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

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

This article presents a discussion of how postmodernist, poststructuralist and critical educational thinking relate to different theories of power. I argue that both Critical Theory and some poststructuralist ideas base themselves on a concept of power borrowed from a modernist tradition. I argue as well that we are better off combining a postmodern idea of education with a postmodern idea of power. To this end the concept of power presented by the works of Ernesto Laclau and Chantal Mouffe is introduced. (...) This concept controverts a number of major educational concepts, i.e. concepts such as causality, autonomy, subjectivity and originality. In other words, it allows us to take a fresh look at old concepts. Finally, I relate the discussion to a number of recent theories of learning. (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)

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)

The study of decision making has multiple implications for business ethics. This paper outlines some commonly used frameworks for understanding choice in business. It characterises the dominant model for business decision making as rational choice theory (RCT) and contrasts this with a more recent, naturalistic theory of decision-making, image theory. The implications of using RCT and image theory to model decision making are discussed with reference to three ethical systems. RCT is shown to be consistent with Utilitarian ethics, but not (...) with Kantian or Virtue-based ethics. Image theory is shown to be consistent with each. The paper identifies a number of implications following from this analysis. (shrink)

Ronit Stahl and Ezekiel Emanuel have recently issued a stark challenge to conscience protections in medical law and ethics. Their argument is flawed, however. They misrepresent the nature and relevance of conscientious protection in the military, misinterpret the scope of consent tendered by modern medical professionals, and offer no reason to think either that conscientious objection harms patient well-being or that such harm should solely determine the permissibility of conscientious objection. Moreover, and most fundamentally, Stahl and Emanuel do not recognize (...) that conscience protections promote moral integrity, a basic aspect of human well-being that justifies protective action. (shrink)

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

North Korea is under strict UN economic sanctions because it violated UN policy in its development of nuclear weapons and long range missiles as well as for its militant rhetoric. South Korea and Japan, as close allies of the USA, are unsure of the future. Is there a way to bring some peace and stability to the Korean peninsula? Some argue that this is a hopeless task as long as the current leadership of North Korea is in power. This article (...) takes a more positive stance and outlines a possible way forward. The study, following the position of the Heidelberg Institute for International Conflict Research, assumes that the conflict is at root one over ideology and power. The leadership of North Korea understands itself as “a revolutionary and socialist state” and is determined to continue to control the country through a rigorous and sometimes brutal government oversight of the culture. Although poverty and hunger are widespread, the people have little opportunity to be heard. What if the leaders of North Korea were persuaded that they could gain legitimacy through developing a dynamic economy that brought flourishing to their people and respect by fellow-nations in the global village? The article proposes to start this new adventure by developing enterprise zones in the North that would bring jobs and food to hundreds of thousands of North Koreans. To begin this project, there would need to be dramatic steps toward denuclearization on the part of the North in order to relax the UN economic sanctions. Is it possible? The article outlines a way forward. (shrink)

Fair trade has become an important part of responsible consumption. But how is fair trade more fair than traditionnal trade? And what kind of fairness does it embody? Building on moral philosophy and justice theory of Aristote, Hume and Rawls to analyse fair trade practices as presented in many field studies, it seems that fair trade can’t claim a monopoly over equity as a contrasting distinction.

Crises have become a new normality. This normality is turned into grounds for the politics of fear. The hegemonic principle of the politics of fear is security. This politics, which invents objects of fear, is intimately linked to the nationalist identity politics shaped by a particular nationalist essence. Racism is an elemental part of the nationalist identity politics. In the text, racism is considered in relation to, on the one hand, fear and anxiety and, on the other hand, the imaginary (...) and symbolic orders and the structure of fantasy. This analysis shows how xenophobic images, nationalist signifiers and racist fantasies create the vicious circles of fear and hate that gives justification for the nationalist identity politics that raises security as the hegemonic organizing principle. To counter the nationalist identity politics, the nationalist and racist fantasy must be traversed. Therefore, an anti-racist politics cannot be based on any pre-given identity. It takes place only as emancipatory events that confront the racists and nationalist fantasy. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

Philip Pettit is the most important contemporany advocate of the republican tradition in political philosophy. He advances a concept of freedom as non-domination, and constrasts it with the liberal conception of freedom as non-interference. He claims that two features distinguish domination from interference: The capacity of interference , and the fact that the interference is arbitrary. I shall argue that Pettit´s republicanism is not sufficiently differente from liberalism, certainly not from John Rawls´s liberalism. The only relevant difference between republicanism and (...) liberalism is related to : the notion of arbitrariness. Yet this difference makes republicanism an unattractive version of liberalism, insofar as it, paradoxically, allows for republicanism to legitimize a grave form of domination, paternalism, and, in general, domination coming from the state. This problem gets exacerbated by Pettit´s consequentialist framework. (shrink)

A themed issue on the work of Michael Oakeshott.

