“Resilience” is booming. No longer a mere metaphor or abstract reference to dispositional properties, the resilience of communities or social-ecological systems is increasingly grounded in specific first-order properties. Consequently, resilience now constitutes a contentful and achievable partial conception of a good society. Yet political philosophers have taken little notice. The current article first discerns within recent social-scientific literature a set of attainable and measurable first-order properties that constitute “community resilience” or “ecological resilience.” Then, specifying “resilience” as the resilience of high-HDI (...) democratic societies to environmental disasters, infrastructure failures, and economic collapse, the current article argues from within a liberal framework that both “classical” and “egalitarian” liberals must treat resilience so understood as a necessary condition of legitimacy and justice; and this conclusion forces an overhaul of these liber... (shrink)

What role should the state have in recognizing and regulating marriage? Until recently, liberal political theorists paid little attention to this question. Yet the challenges that the public–private boundary-crossing institution of marriage poses to liberalism are substantial. Tensions in contemporary debates suggest that these challenges remain unaddressed and thus, invite attempts to formulate a coherent and compelling model of the relationship between marriage and the liberal state. This article responds to this invitation. Marriage has long been a concern of at (...) least some liberal thinkers. Typically they focused on the dual character of marriage, or its role in producing gender inequality. While these critical insights are essential to any adequate account of marriage and the state, they are only part of the picture. To grasp the sources of confusion and silences in contemporary debates, and formulate a robust liberal model of marriage and the state, we must examine the functions — intended and effective — of public recognition of marriage. This examination highlights the relevance to the marriage-state relationship of familiar liberal approaches to negotiating the religion-state relationship. Drawing on these approaches and liberal feminist thought, I sketch a model of marriage and the state that aims to expand the area of protected freedom without sacrificing equality, fairness or marriage. Under the model I propose, marriage would be disestablished. The state would neither confer marital status, nor use 'marriage' as a category for dispersing benefits. Legitimate public welfare goals currently treated through marriage would be addressed through an intimate caregiving union status. (shrink)

After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can be (...) understood. On the normative side, neoclassical theory represents marginal productivity theory as showing that (a metaphorical version of) the imputation principle is satisfied ('people get what they produce') in competitive enterprises. Since that shows the moral commitment of neoclassical economics to the imputation principle, the labour theory of property is presented here as the actual non-metaphorical application of the imputation principle to property appropriation. The property-theoretic analysis at the firm level shows how the neoclassical (and much heterodox) analysis in terms of 'distributive shares' wholly misframed the basic questions. Finally, the paper shows how the imputation principle (modernised labour theory of property) is systematically violated in the present wage labour system of renting persons. The paper can be seen as taking up the recent challenge posed by Donald Katzner for a dialogue between neoclassical and heterodox microeconomics. (shrink)

To consequentialise a moral theory means to account for moral phenomena usually described in nonconsequentialist terms, such as rights, duties, and virtues, in a consequentialist framework. This paper seeks to show that all moral theories can be consequentialised. The paper distinguishes between different interpretations of the consequentialiser’s thesis, and emphasises the need for a cardinal ranking of acts. The paper also offers a new answer as to why consequentialising moral theories is important: This yields crucial methodological insights about how to (...) pursue ethical inquires. (shrink)

Giorgio Agamben’s concepts of ‘the sovereign’, ‘state of exception’ and ‘bare life’ have been used by political theorists, particularly since the declaration of the Global War on Terror and during the more recent age of wars of humanitarian intervention, to conceptualize the sovereignty exercised by security states. These state processes have been mirrored by absolutization within some branches of political theory, conflating Foucauldian concepts of biopolitical sovereignty and circulatory governmentality with notions of absolutist rule, and narrowing optics for interpreting popular (...) mobilizations around gendered ‘human security’ projects, emergency regimes and moralizing repression. Suggesting more productive directions for theory, this article generates a close reading of female activists working in an unexpected industry in Egypt who have struggled to invert and subvert absolutist and moralizing framings and have generated their own theory through practice. The ‘Natashas of Cairo’ – well organized and transnationally linked belly dancers – successfully promoted gendered popular sovereignty in remarkable campaigns between 2002 and 2006, utilizing personal-rights litigation to create frameworks to render the absolutist state more accountable; establish labor solidarities that crossed international boundaries as well as class boundaries; and articulate an alternative moral regime for dance work that rejected both ‘pornification’ and the ‘respectability politics’ of professionalization. (shrink)

