A companion to ‘Punishment: Consequentialism’, and also ‘Punishment: The Future’, this paper examines various nonconsequentialist attempts to justify punishment, that is, attempts that appeal to claims concerning the innate worth or intrinsic character of punishment, quite apart from any consequential good or benefit punishment may be thought to produce. The paper starts with retributive theories, and turns then to the denunciation and expressive theories, before considering combined communicative–retributive theories.

Hegel's logic provides a basis for an interpretation of his philosophy of history and political theory which avoids many of the difficulties that traditionally have been associated with his views, leaving us with a clear and useful model of modern political interaction. The unification of content and form provides for the inherently historicist features of the model, that resolve the traditional dichotomy of description and prescription by presenting the state as a historical process, developing through the opposition between the normative (...) claims of its constituents and the determinate socio-political arrangements existing at any particular stage in its history. The discussion begins with a brief examination of Hegel's doctrines of the concept and the _idea, which it subsequently applies to an interpretation of his concepts of _Sittlichkeit and the state. (shrink)

My goal in this essay is to demonstrate the continuing relevance of Hegel’s theory of right for contemporary emancipatory politics. Specifically, my contention is that Hegel’s Philosophy of Right can and should be read as defending the possibility of principled, decisive side-taking in political struggles. By revisiting Hegel’s Philosophy of Right, I seek to demonstrate four interconnected theses: that the will’s freedom is both a) the fundamental principle upon which genuinely political change can be grounded, and b) essentially external to, (...) or subtractable from, any and all social alignments; but is nonetheless c) necessarily actualized in specifically political institutions, and finally d) only truly actualized through emancipatory reforms of such institutions. In combination, these four theses demonstrate that politics is the principled, decisive and emancipatory reform of existent political institutions through historically determined political movements. Having established these basic theses, I will examine how the philosophy and politics of ‘prescriptive reform’ operates in practice. (shrink)

This paper shows how moral concepts are definable in terms of reasons for the blame sentiment. It then shows how, given that definition, the categoricity of moral obligation follows from some plausible principles about reasons for blame. The nature of moral agency is further considered in this light. In particular, in what sense is it self-governing agency? Self-governing actors must be at least self-determining: that is, they must be able to think about what reasons they have, in order in order (...) to assess what they have sufficient reason to believe, feel, or do. Thus any moral assessment implies that the person assessed is capable of self-governance in that sense. Furthermore, this notion of self-governance implies that an agent's moral obligations are relative to the agent's warranted beliefs. However it does not entail that moral agents must be autonomous, in the strong sense intended by Kant. Some consequences for modern conceptions of morality are considered. (shrink)

Kant wants to show that freedom is possible in the face of natural necessity. Transcendental idealism is his solution, which locates freedom outside of nature. I accept that this makes freedom possible, but object that it precludes the recognition of other rational agents. In making this case, I trace some of the history of Kant’s thoughts on freedom. In several of his earlier works, he argues that we are aware of our own activity. He later abandons this approach, as he (...) worries that any awareness of our activity involves access to the noumenal, and thereby conflicts with the epistemic limits of transcendental idealism. In its place, from the second Critique onwards, Kant argues that we are conscious of the moral law, which tells me that I ought to do something, thus revealing that I can. This is the only proof of freedom consistent with transcendental idealism, but I argue that such an exclusively first-personal approach precludes the recognition of other rational agents. I conclu.. (shrink)

The discussion of migrants’ education focuses generally on whether and how host countries should educate their migrant populations, examining the goals and moral principles underlying educational services for immigrants. While apparently innocuous, such formulations of the issue stipulate a framework with clear roles: host countries are posited as providers and immigrants as recipients of services. Host countries are, thus, placed in a hierarchical position of ‘granting’ belonging, ‘granting’ services, ‘granting’ education, as benefactors, whether for the purposes of duty, utility, or (...) justice. In this paper, I challenge this unidirectional order of beneficence. I propose that the inclusion of migrants in public institutions should more properly be viewed (also) as providing a necessary good/service for the host communities. The encounter with the alien, the foreign, the migrant, in oneself and in one’s world, forces individuals and communities to reflect on what and who they are as well as what and who they want to be – their identity and their future development. I argue that migrant populations with diverse linguistic traditions and customs are uniquely situated to bring to consciousness and help denaturalize the given traditions and culture of their host communities and thus make possible a more self-aware, informed, and freer path of development for their host countries. (shrink)

