This article argues that exclusionary representations of welfare recipients constructed in the speeches of Australian politicians have facilitated the implementation of punitive welfare measures and that these representations have significant implications for recipients’ moral identity and standing. Representations of welfare recipients in political speeches have constructed them as a threat to the economic and moral wellbeing of ordinary Australians. The paper uses critical discourse analysis to analyse the speeches of Howard Government ministers and compares them with recent speeches by Prime (...) Minister Julia Gillard. (shrink)

The ArgumentLike many controversies in science, the one between Freud and Jung is overloaded with ad hominem arguments despite the incompatibility of such arguments with the pretensions of both sides to attain scientific ad rem validity. Unlike natural scientists, Freud and Jung regarded their own ad hominem arguments as relevant to general and impersonal truths. They practically legitimized such a use claiming to have a clinical basis for the rejection of the opponent's objections by a de-validating analysis of the opponent's (...) personality as a whole. The argument of this paper is that the de-validating strategy was neither an inevitable psychological outcome of the intricate interpersonal relationships in analytic situations nor the logical consequence of any clinical or scientific psycho-analytical discovery. It followed from the epistemological invalid pretension to have a general theory of mind which could explain by mental analysis the existence of “unreasonable opinions,” and the application of the same principles to the opinion that the theory itself is unreasonable. Such a pretension, apparently specific to mystical traditions in theology and metaphysics, was deeply rooted in the modern epistemological tradition. The paper examines the impact of the different branches of that tradition on Freud and Jung's respective ideologies, theories, and practice, including the ad hominem malpractice. (shrink)

As the number of intrinsically unknowable technologically produced risks global society faces continues to grow, it is evident that the question of our responsibilities towards future people is of urgent importance. However, the concepts with which this question is generally approached are, it is argued, deficient in comprehending the nature of these risks. In particular, the individualistic language of rights presents severe difficulties. An alternative understanding of responsibility is required, which, it is argued, can be developed from phenomenological and feminist (...) concepts of care. Such concepts privilege an understanding of human beings that is primarily relational rather than individualistic, and show that responsibility is, in the first place, about connection rather than respecting separation. Care, by opening up for us an understanding of the diversity of values that are constitutive of a worthwhile life, also connects us to the future as the future of care. As such, it provides us with ethical resources that can guide us in the face of uncertainty, including general principles of action and the desire for institutions that can articulate them. (shrink)

This essay is a critical exploration of certain key elements in modernity's self-understanding – pluralism, secularism, the morally neutral state, and the the harm conditoin as a principle of law. Careful examination of all these elements reveals deep confusion about how they are to be understood. The picture that emerges is one in which modern society's self-image diverges dramatically from the reality, and critque of this self-image uncovers a pressing need for a reappraiasal of the values that are commonly thought (...) to underlie the contemporary Western world. (shrink)

For nearly half a century, Quentin Skinner has been the world's foremost interpreter of Thomas Hobbes. When the contextualist mode of intellectual history now known as the “Cambridge School” was first asserting itself in the 1960s, the life and writings of John Locke were the primary topic for pioneers such as Peter Laslett and John Dunn. At that time, Hobbes was still the plaything of philosophers and political scientists, virtually all of whom wrote in an ahistorical, textual-analytic manner. Hobbes had (...) not been the subject of serious contextual research for decades, since the foundational writings of Ferdinand Tönnies. For Skinner, he was thus an ideal subject, providing a space for original research on a major figure, and an occasion for some polemically charged methodological manifestos. Both of these purposes animated his 1965 article “History and Ideology in the English Revolution,” and his 1966 article “The Ideological Context of Hobbes's Political Thought”. The latter of these remains to this day one of the most widely cited scholarly articles in the fifty-year run of Cambridge's Historical Journal. Among other results of these early efforts was the scholarly controversy during which Howard Warrender chided Skinner for having reduced the “classic texts in political philosophy” to mere “tracts for the times”. (shrink)

The “welcome return” to “substantive political philosophy” that Rawls'sA Theory of Justicewas said to herald has resulted in forty years of proposals seeking to show that philosophical reflection leads to the demonstrable truth of almost every and any conceivable view of the justice of property rights. Select any view—from the justice of unregulated capitalist markets to the most extreme forms of egalitarianism—and one will find that some philosophers have proclaimed that rational reflection uniquely leads to its justice. This is, I (...) believe, a sort of ideological thinking masquerading as philosophizing. In this paper, using some tools from game theory as well as experimental findings, I seek to sketch a non-ideological approach to the question of the justification of property rights. On this approach the aim of political philosophy is, first and foremost, to reflect on whether our social rules of property are within the “optimal eligible set” of rules acceptable to all. (shrink)

REVOLUTIONARY POLITICS AND LOCKE S TWO TREATISES OF GOVERNMENT by Richard Ashcraft Princeton: Princeton University Press, 1986. 613 pp., $65.00, $15.00 (paper) LOCKE'S TWO TREATISES OF GOVERNMENT by Richard Ashcraft London: Allen & Unwin, 1987. 316 pp., $34.95.

