Albert Camus's existential thinking has been the object of renewed interest over the past decade. Political theorists have looked to his work to shed light on the contradictions and violence of modernity and the dynamics of postcolonial justice. This article contends that Camus's account of the modern human condition provides a means of engaging critically with one of the most compelling ideas linked to thinking about global politics today: cosmopolitanism. By developing Camus's position on absurdity and rebellion, it suggests that (...) the idea of cosmopolitanism should be situated in a post-foundationalist and post-teleological nexus to prevent it becoming a new political ideology of immutable truth. In order to make this argument, the article focuses on how Camus's thinking supports a rebellious cosmopolitan disposition towards global transformations. In so doing, it shows that cosmopolitanism must strive against the injustices of a deeply divided world, yet at the same time accept theoretical, factual and moral limits on its vision and actions. (shrink)

In this article I discuss Kant's idea of cosmopolitanism both in its prescriptive dimension (its normative content and regulative aspirations) and also its descriptive basis (its crucial philosophical-anthropological assumptions constituting its theoretical justification). My aim is to show that the prescriptive dimension cannot be treated separately from the descriptive one for some difficulties that the latter confronts pervade the former and misinform it. I then proceed to an examination of those difficulties which I locate mainly in Kant's onto-theological commitment to (...) some anthropological tenets of his era. I explore the implications of these tenets and show that they contribute negatively to the task of the promotion of a cosmopolitanism that respects difference and heterogeneity. I conclude with some critical suggestions pro-pounding a renegotiation of the paradigmatic certainties of Kant's cosmopolitanism in order to salvage its normative import and couch it in less onto-theological terms. (shrink)

One of Han Fei’s most trenchant criticisms against the early Confucian political tradition is that, insofar as its decision-making process revolves around the ruler, rather than a codified set of laws, this process is the arbitrary rule of a single individual. Han Fei argues that there will be disastrous results due to ad hoc decision-making, relationship-based decision-making, and decision-making based on prior moral commitments. I lay out Han Fei’s arguments while demonstrating how Xunzi can successfully counter them. In doing so, (...) I argue that Xunzi lays out a political theory restricting the actions of the ruler through both the use of ritual and law, which allows him to develop a theory that legitimizes government while at the same time constraining itself. Xunzi’s political theory makes important strides in its attempt to recognize the importance of the ruler as a moral exemplar while also restricting his control in the political process. (shrink)

Feminist philosophers and social theorists have engaged in an extensive critique of the project of modernity during the past three decades. However, many feminists seem to assume that the critique of religion essential to this project remains valid. Radical criticism of religion in the European tradition presupposes a theory of religion that is highly ethnocentric, and Marx's theory of religion serves as a case in point.

This article analyses the teleological argument justifying historical progress in Kant's Guarantee of Perpetual Peace. It starts by examining the controversies produced by Kant's claim that the teleology of nature supports the idea of a providential development of humanity towards moral progress and the possibility of achieving a cosmopolitan political constitution. It further illustrates how Kant's teleological argument in Perpetual Peace needs to be assessed with reference to two systematically relevant issues: first, the problem of coordination linked to the necessity (...) of realizing the ‘highest good’ as a historical end of practical reason, and secondly the problem of continuity posed by the temporal limitation of all individual efforts to cultivate moral dispositions. To illustrate the implications of both issues for the teleological argument in Perpetual Peace, the article draws attention to some important developments in Kant's analysis of teleology following the Critique of Judgment. (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)

In several lectures, interviews and essays from the early 1980s, Michel Foucault startlingly argues that he is engaged in a kind of critical work that is similar to that of Immanuel Kant. Given Foucault's criticisms of Kantian and Enlightenment emphases on universal truths and values, his declaration that his work is Kantian seems paradoxical. I agree with some commentators who argue that this is a way for Foucault to publicly acknowledge to his critics that he is not, as some of (...) them charge, attempting a total critique of Enlightenment beliefs and values, but is instead attempting to transform them from within. I argue further that Foucault's self-professed Kantianism can also productively be read as a means of encouraging change in his intellectual audience, a call to courage to take up the thread of Enlightenment thought that Foucault finds in Kant's essay, `What is Enlightenment?': that of directing one's philosophical efforts towards questioning and transforming one's own present in its historical specificity, for the sake of promoting the values of freedom and autonomy therein. Though much of Kant's philosophical work is focused on that which lies outside of history, Foucault locates in some of it a concern for what is happening here and now that, I argue, he encourages his audience to take up for themselves through tracing his own intellectual lineage to Kant. In so doing, he encourages contemporary philosophers to consider the value and effects of their work on the present social and political contexts in which they live. (shrink)

