Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resistance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

Even though the university has the potential to help humanity in what amounts to a paradigmatic transition, it has been very restrictive and very selective in the kinds of knowledges it validates. In fact, the kinds of knowledges in which it has excelled are those most responsible for the paradigmatic crisis in which humanity finds itself. In a nutshell, the paradigmatic change calls for cognitive justice, justice for the different ways of knowing that circulate in society. Cognitive justice is the (...) polar opposite of ‘anything goes’. The assumption is that there is no global social justice without global cognitive justice, justice among knowledges. Looking back, while privileging one specific kind of knowledge and, indeed, granting it a cognitive monopoly, the university has been the privileged site for producing and legitimating cognitive injustice. As a result, the immense epistemic diversity of the world has been ignored or suppressed. In the following, I identify the problem and the promise for overcoming it. (shrink)

This article begins by examining the bad reputation humor traditionally had in philosophy and education. Two of the main charges against humor—that it is hostile and irresponsible—are linked to the Superiority Theory. That theory is critiqued and two other theories of laughter are presented—the Relief Theory and the Incongruity Theory. In the Relief Theory, laughter is a release of pent-up nervous energy. In the Incongruity Theory, humor is the enjoyment of something that violates ordinary mental patterns and expectations. The development (...) of the Incongruity Theory is traced in thinkers like Aristotle, Kant, Schopenhauer and Kierkegaard, and refinements are suggested to the theory. The Incongruity Theory, it is argued, helps us to appreciate the affinity between philosophy and humor, especially the genre known as stand-up comedy. The article concludes by using Robert Nozick’s analysis of wisdom to show how dramatic comedy embodies practical lessons for living well. (shrink)

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

Serial reciprocity exists when people reciprocate for what they have received--for example, from a parent, a friend, a mentor, a stranger, a previous generation --by providing something to a third party, regardless of whether a return is also given to, or makes its way back to, the original giver. To understand serial reciprocity as reciprocity, this article delineates the general features of the serial type of reciprocity and outlines two general situations in which serial reciprocity provides a viable option --the (...) only or the most appropriate option --for reciprocal return. It also argues for a more fundamental rethinking of reciprocity in general. A more cognitive and cultural perspective on reciprocity is proposed that focuses on the meaning of exchanges and treats reciprocity as a socially constructed element of a culturally available repertoire. This can better account for the existing serial type of reciprocity. The article concludes with suggestions for empirical research. (shrink)

Dees and Cramton have argued that we should take a deontological stand to make negotiations more ethical (“Promoting Honesty in Negotiation: An Exercise in Practical Ethics” BEQ, Vol. 3, #3). I suggest that their analysis is overdetermined, and that one can, in fact, reach the same conclusions through a Hobbesian approach to negotiation. I suggest that an equally valid way to develop ethical negotiation is through the consequentialist “Harmony Thesis” which posits that moral behavior is coextensive with beneficial results.

Romanticism is recognized as a wellspring of modern-day environmental thought and enthusiasm for nature-preservation, but the character of the affinities between the two is less well understood. Essentially, the Romantics realised that nature only becomes a matter for ethical concern, inspiration and love when the mind and sensibility of the human observer/agent are properly attuned and receptive to its meaning. That attunement involves several factors: a more appropriate scientific paradigm, a subtler appreciation of the impact that the setting of human (...) dwelling, especially landscape, may have on character; the discovery of 'life' and spontaneity as a motif in science and art; a deeper and more complex sense of time; and a feel for place drawn from the life-world rather than physics or economics. Romanticism invented a new language and set of descriptions to illuminate all of these things, one we neglect or forget at our peril. (shrink)

Recently, Caterina Moruzzi has appealed to Ted Sider’s case for continuant exdurantism and the availability of a “parallel move” in musical ontology to promote a specific version of musical work exdurantism. In this article, I argue that her version of musical exdurantism undermines the prospects for making the parallel move, but I go on to sketch two alternatives that do not. In Section I, I outline apparent persistence-parallels between ordinary material objects and musical works. In Section II, I sketch a (...) transposable case for accepting continuant exdurantism. In Section III, I introduce Moruzzi’s exdurantism. In Section IV, I introduce her selected rivals—the type-token theory of Julian Dodd and an austere musical perdurantism due to Ben Caplan and Carl Matheson. In Section V, I argue that several of Moruzzi’s commitments undermine her motivation from the “parallel move.” In sections VI and VII, I sketch alternative versions of musical exdurantism that are better positioned to adopt the parallel move. (shrink)

