One of the greatest woman intellectuals of eighteenth-century Germany is Elise Reimarus, whose contribution to Enlightenment political theory is rarely acknowledged today. Unlike other social contract theorists, Reimarus rejects a people's right to violent resistance or revolution in her philosophical dialogue Freedom (1791). Exploring the arguments in Freedom, this paper observes a number of similarities in the political thought of Elise Reimarus and Immanuel Kant. Both, I suggest, reject violence as an illegitimate response to perceived political injustice in a way (...) that opposes Locke's strong voluntarism and the absolutism of Hobbes. First, they emphasize the need to maintain the legal state as a precondition for the possibility of external right. Second, they share an optimistic view of the inherently "just" nature of the tripartite republican state. And finally, Reimarus and Kant both outline an alternative, non-violent response to political injustice that consists in the freedom of public expression and a discourse on the moral enlightenment of man. (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.

Psychological Altruism (PA) is the view that everyone, ultimately, acts altruistically all the time. I defend PA by showing strong prima facie support, and show how a reinterpretive strategy against supposed counterexamples is successful. I go on to show how PA can be argued for in ways which exactly mirror the arguments for an opposing view, Psychological Egoism. This shows that the case for PA is at least as plausible as PE. Since the case for PA is not plausible, neither (...) is that for PE. (shrink)

Theories of the liberal tradition have relied on independence as a norm of personhood. Feminist theorists such as Eva Kittay in Love's Labor have been instrumental in critiquing normative independence. I explore the role of corporeal vulnerability in Kittay's account of personhood, developing a comparison to the role it plays in Thomas Hobbes's Leviathan. Kittay's crucial contribution in Love's Labor is that once we acknowledge the facts of corporeal vulnerability, we must not only acknowledge but also affirm dependency in a (...) genuinely inclusive affirmation of personhood. While endorsing Kittay's “dependency critique,” I discover difficulties that beleaguer Kittay's development of new norms of personhood. I trace these to a dependency of Kittay's account on a crucial premise of the liberal model it resists. I argue that in order to affirm dependency in a manner that departs more thoroughly from the criticized aspects of liberal personhood, we must cease to position it in a dichotomy of power and vulnerability. I suggest that attending to the corporeality of vulnerability can aid us in developing the terms of a discourse affirming relational personhood while undermining that dichotomy. (shrink)

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

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)

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.

Moral and theoretical deficiencies of the main foundation strategies in social and political systems (Social Engineering, Foundationalism and Invisible Hand theories) are explained by the necessity of a synthesis of different kinds of rationality, i.e., goal-rationality, norm-rationality and rightness and weighing rationality. The anthropological basis of the theory is a distinction between homo finalis and homo socialis. At the institutional level, this conception leads to a synthesis of the rule of law and the welfare state. At the political level, this (...) implies a retonsideration of the principles of democracy and political planning. (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)

Georg Wilhelm Friedrich Hegel is usually, and rightly, considered the foremost representative of the organistic conception of society. It is only natural to think that his view has nothing in common with the kind of individualistic outlook that dominates our legal and political thinking, and that I myself have tried to defend. I try to show why certain insights of Hegel are potentially important even for individualistic legal and political theories. First, I explicate some of the problems he struggled with, (...) and compare his views with those of Thomas Hobbes. Next, I try to link his views to the modern theories of institutions and of collective action. The antidemocratic ideology expressed in the main works of Hobbes and Hegel is clearly outmoded. Nevertheless, in their criticism of popular sovereignty, they posed some important questions. First, how do collectives like the People exist? Second, what do we mean by saying that collectives perform actions? It seems that, in order to perform an action, an entity ought to possess will. But what does it mean that a collective has a will? (shrink)

Abstract This article outlines Locke's theory of war as found in his political writings and seeks to redress a perceived imbalance in John Locke's morality of war. Locke's strident rejection of any sense of proportionality in warfare against unjust aggression, as read in the Second Treatise of Government, has to be tempered with his general philosophical programme against extremism of any sort. Arguably, Locke's war ethic when read alone is strict, objective, and emphatic, but when compared with his epistemological work, (...) its righteousness is reduced to extreme circumstances. (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)

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)

