The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...) complementary devices through which our freedom and equality can be reconciled with moral and political authority. We should not think that there is simply one way by which relations of moral and political authority can be reconciled with our status as free and equal. I defend three distinct devices through which freedom and authority may be reconciled: justification to others, social choice and promise. All three are aspects of the ?consent tradition? broadly construed. (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)

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)

The concept of sovereignty is one of the central concepts of modern political philosophy. However, faced with processes of economic globalization as well as legal and political universalism, contemporary political theory struggles to account for the exercise of state power in terms of the traditional understanding of sovereignty. This survey article reviews the most influential conceptualizations of sovereignty in contemporary continental political philosophy. These include Schmitt’s defense of sovereignty and Agamben’s rejection of sovereign politics as well as a number of (...) theoretical attempts to account for the complexities of sovereignty and its adaptation to new political circumstances. (shrink)

This article surveys the major historical developments in Western philosophical reflection on war. Section 2 outlines early development in Greek and Roman thought, up to and including Augustine. Section 3 details the systematization of Just War theory in Aquinas and his successors, especially Vitoria, Sua´rez, and Grotius. Section 4 examines the emergence of Perpetual Peace theory after Hobbes, focusing in particular on Rousseau and Kant. Finally, Section 5 outlines the central points of contention following the reemergence of Just War theory (...) in the 1970s. (shrink)

The importance of Pyrrhonism to Hobbes's political philosophy is much greater than has been recognized. He seems to have used Pyrrhonist arguments to support a doctrine of moral relativity, but he was not a sceptic in the Pyrrhonist sense. These arguments helped him to develop his teaching that there is no absolute good or evil; to minimise the purchase of natural law in the state of nature and its restrictions on the right of nature; virtually to collapse natural law into (...) civil law; and to make the sovereign the political, moral and theological epicenter of his political system. (shrink)

This essay argues that political realism is an effective heuristic for understanding The Book of Lord Shang, which it compares to the political thought of Machiavelli and Hobbes. It first lays out the premises of political realism as they emerge from this comparison: the real is the guiding heuristic of political realism; historical change is the fundamental condition; the nature of human beings is selfish but can also form customs favorable to political order. Based on these premises, the essay then (...) discusses the major propositions of political realism: the purpose of central authority is to provide the multitude with the benefits of order and to reward the ruler; the benefits of order warrant the commission of cruel deeds, also called the reason of state in the West; legal and extra-legal actions are the means by which the central authority imposes order and counters contingency; punishment is the primary means to make the laws prevail. The essay closes with considering the question of whether a fully implemented realist order could put an end to historical change. (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)

In this paper I offer a fresh interpretation of Leibniz’s theory of space, in which I explain the connection of his relational theory to both his mathematical theory of analysis situs and his theory of substance. I argue that the elements of his mature theory are not bare bodies (as on a standard relationalist view) nor bare points (as on an absolutist view), but situations. Regarded as an accident of an individual body, a situation is the complex of its angles (...) and distances to other co-existing bodies, founded in the representation or state of the substance or substances contained in the body. The complex of all such mutually compatible situations of co-existing bodies constitutes an order of situations, or instantaneous space. Because these relations of situation change from one instant to another, space is an accidental whole that is continuously changing and becoming something different, and therefore a phenomenon. As Leibniz explains to Clarke, it can be represented mathematically by supposing some set of existents hypothetically (and counterfactually) to remain in a fixed mutual relation of situation, and gauging all subsequent situations in terms of transformations with respect to this initial set. Space conceived in terms of such allowable transformations is the subject of Analysis Situs. Finally, insofar as space is conceived in abstraction from any bodies that might individuate the situations, it encompasses all possible relations of situation. This abstract space, the order of all possible situations, is an abstract entity, and therefore ideal. (shrink)

