Power is often taken to be a central concept in social and political thought that can contribute to the explanation of many different social phenomena. This article argues that in order to play this role, a general theory of power is required to identify a stable causal capacity, one that does not depend on idiosyncratic social conditions and can thus exert its characteristic influence in a wide range of cases. It considers three promising strategies for such a theory, which ground (...) power in (1) the ability to use force, (2) access to resources, or (3) collective acceptance. It shows that these strategies fail to identify a stable causal capacity. The lack of an adequate general theory of power suggests that the concept lacks the necessary unity to play the broad explanatory role it is often accorded. (shrink)

In (Re)Defining Racism, Alberto Urquidez argues that conflicting philosophical accounts over the definition of racism are at bottom linguistic confusions that would benefit from a Wittgensteinian-inspired approach. In this essay, I argue that such an approach would be helpful in disputes over the definition of metaphysically contested concepts, such as “race,” or semantically contested concepts, such as “racialization.” I disagree, however, that such insights would prove helpful or do very little for disputes concerning normatively contested concepts, such as “racism.”.

The conviction that ‘intention’ is not semantically ambiguous but has a single and distinctive meaning frames the argument of Anscombe’s masterwork Intention. What this meaning is, however, is barely recognizable in her book. One reason for this difficulty is that Intention starts from a threefold division of the appearance of the concept in our natural language and proceeds to develop its various accounts piecemeal. Another is the obscurity of the notion of ‘practical knowledge’ it introduces, precisely for shedding the light (...) that would make its topic perspicuous as a whole. The present article aims to amend this obscurity by providing both a schema of unity for the various parts of the division and an account of the fixed character of the concept. For the former task, the article recaptures Anscombe’s technical use of the term ‘a kind of statement’, uses it to clarify the nature of the division’s parts, and argues that they are co-constituted in a larger context of rational proceedings. Having done this, the article shows that the point of such proceedings is to display the validity of practical reasoning in a given case. It analyses Anscombe’s account of this kind of validity, providing thereby the representation of the fixed character of ‘intention’ as a distinct form of thinking. (shrink)

There has been a resurgence of interest in cosmopolitanism in contemporary political theory, based upon the hopeful premise that it heralds an ameliorative response to the malignity of sovereignty's lack and the treacherous violence of sovereignty's excess. The promise of cosmopolitanism inheres in the claim that state sovereignty is and should be supplemented by an international system backed by the legitimacy of international law, grounded in the sovereignty of human rights. Drawing upon Foucault and Agamben, my argument in this essay (...) is that the laudable endeavour of liberal cosmopolitans is flawed in two ways: first, cosmopolitanism cannot escape sovereign violence, because it cannot escape sovereignty; and second, cosmopolitans misconstrue the composition of the very sovereignty they aim to escape. This means that cosmopolitan theorists are unable to identify cosmopolitan practices of sovereignty that also entail forms of violence: cosmopolitan exception. Cosmopolitan exception denotes violent sovereign practices that cannot be differentiated from the protection of rights. (shrink)

Kadri Vihvelin has recently argued that between compatibilists and incompatibilists, the incompatibilists have a greater dialectical burden than compatibilists. According to her, both must show that free will is possible, but beyond this the incompatibilists must also show that no deterministic worlds are free will worlds. Thus, according to Vihvelin, so long as it is established that free will is possible, all the compatibilist must do is show that the incompatibilists' arguments are ineffective. I resist Vihvelin's assessment of the dialectical (...) burdens of compatibilists and incompatibilists, as well as her assessment of the best arguments for incompatibilism. (shrink)

This paper argues that our folk-psychological expertise is a special case of extended and enculturated cognition where we learn to regulate both our own and others’ thought and action in accord with a wide array of culturally shaped folk-psychological norms. The view has three noteworthy features: it challenges a common assumption that the foundational capacity at work in folk-psychological expertise is one of interpreting behaviour in mentalistic terms, arguing instead that successful mindreading is largely a consequence of successful mindshaping; it (...) argues that our folk-psychological expertise is not only socially scaffolded in development, it continues to be socially supported and maintained in maturity, thereby presenting a radically different picture of what mature folk-psychological competency amounts to; it provides grounds for resisting a recent trend in theoretical explanations of quotidian social interaction that downplays the deployment of sophisticated mentalizing resources in understanding what others are doing. (shrink)

