We offer a theory regarding the symbolism of the human body in legal discourse. The theory blends legal theory, the neuroscience of empathy, and biosemiotics, a branch of semiotics that combines semiotics with theoretical biology. Our theory posits that this symbolism of the body is not solely a metaphor or semiotic sign of how law is cognitively structured in the mind. We propose that it also signifies neurobiological mechanisms of social emotion in the brain that are involved in the social (...) and moral decision-making and behavior that law generally seeks to govern. Specifically, we hypothesize that the symbol of a collective human body in the language of law signifies neural mechanisms of pain empathy which generate a virtual, neurally simulated, emotional sense of sharing the feelings or pain of others and of thereby being one-in-body with or virtually equal to them. We speculate that this may be the neural basis of what is signified in legal and political theory as the “body politic” or “sense of equality,” because neuroscience and psychiatry further suggest that such pain empathy may provide the natural, emotional motivation to think and act in a rights-based manner. We conclude that misunderstanding of these neural mechanisms of pain empathy and related misinterpretation of this corporeal symbolism for the same may have long resulted in legal discourse that misinterprets the function of “pain” in the law and misinterprets the associated positive law, specifically the law regarding individual, equality-based rights and criminal justice, in particular, punishment theory. (shrink)

Philosophers have long argued that duties to oneself are paradoxical, as they seem to entail an incoherent power to release oneself from obligations. I argue that self-release is possible, both as a matter of deontic logic and of metaethics.

As a collective action problem, climate change is best tackled by coordination. Most moral philosophers therefore agree on our individual responsibility as political citizens to help establish such coordination. There is disagreement, however, on our individual responsibilities as consumers to reduce emissions before such coordination is established. In this article I argue that from a Kantian deontological perspective we have a perfect duty to refrain from activities that we would not perform if appropriate coordination were established. Moral autonomy means that (...) we do not need to wait for an external lawmaker to tell us what we ought to do. In practice, this means basing our decisions on a shadow price for carbon: if we would not go out for a drive on a sunny Sunday afternoon in a gas-guzzling sport utility vehicle if gas prices were twice as high, we should not do it now. Moreover, we have imperfect duties to reduce emissions by more than our perfect duties require. (shrink)

This article is an exercise in theory-building about the stories that justify, feed upon, and reproduce systems of oppression. I argue that emotional narratives contribute to the constitution and reproduction of systems of oppression, and that different emotional narratives constitute different forms of oppression. I examine two of these emotional narratives: a narrative articulated around pity and a narrative that draws on fear. I propose that the former prevails when those in power do not perceive the members of the oppressed (...) group as posing a threat to their power structure, in turn inducing low-intensity charitable state action. Conversely, narratives that deploy fear prevail when the group in power believes that the oppressed group presents a threat to their power structure (regardless of how “true” that perception is), in turn eliciting high-intensity repressive state action. While narratives of pity recur to the infantilization of the members of the disadvantaged group, narratives of fear animalize them. (shrink)

. John Cottingham suggests that “only a traditional theistic framework may be adequate for doing justice to the role of conscience in our lives.” Two main reasons for endorsing this proposition are assessed: the religious origins of conscience, and the need to explain its normative authority. I argue that Graeco-Roman conceptions of conscience cast doubt on this first historical claim, and that secular moral realisms can account for the obligatoriness of conscience. Nevertheless, the recognition of the need for an objective (...) foundation for conscience which emerges from these debates should be embraced by both secular and religious ethicists alike. (shrink)

ABSTRACT In Habgood-Coote : 1033–1065) I argued that we should abandon ‘fake news’ and ‘post-truth’, on the grounds that these terms do not have stable public meanings, are unnecessary, and function as vehicles for propaganda. Jessica Pepp, Eliot Michaelson, and Rachel Sterken and Étienne Brown : 144–154) have raised worries about my case for abandonment, recommending that we continue using ‘fake news’. In this paper, I respond to these worries. I distinguish more clearly between theoretical and political reasons for abandoning (...) a term, assemble more evidence that ‘fake news’ is a nonsense term, and respond to the worries raised by Pepp, Michaelson and Sterken, and Brown. I close by considering the prospects for anti-fascist and anti-authoritarian conceptual engineering. (shrink)

