Positive arguments on behalf of passion are scarce in liberal political theory. Rather, liberal theorists tend to push passion to the margins of their theories of politics, either by ignoring it or by explicitly arguing that passion poses a danger to politics and is best kept out of the public realm. The purpose of this essay is to criticize these marginalizations and to illustrate their roots in impoverished conceptions of passion. Using a richer conception of passion as the desire for (...) an envisioned good, I argue that it is neither possible nor desirable to eliminate passion from politics. Passion should therefore be established as a central category of analysis in political theory alongside other key concerns. Key Words: passion • reason • politics • liberalism • eros. (shrink)

This essay returns to Jacques Derrida’s 1975 essay, “Economimesis,” to account for its unacknowledged Marxist language. Focusing on Derrida’s analysis of the mouth in the Critique of Judgment, this...

It is common to think that state enforcement is a restriction on freedom that is morally permitted or justified because of the unfortunate circumstances in which we find ourselves. Human frailty and material scarcity combine to make the compromise of freedom involved in exclusive state enforcement power necessary for other freedoms or other goods. In the words of James Madison, ‘if men were angels, no government would be necessary’ (1990: 267). But there is an opposing tradition, according to which the (...) very idea of freedom in society entails the necessity of state enforcement. However morally good human beings are, or whatever material conditions they find themselves in, on this view, the ideal of freedom we ought to be concerned to realise is such that it cannot be attained without state enforcement. It follows a priori from an important ideal of freedom that a state with exclusive enforcement power is necessary for individual liberty in society. In this paper, I argue against what I take to be the strongest argument of the a priori kind, which begins from the neo-republican ideal of freedom as non-domination, and thereby in (partial) defence of the alternative, Madisonian, view. Insofar as it is true that some sort of problematic domination will inevitably be present in a stateless society, I argue, the introduction of a state can do nothing to eliminate it. For the state to improve on even an ideal stateless society, it would need to give individuals control over the interference of potential dominators of a sort that could not be achieved in the ideal stateless society. -/- . (shrink)

The consequence argument is a powerful incompatibilist argument for the conclusion that, if determinism is true, what one does is what one must do. A major point of controversy between classical compatibilists and incompatibilists has been over the use of ‘can’ in the consequence argument. Classical compatibilists, holding that abilities to act are dispositions, have argued that ‘can’ should be analyzed as a conditional. But such an analysis of ‘can’ puts compatibilists in a position to grant the premises of the (...) argument while denying the conclusion. Incompatibilists remain unconvinced, and this corner of the debate over free will has reached a dialectical impasse. The present paper has two aims. First, to offer a new dialectical point of entry into this dispute on behalf of incompatibilists. By making use of Angelika Kratzer's influential semantic work on ‘can’ and ‘must’, I argue that incompatibilists are in a position to offer a plausible, positive treatment of ‘can’ that favors their view. Second, even if one does not think incompatibilism is thereby true (for as we shall see there are places to push back), the Kratzer semantics yields a number of important insights concerning the consequence argument that should be of broad interest. (shrink)

The idea of a self-organized system brings both political and biological discourses together, for they both aim at explaining how a certain compound can achieve self-unity out of plurality. Whereas biological metaphors in politics have been much examined, political metaphors in biology have not. In this paper I intend to show how political metaphors can enlighten biological discourses, taking the work of Aristotle as a case-study. The relationship between the main elements of a living-body could be better understood within a (...) political scheme: the soul rules over the body through pneuma, its prime minister. This scheme entails, thus, to re-examine Aristotle’s definition of soul in the light of the key concept of pneuma, and to replace the hylemorphic explanation with a triadic one. On the one hand, soul is the entelecheia of the body as it keeps both the form and the end of the organism, which is its unity. On the other hand, the moving-efficacious principle that performs unity by circulating through the body, and by linking the body to its environment is pneuma. Therefore, the political formula: “the king does not govern” could shed light upon the structure of the living body: whereas the soul rules the body, pneuma governs it. Although Aristotle does not build his biology upon political concepts, metaphors are already there, shaping his explanations, within the bio-theo-political paradigm of autarchy. (shrink)

