This paper analyses J.S. Mill's theory on the relationships between individual autonomy and State powers. It will be argued that there is a significant discrepancy between Mill's general liberal statements aimed to secure individual largest possible autonomy and the specific examples which provide the government with quite wide latitude for interference in the public and private spheres. The paper outlines the boundaries of government interference in the Millian theory. Subsequently it describes Mill's elastic paternalism designed to prevent people from inflicting (...) harm upon others as well as upon themselves, from soft paternalism on issues like compulsory education to hard paternalism on very private matters such as marriage, having children, and divorce by consent. (shrink)

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...) speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

This paper offers an analysis of the notion “the quest for identity.” The discussion emphasizes the importance of communal belonging, but rejects the view that one ought to belong to the community one was born to. It suggests that the quest for identity may lead individuals to follow many avenues: while some individuals might affirm their “inherent” affiliations and traditions, others may remain within their community of origin and strive to change its ways, or chose to leave their social group (...) and opt for membership in a new one. This analysis suggests that choice, characteristic of the liberal conception of the person, and rootedness, characteristic of the communitarian conception of the person, both play an important role in the formation of personal identity. (shrink)

This essay will address a general philosophical concern about autonomy, namely, that a conception of autonomy focused on freedom of the will alone is inadequate, once we consider the effects of oppressive forms of socialization on individuals’ formation of choices. In response to this problem, I will present a brief overview of Diana Meyers’s account of autonomy as relational and practical. On this view, autonomy consists in a set of socially acquired practical competencies in self-discovery, self-definition, self-knowledge, and self-direction. This (...) account provides a distinction between choices that express unreflectively internalized social norms and those that are the result of a critical ‘self-reading’. I conclude that this practical conception of autonomy makes much higher demands upon nurses (and patients) than has previously been thought. In fact, if nurses are to be expected to genuinely promote autonomy, they are going to need specific training in counselling-type communication skills. (shrink)

This essay examines the Brazilian deforestation debate to explicate the beginnings of a post-modern theory of argumentation. Modernist argumentation reflects two distinct approaches, found in the deforestation controversy. The first approach, ‘universal minimilization,’ presumes that the survival of humanity is sufficient grounds upon which to base argument. The alternative, ‘strategic manipulation,’ results in argument being employed as a technical device to advance one's interest. In place of the modernist approach, we offer an ecocentric theory of argumentation. This conception calls for (...) individuals to set aside differences in values to sustain humanity but at the same time to be sensitive to differences in costs and benefits that accrue from common efforts to persons differently situated. Additionally, this view operates with a tacit working assumption that environmental questions are not discrete entities to be evaluated separately. Rather, people must act collectively on a range of interconnected issues to ensure survival. (shrink)

En A Letter Concerning Toleration John Locke argumenta en favor de la tolerancia religiosa afirmando que el Estado no puede mejorar la vida de las personas forzándolas a vivir de acuerdo con creencias que ellas no suscriben. Más recientemente, Ronald Dworkin y Will Kymlicka han desarrollado argumentos similares. En el caso del primero, contra ciertas políticas paternalistas; en el del segundo, en apoyo de la tesis liberal de la neutralidad estatal. Mi propósito en el presente artículo es analizar la plausibilidad (...) de dichos argumentos concebidos como una defensa de la tesis de la neutralidad estatal. Intentaré demostrar que ambas versiones del argumento fracasan. En la sección II, cuestionaré la capacidad de los argumentos para respaldar las conclusiones que aspiran establecer, sin objetar la plausibilidad de las premisas involucradas. En la sección III, desarrollaré tres objeciones contra la concepción del bienestar crítico que constituye el corazón de ambas versiones del argumento. In A Letter Concerning Toleration, John Locke argues in favor of religious toleration positing that the state cannot make a person's life better by forcing that person to live according to beliefs he refuses. More recently, Ronald Dworkin and Will Kymlicka have developed similar arguments. In the first case, against some paternalistic policies; in the second, in support of the liberal ideal of state neutrality. My aim in the present paper is to analyze the plausibility of these arguments conceived as a defense of liberal neutrality. I will prove that both versions of the argument fail. In section II, I will object the argument's capability to support the conclusions it attempts to establish, without raising doubts about the reliability of its premises. In section III, I will submit three objections against the conception of critical well-being that constitutes the core of both versions of the argument. (shrink)

Abstract Reversing the arguments of Anderson, Gellner, and Hobs?bawm, Liah Greenfeld contends that it is nationalism that produces economic development. Specifically, she claims that nationalism inspired three seminal economic thinkers: Marx, List, and Smith. However, Greenfeld's ideological preferences lead her to a problematic conception of individualism as nationalism, as well as to flawed treatments of Smith, List, and Marx. Nationalism is better understood as an attempt to address the deepening conflict between the imperative of community and the secular trends of (...) the marketplace, which challenge national sovereignty and democracy. (shrink)