One of the main purposes of feminist jurisprudence is to create or find better ways of being and living for women through the analysis, critique, and use of law. Rich work has emerged, and continues to emerge, from feminist theorists exploring conceptions of the self, personhood, identity and subjectivity that could be used to form a basic unit in law and politics. In this article, it is argued that a strong sense of human subjectivity needs to be retained to enable (...) the human potentiality of women and men to flourish. This can be done in a way which is not essentialist, yet does not dissolve the subject out of existence, issues pertinent to feminist jurisprudence in recent years. (shrink)

This paper examines Spinoza's remarks on women in the Political Treatise in the context of his views in the Ethics about human community and similitude. Although these remarks appear to exclude women from democratic participation on the basis of essential incapacities, I aim to show that Spinoza intended these remarks not as true statements, but as prompts for critical consideration of the place of women in the progressive democratic polity. In common with other scholars, I argue that women, in Spinoza's (...) system, are deprived of freedom and political participation not by their essential natures, but by their social and historical circumstances. I differ from other scholars, however, in basing this conclusion on the different critical functions of the Political Treatise and the Ethics. Following that critical comparison, I consider Spinoza's views on the `natural right' of women and their equal capacity for political participation in terms of his arguments for the compositional similarity of men and women. Finally, I argue that Spinoza offers an explanation for women's actual disempowerment through his account of economic dependence within marriage. (shrink)

Linguists have often remarked upon the polysemous nature of love, whereby the term encompasses a wide diversity of emotional relationships. Several typologies have been constructed to account for this diversity. However, these tend to be restricted in scope, and fail to fully represent the range of experiences signified by the term ‘love’ in discourse. In the interest of generating an expanded typology of love, encompassing its varied forms, an enquiry was conducted into relevant concepts found across the world's cultures, focusing (...) on so-called untranslatable words. Through a quasi-systematic search of published and internet sources, 609 relevant words were identified. These were organised through a version of grounded theory into 14 categories, representing 14 different forms or ‘flavours’ of love. The result is an expanded theoretical treatment of love, allowing us to better appreciate the nuances of this most cherished and yet polysemous of concepts. (shrink)

This paper generalises the classical Condorcet jury theorem from majority voting over two options to plurality voting over multiple options. The paper further discusses the debate between epistemic and procedural democracy and situates its formal results in that debate. The paper finally compares a number of different social choice procedures for many-option choices in terms of their epistemic merits. An appendix explores the implications of some of the present mathematical results for the question of how probable majority cycles (as in (...) Condorcet's paradox) are in large electorates. (shrink)

This paper expounds and defends a relational egalitarian account of the moral wrongfulness of vote markets according to which such markets are incompatible with our relating to one another as equals qua people with views on what we should collectively decide. Two features of this account are especially interesting. First, it shows why vote markets are objectionable even in cases where standard objections to them, such as the complaint that they result in inequality in opportunity for political influence across rich (...) and poor people, are inapplicable. Second, it specifies the sense in which, politically speaking, we should relate as equals, and in doing provides a richer version of recent relational egalitarian accounts of the ideal of democracy. (shrink)

Deliberative democracy aspires to secure political liberty by making citizens the authors of their laws. But how can it do this in the face of deep disagreement, not to mention imperfect knowledge and limited altruism? Deliberative democracy can secure political liberty by affording each citizen an equal position as a co-author of public laws and norms. Moreover, fundamental deliberative democracy—in which institutional design is ultimately accountable to public deliberation but not necessarily subject to its direct control—does not strain knowledge or (...) altruism. Thus, there is a place for deliberative democracy in a robust political economy. (shrink)

Many countries encourage immigration, yet almost without exception they impose medical conditions on the admissibility of prospective immigrants. This paper examines the ethical defensibility of this practice. It argues that the neighbourhood principle, which states that we owe a greater duty to neighbours than to strangers, when properly understood, extends to all human beings, that economic and safety considerations play only a limited role in ethically underwriting an exclusionary policy, and that medical immigration criteria should be harmonized with treatment eligibility (...) criteria for citizens of the relevant countries themselves. (shrink)