Recently, religious organisations, governments and public institutions have begun to offer apologies for historical wrongs. Can they legitimately do so? Departing from the tendency, Professor Hubert Markl, President of the Max Planck Society, has offered strong reasons for not apologising for the crimes of medical scientists who experimented on human subjects during the Nazi era. He argues that only the perpetrators can meaningfully apologise. Markl’'s position is considered and rejected in favour of the view that apologies by proxy for historical (...) wrongs are justifiable and should be made by institutions that have the authority to do so. (shrink)

Experimentation in Technological Wisdom: Can the Political be Kept off the Practice Ground?Gert GoeminneCentre Leo Apostel, Vrije Universiteit Brussel, BelgiumCentre for Sustainable Development, Ghent University, Belgiume-mail: [email protected] Welcome VoiceI met Michel Puech for the first time in 2008 at a workshop entitled ‘Artificial Environments.’ In an interdisciplinary Science and Technology Studies spirit, this 2-day event at Roskilde University gathered philosophers and sociologists of science and technology, as well as architecture theorists. Being rather new to the STS-field at that point, I (...) had read the main authors of the Anglo-Saxon tradition, including Andrew Pickering and Peter‐Paul Verbeek, who were present at the workshop. And sure, I had acquainted myself with the work of the French masters such as Bruno Latour, Gilbert Simondon and Bernard Stiegler. I had never heard of the French philosopher of technology Michel Puech, though. But there he was, startin .. (shrink)

Sustainable development has increasingly found its way into the context of environmental legislation. Russian environmental legislation is not effective for transitioning toward sustainable development. The main obstacle is ignoring traditional environmental values, which are not properly incorporated into laws and regulations. However, rich Russian traditions and culture imply a big potential to develop environmental legislation in accordance with sustainable principles. The paper explores areas where environmental regulations should be revised and implemented with adequate legal mechanisms based on traditional values. This (...) paper contributes to the discussion of improving environmental legal norms in any domestic legislation. (shrink)

Most critiques of modernity rest on an inadequate understanding of its complexity. Modernity should be seen in terms of the question that guides modern thought. 77ns is the question of divine omnipotence that arises out of the nominalist destruction of Scholasticism. Humanism, Reformation Christianity, empiricsim, and rationalism are different responses to this question.

This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work (...) of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein. (shrink)

This article examines how the so-called disembodied criminal subject is given structure and form through the law of homicide and assault. By analysing how the body is materialised through the criminal law’s enactment of death and injury, this article suggests that the biological positioning of these harms of violence as uncontroversial, natural, and universal conditions of being ‘human’ cannot fully appreciate what makes violence wrongful for us, as embodied entities. Absent a theory of the body, and a consideration of corporeality, (...) the criminal law risks marginalising, or altogether eliding, experiences of violence that do not align with its paradigmatic vision of what bodies can and must do when suffering its effects. Here I consider how the bionic body disrupts the criminal law’s understanding of human violence by being a body that is both organic and inorganic, and capable of experiencing and performing violence in unexpected ways. I propose that a criminal law that is more receptive to the changing, technologically mediated conditions of human existence would be one that takes the corporeal dimensions of violence more seriously and, as an extension of this, adopts an embodied, embedded, and relational understanding of human vulnerability to violence. (shrink)

The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...) complementary devices through which our freedom and equality can be reconciled with moral and political authority. We should not think that there is simply one way by which relations of moral and political authority can be reconciled with our status as free and equal. I defend three distinct devices through which freedom and authority may be reconciled: justification to others, social choice and promise. All three are aspects of the ?consent tradition? broadly construed. (shrink)

La filosofía moral de Adam Smith se fundamenta en el papel de la imaginación para explicar el orden social en un nivel macro, y como mecanismo de identificación afec tiva en un nivel micro. En ambos casos, el rol de la imaginación en nuestra psicología moral refuta la tesis de un _homo economicus_, o de que el ser humano está motiva do a entrar en sociedad por su interés personal. Esto sirve de premisa para refutar la posición hobbesiana de un (...) estado de naturaleza histórico que está en la base de nuestros juicios morales que fundan la sociedad civil y la necesidad del magistrado. (shrink)