Consider the distinctive qualitative property grass visually appears to have when it visually appears to be green. This property is an example of what I call sensuous color. Whereas early modern mechanists typically argue that bodies are not sensuously colored, Margaret Cavendish (1623–73) disagrees. In cases of veridical perception, she holds that grass is green in precisely the way it visually appears to be. In defense of her realist approach to sensuous colors, Cavendish argues that (i) it is impossible to (...) conceive of colorless bodies, (ii) the very possibility of color experience requires that bodies are sensuously colored, and (iii) the attribution of sensuous colors to bodies provides the best explanation of color constancy. Although some passages might suggest that Cavendish endorses a reductive account of sensuous color, according to which sensuous color reduces to a body's microscopic surface texture (or some other mechanistically respectable property), I argue that she accepts a nonreductive account, on which sensuous color is not thus reducible. (shrink)

ABSTRACTMaterialism is the view that everything that is real is material or is the product of material processes. It tends to take either a ‘cosmological’ form, as a claim about the ultimate nature of the world, or a more specific ‘psychological’ form, detailing how mental processes are brain processes. I focus on the second, psychological or cerebral form of materialism. In the mid-to-late eighteenth century, the French materialist philosopher Denis Diderot was one of the first to notice that any self-respecting (...) materialist had to address the question of the status and functional role of the brain, and its relation to our mental life. After this the topic grew stale, with knee-jerk reiterations of ‘psychophysical identity’ in the nineteenth-century, and equally rigid assertions of anti-materialism. In 1960s philosophy of mind, brain–mind materialism reemerged as ‘identity theory’, focusing on the identity between mental processes and cerebral processes. In contrast, Diderot’s cerebral materialism allows for a more culturally sedimented sense of the brain, which he described in his late Elements of Physiology as a ‘book – except it is a book which reads itself’. Diderot thus provides a lesson for materialism as it reflects on the status of the brain, science and culture. (shrink)

Thaler and Sunstein advocate 'libertarian paternalism'. A libertarian paternalist changes the conditions under which people act so that their cognitive biases lead them to choose what is best for themselves. Although libertarian paternalism manipulates people, Thaler and Sunstein say that it respects their autonomy by preserving the possibility of choice. Conly argues that libertarian paternalism does not go far enough, since there is no compelling reason why we should allow people the opportunity to choose to bring disaster upon themselves if (...) sometimes they will make the wrong decision. She defends 'coercive paternalism'. The present paper argues that errors in reasoning are not due only to cognitive biases. People also make errors because they have an insufficient level of general intelligence. Intelligence is distributed on a continuum. Those who fall on higher levels of the continuum have greater abilities, in certain contexts, to reason about both their own and others' interests. Coercive paternalism may sometimes be appropriate to prevent less intelligent people from engaging in self-destructive behavior due to errors of reasoning. (shrink)

This dissertation focuses on the social philosophy of humor from the viewpoint of Erich Fromm’s critical humanistic thinking. The work consists of an introduction and four individual articles. The introduction discusses Fromm’s theories in relation to the phenomenon of humor to provide a basis for the articles. The central aim is to understand the dynamic nature of humor and how it is related to the problem of being a paradoxical creature, that is, a human being. It is claimed that humor (...) has to be analyzed and interpreted in a unique historical and cultural situation. The first article discusses Fromm’s concept of social character to offer a theoretical tool to understand how deeply humor is a social phenomenon. It is argued that the social character is a crucial component if we are to reach beyond jokes and laughter, and to grasp their deeper social significance. The second article furthers this thought by developing a critical standpoint on the phenomenon of laughing at oneself. It calls into question the prevailing optimism about the capability to ridicule oneself. Following Fromm, it is claimed that humor needs a serious backbone from which the perceived oddities are evaluated. The third article brings forth the debate of humor and freedom. In opposition to the widely shared idea that humor should be absolutely free, it is argued that humor cannot be separated from the sphere of humanity, and this basic fact sets the ground for the freedom of humor. Freedom has to be obtained within the limits of humanity. This leads to the notion that it is untenable to claim that we should be always able to laugh at everything. The fourth article elaborates the influence of social circumstances for humor, and the competitive nature of contemporary humor is taken under critical scrutiny. It is argued that humor and laughter reflect the current historical situation and, eventually, ourselves. Therefore, from a humanistic perspective, it is concerning how natural and popular humor competitions appear to be. As a whole, the dissertation is a philosophical study, and it aims more at philosophical understanding than to concrete empirical research settings. However, the conducted research is empirically inspired philosophy, and thus intimately connected to the living phenomena of humor and laughter. (shrink)

