What proper role should considerations of risk, particularly to research subjects, play when it comes to conducting research on human enhancement in the military context? We introduce the currently visible military enhancement techniques (1) and the standard discussion of risk for these (2), in particular what we refer to as the ‘Assumption’, which states that the demands for risk-avoidance are higher for enhancement than for therapy. We challenge the Assumption through the introduction of three categories of enhancements (3): therapeutic, preventive, (...) and pure enhancements. This demands a revision of the Assumption (4), alongside which we propose some further general principles bearing on how to balance risks and benefits in the context of military enhancement research. We identify a particular type of therapeutic enhancements as providing a more responsible path to human trials of the relevant interventions than pure enhancement applications. Finally, we discuss some possible objections to our line of thought (5). While acknowledging their potential insights, we ultimately find them to be unpersuasive, at least provided that our proposal is understood as fully non-coercive towards the candidates for such therapeutic enhancement trials. (shrink)

Este artigo analisa a questão da enunciação literária em alguns dos escritos teóricos de Rousseau, em particular a Carta a D’Alembert, Do contrato social e o Ensaio sobre a origem das línguas, além do prefácio da Nova Heloísa. Neles, atenta-se ao modo como a literatura está intimamente relacionada à problemática da voz e do ordenamento das enunciações e dos corpos no pensamento político do autor, configurando assim uma política / polícia da literatura, conforme a distinção feita por Jacques Rancière.

In this essay, I analyze Kant’s views on the permissibility of revolutions as a means of political change. I hold that in the same way the developments of the French Revolution were somehow contained in the ambiguity of the 1791 Constitution, Kant’s hesitations concerning the continuity of a juridical order reflect his own inability to clearly specify who the sovereign is. This difficulty might be due to the fact that Kant did not develop a sound theory of constituent power.

This article suggests that criminality in leaders might best be understood by ethicists as a matter of degree. Leaders may take without legitimate claim a variety of tangible or intangible goods including ideas and personal health. The extent to which any such act should be disfavoured is subject to debate. Moreover, both theft and control may be understood as continuous phenomena. Kleptocratic regimes within workplace or family may foster in people a habit of accepting similar treatment from economic and political (...) leaders at all levels. Forms of governance may be arranged on a continuum from those that serve to those that exploit their subjects. Responses to kleptocratic regimes range from acceptance through unconscious and conscious resistance to violent revolt. (shrink)

Anarchist theory assumes that non-hierarchically organised societies both possible and desirable. To show the former requires empirical evidence and a discussion of the theoretical preconditions of cooperation. To show the latter, it is necessary to show that the faults found with the state can be remedied within non-hierarchically ordered societies. One obvious condition for a successful anarchist theory is that the solutions to these separate tasks are mutually consistent. It is the aim of this thesis to show that the theories (...) of Robert Paul Wolff and Robert Nozick are found wanting in this respect. Both their theories of agency rule out the possibility of non-coercive and stable cooperation, which is a necessary precondition for an anarchist society. I conclude with a brief discussion of Michael Taylor's communitarian proposal and defend it against the liberal. (shrink)

In times of current crisis, the voices of women are needed more than ever. The accumulation of war and environmental catastrophes teaches us that exploitation of people and nature through violent appropriation and enrichment for the sake of short-term self-interest exacts its price. This book presents contributions on the currently most relevant and most urgent issues: reshaping the economy, environmental problems, technology and the re-reading of history from the non-western and western tradition. With an outlook into the problems of class, (...) race and gender in its intersectional framing, the collection offers a unique overview of current research in these fields and contributes to the renewal and contemporary presentation of feminist thought from partly concrete perspectives with regard to factual issues. (shrink)

This book sheds light on various ethical challenges military and humanitarian health care personnel face while working in adverse conditions. Contexts of armed conflict, hybrid wars or other forms of violence short of war, as well as natural disasters, all have in common that ordinary circumstances can no longer be taken for granted. Hence, the provision of health care has to adapt, for example, to a different level of risk, to scarce resources, or uncommon approaches due to external incentives or (...) requirements. This affects the practice of health care as well as its ethics. This book offers a panoramic overview on various challenges healthcare faces in extraordinary situations and provides new insights from practitioners’ as well as from academic scholars’ perspectives. (shrink)

