The French and Dutch referenda on the adoption of a European Constitutional Treaty highlight a remarkable ambiguity in the self‐constitution of a polity, which can be viewed as both constitution by and of a collective self. This ambiguity is a fundamental feature of polities in general, and the European Union in particular. Rather than suppressing this ambiguity, democracy—and a fortiori a European democracy worth its name—institutionalises it as the guiding principle of political action. As will transpire, the conceptual and normative (...) problems raised by political self‐constitution are linked to self‐attribution, i.e., the conditions under which a collective ascribes legislation to itself. (shrink)

Georg Wilhelm Friedrich Hegel is usually, and rightly, considered the foremost representative of the organistic conception of society. It is only natural to think that his view has nothing in common with the kind of individualistic outlook that dominates our legal and political thinking, and that I myself have tried to defend. I try to show why certain insights of Hegel are potentially important even for individualistic legal and political theories. First, I explicate some of the problems he struggled with, (...) and compare his views with those of Thomas Hobbes. Next, I try to link his views to the modern theories of institutions and of collective action. The antidemocratic ideology expressed in the main works of Hobbes and Hegel is clearly outmoded. Nevertheless, in their criticism of popular sovereignty, they posed some important questions. First, how do collectives like the People exist? Second, what do we mean by saying that collectives perform actions? It seems that, in order to perform an action, an entity ought to possess will. But what does it mean that a collective has a will? (shrink)

: Two common ways of explaining akrasia will be presented, one which focuses on strength of desire and the other which focuses on action issuing from practical judgment. Though each is intuitive in a certain way, they both fail as explanations of the most interesting cases of akrasia. Spinoza 's own thoughts on bondage and the affects follow, from which a Spinozist explanation of akrasia is constructed. This account is based in Spinoza 's mechanistic psychology of cognitive affects. Because Spinoza (...) 's account explains action asissuing from modes of mind that are both cognitive and affective, it captures the intuitions that motivate the two traditional views while avoiding the pitfalls that result from their one‐sided approaches. This project will allow us a fuller understanding of Spinozist moral psychology. In addition to this historical value, the Spinozist theory may offer a satisfactory explanation of certain hard cases of akrasia while avoiding the problems be set by other theories. For this reason, the Spinozist account could also be seen as a useful contribution to our philosophical understanding of the phenomenon of akrasia. (shrink)

When making moral judgments, people are typically guided by a plurality of moral rules. These rules owe their existence to human emotions but are not simply equivalent to those emotions. And people’s moral judgments ought to be guided by a plurality of emotion-based rules. The view just stated combines three positions on moral judgment: [1] moral sentimentalism, which holds that sentiments play an essential role in moral judgment,1 [2] descriptive moral pluralism, which holds that commonsense moral judgment is guided by (...) a plurality of moral rules2, and [3] prescriptive moral pluralism, which holds that moral judgment ought to be guided by a plurality of moral rules. In what follows, we will argue for all three positions. We will not present a comprehensive case for these positions nor address many of the arguments philosophers have developed against them. What we will try to show is that recent psychological work supports sentimentalist pluralism in both its descriptive and prescriptive forms. (shrink)

Heidegger’s critique of European nihilism seeks to expose self-legislation as the governing principle of central manifestations of modernity such as science, technology, and the interpretation of art as aesthetics. Need we accept the conclusion that modern constitutional democracies are intrinsically nihilistic, insofar as they give political and legal form to the principle of collective self-legislation? An answer to this question turns on the concept of power implied in constituent and constituted power. A confrontation of the genealogies of modern subjectivity proposed (...) by Heidegger and Blumenberg suggests that there is indeed a metaphysical core to the concept of constituent power developed by various political theorists, including Schmitt and Habermas. By contrast, closer consideration of the paradoxical relation between constituent and constituted power illuminates the ambiguity of collective self-legislation, which means both enactment of a legal order by a collective self and the enactment of a collective self by a legal order. To the extent that constitutional democracies are a way of preserving rather than dissolving this ambiguity, they imply an interpretation of power and human finitude that parries the charge of nihilism. (shrink)

