Early modern theorists linked the idea of sovereign power to a conception of absolute power developed during the medieval period. Ockham had reframed the already extant distinction between God's absolute and ordained powers in order to argue that God was free of moral constraint in ordaining natural law for human beings. Thus, the natural law could command the opposite of what God had ordained if He wished to make it so. Bodin extended Ockham's argument to earthly sovereigns, who do not (...) (he argued) have to obey civil law. However, Bodin undermined his absolutism by maintaining that civil law has to be consistent with natural and divine law. Hobbes more consistently argued that while mortal sovereigns are accountable to God, the power of sovereigns to command is not subject to moral constraints. Underlying Ockham's view of God's sovereignty, and Bodin's and Hobbes's view of earthly sovereigns, is a notion of the will's unconstrained power. But this notion is self-referentially incoherent. This incoherence, in turn, infects the very notion of sovereignty. (shrink)

I suppose I’m writing this because of my 1965 paper on Pacifism. In that essay I argued that pacifism is self-contradictory. That’s a strong charge, and also not entirely clear. Let’s start by trying to clarify the charge and related ones.Pacifism has traditionally been understood as total opposition to violence, even the use of it in defense of oneself when under attack. I earlier maintained (in my well-known “Pacifism: A Philosophical Analysis” (Narveson, Ethics, 75:4, 259–271, 1965)) that this position is (...) contradictory, if it is intended to mean that one has no right to use violence. While that is perhaps going too far, pacifism as so characterized is surely, as I have later argued, self-defeating in an obvious sense of that expression. But in any case, contemporary theorists who describe their views as pacifist profess to hold no such doctrine—they regard that familiar characterization of pacifism as a caricature. They do express strong opposition to war, but even that is not unlimited. If the chips are genuinely down, they will approve going to war-level self-defense—but they deny that it ever is really necessary, or at least that it is necessary nearly as often as actual war-making behavior among nations would suggest.In this it is not clear that we have a purely philosophical disagreement. How much opposition to war qualifies a view as “pacifist”? That is now very hard to say. After all, all decently liberal thinkers are against violence as a standardly available way of pursuing one’s ends. We all agree that if violence is to be justified, it takes something special. It should be a “last resort,” Just War theorists have classically said, and while ‘last’ is very difficult to pin down, at least, violence should be very far from the first thing a responsible nation thinks of. What’s more, the “something special” is not just that one’s ends are so important. It has to be that the violence would be employed in defense, of self or of other innocent parties under threat. So if there is genuine disagreement, it must be along this line: that we are morally required to make very substantial sacrifices in the pursuits of our otherwise legitimate interests, including our interests in security, in order to avoid using the violence of war.Is this reasonable? I think not. We should, of course, be reasonable, and that includes refraining from violence—except when the violence is necessary to counter the aggressive violence of others. For we reason, on practical matters, in terms of benefits and costs. Agents, especially political agents, can, alas, benefit from violence where that violence is unilateral. Thus it is rational to see to it that it won’t be unilateral. And when it is not unilateral, then the balance is in favor—strongly in favor—of peace. It remains that we must, alas, be able to make war in the possible case that we can’t have peace. When everybody shares the preference for peace, then we can scale down and hopefully even eliminate war-making capability. (Contemporary nations have already scaled down considerably—there have been few wars in the classic sense of military exchanges between states as such in recent times.) But until the scaling down is universal and includes a genuine renunciation of the use of warlike methods to achieve ends other than genuine self-defense, what most of us think of as “pacifism” is a non-option in the near run. (shrink)

This article examines the existing confusion over the multiple leadership styles related to successful implementation of corporate social responsibility/sustainability in organisations. The researchers find that the problem is the complex nature of sustainability itself. We posit that organisations are complex adaptive systems operating within wider complex adaptive systems, making the problem of interpreting just in what way an organisation is to be sustainable, an extraordinary demand on leaders. Hence, leadership for sustainability requires leaders of extraordinary abilities. These are leaders who (...) can read and predict through complexity, think through complex problems, engage groups in dynamic adaptive organisational change and have the emotional intelligence to adaptively engage with their own emotions associated with complex problem solving. Leaders and leadership is a key interpreter of how sustainability of the organisation ‘links’ to the wider systems in which the organisation sits, and executing that link well requires unusual leaders and leadership systems. (shrink)