Billy Wilder's classic film ‘Some Like It Hot’ prefigures Judith Butler's concept of performativity in relation to sex, gender and sexuality. Butler introduced this in Gender Trouble, demonstrating that sex, gender and sexuality are naturalized effects of citation and repetition. In that text she explains that denaturalization is visibly demonstrated by drag. Later in Bodies that Matter she argues that drag in ‘Some Like It Hot’ does not denaturalize heterosexuality, but rather fortifies it. What then for Butler divides denaturalizing drag (...) from non-denaturalizing drag? Butler locates denaturalizing drag in the film ‘Female Trouble’, where Divine's drag-queen persona satirizes gender in a hyperbolic performance. However, Butler misconstrues the cross-dressing performances in ‘Some Like It Hot’ as drag, which are better understood as instances of theatrical disguise. Narrative analysis reveals that all the characters in ‘Some Like It Hot’ function within a dystopian critique of heteronormativity. Because the film takes a performative view of sex, gender and sexuality, it can validate three queer couples who defy the strictures of heterosexual romance. Butler thus overlooks a discourse of critique and destabilization alternative to gay perspectives. Current developments in sexual politics, broadly conceived, track both Butlerian concepts of performativity and dystopian critiques of heteronormativity. (shrink)

Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private property, (...) state property and common heritage of humankind. After presenting each property regime, we will examine whether and how these incentivize the conservation, improvement and sharing of crop genetic resources, and conclude by defending a mixed property regime. (shrink)

This article reviews Randall G. Holcombe, From Liberty to Democracy - The Transformation of American Government, The University of Michigan Press, 2002.

New life sciences innovation offers the possibility of new conceptions of human nature with significant impact on liberal theories of justice. So far, nature as such has been thought to be something given and beyond human control. Thus, to define something as natural has meant the same thing as to relegate it to the realm of fortune or misfortune, rather than justice or injustice. However, the successful decoding of the human genome and subsequent advances in genomics-based technologies begins to change (...) this conception to a new one: nature can be something dynamic and within human control. Therefore, genomics-based technologies can make possible the just distribution of natural goods (rationality, intelligence, etc). Can liberal political theories successfully deal with this new possibility of justice? This paper addresses the question by briefly assessing Rawls' egalitarianism, Nozick's libertarianism and Sen's capability theory of justice. It is argued that these theories fail to address the new possibility of justice made feasible by life sciences innovation. On the one hand, libertarianism is insensitive to natural inequalities. On the other hand, egalitarianism and the capability theory of justice are limited to compensating for natural inequalities and avoid ensuring just distribution of natural goods. Contemporary liberal theories are not dynamic enough to deal with distributive justice in the 21st century. (shrink)

A central argument of the _Leviathan_ has to do with the political importance of education. Hobbes wants his book to be taught in universities and expounded much in the manner that Scripture was. Only thus will citizens realize what is in their hearts as to the nature of good political order. Glory affects this process in two ways. The pursuit of glory _by a citizen_ leads to political chaos and disorder. On the other hand, _God’s_ glory is such that one (...) can do nothing but acquiesce to it. The Hobbesian sovereign shares some of the effects of glory that God has naturally; this, however, has to be supplemented by awe and that but fear. (shrink)

As a grand narrative of progress, the utopian project of modernity is primarily concerned with notions of rationalism, universalism, and the development of a metalanguage. The triumph of the Moderate Enlightenment has seen logics of domination, accumulation and individualism incorporated into the project of modernity, with these logics giving rise to globalised capitalism as the metalanguage of modernity and neoliberal economics as the grand narrative of rational progress. The project of modernity is all but complete, requiring only the formality of (...) an end. However, rather than utopia, the foreseeable endpoint of modernity is environmental collapse, with neoliberal economics also serving as a grand narrative of environmental destruction. As an anti-modern response, postmodernism has been a triumphant failure. While there is much to be gained from the postmodern critique of modernity, its incredulity towards metanarratives has left it incapable of forming an adequate response to modernity, especially in regards to action on climate change. Postmodernism is better characterized as a crisis located within modernity itself and it will be argued that rather than the pursuit of the modern or the post-modern, we need to re-imagine ourselves as proto- historical to overcome the impasse of late-capitalism. (shrink)