According to Alasdair Cochrane, liberty can have value for most animals only because it allows them to obtain other desirable things, such as well-being. With this he concludes that humans can continue to use other animals as long as they treat them well. In this article, I reject this conclusion by arguing against the positive conception of liberty in favor of its negative or republican conception. I suggest that it is sufficient for a being to be capable of agency in (...) order to have an interest in liberty, which deserves to be protected by the right to be free. (shrink)

Philosophers usually discuss responsibility in terms of responsibility for past actions or as a question about the nature of moral agency. Yet the word responsibility is fairly modern, whereas these topics arguably represent timeless concerns about human agency. This paper investigates another use of responsibility, that is particularly important to modern liberal societies: responsibility as a virtue that can be demonstrated by individuals and organisations. The paper notes its initial importance in political contexts, and seeks to explain why we now (...) demand responsibility in all spheres of life. In reply, I highlight the distinctively institutional character of modern liberal societies: institutions specify many of the particular responsibilities each of us must fulfil, but also require responsibility to sustain them and address their failings. My overall argument is that the virtue of responsibility occupies a distinctive place in the moral needs, and moral achievements, of liberal societies; and this, in turn, explains why it now occupies such a prominent place in our moral discourse. (shrink)

The reemergence of the question of suicide in the medical context of physician-assisted suicide seems to me one of the most interesting and fertile facets of late modernity. Aside from the disruption which this issue may cause in the traditional juridical relationship between individuals and the state, it may also help to transform the dominant conception of subjectivity that has been erected upon modernity's medicalized order of death. To enhance this disruptive potential, I am going to examine the perspectives on (...) death offered by two contemporary writers: Zygmunt Bauman and Jean Baudrillard. Each of these writers recognizes the centrality of death to modern culture, as Heidegger did, but they also go beyond him in specifying the ways in which death maintains a presence in late modernity, despite efforts to conceal it. In particular, both of these writers recognize the important role that medicine has played in ordering the modern conception of death. After situating these two perspectives in relation to each other, and in relation to Heidegger, who will serve here as a sort of benchmark, I will return to the issue of suicide. Given the differences in their readings of the role that death and medicine play in modern culture, these post-Heideggerians take strikingly different positions on this issue. By engaging these perspectives, I intend not only to point out the tremendous potential which this issue holds for a fundamental rethinking of modern subjectivity, but also reveal some of the dangers that may beset any naive optimism about the right to die. (shrink)

This study examined correlations between moral value judgments on a 17-item Moral Intuition Survey (MIS), and participant scores on the Short-D3 “Dark Triad” Personality Inventory—a measure of three related “dark and socially destructive” personality traits: Machiavellianism, Narcissism, and Psychopathy. Five hundred sixty-seven participants (302 male, 257 female, 2 transgendered; median age 28) were recruited online through Amazon Mechanical Turk and Yale Experiment Month web advertisements. Different responses to MIS items were initially hypothesized to be “conservative” or “liberal” in line with (...) traditional public divides. Our demographic data confirmed all of these hypothesized categorizations. We then tested two broad, exploratory hypotheses: (H1) the hypothesis that there would be “many” significant correlations between conservative MIS judgments and the Dark Triad, and (H2) the hypothesis that there would be no significant correlations between liberal MIS judgments and Machiavellianism or Psychopathy, but “some” significant correlations between liberal MIS judgments and Narcissism. Because our hypotheses were exploratory and we ran a large number of statistical tests (62 total), we utilized a Bonferroni Correction to set a very high threshold for significance (p = .0008). Our results broadly supported our two hypotheses. We found eleven significant correlations between conservative MIS judgments and the Dark Triad—all at significance level of p < .00001—but no significant correlations between the Dark Triad and liberal MIS judgments. We believe that these results raise provocative moral questions about the personality bases of moral judgments. In particular, we propose that because the Short-D3 measures three “dark and antisocial” personality traits, our results raise some prima facie worries about the moral justification of some conservative moral judgments. (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)

.The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.