Private information about individuals contained in computerized data bases is readily available to journalists, who have a moral obligation to inform the masses as a means of redistributing power in society. The journalist's duty to inform, however, conflicts with the duty to respect the privacy of individuals. Because legislation is largely ineffective in protecting individual privacy, the journalist's moral responsibility assumes additional weight. However, the journalist should not allow the claim of privacy to keep him or her from investigating matters (...) in which the public has a legitimate interest. To determine the extent of legitimate interest, the journalist must be able to distinguish between a right to knowledge and a curious interest in knowing. The journalist is offered a 5-point test to assist in determining when an invasion of privacy via data-base research and subsequent publication is warranted. (shrink)

Abstract:Western business philosophy is rooted in the concepts of free enterprise, free markets, free choice. Yet freedom has its limits. Nature itself imposes constraints. In the state of nature each business must try to accomplish everything autonomously and ward off the attacks of rivals. These activities cost the business a great deal of freedom. The social contract emerges from such anarchy to increase the freedom available to all members of society. It does so by setting limits on individual freedom which (...) actually increase the overall amount of freedom available within the system. The Social Equation presents a relational model of this contract to show how overall freedom is increased in a state of society. In so doing, the obligations which society places on businesses to produce beneficial goods and services is developed. Next, the complex relationship between socially enforced constraints and social moral constraints is examined, showing that social moral constraints increase freedom more than do enforced constraints. This work concludes with proposed uses of the Social Equation as a heuristic for business ethics. (shrink)

Contemporary society is in the grip of contractual thinking. Realities are interpreted in contractual terms, and goals are formulated in terms of rational contracts. The leading current conceptions of rationality begin with assumptions that human beings are independent, self-interested or mutually disinterested, individuals; they then typically argue that it is often rational for human beings to enter into contractual relationships with each other.

The more diverse cultures and values a country perceives to be "normal" even "just", the more it needs to search for a public philosophy. Having developed only recently, China, which is speedily progressing towards a market economy, can be considered this kind of country. This article takes Daniel Bell's concept of modern society and public household as the basis for expatiating on some chief problems and the ways to solve them. It pays special attention to investigating the public ethic while (...) probing public philosophy, and it argues that the public ethic is an ethic that deals with public affairs in the public realm, especially the social political realm; with respect to all people involved, it is a common ethic or an ethic with openness. It is also an ethic that appeals to public opinion and public reason, and tries to find consensus from the demands of different values. Furthermore, because it refers to fundamental public benefits, it has to be a normative ethic of universalism and of baseline holders. (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)

Epistemic justifications for democracy have been offered in terms of two different aspects of decision-making: voting and deliberation, or ‘votes’ and ‘talk.’ The Condorcet Jury Theorem is appealed to as a justification in terms votes, and the Hong-Page “Diversity Trumps Ability” result is appealed to as a justification in terms of deliberation. Both of these, however, are most plausibly construed as models of direct democracy, with full and direct participation across the population. In this paper, we explore how these results (...) hold up if we vary the model so as to reflect the more familiar democratic structure of a representative hierarchy. We first recount extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem, but we question the ability of that result to shine light on real representative systems. We then show that, when we move from votes to talk, as modeled in Hong-Page, representation holds its own and even has a slight edge. (shrink)

Rather than base social welfare policies on contractual bargaining, policies should focus on the duties the strong members of society have toward the weak: the poor should clearly receive more, and the rich pay more, than either group has bargained for.

This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work (...) of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein. (shrink)

Although Rousseau did not care much about the Americans, the Americans did and still do care a lot about Rousseau. Surprisingly, for someone so eager to offer advice about how to form or reform a c...