Abstract: This essay addresses three specific moments in the history of the role played by intuition in Kant's system. Part one develops Kant's attitude toward intuition in order to understand how ‘sensible intuition’ becomes the first step in his development of transcendental idealism and how this in turn requires him to reject the possibility of an ‘intellectual intuition’ for human cognition. Part two considers the role of Jacobi when it came to interpreting both Kant's epistemic achievement and what were taken (...) to be the outstanding problems of freedom's relation to nature; problems interpreted to be resolvable only via an appeal to ‘intellectual intuition’. Part three begins with Kant's subsequent return to the question of freedom and nature in his Critique of Judgment. With Goethe's contemporaneous Metamorphoses of Plants as a contrast case, it becomes clear that whereas Goethe can embrace the role of an intuitive understanding in his account of nature and within the logic of polarity in particular, Kant could never allow an intuition of nature that in his system would spell the very impossibility of freedom itself. (shrink)

I argue here, that, ultimately and in large part, the stakes of educational action research are conditioned by the various ways of conceiving theory, research and practice, and I attempt to explore and put forward one such way that I view as potentially more helpful than others. I begin with a comparative overview of the implicit philosophical assumptions that have informed or grounded educational action research in the broadly conceived Germanic and Anglo-American contexts. I then examine the tensions around theory (...) and practice and the role such tensions play in educational action research. In my interpretation, the polemics surrounding this topic have significantly shaped the course educational action research has taken. Examining such polemics, then, might be useful in the effort to approach risks, prospects and visions and to develop the perspective of a recuperated, enhanced but modest philosophical intervention in educational action research. (shrink)

Barkdull examines the land ethic in the contexts of just war theory, economic liberalism, and international environmental law, offering a new outlook for the behavior of states in matters affecting ecosystems.

Despite his hostility to religion in his early career, since the turn of the century Habermas has devoted his research to the relationship between faith and knowledge. His two-volume Auch eine Geschichte der Philosophie is the culmination of this project. Spurred by the attacks of 9/11 and the growing conflict between religion and the forces of secularization, I argue that this philosophy of history is the centerpiece of an important turning point in Habermas’s intellectual development. Instead of interpreting religion merely (...) as part of the history of postmetaphysical thinking, Habermas now sees it as a crucial normative resource for both philosophy and social cohesion in the future aswell. Despite its backward-looking approach,my basic thesis is that this book is best understood as a forward-looking appeal for a tolerant, self-reflective democratic politics that brings religious and secular citizens together dialogically through the cooperative use of their rational freedom. (shrink)

This paper examines the conceptual development of the philosophical justifications for tyrannicide. It posits that the political philosophy of tyrannicide can be categorised into three distinct periods or models, the classical, medieval, and liberal, respectively. It argues that each model contained unique themes and principles that justified tyrannicide in that period; the classical, through the importance attached to public life and the functional role of leadership; the medieval, through natural law doctrine; and the liberal, through the postulates of social contract (...) theory. Subsequent analysis of these different models however, reveals that these historical models are unable to provide a sufficient philosophical basis for a contemporary justification of tyrannicide. In Part II, it will be contended that a reinvigorated conception of self-defence, a theme common to all three models, when coupled with the modern notion of universal human rights, may provide the foundation for a contemporary theory of tyrannicide. (shrink)