This article begins with a review of the literature on the ethics of tax evasion and identifies the three main views that have emerged over the centuries, namely always ethical, sometimes ethical, and never or almost never ethical. It then reports on the results of a survey of HK and U.S. university business students who were asked to express their opinions on the 15 statements covering the three main views. The data are then analyzed to determine which of the three (...) viewpoints is dominant among the sample population. Although it was found that HK scores were significantly different from the U.S. scores, both HK and U.S. respondents were opposed to the view that tax evasion is always or almost always ethical. The strongest arguments justifying tax evasion were in cases where the government was corrupt, the tax system was unfair and unaffordable. The weakest arguments for justifying tax evasion were in cases where there was a selfish motive. The underlying cultural differences are further explored in hope of accounting for differing perceptions of ethics of tax evasion. Policy implications for increasing people’s awareness of ethics on tax evasion are also highlighted. (shrink)

Modeling and computer simulations, we claim, should be considered core philosophical methods. More precisely, we will defend two theses. First, philosophers should use simulations for many of the same reasons we currently use thought experiments. In fact, simulations are superior to thought experiments in achieving some philosophical goals. Second, devising and coding computational models instill good philosophical habits of mind. Throughout the paper, we respond to the often implicit objection that computer modeling is “not philosophical.”.

Resumen La ética es un saber filosófico que puede ser enfocado de distintas maneras, y una de ellas es el enfoque de la vulnerabilidad, que es un aspecto evidente de la realidad humana. Desde este punto de vista, es preciso distinguir entre la vulnerabilidad general y la vulnerabilidad contextual. Por su parte, en el caso de la vulnerabilidad contextual, es necesario distinguir entre la que es producto de opciones voluntarias y la que se produce por razones involuntarias. En el marco (...) de estas distinciones, reflexionamos sobre la situación de pandemia mun dial que estamos padeciendo y proponemos algunas medidas de carácter ético que pueden ser útiles para afrontar la crisis.Ethics is a philosophical knowledge that can be approached in different ways, and one of them is the approach to vulnerability, which is an evident aspect of human reality. From this point of view, it is necessary to distinguish between general vulnerability and contextual vulnerability. In the case of contextual vulnerability, it is necessary to distinguish between that which is the product of voluntary choices and that which occurs for involuntary reasons. Within the framework of these distinctions, we reflect on the global pandemic situation that we are suffering from and propose some ethical measures that may be useful in facing the crisis. (shrink)

According to legal tradition, the ideal judge is entirely dispassionate. Affective science calls into question the legitimacy of this ideal; further, it suggests that no judge could ever meet this standard, even if it were the correct one. What judges can and should do is to learn to effectively manage—rather than eliminate—emotion. Specifically, an emotion regulation perspective suggests that judicial emotion is best managed by cognitive reappraisal and, often, disclosure; behavioral suppression should be used sparingly; and suppression of emotional experience (...) is rarely helpful. We argue that the dispassionate-judge ideal presents a barrier to achieving the flexibility necessary for adaptive judicial emotion regulation. We suggest a new ideal, that of the emotionally well-regulated judge, and propose several directions for future research to strengthen ties between law and psychology, with particular attention to the study of emotion. (shrink)

Scholars have long posited justice as a core value of public relations. However, that value has been criticized as being improbably idealistic. Philosopher David Hume locates the origins of justice within the need for property and the reliable exchange of resources. Hume thus embeds the origins of justice within a staple of public relations theory: resource dependency theory. Additionally, Hume believes a respect for justice to be the foundation of a positive reputation. This grounding of the quest for justice in (...) resource dependency and reputation helps establish a realistic basis for accepting justice as a core value of public relations. (shrink)