Liberty is viewed as the reigning paradigm of our age, but it is a paradigm in crisis. It is conventionally divided into two types, positive and negative. The argument here is that both types can be seen to presuppose some capacity, which may extend to power. Liberty, however, is normally accorded a higher moral value than power. But if liberty is taken itself to reflect a commitment to power, then the disvalue ostensibly placed upon the latter is unreliable. Furthermore, if (...) liberty in effect reflects a (veiled) celebration of power, then it may not be in order to accord it the precedence which is customary. We may well be entitled to look beyond liberty to other values, such as tolerance and friendship, which are not necessarily expressions of liberty, but which may prove quite as worthy. (shrink)

Abstract Bentham favored a free press as an instrument of public control of the state, in the interest of the general happiness. Kant favored free public discussion as an instrument for the development and expression of autonomous rationality. But a free press embodied in the property rights of the owners of the press may well fail to achieve either Benthamite or Kantian goals. Such goals lead to a personal right to communicate rather than to a corporate right to press freedom.

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)

Using both Confucian texts and the work of American pragmatist John Dewey, this book offers a distinctly Confucian model of democracy.

In a tribute to the intellectual legacy of Peter Fitzpatrick, this article explores the poiesis of modern law, as a constitutive ambivalence distilled in the affinity between law and literature. Reading with Fitzpatrick, the resolution of the contradictions of this law in myth depends, paradoxically, upon its fundamental irresolution. Reflecting upon the profound significance of his revelation of the mythology of modern law and its scholarly reverberations, I consider the constitutive tensions of this law as exemplified in the relation between (...) praxis and poiesis, the operative function of the former dependent upon the creative unfolding of the latter. The alchemy of autopoiesis, by which law boldly proclaims itself law, is made explicit in the eschatology of its archive and the formation of its sovereign subject in negation. Revealing the literary dimensions of this law, the conceit of autonomy is nonetheless subject to the subversive substitutions of the supplement. Pressing yet further, the autopoiesis of law is found to be enfolded within a generative sympoiesis, constituted by the movement between its apposite dimensions. Ultimately, extending Fitzpatrick’s rendering of the irresolution of modern law as decolonial, I explore the possibilities afforded by a reading of the fundamental mutuality of myths, and the decolonial conviviality of poiesis. (shrink)

Adherence to certain religious beliefs is often cited as both an efficient deterrent to immoral behavior and as an effective trigger of morally praiseworthy actions. I assume the truth of the externalist theory of motivation, emphasizing emotions as the most important non-cognitive elements that causally contribute to behavioral choices. While religious convictions may foster an array of complex emotions in a believer, three emotive states are singled out for a closer analysis: fear, guilt and gratitude. The results of recent empirical (...) studies are examined to evaluate the relative motivational efficiency of all three emotions, as well as the likely negative psychological side-effects of these affective states, such as aggres­sion and depression. While an action motivated by fear of punishment can be seen as a merely prudential strategy, the reparatory incentive of a guilty subject and a desire to reciprocate of the one blessed by undeserved favors are more plausible candidates for the class of genuine moral reactions. The available evidence, how­ever, does not warrant a conclusion that a sense of guilt before God or as a sense of gratefulness to wards God, may produce a statistically significant increase in the frequency of prosocial actions aimed at other humans. (shrink)

Substantive renderings of tyranny, hegemony or anarchy as governance forms within international law seldom appear. When invoked, tyranny and anarchy are presented as exceptional while hegemony, in accounts often borrowed from international relations scholarship, is defined as mundane and a natural explanation of international legal governance. This article puts forward substantive accounts of all three—tyranny, anarchy and hegemony—and utilises these to understand a single event, the airstrikes against Syria after the use of chemical weapons by the Assad Government in 2018. (...) This event is first described in detail. The article examines the current use of the three theories in international legal theory and considers their substantive content. Next, these three theories are applied both singularly and in combination to the events in Syria to demonstrate what can be observed about international law through their deployment. This article shows the value of understanding the operation of international law through each of these prisms in their substantive form but also, and most markedly, what can be understood when all three frames are combined to explore a single event. (shrink)

This is the Introduction to a collected volume.