Artificial intelligence, conceived either as an attempt to provide models of human cognition or as the development of programs able to perform intelligent tasks, is primarily interested in theuses of language. It should be concerned, therefore, withpragmatics. But its concern with pragmatics should not be restricted to the narrow, traditional conception of pragmatics as the theory of communication (or of the social uses of language). In addition to that, AI should take into account also the mental uses of language (in (...) reasoning, for example) and the existential dimensions of language as a determiner of the world we (and our computers) live in. In this paper, the relevance of these three branches of pragmatics-sociopragmatics, psychopragmatics, and ontopragmatics-for AI are explored. (shrink)

The aim of this paper is to reconceive safety as a form of relation embedded in particular ways of speaking, listening and thinking. Moving away from safety as a relation that is achieved once and for all and afterwards remains safe avoids some of the disappointments of discourses of safety that seem to promise once a risk is taken or a gap is bridged that thereafter relations among people will be easier and calmer. This bumpier version of safety suggests that (...) humor creates the kind of instabilities in discourse that act, perhaps ironically, as an invitation to enjoy the difficulties of communicating complex and challenging ideas. Humor, then, creates a kind of safe space, not devoid of dramatic shifts or emotional response, but organized around those shifts as experiences that are moments apart from conflict. I explore the use of humor as a form of serious play in social justice classrooms, examining the strategies of indirect teaching, contradictory lessons, and jolting pleasure that more traditional pedagogical approaches are less able to create. I see in humor a complex form of address and interaction that plays on the multiple possibilities within an utterance or concept and by reminding classroom communities of those possibilities. Humor can erupt from shared moments and disjunctive understandings and can as easily be mobilized by teachers as by students. By reopening the possibilities of concepts and relations, humor shatters simplistic readings by literally playing out what might be said and what could be tried but often manages to combine a sense of safety via shared laughter with its disruptions. (shrink)

The concept of dignity is notoriously vague. In this paper it is argued that the reason for this is that there are three versions of dignity that are often confused. First we will take a short look at the history of the concept of dignity in order to demonstrate how already from Roman Antiquity two versions of dignity can be distinguished. Subsequently, the third version will be introduced and it will be argued that although the three versions of dignity hang (...) together, they should also be clearly distinguished in order to avoid confusion. The reason for distinguishing the three versions is because all three of them are only partially effective. This will be demonstrated by taking the discussion about voluntary ‘dying with dignity’ as an example. Inspired by both Paul Ricoeur’s concept of ethics and the ethics of care a proposition will be done as to how the three versions of dignity may sustain each other and help achieve what neither one of the versions can do on its own. (shrink)

Garfinkel's dissertation, "The Perception of the Other," was completed and defended 15 years prior to the publication of Studies in Ethnomethodology. This essay seeks hints of the familiar ethnomethodological themes (indexicality, reflexivity, accountability) within his thesis. It begins by examining the contributions of earlier social theorists, particularly Talcott Parsons and Alfred Schütz, to Garfinkel's thought. It then examines the dissertation itself seeking evidence to support the claim that Garfinkel was already moving in the direction of an 'incommensurable, asymmetric, and alternate' (...) program of sociological inquiry well before the term 'ethnomethodology' had even been coined. (shrink)

Although the economic thought of Marshall and Pigou was united by ethical positions broadly considered utilitarian, differences in their intellectual milieu led to degrees of difference between their respective philosophical visions. This change in milieu includes the influence of the little understood period of transition from the early idealist period in Great Britain, which provided the context to Marshall’s intellectual formation, and the late British Idealist period, which provided the context to Pigou’s intellectual formation. During this latter period, the pervading (...) Hegelianism and influences of naturalism arising from the ideas of Charles Darwin and Herbert Spencer were challenged by Hermann Lotze, a key transitional thinker influencing the Neo-Kantian movement, who recognised significant limits of naturalism, on the one hand, and the metaphysical tenor of absolute idealism, on the other, and attempted to provide a balance between the two. The goal of this paper is to make the provisional case for the argument that Pigou’s views on ethics were not only directly influenced by utilitarian thinkers like Mill and Sidgwick, but they were also indirectly influenced by Hermann Lotze, via the influence of the Neo- Kantian movement on late British idealism. To that end, Pigou’s essays in The Trouble with Theism (1908), including his sympathetic consideration of the ethics of Friedrich Nietzsche, reflect the influence of Lotze indirectly through the impact at Cambridge of: James Ward’s critique of associationist psychology, and consideration of the limits of naturalism including the critique of evolutionary ethics; Bertrand Russell’s rejection of neo-Hegelianism and, together with Alfred North Whitehead, the development of Logicism; and G.E. Moore’s critique of utilitarian ethics on the basis of the naturalistic fallacy and the development of his own intuitionist system of ethics. (shrink)