This article offers a political reading of Franz Kafka's posthumous work The Trial. In this novel, the main protagonist is subject to an arrest and trial conducted by the ambiguous authority of a shadowy court and its officials. This article explores Joseph K.'s experience of being subject to the Law, and relates this to our own understanding and experience of political subjectivity in modern times. K.'s doomed search for order through a ‘permanent resolution’ of his case is related to the (...) modern desire for order: Specifically, the desire for both philosophical and political frameworks that provide narratives or certainty. Here modernity is understood to be characterized by an anxiety brought about by a crisis in authorship and authority. The article then considers K.'s desire for justice and the Law, and his entanglement with the power of the court, as analogous to the modern experience of the triad of justice–law–power, which is subsumed under the banner of ‘sovereignty’. In particular, the article explores K.'s inability to locate, read, or fix the Law; a problem that is also reflected in the aporia of sovereignty as justice–law–power. K.'s experience alerts us to the contradictions in the triad justice–law–power; contradictions that occur as although each member of the triad is dependent upon the other two, each member of the triad also seeks to exclude or deny this dependency. Thus, read politically, K.'s struggle in The Trial can be seen as a reflection of the modern struggle with sovereignty as the triad justice–law–power, and the impasse that K. reaches is also the impasse that modernity has reached. (shrink)

Normal 0 21 false false false ES-CO X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} This essay presents a reading of modern liberalism from Leo Strauss´thought. Starting with his analysis of Carl Schmitt’s Concept of the Political and its critique of liberal “neutralization and depolitization”, Strauss posits an affirmation of the (...) problem of natural right, for which it is a fundamental first step to study the political philosophy of Hobbes. In contrast with Schmitt and Hobbes, Strauss´ thought points towards a consideration of classical natural right as a riposte to the political nihilism or apolitical cosmopolitanism of late-modernity, both products of radical historicism as well as methodological positivism. Strauss considers the search of natural right qua representation of the idea of justice a distinct alternative to the affirmation of the will through sovereign power. Normal 0 21 false false false ES-CO X-NONE X-NONE MicrosoftInternetExplorer4. (shrink)

This paper gives an account of the argument of Schopenhauer's essay On the Freedom of the Human Will, drawing also on his other works. Schopenhauer argues that all human actions are causally necessitated, as are all other events in empirical nature, hence there is no freedom in the sense of liberum arbitrium indifferentiae. However, our sense of responsibility or agency (being the ) is nonetheless unshakeable. To account for this Schopenhauer invokes the Kantian distinction between empirical and intelligible characters. The (...) paper highlights divergences between Schopenhauer and Kant over the intelligible character, which for Schopenhauer can be neither rational nor causal. It raises the questions whether the intelligible character may be redundant to Schopenhauer's position, and whether it can coherently belong to an individual agent, suggesting that for Schopenhauer a more consistent position would have been to deny freedom of will to the individual. (shrink)

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

Machine ethics and robot rights are quickly becoming hot topics in artificial intelligence and robotics communities. We will argue that attempts to attribute moral agency and assign rights to all intelligent machines are misguided, whether applied to infrahuman or superhuman AIs, as are proposals to limit the negative effects of AIs by constraining their behavior. As an alternative, we propose a new science of safety engineering for intelligent artificial agents based on maximizing for what humans value. In particular, we challenge (...) the scientific community to develop intelligent systems that have human-friendly values that they provably retain, even under recursive self-improvement. (shrink)

Are the robots coming? Is the singularity near? Will we be dominated by technology? The usual response to ethical issues raised by pervasive and ubiquitous technologies assumes a philosophical anthropology centered on existential autonomy and agency, a dualistic ontology separating humans from technology and the natural from the artificial, and a post-monotheistic dualist and creational spirituality. This paper explores an alternative, less modern vision of the “technological” future based on different assumptions: a “deep relational” view of human being and self, (...) an ecological view of human–technology relations, and “ubiquitous” spirituality. Moving beyond an ethics of fear and control, it is argued that technology is part of a lived and active whole that is at the same time human, technological, social, and spiritual. Influenced by ecological and Eastern thinking, it is concluded that an ethics of technology understood as a relational ethics of life asks us to adapt and grow within this multi-faced ecology, which is currently—but not necessarily—pervaded by hyper-individualist modernity and its ego-boosting technologies of the self. This growth is only possible by relating to, and learning from, other cultures and from their specific way of pervading and being pervaded. (shrink)