The codes of ethics and conduct of a number of psychology bodies explicitly refer to human rights, and the American Psychological Association recently expanded the use of the construct when it amended standard 1.02 of the Ethical Principles of Psychologists and Code of Conduct. What is unclear is how these references to human rights should be interpreted. In this article I examine the historical development of human rights and associated constructs and the contemporary meaning of human rights. As human rights (...) are generally associated with law, morality, or religion, I consider to which of forms of these references most likely refer. I conclude that these references in ethical codes are redundant and that it would be preferable not to refer to human rights in codes. Instead, the profession should acknowledge human rights as a separate and complimentary norm system that governs the behavior of psychologists and should ensure that they have adequate knowledge of human rights and encourage them to promote human rights. (shrink)

The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection of individual (...) expression by means of marketable property rights in authors’ works serves as an engine of progress towards a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights – and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the possibility of a free culture. (shrink)

The author's thesis is that human rights can be substantiated on the basis of discourse theory. The argument has two steps. The first step is the justification of the rules of discourse. The second step consists in the foundation of human rights.

Abstract: The cosmopolitan imagination constructs a world order in which the idea of human rights is an operative principle of justice. Does it also construct an idealisation of human rights? The radicality of Enlightenment cosmopolitanism, as developed by Kant, lay in its analysis of the roots of organised violence in the modern world and its visionary programme for changing the world. Today, the temptation that faces the cosmopolitan imagination is to turn itself into an endorsement of the existing order of (...) human rights without a corresponding critical analysis of the roots of contemporary violence. Is the critical idealism associated with Kantian cosmopolitanism at risk of transmutation into an uncritical positivism? We find two prevailing approaches: either the constitutional framework of the existing world order is presented as the realisation of the cosmopolitan vision, or cosmopolitanism is turned into a utopian vision of a world order in which power is subordinated to the rule of international law. I suggest that the difficulties associated with both wings of cosmopolitanism threaten the legitimacy of the project and call for an understanding and culture of human rights that is less exclusively "conceptual" and more firmly grounded in social theory. (shrink)

Burke sees the challenges facing international society after the invasion of Iraq: During global demonstrations against the war, a young woman stands against a row of police holding a placard upon which she has written a question: “Perpetual war for perpetual peace?”.

In this paper I suggest that one of Kant's motives in framing the account of artistic genius that he presents in the Critique of Judgment was to respond to Herder's veneration of Shakespeare. Kant agreed with Herder that Shakespeare was an exemplary artistic genius, but he disagreed with him about the relationship between genius and philosophy. Herder shared Kant's view that beautiful art should not infringe on the boundaries of the sciences, but in Kant's view Herder's own speculative metaphysics violated (...) this principle. Kant accused Herder of allowing his genius to interfere with his philosophy – that is, of philosophizing in a Shakespearean manner. Instead of attempting to adjudicate this debate, I try to show how Herder could have defended his position by reading Kant through the lens of Shakespeare's Henry IV Part 1. I conclude by briefly indicating how the debate between Kant and Herder came to inform the analytic/continental division, which in light of this debate can be understood as a meta‐argument about the nature of philosophical arguments. (shrink)

Kant claimed that we have a duty to seek peace, and encouraged a hope for peace to support that duty. To encourage that hope he argued that peace was reasonably likely. He thought that peace was reasonably likely because he believed that historical trends would create opportunities to implement his plan for peace. But authorities claim that globalization is undermining such opportunities. Consequently Kant's arguments can no longer sustain our hope for peace. We can sustain that hope by devising a (...) new plan for peace that globalization will give us opportunities to implement. But in order to devise such a plan we need to sustain our hope for peace. We can sustain such a hope by reflecting on the value of peace because hope is sustained not only by the belief that the object of hope is likely, but also by the conviction that it is valuable. In this way we can perhaps sustain a hope for peace that will support our duty to seek peace. But the fear of war and compassion for the victims of war may also support the duty to seek peace. Kant ignored these opportunities to support the duty to seek peace because they could support only the duty to avoid war. But Kant never showed that the duty to seek peace—as he saw it—outweighed the duty to avoid war. I conclude that Kant's arguments lead us to endless war rather than to peace. (shrink)