In this article I present an original interpretation of Roy Bhaskar’s project in Dialectic: The Pulse of Freedom. His major move is to separate an ontological dialectic from a critical dialectic, which in Hegel are laminated together. The ontological dialectic, which in Hegel is the self-unfolding of spirit, becomes a realist and relational philosophical anthropology. The critical dialectic, which in Hegel is confined to retracing the steps of spirit, now becomes an active force, dialectical critique, which interposes into the ontological (...) dialectic at the ‘fourth dimension’ of a naturalistically reconfigured account of relational human nature, agency. This account allows Bhaskar to explain and vindicate the crucial role social criticism must play in any realistic project of self-emancipation, and to create a space that didn’t exist in Hegel for an open-ended concrete utopianism. Freedom is thus the actualization of human nature, but is not automatic: the relation of human nature to freedom is mediated historically through dialectical critique, which, informed by concrete utopianism, can have emancipatory power. Content Type Journal Article Category Article Pages 13-44 Authors Craig Reeves, Brunel University Journal Journal of Critical Realism Online ISSN 1572-5138 Print ISSN 1476-7430 Journal Volume Volume 12 Journal Issue Volume 12, Number 1 / 2013. (shrink)

This article discusses three topics that have been the subject of debate in recent scholarship on Hegel's social and political philosophy: first, the relevance of Hegel's systematic metaphysics for interpreting Hegel's social and political writings; second, the relation between recognition, social institutions, and rational agency; and third, the connection between the constellation of institutions and norms that Hegel calls “ethical life” and Hegel's theory of freedom. This article provides a critical overview of the positions in these three debates. In the (...) case of the first debate, I clarify the conceptual terrain by distinguishing between several kinds of systematicity that are at issue. In the case of the second debate, I argue that the views of two of the major participants, Axel Honneth and Robert Pippin, are in fact compatible. In the case of the third debate, I seek to clarify the connection in Hegel between two different ideas of freedom in ethical life, each of which has been emphasized by different interpreters of Hegel: the idea of freedom as non-alienation and the idea of freedom as social freedom. I conclude with a discussion of the ways in which ethical life, for Hegel, enables the freedom of individuals. (shrink)

In the opening sections of his Foundations of Natural Right, Fichte argues that mutual recognition is a condition for the possibility of self-consciousness. However, the argument turns on the apparently unconvincing claim that, in the context of transcendental philosophy, conceptions of the subject as an isolated individual give rise to a vicious circle the resolution of which requires the introduction of a second rational being to ‘summon’ the first. In this essay, my aim is to present a revised account of (...) the opening arguments on which they are more convincing. In particular, I argue that the problem of a circle is genuine and may be seen to result from a relation of mutual dependence between agency and cognition which ensures that for an exercise of either capacity to take place, an exercise of the other would have already had to have taken place with the result that neither can occur. Moreover, the solution is successful. The summons prevents us from being driven around the circle once more because it is a ‘synthesis’ that reconciles the constraint to which I am subject as a cognizer of independently given objects and my freedom as a self-determining subject. (shrink)

Hegel’s theory of freedom is complex and sweeping, and while most interpreters of Hegel will readily agree that it is the centerpiece of his political philosophy, perhaps also of his social philosophy and philosophy of history, they will just as readily disagree about what exactly the theory claims. Such interpretive disagreements have fueled, in large part, the resurgence of interest in Hegelian philosophy over the last few decades.

There has been a resurgence of interest in Hegel's thought by Anglo‐American philosophers in the last 25 years. That expansion of interest was initiated with the publication of Charles Taylor's Hegel (1975). That work stills stands as one of7 the important branches of Hegel interpretation. However the dominance of the strongly metaphysical interpretation of Hegel, which dominated the understanding of Hegel until the 1980s, and of which Taylor's work represents the culmination, has now, at least among the major interpreters of (...) Hegel, given way to what has come to be known as the non‐metaphysical reading of Hegel. This article charts the emergence and development of the non‐metaphysical Hegel, which takes his thought to be a continuation of the Kantian project of critically examining the presuppositions of any normative claim. This article provides an overview of the latest developments in Hegel research, primarily focusing on the English‐language literature. Recent research has placed Hegel's concerns at the centre of contemporary debates in analytic philosophy, particularly concerning the status of norms, the ‘space of reasons’ and the ‘myth of the given’. This research has in turn been influential on the two most important figures in English‐language Hegel scholarship (Robert Pippin and Terry Pinkard). The article will position this new wave of Hegel scholarship and its influence in relation to the metaphysical interpretation of Hegel and will also provide a brief overview of Hegel's reception in French post‐structuralism, which has largely accepted and promoted a view of Hegel as a metaphysician. (shrink)

Discussions of habit in Hegel’s thought usually focus on his subjective spirit since this is where the most extended discussion of this issue takes place. This paper argues that habit is also important for understanding Hegel’s Philosophy of Right. The discussion of habit and second nature occur at a critical juncture in the text. This discussion is important for understanding his notion of ethical life and his account of freedom.