Adaptationists explain the evolution of religion from the cooperative effects of religious commitments, but which cooperation problem does religion evolve to solve? I focus on a class of symmetrical coordination problems for which there are two pure Nash equilibriums: (1) ALL COOPERATE, which is efficient but relies on full cooperation; (2) ALL DEFECT, which is inefficient but pays regardless of what others choose. Formal and experimental studies reveal that for such risky coordination problems, only the defection equilibrium is evolutionarily stable. (...) The following makes sense of otherwise puzzling properties of religious cognition and cultures as features of cooperative designs that evolve to stabilise such risky exchange. The model is interesting because it explains lingering puzzles in the data on religion, and better integrates evolutionary theories of religion with recent, well-motivated models of cooperative niche construction. (shrink)

General theory of law (general jurisprudence, allgemeine Rechtslehre) has often claimed to deal with general or universal concepts, i.e., concepts which are deemed to be common to any legal system whatsoever. At any rate, this is the classic determination of such a field of study as provided by John Austin in the nineteenth century—a determination, however, which deserves careful analysis. In what sense, indeed, can one assert that some legal concepts are common to different legal systems? And, above all, in (...) what sense can one assert that some concepts are common to different languages and cultures? My paper sets out to discuss such questions—although, obviously, they are too complicated to be answered in a single paper. The first section reconstructs the Austinian argument for general jurisprudence by placing it in its historical context. The second section tries to apply to legal concepts some suggestions derived from the contemporary debate on conceptual relativism. The third section, returning to the Austinian problem, comes to the following conclusion: Even if conceptual relativism were true and there were no general or universal legal concepts, this would not invalidate in any way the didactic and scientific value of (general) theory of law. (shrink)

This article examines Montesquieu's concept of natural law and treatment of legal customs in conjunction with his theory of moral psychology. It explores his effort to entwine the rational procedural quality of laws with the substantive principles that sustain them. Montesquieu grounds natural law in the desires of the human being as ‘a feeling creature’, thus establishing the normative force of desire and making right action attractive by engaging the passions rather than subordinating them to reason. As a result, natural (...) law generates both political norms and the motivations that drive political actions. It provides a standard for assessing the ostensibly jumbled multiplicity of legal customs in human societies. And it reminds us that there is more to political theory than the rational justifi-cation of norms, that central to any account of liberal constitutionalism must be an effort to show the attractions – and not only the justice or the rationality – of right action. Key Words: law • Montesquieu • moral psychology • motivation • natural • law • norm justification • passions. (shrink)

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

Tärkeä ulottuvuus modernissa tavassa ajatella politiikkaa on erottelu politiikan ja talouden välillä. Tässä artikkelissa käsittelen tätä erottelua konservatiivisen oikeustieteilijä Carl Schmittin poliittisessa teoriassa ja varsinkin hänen talousliberalismin kritiikissään. Liberalismi rajasi Schmittin mukaan talouden omaksi autonomiseksi alueekseen pyrkimällä rajaamaan valtiovallan oikeutta vaikuttaa siihen. Tämä kuitenkin johti hänen mielestään poliittisen siirtymiseen valtiolta talouteen, eli taloudellisten suhteiden politisointiin. Artikkelini analysoi Schmittin kritiikin ohella myös hänen omaa teoriaansa vahvasta valtiosta. Schmitt vastasi liberalismin heikkouteen argumentoimalla, että vain vahva valtio voi ylläpitää talouden autonomisuutta. Argumenttini on, (...) että toimiessaan näin Schmitt ei lopulta ylitä modernille poliittisella ajattelulle ominaista erottelua valtion ja yhteiskunnan välillä. Päinvastoin, Schmittiä ja liberalismia yhdistää pyrkimys tavalla tai toisella erotella talous politiikasta. Artikkelini avulla voidaan monipuolistaa sitä kuvaa, joka poliittisessa filosofiassa ja teoriassa on talouspolitiikan ja -hallinnon historiasta. Argumenttini vahvistaa ajatusta siitä, että käsitteellinen erottelu talouden ja politiikan välillä on perustavanlaatuinen modernille poliittiselle ajattelulle. (shrink)

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

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this bargaining solution, the (...) baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

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

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with himself, with his desires and (...) sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