This essay explores Kant's writings on war and peace, and concentrates on the thesis that Kant has a just war theory. It strives to explain what the substance of that theory is, and finds that it differs in several respects from that offered by the just war tradition. Many scholars suspect that Kant has no just war theory. Effort is made to overturn this conventional understanding: first by showing, negatively, that Kant does not subscribe to the two main rival doctrines (...) on the issue, namely, realism and pacifism; and second by demonstrating, positively, how the core propositions of just war theory are consistent with Kant's basic moral and political principles. Interpretive reconstruction then reveals the full substance of Kant's just war theory, which is divided into accounts of jus ad bellum, jus in bello and jus post bellum. Kant's jus post bellum reflections remain his most deep, original and relevant in this regard. (shrink)

The central argument of this article turns on the dual‐nature thesis. This thesis sets out the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. The dual‐nature thesis is incompatible with both exclusive legal positivism and inclusive legal positivism. It is also incompatible with variants of non‐positivism according to which legal validity is lost in all cases of moral defect or demerit (exclusive legal non‐positivism) or, alternatively, is affected in no way at (...) all by moral defects or demerits (super‐inclusive legal non‐positivism). The dual nature of law is expressed, on the one hand, by the Radbruch formula, which says that extreme injustice is not law, and, on the other, by the correctness argument, which says that law's claim to correctness necessarily includes a claim to moral correctness. Thus, what the law is depends not only on social facts, but also on what the law ought to be. (shrink)

In Two Faces of Liberalism, John Gray pursues the dual agenda of condemning familiar liberal theories for perpetuating the failed “Enlightenment project,” and promoting his own version of anti‐Enlightenment liberalism, which he calls “modus vivendi.” However, Gray's critical apparatus is insufficient to capture accurately the highly influential “political” liberalism of John Rawls. Moreover, Gray's modus vivendi faces serious challenges raised by Rawls concerning stability. In order to respond to the Rawlsian objections, Gray would have to reinstate the aspirations and principles (...) characteristic of Enlightenment theories of liberalism. (shrink)

Why should we deliberate? I discuss a Kantian response to this query and argue that we cannot as rational beings avoid deliberation in principle; and that we have good reasons to consider the value and strength of Kant's philosophical investigations concerning fundamental moral issues and their relevance for the question of why we ought to deliberate. I also argue that deliberation is a wide duty. This means that it has to be set as an end, that it is meritorious, and (...) that we cannot specify exactly what acts can be identified with it or are required for its realization. I begin by discussing why we cannot avoid deliberation in principle, that deliberation is a wide duty and why we ought to set it as an end. In the second part I argue how deliberation can be acknowledged in cosmopolitan education, and how we can inquire into the quality of communication in terms of deliberation in such an education or elsewhere. (shrink)

Rawls''s recent modification of his theory of justice claims that political liberalism is free-standing and falls under the category of the political. It works entirely within that domain and does not rely on anything outside it In this article I pursue the metatheoretical goal of obtaining insight into the anthropological assumptions that have remained so far unacknowledged by Rawls and critics alike. My argument is that political liberalism has a dependence on comprehensive liberalism and its conception of a self-serving subjectivity (...) that is far more binding as well as undesirable than it has been so far acknowledged. I proceed with a heuristic approach that introduces us to the possibility that political liberalism presupposes tacitly the Occidental metanarrative of reason harnessing rampant self-interest and subordinating it to a higher-order interest. As the presuppositions of political liberalism emerge, I draw from the debate between Rawls and Habermas in order to illustrate my argument for the existence of a dependence on these presuppositions. I outline some implications of the anthropological basis of political liberalism and conclude by exemplifying them with reference to Rawls''s comments on the division of a cake. (shrink)

In an earlier paper entitled _Harm is all you need?_, I used an analysis of English law to claim that the harm threshold was an unsuitable mediator of the best interests test when deciding if parental decisions should be overruled. In this paper I respond to a number of commentaries of that paper, and extend my discussion to consider the claim that the harm threshold gives appropriate normative weight to the interests of parents. While I accept that parents have some (...) rights over their children, I argue these are dependent on parents’ duties to benefit their children. While many such benefits are understood pluralistically, and are thus within parents’ ambit to decide, I claim that health benefits are ordinally different, because they play a foundational role in the flourishing of an individual. In the light of this, clinicians have the moral authority to override parental refusals, although in some cases abstaining from exercising this authority may be a pragmatic way to maintain parental engagement and ensure our ability to benefit the child in future. (shrink)

