Schumpeter took a dim view of the deliberative capacities of the average voter who, he believed, could not be relied upon to make responsible judgements about distant and rather abstract matters of...

The theme of this paper can be introduced in this way: does a pluralist approach to religion entail a pluralist approach to religion? My theme is not that odd, because I have two notions of pluralism in mind. There is what I will call ‘tolerant pluralism’ and what I will call ‘religious pluralism’. And thus my question is ‘Does tolerant pluralism re religion entail religious pluralism?’.

This paper examines the conceptual development of the philosophical justifications for tyrannicide. It posits that the political philosophy of tyrannicide can be categorised into three distinct periods or models, the classical, medieval, and liberal, respectively. It argues that each model contained unique themes and principles that justified tyrannicide in that period; the classical, through the importance attached to public life and the functional role of leadership; the medieval, through natural law doctrine; and the liberal, through the postulates of social contract (...) theory. Subsequent analysis of these different models however, reveals that these historical models are unable to provide a sufficient philosophical basis for a contemporary justification of tyrannicide. In Part II, it will be contended that a reinvigorated conception of self-defence, a theme common to all three models, when coupled with the modern notion of universal human rights, may provide the foundation for a contemporary theory of tyrannicide. (shrink)

This is the final part of a series of two papers that have examined the conceptual development of the philosophical justifications for tyrannicide. While Part I focused on the classical, medieval, and liberal justifications for tyrannicide, Part II aims to provide the tentative outlines of a contemporary model of tyrannicide in world politics. It is contended that a reinvigorated conception of self-defence, when coupled with the modern understanding of universal human rights, may provide the foundation for the normative validity of (...) tyrannicide in contemporary world politics. (shrink)

Honor is a difficult field of inquiry that deserves systematic attention from social scientists. Honor is an internalized concern for recognition and approval that links reputation with conduct and helps sustain existing patterns of social selection and evaluation. The paper argues that scholars are remiss that consider the field of honor obsolete or a residual category left over from the transition to modern forms of social organization. A modern conception of honor is identified in the relationship of a reflexive self (...) and a larger moral and institutional order. A further effort is made to elaborate a reflexive approach to honor informed by the intersection of Pierre Bourdieu's theory of social reproduction and Erving Goffman's theory of self presentation. Honor is theorized as a multi-dimensional field that legitimates prevailing standards of evaluation and social selection contested in staged and consecrated interactions that are central to social reproduction. (shrink)

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream (...) punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the unconditionality of mercy propounded by Seneca. (shrink)

This study examined correlations between moral value judgments on a 17-item Moral Intuition Survey (MIS), and participant scores on the Short-D3 “Dark Triad” Personality Inventory—a measure of three related “dark and socially destructive” personality traits: Machiavellianism, Narcissism, and Psychopathy. Five hundred sixty-seven participants (302 male, 257 female, 2 transgendered; median age 28) were recruited online through Amazon Mechanical Turk and Yale Experiment Month web advertisements. Different responses to MIS items were initially hypothesized to be “conservative” or “liberal” in line with (...) traditional public divides. Our demographic data confirmed all of these hypothesized categorizations. We then tested two broad, exploratory hypotheses: (H1) the hypothesis that there would be “many” significant correlations between conservative MIS judgments and the Dark Triad, and (H2) the hypothesis that there would be no significant correlations between liberal MIS judgments and Machiavellianism or Psychopathy, but “some” significant correlations between liberal MIS judgments and Narcissism. Because our hypotheses were exploratory and we ran a large number of statistical tests (62 total), we utilized a Bonferroni Correction to set a very high threshold for significance (p = .0008). Our results broadly supported our two hypotheses. We found eleven significant correlations between conservative MIS judgments and the Dark Triad—all at significance level of p < .00001—but no significant correlations between the Dark Triad and liberal MIS judgments. We believe that these results raise provocative moral questions about the personality bases of moral judgments. In particular, we propose that because the Short-D3 measures three “dark and antisocial” personality traits, our results raise some prima facie worries about the moral justification of some conservative moral judgments. (shrink)