This paper considers the implications of Hannah Arendt's criticisms of Frantz Fanon and the theories of violence and politics associated with his influence for our understanding of the relationship between those two phenomena. Fanon argues that violence is a means necessary to political action, and also is an organic force or energy. Arendt argues that violence is inherently unpredictable, which means that end reasoning is in any case anti-political, and that it is a profound error to naturalize violence. We evaluate (...) their respective arguments concluding that in her well-founded rejection of the naturalization of violence, Arendt's understanding of the embodied nature of violence is less insightful than Fanon's. (shrink)

In this paper, I argue that, just as the problem of unconceived alternatives provides a basis for a New Induction on the History of Science to the effect that a realist view of science is unwarranted, the problem of unconceived objections provides a basis for a New Induction on the History of Philosophy to the effect that a realist view of philosophy is unwarranted. I raise this problem not only for skepticism’s sake but also for the sake of making a (...) point about philosophical argumentation, namely, that anticipating objections to one’s claim is not the same as supporting one’s claim. In other words, defending p from objections does not amount to support or evidence for p. This, in turn, presents dialectical and pragma-dialectical approaches to argumentation with the following question: does proper argumentation require that arguers anticipate and respond to unconceived objections? (shrink)

Freedom can be seen as individual’s capacity to choose between alternatives. As such, it stands in a dialectical relationship to its environment that both imposes constraints on freedom and allows carrying it out. Yet if we see liberty as freedom’s social accommodation, how would freedom shape liberty, and how would liberty accommodate freedom? As a capacity for choice, freedom is formal. Negative liberty, or freedom from, protects this capacity yet does not give it content. To make freedom meaningful, its societal (...) accommodation has ensure that the choice can be carried out – in terms of accessing alternatives, understand them, and making informed choices. The paper, using the tools provided by the Hegelian philosophy and by information theory, explores the concept of liberty as an enabler of freedom and the role of knowledge in its enablement. This exploration leads us to specific positive rights that are necessary to make freedom meaningful. (shrink)

People often assign ownership to the person who has invested labor into making an object (labor rule). However, labor usually improves objects and increases their value, and it has not been investigated whether these considerations underlie people's use of the labor rule. We presented participants with third-party ownership conflicts between an owner of materials and an artist who used the materials for some artwork. Experiment 1 revealed that participants were more likely to transfer ownership to the artist for low-value materials (...) than for high-value materials, and Experiment 2 showed that this effect was further moderated by the amount of effort the artist had invested. A third experiment confirmed that participants transferred ownership more often if the artist's labor had increased the value of the materials than when it had added no value. These findings suggest that considerations for value underlie ownership transfers following the investment of labor. (shrink)

The threat of terrorism once again raises some of the classic questions about constitutionalism: is it possible for constitutions to do what they aim to do—channel and control political power in such a way as to make it safe and beneficent for those under its rule but also competent to govern? Does not terrorism reraise the Schmittian problem of “the exception”, i.e., the situation of emergency that necessarily escapes all constitutional limitations? Although they did not face the problem of terrorism (...) as we know it, the American founders developed three different models of constitutionalism, embodying three different ways of responding to emergent circumstances and yet remaining bound to the constitutionalist aspiration. We develop the main outlines of the three models both conceptually and historically and show how they continue to be relevant to current discussions of constitutionalism in the age of terror. Finally, we make a tentative effort to judge which of the three models is most able to do what constitutions should do in difficult times. (shrink)

Taking credit is the process through which organizational members claim responsibility for work activities. We begin by describing a publically disputed case of credit taking and then draw on psychological, situational, and personality constructs to provide a model that may explain when and why organizational members are likely to take credit. We identify testable propositions about the credit-taking process, discuss ethical aspects of credit taking and suggest areas for research on credit taking in organizations.