This essay discusses Kant and Hegel’s philosophies of action and the place of action within the general structure of their practical philosophy. We begin by briefly noting a few things that both unite and distinguish the two philosophers. In the sections that follow, we consider these and their corollaries in more detail. In so doing, we map their differences against those suggested by more standard readings that treat their accounts of action as less central to their practical philosophy. Section 2 (...) discusses some central Kantian concepts. In Section 3, we take a closer look at the distinction between internal and external action, as found in Kant’s philosophy of morality and legality. In Section 4, we turn to Hegel and his distinctions between abstract right, morality, and ethical life, as well as the location of his account of action within his overall theory of morality. We discuss the distinction between Handlung and Tat, and non-imputable consequences. The overall aims of our essay are to shed light on some puzzles in Kant and Hegel’s conceptions and to examine where their exact disputes lie without taking a stand on which philosophy is ultimately the most satisfactory. (shrink)

Georg Wilhelm Friedrich Hegel developed the concept of institutionalized education, which reflected public schooling and its legitimacy in the context of rapid transformation of European feudal societies to modern societies. The concept of school reflects the Hegelian theory of Bildung and the concept of modern society. What makes Hegel’s philosophy interesting is his conviction that the processes of Bildung can take place only in the context of social institutions and in the highly organized forms of human interaction regulated by those (...) institutions. Hence the development of an individual, according to Hegel, depends exclusively on institutionalized forms of interaction. In modern society, pedagogical institutions have a specific function: on the one hand, schooling is essentially an institutional form of initiating the process of Bildung in which an individual acquires culture and applies it to life—a life which consequently becomes consciously led by an individual self; on the other, schooling is essentially a way for modern society to ensure its self-preservation by preparing the individual to respond to the demands of civic society so that she or he can take part in the economic production and reproduction of modern society. (shrink)

There is a remarkable and surprising connection to be found between an argument of Søren Kierkegaard’s and one of Zhuangzi’s—what I call the ‘social misfit’ critique. I will argue that this connection highlights a hitherto unacknowledged parallel between the moral thought of their respective targets: Hegel in the case of Kierkegaard and Confucius in the case of Zhuangzi. Specifically, it reveals a significant parallel between Hegel’s movement from Moralitat to Sittlichkeit and Confucius’ position on the central and irreducible role of (...) li (ritual or propriety) in morality. I will begin by briefly tracing the ‘social misfit’ critique as it is found in Kierkegaard’s Fear and Trembling and in the Zhuangzi. In Section 2, I will sketch Hegel’s argument for the indispensability and irreducibility of social norms (Sittlichkeit) for morality, and reflect on the implications of this move for the possibility of social criticism. Finally, I will argue that Confucius can be understood as articulating a vision of morality and of social criticism very close to Hegel’s. (shrink)

The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of (...) the concept of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed issue of justifying legal punishment. (shrink)

It is widely known that Hegel is a proponent and defender of the market economy. But why exactly does Hegel think that the market economy is superior to other economic systems? In this paper, I argue that Hegel's answer to this question has not been sufficiently understood. Commentators, or so I want to claim, have only identified one part of Hegel's argument—but have left out the most original and surprising dimension of his view: namely, Hegel's conviction that we should embrace (...) the market economy for its educational impact. Indeed, Hegel thinks that the market, by creating a sphere of life apart from traditional norms and expectations, teaches us something about ourselves, about others, and about the world we inhabit together—something that we could not learn anywhere else, but that we inevitably need to live well as individuals. (shrink)