Contrary to John Bramhall and critics like him, Thomas Hobbes takes the view that no account of liberty or freedom can serve as the relevant basis on which to distinguish moral from nonmoral agents or explains the basis on which an agent becomes subject to law and liable to punishment. The correct compatibilist strategy rests, on Hobbes’s account, with a proper appreciation and description of the contractualist features that shape and structure the moral community. From this perspective human agents may (...) indeed use their liberty to make themselves moral agents. In doing this, however, they are not employing a distinct kind of liberty but rather using a liberty that they share with animals and other nonmoral agents to perform a distinct kind of act (i.e., consent) whereby they become moral agents subject to law and any punishments that are required to enforce it. ____ -/- Originally published in the Oxford Handbook of Philosophy in Early Modern Europe - eds. D. Clarke & C. Wilson, OUP 2011 -/- Republished in Recasting Hume and Early Modern Philosophy: Selected Essays - OUP 2021: Paul Russell]. (shrink)

The status of the laws of nature in Hobbes’s Leviathan has been a continual point of disagreement among scholars. Many agree that since Hobbes claims that civil philosophy is a science, the answer lies in an understanding of the nature of Hobbesian science more generally. In this paper, I argue that Hobbes’s view of the construction of geometrical figures sheds light upon the status of the laws of nature. In short, I claim that the laws play the same role as (...) the component parts – what Hobbes calls the “cause” – of geometrical figures. To make this argument, I show that in both geometry and civil philosophy, Hobbes proceeds by a method of synthetic demonstration as follows: 1) offering a thought experiment by privation; 2) providing definitions by explication of “simple conceptions” within the thought experiment; and 3) formulating generative definitions by making use of those definitions by explication. In just the same way that Hobbes says that the geometer should “put together” the parts of a square to learn its cause, I argue that the laws of nature are the cause of peace. (shrink)

Soldiers sign contracts to obey lawful orders; they also swear oaths to this end. The enlistment contract for the Armed Forces of the United States combines both elements: -/- '9a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be: (1) Required to obey all lawful orders and perform all assigned duties … (4) Required upon order to serve in combat or other hazardous situations.' -/- We standardly think (...) that these oaths and contracts give soldiers new moral reasons to fight. Many also think that soldiers who are ordered to fight by legitimate states have moral reasons to obey those orders, just in virtue of their provenance. -/- We generate these reasons through our voluntary decisions—to sign the contract or swear the oath; to form the institutions and give the orders. They are therefore additional moral reasons, on top of the reasons that we have prior to those voluntary decisions. Simply because they are additional, these reasons seem limited in force and scope. In particular, they arguably cannot override pre-existing commitments. For example, if I already have a duty not to kill an innocent person, my promising to breach that duty seems irrelevant to whether doing so is permissible. Similarly for orders issued by legitimate states: the citizens of a legitimate state have pre-existing moral reasons not to kill the innocent; by what alchemy could their state's orders allow combatants to override those reasons? If additional reasons could make prohibited acts permissible, as Sidgwick observed, ‘we could evade any moral obligation by promising not to fulfil it, which is clearly absurd’ (Sidgwick 1981). -/- We might conclude that the contracts soldiers sign, the oaths they take and the orders they receive have weight only when they pertain to acts that soldiers are already allowed to do. Perhaps these additional reasons can require actions that would otherwise be merely permissible, but they cannot license otherwise prohibited actions. If this is right, then it radically limits the relevance of contracts, oaths and authority to the ethics of war, since almost all conflicts involve soldiers breaching some pre-existing moral duties. -/- This is obviously true for soldiers fighting on the unjust side in a war, since almost all the killing they do is unjust. But in all actual wars soldiers on the just side also kill at least some innocent victims, whether as part of an unjust subordinate aim, as ‘collateral damage’, or simply because their adversaries are not sufficiently responsible for unjustified threats to be liable to be killed. If additional reasons cannot make otherwise prohibited acts permissible, then they are practically irrelevant to the ethics of killing in war, at least in this sense: if fighting is impermissible without regard to the contract, oath and authority of their state, then fighting is simply impermissible. -/- This is a tempting conclusion. In this paper, however, I argue that even if it is true at the level of objective permissibility, it is false for subjective permissibility. And since subjective permissibility is where (at least some of) the action is in the ethics of war, this is a significant result. I explain first why additional reasons can make otherwise subjectively prohibited acts permissible, then why just war theorists should care more than they seem to about subjective permissibility. Although I focus throughout on the ethics of war, my arguments generalise to all kinds of additional reasons. (shrink)