This article surveys the major historical developments in Western philosophical reflection on war. Section 2 outlines early development in Greek and Roman thought, up to and including Augustine. Section 3 details the systematization of Just War theory in Aquinas and his successors, especially Vitoria, Sua´rez, and Grotius. Section 4 examines the emergence of Perpetual Peace theory after Hobbes, focusing in particular on Rousseau and Kant. Finally, Section 5 outlines the central points of contention following the reemergence of Just War theory (...) in the 1970s. (shrink)

According to contemporary legal positivism, law claims to create obligations. In order for law to be able to create obligations, it must be capable of having authority. Legal positivism claims that for law to be capable of having authority, it only has to meet non-moral or non-normative conditions of authority. In this paper it is argued that law can only be capable of having authority if it also meets certain normative conditions. But if something must meet certain normative conditions in (...) order to be capable of having authority and if it must be capable of having authority in order to be law, then it is only law if it is conceivable that it meets these normative conditions and this can only be ascertained by means of an evaluation. Therefore, legal positivism's claim that determining what the law is does not necessarily, or conceptually, depend on moral or other evaluative considerations (the separation thesis) is incompatible with its claim that law must be able to create obligations. Further, an analysis of Hart's concept of law shows that it is not only possible that the identification of the law depends on moral evaluation, as Hart claims, but that it is conceptually necessary that it does. (shrink)

Aspirations for global justice have, in the last two decades, found their most radical expressions in the context of global environmental governance and climate change. From Rio de Janeiro through Kyoto to Copenhagen, demands for international distributional justice, and especially North–South equity, have become a prominent aspect of international environmental negotiation. However, claims for international environmental and climate justice have generally been deployed in the form of instinctive gut reaction than as a closely argued concept. In this paper, I outline (...) the ways in which issues of international justice intertwine with notions of global environmental sustainability and the basic premises on which claims for North–South equity are entrenched. (shrink)

A growing sense of the exhaustion of both liberalism and Marxism has fueled a revival of interest in civic republicanism among historians, political theorists, and social commentators. This turn is evaluated via an examination of the normative implications off. G. A. Pocock's account of civic republicanism. Arguing that what is at issue between liberals and republicans has been misunderstood by both sides in the debate, the author shows that the turn to republicanism fails to address the most vexing problems liberalism (...) confronts in the modern world, and that it is and has been compatible with much of what critics of liberalism dislike. He argues, further, that the civic republican view involves an instrumental attitude to outsiders that cannot be justified in today's world and has other unattractive dimensions of which too little account has been taken by defenders and detractors alike. (shrink)

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals' concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

This paper calls attention to matsyanyaya, or state of nature theories, in classical Indian thought, and their significance. The focus is on those discussions of matsyanyaya found in the law books, political treatises and the Mahabharata epic. The significance and relevance of matsyanyaya theories are shown through a comparison with early modern state of nature theories and an elaboration on the possible place of rights and dharma in matsyanyaya and the consequences of this for classical Indian political theory.

This article will probe into Kant’s viewpoints about parent-child relationship so as to demonstrate that they are inspiring on the one hand—for example on dealing with the relationship as that pertinent to the thing in itself, but on the other hand, there are many flaws. His strategy on avoiding the difficulty of creating by man a being endowed with freedom depends merely on an one-sided comprehension of time, because according to Kant himself, there is a difference as to the time (...) between sensual forms of intuition and expressive form of transcendental imagination. In the Critique of Pure Reason, Kant gives a profound enunciation with respect to the two and the latter is related to free causality and categorical imperative in his moral philosophy. Once it refers to the rights of a being endowed with freedom and the time it requires to maintain them, it is problematic to assert that the creation of such beings is not concerned with, in any sense whatsoever, time and the sensual, mortal body. What is more, Kant failed to take into full consideration that parents are also beings endowed with freedom whose rights to the child are not totally dependent on the latter’s inherent rights but on their own inherent basis. Granting parents too few natural rights, Kant on the other hand allocates them too much obligations in that the parent-child relation is unbalanced in his field of view. Thirdly, he gives no consideration as to whether or not the empirical process of rearing children itself can also create some rights, which nevertheless, should be taken into account when temporal elements can be found from the very original parent-child relationship. (shrink)

Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...) terms of subjective expected utility, it allows immoral manipulation of others and imposes unwarranted restrictions based on preferences that should carry no moral weight. (shrink)

Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...) when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side. (shrink)

In this paper the authors argue that the exploration of the nature of needs and rights should begin with the actually existing organization of care and of justice in society. The authors raise two key concerns with this organization: 1) the invisibility of care to some, and 2) the inaccessibility of rights to others. Recent work by care scholars has called attention to the ways the current organization of care work perpetuates the myth of self-sufficiency for some, while reducing others (...) to mere dependents. Law and Society scholars have demonstrated the problems of uneven access to legal remedies within the current organization of the legal system. Addressing these concerns simultaneously reveals both the problems of the current organization of needs and rights as well as illuminating alternative possibilities. The authors argue, first, that a justice perspective, based on rights is inadequate because its presumed universality is belied by the reality of the inaccessibility of rights to many. Second, the authors argue that a care perspective, currently formulated upon the assumption that only some people have needs, is also flawed because its presumed particularity distorts the human experience and subsequent policies. Instead, the authors need to conceive of care in a public way that permits both rights and needs to be understood as applicable to all. The authors propose some initial thoughts about how to create such a public concept of care. (shrink)

In this paper I investigate a largely untold chapter in the history of race thinking in Northern Europe and North America: the transition from the form of racism that was used to justify a race-based system of slavery to the medicalising racism which called for segregation, apartheid, eugenics, and, eventually, sterilization and the holocaust. In constructing this history I will employ the notion of biopower introduced by Michel Foucault. Foucault’s account of biopower has received a great deal of attention recently, (...) but because what he actually has to say about race tends to be vague and radically incomplete, many race theorists have been critical of his contribution. However, even if the account of the holocaust in terms of biopower is incomplete, there is still a great deal to be learned from Foucault’s identification of this biologizing, or medicalising racism. (shrink)

Some libertarians tend to advocate the wide availability of cognition-enhancing drugs beyond their current prescription-only status. They suggest that certain kinds of drugs can be a component of a prudential conception of the ‘good life’—they enhance our opportunities and preferences; and therefore, if a person freely chooses to use them, then there is no justification for the kind of prejudicial, authoritative restrictions that are currently deployed in public policy. In particular, this libertarian idea signifies that if enhancements are a prudential (...) ‘good’ for the user, then this can also be construed as a moral good for all rational agents. If this argument is successful, there can be no substantial distinction between the categorical benefits of enhancement, and what is labeled as an enhancement technology. In this paper, I argue that the exclusivity of egotistical choice, and an uncritical deployment of enhancement as a prudential good, underplays the role of a social and political community when creating a procedurally just and effective public policy. Principally, the argument is devoid of any ethical system to permit the external—and therefore public–appreciation of the social context of moral decisions. In effect, libertarian arguments of this sort must disregard any ideas of public ethics, because the liberty to use whatever means available to gain a socio-economic advantage actually extinguishes any professed legitimation strategy. Escaping the procedural aspects of public policy, which are considered integral to authoritative coherence, results in the erosion of any moral obligations. Thus, in a libertarian society, disenfranchised individuals—such as those harmed through addiction—are the unlucky or superfluous product of a liberal and ‘progressive’ society. (shrink)

This paper concentrates on three connected features of Taylor's argument. I begin by considering his historical sections on the formation of the modern identity, raising some doubts about the focus of his discussion and offering some specific criticisms in the case of Locke and Rousseau. Next I examine Taylor's list of the moral imperatives allegedly felt with particular force in the contemporary world. I question the extent to which the values listed by Taylor are genuinely shared, and point to a (...) range of criticisms put forward by conservatives, Marxists, feminists, and other opponents of liberalism, all of whose doubts Taylor appears to underestimate. Finally, I address Taylor's underlying claim that a religious dimension is indispensable if our highest human potentialities are to be realized, and conclude with a critique of his theistic arguments. (shrink)

