ABSTRACTLate Enlightenment German materialism has hardly attracted any scholarly attention in the past, in spite of the fact that there were quite a few exponents of it. In this paper, I identify the philosophically most important ones and examine to what extent they were connected with each other. In fact, there are local concentrations of materialists at universities and academic circles in Göttingen, Halle, and Gießen. I then discuss the spectrum of materialist positions held by them, from empiricist naturalism in (...) the case of Michael Hißmann to emergentism and Spinozism in the case of Karl von Knoblauch. Finally, I examine how German materialists conceived of the nature of soul and its immortality. It turns out that most of them were mortalists, with the exception of August Wilhelm Hupel, and some of them also endorsed Socinianism. (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)

The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and (...) coordinate information and incentives across diverse stages of complex production processes, governmental decision making often lacks a calculation mechanism comparable to market prices through which knowledge about societal needs and demands can be conveyed and may thus inevitably result in some forms of punitive disparity. (shrink)

This article concerns the problems of proportionality in the theory of punishment. The problem is how to determine whether the severity of a punishment for a criminal offense is proportional to the seriousness of that offense. The resolution to this problem proposed in the article is that, first, one understand punishment as pain or loss intentionally and openly inflicted on someone S in retaliation for something S did, by a person or agent who is at least as powerful as S, (...) and, second, one take such retaliatory pain or loss as, within stable social groups, a means for preserving social order. Accordingly, it is argued that, on this proposal, the measure by which the severity of punishment is determined to be proportional to the seriousness of the crime for which it is inflicted is the minimal amount of pain or loss necessary to preserve social order. Sentencing policies that follow this measure, it is then observed, tend to yield less severe punishments than the policies that classical deterrence theory yields. Finally, the article offers an argument for regarding as morally more defensible sentencing policies whose goal is preserving social order than sentencing policies whose goal is that of classical deterrence theory, which is to achieve the smallest incidence of crimes consistent with not diminishing the overall welfare of society. (shrink)

In a recent article, McClennen (2012) defends an alternative bargaining theory in response to his criticisms of the standard Nash bargaining solution as a principle of distributive justice in the context of the social contract. McClennen rejects the orthodox concept of expected individual utility maximizing behavior that underlies the Nash bargaining model in favor of what he calls full rationality, and McClennen’s full cooperation bargaining theory demands that agents select the most egalitarian strictly Pareto-optimal distributional outcome that is strictly Pareto-superior (...) to the state of nature. I argue that McClennen’s full cooperators are best described as reasonable agents whose rationality is constrained by moral considerations and that McClennen’s bargaining theory is moralized in this regard. If, by contrast, the orthodox concept of rationality is assumed and plausible assumptions are made about human nature and social cooperation, then a modified version of the standard Nash bargaining solution, which I call the stabilized Nash bargaining solution (Moehler 2010), is justified. From the perspective of rational agents, the stabilized Nash bargaining solution can accommodate McClennen’s criticisms of the standard Nash bargaining solution in the context of the social contract and, for such agents, it can serve as a principle of distributive justice in deeply morally pluralistic societies. (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (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)

(2014). Cross-world luck at the time of decision is a problem for compatibilists as well. Philosophical Explorations: Vol. 17, No. 2, pp. 112-125. doi: 10.1080/13869795.2014.912673.

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)

Locating the history of male honour in the perspective of his philosophical anthropology, Mandeville is able to show that the rituals of modern honour are an exemplary expression of that spontaneous, artificial order stemming out of a natural disposition of human passions. For Mandeville, duelling provides decisive evidence that the desire for approval from others, even at the cost of one's life, is a dominant motive in man's behaviour. The aim of this paper is to review selected Scottish responses to (...) the questions raised by Mandeville's views on ‘Modern Honour’ and his provocative defense of duelling. (shrink)

ABSTRACT: Ever since Hume raised the problem of induction, many philosophers have tried to solve this problem; however, there still is no solution that has won wide acceptance among philosophers. According to Wilfrid Sellars, the reason is mainly that these philosophers have tried to justify induction by theoretical reasoning rather than by practical reasoning. In this paper I offer a sort of Sellarsian proposal. On the basis of the instrumental principle and the constructivist view of the concept of epistemic justification, (...) I argue that it is reasonable to accept induction.RÉSUMÉ: Depuis que Hume a soulevé le problème de l’induction, nombreux ont été les philosophes qui se sont attaqués à cette question. Aucun, pourtant, n’y a jusqu’à présent apporté de réponse satisfaisante et susceptible d’entraîner l’adhésion générale. Selon Wilfrid Sellars, la raison de cet échec est que les tentatives de justification se fondaient sur des raisonnements théoriques plutôt que pratiques. L’auteur offre ici une sorte de solution «sellarsienne» au problème. À partir du principe instrumental et de la conception constructiviste de la justification épistémique, l’auteur tente de démontrer qu’il est raisonnable d’accepter l’induction. (shrink)

