Der Beitrag verfolgt das Ziel, die Entwicklung der Idee der Gerechtigkeit in der Neuzeit im Kontext des sozialen Wandels zu erhellen. Zu diesem Zweck wird nach einer einleitenden Erörterung des dieser Idee zugrundeliegenden Gerechtigkeitsbegriffs zuerst das Projekt einer vertragstheoretischen Begründung einer gerechten staatlichen Ordnung in der frühen Neuzeit vor dem Hintergrund des Herausbildung des modernen Staates behandelt. Im Anschluss werden die theoretischen Leitideen und gesellschaftlichen Triebkräfte des Kampfes um bürgerliche Freiheit und demokratische Teilhabe beleuchtet, wovon ausgehend dann die Entstehung der (...) heute vorherrschenden Vorstellung von sozialer Gerechtigkeit einer näheren Betrachtung unterzogen wird. Der Beitrag endet mit einigen Bemerkungen über die Gerechtigkeitsprobleme der Gegenwart und die künftigen Herausforderungen im Kampf um Gerechtigkeit. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

This paper discusses Bernard Mandeville's (1670–1733) conception of governability. It grounds his key distinction between a submissive and a governable subject in terms of his alternative account of human sociability to demonstrate the nature and structure of relationships that are necessary for upholding stable and flourishing societies. Using Sir William Temple as an interlocutor (1628–1699), it also explores the role played by the cultivation of reverence to authority in Mandeville's analysis of governability.

This paper discusses Bernard Mandeville's (1670–1733) conception of governability. It grounds his key distinction between a submissive and a governable subject in terms of his alternative account of human sociability to demonstrate the nature and structure of relationships that are necessary for upholding stable and flourishing societies. Using Sir William Temple as an interlocutor (1628–1699), it also explores the role played by the cultivation of reverence to authority in Mandeville's analysis of governability.

The third formulation of the Categorical Imperative rarely receives the attention devoted to its predecessors. This paper aims to develop a naturalistic approach to morality inspired by Kant’s conception of moral agents as legislating in a Kingdom of Ends. Positions derived from the third formulation, John Rawls’s Kantian Constructivism and T. M. Scanlon’s Contractualism, cleave closely to Kant in idealising the process of legislation. For Rawls, the citizens of the Kantian Reich can be reduced to one, a representative of all, (...) who deliberates behind the veil of ignorance using minimax reasoning. Scanlon includes other lawmakers, but any potential diversity among them is overridden by trans­historical canons of reason. By contrast, I view morality as developing historically through the interactions among people with different views and conflicting aims. The task of moral theory is to construct an appropriate methodology to govern their deliberations. My naturalised Kant takes the first steps. Morality arises from the recognition of problematic situations, identified first by listening to the complaints of actual people, by judging whether they are warranted, and by seeking to amend them when the warrant is confirmed. Societies (and individuals) make moral progress when they deliberate (or simulate deliberations) in accordance with three norms. All those potentially affected should be included; the best available information should be used; and participants should aim for an outcome all can accept. How far is naturalised Kant from the great philosopher? I leave the answer to the scholars. (shrink)

It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...) one but two concepts of basic equality, and they reflect not a grand unity within political philosophy but a deep and striking division. I call these concepts ‘Equal Worth’ and ‘Equal Authority’. The former means that each individual’s good is of equal moral worth. The latter means that no individual is under the natural authority of anyone else. Whilst these two predicates are not in themselves logically inconsistent, I demonstrate that they are inconsistent foundation stones for political theory. A theory that starts from Equal Worth will find it near impossible to justify Equal Authority. And a theory that starts from Equal Authority will find any fact about the true worth of things, including ourselves, irrelevant to justifying legitimate action. This helps us identify the origin of many of our deepest and seemingly intractable disagreements within political philosophy, and directs our attention to the need for a clear debate about the truth and/or relationship between the two concepts. In short, my call to arms can be summed up in the demand that political philosophers never again be allowed to claim ‘that all human beings are equals’ full stop. They must be clear in what dimension they claim that we are equals—Worth or Authority. (shrink)