The digital revolution invites a reconsideration of the very essence of politics. How can we think about decision, control, and will at a time when technologies of automation are transforming every dimension of human life, from military combat to mental attention, from financial systems to the intimate lives of individuals? This article looks back to a moment in the 20th century when the concept of the political as an independent logic was developed, in a time when the boundaries and operations (...) of the classic state were in question. At the same moment, a whole new technological era was opened up with the emergence of intelligent machines and computers in the postwar cybernetic age. Technology, and cybernetics in particular, loomed large in Carl Schmitt’s articulation of the concept of the political, while the problem of radical open decision was at the heart of influential cybernetic approaches to politics. Linking these was the idea of entropic decay. Schmitt’s invocation of the theological concept of the Katechon, who restrains chaos in the time before Christ’s return, in fact exemplifies the new understandings of order in a cybernetic age facing new challenges of technology in a globalized condition. (shrink)

Este trabajo analiza el argumento acerca de la aprioridad de la soberanía de la voluntad del pueblo en la sección El derecho público de la Doctrina del derecho. Allí Kant, más que presentar una tesis absolutamente original, como en la sección El derecho privado, en donde llega a la necesidad de la voluntad general legisladora a través del concepto de reciprocidad; sigue ideas de Rousseau y se centra en la libertad jurídica como dependencia de la ley que uno mismo se (...) ha dado. Sostendré que, por motivos sistemáticos, Kant lleva a cabo una idealización normativa de la volonté générale rousseauniana. No obstante, la distinción fundamental entre respublica noumenon y respublica phaenomenon no implica que, desde una perspectiva práctica, el ideal republicano esté completamente escindido del ámbito fenoménico. Muy por el contrario, la república pura ejerce una fuerza normativa sobre la praxis política. (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 topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

some 20 years. Yet the ethical issues surrounding the disclosure of positive HIV status have not been examined comprehensively. This report examines the ethics behind the disclosure of HIV-positive status primarily or individuals to their sex partners, and for health care practitioners to a patient’s sex partner when the patient is unwilling to disclose. Relevant rights and ethical principles are analysed, including the rights to: self-preservation; privacy and confidentiality; and the bioethical principles of respect for autonomy, beneficence, non-maleficence, and justice. (...) Historic and contemporary individual rights that people living with HIV have regarding disclosure are emphasised, especially in adverse circumstances, where ethics can support non-disclosure based on the right to self-preservation. Rights declarations and current disclosure guidelines for health care practitioners from several international and South African medical organisations also are reviewed. Of key importance to disclosure decisions are the specific situations of individuals in climates rife with stigma toward, and discrimination against, PLHIV, existing more or less worldwide. The potential negative impacts of disclosure are the basis for disclosure decisions of PLHIV. Research study results show that the negative impacts of disclosure can be severe for individuals, ranging from divorce or abandonment to community ostracism and even to murder. Relevant current theories of social justice related to HIV disclosure also are discussed. A conclusion is reached that, by decreasing stigma and discrimination against PLHIV and protecting individual rights related to HIV disclosure, prevention behaviours will be practised more widely, including ‘positive prevention’ by PLHIV and higher rates of disclosure. The eventual result will be the long-term public health goal of decreased spread of HIV. (shrink)

Collective action is a much-discussed topic today, but not in the historiography of philosophy. Therefore, I would like to contribute a little bit to our understanding of the history of this concept by exploring the political philosophy of Thomas Aquinas. A compelling interpretation of his treatise On Kingship emerges when we read it not, as is often the case, in terms of his moral perfectionism, but as expressing the idea that the political community is an artificial and distinct subject of (...) agency. Thus, the political philosophy of On Kingship turns out to be congenial to contemporary approaches to collective action. (shrink)

It is commonplace to suppose that the theory of individual rational choice is considerably less problematic than the theory of collective rational choice. In particular, it is often assumed by philosophers, economists, and other social scientists that an individual's choices among outcomes accurately reflect that individual's underlying preferences or values. Further, it is now well known that if an individual's choices among outcomes satisfy certain plausible axioms of rationality or consistency, that individual's choice-behavior can be interpreted as maximizing expected utility (...) on a utility scale that is unique up to a linear transformation. Hence, there is, in principle, an empirically respectable method of measuring individuals' values and a single unified schema for explaining their actions as value maximizing. (shrink)