Contemporary virtue ethics was revolutionized by Alasdair MacIntyre’s reconfiguration using practices as the starting point for understanding virtues. However, MacIntyre has very pointedly excluded the professions of the financial world from the reformulation. He does not count these professions as practices, and further charges that virtue would actually hinder or even rule out one’s pursuit of these professions. This paper addresses three tasks, in regard to the financial profession of investment advising. First, the paper lays out MacIntyre’s soon-to-be-published charges against (...) the investment world, as specified to this profession. Second, it sets forth the role function of investment advising and shows that it does possess internal goods—the crucial aspect of practices disputed by MacIntyre in this case—including goods of production and goods of performance. Third, it demonstrates that this function, and the goods tied to it, cannot be achieved apart from the virtuous pursuit of the profession, thereby showing that MacIntyre’s charges are mistaken. Investment advising is shown to be a virtue-based practice, and the groundwork is laid for showing that other financial professions are so, as well. (shrink)

This article examines Russell Hardin's interpretation of Hume's argument that great social order depends on coordination convention. The main argument shows that despite an apparent move in that direction Hume's main argument is that justice and the other convention-based virtues rest on a cooperative convention which solves a prisoner's dilemma problem and that states are required when a society exceeds some small size because only states can solve the large number prisoner's dilemma problems that constitute the 'problem of social order'. (...) In this Hume's argument is indebted to the original form of this argument found in Hobbes's Leviathan. (shrink)

Ralph Cudworth (1617–1688) is a member of the group of philosophers and theologians commonly called ‘the Cambridge Platonists’. Although not part of the canon of great early modern philosophers, Cudworth’s work is of more than merely passing interest. Cudworth was an influential philosopher in the early modern period both for his criticisms of contemporaries like Hobbes, Descartes, and Spinoza, and for his own distinctive philosophical views. This entry focusses on Cudworth’s views on mind and body, considering both his criticisms of (...) contemporaries’ theories of mind and body, and outlining his alternative form of dualism in which plastic nature plays a central role. (shrink)

In its enunciation of “We the people,” the Constitution of the United States of America becomes a constitution of the flesh as it simultaneously invokes a constitution, a nation and a people. Correspondingly, its amendments as a list of rights pertaining to sex and race discrimination, and freedoms of bodily movement and action, assert the Constitution’s authority through the evocation of “natural” human bodies. In this article, I explore the way in which a sovereignty of the United States’ Constitution is (...) realised in the particularlised bodies of its citizens. The fundamental and foundational laws of the United States, and the narratives and myths used to interpret them, are in part rendered legitimate by the Constitution’s embodiment, which extends from its physical manifestation in written documents into the flesh of its citizens. In order to make this argument, I turn to the film The Matrix (1999), the success of which relies on an investment in bodies and the United States’ Constitution as matter through its interwoven narrative themes of human slavery and emancipation, reality and computer-generated simulation. At the same time, The Matrix extends its ideological play into the bodies of its audience, who experience the film’s thrillingly sensorial fantasies of constitutional rights while enjoying its affective special effects. Thus, the sovereign authority of United States constitutional law is experienced as “natural” through the phenomenological experience of cinema. (shrink)

Die Frage nach der Gerechtigkeit im Gesundheitswesen wird aus der Perspektive einer allgemeinen Theorie der Gerechtigkeit betrachtet. Diese Theorie ist ein Befähigungsansatz, der zwischen 1) der Grundversorgung aller Bürger mit Grundbefähigungen, 2) einem gerechten Anteil an den Früchten gesellschaftlicher Kooperation und 3) individuell erstrebten Gütern und Leistungen differenziert. Die Anwendung dieser Theorie reagiert auf charakteristische Probleme der Allokation im Gesundheitssektor: den prinzipiell ungedeckten Bedarf, die mangelnde Zurechenbarkeit des Bedarfes und die asymmetrische Informationsstruktur zwischen Patienten und Leistungserbringern.