In the second book of theConfessions, Augustine flabbergasts his interpreters by exaggerating an adolescent escapade (a pear theft) and making it a monstrosity. He conjectures that the pear thieves might have commited the theft purely for the sake of thieving, and thus, that they displayed a kind of evil that is not even presented by the arch-villain of Ciceronian antiquity, the conspirer Catilina. Following Aquinas’ interpretation this comparison has been considered a reductio in most of the relevant literature up to (...) now. This paper presents a different interpretation: Augustine is mostly serious about his claim–and there might be more to his argument than meets the eye. The interpretation developed in the present paper is based on a construal of the pear theft as collective agency. (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)

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)

The paper examines the place of power in the action theories of Francisco Suarez and Thomas Hobbes. Power is the capacity to produce or determine outcomes. Two cases of power are examined. The first is freedom or the power of agents to determine for themselves what they do. The second is motivation, which involves a power to which agents are subject, and by which they are moved to pursue a goal. Suarez, in the Metaphysical Disputations, uses Aristotelian causation to model (...) these two forms of power. Freedom is efficient causation, but in a special form that I explain as involving something that ordinary causation does not – the contingent determination of outcomes. Motivating power is final causation, which Suarez characterizes as the power of a goal or end to move us to attain it through its goodness or desirability. Suarez regards these two forms of power as consistent – we can be moved by the goodness of a goal freely to determine for ourselves that we act in order to attain it. Hobbes denied the existence of all forms of power beyond ordinary causation, the power of one motion in matter to determine another. So he denied the very existence both of freedom and of any form of motivating power beyond the ordinary causal power of desires as materially based psychological states to produce actions. The goodness itself of a goal never moves us, whether to desire the goal in the first place or to act in order to attain it. The paper examines Hobbes’s arguments and their consequence – establishing the foundations for Hume’s scepticism about practical reason. (shrink)

How should we assess programs dedicated to education in virtue? One influential answer draws on quantitative research designs. By measuring the inputs and processes that produce the highest levels of virtue among participants according to some reasonable criterion, in this view, we can determine which programs engender the most desired results. Although many outcomes of character education can undoubtedly be assessed in this way, taken on its own, this approach may support favorable judgments about programs that indoctrinate rather than educate, (...) because education in character entails teleological thinking that is volitional not merely determined. I argue instead that proper assessment of virtue requires an expansive view of character education in both particular and common goods that avoids the tendency to indoctrinate and an inclusive conception of measurement that takes into account qualitative in addition to quantitative methodologies. (shrink)

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

One of the hallmark themes of Karl Popper’s approach to the social sciences was the insistence that when social scientists are members of the society they study, then they are liable to affect that society. In particular, they are liable to affect it in such a way that the claims they make lose their validity. “The interaction between the scientist’s pronouncements and social life almost invariably creates situations in which we have not only to consider the truth of such pronouncements, (...) but also their actual influence on future developments. The social scientist may be striving to find the truth; but, at the same time, he must always be exerting a definite influence upon society. The very fact that his pronouncements do exert an influence destroys their objectivity.” (Popper 1963. (shrink)

Modern management reporting on its company''s performance is influenced by individuals ethical considerations. Stakeholders philosophies have continued to change over the last 75 years affecting reporting systems for companies reporting information internally and externally. These fundamental changes in philosophy have affected how information is conveyed. We are not claiming that only one philosophical viewpoint dominates companies reporting practices, but there does appear to be a changing trend of philosophies building on one another. We use resource dependence theory in relationship to (...) a decision-making model to explain changing stakeholders positions over time. This paper argues that six dominant philosophical theories have influenced the way individuals and organizations report financial and other information. Further, these philosophies then are depicted in a model that helps us to understand what influences companies to present themselves to the outside world. A vignette is used to depict changing philosophical views for several companies management report over 75 years. (shrink)