Although the best-known Hegelian objection against Kant's moral philosophy is the charge that the categorical imperative is an ‘empty formalism’, Hegel's criticisms also include what we might call the realizability objection. Tentatively stated, the realizability objection says that within the sphere of Kantian morality, the good remains an unrealizable ‘ought’ – in other words, the Kantian moral ‘ought’ can never become an ‘is’. In this paper, I attempt to come to grips with this objection in two steps. In the first (...) section of the paper, I provide an initial reading of the objection, according to which Hegel agrees with Kant's formulation of the realizability problem but disagrees with the specific Kantian solution, namely, with the Kantian idea of the highest good and the doctrine of the postulates. In the second section, I go on to argue that this reading is potentially too superficial and offer a more far-reaching interpretation whereby Hegel is ultimately targeting fundamental distinctions of Kant's moral theory. I end by employing these more far-reaching results of Hegel's objection to sketch some features of Hegel's alternative ethical view. (shrink)

We can distinguish two kinds of moral universalization tests for practical principles. One requires that the universal practice of the principle, i.e., universal conformity to it by all agents in a given world, satisfies some condition. The other requires that conformity to the principle by any possible agent, in any situation and at any time, satisfies some condition. We can call these universal practice and universal applicability tests respectively. The logical distinction between these tests is rarely appreciated, and many philosophers (...) systematically confuse them with each other. In practice, UP tests are more frequently used to defend deontological norms, while UA tests are used to defend consequentialist norms. Both conceptual argument and practical examples of their applications will show that UA tests are decisively superior to UP tests for grounding moral norms, casting greater doubt upon deontological theories which rely upon the latter unless they can reformulate their arguments using some version of a UA test. (shrink)

In this paper, I will attempt to show how in its reinforcement of relations of subordination, Hegel's conception of the Ethical reveals structural parallels with Antonio Gramsci's notion of hegemony. First, I will analyze Gramsci's notion of hegemony. In his notebooks written in prison between 1929 and 1935, Gramsci employs the term 'hegemony' to focus attention on the determinate role of socio-cultural formations in sustaining relations of domination. In his eyes, a group maintains its supremacy not simply through the direct (...) domination of the coercive state apparatus but also through the organized consent of the governed in civil society. The dominant group thus needs to resort to legal constraint only as a last line of defense, when in times of a crisis of authority the effective self-identification of the governed with the hegemonic formations breaks down. Second, I will attempt to highlight how in Hegel's Philosophy of Right , ethical mediating institutions in civil society, including education, public authorities, and corporations, function in a way similar to Gramsci's notion of hegemony by creating what Hegel himself terms 'a fundamental sense of order' rooted in the 'habit of the Ethical' that promises to organize the more 'spontaneous', 'unhesitating' consent of the collective. Through the formation of this fundamental ethical sense of order, Hegel believes that coercive law may be rendered increasingly 'superfluous'; that is, precisely the role Gramsci sees 'ethical-political hegemony' play in the transition from the 'nightwatchman' to the 'ethical' state. Yet in contrast to Hegel's normative claims, I will try to show how at the level of civil society these ethical mediating institutions in fact fall short of their intended goal. Rather than 'reconcile' individual interest with public utility, they serve to strengthen asymmetrical distributions of power that inhibit the resolution of social conflicts in a mutually beneficial manner. Hegel's conception of the Ethical therefore functions here in a way similar to hegemony to the extent that it molds a sense of order that solidifies relations of subordination. (shrink)

In this paper, I will attempt to show how in its reinforcement of relations of subordination, Hegel's conception of the Ethical reveals structural parallels with Antonio Gramsci's notion of hegemony. First, I will analyze Gramsci's notion of hegemony. In his notebooks written in prison between 1929 and 1935, Gramsci employs the term 'hegemony' to focus attention on the determinate role of socio-cultural formations in sustaining relations of domination. In his eyes, a group maintains its supremacy not simply through the direct (...) domination of the coercive state apparatus but also through the organized consent of the governed in civil society. The dominant group thus needs to resort to legal constraint only as a last line of defense, when in times of a crisis of authority the effective self-identification of the governed with the hegemonic formations breaks down. Second, I will attempt to highlight how in Hegel's Philosophy of Right, ethical mediating institutions in civil society, including education, public authorities, and corporations, function in a way similar to Gramsci's notion of hegemony by creating what Hegel himself terms 'a fundamental sense of order' rooted in the 'habit of the Ethical' that promises to organize the more 'spontaneous', 'unhesitating' consent of the collective. Through the formation of this fundamental ethical sense of order, Hegel believes that coercive law may be rendered increasingly 'superfluous'; that is, precisely the role Gramsci sees 'ethical-political hegemony' play in the transition from the 'nightwatchman' to the 'ethical' state. Yet in contrast to Hegel's normative claims, I will try to show how at the level of civil society these ethical mediating institutions in fact fall short of their intended goal. Rather than 'reconcile' individual interest with public utility, they serve to strengthen asymmetrical distributions of power that inhibit the resolution of social conflicts in a mutually beneficial manner. Hegel's conception of the Ethical therefore functions here in a way similar to hegemony to the extent that it molds a sense of order that solidifies relations of subordination. (shrink)