For the last 50 years the idea of consumer rights has formed an essential element in the formulation of policy to guide the workings of the marketplace. The extent and coverage of these rights has evolved and changed over time, yet there has been no comprehensive analysis as to the purpose and scope of consumer rights. In moral and ethical philosophy, rights are integrally linked to the notion of justice. By reassessing consumer rights through a justice-based framework, a number of (...) key issues emerge regarding the way in which markets enable justice for consumers. The consumer rights which underpin the United Nations consumer protection guidelines address all forms of justice to some degree, but the predominant focus is on procedural justice. Our conclusions question whether this is sufficient and also whether there is a case to develop the notion of consumer ‘duties’ that complement the idea of rights. (shrink)

In including a well-regulated pride among the virtues that are both useful and agreeable to oneself, Hume challenges not only theological, but also secular accounts that view pride as a vice. I examine Hume's evolving views on pride in relation to the secular view that regards pride as vicious. I suggest Hume's account of pride in his later moral philosophy has a new emphasis on dignity, and reflects a distinctively modern outlook on the role of humanity in evaluating virtue and (...) vice. (shrink)

(2013). Hume's Theory of Pity and Malice. British Journal for the History of Philosophy: Vol. 21, No. 2, pp. 324-344. doi: 10.1080/09608788.2012.692664.

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)

Abstract In this paper I set the debate between Kant and Schiller in terms of the role that an ideal of life can play within an autonomist ethic. I begin by examining the critical role Schiller gives to emotions in tackling specific motivational concerns in Kant's ethics. In the Kantian response I offer to these criticisms, I emphasise the role of metaphysics for a proper understanding of Kant's position whilst allowing that with respect to moral psychology, Kant and Schiller are (...) in agreement about the importance of emotions in our moral lives. I conclude by returning to the themes broached in the introduction to consider the extent to which the teleological concerns that motivate Schiller can be addressed within Kant's autonomist ethics. (shrink)

The aim of this paper is to critically review the game-theoretic discussion of Hobbes and to develop a game-theoretic interpretation that gives due attention both to Hobbes's distinction between “moderates” and “dominators” and to what actually initiates conflict in the state of nature, namely, the competition for vital goods. As can be shown, Hobbes's state of nature contains differently structured situations of choice, the game-theoretic representation of which requires the prisoner's dilemma and the assurance game and the so-called assurance dilemma. (...) However, the “state of war” ultimately emerges from situations that cannot be described by any of these games because they represent zero-sum games in which the outcome of mutual cooperation does not exist. (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.

Over the past 20 years, there has been a huge amount of work on which things you can kill in self‐defense and why. This paper surveys that work.

This paper considers the relation between mytho-poetic narrative and practical philosophy in an Idealist/Romantic fragment, usually attributed to Hegel, known as the ‘System-programme’. Like many works of the young Hegel, the text seeks political reform through a reform of religion and suggests that for politics to be truly motivating reason must be embedded in mytho-poetic discourse. This Hegelian ‘reform’ is in the service of a new, sensuous, practical rationality and a motivating political praxis. The paper places these issues in the (...) context of the religious thought of J.J. Rousseau, particularly his religious themes, as presented in The Social Contract . The paper also connects these issues to a political problem identified in recent work by Simon Critchley, the problem of practical or moral motivation. Critchley claims that while citizens of secular, liberal, democratic societies experience the political norms that shape their lives as externally binding, these norms are not internally compelling. Against this he claims that what are motivating are frameworks of belief that call the secular project into question. At least one of Critchley’s solutions to this problem is connected to the sphere of the religious. While accepting the idea that connecting social and political problems to religion can render them motivating, this paper will withhold from endorsing either the solution offered by the young Hegel in the ‘System-programme’ or Critchley’s, and raises doubts also about the Rousseauian response . It argues that these solutions fail to adequately address the problem they face: how to render contemporary political life internally compelling for modern political subjects? (shrink)

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)

An important constraint on the nature of intrinsic value---the “Supervenience Principle” (SP)---holds that some object, event, or state of affairs ϕ is intrinsically valuable only if the value of ϕ supervenes entirely on ϕ 's intrinsic properties. In this paper, I argue that SP should be rejected. SP is inordinately restrictive. In particular, I argue that no SP-respecting conception of intrinsic value can accept the importance of psychological resonance, or the positive endorsement of persons, in explaining value.