: This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

It is commonplace to suppose that the theory of individual rational choice is considerably less problematic than the theory of collective rational choice. In particular, it is often assumed by philosophers, economists, and other social scientists that an individual's choices among outcomes accurately reflect that individual's underlying preferences or values. Further, it is now well known that if an individual's choices among outcomes satisfy certain plausible axioms of rationality or consistency, that individual's choice-behavior can be interpreted as maximizing expected utility (...) on a utility scale that is unique up to a linear transformation. Hence, there is, in principle, an empirically respectable method of measuring individuals' values and a single unified schema for explaining their actions as value maximizing. (shrink)

Whereas bioethicists generally consider medicine a practice aimed at the individual good of each patient, in this paper I present an alternative conception of the goods of medicine. I first explain how modern liberal political theory gives rise to the predominant view of the medical good and then contrast this understanding of politics with that of Thomas Aquinas, informed by Aristotle. I then show how this Christian politics is implicit in certain aspects of contemporary medical practice and argue that Christians (...) ought to draw more attention to this point in order to direct medicine toward the common good. (shrink)

In the current paper, our aim is to explore the latent power dynamics surrounding corporate social responsibility in developing countries. To do this, we synthesize an analytic framework that borrows from both cross-cultural management literature as well as feminist considerations of power. We then use the framework to examine three streams of CSR literature. Our analysis uncovers the prevalence of arguments and discussions about indigenous and power-over themes rather than more generative, endogenous, and power-to themes. The paper concludes with the (...) suggestion for more space in the CSR literature for examining the realities and potentialities of local SME CSR expressions to counterbalance the overwhelming focus on MNCs. Such counterbalancing can better lead to the recognition that power and domination are not the only important dynamics to examine in CSR research. Just as important is the need for a more nuanced consideration of the role and contributions of different actors to the continuously unfolding CSR discourse. (shrink)

Ronit Stahl and Ezekiel Emanuel have recently issued a stark challenge to conscience protections in medical law and ethics. Their argument is flawed, however. They misrepresent the nature and relevance of conscientious protection in the military, misinterpret the scope of consent tendered by modern medical professionals, and offer no reason to think either that conscientious objection harms patient well-being or that such harm should solely determine the permissibility of conscientious objection. Moreover, and most fundamentally, Stahl and Emanuel do not recognize (...) that conscience protections promote moral integrity, a basic aspect of human well-being that justifies protective action. (shrink)

Political philosophy presents a static conception of childhood as a state of lack, a condition where intellectual, physical, and moral capacities are undeveloped. This view, referred to by David Kennedy as the deficit view of childhood, is problematic because it systematically disparages certain universal features of humanity—dependency and growth—and incorrectly characterizes them as features of childhood only. Thus there is a strict separation between childhood and adulthood because adults are characterized as fully autonomous agents who have reached the end of (...) their moral and cognitive development. I argue that this view is mistaken, and limits both the developmental abilities of adults and ongoing moral development within an organized state. I propose that we view dependency as a human condition. By doing so, children and adults form the kind of relationship with one another that encourages the growth and development of our moral sense in both childhood and adulthood. (shrink)

The end of ideology has been declared for several times by different writers like Raymond Aron, Daniel Bell and Francis Fukuyama. However, ideology still has an important role in the social order e...

Advice-giving is an important means of supporting others to act well. It inspires gratitude, indifference and resentment in equal measure. Although we can often predict a resentful reception for advice, its normative implications may be unclear. Should advice that is likely to be resented be withheld or modified because of its resentability, or delivered despite it? The norms that underwrite advice-giving, and which inform justified resentment, have thus far evaded systematic philosophical analysis. Using a case proposed by Edward Hinchman, the (...) first part of this paper develops three lines of reasoning that explain why advice might be resented. The second part explores three norms of advice suggested by the case. Together they cast light upon the role of advice in our moral and social lives, and offer a starting point for practical reasoning about when to give resentable advice, and how to be a good advisor. (shrink)