Starting from Rousseau’s paradoxical assertion in Emile – “I hate books”– this chapter explores Rousseau’s critical theory of books. The first part of the chapter analyses Rousseau’s sociological and pedagogical approach to the acts of publishing and reading books. The social use of books is considered in relation to Rousseau’s critique of the arts and sciences, while the pedagogical approach focuses on the books that Emile is supposed to read. The second part of the chapter examines Rousseau’s practice of philosophical (...) argumentation in relation to his theory of speech and writing. Special attention is given: a) to the development of a “style of argumentation” that combines the expression of subjective sentiment and the discussion of arguments, and b) the importance of the relationship between Rousseau’s text and its readers or addressees with respect to his conception of philosophical truth. (shrink)

‘Universalist’ moral principles have fallen into disfavour because too often they have been pretexts for unilateral impositions upon others, whether domestically or internationally. Too widely neglected has been Kant’s specifically Critical re-analysis of the scope and character of rational justification in all non-formal domains, including the entirety of epistemology and moral philosophy, including both justice and ethics. Rational judgment is inherently normative because it is in part constituted by our self-assessment of whether the considerations we now integrate into a candidate (...) judgment have been integrated as they ought, so as to form a cogent, justifiable judgment. Constitutive of this self-assessment is that rational judgments must be based upon considerations which can be communicated to all others, such that they too can assess them as sufficiently cogent justification; also constitutive of this rational self-assessment is that we actually engage with others who do assess our judgments. Kant’s Critical principles rule out in principle any unilateral imposition upon others, whether in cognition or morals. Using Kant’s Critical principles and methods in connection with ‘practical anthropology’ and the enormously important domain of acquired rights and obligations shows how Kant had already justified fundamentally universal principles of justice which can be institutionalised in variously distinctive cultures, and which form the proper bases for our acquired, specifically social rights and obligations, including those of friendship and community. (shrink)

The article focuses on examining the distinct nature of persecution. In the article I argue that on the grounds of common historical cases of persecution an account of the core components of the concept may be established. The core comprises three central elements: asymmetrical and systemic threat, severe and sustained harm, and unjust discriminatory targeting. I will conclude the paper by suggesting that none of the components alone make persecution anything distinct. However, the simultaneous occurrence of the components may be (...) argued to amount to a separable class of harms that are among the worst-case scenarios for those having to endure them. (shrink)

The financial crash of 2008 following the selling of fictitious derivatives was a crisis of both rationality and values whose aftermath has thrown the legitimation of deregulated markets, and governments, into question. This paper critiques the Becker metaphor of human capital and submits that human value is central to and the fulcrum of both economic and social values. It illustrates that Hume and Adam Smith directly countered the Hobbesian hypothesis that human nature is based only on self-interest, distinguishes market values (...) from social values, explicit from implicit values and parallels Sen in adopting an ordinal ranking of what people value rather than a search for cardinality. It draws on cognitive psychology, neural research, revealed preference theory and a principle of implicit verification. It also outlines implications for what Adam Smith centrally valued as concern for the welfare of the whole of society. (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)

.The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.

For Jean-Jacques Rousseau, freedom functions as a foundational value for his entire political philosophy. Parallel to this emphasis is his deep and abiding condemnation of “slavery”, at least the slavery that he claims marked the social existence of his European contemporaries living under unrepresentative monarchical systems. However, the striking aspect of Rousseau's work is his virtually complete silence concerning the institution of chattel slavery of his day. Despite his ubiquitous condemnation of the “slavery” of his “civilized” contemporaries, Rousseau wrote next (...) to nothing about the actual enslavement of millions of people who pervaded the social landscape of the European–African–American triangle in the 18th century. In this paper, I trace out the various passages in Rousseau that could be seen as touching on the subject of contemporary slavery practices and show how very scant they were. I also discuss his views on the relation between climate, character, and persons' fitness for democratic forms of government (and hence freedom). I combine these points to draw particular lessons about the dangers of neglect and exclusion inherent in Rousseau's views of democratic freedom, suggesting how similar dangers lurk for contemporary visions of democracy inspired by his views. (shrink)