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)

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)

The author analyzes the relations between truth and law starting from the distinction between practical and theoretical spheres. He shows, first, how moral and legal statements and reasoning are connected with an operation of weighing and balancing different values and principles and how this operation is ultimately based on personal and intuitive preferences and feeling. The criteria developed by the theoretical sciences to define truth (coherence, consensus and pragmatic success) can only be translated into practical statements as criteria of correctness (...) because we cannot affirm that a norm or value statement is true or false. The three criteria become interrelated indices of correctness: They are criteria for rational discourse. (shrink)

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)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Ecological Ethics: An IntroductionDavid Keller (bio)Patrick Curry, Ecological Ethics: An Introduction. Malden, Massachusetts: Polity Press, 2007, 173pages.Were I in Bath having drinks with Patrick Curry, we would have much to agree about. Explaining his choice of title of his book, Ecological Ethics, he rightly points out that the more common descriptor "environmental ethics" presupposes a dualism between human beings and the nonhuman environment—an assumption which is itself anthropocentric (...) (p. 4). For philosophers interested in studying the human/ nonhuman dynamic, the legitimacy of anthropocentrism is itself an open question. Because the word 'ecology' treats humans, as biota, as integral parts of ecological systems, the phrase "ecological ethics" is less presumptuous and hence more accurate. The word 'ecological' also has the benefit of conveying the message that the subject is notgoing to involve extending moral considerability from humans out into the "environment." Instead, ecological systems as the locus of value provide the starting point for the elaboration of ethics (p. 2). For Curry, as for Leopold (1960) and Callicott (1989), "ecological community" is coextensive with the ethical community.To correlate the ethical community with the biotic community within the rubric of "ecological ethics" is nothing novel. Curry's claim that "there is something ancient about an ecological ethic" (p. 7) got me thinking: [End Page 153]prior to Abrahamic monotheism and Greek rationalism, ancient peoples, particularly nomadic hunter-gatherers, probably considered themselves as integral parts of what encompassed them, moving with herds, in concert with meteorological and seasonal changes, seeing themselves as one amongst other living beings. They probably did not see themselves apart from the "environment" as we have learned to do. Then with the advent of agriculture, linear furrows and controlled inundations must have fostered an addictive sense of security from flood and famine. Later, the innovations of industrial civilization further distanced us from the caprice of nature's wild vicissitudes. Yet that comfort comes at the expense of lost awareness of our responsibilities as bioticcitizens. Therefore, Curry says, following Sylvan (1973), we need a new ecological ethic since traditional Western morality "is no longer up to the job" (ibid.).Curry remarks that ethics, cast in this light, is not something "optional," something to be addressed after one's belly is full, debts settled, and lodging secured. Rather, ethics cuts directly to the core of human action, of all human activity (p. 5)—a claim reminiscent of Socrates' exhortation to Thrasymachus that it is no small matter that they are discussing, nothing of less importance than the right way to live one's life (Plato 2005, p. 603).Over the first sips of ale, I would praise him for giving his book a simple and straightforward structure that makes a challenging subject accessible, especially to students. After laying down the groundwork of basic concepts in moral philosophy (chapter 3)—objectivism versus relativism, the problem of the is/ought gap, religious morality and environmental philosophy (domination, stewardship, and managerialism), and virtue and rule-based ethics (chapter 4)—Curry addresses axiology (chapter 5). Are humans the sole locus of value (anthropocentrism), or are there other entities worthy of some sort of moral consideration who themselves do not carry the burden of moral responsibility (zoocentrism, biocentrism, ecocentrism)? Curry answers the latter in the affirmative, arguing that ontological interconnectedness of humans with other living beings within ecological systems discloses that something greater than humanity is the locus of value (p. 46).The most useful part of the book for my students out in Utah would be the middle chapters (6–8) in which Curry casts degrees of nonanthropocentrism [End Page 154]in shades of green. These shades range from light green or "shallow" anthropocentric ethics such Bookchin's Social Ecology (p. 50), Hardin's Lifeboat Ethics (pp. 52–54), and mainstream environmentalism (p. 51), through medium green ethics based on the extension of traditional human-oriented moral philosophy to nonhumans such as Singer's Animal Liberation (pp. 56–59), Regan's Animal Rights (pp. 59–60), and Taylor's Biocentrism (pp. 60–62). Curry proceeds to the dark green ethics of ecocentrism, such as Land Ethics (pp. 65–68), the Gaia Hypothesis (pp. 68–71... (shrink)