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

Hobbes's Leviathan transformed forever the meaning of the term, long debated by Biblical commentators. Alternatively, in the Book of Job chapter 41, a great chthonic beast, or Lucifer?like ?King of all the Children of Pride?, Leviathan for Hobbes was a figure for the modern state. Recent work by Quentin Skinner and Noel Malcolm treats Leviathan as in part a story about representation. But by juxtaposing the thesis of Carl Schmitt, juridical architect of the Third Reich, and author if his own (...) startling Leviathan, which reads the Biblical Beast as representing the state as demonic machine, we see not only Hobbes's purpose in invoking the God of fear, but also how it served as a self?fulfilling prophecy. (shrink)

This is an attempt to clarify the relation between Schmitt and Hobbes by examining Hobbes's thinking about enemies and enmity. On the one hand, Hobbes shares a strong war/crime distinction with Schmitt. On the other hand, Hobbes never suggests that lethal enmity gives a ?meaningful? tension to human life. Hobbes also describes the way feverish human minds may imagine enemies where none exist. This is another non?Schmittian theme. Although Schmitt was a profoundly anti?Hobbesian thinker for these and other reasons, an (...) examination of Hobbes with the Schmittian question (?who is the enemy??) in mind, proves exceptionally fruitful, opening up aspects of Hobbes's political theory that have hitherto lingered in obscurity. (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)

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)

: In the Aristotelian tradition, politics is a matter of public deliberation over questions of justice and injustice. The Bush administration's response to the terrorist attacks of September 11, 2001, has been uniformly hostile to this notion, and it has instead promoted a jingoistic politics of self‐assertion by an America largely identified with the executive branch of its government. This is doubly disturbing, as the executive branch has sought to free itself from international law, multinational commitments, and domestic judicial regulation, (...) even as it has sought to validate itself by demonizing its enemies. This essay draws out the disturbing echoes here of Carl Schmitt's work of the 1920s, in particular of Schmitt's conception of the sovereign as the ungrounded ground of the law and the political as the site of mortal conflict between friend and enemy. The essay argues that Schmitt's position in the twenties, for all of its evident problems, is superior to that of Bush, Wolfowitz, and Ashcroft in at least two senses: Schmitt condemns the idea of waging war for profit and recognizes that such wars will often be disguised as moral crusades waged against the “inhuman”; and he acknowledges that claiming to fight a war for humanity denies one's enemies their humanity, leaving them open to torture and even extermination. (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)

This article analyses supplier-buyer relationships where the suppliers adapt to the buyers' needs and expectations to gain mutual advantages. In some cases, such closely knit relationships lead to violations of the autonomy of one or both partners. A concept of corporate autonomy (CA) is developed to analyze this problem. Three different facets can be distinguished: rule autonomy, executive autonomy, and control autonomy. A case study of Mattel's problems with lead-contaminated toys produced in China shows that the CA of buyer and (...) supplier can be restricted as a result of a dysfunctional partnership involving a moral dilemma. (shrink)

Beginning from an analysis of moral obligation's form that I defend in The Second-Person Standpoint as what we are answerable for as beings with the necessary capacities to enter into relations of mutual accountability, I argue that this analysis has implications for moral obligation's substance. Given what it is to take responsibility for oneself and hold oneself answerable, I argue, it follows that if there are any moral obligations at all, then there must exist a basic pro tanto obligation not (...) to undermine one another's moral autonomy. (shrink)

This article presents a discussion of how postmodernist, poststructuralist and critical educational thinking relate to different theories of power. I argue that both Critical Theory and some poststructuralist ideas base themselves on a concept of power borrowed from a modernist tradition. I argue as well that we are better off combining a postmodern idea of education with a postmodern idea of power. To this end the concept of power presented by the works of Ernesto Laclau and Chantal Mouffe is introduced. (...) This concept controverts a number of major educational concepts, i.e. concepts such as causality, autonomy, subjectivity and originality. In other words, it allows us to take a fresh look at old concepts. Finally, I relate the discussion to a number of recent theories of learning. (shrink)

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

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)