In order to address the question of hope in the present, it behooves us to revisit Kant’s third and fourth questions: ‘What may we hope?’ and ‘What is the human being?’ I reexamine these questions through an analysis of Thomas McCarthy’s recent book Race, Empire, and the Idea of Human Development and several works by Hans Blumenberg. I agree with McCarthy that Kant’s anthropology is incomplete and that the postmodern rejection of macronarratives was premature, but I claim that he requires (...) a more complex philosophical anthropology to guide a philosophy of history. In order to address the question about hope, I reconstruct the anthropology implied in Blumenberg’s writings. I claim that this answer to Kant’s fourth question supplies conceptual scaffolding missing from McCarthy’s book, provides resources necessary for making normative claims on behalf of all human beings, and can inform a multiversal history for grounding rational hope in the present. (shrink)

In a recent article, Amartya Sen writes that one important influence on his theory of adaptive preferences is Wollstonecraft's account of how some women, though clearly oppressed, are apparently satisfied with their lot. Wollstonecraft's arguments have received little attention so far from contemporary political philosophers, and one might be tempted to dismiss Sen's acknowledgment as a form of gallantry. That would be wrong. Wollstonecraft does have a lot of interest to say on the topic of why her contemporaries appeared to (...) choose what struck her as oppression, and her views can still help us reflect on contemporary problems such as the ones identified and discussed by Amartya Sen. In this article I will argue that a close look at Wollstonecraft's arguments may lead us to rethink some aspects of Sen's discussion of the phenomenon of adaptive preferences. (shrink)

In my reply to Pogge's critique of Rawls's international relations theory, I will try to show two things: (1) that Pogge's account of the public criterion of domestic social justice endorsed by Rawls is a partial one and (2) that this leads him to wrongly postulate a significant asymmetry between Rawls's domestic and international theories of justice. In the end, I hope to show that the domestic and international accounts are characterized by a significant degree of symmetry ? that both (...) accounts are motivated by Rawls's fundamental concern with self-respect. In other words, a more expansive, complete account of the domestic public criterion of social justice necessarily leads us (contra Pogge) to affirm a significant degree of continuity between the domestic and international accounts. (shrink)

Ethical principles are fundamental for the exercise of any profession. Portuguese psychologists have waited for 30 years for professional validation. This paper will define the Portuguese psychologists’ ethical principles, with a universal view as a starting point and then an adaptation to the cultural and professional reality in Portugal. The level of acceptability of these principles will be ascertained in a later paper.

The aim of this article is to examine ways in which localized research runs the risk of becoming a boundary discourse in a negative sense. The exaggerated emphasis on immanent critique, contextualization and incommensurability may lead discourse and disciplines to an isolationist self-understanding that leaves unchallenged or even entrenches existing discursive hegemonies. Or, it may side with the kind of facile and hasty fusion of discourses and disciplines that ignores epistemic demands and concerns for validity and semantic accuracy. That is, (...) it may overlook the necessity for positively understood discursive boundaries. Clearly demarcated, a-porous boundaries block osmosis and fruitful exchange and facilitate what is called here ?stronghold fortification?. And they make common cause with a disregard for all boundaries, i.e. with what is called here ?frame demolition?. Discourses of educational research, and particularly of ?special? versus ?inclusive? education, supply examples that are all the more telling since the very possibility of pedagogy reminds us that relativism is not an option here. To discuss interdisciplinarity and discursivity with an eye to such risks, I refer to Habermas? outlook on the position of philosophy after Kant alongside Derrida's rethinking of the right to philosophy ? a rethinking that is grounded in a reading of Kant's cosmopolitical point of view. (shrink)