In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...) contractual slavery propounded in the Enlightenment and their offspring expounded in recent writings, including those by Barnett, Cassirer, Ellerman, Rawls, Roberts-Thomson, Satz and Steiner. I show that they involve confusions between abilities and rights, free will and freedom, directing and doing, what may be true sequentially and what may be true simultaneously, default rights and universal rights, impermissibility and impossibility, and metaphorical and literal uses of language. (shrink)

Résumé Le problème moral de l'autorité peut s'exprimer ainsi : comment l'autorité, avec la déférence qu'elle implique, peut-elle être compatible avec la liberté et la rationalité? L'approche pluraliste sépare l'obligation politique de l'autorité. Pour les pluralistes, l'autorité est à la fois injustifiable et inutile, et donc l'obligation politique légitime, y compris le devoir d'obéir à la loi, n'implique pas de déférence. Je soutiens qu'il est possible de conserver l'engagement pluraliste envers des motifs de légitimité pluriels, tout en réfutant les objections (...) pluralistes à l'autorité. En conséquence, chaque fois que l'autorité a une légitimité, la question morale de l'autorité exigera une réponse. (shrink)

Initially, deliberative politics offers a failure of self‐identity in that the literature dealing with it divides between its determinate elevation in terms of reason, and such, and its dissipation in response to the diversity of interests pressing on it. Next, drawing on the resources of poststructural jurisprudence and by way of locating law at a defining limit of deliberative politics, a similar divide is found in law itself. Then, more productively, law is shown to be constituted with‐in that divide and (...) to take characteristic content from it. Finally, the analysis is returned to deliberative politics where the divide found in the literature can now be seen as offering this politics possibilities of effective constitution and distinctive content. (shrink)

Given the close relationship between the modern arms industry and the military, engineers and other professionals who work in the arms industry should be held accountable to the principles of just war theory. While they do not deploy weapons on the battlefield and are not in the military chain of command, technical professionals nonetheless have a moral duty to abide by principles of jus ad bellum and jus in bello. They are morally responsible both for choosing the companies that employ (...) them (and to whom these companies sell arms) and a well as what types of arms they develop. (shrink)

The phrase, ‘political obligation’, is far more popular in English than in other European languages. Whether this may be due to historical circumstances, or to a peculiar bent of the English mind, is a fascinating question; but it is not the one which I propose to discuss here today. I am mentioning it only to explain the choice of my subject, a subject which would probably sound rather uncommon to an Italian audience, but which, I am sure, has a familiar (...) ring to English ears. My subject, I would like to emphasise, is the nature of political obligation; my approach will be analytical rather than historical; and indeed, let me say at once that this lecture is a kind of examen de conscience in which I am myself involved, since I feel personally responsible for having introduced the phrase into my own native language, and for having used it during a life-time as if its meaning were self-evident, without ever raising the questions which I want to raise today. (shrink)

Professor John Wisdom holds that the reference to be found in many religious beliefs to what lies beyond the world and transcends the senses is misleading. Religious beliefs speak and, indeed, can only speak about this world, the world we know by means of the senses. The religious believer is himself misled when he describes the God he believes in as transcendent. What gives content to his beliefs is how certain things stand in this world. To appreciate these and so (...) to embrace the beliefs in question is for a person to change in himself, to come into contact with something that lies within him. Here lies the spiritual aspect of the content of religious beliefs. (shrink)

The objective of this article is to shed light on some challenging questions regarding public health and medical ethics that the Turkish healthcare system has recently been forced to confront. In recent years, terrorists in eastern Turkey have launched increasingly destructive attacks, including numerous attempts to undermine the social order by targeting not only government agencies but also the healthcare system. In this study, 54 terrorist incidents specifically targeting the Turkish healthcare system and healthcare professionals were analyzed and divided into (...) 6 categories according to the type of attack. Each category was evaluated in terms of the relevant ethical issues, with regard to both public health and medical ethics. This study shows that terrorist activity may lead to numerous breaches of public health and clinical ethics rules. Therefore, healthcare policy must involve special precautions to minimize breaches of public health and medical ethics in the face of terrorist attacks. (shrink)

John Searle’s The Construction of Social Reality and Hernando de Soto’s The Mystery of Capital shifted the focus of current thought on capital and economic development to the cultural and conceptual ideas that underpin market economies and that are taken for granted in developed nations. This collection of essays assembles 21 philosophers, economists, and political scientists to help readers understand these exciting new theories.