Even if preventive military counter-terrorism may sometimes be ethically justifiable, it remains an open question whether the Bush Doctrine presents a discursively coherent account of the relevant normative conditions. With a view towards answering this question, this article critically examines efforts to ground the morally personifying language of the Bush Doctrine in term of hegemonic stability theory. Particular critical attention is paid to the arguments of leading proponents of this brand of game theory, including J. Yoo, E. Posner, A. Sykes, (...) and J. Goldsmith. When examined in their terms, the Bush Doctine is best understood as an ethically hypocritical and shortsighted international discursive strategy. Its use of moralistic language in demonizing 'rogue states' for purely amoral purposes is normatively incoherent and discursively unsustainable. If it is a strategically rational piece of international communication, it seems designed to undermine globally shared normative meanings for the sake of short-term unilateral military advantage. (shrink)

This paper offers a definition of social holism that makes the doctrine non-trivial but possibly true. According to that definition, the social holist maintains that people depend non-causally on interaction with one another for possession of the capacity to think; the thesis is meant to be a contingent truth but one, like physicalism, that is plausible in the light of some a priori argument and some plausible empirical assumptions. The paper also sketches an argument in support of social holism, which (...) connects with themes in a number of traditions, philosophical and sociological. The key idea is that people depend on socially shared dispositions and responses for the ability to identify - identify fallibly - the properties and other entities that they consider in each individual has to the course of thinking. (shrink)

Trust is a kind of risky reliance on another person. Social scientists have offered two basic accounts of trust: predictive expectation accounts and staking (betting) accounts. Predictive expectation accounts identify trust with a judgment that performance is likely. Staking accounts identify trust with a judgment that reliance on the person’s performance is worthwhile. I argue (1) that these two views of trust are different, (2) that the staking account is preferable to the predictive expectation account on grounds of intuitive adequacy (...) and coherence with plausible explanations of action; and (3) that there are counterexamples to both accounts. I then set forward an additional necessary condition on trust, according to which trust implies a moral expectation. The content of the moral expectation is this: W hen A trusts B to do x, A ascribes an obligation to B to do x, and holds B to this obligation. This moral expectation account throws new light on some of the consequences of misplaced trust. I use the example of physicians’ defensive behavior to illustrate this final point. (shrink)

Cruelty is widely regarded to be a uniquely human trait. This follows from a standard definition of cruelty as involving the deliberate infliction of suffering together with the empirical claim that humans are unique in their ability to attribute suffering (or any mental state) to other creatures. In this paper I argue that this definition is not optimum for the purposes of scientific inquiry. I suggest that its intuitive appeal stems from our abhorrence of cruelty, and our corresponding desire to (...) define cruelty in such a way that it is almost always morally wrong. Scientifically speaking this is an arbitrary condition that inhibits our attempt to study cruelty as a natural phenomenon. I propose a fully naturalized definition of cruelty, one that considerably expands the range of creatures and behaviors that may be conceived as cruel. (shrink)

A number of theorists have proposed mechanisms suggesting that corporate social responsibility produces better financial results. Others subscribe to the theory that, realistically, less ethical means are necessary. This article contains an analysis of these perspectives drawing on observations from evolutionary game theory and nature. Based on these analyzes, it is concluded that the financial returns of corporate social responsibility and irresponsibility (CSR and CSI) are equal on average. The explanation is that CSR and CSI are driven to a state (...) of equilibrium, because if one or the other were to offer higher profits, it would attract more players who would compete for the best opportunities until there was no difference in average profit. Existing empirical research generally shows a positive correlation between CSR as measured and financial outcomes. It is argued that what is actually causing that finding is probably not CSR but management skill. More skillful managers, whether actually responsible or irresponsible, are able to obtain both higher profits and greater credit in imperfect measures of CSR. Next it is shown that this theory of equal returns implies greater moral freedom and therefore responsibility for business leaders. It is concluded that this insight can intensify the interest of decent business leaders in vigorously championing CSR. (shrink)

When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked (...) argument satisfies the first half of a thesis Hegel applies to action in the Encyclopaedia Logic, namely, that the outer must be inner, and thus provides a necessary complement for his more explicit treatment of the second half of that thesis, that the inner must be outer. The claim that agents are only responsible for what they intended to do might appear, at first, to risk conflating legal and moral responsibility and to lack the necessary means to deal with the phenomenon of moral luck, but I argue that if it is properly situated within the whole of Hegel's philosophy of action it can be saved from both of these consequences and so take its place as an essential component of Hegel's full theory of moral responsibility. (shrink)