To be and to remain ethical requires struggle from organizations. Struggling is necessary due to the pressures and temptations management and employees encounter in and around organizations. As the relevance of struggle for business ethics has not yet been analyzed systematically in the scientific literature, this paper develops a theory of struggle that elaborates on the meaning and dimensions of struggle in organizations, why and when it is needed, and what its antecedents and consequences are. An important conclusion is that (...) the greater the ethics gap and opposing forces, the greater the struggle required. Viewing business ethics as struggle has several implications for theory and practice. (shrink)

I defend and develop a traditional view in the metaphysics of sound, The Wave Theory of Sound. According The Wave Theory, as developed herein, sounds are not patterned disturbances so much as their propagation. And the propagation of a patterned disturbance is not a form of travel, but a dynamic in-formation, the wave-form successively inhering in diferently located parts of the dense and elastic medium. This conception, along with the assumption that we hear not only sounds but their sources, has (...) the resources to address many of the most recent criticisms of this traditional view. (shrink)

ABSTRACT: In this essay I characterize arguments by analogy, which have an impor- tant role both in philosophical and everyday reasoning. Arguments by analogy are dif- ferent from ordinary inductive or deductive arguments and have their own distinct features. I try to characterize the structure and function of these arguments. It is further discussed that some arguments, which are not explicit arguments by analogy, nevertheless should be interpreted as such and not as inductive or deductive arguments. The result is that (...) a presumed outcome of a philosophical dispute will have to be reconsidered. (shrink)

Alternative dispute resolution (ADR) is a collective noun for all kinds of alternative methods to formal dispute resolution. Business ethics attempts to theorize the different forms of normative coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of interest and disagreements between economic actors (...) could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law. (shrink)

What constraints should be imposed on individual liberty for the sake of protecting our collective security? A helpful approach to answering this question is offered by a theory that grounds political obligation and authority in a moral requirement of fair contribution to mutually beneficial cooperative schemes. This approach encourages us to split the opening question into two—a question of correctness and a question of legitimacy—and generates a detailed set of answers to both subsidiary questions, with a nuanced and plausible set (...) of implications. The plausibility of its treatment of the issues surrounding liberty and security, I argue, helps to confer credibility on the fairness-based theory that carries these implications. (shrink)

The notion of world government is anathema to most political theorists. This is the case due to the arguments that a world government is infeasible, undesirable and unnecessary. This threef...

Starting from considering how radical Hobbes' rejection of teleology was, this paper presents a coherent reading of Hobbesian reason, as applied to the justification of political obligation, striking a more perspicuous third way between the ‘orthodox’ and the ‘revisionist’ readings. Both families of interpretations are partial to some elements of Hobbes' thought, therefore incapable of providing a coherent reading of its whole. A precise rendering of Hobbes' deontological reason allows a better hermeneutical understanding of his philosophy as well as a (...) keener appreciation of its relevance for past and present political thought. (shrink)

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes that have (...) affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)

Hobbes’s science of politics rests on a dual analysis of human beings: humans as complex material bodies in a network of mechanical forces, prone to passions and irrationality; and humans as subjects of right and obligation, morally exhortable by appeal to the standards of reason. The science of politics proposes an absolutist model of politics. If this proposal is not to be idle utopianism, the enduring functioning of the model needs to be compatible with the materialist analysis of human behaviour. (...) In this paper, I argue that Hobbes's attempts to render his science of politics compatible with his materialism are only partly successful; a fuller compatibility is achieved in the political writings of Spinoza. -/- Published with reply: Luke O'Sullivan, 'Sovereigns and citizens: a response to Field', ibid., 221-224. Reprinted as: Sandra Field (2015), 'Hobbes and human irrationality', in T. Nardin (ed.) Rationality in Politics and its Limits, Abingdon: Routledge, 31-44. With reply: Luke O'Sullivan, 'Sovereigns and citizens: a response to Field', ibid., 45-48. (shrink)

The idea of the Guantánamo detainee as a Muselmann , the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in (...) an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we will locate the points of convergence among the factors (the war on terror, sovereignty, and the media) that have produced and reconstituted the legal and ethical status of Guantánamo detainees. (shrink)

Contemporary debates about political identity are deeply grounded in Hegelian’s paradigm of State. Hegel develops an original identity structure, build on a dynamics of recognition which allows interaction between subjective and objective liberty. The purpose of this Hegelian approach is to define a State which would be able to auto-justify and legitimize itself. This article studies the Hegelian theory of recognition, as a critical reading of Hobbes and of the philosophical insufficiency of the contractualist theories. Analyzing the concept of recognition (...) may lead us to a better understanding of multiculturalism and political pluralism, as key concepts in today’s society. (shrink)