At the heart of any theoretical problem of justice lies the problem of motivation: Even if we could conceive of a way to develop a comprehensive system of just laws, and even if we could rationally believe in the justice of these laws, how could we ever ensure that we—or anyone else—would be motivated to abide by them? By unearthing how the problem of motivation sways canonical discussions of justice, the article brings forth intrinsic similarities and differences in these discussions (...) that are often overlooked in the literature. In particular, the article highlights intrinsic similarities in the analysis of the concept of justice in two central works that belong to the continental and the analytic tradition respectively and are otherwise rarely discussed together: Hegel’s Outlines of the Philosophy of Right and Rawls’s Theory of Justice. (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)

ABSTRACTThe affinities between Jean Bodin's and King James VI/i's political theories have been recognized, and the fact that James had owned Bodin's Six livres de la république has been recorded, but Bodin's specific influence on James has remained nebulous. This article examines the evidence for James's direct engagement with Bodin, by studying James's copy of the Six livres alongside James's political treatises. It provides substantial new archival evidence for Bodin's influence on James's political thought and, thereby, on Scottish and English (...) theories of sovereignty. (shrink)

Imagine a society of fisherfolk, who, in the state of nature, fish on a lake of finite size. Fishing on the lake is characterized by decreasing returns to scale in labor, because the lake's finite size imply that each successive hour of fishing labor is less effective than the previous one, as the remaining fish become less dense in the lake. In the state of nature, the lake is commonly owned: each fishes as much as he pleases, and, we might (...) suppose, calculates his fishing plan by taking the labor of the others as given, as he sees it. Each knows that the distribution of fish will be proportional to labor expended among the fisherfolk: if I fish twice as long as you, I will end up with twice as much fish as you. This is not due to some kind of concern with equity among the fisherfolk; it is a technological fact, implied by the assumption that fishing labor is homogeneous, and all are equally likely to catch a fish in a unit of time. An equilibrium under common ownership can be thought of as a Nash equilibrium of the game where each computes his optimal fishing plan, given the labor of the others and knowing what the consequent distribution of fish would be. (shrink)

Foucault's account of the shift from the sovereign, or juridical, to the disciplinary mode of power produces an understanding of the operations of power cast in terms of individuals' imbeddedness within networks of dependencies specified by `norms' that measure individual performance according to the principles of equivalency (solidarity) and difference (`ab-normality'). Individuals, therefore, must not understand themselves as finally ensnared or trapped by the specific distribution of power within which they find themselves. Under determinate conditions and according to precise strategies, (...) they can always modify power's grip upon themselves. Foucault finds interesting prototypes for this in the ethical practices of ancient Greece that, in his view, satisfied the human desire for rules and form at the same time that they gave scope to the human impatience for liberty. Foucault turns to them in his late work, believing that they may have something to offer in place of modern moral philosophy. (shrink)

I argue that animals have rights in the sense of having valid claims, which might turn out to be actual rights as society advances and new scientific-technological developments facilitate finding alternative ways of satisfying our vital interests without using animals. Animals have a right to life, to liberty in the sense of freedom of movement and communication, to subsistence, to relief from suffering, and to security against attacks on their physical existence. Animals’ interest in living, freedom, subsistence, and security are (...) of vital importance to them, and they do not belong to us; they are not the things we have already possessed by virtue of our own nature. (shrink)

The redefinition of rights of equality and liberty by radical and deliberative democrats during the last decades of the 20th century resulted in the denial that a consideration of property is integral to political philosophy. Theorizing property as intrinsically political demands a return to Marx but on terms he may not have recognized. I outline a politics of property in this paper contending that there can be no universal justification for any regime of property. Property is by definition the institution (...) of a wrong. The articulation of something as property establishes a border, determining what can be owned, how far ownership extends, where it is limited, as well as terms of use and terms of abuse. It establishes a set of property relations, and defines a vocabulary of the proper. Here sovereign state power is enlisted to enforce relations of property beneficial to some, but not all. A challenge to any political regime must of necessity put in to question both the forms of proper behaviour, and the regime of property. These are intrinsically related to each other. I conclude by arguing that democracy is always improper. Property, in all of its forms entails enclosure. Enclosure requires the drawing and the maintenance of boundaries of exclusion and inclusion. The sovereign determination of the proper, as well as of the exception to the proper defines trespass. Trespass is a form of democratic enactment when, and if, it destabilises enclosure. (shrink)

On the standard view we assess a person’s competence by considering her relevant abilities without reference to the actual decision she is about to make. If she is deemed to satisfy certain threshold conditions of competence, it is still an open question whether her decision could ever be overruled on account of its harmful consequences for her (‘hard paternalism’). In practice, however, one normally uses a variable, risk dependent conception of competence, which really means that in considering whether or not (...) to respect a person’s decision-making authority we weigh her decision on several relevant dimensions at the same time: its harmful consequences, its importance in terms of the person’s own relevant values, the infringement of her autonomy involved in overruling it, and her decision-making abilities. I argue that we should openly recognize the multi-dimensional nature of this judgment. This implies rejecting both the threshold conception of competence and the categorical distinction between hard and soft paternalism. (shrink)