The idea of self-reliance is important not only because it is often taken to be definitive of the ethics of democratic individualism, but because its greatest theorists have been uncommonly forthright about a problem that, though familiar to ordinary civic experience, frequently gets ignored: that self-reliant individuality is a basis for not fully supporting otherwise endorsed social justice causes. This article turns to Ralph Waldo Emerson, Henry David Thoreau and Bob Dylan who are unusual for so honestly reflecting upon this (...) problem and who, because of the differences in the way they conceptualize it, are instructive for civic ethics. I demonstrate that Emerson and Thoreau imbue their self-reliant withdrawal from social action with a self-satisfaction that is lacking for Dylan, who is much readier to acknowledge the moral costs of self-reliance. This acknowledgement does not invalidate self-reliance but alters its epistemological, ethical and political features, providing a variant of self-reliance more suitable to contemporary conditions. (shrink)

This article investigates the link between corporate social responsibility (CSR) practices and the reasons for which legitimacy is ascribed or denied. It fills a gap in the literature on CSR and legitimacy that lacks empirical studies regarding the question whether CSR contributes to organisational legitimacy. The problem is discussed by referring to the case of De Beers’s diamond mining partnership with the Government of Namibia. A total of 42 interviews were conducted—41 with stakeholders and one with the focal organisation Namdeb. (...) The 41 stakeholder interviews are analysed with regard to cognitive, pragmatic and moral legitimacy as defined by Suchman (Acad Manage Rev 20(3):571–610, 1995 ). The main finding is that the majority of statements on organisational legitimacy refer to moral legitimacy and most issues raised in this context challenge the company’s legitimacy despite its comprehensive CSR engagement. The study demonstrates that legitimacy gaps can be a result of communication practices that raise unrealistic stakeholder expectations and that the legitimacy gained by CSR engagement in one area cannot substitute legitimacy losses caused by failures in another. (shrink)

This article explores the republican critiques of commercial society of Jean‐Jacques Rousseau and Adam Ferguson, focusing on their kindred analyses of social alienation. The joint study of these thinkers reveals a Rousseauean strand of eighteenth‐century republicanism that effectively combined a traditional (yet idiosyncratic) Stoic view of human flourishing with an innovative, proto‐sociological analysis and critique of quintessentially modern social phenomena. Rousseau and Ferguson regard alienation as a loss of wholeness, both in humans individually and in their relations to their (social) (...) surroundings. The article addresses two specific aspects of alienation in commercial society as the two thinkers see it. The first aspect concerns the insincerity underpinning the new moral vocabulary of polite sociability; the second aspect concerns the division of labor. According to Rousseau and Ferguson, this division threatens true human flourishing as well as political liberty. Finally, the conservative dimension of their republican solutions for overcoming alienation and bolstering liberty is considered. (shrink)

This paper elaborates on two classical theories of “Open Society,” i.e. Henri Bergson’s and Karl Popper’s. It outlines their differences, qualities, and limits. It provides some suggestions about t...

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes that have (...) affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)

Apoiando-se na fenomenologia filosófica e numa ciência factual , o artigo começa formulando dois problemas relativos à tolerância: 1) poder suportar os diferentes sentidos de realidade ou, respectivamente, os diferentes modos de dizer o real, e 2) poder estabelecer relacionamentos objetificantes e não-objetificantes com o mundo. Depois de mostrar que esses problemas foram sistematicamente negligenciados não somente pela literatura teológica, mas também pela filosófica , o artigo prossegue salientando que a linguagem apropriada para descrever a realidade objetificável pode ser invasiva (...) e mesmo aniquiladora - e, neste sentido, intolerante - se usada para falar da realidade não-objetificável, e que atitudes objetificantes podem destruir os modos não-objetificáveis de relacionamento com o mundo e outros seres humanos, sendo, portanto, ameaçadoras da própria essência do humano.Based on philosophical phenomenology and a positive science , this paper starts by formulating two problems of tolerance: the one being that of coming to terms with different senses of the real and different modes of talking about it, and the other that of reconciling our objectifying with our non-objectifying relationships to the world. After showing at some length that both problems have been generally neglected not only in the theological but also in the philosophical literature, the post-modern as well as the enlightened one, it will be shown that a language appropriate for describing the objectifiable reality can be intrusive and even destructive - and thus intolerant -, if used to talk about the non-objectifiable reality, and that objectifying attitudes can destroy the non-objetifying ways of relating to the world and to other persons, being, in this respect, a threat to the very essence of our humanity. (shrink)