This paper critically examines the prospects for thoroughly secular thought. It does so in relation to recent theories of secularization (and especially Charles Taylor’s and Hans Blumenberg’s) as well as by attending to two very different intellectual projects, one mounted by Jeremy Bentham (in particular his concept of felicity or happiness), the other by Michael Oakeshott. It argues that Bentham’s utilitarian account of happiness depends on a Christian conceptual structure, and that Oakeshott’s understanding of philosophy as a practice of questioning (...) presents a brighter hope for thoroughly secular thought. (shrink)

A quick survey of the literature reveals that authors disagree as to which sentiments are moral and which are not, they disagee as to how to distinguish between moral and other sentiments, and finally that often the same author will claim a sentiment is moral at some times but not at others. These difficulties arise, I argue, from an underlying concept of emotion that I call atomism. Viewing emotions as means of coordination among agents, rather than as psychic atoms, suggests (...) a radically different approach to the question of morality and affects, one where emotions pave the way for normative expectations. (shrink)

La distinction de droit pénal entre la conduitemalum in seetmalum prohibitumest vieille de cinq siècles dans les juridictions de common law, et pourtant son sens autant que son utilité continuent d’être débattus. Je me joins à la mêlée, en faisant valoir que les conditions ne peuvent pas être interprétées littéralement, mais que il existe un moyen d’établir la distinction qui est à la fois plausible et utile. Une conduitemala in seest un comportement quidoitêtre interdit dans toute société politique juste, alors (...) que la conduitemala prohibita peutêtre criminalisée, mais nedoitpas absolument l’être. Je sollicite dans mon explication des concepts de la théorie du contrat social. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 491-513, July 2022. This article is an exercise in theory-building about the stories that justify, feed upon, and reproduce systems of oppression. I argue that emotional narratives contribute to the constitution and reproduction of systems of oppression, and that different emotional narratives constitute different forms of oppression. I examine two of these emotional narratives: a narrative articulated around pity and a narrative that draws on fear. I propose that the former (...) prevails when those in power do not perceive the members of the oppressed group as posing a threat to their power structure, in turn inducing low-intensity charitable state action. Conversely, narratives that deploy fear prevail when the group in power believes that the oppressed group presents a threat to their power structure, in turn eliciting high-intensity repressive state action. While narratives of pity recur to the infantilization of the members of the disadvantaged group, narratives of fear animalize them. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 491-513, July 2022. This article is an exercise in theory-building about the stories that justify, feed upon, and reproduce systems of oppression. I argue that emotional narratives contribute to the constitution and reproduction of systems of oppression, and that different emotional narratives constitute different forms of oppression. I examine two of these emotional narratives: a narrative articulated around pity and a narrative that draws on fear. I propose that the former (...) prevails when those in power do not perceive the members of the oppressed group as posing a threat to their power structure, in turn inducing low-intensity charitable state action. Conversely, narratives that deploy fear prevail when the group in power believes that the oppressed group presents a threat to their power structure, in turn eliciting high-intensity repressive state action. While narratives of pity recur to the infantilization of the members of the disadvantaged group, narratives of fear animalize them. (shrink)

Este estudio se propone destacar los resultados ofrecidos en la edición crítica y traducción portuguesa del libro De Legibus Uvm I Da Ley em Geral de F. Suárez, a cargo del mancomunado esfuerzo de investigadores lusos contemporáneos, quienes examinaron esa Obra de jurisprudencia nacida de las lecciones que F. Suárez diera desde 1601-3 y que plasmara en la edición original del tratado de Coimbra en 1612. Subrayo aspectos de la doctrina política que dejarán al descubierto un Suárez plura novavit, influyente (...) en la conformación moderna de la republica democrática. This paper calis the attention on the outcome of the research offered in the critical edition and Portuguese translation of the book De Legibus Livro I Da Ley em Geral de F. Suárez, done by the joint effort of contemporary Researchers, who examined that work of jurisprudence born of the lectures that Suarez gave around 1601-3, and that resulted in the original 1612 edition of the Coimbra treatise. I underline aspects of the political doctrine, which exposes a plura novavit-Suarez that promote a new form of the political regimes and influence in the shaping of the modern democratic republic. (shrink)