Social thinkers often use the concept of intersubjectivity to mark out a problem of theoretical sociology: If people are unable to look into each others' minds, why do they often understand each other nonetheless? This issue has been debated extensively by philosophers and sociologists in three largely disconnected discourses. The article investigates the three discourses for isolable ideas that can be fitted into a sociological answer to the problem of intersubjectivity. An interactional solution, fully coherent with key insights from the (...) discourses, is offered at the end of the article. Its main point is to identify coordinative interactional mechanisms that compel participants to "make themselves understandable" vis-à-vis their interaction partners. (shrink)

Robert Alexy defines law as including a claim to moral correctness and demonstrating social efficacy. This paper argues that law's social efficacy is not merely an observable fact but is undergirded by moral commitments by rulers that it is possible for their subjects to follow the rules, that the rulers and others will also follow the rules, that subjects will be protected from violence if they act in accordance with the rules, and that subjects will be entitled to legal redress (...) if others act violently towards them otherwise than in accordance with the rules. Alexy is correct in his conclusion that a system of norms that is not by and large socially efficacious is not a valid legal system, but wrong insofar as he follows legal positivism in distinguishing this aspect of law's validity from law's claim to moral correctness. (shrink)

Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing (...) to Aquinas' double-effect reasoning, it is shown how they try to avoid the above-mentioned incoherence. Still, their appeal might be insufficient to palliate the tension between the above-mentioned claims. If just wars are possible, the deliberate harming of the innocent is reasonably unavoidable for defeating and punishing those who wage them. Hence, defenders of just wars, whether from a religious or a secular perspective, must live with such a tension. (shrink)

The classical social contract tradition of the seventeenth and eighteenth centuries has come under significant scrutiny from those interested in the place of women in the philosophical canon, and Thomas Hobbes has been indicted along with John Locke, Immanuel Kant, and Jean‐Jacques Rousseau. These philosophers have been accused of holding misogynistic beliefs and, more damningly, founding their theories on sexist and patriarchal assumptions. This paper explores the extent to which Hobbes deserves his place on the list of the condemned.

Historically, philosophers have had little to say about justice and disability. However, in recent years and in response to disability rights movements, philosophers have started to consider the claims to justice of persons with mental and physical impairments. Importantly, some have charged that without extensive revision, social contract accounts of justice – which enjoy immense popularity among political philosophers – cannot address the needs and interests of persons with disabilities. In this article, I explain why social contract accounts are thought (...) to flounder when it comes to justice for persons with disabilities. Then I assess the merits of recent attempts to construct theories of justice inclusive of persons with disabilities. In particular, I consider Nussbaum’s capabilities approach, Kittay’s justice as caring, and various restatements of the social contract. (shrink)

An influential tradition in moral philosophy attempts to explain an immoral action by reference to the defect in reasoning on the part of an immoral agent. On this view, the requirements of morality are not only sanctioned by the more general requirements of rationality, but the violations of the moral requirements would be indicative of a rational failure. In this article I argue that ascription of irrationality to amoral individuals (e.g., psychopaths) is either empirically false, or else, conceptually problematic. An (...) interpretation of irrationality in its instrumental sense fails to do justice to the results of the research concerning the intelligence of some amoralists, whereas the suggestion that the alleged cognitive deficiency lies at the level of final ends and ultimate values faces serious theoretical difficulties. All attempts to construe the notion of an external reason for action without reference to the agent's actual goals and values bespeak an objectivist's bias, rest on controversial assumptions, and tend to alienate the agent from the proposed set of reasons. The argument is partly based on the analysis of reasoning of Ted Bundy, a notorious serial murderer, who presents a rather sophisticated justification for his criminal behavior. (shrink)

In the Essay Concerning Human Understanding, Locke maintains that ?Reason must be our last Judge and Guide in every Thing,? including matters of religious faith, and this commitment to the primacy of reason is not abandoned in his later religious writings. This essay argues that with regard to the relation between reason and religious faith, Locke is primarily concerned not with evidence, but with consistency, meaning, and how human beings ought to respond to their inclinations, including their inclinations to believe. (...) Leibniz, on the other hand, stakes out an alternative conception of the relationship between faith and reason that assigns to faith the role of a primary truth. For Leibniz, some religious propositions can be believed immediately and without an additional examination and evaluation by reason. The essay maintains that the differences between the two regarding faith and reason are tied to a broader disagreement about how much of the human understanding is due, in Locke's words, to ?Labour, Attention and Industry? (shrink)