Abstract In this paper I set the debate between Kant and Schiller in terms of the role that an ideal of life can play within an autonomist ethic. I begin by examining the critical role Schiller gives to emotions in tackling specific motivational concerns in Kant's ethics. In the Kantian response I offer to these criticisms, I emphasise the role of metaphysics for a proper understanding of Kant's position whilst allowing that with respect to moral psychology, Kant and Schiller are (...) in agreement about the importance of emotions in our moral lives. I conclude by returning to the themes broached in the introduction to consider the extent to which the teleological concerns that motivate Schiller can be addressed within Kant's autonomist ethics. (shrink)

This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure (...) to propose different conceptual frameworks. I start by analysing contemporary work on the self from within both philosophy of science and feminist metaphysics to draw out common approaches from these diverse positions. These themes are then discussed in the context of the law. I then critically examine the concept of legal personhood in the work of Drucilla Cornell and her proposals for the amendment of tort law. This is juxtaposed with an analysis of the practical operation of tort law by adapting François Ewald's work on risk and insurance to English law. I concentrate on women's ambiguous position with regard to both risk and to the image of the individual that is the subject of Ewald's critique. This is followed by an examination of the changing position of women with regard to 'possessive individualism', 'self-ownership' or 'property in the person' in relation to contract law and social contract theory. There are a number of different social contracts discussed in the thesis: Cornell's reworking of John Rawls and the stories of Thomas Hobbes and of Carole Pateman. The final 'social contract' to be discussed is that of 'new contractualism', the employment of contract as a technique of government. I argue that Pateman's critique of possessive individualism continues to be relevant at a time when the breadwinner/housewife model has broken down. (shrink)

Hobbes’s interpreters have struggled to find a plausible semantics for evaluative language in his writings. I argue that this search is misguided. Hobbes offers neither an account of the reference of evaluative terms nor a theory of the truth-conditions for evaluative statements. Rather, he sees evaluative language simply as having the non-representational function of prescribing actions and practical attitudes, its superficially representational appearance notwithstanding. I marshal the evidence for this prescriptivist reading of Hobbes on evaluative language and show how it (...) sidesteps various textual and philosophical problems that bedevil the traditional interpretations. (shrink)

Para elaborar sua filosofia civil, Thomas Hobbes preliminarmente se dedicou ao exame daquilo que constitui a república: o homem. Em sua análise da dinâmica afetivo-cognitiva humana, tecida a partir dos conceitos de sensação, imagem, linguagem e paixão, o conceito de imaginação é apresentado como um resíduo da experiência sensível no corpo. Como tal, uma imagem estará sujeita a se eclipsar sob a luz de imagens mais fortes ou mais recentes, que podem apagá-la da mente tomando o seu lugar. O ato (...) ou faculdade de imaginar, a imaginação — para Hobbes “sensação em declínio” —, é memória, que exprime no presente a sensação passada. Lançada ao futuro, a imagem mantém-se na expressão do medo ou da esperança, paixões que impelem aos homens serem credores de certo esquema de poder. A imaginação dá a forma da expectativa, que projeta passado e presente ao futuro, como uma profecia autorrealizável, garantido a estabilidade do poder e da riqueza. (shrink)

Liberal approaches to multiculturalism and cultural nationalism have met with severe criticism in recent years. This article makes the case for an alternative, Aristotelian approach developed in the work of the ‘founding father’ of culture, J. G. Herder. According to Herder, culture is worthy of political recognition because it contributes to the realization of our common but contradictory human telos. Only a plurality of cultures, each realizing a unique balance of our contradictory needs, can bring wholeness to our common nature. (...) In conclusion, I argue for the merits of this Aristotelian approach in resolving some recurring problems of multiculturalism. (shrink)

In this paper, I argue that Spinoza’s political theory gives us a model for how he might have approached a treatise on moral education. Indeed, his account of the method and aims of politics resembles Renaissance humanist rhetorical approaches to pedagogy – particularly, the work of sixteenth century Spanish humanist Juan Luis Vives – so strongly that it is hardly an exaggeration conclude that, for him, politics is education writ large. For Spinoza and for Vives, the governor-or-instructor must study the (...) prevailing character, or ingenium, of the subject and adopt means that promote the cognitive and emotional development of the subject, which can be accomplished only to the extent that subjects willingly participate in their own governance-or-instruction. Spinoza joins this rhetorical procedure to a Hobbesian scientific approach to studying ingenia, resulting in a political method that is part science, part art. (shrink)