The article examines the role of apology in a process of reconciling with historic injustice. As with so many other facets of the politics of reconciliation, official apologies are controversial, at times strenuously resisted, and their purpose and significance not always well understood. The article, therefore, seeks to articulate the key moral and practical resources that official apologies can bring to bear in a process of national reconciliation and to defend these symbolic acts against some of the more influential criticisms (...) from the skeptics. The analysis is developed in relation to apologies offered in the context of state-indigenous reconciliation processes in the Americas, Australasia, and other regions of the globe. (shrink)

Přirozený zákon je jednou z nejvýznamnějších idejí, která stojí v základech evropského filosofického, etického a právního myšlení. Předložený článek podává stručnou expozici vývoje ideje přirozeného zákona ve filosofickém myšlení s důrazem na jeho klíčové momenty a vyjádření nosných tezí, které předurčily rozumění tomuto pojmu v následujících obdobích. Jeho cílem není detailní probádání některé z jednotlivých etap či některého z autorů, ale naopak podat souhrnný a přehledný obraz vývoje této ideje. Východiskem je zde stručné načrtnutí hlavních zdrojů ideje přirozeného zákona v (...) antice, počínaje předsokratiky, následně u Platóna a Aristotela a představením hlavních rysů stoické koncepce. Další část je věnovaná scholastickému uchopení problematiky přirozeného zákona u T. Akvinského a Suaréze. Následuje přiblížení novověkých úvah u Grotia, Pufendorfa a Hobbese. Tito teoretici jsou následně kontrastováni s průřezovým přehledem myšlení positivně právního u Benthama, Austina a jejich pokračovatelů, neboť i vývoj positivistického myšlení výrazně přispěl k zformování moderní teorie přirozeného zákona, které stojí explicitně v opozici k němu. Text uzavírá přiblížení stavu přirozenoprávní diskuse u nejvýznamnějších autorů 20. století. (shrink)

I examine some of the main philosophical, conceptual and normative issues in Colleen Murphy’s recent book The Conceptual Foundations of Transitional Justice (2017). I am sceptical whether we need yet another theory of justice to fit particular ‘transitional circumstances’, as Murphy argues. Instead, before presenting an alternative normative, ‘moral’ theory, we need to re-examine the very concept of transitional justice. I examine particularly the following. Firstly, what we really mean by ‘transitional justice’ in various contexts; and I argue that transitional (...) justice is not, as Murphy argues, ‘a special kind of justice’ needed during certain periods of political and social change. Transitional justice is rather an escape route from difficult questions of justice that transitional societies must deal with to maintain the delicate balance between justice and peace. Currently, the concept of transitional justice refers most directly to the overarching and expanding ‘toolkit’ of various mechanisms and processes used in post-conflict reconstruction. It is not quite clear how this toolkit fits with current debates on global, international, regional and local justice. Indeed, I would have preferred that Murphy focus on the complex conceptual foundations of transitional justice, rather than build a theory that conceptually and foundationally remains complex and ambiguous. (shrink)

Strong central authorities are able to effectively manage costly defection, but are unable to adequately address lesser conflicts because of limits to their ability to monitor and enforce. We argue, counterintuitively, that these limitations build cooperation and trust among subordinates: the limitations contribute to the production of order. First, limits to authority leave space for locally informed decentralized enforcement. Second, central authorities act as powerful but incompetent third parties whose threatened interventions increase incentives to cooperate and, therefore, to trust. We (...) outline the mechanisms by which a strong central authority enforces order and test their utility by considering the secondary literature on rates of conflict in strong, weak, and capricious states. We supplement this evidence, based on association, with a close examination of diverse case studies: baseball umpires, commercial contracts, and domestic disputes. By analyzing these case studies, we isolate and describe the mechanisms by which central authorities produce order in varied settings. We find that central authority may be effective, but the majority of this effectiveness derives from an indirect influence on dyadic relations rather than direct intervention. The state interacts with local communities, but each operates according to distinct logics. The particular character of their interaction produces four mechanisms useful in the production of order. We briefly explore implications for the operation of law as well as the production of generalized trust. (shrink)

