enclosure, past and future become a blurred undistinguished present. The modern terror of mundane life that Camus tried to recast, seems intensified and totalised in the digital. However, rather than the possibility of the joy of the absurd, there is something else. Sisyphus, Camus imaged, had weathered to look like his rock, but he never merges with it. But in the unfolding of the digital and its legality, the secure subjectivity that Camus exalted is less then certain. This might not be bad. (shrink)

This article is about time. It is about time, or more precisely, about the absence of time in law’s digital future. It is also about time travelling and the seemingly ever-popular BBC science fiction television series Doctor Who. Further, it is about law’s timefullness; about law’s pictorial past and the ‘visual baroque’ of its chronological fused future. Ultimately, it is about a time paradox of seeing time run to a time when time runs ‘No More!’ This ‘timey-wimey’ article is in (...) three parts. The first part looks to a hazy remembered past of the legal emblem tradition as presented in Peter Goodrich’s Legal Emblems and the Art of Law to learn visual literacy and also to glimpse the essential elements of modern legality with authority, decision and violence. The second part maps how these images and icons of modern legality are manifest in the Doctor Who fiftieth year anniversary special ‘The Day of the Doctor.’ The third stage looks beyond these first order meanings to understand the chronological chaos of ‘The Day of the Doctor.’ The technicity of the image as a portal through time and space that the narrative revolves around charts the implications for the digital end of time for law. (shrink)

Like previous theorists of natural law, Kant believes in the possibility of a rational theory of ius, but also claims that the very concept of ius naturae and the method of investigation of its principles must be thoroughly reformulated. I will maintain that Kant solves the methodological problem of natural law theories by stating that a rational doctrine of Right concerns pure rational knowledge. Right must be conceived as a metaphysical doctrine in which its principles and laws are determined a (...) priori. By conceiving the idea of a “metaphysics of morals” and linking Right with it, he finds a way both to conserve the notion of ius naturae ) and to purify it from any empirical or anthropological element. (shrink)

Epicurean contractarianism is an attempt to reconcile individualistic hedonism with a robust account of justice. The pursuit of pleasure and the requirements of justice, however, have seemed to be incompatible to many commentators, both ancient and modern. It is not clear how it is possible to reconcile hedonism with the demands of justice. Furthermore, it is not clear why, even if Epicurean contractarianism is possible, it would be necessary for Epicureans to endorse a social contract. I argue here that Epicurean (...) contractarianism is both possible and necessary once we understand Epicurean practical rationality in a new way. We are left with an appealing version of teleological, individualistic contractarianism that is significantly different from Hobbesian contractarianism. (shrink)

Power and leadership are typically theorized as exercises of sovereignty in the western tradition of thought. This essay takes up Michel Foucault’s challenge to escape the ‘spell of monarchy’ in our thinking in order to move beyond sovereign models of power. Interdisciplinary scholarship on complex adaptive systems provides fertile ground for this endeavor, illustrating the dynamics of post-sovereign power and opportunities for post-sovereign leadership. Viewing human organizations as complex adaptive systems helps us to theorize leadership without over-simplifying its nature or (...) exaggerating its potential. It also undermines the prevailing identification of sovereign power as the only antidote for anarchy. (shrink)

Teson critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations.

Organizations are making massive investments in artificial intelligence, and recent demonstrations and achievements highlight the immense potential for AI to improve organizational and human welfare. Yet realizing the potential of AI necessitates a better understanding of the various ethical issues involved with deciding to use AI, training and maintaining it, and allowing it to make decisions that have moral consequences. People want organizations using AI and the AI systems themselves to behave ethically, but ethical behavior means different things to different (...) people, and many ethical dilemmas require trade-offs such that no course of action is universally considered ethical. How should organizations using AI—and the AI itself—process ethical dilemmas where humans disagree on the morally right course of action? Though a variety of ethical AI frameworks have been suggested, these approaches do not adequately address how people make ethical evaluations of AI systems or how to incorporate the fundamental disagreements people have regarding what is and is not ethical behavior. Drawing on moral foundations theory, we theorize that a person will perceive an organization’s use of AI, its data procedures, and the resulting AI decisions as ethical to the extent that those decisions resonate with the person’s moral foundations. Since people hold diverse moral foundations, this highlights the crucial need to consider individual moral differences at multiple levels of AI. We discuss several unresolved issues and suggest potential approaches for thinking about conflicts in moral judgments concerning AI. (shrink)

What is the relation between the concept good and more specific or ‘thick’ concepts such as admirable or courageous? I argue that good or more precisely good pro tanto is a general concept, but that the relation between good pro tanto and the more specific concepts is not that of a genus to its species. The relation of an important class of specific evaluative concepts, which I call ‘affective concepts’, to good pro tanto is better understood as one between a (...) determinable and its determinates, whereas concepts such as courageous can be analysed in terms of affective concepts and purely descriptive concepts. (shrink)

Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...) building upon an account of the modern state as a moral agent proper, capable of both culpable moral and legal wrongdoing. I then consider objections to the intelligibility and legitimacy of subjecting states to domestic criminal processes, which primarily find their source in the assumption that such subjection would necessarily involve the state prosecuting, judging, and punishing itself. I argue that whether this (questionable) assumption is sound or not, it does not create the kinds of unsolvable quandaries its exponents think it does. I then move on to reject the distinct, yet related, objection that, at least in aspiring liberal jurisdictions, treating the state as a criminal objectionably involves extending to it various substantive and procedural guarantees that, given its nature and raison d’être, it should not have. Finally, I discuss three central objections to punishing the state. First, that organizations like states do not have the phenomenal consciousness required to suffer punishment. Second, that the constant possibility of dispersion of state punishment amongst individual members stands in the way of its justification. Lastly, that whatever justification there may be for making things harder for the state in response to its culpable wrongdoing, such treatment need not be understood as punishment. While partially conceding the strength of these objections, I strive to loosen their grip in ways that show that justified punishment of the state, meaningfully understood as such, remains a distinct possibility. I conclude by contrasting supposed alternatives to the criminalization of states, and by contending that my analysis leaves us with enough to keep the possibility of state criminalization on the table as a justifiable response to state wrongdoing. (shrink)

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with himself, with his desires and (...) sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

Scholars of the emotions maintain that all anger requires an object of blame. In order to be angry, many writers argue, one must believe than an actor has done serious damage to something that one values. Yet an individual may be angered without blaming another. This kind of emotion, called situational anger, does not entail a corresponding object of blame. Situational anger can be a useful force in public life, enabling citizens to draw attention to the seriousness of social or (...) political problems, without necessarily vilifying political officials. (shrink)

The book under review offers a novel approach to politicizing the "animal issue." Drawing on liberal citizenship theory, the authors argue that key concepts of international justice such as "citizen," "denizen," and "sovereignty" may be mapped onto human-animal relations in order to protect individual animal rights as well as ecosystem integrity. The ambition is also to overcome some well-known problems of traditional animal rights theory in relation to ecological concerns. Yet the argument that ecosystems, like human states, ought to be (...) seen as sovereign communities entails problematic concept-stretching that may undermine the individual rights it was meant to protect. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 190-227, May 2022. There is a sense of fairness that is distinctive of markets. This is fairness among economic competitors, competitive fairness. We regularly make judgments of competitive fairness about market participants, public policies and institutions. However, it is not clear to what these judgments refer, or what moral significance they have. This paper offers a rational reconstruction of competitive fairness in terms of non-domination. It first identifies competitive fairness as a (...) distinctive claim, advanced within markets in turn characterized as antagonistic, instrumental and procedural. It distinguishes competitive fairness from a number of familiar ideals with which it might be confused: legitimate expectation, equality of opportunity, sporting fairness and economic efficiency. While many exponents likely assume competitive fairness can be explained in terms of one of these ideals, in each case there are significant objections to doing so. Instead, the paper argues that the most promising justification of competitive fairness is under the republican ideal of non-domination, which can reconstruct many of the intuitive judgments of competitive fairness that we make in particular cases. However, it concludes, this explanation makes it difficult for exponents to continue to emphasize competitive fairness, given diverse other risks of domination, and to other values, in markets. (shrink)

Ideas about soul and body – about thinking or remembering, mind and life, brain and self – remain both diverse and controversial in our neurocentric age. The history of these ideas is significant both in its own right and to aid our understanding of the complex sources and nature of our concepts of mind, cognition, and psychology, which are all terms with puzzling, difficult histories. These topics are not the domain of specialists alone, and studies of emotion, perception, or reasoning (...) have never been isolated theoretical endeavours. As Francis Bacon described human philosophy or ‘the knowledge of ourselves’, within which he located the study of body, soul, and mind, it ‘deserveth the more accurate handling, by how much it toucheth us more nearly’ (1605/ 2000: 93). The history of ideas in these domains is particularly challenging given the practical dimensions and implications of theories of mind. Because theories of human nature and debates about body and mind do ‘touch us’ so ‘nearly’, they attract and can thus reveal, in specific historical contexts, interconnected discourses or associations which may be quite unlike our own. So there are no neat boundaries around a historical category of ‘seventeenth-century British philosophy of the soul’. The central topic of this chapter can be thought of either as pneumatology, the doctrine or science of spirits and souls, or as continuous with the ‘psychologia’ or psychology of Aristotelian traditions (Park and Kessler 1988; Hatfield 1995: 184-6). In neither case, however, should we expect any deep unity to be provided by history, geography, discipline, or subject-matter. (shrink)