The volume includes twenty-five research papers presented as gifts to John L. Bell to celebrate his 60th birthday by colleagues, former students, friends and admirers. Like Bell’s own work, the contributions cross boundaries into several inter-related fields. The contributions are new work by highly respected figures, several of whom are among the key figures in their fields. Some examples: in foundations of maths and logic ; analytical philosophy, philosophy of science, philosophy of mathematics and decision theory and foundations of economics. (...) Most articles are contributions to current philosophical debates, but contributions also include some new mathematical results, important historical surveys, and a translation by Wilfrid Hodges of a key work of arabic logic. (shrink)

Em recente artigo, o ministro do STF Luís Roberto Barroso defendeu o exercício de um papel representativo pelo Poder Judiciário, como forma de dar voz a uma vontade da maioria não captada pelas regras de direito positivo devido às distorções dos mecanismos institucionais fundados no voto. O presente trabalho tem como objetivo investigar se essa reivindicação é compatível com a noção de Estado Democrático de Direito levando em consideração tanto a possibilidade de se aferir a vontade empírica da maioria à (...) parte dos mecanismos institucionais fundados no voto quanto a função do Judiciário nesse tipo de sociedade. Por fim, sugere a possibilidade de reconhecer um papel representativo ao Judiciário fundado naquilo que se pode argumentar ser o interesse dos cidadãos de um Estado Democrático de Direito enquanto tais. (shrink)

: Science Studies, as developed initially in France attempt to overcome the distinctions between science and society, and correspondingly between the philosophy of science and political and social theory. Science Studies considers the theories and beliefs of scientists political rather than direct reflections of an objective natural world. I consider here Science Studies as a political theory that emerged and has developed in reaction to a particular social and political context, a crisis of technocratic politics in France. Some of the (...) leading contemporary French exponents Science Studies, a group around the journal. (shrink)

European culture is distinguished by a special and indeed unique appreciation of freedom. Understanding why we care so much about freedom requires continual reflection on the heart of the matter. This is especially necessary because the concept of freedom has been constantly reworked and remodelled throughout its long history. This article lists five key characteristics and highlights two in particular: the openness of being free, which means that freedom does not itself determine what it is used for; and the fact (...) that freedom is by its nature an extrinsic, not an intrinsic, end. In addition, the article comments on various highly influential aberrations in the explication of the idea of freedom that began early, in the 4th century, with Plato. (shrink)

IntroductionAll states routinely inflict punishment, often quite harsh punishment, for criminal offences committed by persons who are subject to their laws; but it is remarkably difficult to provide a satisfactory normative justification for this practice.This paper is a review essay of Tadros . References to the book will be by way of parentheses in the text. Non-consequentialist accounts, such as retributivism, can readily explain why some kinds of wrongs are punishable, but find it difficult to accommodate the intuition that deterrence (...) can justify punishment. Consequentialist theories can easily explain why harmful conduct is punishable, but struggle to account for the intuition that only the factually guilty should be punished or for the criminal jurist’s obsession with questions of fault and responsibility. Theories that combine elements of retributivism and consequentialism are therefore quite attractive. In The Ends of Harm, Victor Tadros offers such a hybrid account. Acco .. (shrink)

O artigo visa discutir formas de pensar o conceito de liberdade para além de sua submissão às figuras da autonomia. O objetivo é avaliar a necessidade e pertinência de pensarmos, em nosso contexto sócio-histórico, a liberdade como heteronomia sem servidão. Conceito este que nasce da crítica à elevação do paradigma do auto-pertencimento a condição de via única para a definição da liberdade.

Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that (...) government should serve justice and the common good; second, that government should do so through known and stable laws; third, that these will best be secured through the checks and balances of a well-designed constitution. Machiavelli took the theories and experiences of republican Rome and applied them to his own era. This application of reason to constitutional design transformed the politics of emergent modernity and reconfigured government throughout the world. (shrink)

O texto salienta a importância das regras da arte de governar no pensamento político de Rousseau, em especial as regras que mantêm a máquina administrativa funcionando.

RESUMO Não há Estado sem os indivíduos. Para Rousseau a construção do Estado requer a participação direta dos cidadãos. A participação ativa dos cidadãos resultará na expressão da vontade geral. É a vontade geral que, via pacto social, dará vida e união ao Estado. O Estado é um projeto de corpo político. A participação ativa dos cidadãos com vistas a impedir a corrupção e a dissolução da sociedade remete à concepção da soberania popular. Nessa modalidade de soberania, os cidadãos seriam (...) capazes de construir e manter os fundamentos da sociedade civil. Rousseau, como um contratualista, pensa a sua época e as soluções políticas para os problemas reais de seu tempo. Portanto, é desse cenário entre a teoria e a prática que Rousseau partirá para configurar a distinção e a relação desse importante tripé: soberano, Legislador e príncipe. ABSTRACT There is no State without subjects. For Rousseau, statebuilding requires the direct participation of citizens. The active participation of citizens will result in the expression of the general will. It is the general will that via social pact, will give life and unity to the state. The state is a political body design. The active participation of citizens in order to prevent corruption and dissolution of the society refers to the conception of popular sovereignty. In this mode of sovereignty, citizens would be able to build and maintain the foundations of civil society. Rousseau, as a contractualist, thinks his time and political solutions for the real issues of his time. So it is this scenario between theory and practice, which Rousseau will start to set up the distinction and the relationship of this important tripod: Sovereign, Legislator and Prince. (shrink)

Curiosity and imagination have been neglected in epistemology. This paper argues that the role of curiosity and imagination is central to the way we think, regardless of whether it is thinking about problems of ethics or problems of science. In our ever more materialistic society, curiosity and reason are either discouraged or narrowly channeled. I shall argue that the role of curiosity and imagination for both science and ethics is so important that nurturing them can be seen as an ethical (...) obligation and suppressing them as ethically problematic. (shrink)

Several authors have recently stressed the constitutive and ubiquitous nature of representation, which, as a result, can no longer be conceived as a relation between pre-existing entities. This has important consequences for democratic representation, traditionally thought in terms of authorization, accountability or representativity. This article argues that Jacques Rancière’s political philosophy makes a fruitful contribution to the necessary rethinking of democratic representation. Although Rancière never systematically developed a theory of representation, this concept is shown to constitute a red thread throughout (...) his political writings. His main contribution consists in shifting the focus from the relation between representative and represented to the relation between the distribution of the sensible as a space of representability and its disruption or contestation. This makes it possible to recast a critique of representative government, and to reconceive of democratic representation, which is about making the contingent equality underlying each order visible. (shrink)

Le newtonisme moral, à la mode au milieu du XVIIIe siècle, n’est pas seulement une métaphore: en vertu du principe de l’unité de la nature, il postule dans la société une loi semblable à la loi des distances en physique, voire une possibilité de mesure. La même règle d’analogie (A/B = CID) sous-tend le Contrat social de Jean-Jacques Rousseau : en prolongement des métaphores classiques de l’horloge, la définition du gouvernement reproduit l’agencement d’une montre, jusque dans les calculs de proportion (...) qui servent aux horlogers à former le rouage. De même, dans la Théorie des sentiments moraux, Adam Smith se sert de la vieille métaphore de I’ oeil de lesprit et des notions plus modernes de la perspective optique pour agencer en système lensemble des interactions possibles entre deux personnes – hormis l’intérêt – en faisant varier la distance imaginaire entre les protagonistes selon les passions exprimées et leur intensité. Il est important de restituer ces transferts et ces controverses pour comprendre les enjeux fondamentaux de la sociologie au XIXe siècle. (shrink)