This article considers whether there is a parental obligation to comply with child health advice which is aimed at the general population and grounded in population-based research. Drawing upon the concept of role obligations, I argue that there is a temptation to use child health advice as a set of rules to which parents are morally obligated to comply, but that this temptation should be resisted. Using the case of Safe Sleep recommendations, designed to reduce the risk of sleep-related infant (...) deaths, I present three reasons for doubting that parents are obligated, as a matter of course, to comply with child health advice. I suggest that, rather than compliance, deliberation about child health advice is obligatory, and that parents should have reasons for not following credible child health advice. (shrink)

Judith Shklar, David Runciman, and others argue against what they see as excessive criticism of political hypocrisy. Such arguments often assume that communicating in an authentic manner is an impossible political ideal. This article challenges the characterization of authenticity as an unrealistic ideal and makes the case that its value can be grounded in a certain political realism sensitive to the threats posed by representative democracy. First, by analyzing authenticity’s demands for political discourse, I show that authenticity has greater flexibility (...) than many assume in accommodating practices common to politics, such as deception, concealment, and persuasion through rhetoric. Second, I argue that a concern for authenticity in political discourse represents a virtue, not a distraction, for representative democracy. Authenticity takes on heightened importance when the public seeks information on how representatives will act in contexts where the public is absent and unable to influence decisions. Furthermore, given the psychological mechanisms behind hypocrisy, public criticism is a sensible response for trying to limit political hypocrisy. From the perspective of democratic theory and psychology, the public has compelling reasons to value authenticity in political discourse. (shrink)

Hobbes held distinctive views about the role of power in organizing and directing human life and posing the central problems of politics. His English vocabulary (unlike his Latin vocabulary) conflates conceptions of force, instrumental capacity, right and entitlement in a single term. It remains controversial how far he changed his conception of human nature over the last four decades of his intellectual life from a more to a less egoistic version, and how far, if he did, any such change modified (...) his recipe for pacifying human collective life. The best way of tracking the development of Hobbes?s political thinking is to trace the ways in which he saw the shifting contributions of power to human life in assisting, enabling or impeding human beings in living and acting as they wish. (shrink)

The purpose of this paper is to discuss the role of financial practice in the development of mathematics as applied in human judgement. The basis of the paper is in historical research from the 1990s that argues that the monetisation of western commerce, which abstracted value into quantified price, was synthesised with scholastic analysis resulting in a “mathematical mechanistic world picture” that led to the widespread use of mathematics in science from the seventeenth century. An aspect of this process was (...) the quantification of chance that led to the development of mathematical probability, the branch of mathematics most relevant to judgement and the focus of this paper. Ideas from this historical research are related to the fundamental theorem of asset pricing, the foundational theory of contemporary financial mathematics. The paper observes that vestiges of medieval scholastic attitudes to financial ethics can be discerned in the FTAP, offering a novel interpretation of the mathematical theorem. The paper then considers the Dutch book argument, the most popular justification for subjective probability. The paper’s main contribution is in describing the significance of financial practice in validating the DBA and the paper explains how the FTAP addresses some criticisms of how the DBA represents beliefs. The conclusions emphasise the distinction between pure and practical reasoning and that this should be mirrored in a distinction between the mathematics of physica and practica. This point is important as mathematics is becoming more widespread in modelling, and directing, social systems. (shrink)

In this introduction, the author argues that Thomas Hobbes and Carl Schmitt can help us rediscover the foundations of politics and political thought. In the years since World War II, the prevailing paradigm of politics has largely centred on the redistribution of resources. Hobbes and Schmitt, by contrast, help us appreciate two other conceptions of politics. Firstly, these thinkers averred that it is the problem of order ? not redistribution ? which is the fundamental concern for any society. Secondly, both (...) were acutely aware of the role played by myth: that is, how shared ideas ? sometimes created for this very purpose ? serve to promote order, social cohesion, and law?abiding behaviour. The author also argues, finally, that normative theory and the social sciences in general have often neglected these two conceptions of politics. (shrink)