The word 'paradigm' appears in a number of Cornelia Roux's published works (Roux 1998; 1998a; 2003; 2008; 2009; 2011). This article re-examines her use of 'paradigm' in the light of Thomas Kuhn's (1996) The Structure of Scientific Revolutions. Drawing on recently published work on religion and education (Gearon 2013; 2014), I elaborate why researchers and educators alike require a more rigorous theoretical conceptualisation of the underlying paradigms of contemporary religious education. Outlining how a satisfactory understanding of the paradigms in religious (...) education require an understanding of the epistemological grounds of each, the article presents, by way of demonstration, a critical outline of six such paradigms: the scriptural-theological; the phenomenological; the spiritual-experiential; the philosophical-conceptual; the socio-cultural; and the historical-political. (shrink)

This paper responds to the violence inherent in modern ‘formal’ conceptions of justice which sever the ‘cultural’ from the ‘political’. As a counterpoint to this dominant rendering of justice the paper explores an alternate justice whose character is typified by the disposition and exigencies of the viscera.

This chapter examines a foundational democratic practice by considering how it expresses concepts of the Enlightenment. The practice is that of the vote or plebiscite as it appears in governance. The leading enlightenment concept is rationality as it is expounded by Kant. Kant did not participate in national democratic processes. He expected decisions of any consequence to be made in Berlin and thrived when his City was invaded by the Russians and their officers became his students, until they left suddenly (...) in 1762 (Kuehn, 2001, p.126). Kant participated in political debate where the issues were in the main constitutional and about the processes of government reform. He became known for his theory of natural law and the justification of positive law. He advocated the separation of powers, but denied the right of revolution. This latter onclusion was in apparent contradiction of his support for republicanism, including the French, English, and American revolutions (Beck, 1971, p.413). The term “republican” in Kant’s writings is sometimes interpreted to mean “parliamentary democracy”. This is probably a mistake, and Reiss suggests Kant’s term does not carry the “connotation” of modern Western democracy (Reiss's "Introduction" in Kant, 1991a, p.25). Kant himself wrote that he wanted to prevent “the republican constitution from being confused with the democratic one, as commonly happens” (Kant, 1991a, .100). So it is that, whilst Kant wrote about the interaction of morality and politics, he did not write on the topic of the present chapter which focuses on those mechanisms or mechanics that democracy displays when it works. (shrink)

There is much that is interesting in Anthony Burke’s essay. Unfortunately, Burke is unable to resist hyperbolic language and too readily substitutes rhetorical onslaught for compelling argument.

Prior research on the psychology of retribution is complicated by the difficulty of separating retributive and general deterrence motives when studying human offenders . We isolate retribution by investigating judgments about punishing animals, which allows us to remove general deterrence from consideration. Studies 2 and 3 document a “victim identity” effect, such that the greater the perceived loss from a violent animal attack, the greater the belief that the culprit deserves to be killed. Study 3 documents a “targeted punishment” effect, (...) such that the responsive killing of the actual “guilty” culprit is seen as more deserved than the killing of an almost identical yet “innocent” animal from the same species. Studies 4 and 5 extend both effects to participants' acceptance of inflicting pain and suffering on the offending animal at the time of its death, and show that both effects are mediated by measures of retributive sentiment, and not by consequentialist concerns. (shrink)

To counter possibilities for human rights as cultural imperialism, (1) I develop a notion of human rights as culturally particular and valid only locally. But they are an increasingly generalizable particularism. (2) Because the incommensurability of different cultures does not entail an uncritical tolerance of just about anything, but rather allows for an objectivating stance toward other communities or cultures, locally valid human rights have a critical capacity. (3) Locally valid human rights promote a community's self-representation and thus allow for (...) diversity, rejecting the coercive (mis)representation of a community or culture as incapable of representing itself. (shrink)