The rich have two defining capabilities: independence from and command over others. These make being wealthy very pleasant indeed, but they are also toxic to democracy. First, I analyse the mechanisms by which the presence of very wealthy individuals undermines the two pillars of liberal democracy, equality of citizenship and legitimate social choice. Second, I make a radical proposal. If we value the preservation of democracy we must limit the amount of wealth any individual can have and still be a (...) citizen of our polity. (shrink)

This dissertation offers a dialectical analysis of law creation insofar as legal rules and processes of social ordering are the products of interactions among agents inter se and between agents and legal institutions. This perspective demands that agents be regarded as contributing to the creation of law governing their own lives. The agents involved are not restricted to legal officials but include all persons with the capacity to exercise agency. This perspective of law creation is defended on the basis that (...) the dialectical analysis permits a better comprehension of the relationship between law and morality. The normative defence of the dialectical approach is based on four inter-related arguments. First, law creation is an instantiation of moral practice for "full insiders", these being agents committed to norms and intrinsic goods. Secondly, the conflicts ensuing from the interactions of agents tend to imbue legal authority with some degree of legitimacy through normative compromises. Thirdly, as the agents involved in this process exercise political freedom, they have the capacity to exercise judgement in mediating between a commitment to institutional structures that facilitate moral practice and a commitment to moral reasoning that can counsel the instigation of change. Lastly, even in the case of "truncated insiders", agents who are not committed to moral reasoning, there are certain weak prudential checks that exist within the games they play inhibiting unfair processes and unjust outcomes. (shrink)

The thesis contrasts two hostile and divergent intellectual paradigms in social sciences: rational choice and critical theory. Both rational choice and critical theory offer contrasting perspectives on the structures of social interaction. However, both critical theory and rational choice theory share overlapping concerns ie., both are preoccupied with determining what rational can mean in the realm of social and political interaction. In the case of rational choice paradigm, instrumental reason forms the cornerstone of the theoretical edifice. Ever since the publication (...) of Jurgen Habermas' The lhemy qf Communicative Action Vol. / and Vol. II instrumental reason has come under severe attack. His critique anchors on a theory of communicative reason. What makes Habermas' work distinctive is that he does not regard instrumental reason as the single inevitable concomitant of modernity. Habermas sees in modernity an alternative way of conceptualising social interaction in terms of communication rather than strategy. So in a way, his work is a challenge to the defenders of modernity aiming to build a unified social science Jurgen Habermas advances the notion of communicative reason as the centerpiece of a social theory as opposed to instrumental reason. By providing a systematic grounding of the concept of reason in human language, he hopes to establish normative basis of critical theory. This model of reaching agreement or consent constitutes a process of dialogue in which reasons are exchanged between participants. This process is perceived to be a joint search for consensus. Such a dialogic concept of collective choice would necessarily work not with fixed preferences to be amalgamated but with preferences that are altered or modified as competing reasons are advanced in the course of discussion. In rational discussion, the only thing supposed to count is the power of better argument. Both rational choice and critical theory conceptualise politics in different ways. Rational choice theories critique democratic mechanisms failing to generate general will. Consequently, the political prescriptions offered are limited government or market. On the contrary, the political implications of Habermas' theory of deliberative democracy is anchored in the notion of liberal public sphere envisaging a cognitivist, rationalist vision in which discourse forms a critical normative basis for evaluating the political and moral principles. (shrink)

We construct a majority cellular automata based model to explain the power-law signatures in Indonesian general election results. The understanding of second-order phase transitions between two different conditions inspires the model. The democracy is assumed as critical point between the two extreme socio-political situations of totalitarian and anarchistic social system - where democracy can fall into the twos. The model is in multi-party candidates system run for equilibrium or equilibria, and used to fit and analyze the three of democratic national (...) elections in Indonesia, 1955, 1999, and 2004. (shrink)