The author argues that Thomas Hobbes anticipates a set of questions about meaning and semantic order that come to fuller expression in the 20th century, in the writings of W.V.O. Quine, Ludwig Wittgenstein, Donald Davidson, Jacques Derrida, and Richard Rorty. Despite their different points of departure, these 20th-century writers pose a number of profound questions about the conditions for the stability of meaning, and about the conditions that govern the use of the term “language” itself. Though the more recent debate (...) benefits from a set of philosophical tools unavailable in the seventeenth century, the author further argues that Hobbes performs a number of maneuvers in his texts from which his 20th-century successors would profit. (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)

Organizations in competitive markets are often assumed to be voluntary associations, involving free exchange between various participants for mutual benefit. Just how voluntary or free organizational exchanges really are, however, is problematic. Even the criteria for determining whether specific transactions are free or coerced are not clear. In this paper, I review three general approaches to specifying such criteria: consequentialist, descriptive, and normative. I argue that the last is the most reasonable, that freedom is an essentially moral concept, whose meaning (...) is relative to preconceptions of human rights. Implications for freedom of contract are discussed.[O]n the whole, market competition, when it is permitted to work, protects the consumer better than do the alternative government mechanisms that have been increasingly superimposed on the market. ... If one storekeeper offers you goods of lower quality or of higher price than another, you're not going to continue to patronize his store. If he buys goods to sell that don't serve your needs, you're not going to buy them. The merchants therefore search out all over the world the products that might meet your needs and might appeal to you. And they stand back of them because if they don't, they're going to go out of business. When you enter a store, no one forces you to buy. You are free to do so or go elsewhere. That is the basic difference between the market and a political agency. You are free to choose (Friedman and Friedman, 1979, 222–223). (shrink)

We are witnessing increasing use of the Internet, particular social media, to criticize (perceived or actual) moral failings and misdemeanors. This phenomenon of so-called ‘online public shaming’ could provide a powerful tool for reinforcing valuable social norms. But it also threatens unwarranted and severe punishments meted out by online mobs. This paper analyses the dangers associated with the informal enforcement of norms, drawing on Locke, but also highlights its promise, drawing on recent discussions of social norms. We then consider two (...) crucial conditions that online public shaming must meet in order to be justifiable: proportionality and accountability. We argue that these requirements are in fact frequently violated, rendering most cases of online public shaming unjustified. While the use of online public shaming against others’ vices has some apparent virtues, it is currently rarely justified, given its own vices. (shrink)

Work occupies a central place in most people’s lives, yet a secondary one in most of political philosophy. This article attempts to show the negative theoretical consequences of this neglect by taking the example of the concept of constituent power as it appears in the writings of Emmanuel Joseph Sièyes and Karl Marx. Both authors conceived it as made up of the working classes. This, however, makes them both run into the same paradox: how to politically represent a class that (...) is characterised by a non-political activity – work? I argue that neither of them gives a satisfactory response since both rely on an implausible account of objective class interests based on fragile grounds. I conclude by showing that the political representation of workers is a theoretical and practical problem that the concept of constituent power is unable to resolve. (shrink)

Human activity has reshaped all parts of the Earth system. For this reason, a vast majority of geologists at the 35th International Geological Congress in Cape Town (September 2016) spoke out in favor of changing the classification of geological epochs and of declaring a new world age – the Anthropocene. This chapter points at implications that the proclamation of the Anthropocene should have for the currently relevant concept of democracy. In particular, it is argued that the transition into a new (...) phase of geology also necessitates a further advancement of our form of government. Democracy, as it has been conceived of and practiced until now, has to a large extent ignored the problem of ‘presentism’. This chapter suggests an extension of the 300-years-old separation of powers between the legislative, executive and judicial branch. It is argued that in order to make our political system more future-oriented, there is a need for a new (fourth) branch which ensures that the interests of future generations be taken into account within today's decision-making process. A newly-established ‘future council’ should have the right to introduce legislation, integrating the competences of this new institution with those of parliament. The chapter concludes with a discussion about the legitimacy of offices for future generations (OFGs) as the embodiment of the proposed future branch. (shrink)