This article examines the existing confusion over the multiple leadership styles related to successful implementation of corporate social responsibility/sustainability in organisations. The researchers find that the problem is the complex nature of sustainability itself. We posit that organisations are complex adaptive systems operating within wider complex adaptive systems, making the problem of interpreting just in what way an organisation is to be sustainable, an extraordinary demand on leaders. Hence, leadership for sustainability requires leaders of extraordinary abilities. These are leaders who (...) can read and predict through complexity, think through complex problems, engage groups in dynamic adaptive organisational change and have the emotional intelligence to adaptively engage with their own emotions associated with complex problem solving. Leaders and leadership is a key interpreter of how sustainability of the organisation ‘links’ to the wider systems in which the organisation sits, and executing that link well requires unusual leaders and leadership systems. (shrink)

Altruism is a deep and complex phenomenon that is analysed by scholars of various disciplines, including psychology, philosophy, biology, evolutionary anthropology and experimental economics. Much confusion arises in current literature because the term altruism covers variable concepts and processes across disciplines. Here we investigate the sense given to altruism when used in different fields and argumentative contexts. We argue that four distinct but related concepts need to be distinguished: (a) psychological altruism , the genuine motivation to improve others’ interests and (...) welfare; (b) reproductive altruism , which involves increasing others’ chances of survival and reproduction at the actor’s expense; (c) behavioural altruism , which involves bearing some cost in the interest of others; and (d) preference altruism , which is a preference for others’ interests. We show how this conceptual clarification permits the identification of overstated claims that stem from an imprecise use of terminology. Distinguishing these four types of altruism will help to solve rhetorical conflicts that currently undermine the interdisciplinary debate about human altruism. (shrink)

Welfare is at least occasionally a temporal phenomenon: welfare benefits befall me at certain times. But this fact seems to present a problem for a desire-satisfaction view. Assume that I desire, at 10am, January 12th, 2010, to climb Mount Everest sometime during 2012. Also assume, however, that during 2011, my desires undergo a shift: I no longer desire to climb Mount Everest during 2012. In fact, I develop an aversion to so doing. Imagine, however, that despite my aversion, I am (...) forced to climb Mount Everest. Does climbing Mount Everest benefit me? If so, when? A natural answer seems to be that if in fact it does benefit me, it benefits me at no particular time, and hence the desire-satisfaction view cannot accommodate the phenomenon of temporal welfare. In this paper, I argue, first, that a desire-satisfaction view can accommodate the phenomenon of temporal welfare only by accepting what I call the “time-of-desire” view: that p benefits x at t only if x desires p at t . Second, I argue that this view can be defended from important objections. (shrink)

Many philosophers believe that agents are self-ruled only when ruled by their (authentic) selves. Though this view is rarely argued for explicitly, one tempting line of thought suggests that self-rule is just obviously equivalent to rule by the self . However, the plausibility of this thought evaporates upon close examination of the logic of ‘self-rule’ and similar reflexives. Moreover, attempts to rescue the account by recasting it in negative terms are unpromising. In light of these problems, this paper instead proposes (...) that agents are self-ruled only when not ruled by others. One reason for favouring this negative social view is its ability to yield plausible conclusions concerning various manipulation cases that are notoriously problematic for nonsocial accounts of self-rule. A second reason is that the account conforms with ordinary usage. It is concluded that self-rule may be best thought of as an essentially social concept. (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)

Experimental philosophers have disagreed about whether "the folk" are intuitively incompatibilists or compatibilists, and they have disagreed about the role of abstraction in generating such intuitions. New experimental evidence using Construal Level Theory is presented. The experiments support the views that the folk are intuitively both incompatibilists and compatibilists, and that abstract mental representations do shift intuitions, but not in a univocal way.

This paper calls attention to matsyanyaya, or state of nature theories, in classical Indian thought, and their significance. The focus is on those discussions of matsyanyaya found in the law books, political treatises and the Mahabharata epic. The significance and relevance of matsyanyaya theories are shown through a comparison with early modern state of nature theories and an elaboration on the possible place of rights and dharma in matsyanyaya and the consequences of this for classical Indian political theory.