In Western societies advance directives are widely recognised as important means to extend patient self-determination under circumstances of incapacity. Following other countries, England and France have adopted legislation aiming to clarify the legal status of advance directives. In this paper, I will explore similarities and differences in both sets of legislation, the arguments employed in the respective debates and the socio-political structures on which these differences are based. The comparison highlights how different legislations express different concepts emphasising different values accorded (...) to the duty to respect autonomy and to protect life, and how these differences are informed by different socio-political contexts. Furthermore each country associates different ethical concerns with ADs which raise doubts about whether these directives are a theoretical idea which is hardly applicable in practice. (shrink)

How should scarce health-related resources be allocated? This paper argues that values that apply to these decisions fail to always fully determine what we should do. Health maximization and allocation-according-to-need are suggested as two values that should be part of a general theory of how to allocate health-related resources. The “small improvement argument” is used to argue that it is implausible that one alternative is always better, worse, or equal to another alternative with respect to these values. Approaches that rely (...) on these values are thus incomplete. To deal with this, it is suggested that we ought to use incomplete theories in a two-step process. Such a process first discards ineligible alternatives, and, second, uses reasons grounded in collective commitments to identify a unique, best alternative in the remaining set. (shrink)

The idea of self-reliance is important not only because it is often taken to be definitive of the ethics of democratic individualism, but because its greatest theorists have been uncommonly forthright about a problem that, though familiar to ordinary civic experience, frequently gets ignored: that self-reliant individuality is a basis for not fully supporting otherwise endorsed social justice causes. This article turns to Ralph Waldo Emerson, Henry David Thoreau and Bob Dylan who are unusual for so honestly reflecting upon this (...) problem and who, because of the differences in the way they conceptualize it, are instructive for civic ethics. I demonstrate that Emerson and Thoreau imbue their self-reliant withdrawal from social action with a self-satisfaction that is lacking for Dylan, who is much readier to acknowledge the moral costs of self-reliance. This acknowledgement does not invalidate self-reliance but alters its epistemological, ethical and political features, providing a variant of self-reliance more suitable to contemporary conditions. (shrink)

The Financial Crisis in Europe puts pressure on welfare states and its tax systems as well as on considerations of social justice. In this paper, we would like to explore the status of the idea of progressive taxation and its justification (especially the ‘ability-to-pay’ principle) in times of a financial crisis. We will discuss it within a social justice framework following David Miller—using the principles of (i) need, (ii) merit, and (iii) equality. We will conclude that progressive taxation can be (...) justified in the light of these three principles, even more so in the situation of a financial crisis that undermines decent living conditions for millions. The principle of need has to be given priority even if this move violates the principles of equality and desert. (shrink)

Em seu artigo de 1995, comemorativo dos 200 anos da obra Rumo à paz perpétua de Kant, Habermas fez uma série de críticas tanto normativas como históricas acerca do cosmopolitismo kantiano. A primeira delas assinala o caráter negativo do conceito de paz: porque, como pensador do século XVIII, Kant desconhecia o sentido da guerra total e; não considerava as mudanças necessárias nas condições econômicas, sociais e culturais necessárias para fomentar a paz. Contudo, o projeto kantiano de paz apresenta um sentido (...) positivo na medida em que a paz depende de reformas políticas que propiciem o desenvolvimento da constituição republicana, ao mesmo tempo em que uma tensão irremediável entre guerra e paz possibilita uma aproximação constante à paz perpétua e exige um espírito de liberdade negativa tanto religiosa como econômica. (shrink)

John Stuart Mill’s famous “harm principle” has been popular in the limitation of freedoms within human rights jurisprudence. It has been used formally in court cases and also informally in legal argumentation and conversation. Shortly, it is described as a very simple principle that amounts to the notion that persons are at liberty to do what they want as long as their actions do not harm any other person or society in general. This article questions whether it is legitimate to (...) use the harm principle in cases concerning the limitation of religious freedom within education. For example, can the exemption of a learner from sex education be denied based on the argument that such an exemption will cause harm? In order to answer this question, the meaning, origin and use of the harm principle are investigated. This article also discusses four main criticisms against the use of this principle in general and in cases of religious freedom of learners in education. (shrink)