Sociological Theory is an attempt to make sense of an intuited level of order transcending the level on which we as individuals live and think. This implies a dual explanatory task: on one hand, to provide a substantively meaningful third-person framework for the formation of theoretical statements, and, on the other, to provide an intuitively accessible answer to the question of why social order exists in the first place. A coherent linkage between these two forms of explanation, however, requires the (...) introduction of undemonstrable but nonaxiomatic claims, which undermines the coherence of the Theory. Consequently, there is pressure upon Theorists either to completely jettison one of the two explanatory tasks, or to attempt to redefine them in a way more amenable to this linkage but substantively unsatisfying. (shrink)

The main purpose of this article is to show that the essence of Mozi’s political theory, namely that a civil state is in its best or ideal condition when each citizen exercises universal care, is more defensible than it is usually thought to be. Doing this will require an exposition of the main features of his theory and occasionally reference arguments and considerations outside of Mozi’s text. We interpret the disagreement between Mozi and his alleged Confucian opponents as a disagreement (...) about the nature of political obligation: Confucians regard political service as a kind of noncontractual role obligation, while Mozi regards it as an obligation derivable from universal and impartial moral principles. (shrink)

The relationship between anarchy and the law is, to say the least, an uncomfortable one. The so-called ‘classical’ anarchist position – in all its heterogeneous tendencies – is, usually, characterised by a total opposition against the law. However and despite its invaluable contribution and the ever-pertinent critique of the state of affairs, this ‘classical’ anarchist position needs to be re-examined and rearticulated if it is to pose an effective nuisance to the current mechanisms of domination and the oppression of dogmatism (...) and dominance of the law. Taking into account the aforementioned challenges, in this article, I examine and develop two notions of the philosophical thought of Gilles Deleuze, namely that of the institution and that of the nomos of the nomads. In doing so, I aim to think anew the relationship between anarchy and the law and, ultimately, to point towards an ethico-political account, of what I shall call an an-archic nomos which escapes the dogmatism and “archist” mentality of the law. (shrink)

the article explores the putatively non-metaphysical – non-voluntarist, and even non-causal – concept of freedom outlined in Hegel’s work and discusses its influential interpretation by robert Pippin as an ‘essentially practical’ concept. I argue that Hegel’s affirmation of freedom must be distinguished from that of Kant and Fichte, since it does not rely on a prior understanding of self-consciousness as an originally teleological relation and it has not the nature of a claim ‘from a practical point of view’.

This article turns to the issue of political representation that I argue is central to all forms of political thought and practice of the modern period. Taking political representation as its object, I argue that its crisis—that comes to a head in the travails of the Weimar Republic—provided the opportunity for forms of neoliberal representation to displace political representation with purportedly “neutral”, non-partisan and thus “fair” representational tools. In contrast, I seek to develop the idea of “self-representation” with a discussion (...) of paths not chosen at Weimar and via Italianoperaismo’s reflections on “class composition”, which combines collective self-representation with political organization. Representing each member of a collective to another as it develops epistemic and cartographic tools, it constructs group solidarity, organization and the capacity to act as it reclaims the collectivity alienated in modern political forms of representation and excluded from neoliberal ones. (shrink)

Scientific progress has many facets and can be conceptualized in different ways, for example in terms of problem-solving, of truthlikeness or of growth of knowledge. The main claim of the paper is that the most important prerequisite of scientific progress is the institutionalization of competition and criticism. An institutional framework appropriately channeling competition and criticism is the crucial factor determining the direction and rate of scientific progress, independently on how one might wish to conceptualize scientific progress itself. The main intention (...) is to narrow the divide between traditional philosophy of science and the sociological, economic and political outlook at science that emphasizes the private interests motivating scientists and the subsequent contingent nature of the enterprise. The aim is to show that although science is a social enterprise taking place in historical time and thus is of a contingent nature, it can and in fact does lead to genuine scientific progress - contrary to the claims of certain sociologists of science and other relativists who standardly stress its social nature, but deny its progressive character. I will first deal with the factual issue by way of introducing the main concepts and mechanisms of modern institutional theory and by applying them to the analysis of the cultural phenomenon that we call modern science. I will then turn to the normative issue: what is the appropriate content of the institutional framework, for scientific progress to emerge and be sustained at which level should it be set and by whom? Addressing this problematic is equivalent to conducting a constitutional debate leading to a Constitution of Science. (shrink)