The fictionalist paradigm is introduced, and differentiated from other paradigms, using the Lincoln & Guba template. Following an initial overview, the axioms of fictionalism are delineated by reference to standard metaphysical categories: the nature of reality, the relationship between knower and known, the possibility of generalization, the possibility of causal linkages, and the role of values in inquiry. Although a paradigm's ‘basic beliefs’ are arbitrary and can be assumed for any reason, in this paper the fictionalist axioms are supported with (...) philosophical considerations, and the key differences between fictionalism, positivism, and constructivism are briefly explained. Paradigm characteristics are then derived, focusing particularly on the methodological consequences. Towards the end of the paper, various objections and misunderstandings are discussed. (shrink)

Recently, the ‘right to die’ became a major social issue. Few agree suicide is a right tout court. Even those who believe suicide (‘regular’, passive, or physician-assisted) is sometimes morally permissible usually require that a suicide be ‘rational suicide’: instrumentally rational, autonomous, due to stable goals, not due to mental illness, etc. We argue that there are some perfectly ‘rational suicides’ that are, nevertheless, bad mistakes. The concentration on the rationality of the suicide instead of on whether it is a (...) mistake may lead to permitting suicides that should be forbidden. (shrink)

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)

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)

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.

This paper explores two feminist contributions to the analysis of the social contract tradition, comparing the political philosophy of Carole Pateman with the moral theory of Jean Hampton, to ask two questions. First, which points must feminists continue to argue in their critique of the social contract tradition today? The second question is: Can feminists actually draw anything from the social contract tradition today? It argues that Pateman's critique of contractarianism continues to be useful when read in the context of (...) her analysis of “self‐ownership” and subordination rather than as a rewriting of the social contract. Hampton's deployment of a Kantian test for the failure of respect for personhood within domestic (and other) relationships does not undermine Pateman's position. Consideration of how such an ideal can be understood as potentially compatible with Pateman's perspective raises issues about the radical potential within claims for equal respect for personhood. In Hampton's work, widespread “test failure” can be used to indicate that political action rather than moral analysis is required. Hampton assumes that those employing the test are able to abstract themselves sufficiently from their current position to imagine what it would be to be treated as a person. It is argued that this “moral test” should be envisaged as being asked in concert with others, at which point it has the potential to become political action. (shrink)

While Descartes’s Passions of the Soul has been taken to hold a place in the history to human physiology, until recently philosophers have neglected the work. In this research summary, I set Descartes’s last published work in context and then sketch out its philosophical significance. From it, we gain further insight into Descartes’s solution to the Mind--Body Problem -- that is, to the problem of the ontological status of the mind--body union in a human being, to the nature of body--mind (...) causation, and to the way body-caused thoughts represent the world. In addition, the work contains Descartes’s developed ethics, in his account of virtue and of the passion of générosité in particular. Through his taxonomy of the passions and the account of their regulation, we also learn more about his moral psychology. (shrink)

In "Toward an Augustinian Liberalism," Paul Weithman argues that modern liberal institutions should be concerned with the political vice of pride as a threat to the neutral, legitimate use of public power that liberalism demands. By directing our attention to pride, Weithman attempts to provide an incentive to and foundation for an Augustinian liberalism that can counteract this threat. While Weithman is right to point to the centrality of pride in understanding the modern liberal tradition, an investigation of the early (...) modern reflections on pride in politics reveals a deeper tension between Augustine and modern liberalism than Weithman's analysis acknowledges. This essay discusses this tension by focusing on Hobbes's account of pride and equality in the commonwealth, asking whether Hobbes can be understood as a thinker in the Augustinian political tradition. In order to provide a background on pride as a political vice, this essay contrasts Aristotelian magnanimity with Augustinian humility. Finally, Aquinas's attempt to reintroduce magnanimity into the Augustinian political tradition is considered as a more consistent development of Augustine's thought, thereby revealing more pointedly the tension between Augustine and modern liberalism. By way of conclusion, the possibility of deflating this tension is briefly addressed by considering Jean Bethke Elshtain's discussion of an Augustinian liberalism that does not rely upon a "secular" conception of human nature. (shrink)

The Scottish Enlightenment is commonly identified as the birthplace of modern social science. But while Scottish and contemporary social science share a commitment to empiricism, contemporary insistence on the separation of empirical analysis from normative judgment invokes a distinction unintelligible to the Scots. In this respect the methods of modern social science seem an attenuation of those of Scottish social science. A similar attenuation can be found in the modern aspiration to judge the outcome of institutions or processes only with (...) regard to efficiency. While the tenet that efficiency is preferable to inefficiency is central to Scottish social thought, the Scots regarded maximization of quantifiable returns as only one among three ends that well-functioning institutions and processes promote. Scottish social science speaks also of virtue and liberty where ours speaks only of utility. This essay develops these differences in three sections. Its first section compares Scottish and contemporary understandings of social science methods. Its second section examines how these differing methodologies inform their differing conceptions of human flourishing and particularly led Scottish social science to focus on virtue and freedom in addition to wealth. The essay concludes by calling attention to three movements in social science today which might help us recover the best features of Scottish social science. (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)