Experiences of moral distress encountered in psychiatric practice were explored in a hermeneutic phenomenological study. Moral distress is the state experienced when moral choices and actions are thwarted by constraints. Psychiatrists describe struggling ‘to do the right thing’ for individual patients within a societal system that places unrealistic demands on psychiatric expertise. Certainty on the part of the psychiatrist is an expectation when judgments of dangerousness and/or the need for coercive treatments are made. This assumption, however, ignores the uncertainty and (...) complexity of reality. Society entrusts psychiatrists to care for and treat those among its most vulnerable members: persons deemed to have a severely diminished capacity for autonomy due to a mental disorder. Simultaneously, psychiatrists are held accountable by society for the protection of the public. Moral distress arose for psychiatrists in their efforts to fulfill both roles. They described an ‘outsider/insider’ status and the ways in which they attempted to cope with moral distress. (shrink)

During the post-Second World War period, Adam Smith’s moral theory was down-played and he acquired the undeserved reputation of an amoral, radical individualist. The trend in recent scholarship has been to rehabilitate him as a moral theorist and this article continues that trend. After a sketch of Smith’s moral theory, the article addresses his little-studied views on moral education. This education is important in the creation of human excellence and social stability. Smith offers a series of recommendations about the moral (...) education of the young. For him, liberal society needs moral education: some of it is to be provided privately and some is to be provided by the public. (shrink)

The so-called European principles of bioethicsare a welcome enrichment of principlistbioethics. Nevertheless, vulnerability, dignityand integrity can perhaps be moreaccurately understood as anthropologicaldescriptions of the human condition. Theymay inspire a normative language, but they donot contain it primarily lest a naturalisticfallacy be committed. These anthropologicalfeatures strongly suggest the need todevelop deontic arguments in support of theprotection such essential attributes ofhumanity require. Protection is to beuniversalized, since all human beings sharevulnerability, integrity and dignity, thusfundamenting a mandate requiring justice andrespect for fundamental human (...) rights.Being a feature of all humanity, vulnerabilityis improperly extended to designatedestitute individuals and populations. Rather,they are in a state of fallen vulnerability,for they already are harmed in some way, andhave become deprived of their range ofcapabilities. These individuals are destituteand are no longer in command of theirfundamental human rights. They have lost thestatus of unharmed vulnerability;identifying them as susceptible – vulnerated andno longer only vulnerable – stresses thepoint that bioethics demands specific socialaction to palliate or remove their distress.When harm does occur – in the form of disease,for example –, individuals are no longervulnerable – for they have ceased to be intact–, they become susceptible to additionaldeprivations and sickness; integrity isdemeaned and dignity is offended, leading tostates of dysfunction that require specificremedial social practices, aimed at treatingand removing injuries.The main point this paper addresses is thatvulnerability – as well as dignity and integrity – are descriptive characteristics ofhuman beings qua humans, which are not normative in themselves, but fundamental enoughto inspire bioethical requirements of protection and respect for human rights in thewake of social justice. A clear distinction must be made in regard to human beings who areinjured by poverty, sickness, discriminating deprivations or suffer otherdestitutions, having ceased to be only vulnerable for they are no longer intact. Theseindividuals and populations require more than protection, their needs must be met byspecific care and remedial measures to be identified and instigated by bioethics quaapplied ethics. (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)

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)

The paradigm case of power as ?power over? (not ?power to') betrays a concern (1) more with the capacity to dominate others than with the unqualified capacity to act as such; (2) more with the fact, than with the morality, of dominance ? underscoring the key analytical distinction between ?power? and ?authority'; and (3) more with compulsion than co?operation. The three moves to combine (1) ?power over? with ?power to?, (2) ?power? with ?authority?, and (3) ?power? with ?co?operation?, are all (...) seen as inflationary, diminishing the value of the paradigm case, and assisting in rendering power, in its actual operations, both more obscure and insidious. Tumbling down this slope, there is a further argument, to the same effect, but secured by deflating, rather than inflating, the paradigm case. This deflationary argument (4) views luck as an alternative to power. In a world of dizzying technological innovation, marked by a deepening gap between rich and poor in the cities, between advanced and dependent states, we confront an inclination in many quarters both to expand and to contract power, so that it is everything and everywhere, thus nothing and nowhere. In attempts to substitute luck for power, it becomes difficult to assign to power responsibility, as heretofore. This paper is the first of two parts, taking a critical look at the overwhelming of power by inflation. The second part of this paper will be published in a subsequent issue, and it critically inspects the argument for deflation. (shrink)