Deliberation often begins with the question ‘What do I want to do?’ rather than the question of what one ought to do. This paper takes that question at face value, as a question about which of one’s desires is strongest, which sometimes guides action. The paper aims to explain which properties of a desire make that desire strong, in the sense of ‘strength’ relevant to this deliberative question. Both motivational force and phenomenological intensity seem relevant to a desire’s strength; however, (...) accounting for the strength of a desire in these terms opens up significant indeterminacy about what we want. The paper argues that this indeterminacy is often resolved simply by posing the question ‘What do I want to do?’ to oneself: there is reason to believe that one’s answer will play a verdictive role, partially determining what the agent most wants. Self-reflective beliefs can play a self-fulfilling role, and surprisingly this seems to follow from basic platitudes about the belief-desire model. (shrink)

Someone once told me that the average number of readers of a philosophy article is about six. That is a particularly depressing thought when one takes into account the huge influence of certain articles. When I think of, say, Gettier's article on knowledge, or Quine's ‘Two Dogmas’, I begin to wonder whether anyone is ever likely to read anything I write. Usually the arguments of these very influential articles have been subjected to widespread analysis and interpretation. The case of Elizabeth (...) Anscombe's ‘Modern Moral Philosophy’, published in 1958, is something of an exception. That article has played a significant part in the development of so-called ‘virtue ethics’, which has burgeoned over the last three decades in particular. But there has been less close attention to its arguments than one might have expected. (shrink)

This paper argues that Hegel's depiction of knowledge, as presented in the Encyclopaedia philosophy of subjective Spirit, is founded on what he deems to be the practical interests of self-consciousness. More specifically, it highlights the significance of the will in Hegel's understanding of the cognitive process. I begin with a survey of the relation between category-formation and the notion of self-determining freedom in the Logic , and therewith draw attention to the unity of thinking and willing in the Concept. I (...) then indicate how Hegel's philosophy of subjective Spirit should be read as the applied logic of the Concept, according to which the socially constituted self-conscious I seeks to realise its claims to freedom through its theoretical cognitions of objects. As part of what could be called Hegel's integrative theory of the faculties, I finally argue that the will underscores both the determinate character of our theoretical cognitions and the reflexivity of knowledge in general. On this score, I maintain that Hegel, whose relation to Kant and Fichte I also consider, is of the view that it is with reference to willing that we can account for the self-referential nature of reason in toto as the actualised unity of theoretical-practical subjectivity. (shrink)

-/- Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: -/- [retributivism] justifies punishment in terms not of its contingently beneficial effects (...) but of its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. -/- Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. -/- The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’. (shrink)

The central aim of this article is to set out the essential elements of Hegel’s conception of evil. I demonstrate that Hegel understands evil primarily as a moral phenomenon. In particular, he identifies evil as a pernicious subjectivism and hypocrisy that undermines the social and institutional conditions for ethical action. An appropriate understanding of his conception of evil points to the centrality of trust to ethicality (die Sittlichkeit).

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)

When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked (...) argument satisfies the first half of a thesis Hegel applies to action in the Encyclopaedia Logic, namely, that the outer must be inner, and thus provides a necessary complement for his more explicit treatment of the second half of that thesis, that the inner must be outer. The claim that agents are only responsible for what they intended to do might appear, at first, to risk conflating legal and moral responsibility and to lack the necessary means to deal with the phenomenon of moral luck, but I argue that if it is properly situated within the whole of Hegel's philosophy of action it can be saved from both of these consequences and so take its place as an essential component of Hegel's full theory of moral responsibility. (shrink)

In the Philosophy of Right, Hegel insists that a marriage is only established after a wedding ceremony has taken place but he provides no satisfactory justification for thinking this. In this paper, I attempt to provide some justifications for him. I advocate an interpretation of Hegel that (1) understands the declaration of consent uttered in the wedding ceremony to be a performative act whose force is what transforms a relationship into a marriage and that (2) understands Hegel’s general concept of (...) personality to inform his requirement that the agreement to marry be declared publicly. (shrink)