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

This paper examines the tensions in classical liberal theory ? particularly that of Locke and Kant ? between reason and conscience, and in contemporary liberal theory between the demands of reasonableness and the dictates of conscience. We intend to show that the relationship between reasonableness and conscience is both unstable and necessary; on occasions there seems to exist a moral obligation to provide public reasons for our conduct and at other times the silent call of conscience precludes public justification of (...) conscientious objection or dissent. (shrink)

Hume is rightly credited with giving a brilliant, and perhaps the best, account of justice as convention. Hume's importance as a forerunner of modern economics has also long been recognized. However, most of Hume's readers have not fully appreciated how closely Hume's analysis of convention foreshadows a particular branch of economic theory, namely, game theory. Starting with the work of Barry, Runciman and Sen and Lewis, there has been a flowering of literature on the informal game-theoretic insights to be found (...) in classics of political philosophy such as Hobbes, Locke, Hume and Rousseau. A number of authors in this tradition, including Lewis, Gauthier, Mackie, and Postema, have identified passages in Hume which they interpret as giving informal examples of specific games. Yet, unlike his predecessors, Hobbes and Locke, Hume does much more than present examples which have a game-theoretic structure. In his account of convention, Hume gives general conditions which characterize the resolution of social interaction problems, and in the examples he uses to illustrate this account, Hume outlines several different methods by which agents can arrive at such a resolution. Hume's general account of convention and his explanations of the origins of particular conventions together constitute a theory of strategic interaction, which is precisely what game theory aspires to be. (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)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

Abstract. Revelations in the United States of secret legal opinions by the Department of Justice, dramatically altering the conventional interpretations of laws governing torture, interrogation, and surveillance, have made the issue of "secret law" newly prominent. The dangers of secret law from the perspective of democratic accountability are clear, and need no elaboration. But distaste for secret law goes beyond questions of democracy. Since Plato, and continuing through such non-democratic thinkers as Bodin and Hobbes, secret law has been seen as (...) a mark of tyranny, inconsistent with the notion of law itself. This raises both theoretical and practical questions. The theoretical questions involve the consistency of secret law with positivist legal theory. In principle, while a legal system as a whole could not be secret, publicity need not be part of the validity criteria for particular laws. The practical questions arise from the fact that secret laws, and secret governmental operations, are a common and often well-accepted aspect of governmental power. This paper argues that the flaw of secret law goes beyond accountability and beyond efficiency to the role that law plays, and can only play, in situating subjects' understanding of themselves in relation to the state. Secret law, as such, is inconsistent with this fundamental claim of the law to orient us in moral and political space, and undermines the claim to legitimacy of the state's rulers. (shrink)

Is the principal concern of political philosophy the source of political authority? And, if so, can this source be located in individual consent? In this article I draw on Rousseau to answer the second question negatively; and in rejecting that answer, why we might answer the first question in the negative as well. We should be concerned with questions of legitimacy rather than with the source of authority and political obligation. Our principal concern, that is, should be with the question (...) how well political institutions meet the needs of individuals. I pursue these issues in the context of interpreting Rousseau's distinctive contribution to political thought. I start out by asking the question 'What problem is the General Will designed to solve?' I argue that Rousseau's challenge to Hobbes represents a crucial step in the move from the source of authority and political obligation to a focus on legitimacy. (shrink)