Seventeenth century philosopher Gottfried Leibniz's contributions to metaphysics, mathematics, and logic are well known. Lesser known is his ‘invention’ of deontic logic, and that his invention derives from the alethic logic of the Aristotelian square of opposition. In this paper, I show how Leibniz developed this ‘logic of duties’, which designates actions as ‘possible, necessary, impossible, and omissible’ for a ‘vir bonus’ . I show that for Leibniz, deontic logic can determine whether a given action, e.g. as permitted, is therefore (...) obligatory or prohibited . Secondly, since the deontic modes are derived from what is possible, necessary, etc., for a good person to do, and that ‘right and obligation’ are the ‘moral qualities’ of a good person, we can see how Leibniz derives deontic logic from these moral qualities. Finally, I show how Leibniz grounds a central deontic concept, namely obligation, in the human capacity for freedom. (shrink)

Recent evidence from psychological science and genetics suggests that genetic influences underlie all behavior as well as the most worrisome social inequalities. This may be considered to call into question traditional conceptions of agency and agent responsibility. They could be thought to be undermined if gene-environment transactions were sufficiently potent in influencing behaviors. Here we identify the theoretical parameters that require investigation and the conceptual challenges to agent responsibility that arise from research in behavior genetics. We (i) introduce the empirical (...) basis of the discussion, (ii) identify the particular questions that arise from considering the connection between behavior genetics and agent responsibility in the context of the legal system, (iii) bring into focus the general challenges to agent responsibility, and (iv) outline a potential resolution. (shrink)

In Metaphysical Themes, Robert Pasnau interprets Thomas Hobbes as an anti-realist about all accidents in general. In opposition to Pasnau, we argue that Hobbes is a realist about some accidents (e.g., motion and magnitude). Section One presents Pasnau’s position on Hobbes; namely, that Hobbes is an unqualified anti-realist of the eliminativist sort. Section Two offers reasons to reject Pasnau’s interpretation. Hobbes explains that magnitude is mind-independent, and he offers an account of perception in terms of motion (understood as a mind-independent (...) feature of body). Therefore, it seems incorrect to call Hobbes an anti-realist about all accidents. Section Three considers Pasnau’s hypothetical response: he might claim that for Hobbes, motion reduces to body and does not exist in its own right. Section Four notes that reductionism about all accidents does not entail anti-realism about all accidents. Even granting Pasnau’s anticipated response, his anti-realist reading does not follow. Contra Pasnau, Hobbes is best understood as claiming that motion and magnitude exist mind-independently. (shrink)

This paper gives an account of the argument of Schopenhauer's essay On the Freedom of the Human Will, drawing also on his other works. Schopenhauer argues that all human actions are causally necessitated, as are all other events in empirical nature, hence there is no freedom in the sense of liberum arbitrium indifferentiae. However, our sense of responsibility or agency (being the ) is nonetheless unshakeable. To account for this Schopenhauer invokes the Kantian distinction between empirical and intelligible characters. The (...) paper highlights divergences between Schopenhauer and Kant over the intelligible character, which for Schopenhauer can be neither rational nor causal. It raises the questions whether the intelligible character may be redundant to Schopenhauer's position, and whether it can coherently belong to an individual agent, suggesting that for Schopenhauer a more consistent position would have been to deny freedom of will to the individual. (shrink)

This paper discusses an "expressive constraint" on accounts of thought and language which requires that when a speaker expresses a belief by sincerely uttering a sentence, the utterance and the belief have the same content. It will be argued that this constraint should be viewed as expressing a conceptual connection between thought and language rather than a mere empirical generalization about the two. However, the most obvious accounts of the relation between thought and language compatible with the constraint (giving an (...) independent account of one of either linguistic meaning or thought content and understanding the other in terms of it) both face serious difficulties. Because of this, the following will suggest an alternative picture of the relation between thought and language that remains compatible with the constraint. (shrink)