This paper concerns the relationship between two questions. The first is a question about inner freedom: What is it to be rendered unfree, not by external obstacles, but by aspects of oneself? The second is a question about agency: What is it to fail at being a thing that genuinely acts, and instead to be a thing that is merely acted upon, passive in relation to its own behaviour? It is widely believed that answers to the first question must rest (...) on or be partly explained by answers to the second. Here I argue that this is a mistake: losses of inner freedom are not, after all, explicable in terms of failures of agency. To establish this conclusion, I consider three familiar lines of thought that appear to tie ideas about inner freedom to ideas about agency, each relating to a different conception of inner freedom: absence of inner constraint, self-government, and absence of determination by external forces. I argue that, in each case, any apparent conceptual reliance on a special conception of agency is merely illusory, the result being that we must allow clear water between our theories of inner freedom and our theories of agency. This conclusion is of significance for contemporary theories of agency and personal autonomy, as well as for ‘positive’ conceptions of political liberty. (shrink)

Much theorizing about altruism has been undertaken within a naturalistic and deterministic sociobiological framework that has sought to explain altruistic action in terms of underlying genetic selfishness. Recently, however, social constructionist thinkers have developed an alternative to such theorizing which suggests that human action arises out of fundamentally open-ended and malleable social relationships. This paper intends to show, however, that a reductive egoism is nonetheless still at work in such accounts, typically taking the form of an underlying concern for matters (...) of personal status and social recognition. As a response, this paper will briefly outline the work of the French phenomenologists Maurice Merleau-Ponty and Emmanuel Levinas as an example of non-reductive and fundamentally Other-oriented alternatives to both sociobiological and social constructionist accounts of altruistic action. (shrink)

Gesellschaftskritik, or social philosophy that aims to provide firm criticism of pathological social practices, requires normatively grounded evaluative principles. In this article, we assess different possibilities for such principles with focus on a model that takes specific patterns of intersubjective interaction as its point of reference. We argue that in order to understand the full significance of this ‘intersubjective turn’ for social philosophy, and to strengthen the normative foundation of social philosophy, we need to distinguish several levels of intersubjectivity and, (...) in particular, focus on the somewhat neglected level of primary intersubjectivity. The article will discuss the account of primary intersubjectivity in Honneth’s work. We show that Honneth’s account runs into difficulties, and drawing on recent findings in developmental psychology, we suggest a rethinking of elementary recognition in terms of ‘affective proximity’. This both renders the account less susceptible to criticism and provides a normative perspective that can effortlessly enter into interdisciplinary collaboration. (shrink)

I propose to examine here, at the outset, what I call the asymmetry in Thomas Hobbes's thought between his treatment of civil war and war between states, that is to say, between the departure from the state of nature - when that is a condition prevailing between individuals - and the permanency in the state of nature when it forms a condition existing between states. Secondly, I will address the Kantian progression beyond this asymmetry through the dual introduction of the (...) idea of progress and of ‘cosmo-political’ peace. The attention given in recent years by Habermas to the Kantian idea of perpetual peace [Habermas, 1996], the recent events in Kosovo and Chechnya, and their implications for the shape of an international penal tribunal to judge crimes against humanity, invigorate the questions of civil peace and of rights which transcend state frontiers. (shrink)

Considerable attention has been devoted to the peculiar obligating force of interpersonal promises. But paradigmatic promising is not an orphan in the family of our moral concepts, and the focus on interpersonal promises has overshadowed sibling phenomena that any account of promises should also cover. I examine the case of single-party promises and argue, against the prevailing view, that we have good reason to take the phenomenon of making promises to oneself seriously. This supports what I call ‘the breadth criterion’: (...) theoretical accounts of promising should cover the entire breadth of the phenomenon of promising. I then argue that the breadth criterion poses a novel and formidable obstacle for two prominent views of promising, the social practice view and the expectation view. I conclude by suggesting that there is reason to think that the normative power view of promising may fare better. (shrink)