Due to the domain characteristics of business ethics, a contractarian theory for business ethics will need to be essentially different from the contract model as it is applied to other domains. Much of the current criticism of contractarian business ethics (CBE) can be traced back to autonomy, one of its three boundary conditions. After explaining why autonomy is so important, this article considers the notion carefully vis à vis the contracting partners in the contractarian approaches in business ethics. Autonomy is (...) too demanding a condition for the realm of CBE. But a less stringent version of the contract may be possible, a version which uses the contract as a heuristic device, which merely requires moral responsibility. Furthermore, it is argued that views of (human) agency and the moral subject should be made explicit in such a theory. (shrink)

This paper compares and contrasts the philosophical positions of Hobbes and Rousseau from the standpoint of interpersonal communication theory. Although both men argued from the state of nature, they differed fundamentally on the nature of humankind and the purpose of relationships. These differences should be of concern for interpersonal scholars insofar as they reflect differing sets of axioms from which to begin theorizing. The second part of the paper establishes a link between Hobbes' philosophy and the social exchange tradition: The (...) Hobbes-social exchange tradition begins with the assumption that individuals form relationships to maximize rewards and minimize costs; a Rousseauist position must begin with the assumption that individuals form relationships in pursuit of some common goal. Thus, relational continuity and quality are not a function of cost-benefit ratios, but of how well partners work together toward their common good. (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)

This paper considers three accounts of the relationship between personal immortality and materialism. In particular, the pagan mortalism of the Epicureans is compared with the Christian mortalism of Thomas Hobbes and John Locke. It is argued 1) that there are significant similarities between these views, 2) that Locke and Hobbes were, to some extent, influenced by the Epicureans, and 3) that the relation between mortality and materialism is not as straightforward as is commonly supposed.

In this paper, I show that Kant’s solution to the third antinomy is a reply sui generis to the consequence argument. If sound, the consequence argument yields that we are not morally responsible for our actions because our actions are not up to us. After expounding the modal version of the consequence argument advanced by Peter van Inwagen, I show that Kant accepts a key inference rule of the argument as well as a requirement of alternate possibilities for moral blame. (...) Kant must therefore reject one of the premises of the consequence argument to be able to deny its conclusion. Whereas Kantian altered-past compatibilism denies the premise of the consequence argument which states the fixity of the past, Kantian altered-law compatibilism denies the premise that states the fixity of the laws of nature. My analysis shows that Kantian altered-past and altered-law compatibilism are logically consistent, yet it also reveals that they depend on strong metaphysical premises. It must be investigated whether these premises withstand textual scrutiny and whether they are credible in their own right. By way of conclusion, I draw the outlines of this investigation. (shrink)

Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on Italian (...) case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution. (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 Metaphysical Themes, Robert Pasnau interprets Thomas Hobbes as an anti-realist about all accidents in general. In opposition to Pasnau, we argue that Hobbes is a realist about some accidents (e.g., motion and magnitude). Section One presents Pasnau’s position on Hobbes; namely, that Hobbes is an unqualified anti-realist of the eliminativist sort. Section Two offers reasons to reject Pasnau’s interpretation. Hobbes explains that magnitude is mind-independent, and he offers an account of perception in terms of motion (understood as a mind-independent (...) feature of body). Therefore, it seems incorrect to call Hobbes an anti-realist about all accidents. Section Three considers Pasnau’s hypothetical response: he might claim that for Hobbes, motion reduces to body and does not exist in its own right. Section Four notes that reductionism about all accidents does not entail anti-realism about all accidents. Even granting Pasnau’s anticipated response, his anti-realist reading does not follow. Contra Pasnau, Hobbes is best understood as claiming that motion and magnitude exist mind-independently. (shrink)

Feminist scholars have long debated on a key contradiction in the political theory of Thomas Hobbes: While he sees women as free and equal to men in the state of nature, he postulates their subjection to male rule in the civil state without any apparent explanation. Focusing on Hobbes’s construction of the mother–child relationship, this article suggests that the subjugation of the mother to the father epitomizes the neutralization of the ancient principle of ‘governance’, which he replaces with a novel (...) concept of ‘power’ as formally authorized command. This scrutiny leads to three main conclusions: a radicalization of Pateman’s concept of ‘sexual contract'; the acknowledgement that patriarchy is inseparable from the logic of political authority constructed by Hobbes; and the claim that criticism of patriarchal rule requires an overall problematization of the mainstream conception of political participation we have inherited from modern political science. (shrink)