The issues of human cloning and stem cell retrieval are inseparable in circumstances in which the rationale of self-preservation may be invoked as a negative right. I apply this rationale to a hypothetical case in which cloning is necessary to preserve the bodily integrity or life of an individual. Self-preservation as moral integrity is examined in a narrower context, i.e., as applicable to those for whom deliberate termination of embryonic life is morally-problematic. This issue is addressed through comparison with two (...) paradigms commonly used in support of clinical practice: the distinction between letting die and killing, and the permissibility of vital organ retrieval after death. Although these paradigms are questionable in their own right, they offer a rationale by which scientists and clinicians may respect the negative right to moral integrity of those with whom they disagree. (shrink)

The aim of this paper is to provide a philosophic answer to a question, which is not at all rhetoric, as it may seem. The author, in fact, wonders whether identity has to be framed, as usual, as an absolute value, i.e., as an “all-or nothing” question. The conclusion of this inquiry is clearly a negative one: Identity, on the contrary, has to be seen as a value which is highly complex, fuzzy, and allowing for degrees, nuances, and trade-offs. In (...) modern societies there must be an interplay between identity and difference which is capable of ensuring institutional fairness and ongoing multicultural dialogue. (shrink)

Development literature on global gender empowerment devotes much attention to employment, a code word for the inclusion of women’s labor in the global market. Recent work in transnational feminisms shows that the emphasis on employment over assets may not prevent exploitation of labor and perpetuity of poverty. This paper first highlights research on how women are increasingly taking on too much responsibility, working in a confluence of survival-oriented activities that undermine their own well-being. I also address how women are increasingly (...) able to get out of poverty: when they can labor in such a way that they are not merely working to survive but also working for accumulation of their own material assets, foremost of which is basic housing. Finally, I consider these transnational feminist insights about the importance of housing for women in light of philosophical concerns about property ownership, specifically Locke’s theory of property. In justifying property rights through labor, and arguing against the state’s right to usurp property, a Lockean can give a defense against forced evictions that still occur in some contexts and give support for a normative connection between women’s labor and assets. (shrink)

Purpose. The paper is aimed to explicate a recently emerging anthropological model of homo eudaimonicus from its secular framework perspective. Theoretical basis. Secularity is considered in three aspects with reference to Taylor’s and Habermas’ ideas: as a common public sphere, as a phenomenological experience of living in a Secular Age, and as a background for happiness to become a major common value among other secular values in the Age of Authenticity. The modifications of happiness interpretation are traced from Early Modernity (...) till nowadays. The preconditions of the contemporary appeal to Aristotle’s eudaimonic theory of happiness are elucidated. The main characteristics of homo economicus anthropological model and reasons for its collapse in the contemporary world are analyzed. Specificities of the contemporary interpretations of eudaimonia are described with reference to the works of MacIntyre, Haybron, Hamilton, Kekes, Melnick, and others. A moral foundation and a behavioral strategy of homo eudaimonicus model are expounded and the role of this model in the life of a contemporary individual person and society is revealed. Originality. For the first time in the Ukrainian philosophical discourse, it is shown how secular ethics enables the rise of a new homo eudaimonicus model within a sphere of secularity; and it is argued that homo eudaimonicus is the result of overcoming the values crisis. It is revealed how homo eudaimonicus along with being descriptive becomes also a normative model of a new effective behavior strategy of a contemporary person facing the current social, economic, political, and environmental challenges. Conclusions. According to the contemporary interpretation, happiness as eudaimonia is a combination of the good life and the meaningful life; it is a human flourishing in this world through the accomplishment of a person’s life plan in the sphere of secularity. Homo eudaimonicus manifests the overcoming of values crisis and the rediscovery of purpose and meaning, this time on the secular basis. Homo eudaimonicus implies the realization of a person’s project of a happy and fulfilling life through moral behavior and socially useful activities. (shrink)