The United Nations' (UN) adoption of a Declaration on the Rights of Indigenous Peoples is intended to mark a fundamental ethical turn in the relationships between indigenous peoples and the community of sovereign states. This moment is the result of decades of discussion and negotiation, largely revolving around states' discomfort with notion of indigenous self-determination. Member states of the UN have feared that an ethic of indigenous self-determination would undermine the principles of state sovereignty on which the UN is itself (...) grounded. However, such fears are the result of very poor understandings of the ethical principles under which the relations between indigenous peoples and nation-states already have been formed under centuries of European colonialism. The principle of self-determination embraced in this Declaration does not diverge from colonial norms; it entrenches these norms as international policy. Without doubt, indigenous peoples are more likely to benefit than suffer from states' observance of the Articles within this Declaration. Reducing the challenge of indigenous peoples' rights to the notion of self-determination set out in this document, though, misses an extraordinarily important opportunity to critically investigate the ethic of rights that has produced an opposition between nation-states and indigenous peoples to begin with. A true turn in the ethics of this relationship would see not simply the institution of a right to self-determination but, rather, indigenous peoples' right to first determine the nature of self for themselves. (shrink)

Allen Buchanan argues that it doesn’t matter whether a state has authority in the sense of being able to create binding obligations for its citizens, so long as it is morally justified in wielding political power. In this paper, I look at this issue from a slightly different angle. I argue that it matters a great deal whether citizens relate to their state in an obligatory fashion. This is for two reasons. First, a fully morally justified state must be an (...) efficacious state; it must be able to realise its values and make its rules stick. My contention will be that enduring stability can only be secured when citizens, or at least a significant proportion of citizens, are tangibly bound to regulate their conduct in accordance with a principle of obedience to just states. Second, it is only when individuals interact in the right way with the justification for state power that the state itself as a pervasive and coercive entity does not pose a problem for them as reason-responsive agents. In fac.. (shrink)

Machiavelli's 500-year-old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present-day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Other interpretations of human nature are closer to Machiavelli's text, and current (...) relations among states are significantly different. The revised assumptions should make Machiavelli's followers more optimistic about international law and international courts. (shrink)

ABSTRACTThis paper explores similarities between the sacrilegious revaluations Nietzsche and Spinoza undertook with regards to Christianity and Judaism respectively. In both cases, these revaluations involve a devaluation of an ancestral religious tradition, followed by the infusion of alternative values posited through forms of secular salvation linked to immanent conceptions of eternity. Given the importance of the structural and phenomenological similarities the paper analyses, it is argued that if Nietzsche thought of himself as the Anti-Christ, there is a convincing case to (...) think of Spinoza as the Anti-Moses. And because both the Anti-Christ and the Anti-Moses not only devaluated their respective religious traditions, but also suggested forms of beatitude based on a valorizing notion of eternity, their efforts are profoundly religious. Accordingly, Nietzsche and Spinoza are not only arguably the greatest Christian and Jewish heretics, but also the prophets of innovative forms of secular and immanent... (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (shrink)

While he develops three different aspects of Lacan's “Real,” Slavoj Žižek does so only partially, in the end leaving an inconsistent and contradictory account. Here these three versions of the Real are outlined and clarified by showing their relation to Marx's account of capitalist exchange and socialist politics. This leads to a discussion of two other aspects of the Real that appear in Žižek's work: the pre-Symbolic Real and the “Sinthome.” Where the former is simultaneously the fear of a unified (...) working class and the fantasy of a world of “total enjoyment” without conflict, the latter is discussed here in terms of political struggle that takes on not only the form of a means to an end but also that of an end in itself. (shrink)

This essay argues that political realism is an effective heuristic for understanding The Book of Lord Shang, which it compares to the political thought of Machiavelli and Hobbes. It first lays out the premises of political realism as they emerge from this comparison: the real is the guiding heuristic of political realism; historical change is the fundamental condition; the nature of human beings is selfish but can also form customs favorable to political order. Based on these premises, the essay then (...) discusses the major propositions of political realism: the purpose of central authority is to provide the multitude with the benefits of order and to reward the ruler; the benefits of order warrant the commission of cruel deeds, also called the reason of state in the West; legal and extra-legal actions are the means by which the central authority imposes order and counters contingency; punishment is the primary means to make the laws prevail. The essay closes with considering the question of whether a fully implemented realist order could put an end to historical change. (shrink)