:This essay brings together work I have done over the past 10 years: on the nature of ethics, on the purpose of ethics, and on its foundations in a way that, I hope, as E.M. Forster put it, connects “the prose and the passion.” I deploy lessons learned in this process to identify and face what I believe to be crucial challenges to science and to freedom. Finally I consider threats to freedom of a different sort, posed by the creation (...) and dissemination of “alternative facts” and by what is sometimes called “super” or “full” artificial intelligence. (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state-of-nature theory has three (...) components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

Many philosophers claim that it cannot be the case that a person ought to perform an action if this person cannot perform this action. However, most of these philosophers do not give arguments for the truth of this claim. In this paper, I argue that it is plausible to interpret this claim in such a way that it is entailed by the claim that there cannot be a reason for a person to perform an action if it is impossible that (...) this person will perform this action. I then give three arguments for the truth of the latter claim, which are also arguments for the truth of the former claim as I interpret it. (shrink)

Contrary to a popular reading of his modal epistemology, Berkeley does not hold that inconceivability entails impossibility, and he cannot therefore argue the impossibility of mind-independent matter by appealing to facts about what we cannot conceive. Berkeley is explicit about this constraint on his metaphysical argumentation, and, I argue, does respect it in practice. Popular mythology about the ‘master argument’ notwithstanding, the only passages in which he might plausibly seem to employ the principle that inconceivability entails impossibility are those that (...) argue for the inseparability of primary from secondary qualities. However, an alternative reading of these texts is available that is both consistent with Berkeley's express modal epistemology and credible in its own right. (shrink)

It is often suggested that people in large groups behave and act differently than when they are alone. More precisely, it is an often-repeated claim that they tend to act in a morally problematic or plainly reprehensible way. Still, a fully satisfying explanation has not yet been given for why this is the case. In this paper, I suggest that the phenomenon of shared moods may play a crucial role here. In order to explicate and support this thesis, first, I (...) will point out the problem in a more detailed way while also considering findings in social psychology. Second, I will give a sketch of how shared moods should be conceptualized as a special affective phenomenon by refering to the discussion of collective intentionality and emotions. Thirdly and finally, I will address concretely the question of what might make shared moods morally precarious by distinguishing also between collective and joint moods that both can change a person’s self-understanding as an actor. (shrink)

But as for most genes, they are not the units of interest once we get to the network level: it is the whole conspiracy we care about. Biologists, more precisely evolutionary biologists, and not only psychologists and philosophers also speak of modularity. However the way in which this theoretical construct functions in their discipline is relatively different from the role it obtains in evolutionary psychology and cognitive science. Rather than postulating modules to explain particular traits of organisms, such as the (...) specificity of input systems or limitations of human reasoning abilities, biologists originally simply assume that some form of modularity constitutes a precondition of evolution. They argue that, in order for natural selection to fine tune organisms to their environment, different traits must be able to evolve independently from one another. This implies modularity in one form or another. Organisms will only be able to adapt if they do not come all in one piece, so to speak. It must therefore be possible for changes to occur in one characteristic of an animal without those changes having repercussions throughout the whole organism. (shrink)

Válka byla po staletí opakovaně podrobována etické a filozofické reflexi a za tu dobu se nahromadilo množství hmatatelných dopadů, které to mělo na její charakter (mj. zákaz některých zbraní a způsobů boje či přijetí dalších limitujících opatření inspirovaných učením o spravedlivé válce). Ne úplně často řešenou otázkou ale zůstává, zdali dlouhodobé vzájemné působení války a filozofie zpětně neovlivnilo i samotnou „vědu o moudrosti“. Patrně neexistuje oblast lidské činnosti, do níž by fenomén války významně nepromluvil, a výjimkou by proto neměla být (...) ani filozofie. Především v oboru politické filozofie (a podoboru známého pod označením spravedlivá válka) lze identifikovat hmatatelný otisk válečného dění v obsahu vůbec těch nejdůležitějších a nejvlivnějších děl této disciplíny od antiky až do současnosti. Cílem příspěvku je upozornit na značně formativní vliv válečných událostí na některé stěžejní myšlenky politické filozofie a v několika konkrétních příkladech prezentovat rozsah vzájemné interakce. (shrink)