The article argues that environmental planetary discourses have coalesced into the Anthropocene crisis narrative and reformulated the state of nature apparatus of Western political theory. The Anthropocene, as an ecological state of nature of late capitalism, casts light on the logics of geopower, which assembles species thinking, a fascination with nonlife and sovereignty, and the imaginary of extinction and mutation. Geopower shifts governmental technologies from human populations and their ‘milieu’ to nonhuman species, energy flows and ecosystems, from political economy and (...) biopower to Earth science and systems ecology. This configuration of power suggests a shift in the neoliberal agenda and imposes the Earth as a political personage, generating threatening political myths and figures of chaos and sovereignty, such as Gaia, Chthulu and Climate Leviathans. (shrink)

It has been just over 100 years since the birth of Alan Turing and more than 65 years since he published in Mind his seminal paper, Computing Machinery and Intelligence. In the Mind paper, Turing asked a number of questions, including whether computers could ever be said to have the power of “thinking”. Turing also set up a number of criteria—including his imitation game—under which a human could judge whether a computer could be said to be “intelligent”. Turing’s paper, as (...) well as his important mathematical and computational insights of the 1930s and 1940s led to his popular acclaim as the “Father of Artificial Intelligence”. In the years since his paper was published, however, no computational system has fully satisfied Turing’s challenge. In this paper we focus on a different question, ignored in, but inspired by Turing’s work: How might the Artificial Intelligence practitioner implement “intelligence” on a computational device? Over the past 60 years, although the AI community has not produced a general-purpose computational intelligence, it has constructed a large number of important artifacts, as well as taken several philosophical stances able to shed light on the nature and implementation of intelligence. This paper contends that the construction of any human artifact includes an implicit epistemic stance. In AI this stance is found in commitments to particular knowledge representations and search strategies that lead to a product’s successes as well as its limitations. Finally, we suggest that computational and human intelligence are two different natural kinds, in the philosophical sense, and elaborate on this point in the conclusion. (shrink)

I explore the idea that the state should love its citizens. It should not be indifferent towards them. Nor should it merely respect them. It should love them. We begin by looking at the bases of this idea. First, it can be grounded by a concern with state subordination. The state has enormous power over its citizens. This threatens them with subordination. Love ameliorates this threat. Second, it can be grounded by the state's lack of moral status. We all have (...) reason to love everyone. But we beings with moral status have an excuse for not loving everyone: we have our own lives to lead. The state has no such excuse. So, the state should love everyone. We then explore the nature of the loving state. I argue that the loving state is a liberal state. It won't interfere in its citizens' personal spheres. It is a democratic state. It will adopt its citizens' ends as its own. It is a welfare state. It will be devoted to its citizens' well-being. And it is an egalitarian state. It will treat all its citizens equally. This constitutes a powerful third argument, an abductive argument, for the ideal of the loving state. (shrink)

O objetivo desse artigo é mostrar de que modo um problema no domínio da teoria contemporânea do direito suscita questões que podem encontrar esclarecimentos na filosofia de Thomas Hobbes. Para tanto, será primeiramente analisada uma decisão da Suprema Corte norte-americana que retoma um debate constitucional aberto há já quase vinte anos e que versa sobre os direitos civis1. Nesse contexto, a noção de República em Hobbes será apresentada enquanto fornecendo uma teoria sobre a interpretação jurídica que permite apanhar o bom (...) lado nesse debate. (shrink)

While Descartes’s Passions of the Soul has been taken to hold a place in the history to human physiology, until recently philosophers have neglected the work. In this research summary, I set Descartes’s last published work in context and then sketch out its philosophical significance. From it, we gain further insight into Descartes’s solution to the Mind--Body Problem -- that is, to the problem of the ontological status of the mind--body union in a human being, to the nature of body--mind (...) causation, and to the way body-caused thoughts represent the world. In addition, the work contains Descartes’s developed ethics, in his account of virtue and of the passion of générosité in particular. Through his taxonomy of the passions and the account of their regulation, we also learn more about his moral psychology. (shrink)

In the Leviathan, power can be understood in two different senses, which are carefully discriminated in its Latin version by the use of the terms potentia and potestas to translate, depending on the context and the type of power concerned, the English power. Potentia and potestas, although types of power of a different nature – one, the physical power that bodies have to take effect on each other; the other, the juridical power, out of which legal effects as justice itself (...) come about –, are mutually implicated in the intertwining of juridical representations. This article aims to explore the consequences that follow from this ambivalent concept of power to think about justice and natural right. (shrink)