Dance is addressed as making significance for what Elias terms the civilizing process of early modernity through its contribution to the ennoblement of warriors and the pacification of merchants. The grounds for this are drawn from McNeill's contention that expenditure of muscular energy rhythmically in dance, as in military drill, but with different sociocultural consequences, is a fundamental human device for consolidating community feeling by facilitating cooperation by arousing a warm sense of togetherness. The significance of dance as a sociocultural (...) practice in early modernity is discussed critically through contemporary writings from the 16th and 17th centuries, with particular consideration given to the description of dance as an allegory for moral order in Elyot's manual on the education of the ruler. (shrink)

Cross-culturally two widely observed forms of social structure are individualism and ascribed hierarchies. Associated with these two types of social structure are a wide range of recurrent concomitant features. It is proposed that these two forms of social structure are common, in part, because they are associated with modular forms of understanding that lend intuitive support to them. In particular, it is proposed that individualistic open societies are associated with a folk-physics mode of construal whereas closed societies are associated with (...) a folk-biological mode of construal. These distinctions are illustrated with the European Enlightenment as a hypothesized transition from closed to open societies. (shrink)

My objective in this article is to consider the implications of Bernard Stiegler’s theory of the neganthropocene for the politics of knowledge and education. Stiegler sets out his theory of...

In this paper I consider contemporary expressions of what Freud called the primal crime and collapse of paternal law through an exploration of the cinema of the Danish-American Director Nicolas Winding Refn. Introducing the paper I outline Freud’s theory of the law, crime, and civilization, where social order and its transgression become caught in an endless cycle, before moving on to explore Winding Refn’s cinema. Following this work, where I centrally show how Freud founds the law upon structures of the (...) family and criminality, I consider Winding Refn’s early Danish films, specifically the Pusher trilogy and Bleeder, in order to show how he imagines the collapse of law and order into crime and violence through stories of the ruined family. Moving on, I explore the consequences of this situation through reference to Winding Refn’s middle period films, Bronson and Valhalla Rising, where first crime completely dominates the law, and second this situation conjures the idea of escape from the dystopia of violence and crime into some other utopian space. Finally, I explore Winding Refn’s later works, Drive, Only God Forgives, and The Neon Demon. In these films Winding Refn imagines the ruins of the family and the oedipal law of the father who is no longer on the scene and tells the story of the desperate orphaned child who grows up without the socio-symbolic structures in place in tell them how to live. At this point Winding Refn’s crime system is more or less entirely normalised with the result that it generates the idea of utopian possibility in order to imagine potential escape from the nihilistic horror of an asocial system where exchange is everything. (shrink)

ABSTRACTTo support members who frequently grapple with ethical issues, a number of PR professional associations developed models for ethical decision making that they make available to members for reference and professional development purposes. However, the models put forward are, clearly, inadequate for tackling more complex ethical issues. The purpose of this study is thus to supply theoreticians and practitioners with conceptual tools for more effectively thinking through this complexity in ethics decisions. In meeting this objective, we initially set out a (...) conceptual framework that comprises the model’s field of application and theoretical underpinnings, as well as advanced techniques for weighting, balancing interests and managing reputation. In tandem with the theorization, we look at some applications for the conceptual framework through case studies. (shrink)

Rousseau's political thought has been accredited with major influence upon subsequent radical democratic thinking, but in fact its contradictions and obscurities render the real import of its legacy deeply ambiguous. This article aims to identify its central message through clarification of the Social Contract's presuppositions and prescriptions, interpreted in the light of his other writings. Although the modernity of his thought is evident in the priority he gives to individual freedom, Rousseau's disturbing novelty lies in his belief that this can (...) only be reconciled with the interests of political community when people are, by contemporary standards, severely underdeveloped in their individuality. For him, modern socialization irreversibly blocks this reconciliation and compounds the oppression of individuals by distorting their authentic identities. Thus, Rousseau ought to be seen as offering nothing but a critique of any aspiration to salvage genuine liberty in society now. The article urges a redefinition of his contribution to political thought and depicts him as an early articulator of powerful challenges to the main aims of contractarian and democratic theory, which the latter is still unwisely apt to ignore. (shrink)