Margaret Kohn argues for a reappraisal of early twentieth-century left-republican French political theory, known as ‘solidarism’. Solidarism recognises private property as legitimate, but at the same time argues that the collective nature of economic production gives rise to a claim to social property. It is social property that should underlie the case for social justice and social rights, not the standard liberal claims to individual autonomy. This paper provides an appraisal of Kohn’s recovery of solidarism, taking as its main theme (...) the relation between property and social justice. The paper first offers a typology of four theories of justice (right- and left-libertarianism, luck and relational egalitarianism) and discusses the relation of each of these to the concept of property. Then it argues that solidarism is akin to left-libertarianism in the way it formulates justice as a claim to social property. Finally, it argues that solidarists cannot escape grounding their theory in a non-property based fundamental principle, which makes the theory much less distinctive from egalitarian theories of justice than may appear at first sight. (shrink)

I am called herewith a collaborator-in-chief, mountain climber, and prophet. They all arise from the writers' largesse, not facts on the ground. But I will embrace them momentarily and then turn to...

When a series of corporate scandals erupted soon after the collapse of the 1990s bull market in equities, policy makers and reformers chiefly responded by augmenting and refining the checks and balances surrounding publicly traded corporations. Through measures such as the Sarbanes-Oxley Act of 2002, securities regulations were intensified and corporate governance was tightened. In essence, reformers followed the tradition of modern political philosophy, developed in the 17th and 18th centuries, in its insistence that pro-social outcomes are best produced through (...) institutional mechanisms that harness self-interest. The empirical evidence, however, suggests the institutional approach will do little to prevent future ethical breakdowns. To corroborate this finding, we survey the literature on board composition, auditor consulting practices, shareholder activism, and executive compensation. Consequently, we look to another stream of political philosophy, the ancient tradition comprising Plato and Aristotle, which argues that social groupings, such as corporations, work best when led by individuals of good character. Applying the ancient view to modern commercial realities, the paper concludes that Benjamin Franklin's attempt to connect virtuous character with enlightened self-interest offers a compelling ethic for corporate leaders. (shrink)

This thesis assesses philosophical arguments in favour of patent systems. These come in both consequentialist and deontological forms, the latter of which are the focus of this analysis. One kind of deontological argument is based on the concept of desert. I argue that on any plausible conception of desert, the patent system fails to distribute rewards as well as viable alternative systems could. The other kind of deontological argument claims that inventors are entitled to patent rights over their inventions as (...) an extension of their natural rights, drawing on a Lockean account of the conditions of legitimate appropriation of unowned goods. After a discussion of the metaphysics of invention, and of the nature of the commons, I argue that Locke's conditions are not in fact always trivially satisfied in the case of patents. Furthermore, entitlement-based arguments conclude that because new inventions are unowned, claiming property rights in them involves only the same moral considerations that would apply in the state of nature. I argue that because we are not in the state of nature, pre-existing property rights also need to be taken into account, which conflict with patents. The broad conclusion of this thesis is that none of the plausible deontological arguments for patent systems are sound. The implication is that any justification of must therefore be made in consequentialist terms; this ultimately rests on strong empirical evidence rather than normative arguments alone. (shrink)

The Kantian moral foundations of Nozickian libertarianism suggest that the claim that self‐ownership grounds only negative rights to property should be rejected. The moral foundations of Nozick's libertarianism better support basing property rights on moral desert. It is neither incoherent nor implausible to say that need can be a basis for desert. By implication, the libertarian contention that persons ought to be respected as persons living self‐shaping lives is inconsistent with the libertarian refusal to accept that claims of need can (...) sometimes outweigh claims to property. (shrink)

From the seventeenth to the mid?nineteenth centuries, the language of natural law and natural rights structured the commitment of liberalism to the development of both a market society and democratic political institutions. The existence of widespread poverty was seen, at various times, as a problem to be resolved either by an expanding commercial/capitalistic society or through democratic political reform. As Thomas Home shows in Property Rights and Poverty, liberalism as apolitical theory has, from its origins, been deeply committed to (at (...) least a minimalist) social welfare policy. Nevertheless, not only have the dimensions of the problem of poverty increased with the growth of democratic capitalist society, but also, viewed from an historical perspective, it is the problem of poverty that exposes the fundamental tensions at the heart of liberal political theory. (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)

During the post-Second World War period, Adam Smith’s moral theory was down-played and he acquired the undeserved reputation of an amoral, radical individualist. The trend in recent scholarship has been to rehabilitate him as a moral theorist and this article continues that trend. After a sketch of Smith’s moral theory, the article addresses his little-studied views on moral education. This education is important in the creation of human excellence and social stability. Smith offers a series of recommendations about the moral (...) education of the young. For him, liberal society needs moral education: some of it is to be provided privately and some is to be provided by the public. (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)