No Leviathan o poder (power) pode ser entendido em dois sentidos diferentes, cuidadosamente diferenciados em sua versão latina pelo emprego dos termos potentia e potestas para traduzir, a depender do contexto e do tipo de poder em questão, o inglês power. Potentia e potestas, embora sejam tipos de poder de natureza distinta - um, o poder físico que os corpos têm de produzir efeitos uns nos outros; outro, o poder jurídico, do qual resultam efeitos jurídicos como a própria justiça -, (...) estão mutuamente implicados na trama das representações jurídicas. Esse artigo pretende explorar as consequências que se seguem deste conceito ambivalente do poder para se pensar a justiça e o direito natural. (shrink)

While the immediate aim of Walter Benjamin’s famous essay, “Critique of Violence,” is to provide a critique of legal violence, commentators typically interpret it as providing a further critique of state violence. However, this interpretation often receives no further argument, and it remains unclear whether Benjamin’s essay may prove analytically relevant for a critique of state violence today. This paper argues that the “Critique” proves thusly relevant, but only on condition that it is developed in two directions. The first direction (...) is conceptual, and consists in an explanation of the necessary relationship between states and violence. This explanation is found by appealing to a concept not cited in Benjamin’s text, but which, I argue, remains its implicit basis: sovereignty. According to this conceptual development, state violence is the necessary result of the state's attempt to maintain its sovereign law at the expense of emancipatory struggles to generate non-sovereign law. The second direction is genealogical, and consists in destabilizing the modern belief that justice is best served through the judicial channels of a sovereign state. Here I employ Michel Foucault’s genealogical research to demonstrate the historical contingency of state justice and, by extension, the possibility of a justice beyond the state. (shrink)

This article seeks to elaborate the step of epistemological affirmation that exists within every movement of learning. My epistemological method is rooted in philosophical hermeneutics in contrast to empirical or rationalist traditions. I argue that any movement of learning is based upon an entry into a hermeneutical circle: one is thrown into, or leaps into, an interpretation which in some sense has to be temporarily affirmed or adopted in order to be either absorbed and integrated, or overcome and rejected. I (...) illustrate this process through a retrieval of the concept of submission in pedagogy, particularly with reference to submission in Eastern traditions, as well as pre-modern Christian thought. These other traditions are introduced to contrast with the modern liberal Western perspective in which the role of submission has been almost entirely lost. (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)

This article presents an argument for the return to the original meaning of the concept value. This is achieved by revisiting the genealogy of the concept and by placing in perspective and questioning the common parlance thereof in contemporary legal discourse. The approach is decidedly against the often casual way in which courts and commentators treat the concept, seemingly as concretisation, validation, exegesis or reinforcement of fundamental norms, but without paying attention to its original meaning and use. It is submitted (...) that we confine our talk of values to the products of valuation, that is, the taste, the will, the esteem and/or perspective of some individual or group. Yet, it is not suggested that we completely discard the use of values discourse in law, the goal is rather to restate the inherent relativity of values language in legal discourse. This will bring necessary order to the current conceptual disarray and will foster mutual understanding and alliance. (shrink)

David Lewis’ contemplations regarding divine foreknowledge and free will, along with some of his other more substantial work on modal realism and his counterpart theory can serve as a springboard to a novel solution to the foreknowledge and metaphysical freedom puzzle, namely a proposal that genuine metaphysical freedom is compatible with determinism, which is quite different from the usual compatibilist focus on the compatibility between determinism and moral responsibility. This paper argues that while Lewis opens the doors to such a (...) possibility, in order to fully elucidate a genuinely metaphysical compatibilist account, Lewis’ own counterpart theory must be abandoned in favour of an account of trans-world identity that is theoretically framed by a modified version of Robert Nozick’s closest continuer theory. (shrink)