Some retributivists claim that when we punish wrongdoers we achieve a good: justice. The paper argues that the idea of justice, though rhetorically freighted with positive value, contains only a small core of universally-agreed meaning; and its development in a variety of competing conceptions simply recapitulates, without resolving, debates within the theory of punishment. If, to break this deadlock, we stipulate an expressly retributivist conception of justice, then we should concede that punishment which is just (in the stipulated sense) may (...) be morally wrong. (shrink)

This article intervenes in the discourse that calls for the establishment of a secular state in Malaysia. Proponents argue that a secular state, with its principle of state neutrality in religious matters, would be most suited to oversee society’s democratic exchanges. The article traces the proposal’s affinities to theoretical debates on issues concerning pluralism, and argues that a secular regime may not be as neutral as proponents would make it to be, even if it transpires in a deontological form. The (...) mistake with such work of reform lies in its preoccupation with kick-starting its efforts by making strong philosophical claims, which may well stifle, rather than further the interests of the plural society. The article argues that a more modest work of reform is possible, by way of exploring what existing infrastructures can do to help foster productive democratic exchanges, without having to foreclose the terms of engagements. The article concludes with a call for the cultivation of a novel set of civic virtues that would create positive democratic ethos. (shrink)

Although widely used across psychology, economics, and philosophy, the concept ofeffort is rarely ever defined. This article argues that the time is ripe to look for anexplicit general definition of effort, makes some proposals about how to arrive at thisdefinition, and suggests that a force-based approach is the most promising. Section 1presents an interdisciplinary overview of some chief research axes on effort, and arguesthat few, if any, general definitions have been proposed so far. Section 2 argues thatsuch a definition is (...) now needed and proposes a basic methodology to arrive at it, whosefirst step is to make explicit the various tacit assumptions about effort made acrosssciences and ordinary thinking. Section 3 unearths 4 different conceptions of effortfrom research on effort so far:primitive-feelings accounts,comparator-based accounts,resource-based accountsandforce-based accounts. It is then argued that the first 2kinds of accounts, although interesting in their own right, are not strictly speaking abouteffort. Section 4 considers the 2 most promising general approaches to efforts: re-source-based and force-based accounts. It argues that these accounts are not only compatible but actually extensionally equivalent. This notwithstanding, it explains why force-based accounts should be regarded as more fundamental than resource-basedaccounts -/- . (shrink)

This paper argues that the practical implementation of blockchain technology can be considered an institution of property similar to legal institutions. Invoking Penner's theory of property and Hegel's system of property rights, and using the example of bitcoin, it is possible to demonstrate that blockchain effectively implements all necessary and sufficient criteria for property without reliance on legal means. Blockchains eliminate the need for a third-party authority to enforce exclusion rights, and provide a system of universal access to knowledge and (...) discoverability about the property rights of all participants and how the system functions. The implications of these findings are that traditional property relations in society could be replaced by or supplemented with blockchain models, and implemented in new domains. (shrink)

This thesis focuses on the evolution of human social norm psychology. More precisely, I want to show how the emergence of our distinctive capacity to follow social norms and make social normative judgments is connected to the lineage explanation of our capacity to form shared intentions, and how such capacity is related to a diverse cluster of prototypical moral judgments. I argue that in explaining the evolution of this form of normative cognition we also require an understanding of the developmental (...) trajectory of this capacity. For this purpose, the thesis is organized as follow. In the first chapter, I make some methodological remarks and provide the general overview and plan for the dissertation. In the second chapter, I explain what my explanatory target is and why it matters. On the view I am defending, shared intentional psychology gives rise to a special form of psychology that enables us to engage in social normative thinking. These norms are represented as shared intentional states. Moral psychology, in contrast, is more diverse. For moral judgments define a quite heterogeneous class of mental states—although some moral judgments may involve the representation and execution of norms, certainly not all of them do. I show that although much of our distinctive social norm psychology can be explained within the framework of shared intentionality, moral judgments cannot be unified in the same way. In the third chapter, I provide the baseline of social-cognitive capacities that serve as starting point for my lineage explanation. I argue that hominin social cognition was for a very long period of our evolutionary history essentially a matter of low-level cognitive and motivational processes. On this picture, bottom-up affective processes regulated the social lives of early hominins without requiring any special top-down mechanism of normative thinking such as a capacity for understanding and representing social norms. In the fourth chapter, I argue that human-like social norm psychology evolved as a result of the selective pressures that gave rise to shared intentionality, especially the demands that came from collective hunting. Yet collective hunting was not the whole story of the evolution of shared intentionality, for our capacity to form shared intentional mental states emerged from the interplay between the selective pressures that led to cooperative breeding in humans as well as organized, goal-oriented, collective hunting. Thus, I propose an evo-devo account of shared intentionality and its normative dimension since I argue that explaining the evolution of this particular form of normative thinking crucially depends on information about the developmental trajectory of this capacity. Finally, in the fifth chapter, I focus on how social norms are acquired and how the way we learn them gives rise to some prototypical cluster of moral judgments. Thus, this chapter returns to some of themes and arguments of the first chapter by explaining how the distinction between moral judgments and nonmoral judgments can be culturally transmitted. (shrink)