Jewish ethics like Judaism itself has often been charged with being "particularistic," and in modernity it has been unfavorably compared with the universality of secular ethics. This charge has become acute philosophically when the comparison is made with the ethics of Kant. However, at this level, much of the ethical rejection of Jewish particularism, especially its being beholden to a God who is above the universe to whom this God prescribes moral norms and judges according to them, is also a (...) rejection of Christian (or any other monotheistic) ethics, no matter how otherwise universal. Yet this essay argues that Jewish ethics that prescribes norms for all humans, and that is knowable by all humans, actually constitutes a wider moral universe than does Kantian ethics, because it can include non-rational human objects and even non-human objects altogether. This essay also argues that a totally egalitarian moral universe, encompassing all human relations, becomes an infinite, totalizing universe, which can easily become the ideological justification (ratio essendi) of a totalitarian regime. (shrink)

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

David Hume is widely recognized as providing the most influential statement of the “compatibilist” position in the free will debate — the view that freedom and moral responsibility can be reconciled with (causal) determinism. The arguments that Hume advances on this subject are found primarily in the sections titled “Of liberty and necessity”, as first presented in A Treatise of Human Nature (2.3.1-2) and, later, in a slightly amended form, in the Enquiry concerning Human Understanding (sec. 8). Although there is (...) considerable overlap in content between these two statements of Hume's position, there are also some significant differences. This includes, for example, some substantial additions in the Enquiry discussion as it relates to problems of religion, such as predestination and divine foreknowledge. While these differences are certainly significant they should not be exaggerated. Hume's basic strategy and compatibilist commitments in both works remain the same in their essentials.. (shrink)

Rationality and reasonableness are often sharply distinguished from one another and are even held to be in conflict. On this construal, rationality consists in means-end calculation of the most efficient means to one's ends (which are usually taken to be self-interested), while reasonableness consists in equitableness whereby one respects the rights of other persons as well as oneself. To deal with this conflict, it is noted that both rationality and reasonableness are based on reason, which is analyzed as the power (...) of attaining truth, and especially necessary truth. It is then shown that, by the rationality involved in reason, the moral principle of reasonableness, the Principle of Generic Consistency (PGC), has a stringently rational justification in that to deny or violate it is to incur self-contradiction. Objections are considered bearing on relevance and motivation. It is concluded that, where reasonableness and egoistic rationality conflict, the former is rationally superior. (shrink)

The most contentious aspect of South Africa's Truth and Reconciliation Commission (TRC) concerned its amnesty‐granting powers. In return for perpetrators providing full disclosure about their crimes, the TRC was authorized to release them from both criminal responsibility and civil liability. This essay takes up the thorny question of how such a commission might be morally justified. Part 1 discusses the political circumstances that led to the creation of the TRC. Part 2 provides a critical survey of some previous attempts to (...) justify the commission's work. Part 3 offers a new justification, grounded in Adam Smith's notion of sympathy; after outlining some of the benefits of sympathy for political reconciliation, I argue that the work of a South African–style truth commission can promote sympathy between former enemies. (shrink)

A citizen is a member of a political community who enjoys the rights and assumes the duties of membership. This broad definition is discernible, with minor variations, in the works of contemporary authors as well as in the entry “citoyen” in Diderot's and d'Alembert's Encyclopédie..

This article proposes a new theory of rational decision, distinct from both causal decision theory (CDT) and evidential decision theory (EDT). First, some intuitive counterexamples to CDT and EDT are presented. Then the motivation for the new theory is given: the correct theory of rational decision will resemble CDT in that it will not be sensitive to any comparisons of absolute levels of value across different states of nature, but only to comparisons of the differences in value between the available (...) options within states of nature; however, the correct theory will also resemble EDT in that it will rely on conditional probabilities (not unconditional probabilities). The new theory gives a prominent role to the notion of a “benchmark” for each state of nature, by comparison with which the value of the available options in that state of nature are measured, and so it has been called the Benchmark Theory (BT). It is argued that BT gives the right verdict on the cases that seem to be counterexamples to CDT and EDT. Finally, some objections to BT are considered and answered. (shrink)

Corporations are moral persons to the extent that they have rights and duties, but their moral personality is severely limited. As artificial persons, they lack the emotional make-up that allows natural persons to show virtues and vices. That fact, taken with the representative function of management, places significant limitations on what constitutes ethical behavior by management. A common misunderstanding of those limitations can lead ethical managers to behave unethically and can lead the public to have improper expectations of corporations.

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)