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 open access book provides an exploration of the consequences of the ontological differences between natural and social objects (sometimes described as objects of nature and objects of thought) in the workings of causal and agency relationships. One of its important and possibly original conclusions is that causal and agency relationships do not encompass all of the dependent relationships encountered in social life. The idea that social reality is contingent has been known (and largely undisputed) at least since Wittgenstein’s “On (...) Certainty”, but social science, and most notably economics has continued to operate on the basis of causal and agency theories borrowed or adapted from the natural sciences. This volume contains essays that retain and justify the partial or qualified use of this approach and essays that totally reject any use of causal and agency theory built on determined facts (closed systems).The rejection is based on the possibly original claim that, whereas causation in the objects of the natural sciences reside in their properties, human action is a matter of intentionality. It engages with critical realist theory and re-examines the role of free will in theories of human action in general and economic theory in particular. (shrink)

En este artículo realizo una comparación de las teorías del castigo legal en la filosofía del derecho de Kant y de Hegel. La tesis que busco defender es que, al menos en lo que concierne a este tópico, las posiciones de Kant y de Hegel no deberían leerse en franca oposición, sino como pertenecientes a una familia común de teorías penales retributivistas. El análisis comparativo que presento busca arrojar luz sobre ciertos aspectos estructurales de su filosofía del derecho como un (...) todo y sobre algunas estrategias habituales en ellos en su procedimiento de justificación jurídico-filosófica. La discusión que aquí se presenta mostrará, no obstante, algunas limitaciones de ambas teorías y esbozará a grandes rasgos, a modo de solución a dichas dificultades, una lectura en la cual las concepciones filosóficas de Kant y de Hegel en torno al castigo legal son más bien consideradas como complementarias. (shrink)

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

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

In its enunciation of “We the people,” the Constitution of the United States of America becomes a constitution of the flesh as it simultaneously invokes a constitution, a nation and a people. Correspondingly, its amendments as a list of rights pertaining to sex and race discrimination, and freedoms of bodily movement and action, assert the Constitution’s authority through the evocation of “natural” human bodies. In this article, I explore the way in which a sovereignty of the United States’ Constitution is (...) realised in the particularlised bodies of its citizens. The fundamental and foundational laws of the United States, and the narratives and myths used to interpret them, are in part rendered legitimate by the Constitution’s embodiment, which extends from its physical manifestation in written documents into the flesh of its citizens. In order to make this argument, I turn to the film The Matrix (1999), the success of which relies on an investment in bodies and the United States’ Constitution as matter through its interwoven narrative themes of human slavery and emancipation, reality and computer-generated simulation. At the same time, The Matrix extends its ideological play into the bodies of its audience, who experience the film’s thrillingly sensorial fantasies of constitutional rights while enjoying its affective special effects. Thus, the sovereign authority of United States constitutional law is experienced as “natural” through the phenomenological experience of cinema. (shrink)

Hobbes repeatedly expressed concerns about moral and political language, e.g., about the bad consequences of various uses and misuses of language. He did not simply focus on the consequences though. He also attempted to understand the problems, using the central semantic notion in his philosophy of language, signification. Hobbes, in both the Elements of Law and Leviathan, argues that a wide variety of terms – including ‘good’, ‘bad’, and the names of virtues and vices – have a double and inconstant (...) signification. This paper explores and explains that theory of Hobbes's. (In the course of the discussion, two other interpretations of Hobbes's claims are discussed: Pettit’s discussion in terms of indexicals, and Alexandra’s in terms of sense and reference.) This phenomenon is, Hobbes thinks, pervasive in our use of moral and political language. Indeed he says his analysis applies to all “names of such things as affect us, that is, which please, and displease us” (Leviathan 4.24), which seems a very broad category indeed. This inconstancy of signification has considerable potential to cause confusion and conflict. Given those practical consequences, it is of some importance for Hobbes to find a solution to this problem. The paper examines several possible Hobbesian solutions to the problem. There is, however, reason to think that these suggested solutions cannot completely solve the problem. The paper concludes, then, by arguing that double and inconstant signification would always be a danger, even in a properly constituted Hobbesian commonwealth. (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)