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

Rousseau's political thought has been accredited with major influence upon subsequent radical democratic thinking, but in fact its contradictions and obscurities render the real import of its legacy deeply ambiguous. This article aims to identify its central message through clarification of the Social Contract's presuppositions and prescriptions, interpreted in the light of his other writings. Although the modernity of his thought is evident in the priority he gives to individual freedom, Rousseau's disturbing novelty lies in his belief that this can (...) only be reconciled with the interests of political community when people are, by contemporary standards, severely underdeveloped in their individuality. For him, modern socialization irreversibly blocks this reconciliation and compounds the oppression of individuals by distorting their authentic identities. Thus, Rousseau ought to be seen as offering nothing but a critique of any aspiration to salvage genuine liberty in society now. The article urges a redefinition of his contribution to political thought and depicts him as an early articulator of powerful challenges to the main aims of contractarian and democratic theory, which the latter is still unwisely apt to ignore. (shrink)

The primary aim of this paper is to accentuate those features that distinguish Levinasian ethics from the egoism that prevails in management thought. It focuses on differences in the constitution of the subject, how Levinas seeks an ethics that goes beyond the subjective point of view that structures the self as being self-present, self-interested, free and systematic and relates to others through this perspective. Levinas's concepts are critically discussed by reading these alongside Jacques Lacan and Adam Smith, which enable observations (...) to be made about Levinas's concept of the Same and about the difference he effects between human and the nonhuman. It is concluded that it can be easy to misread Levinas in key respects in ways that may act to assimilate his thought to egoism. (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)

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)

This article investigates the link between corporate social responsibility (CSR) practices and the reasons for which legitimacy is ascribed or denied. It fills a gap in the literature on CSR and legitimacy that lacks empirical studies regarding the question whether CSR contributes to organisational legitimacy. The problem is discussed by referring to the case of De Beers’s diamond mining partnership with the Government of Namibia. A total of 42 interviews were conducted—41 with stakeholders and one with the focal organisation Namdeb. (...) The 41 stakeholder interviews are analysed with regard to cognitive, pragmatic and moral legitimacy as defined by Suchman (Acad Manage Rev 20(3):571–610, 1995 ). The main finding is that the majority of statements on organisational legitimacy refer to moral legitimacy and most issues raised in this context challenge the company’s legitimacy despite its comprehensive CSR engagement. The study demonstrates that legitimacy gaps can be a result of communication practices that raise unrealistic stakeholder expectations and that the legitimacy gained by CSR engagement in one area cannot substitute legitimacy losses caused by failures in another. (shrink)

The paper examines today’s debate on the new responsibilities of Internet service providers in connection with legal problems concerning jurisdiction, data processing, people’s privacy and education. The focus is foremost on the default rules and safe harbour clauses for ISPs liability, set up by the US and European legal systems. This framework is deepened in light of the different functions of the services provided on the Internet so as to highlight multiple levels of control over information and, correspondingly, different types (...) of liability. The new responsibilities of ISPs concern the original “end-to-end” architecture of the medium and policies on design rather than responsibility for user content and individual messages. (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.

Institutionalized practices of collective justification are central for theorizing international fairness. Institutions matter because they play a significant part in the construal of fairness claims through the provision of internal standards for moral assessment. Conceptions of international fairness must spell out how collective justification works by addressing the jurisprudential and institutional issues at stake in the specification of the moral grounds for compliance with international institutions on the one hand and international civil disobedience on the other. Theoretical models of institutions (...) that do not pay attention to collective justification are inadequate on fairness grounds. More specifically, mainstream neoliberal institutionalist accounts of international regimes are deeply problematic when used in the normative evaluation of international institutions, as they offer the wrong benchmark for moral assessment, given their roots in a brand of exchange theory that is blind to the distribution of burdens and benefits from cooperation. (shrink)