Constitutional liberal practices are capable of being normatively grounded by a number of different metaphysical positions. Kant provides one such grounding, in terms of the autonomously derived moral law. I argue that the work of Edmund Burke provides a resource for an alternative construal of constitutional liberalism, compatible with, and illumined by, a broadly Thomistic natural law worldview. I contrast Burke's treatment of the relationship between truth and cognition, prudence and rights, with that of his contemporary, Kant. We find that (...) in each case where Kant's system is constructed from the first principle of autonomy, Burke's thought is oriented toward an end that is not of our making. Readings of Burke as a natural law thinker are currently out of fashion among Burke commentators; without relying, for the main thesis, on historical claims about Burke's "Thomism," I nonetheless explore and challenge some of the assumptions that underlie the current orthodoxy. (shrink)

The aim of this article is to give an account of a methodological link between drama and political theory. This account is drawn primarily from the early philosophical work of Deleuze. Following Deleuze, we will refer to it as ‘the method of dramatization’. We will argue that dramatization is a method aimed at determining the quality of political concepts by ‘bringing them to life’, in the way that dramatic performances bring to life the characters and themes of a play-script. We (...) demonstrate that this can be specified in relation to the development of this method in Deleuze's early philosophical work as a practical, critical and artistic method and, in relation to the ontological assumptions he articulated and defended in Difference and Repetition, as a process of intensification of the Idea of the political. By way of example, we discuss how the dramatization of the concept of ideology functions in Deleuze and Guattari's Anti-Oedipus and A Thousand Plateaus. We conclude with some lines of inquiry that could be pursued by political theorists looking to investigate further the dramatic nature of method in political theory. (shrink)

I consider the problem of political pluralism for political liberalism: that not everybody agrees on fundamental political principles. I critically examine three defenses of liberal principles in situations of political pluralism—the realist defense, the pragmatic defense, and Gerald Gaus’ “justificatory liberalism”—all of which I find wanting. Instead, I propose a dialectical approach to justifying political liberalism. A dialectical approach is based on engaging contradictory positions through conceptual investigation of key concepts claimed by both sides. Through such dialectical engagement, I seek (...) a way to deal with contradictions between liberal and non-liberal philosophies as conceptual issues, rather than as antagonisms beyond reason. The ambition is to contribute to a more robust liberalism capable of defending itself in contexts of political pluralism. As an example, I apply this dialectical approach to the disagreement between political Islam and political liberalism on t... (shrink)

Traditionelle Personenbegriffe der abendländischen Philosophie rekurrieren oft auf rationale Fähigkeiten wie Vernunft- bzw. Moralfähigkeit oder reflexives Selbstbewusstsein als Grundlage von individuellem moralischem Status bzw. der korrelierenden moralischen Verpflichtung. Dem steht die Erfahrung besonderer moralischer Verpflichtungen etwa gegenüber Kindern, Menschen mit besonderen Bedürfnissen oder Tieren entgegen, die durch ratiozentristische Engführungen aus dem Blick zu geraten drohen. Die gegenwärtigen Diskurse um die Begriffe der Vulnerabilität und Anerkennung sind deshalb eine wichtige Ergänzung, um einerseits die Selektivität klassischer moralphilosophischer Konzeptionen zu mindern, indem sie (...) auf eine universal geteilte Bedürftigkeit statt auf Kompetenzen als Anker der Moralität hinweisen, sowie andererseits auch positive Fürsorgepflichten für angewiesene Wesen zu begründen. Allerdings bedarf diese Ergänzung, wie argumentiert wird, ihrerseits einer Erweiterung, weil sie erstens von der kontingenten Anerkennung der Vulnerabilität in einem jeweiligen Ethos abhängt, ohne selbst hinreichende normative Kriterien an die Hand zu geben, zweitens von geteilten, jedoch nicht singulären Ansprüchen und Bedürfnissen ausgeht und drittens den Motivationsgrund der Verpflichtung nicht klärt, weil sie von Allokationsstrukturen und nicht von konkreten Begegnungen ausgeht. Eine Korrektur von der Phänomenologie der Leiblichkeit her, deren Implikationen für moraltheoretische Fragestellungen in den folgenden Ausführungen skizziert werden, scheint daher angezeigt. (shrink)

