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)

The controversy over law and morality between positivists and normativists is largely a result of failure on both sides to understand the idea of authority. The author argues that Plato, Aristotle, Aquinas and Hobbes held a common notion of legal authority that was distinctively moral. They all saw the virtue of law (and the source of legal obligation) in the equal protection it provides for all against the disorder to which passion makes men vulnerable, and not in the justice of (...) its provisions. Michael Oakeshott, among contemporary theorists, best illustrates this approach to a resolution of the differences between positivists and normativists. (shrink)

In this paper, the author responds to the claim that his critique of legal positivism, based on an account of adjudication in South Ahica, misses its target because it ignores, first, the positivist thesis of judicial discretion and, secondly, the fact that positivism offers no account of judicial obligation. He argues that these theses expose a tension in positivism between its commitments to liberal individualism and to the supremacy of positive law, a tension which can be resolved only by situating (...) positivism in its true context, the Hobbesian argument for the legitimacy of law. Following Dworkin, he advocates the practice‐oriented common law tradition, one that makes the legitimacy of law a matter of standards already implicit in law which are best revealed in adjudication. (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)

Hegelian‐Marxian doctrines of dialectic progress through war and conflict are traced to Christian theosophy of historical necessity and “imperialistic missionarism.” Jewish fossilized existence is traced to its antiproselytizing “kibbutz” ideology of dialogic coexistence. Tolerance is possible either through an ideological balance of terror between equal opposing powers or through mutual volitionary space evacuating Cabalic style contraction. According to the Biblical definition of covenant, brit, a coexisting shalom (peace) is possible only through separating and rebinding which comprises the shalem (complete). Japanese (...) Makuya Christianity is presented as an anti‐imperialistic model for mutual contraction facilitating the coexisting shalom‐shalem between equals who are different but not indifferent to each other. (shrink)

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

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)

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)

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)

In the last decade there has been a pragmatic turn in the work of those doing Christian ethics, especially as represented by the work of Jeffrey Stout and Franklin Gamwell. The pragmatic turn represents a critique of the highly influential work of Stanley Hauerwas and Alasdair MacIntyre, which argues for a strongly intra-church ethics. The pragmatists are correct in arguing that Christian ethics must engage the public sphere. However, I argue that they are deeply mistaken in their claim that this (...) engagement must rest on a weak or non-existent theology. I show that the claim that robust theology adds nothing to ethics, and that we can get along without it, is unsustainable. (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)

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)

I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...) the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy. (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)

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non-coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests (...) that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity. (shrink)

Axelrod (The evolution of cooperation, 1984) and others explain how cooperation can emerge in repeated 2-person prisoner’s dilemmas. But in public good games with anonymous contributions, we expect a breakdown of cooperation because direct reciprocity fails. However, if agents are situated in a social network determining which agents interact, and if they can influence the network, then cooperation can be a viable strategy. Social networks are modelled as graphs. Agents play public good games with their neighbours. After each game, they (...) can terminate connections to others, and new connections are created. Cooperative agents do well because they manage to cluster with cooperators and avoid defectors. Computer simulations demonstrate that group formation and exclusion are powerful mechanisms to promote cooperation in dilemma situations. This explains why social dilemmas can often be solved if agents can choose with whom they interact. (shrink)

How can abductive reasoning be physical, feasible, and reliable? This is Fodor’s riddle of abduction, and its apparent intractability is the cause of Fodor’s recent pessimism regarding the prospects for cognitive science. I argue that this riddle can be solved if we augment the computational theory of mind to allow for non-computational mental processes, such as those posited by classical associationists and contemporary connectionists. The resulting hybrid theory appeals to computational mechanisms to explain the semantic coherence of inference and associative (...) mechanisms to explain the efficient retrieval of relevant information from memory. The interaction of these mechanisms explains how abduction can be physical, feasible, and reliable. (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)

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

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)

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

Seth suggests that the transformation of the international system from a system of states to a system of nation-states has had profound consequences for international relations, consequences not fully grasped in international relations theory.

The objection Hobbes raises in the voice of the Fool against his own argument is, apparently, that it is sometimes rational to break covenant. Hobbes's answer is puzzling, both because it seems implausible and also because it seems at odds with some of his own views. This article reviews several strategies critics have taken in trying to show that Hobbes's answer is more plausible than it seems and one attempt to show that the Fool's objection concerns the action of breaking (...) covenant only indirectly. (shrink)

What role should the physician's conscience play in the practice of medicine? Much controversy has surrounded the question, yet little attention has been paid to the possibility that disputants are operating with contrasting definitions of the conscience. To illustrate this divergence, we contrast definitions stemming from Abrahamic religions and those stemming from secular moral tradition. Clear differences emerge regarding what the term conscience conveys, how the conscience should be informed, and what the consequences are for violating one's conscience. Importantly, these (...) basic disagreements underlie current controversies regarding the role of the clinician's conscience in the practice of medicine. Consequently participants in ongoing debates would do well to specify their definitions of the conscience and the reasons for and implications of those definitions. This specification would allow participants to advance a more philosophically and theologically robust conversation about the means and ends of medicine. (shrink)

Seth Pringle-Pattison (233n1) observed that Locke “teaches a twofold mystery—in the first place, of the essence (‘for the powers or qualities that are observable by us are not the real essence of that substance, but depend upon it or flow from it’), and in the second place, of the substance itself (‘Besides, a man has no idea of substance in general, nor knows what substance is in itself.’ Bk. II.31.13).” In this paper, I’ll explain the relation between the two mysteries. (...) Our Rosetta Stone is Locke’s argument that we understand body and spirit equally well since we are ignorant of their underlying substances but we “have distinct clear Ideas of two primary Qualities, or Properties” (2.23.30) of each. I’ll show that he is working with a restricted notion of primary quality in this passage, but one that demonstrably falls under the kind defined in his chapter on primary and secondary qualities. According to Locke, the fundamental primary qualities of bodies flow from corporeal substances and the determinations of these fundamental qualities constitute real essences. Locke’s discussion can’t be understood without understanding the relevant scholastic background. In the first half of my paper, I’ll explain his argument as an idiosyncratic application of doctrines he learned and taught at Oxford. In the second half, I’ll use lessons from my interpretation of the argument to explain the relation that Locke believes obtains between a substance and its fundamental primary qualities, and then I’ll build upon that explanation to elucidate his general account (insofar as he has a general account) of the inherence of qualities in corporeal substances. (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)

Let libertarianism be the view that humans are capable of making decisions that are simultaneously undetermined and appropriately non-random. It’s often argued that this view is incoherent because indeterminacy entails randomness (of some appropriate kind). I argue here that the truth is just the opposite: the right kind of indeterminacy in our decisions actually entails appropriate non-randomness, so that libertarianism is coherent, and the question of whether it’s true reduces to the wide-open empirical question of whether certain of our decisions (...) (which I characterize here) are undetermined at the moment of choice. Moreover, the version of libertarianism developed here is entirely naturalistic and event-causal. (shrink)