Resumen En este artículo defiendo la postura según la cual el republicanismo -en comparación con otras nociones o motivos centrales- no se ha interpretado como uno de los rasgos que caracteriza a la filosofía jurídica y política de Kant como un todo. Una posible razón es que el republicanismo kantiano no ha ocupado un lugar destacado dentro de las narrativas republicanas, ya sea históricas o sistemáticas, que son más dominantes en las discusiones contemporáneas. A mi parecer, esto es así porque (...) hay características innovadoras en la empresa republicana kantiana que se encuentran en tensión con otros proyectos republicanos de otra índole. Aquí discuto algunos de los rasgos distintivos del proyecto de Kant en lo que atañe a concepciones suyas sobre el estado de derecho, la ciudadanía, la autoridad política, la libertad de expresión y el derecho internacional, con el fin de señalar que estas son parte integral de una teoría política y legal que todavía es atractiva y sugerente.In this paper, I defend the stance that republicanism -in comparison to other central notions- has not been interpreted as one of the main traits that characterize Kant’s legal and political philosophy. A plausible reason for this is that Kantian republicanism has not occupied a prominent place in the republican narratives, historiographical or systematic, that are dominant in contemporary discussions. To my mind, the reason for this is that some innovative characteristics in the Kantian republican enterprise are at odds with other republican philosophical projects. Here I discuss some distinctive traits of Kant’s project regarding his conceptions of the rule of law, citizenship, political authority, free speech, and international law with the aim of showing that they are an integral part of a political and legal theory that is still attractive and compelling. (shrink)

Rajesh Sampath ABSTRACT: This paper examines Ambedkar’s critical view of certain distortions, contradictions, and instabilities in democratic norms, constitutional validity, and citizens’ rights in India’s secular, constitutional, legal, pluralistic democracy. Through a strident deconstruction utilizing Hegelian resources, the paper exposes the contortions and contradictions underpinning Hindu metaphysics in some of its most abstract texts, namely...

There are two basic positions where tolerance as political strategy and moral viewpoint is rejected or made redundant. We are hostile to tolerance when we hold that we are defending an objective truth—religious or secular—which should also be defended and maintained by means of political and legal power. And tolerance become superfluous also when the affirmation of plurality becomes total, and tolerance identical to a vive la difference. As recent developments in my own country—the Netherlands—have demonstrated, the political outcome of (...) this last position is remarkably enough not necessarily an all-inclusive relativistic tolerance. It may just as well be one of intolerance towards ‘believers’ of all kinds, in short: tolerance becomes polemical and belligerent. Turning to religious fundamentalism or ultra-orthodoxy could then become a possible reaction to this relativistic and subjectivist position, as demonstrated in Isaac Bashevis Singer’s novel The Penitent. Between these two positions of hostility or indifference towards tolerance, we can situate that democratic attitude which may rightly be called ‘tolerance’. As ethical position, the tolerant citizen accepts the democratic disjunction between my truth and the symmetrical justice between citizens. As political strategy, a tolerant democratic regime is based upon a political act of exclusion of what I will here call ‘political fundamentalism’. (shrink)

While the term ‘glory’ appears most frequently in religious contexts, it is used to express concepts that are not fundamentally religious in character. Take what we consider to be our very best works of art, our most outstanding films, or our most impressive technological achievements. These are often acclaimed as being magnificent, dazzling, or spectacular. These notions are, if not quite synonymous with glory, close enough to justify the idea that the concept of glory is not far removed from common (...) ways of thinking about the world. For this reason, an analysis of glory promises to help illuminate concepts we commonly employ in thinking about highly valued aspects of our world. Nevertheless, concepts of glory also have a central place in religious thought, and even so little-to-no rigorous philosophical effort has been devoted to investigating concepts of glory in contemporary analytic philosophy of religion. This paper aims to correct that and use the resulting accounts of glory to illuminate difficulties with a recent argument for atheism by Bayne and Nagasawa. (shrink)

According to the theory of natural pedagogy, humans have a set of cognitive adaptations specialized for transmitting and receiving knowledge through teaching; young children can acquire generalizable knowledge from ostensive signals even in a single interaction, and adults also actively teach young children. In this article, we critically examine the theory and argue that ostensive signals do not always allow children to learn generalizable knowledge more efficiently, and that the empirical evidence provided in favor of the theory of natural pedagogy (...) does not defend the theory as presented, nor does it support a weakened version of the theory. We argue that these problems arise because the theory of natural pedagogy is grounded in a misguided assumption, namely that learning about the world and learning about people are two distinct and independent processes. If, on the other hand, we see the processes as interrelated, then we have a better explanation for the empirical evidence. (shrink)