While Risse and Wollner make an important contribution to theorising global justice and trade, I identify certain concerns with their approach and suggest an alternative that addresses these. First, I query their emphasis on subjection to the trade regime as a morally salient feature, suggesting their argument trades on an ambiguity, and fails to connect the trade regime, as a trigger, with their preferred account of trade-justice-as-non-exploitation. Second, I examine their treatment of the WTO, how they understand international organisations as (...) inheritors of states’ obligations, and how far an organisation like the WTO can or should be self-consciously reoriented towards justice-as-non-exploitation. Third, I ask how their account is distinct from existing approaches, and whether it makes sense to apply the same conception of justice across diverse agents and institutions. I conclude by sketching an alternative approach, which makes the justification of states’ policies to outsiders the central problem of trade justice. (shrink)

Modern management reporting on its company''s performance is influenced by individuals ethical considerations. Stakeholders philosophies have continued to change over the last 75 years affecting reporting systems for companies reporting information internally and externally. These fundamental changes in philosophy have affected how information is conveyed. We are not claiming that only one philosophical viewpoint dominates companies reporting practices, but there does appear to be a changing trend of philosophies building on one another. We use resource dependence theory in relationship to (...) a decision-making model to explain changing stakeholders positions over time. This paper argues that six dominant philosophical theories have influenced the way individuals and organizations report financial and other information. Further, these philosophies then are depicted in a model that helps us to understand what influences companies to present themselves to the outside world. A vignette is used to depict changing philosophical views for several companies management report over 75 years. (shrink)

The second-wave feminist critique of privacy defies the liberal opposition between the public-political and the private-personal. Feminist thinkers such as Hanisch, Young or Fraser note that, according to this liberal conception, public institutions often keep asymmetric power relations between private agents away from political discussion and action. The resulting subordination of some agents to others tends, therefore, to be naturalised and redefined as a «personal problem». Drawing on these contributions, this article reviews the social and political implications of big data (...) exploitation and questions whether personal data protection must remain a matter of «privacy self-management». It aims to show that feminist political theory can decidedly help to identify and tackle the root causes of what I call «data domination».La crítica feminista de segunda ola a la privacidad desafía la oposición liberal entre lo público-político y lo privado-personal. Pensadoras feministas como Hanisch, Young o Fraser señalan que, de acuerdo con esta concepción liberal, las instituciones públicas a menudo dejan fuera de la discusión y la acción política las relaciones de poder asimétricas entre agentes privados. La resultante subordinación de unos agentes a otros tiende, por tanto, a ser naturalizada y redefinida como un «problema personal». Basándose en estas contribuciones, este artículo revisa las implicaciones sociales y políticas de la explotación de datos masivos y cuestiona si la protección de los datos personales debe continuar siendo una cuestión de «auto-gestión de la privacidad». Su objetivo es mostrar que la teoría política feminista puede ayudar decididamente a identificar y enfrentar las causas de lo que llamo «dominación a través de los datos». (shrink)

This article argues that, contrary to conventional wisdom, Xunzi’s and Hobbes’s understandings of human nature are qualitatively different, which is responsible for the difference in their respective normative political theory of a civil polity. This article has two main theses: first, where Hobbes’s deepest concern was with human beings’ unsocial passions, Xunzi was most concerned with human beings’ appetitive desires ( yu 欲), material self-interest, and resulting social strife; second, as a result, where Hobbes strove to transform the pathological (anti-)politics (...) of resentment into the politics of recognition by creating rational egalitarian citizenship under the all-encompassing constitutional sovereign power, Xunzi attempted to nourish human beings’ basic appetitive desires ( yu 欲) by instituting a li 禮 ordered civil entity. This article concludes by showing how Confucian civility that Xunzi reconstructed by means of the li 禮 can effectively deal with unsocial passions. (shrink)

The article analyses the components of the presumption of innocence and tries to clarify some of the conceptual and logical difficulties surrounding the notion of ‘innocence’ and the structure of legal presumptions. It is argued that all conceivable literal interpretations of the maxim make little or no sense, and that the presumptions form is, as such, devoid of original content: presumptions do not explain nor justify anything but are auxiliary norms which refer to the legal consequences spelled out in other (...) norms. Therefore, the presumption of innocence can be used to express any kind of requirement and standard for the criminal process and the treatment of suspect citizens only in a tautological, albeit rhetorically forceful, way. This instrumental use of the presumption of innocence is theoretically without merit but can be practically beneficial as long as there is no developed system of fundamental rights and protections of individual freedoms in a given legal order. Finally, a functional understanding of the presumption of innocence is proposed which gives it an original, though limited field of application as a guarantee of the procedure itself, in particular of the openness of the outcome. (shrink)

Many philosophers claim that it cannot be the case that a person ought to perform an action if this person cannot perform this action. However, most of these philosophers do not give arguments for the truth of this claim. In this paper, I argue that it is plausible to interpret this claim in such a way that it is entailed by the claim that there cannot be a reason for a person to perform an action if it is impossible that (...) this person will perform this action. I then give three arguments for the truth of the latter claim, which are also arguments for the truth of the former claim as I interpret it. (shrink)