Recent rapid advances in Artificial Intelligence (AI) and Machine Learning have raised many questions about the regulatory and governance mechanisms for autonomous machines. Many commentators, scholars, and policy-makers now call for ensuring that algorithms governing our lives are transparent, fair, and accountable. Here, I propose a conceptual framework for the regulation of AI and algorithmic systems. I argue that we need tools to program, debug and maintain an algorithmic social contract, a pact between various human stakeholders, mediated by machines. To (...) achieve this, we can adapt the concept of human-in-the-loop (HITL) from the fields of modeling and simulation, and interactive machine learning. In particular, I propose an agenda I call society-in-the-loop (SITL), which combines the HITL control paradigm with mechanisms for negotiating the values of various stakeholders affected by AI systems, and monitoring compliance with the agreement. In short, ‘SITL = HITL + Social Contract.’. (shrink)

In this paper we articulate and diagnose a previously unrecognized problem for theories of entitlement, what we call the Claims Conundrum. It applies to all entitlements that are originally generated by some claim-generating action, such as laboring, promising, or contract-signing. The Conundrum is spurred by the very plausible thought that a later claim to the object to which one is entitled is a function of whether that original claim-generating action is attributable to one. This is further assumed to depend on (...) one’s being identical to the person who performed the claim-generating action. But the right theory of personal identity for grounding these later claims proves quite elusive. In demonstrating both the Claims Conundrum and diagnosing its source, we begin with its instantiation in John Locke’s theories of personal identity and initial acquisition, and then we gradually expand its net to include both Lockean and non-Lockean theories of both, moving ultimately to show that this is a problem for most entitlements generally. We then diagnose the source of the trouble, showing that a basic assumption about the link between attributability and identity that most people take to be obvious is in fact false, clearing a path for future investigation into this overlooked but serious problem’s resolution. (shrink)

There is a common view, dating back at least to Hume, that property rights presuppose scarcity. This paper is a critical examination of that thesis. In addition to questioning the thesis, the paper highlights the need to divorce the debate over this thesis from the debate over Intellectual Property (IP) rights (the area where it is most frequently applied). I begin by laying out the thesis’ major line of defense. In brief, the argument is that (1) property rights are legitimate (...) only when necessary, (2) necessary only to avoid injury resulting from one party’s use or possession of a good over others’, and (3) that such injury is possible only where there is scarcity. While I accept (1) (at least for the sake of argument), I argue that each of three prominent theories of the justification of property rights cast doubt on (2) and (3). As it turns out, at the theoretical level, there are a number of different ways of dealing with this conflict. However, I argue, no matter which theoretical path one takes, it turns out that the practical implications of the relationship between property rights and scarcity have been woefully misconstrued. Finally, I recount an independent argument for the thesis under consideration and argue that, whether or not it is successful against IP, it does not extend as an argument against ownership of non-scarce goods in general. This serves to further highlight the need to distinguish arguments for the thesis under consideration from arguments against IP. (shrink)

Theological literacy is an important asset in the development of a comprehensive agricultural ethic and philosophy. Four areas are delimited in which theological reflection is relevant for agricultural study.

It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization?1 Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. One such (...) assumption is that attachment is an achievement of some sort, as opposed to some kind of brute ascriptive status that a claimant has irrespective of anything it might do.But achievements do not come for free. 'Achievement' is a success .. (shrink)