Democracy seems to be no longer self-evident. Colin Crouch and others describe a growing sense of alienation in politics: democratic institutions and procedures may be working properly, yet they themselves promote non-democratic values such technocracy, oligarchy, elitism. For the citizens, only an illusion of democracy persists. The article argues that the weakening of democracy in practice mirrors the vanishing of democracy in political theory and philosophy. We may face a crisis of democratic politics as a result of a crisis of (...) democratic theory. Predominant theories of democracy fail, for the most part, to adequately reflect the changing social conditions in democratic societies and to offer a conception of democratic politics that would address current legitimacy deficits. The article discusses prominent theoretical approaches and points out that all have difficulties conceptualizing possible resources for democratization adequate to contemporary issues and conditions. A new version of political theory is outlined and defended, such that builds upon a redefined notion of democratic sovereignty and communicative power, complex enough to reflect the sociological reality of today’s politics and to reach beyond the institutionalized and formalized setting of democracy. (shrink)

Michael Oakeshott’s distinction between ‘civil association’ and ‘enterprise association’ has inspired international society theorists to conceive of international society as not just a ‘purposive association’ constructed by states to satisfy their interests but also as a ‘practical association’ providing formal and pragmatic rules that are not instrumental to particular goals of state policy. While this article is supportive of the Oakeshottian turn in international society theory, it suggests that somewhat different conclusions can be drawn from it. The article sketches out (...) an alternative conception of international ‘civil association’, one that transcends the boundaries of communities. It is argued that such a notion of civil association is both possible and at the same time anchored in the experiences of the modern state. It is suggested that this notion of international civil association, when sustained by an adequate legal conception, promotes the enforcement of moral and political responsibility acr... (shrink)

Contemporary experimental philosophers sometimes use versions of an argument from the history of philosophy to defend the claim that what they do is philosophy. Although experimental philosophers conduct surveys and carry out what appear to be experiments in psychology, making them methodologically different from most analytic philosophers working today, techniques like theirs were not out of the ordinary in the philosophy of the past, early modern philosophy in particular. Or so some of them argue. This paper disputes the argument, citing (...) important differences between early modern philosopher-scientists – Descartes, Hobbes and Boyle – and their supposed modern counterparts. Although there is some continuity between early modern philosopher-scientists and the contemporary experimentalists, it is mostly a continuity of interest in empirically informed philosophy, not a distinctively experimental philosophy. (shrink)

Inspired by Patrick Lee’s “A Christian Philosopher’s View of Recent Directions in the Abortion Debate,” this essay raises the question of how effective philosophical arguments can be in determining the moral status of legalized abortion. On one hand, Christian philosophers have been successful in explaining both the humanity and the personhood of the unborn child, as well as exposing the incoherence of those who would deny the unborn child’s humanity or personhood. Nevertheless, in order to confront the pro-abortion position in (...) its most radical form, a much more complex philosophical argument must be given. Following thinkers such as Alasdaire MacIntyre, Christian philosophers must articulate and promote a philosophical position according to which morality is conceived in richer terms than the mere respecting of individual rights. The social dimension of human nature must be rediscovered in order that the happiness and welfare of others becomes a desirable goal in and of itself. According to a morality where individual rights is the bottom line (for example, that of Judith Jarvis Thompson), women very well may have the right to “extricate” themselves from their pregnancy even when doing so will result in the death of their child. What must be explained, therefore, is the more profound insight that social morality is equally concerned with obligations to others, including those who are most helpless and unable to speak for themselves. (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)

One approach to moral economy wishes to show that it is rational to be moral. As rational morality has received little attention from economics, as opposed to political philosophy, this article examines it in an economics framework. Rational morality refers primarily to individual behaviour so that one may also speak of it as moral microeconomics. When a group of agents are disposed to constrain their maximisation, that behaviour may be considered rational. However, this relies on ‘moralised’ assumptions about individual behaviour. (...) Constrained maximisation may also rely on repeated interactions within social structures that then transmit information thus serving as enforcement mechanisms. In this way agents obtain knowledge of others’ past behaviour and choose their interlocutors accordingly. Thus, it pays to behave morally as it will attract similarly disposed agents to participate in cooperative ventures for mutual advantage. An analysis of rational morality on the individual level demonstrates how this.. (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)