The idea that imperial Confucianism demands the commoners’ absolute political obedience is widespread. Although some scholars have tried to challenge this popular idea, they leave a theory of imperial Confucian political obligation unaddressed. By engaging with political propaganda of the Qing 清 dynasty, specifically The Amplified Instructions of the Sacred Edict, I argue that imperial Confucian political obligation is a theory of paternalistic gratitude. Accordingly, the commoners’ political obligation is conditioned upon the ruler’s parental benevolence, and as a matter of (...) history, this theory guided discursive interaction between the Qing court and the commoners. Indeed, when the empire’s policies made their lives difficult, the commoners tended to appeal to the public transcript of paternalistic gratitude to justify their political disobedience. Both in theory and practice, then, imperial Confucian political obligation is not absolute, but rather a conditional theory of paternalistic gratitude. (shrink)

This article examines Heidegger’s interpretation of Plato’s Sophist, focusing on his attempts to grasp Plato’s original thinking of being and non-being. Some contemporary thinkers and commentators argue that Heidegger’s view of Plato is simply based on his criticism against the traditional metaphysics of Platonism and its language. But a close reading of his lecture on the Sophist reveals that his view of Plato is grounded in Plato’s questioning struggle with the ambiguous nature of human speech or language. For Heidegger, Plato’s (...) way of philosophizing is deeper than the metaphysical understanding of Platonism which sees only fixed ideas of being. In the Sophist, dialectical thinking of Plato constantly confronts the questionable force of the logos which betrays the natural possibility of non-being based on the tension between movement and rest. Thus, from Plato’s original insight Heidegger uncovers the dynamic association of being and non-being as a natural ground of everyday living with others. However, although Heidegger’s understanding of the Sophist powerfully demonstrates the lively possibility of being beyond the customary perspective of Platonic metaphysics, his interpretation fails to further disclose Plato’s political question of being emerging in the Sophist, which seeks the true associative ground of human beings. (shrink)

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

Autonomous vehicles must be programmed with procedures for dealing with trolley-style dilemmas where actions result in harm to either pedestrians or passengers. This paper outlines a Rawlsian algorithm as an alternative to the Utilitarian solution. The algorithm will gather the vehicle’s estimation of probability of survival for each person in each action, then calculate which action a self-interested person would agree to if he or she were in an original bargaining position of fairness. I will employ Rawls’ assumption that the (...) Maximin procedure is what self-interested agents would use from an original position, and then show how the Maximin procedure can be operationalized to produce unique outputs over probabilities of survival. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 9, Page 1302-1328, November 2022. Robinson Crusoe is a mythic character who lives not only in the popular imaginary but through the history of political and social thought. Defoe’s protagonist lives marooned on his island, isolated and apart from society. The narrative is a perfect naturalisation of the ‘bourgeois’ world, dependent on an ontology of the self-sufficient individual. This article analyses this lineage in the social contract theory of Hobbes, Locke and Rousseau. Later, (...) Hegel used the novel to illustrate his dialectic of mastery/servitude. Challenging the atomism of the state of nature, Hegel’s theory of recognition gives an account of positive freedom, where the individual is formed in and through social interdependence. This sociality is continued by Marx, who satirises Defoe's novel in his value-form critique of political economy. The value-form provides insight into Robinson's island labour and Marx's difference with Locke's labour theory of value. For Marx, the myth of ‘natural man’ hides the domination of capitalist development and Robinson Crusoe reflects the internalisation of the abstract rationality of commodity society. However, Marx's immanent critique of the novel points to a radical idea of social life and freedom. (shrink)

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

In his posthumous work Power and Prosperity , the economist Mancur Olson asked why the economies of many of those countries of the former Soviet Union and other emergent countries that had at last adapted to the theoretical and practical presuppositions of the market economy had not seen themselves, notwithstanding, recompensed with the prosperity that this economic model promises to all those who follow its rules. The core of the answer was in a long paragraph that is perhaps elemental to (...) a jurist but may be original and worth remembering as an innovative thesis in the world of economists. (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)

Benjamin’s Critique of Violence (1921) has been a relevant source of legal and political philosophy about the nature of law, from Derrida to Menke. In this article, we rebuild the reading of Benjamin’s Critique proposed by Menke and consider the appropriateness of violence in the law not as a tragic tension, but as a condition for its reproduction. Finally, we will consider its paradoxical nature as a confirmation of the difference between the force of law and social-normative elements such as (...) recognition [ Anerkennung]. (shrink)