A general dearth of theoretical engagements with the embodied, historical, and especially the religious dimensions of disablement pervades the social sciences. Paradoxically, the religious heritage of the West is commonly identified as the implicit catalyst of many disabling attitudinal barriers impinging on impaired bodies. Addressing this inconsistency, this article extends dominant disability conceptualizations through combining embodiment theories and humanities perspectives. Ultimately the article seeks to demonstrate how interdisciplinary investigation can produce fresh insights into the relationships between attitudes towards physical impairment (...) and Christianized forms of Western sociality. First, the radicalization of the definition of disability in the field of disability studies is briefly discussed. Second, aspects of the sociology of the body are examined in order to illustrate how the concepts of ‘effervescent’ and ‘emergent’ embodiment, through highlighting the persistence of the sacred in ‘somatic society’, can assist in the formulation of an analytical framework, suitable for analysing the religio-cultural dimensions of impairment. Finally, the dynamism of Christian attitudes towards physical impairment is illustrated through a survey of historical and contemporaneous theological examples. The confluence of these fields, it is argued, enables the interconnected terrain between impairment, embodiment and the sacred to be mapped. (shrink)

Faith in the universal moral equality of people enjoys close to unanimous consensus in present moral and political philosophy. Yet its philosophical justification remains precarious. The search for the basis of equality encounters insurmountable difficulties. Nothing short of a miracle seems required to stabilize universal equality in moral status amidst a vast space of distinctions sprawling between people. The difficulties of stabilizing equality against differentiation are not specific to any particular choice regarding the basis of equality. To show this, I (...) will provide a general diagnosis of the difficulty together with its application to the arguably best attempt at a solution, namely to ground moral equality in a form of subjectivity. In his recent book Equality for Nonegalitarians, George Sher advances the view that “we are moral equals because we are equally centers of consciousness. …The fact that we are equals in this respect—that each is a world unto himself—…explains why each person’s interests are of equal moral importance”. Yet the worlds we are unto ourselves can no more withstand the force of differentiation than previous candidates suggested in the literature, and the reasons why run deeper than even some critics have recognized. The prospects for vindicating universal moral equality remain bleak. (shrink)

This article traces a line of theorisation regarding the state-civil society relationship, from Marx’s early writings to Gramsci’s conception of the integral state. The article argues that Marx developed, through his critique of Hegel, a valuable understanding of the state-civil society connection that emphasised the antagonism between them in capitalist societies. Alternatively, Gramsci’s conception of the ‘integral state’ posits an interconnection and dialectical unity of the state and civil society, where the latter is integrated under the leadership of the former. (...) The article argues that while Marx and Gramsci’s positions are, at first, seemingly incongruous ideas – as to the ‘separation’ in Marx and ‘integration’ in Gramsci – this tension can be bridged when the integral state is understood as being always necessarily unstable. The article argues that this framework can help us understand the contemporary breakdown of political rule in the phenomenon known as ‘anti-politics’. (shrink)

In this article, I present a neo-Confucian answer, by Cheng Hao and Cheng Yi, to the question, "Why should I be moral?" I argue that this answer is better than some representative answers in the Western philosophical tradition. According to the Chengs, one should be moral because it is a joy to perform moral actions. Sometimes one finds it a pain, instead of a joy, to perform moral actions only because one lacks the necessary genuine moral knowledge—knowledge that is accessible (...) to every common person as long as one makes the effort to learn. One should make the effort to learn such knowledge—to seek joy in performing moral actions—because to be moral is a distinguishing mark of being human. This neo-Confucian answer seems to be egoistic, as its conception of motivation for morality is based on self-interest: to seek one's own joy. However, since it emphasizes that one's true self-interest is to seek joy in things uniquely human, which is to be moral, self-interest and morality become identical; the more a person seeks one's self-interest, the more moral the person is, and vice versa. (shrink)

The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, Vermeule (...) and others have presented influential arguments for the claim that where the state is concerned the doing/allowing distinction has no moral significance, even if it does elsewhere. I show that these arguments can be resisted. In doing so, I defend some important distinctions and principles that help us understand the state’s role in protecting people from harm. (shrink)