Justice as a manifestation of “the just” is an evasive concept. On the one hand there is the law, an operation run by professionals. On the other hand there are the citizens the law is meant for. Generally speaking the law strives for justice. But the law has to protect many different interests and must work through legal devices. Therefore the justice that emerges from it is necessarily a legal compromise. For the citizens the legal rules are a given reality. (...) Generally they will agree that the law is there to achieve justice but legal arguments that justify a rule or decision cannot have the same value for them. In cases that affect them personally, justice will be a personal, existential experience, which may be incompatible with legal justice. It is hard to keep these two forms of justice under one roof. In order to make this easier this paper proposes a conceptual split between “law‐linked justice” and “existence‐linked justice.” It is argued that the law cannot in truth to its rational origin ignore the citizens’ experience of justice, out of the ordinary as they may be. (shrink)

Kant’s critical philosophy responds in parallel ways to mysticism and speculative metaphysics. In doing so, he develops the distinction between brooding reason and healthy reason, the former causing excessive attention and abstraction that the latter must contain. Mystics and metaphysicians, according to Kant, exemplify such brooding reason. His regimen for maintaining healthy reason is not simply an operation of rational thought but itself an embodied activity as well, and these two activities intersect in the imagination. Although Kant’s work is often (...) understood as wholly dismissive of mystical experience, I argue that his treatment of the religious imagination is fraught with ambiguity and can be most usefully understood as a technique for managing the incongruity of two types of religious imagination: the locative and the utopian. (shrink)

In this paper I critically assess David Lefkowitz’s view that the right to political participation encompasses a right to suitably constrained civil disobedience. I claim that his argument is not successful because it has an explanatory gap. I then examine two strategies for repairing his argument. The first attempts to show that acts of civil disobedience fulfill the duty to obey the law. The second attempts to establish that the moral value of civil disobedience outweighs the moral value of obeying (...) the law. I argue that both strategies may be successful—to a certain extent—but only the latter can establish a right to civil disobedience. (shrink)

In liberal modernity, the democratic collective will of society was understood to emerge through the public and deliberative freedoms of associational life. Today, however, democratic discourse is much more focused on the formation of plural and diverse publics in the private and social sphere. In these ‘non-linear’ approaches, democracy is no longer seen to operate to constitute a collective will standing above society but as a mechanism to distribute power more evenly through the social empowerment of individuals and communities as (...) the ultimate decision-makers. Government is brought back ‘to the people’ and democracy is seen to circulate through the personal decisions made in everyday life. This article seeks to analyse the development of non-linear approaches to the political sphere, which seek to overcome the rationalist assumptions of the public/private divide, paying particular attention to the work of two key liberal theorists, John Dewey and Friedrich von Hayek. (shrink)

Amitai Etzioni’s From Empire to Community traces the fundamental socio-political problem of our time to that of maintaining human primacy. He argues that the tendency of our technological means is to overtake our ability to assign worthy goals for their application. His analysis of the possibility of forming a cosmopolitan order can be applied fruitfully in a posthuman context in which emerging technologies pose a challenge for constructing a posthuman political and moral order. In this context; the task is to (...) maintain posthuman primacy. I show that there are several converging lines of thought and supportive social factors that underwrite the construction of a posthuman cosmopolitan order. I argue that self-consistent recursivity must be applied to the very procedural character of reflexive modernization of institutions and to the creation of posthuman beings that may participate in the creation of a future cosmopolitan social order. (shrink)

This article elicits two overlapping frameworks in which emancipation has been understood and applied to women. The first distinguishes between a) an original definition grounded in Roman Law and defined as release from slavery and b) an Enlightenment sense in which an emancipatory process is associated with a critical ethos. I derive this latter meaning from an analysis of Kant's and Foucault's respective essays on enlightenment. Although they agree that emancipation is an ongoing critical task, I emphasize two aspects of (...) Foucault's version: his attention to practices of liberty that entail bodily as well as subjective reconstruction and his inclusion, among topics for critique, of modernity's ontology of the human subject. In the case of women's emancipation, I argue that both aspects of emancipation must proceed simultaneously because of the distinctive nature of their oppression. For second-wave feminism, I note a continued, although reoriented, equation between women and slaves. But now I identify a further framework whereby emancipation emerges as a threefold although systemic undertaking in which legal, subjectivist, and economic dimensions are at stake. I argue in conclusion that each entails unfinished emancipatory projects that represent timely ways to revive emancipation in the twenty-first century. (shrink)