This thesis presents a social ontology. It takes its problem, the emergence of social structure and order, and the relationship of the macro and the micro within this structure, from social theory, but attempts a resolution from the perspectives of contemporary French philosophy and complexity theory. Due to its acceptance of certain presuppositions concerning the multiplicity and connectedness of all life and nature it adopts a comparative methodology that attempts a translation of complexity science to the social world. It draws (...) both this methodology and its inspiration from the work of Michel Serres. After explaining this methodology, it presents a critique of the work of those prominent philosophers of multiplicity who have written on the social: Alain Badiou, Gilles Deleuze and Felix Guattari, and Manual DeLanda. Having argued for the need of a ‘non-unit’ of social organisation, it then unsuccessfully surveys the work of Michel Foucault and Gabriel Tarde in search of such a ‘non-unit’. It produces one by extracting elements from different theorists and then proceeds to offer a novel explanation of how these expectations first emerge from the ‘social noise’ and then go through a complex process of self-organisation to produce social structure. Apart from complexity theory, this explanation draws on the temporal ontologies of both Serres and Deleuze. In doing so, it argues that the social replication necessary for this self-organisation cannot be achieved through direct imitation. Instead, it draws on an idea from Stuart Kauffman and argues that this is achieved through autocatalysis. Finally, it argues that social structures and what is perceived to be social order are the effect of the codification, to varying degrees, of these emergent expectations. It concludes that this structure is at its most creative when on ‘the edge of chaos’, when at a point of social chaosmos. (shrink)

One of the least explored areas of C.S. Peirce's wide range of work is his contributions to psychology and the philosophy of mind. This dissertation examines the corpus of this work, especially as it relates to the subjects of mind, habit, instinct, sentiment, emotion, perception, consciousness, cognition, and community. The argument is that Peirce's contributions to these areas of investigation were both highly original and heavily influenced by the main intellectual currents of his time. An effort has been made to (...) present Peirce's philosophy without apology, within the conceptual framework and idiom of its time, and without appeal to a comprehensive view that Peirce never articulated. Nevertheless, as several noted interpreters have argued, much of this work can be viewed through the lens of Peirce's innovative theory of signs and the notion of the semiotic triad as its central unifying feature, despite the fact that the general theory was itself under continuous refinement and remained incomplete at the time of his death. Another hermeneutical device employed is William James' better known and more accessible work which, when juxtaposed with Peirce's ideas, serves to bring them into sharper relief. While general and historical in the presentation of material, this study seeks, at the same time, to engage the criticism of contemporary Peirce scholars in an attempt to account for several of the conundrums inherent in Peirce's work. Among the problems with implications for his philosophy of mind and theory of inquiry are the limitations of his theory of continuity, his negative view of the self, his somewhat ambiguous position on the relation of psychology to logic, and the metaethical puzzle arising from application of his theory of probable inference to truly fateful decisions. These problems provide an interesting perspective and lend balance to the truly insightful contributions Peirce made to the discovery of the mind. (shrink)

Against the standard interpretation of Kant's ‘Copernican revolution’ as the prioritization of epistemology over ontology, I argue in this paper that his critique of traditional metaphysics must be seen as a farewell to the perfectionism on which early modern rationalist ontology and epistemology are built. However, Kant does not simply replace ‘perfection’ with another fundamental concept of normativity. More radically, Kant realizes that it is not simply ideas but only the relation of ideas that can be subject to norms, and (...) thus he shifts the focus from the reality of ideas to the validity of judgments. Section 1 of this paper clarifies the pre-Kantian role of the concept of perfection and examines Kant's critical response to that concept. Section 2 identifies Kant's point of departure from the Cartesian ‘way of ideas.’ Section 3 explains the key problem of his novel account of epistemic normativity. I conclude that Kant's anti-perfectionism must be seen as the driving force behind his ‘Copernican revolution’ in order to fully appreciate his mature account of epistemic normativity. (shrink)