Hedley Bull, in the passage in The Anarchical Society which introduces the ‘three competing traditions of thought’ associated with the articulation of the modern states-system, cited Otto von Gierke as the originator of this influential way of organising international theory. This article examines Gierke's work in order to assess the extent of the influence on the English School that can be ascribed to him. It argues that in fact Gierke's version of the three traditions bears little resemblance to that of (...) Bull, and that by ‘international society’ Gierke was referring to confederal structures of political power. Through an analysis of a significant strand of American revolutionary thought, the paper seeks to demonstrate the potential that further attention to the Gierkean understanding of international society could have for advancing the English School's research programme and building on its achievements. (shrink)

The current revival of communitarian thinking, alongside public journalism as its journalistic counterpart, is one response to thefractures that characterize modern society. I identifyfive symptoms/causes ofthefractured world. I then show, briefly, some contrasts between the communitarian ideal and that of liberal democracy. The conclusion calls for journalists to undertake the task of reworking our basic conceptual framework in ways that avoid the twin extreme, and naive anthropologies of individualism and collectivism in favor o f a communitarian view based upon acknowledgment (...) of human interdependence. (shrink)

The central claim of Kant's political philosophy is that rational agents sharing a territory can justifiably be forced to live under a state; they have, in Kant's words, a duty of right to leave the state of nature. Perhaps something along these lines is entailed by any theory of state legitimacy, but the point raises special difficulties for Kant. He believes that rational agents have a right to freedom; that is, he believes that a rational agent's external freedom - her (...) ability to set and pursue ends for herself without being subject to the choices of others - can justifiably be restricted only for the sake of external freedom itself. To establish that human beings can be forced to join a civil condition, it will therefore not do to show that the state promotes security, prosperity or any other such value: Kant has to show that human beings living side by side need a state to be free. (shrink)

The alliance of pure market economies with democratic polities has traditionally been a problematic one. It is argued that orthodox theoretical conceptualizations of market behaviour and the application of such theory to our communal lives have entrenched an incoherent alliance. In particular, the reductive mechanism characteristic of both neo-classical economic theory and its deployment in our socio-economic order has severely undermined the telic agency required for the autonomy or self-rule definitive of an authentic democratic order. Such reduction is observed to (...) function through the disabling of the cognitive capacity of consumers and by disempowering the agency of workers such that coercion is misconceived as freely agreed contract. (shrink)

Baron d’Holbach was a critic of established religion, or a philosophe, in late 18 th -century France. His work is often perceived as less inventive than the work of other materialist philosophes, such as Helvétius and Diderot. However, I claim that d’Holbach makes an original, unjustly overlooked move in the criticism of religious moral teaching. According to the materialist philosophes, this teaching claims that true happiness is only possible in the afterlife. As an alternative, Helvétius and Diderot offer theories according (...) to which the experience of pleasure constitutes happiness, the end of all human desire. In contemporary terms, these theories would represent psychological hedonism. But, as Diderot himself admits, they have a problem in accounting for why people seem to naturally regard some pleasures as preferable to others. I argue that in response to this challenge, instead of accepting the psychological hedonism of his fellow materialists, d’Holbach shows how one can abstain from reducing happiness to pleasure and yet remain a materialist. (shrink)

Michael Oakeshott’s distinction between ‘civil association’ and ‘enterprise association’ has inspired international society theorists to conceive of international society as not just a ‘purposive association’ constructed by states to satisfy their interests but also as a ‘practical association’ providing formal and pragmatic rules that are not instrumental to particular goals of state policy. While this article is supportive of the Oakeshottian turn in international society theory, it suggests that somewhat different conclusions can be drawn from it. The article sketches out (...) an alternative conception of international ‘civil association’, one that transcends the boundaries of communities. It is argued that such a notion of civil association is both possible and at the same time anchored in the experiences of the modern state. It is suggested that this notion of international civil association, when sustained by an adequate legal conception, promotes the enforcement of moral and political responsibility acr... (shrink)