In this article, I take a fresh look at the logic of common and natural notions contained in the Two Treatises published in 1644 by Kenelm Digby (1603–1665). Digby's doctrine of common notions was an attempt to retrofit Aristotelianism in order to bring it out of the shadows of scholasticism and into the age of the new experimental and collaborative natural philosophy. To achieve that, he argued that natural philosophy began in the world of experience expressed in common language and (...) was structured according to the basic principles he calls common notions. Taking my point of departure in his correspondence with Hobbes and Mersenne, I explore the Epicurean roots of this theory. (shrink)

Technoscientific developments, especially those which operate on/with human beings, are contributing to their reconfiguration in some new, unprecedented ways. Ethics too is revising radically its own field, probing its own foundations. Sensitive to both movements, bioethics is at a difficult crossroads when much is demanded of it. This paper proposes to contribute to the elucidation of the role of philosophical ethics in the area of bioethics through a critical reading of three of our major contemporary philosophers who have been attempting (...) to meet the challenges of (post)modernity. (shrink)

In a series of recent articles, Matthew Clayton, Andrew Williams and Rasmus Sommer Hansen and Soren Flinch Midtgaard argue that a key virtue of Ronald Dworkin’s account of distributive justice, Equality of Resources, is that it provides a distribution that is continuous with the evaluations of the individuals whom it ranges over. The idea of continuity, or as Williams calls it the ‘continuity test’, limits distributive claims in at least one important way: one person cannot claim compensation from another when (...) she does not believe she is worse off than him. In this article, I challenge whether an account of distributive justice should be continuous with the evaluations of the individuals whom it ranges over. My argument is that continuity competes with another consideration, namely, correctness. An account of distributive justice should track who actually is disadvantaged, not whether individuals believe they are disadvantaged. In addition, I offer an account of how we can get closer to a correct account of who is disadvantaged based on two sources of evidence. (shrink)

Whereas bioethicists generally consider medicine a practice aimed at the individual good of each patient, in this paper I present an alternative conception of the goods of medicine. I first explain how modern liberal political theory gives rise to the predominant view of the medical good and then contrast this understanding of politics with that of Thomas Aquinas, informed by Aristotle. I then show how this Christian politics is implicit in certain aspects of contemporary medical practice and argue that Christians (...) ought to draw more attention to this point in order to direct medicine toward the common good. (shrink)

Contractualism is one of the most promising ‘centers of gravity’ in business ethics. In this guest editorial we provide a concise roadmap to the field, sketching contractualism’s historic and disciplinary antecedents, the basic argumentative structure of the contract model, and its boundary conditions. We also sketch two main dimensions along which contributions to the contractualist tradition can be positioned. The first dimension entails positive versus normative theorizing – does a given contribution analyze the world as it is or how it (...) ought to be? The second dimension involves four different levels of analysis that are commonly employed in contractualist business ethics: the nano, micro, meso, and macro levels. We then proceed to position the articles comprising this special issue along these two dimensions. (shrink)

From a traditional moral point of view, business practitioners often seem overly concerned about the behavior of their peers in deciding how they ought to act. We propose to account for this concern by introducing a mutual trust perspective, where moral obligations are grounded in a sense of trust that others will abide by the same rules. when grounds for trust are absent, the obligation is weakened. We illustrate this perspective by examining the widespread ambivalence with regard to deception about (...) one's settlement preferences in negotiation. On an abstract level, such deception generally seems undesirable, though in many individual cases it is condoned, even admired as shrewd bargaining. Because of the difficulty in verifying someone's settlement preferences, it is hard to establish a basis for trusting the revelations of the other party, especially in competitive negotiations with relative strangers. (shrink)