Gerald Gaus’s latest book achieves a remarkable, definitive development of the public reason project whose roots can be traced back to Locke and Kant and which had already attained its full expression in the later writing of John Rawls—or so we had thought! In fact Gaus takes a long step beyond Rawls.Gaus (2011). Page numbers enclosed in parentheses of the text refer to this book. For John Rawls on public reason, see especially his A Theory of Justice (1999); also Rawls (...) (1996). In my view we should have a raised eyebrows response to the public reason project, but this does not gainsay Gaus’s achievement in rigorously working out its implications. The book develops an account of the justified imposition of moral constraints and, following that, of justified political arrangements. These comments focus on the former.SummaryLike any genuinely original work, this one admits of quick summary. In everyday life, people make moral demands on each other, and claim a special authority in making. (shrink)

The codes of ethics and conduct of a number of psychology bodies explicitly refer to human rights, and the American Psychological Association recently expanded the use of the construct when it amended standard 1.02 of the Ethical Principles of Psychologists and Code of Conduct. What is unclear is how these references to human rights should be interpreted. In this article I examine the historical development of human rights and associated constructs and the contemporary meaning of human rights. As human rights (...) are generally associated with law, morality, or religion, I consider to which of forms of these references most likely refer. I conclude that these references in ethical codes are redundant and that it would be preferable not to refer to human rights in codes. Instead, the profession should acknowledge human rights as a separate and complimentary norm system that governs the behavior of psychologists and should ensure that they have adequate knowledge of human rights and encourage them to promote human rights. (shrink)

The fact that most of us are ignorant on politically relevant matters presents a problem for democracy. In light of this, some have suggested that we should impose epistemic constraints on democratic participation, and specifically that the franchise be restricted along competency lines – a suggestion that in turn runs the risk of violating a long-standing condition on political legitimacy to the effect that legitimate political arrangements cannot be open to reasonable objections. The present paper therefore outlines a way to (...) solve the problem of public ignorance without restricting the franchise. The proposal involves filtering the electoral input of a universal franchise through a statistical model that simulates what the public's political preferences would have been, had they been informed on politically relevant matters. The result is modelled democracy. A case is made that such democracy both solves the problem of public ignorance and satisfies the aforementioned condition on legitimacy. (shrink)

International law codifies the principle of non-combatant immunity, which traces its origins to a religiously supported moral imperative. The principle of non-combatant immunity has evolved to become a crucial underpinning of just war theory. Western societal norms have complicated our understanding and application of the principle of non-combatant immunity by depicting combatancy in terms of innocence and guilt: those viewed as innocent deserve legal protection. Child soldiers and female suicide bombers exemplify today's complex and expanding parameters of combat. Consequently, in (...) practice, authorities in conflict zones cannot rely on existing legal distinctions; instead, they are forced to make subjective judgements when deciding whom to protect. This article calls for a critical evaluation of: existing legal definitions concerning non-combatants; how conceptions of combatancy are applied in protective policy and humanitarian evacuation; and the resulting consequences and policy implications. (shrink)

In this essay, “The Principle of Autonomy in Kant’s Moral Theory: Its Rise and Fall,” Pauline Kleingeld notes that Kant’s Principle of Autonomy, which played a central role in both the Groundwork for the Metaphysics of Morals and the Critique of Practical Reason, disappeared by the time of the Metaphysics of Morals. She argues that its disappearance is due to significant changes in Kant’s political philosophy. The Principle of Autonomy states that one ought to act as if one were giving (...) universal laws through one’s maxims. The criterion of just legislation that Kant accepted in the mid-1780s does not require any actual consent on the part of the citizens—genuine universality is sufficient for a law to be just. Hence, at that time, Kant could indeed explicate the criterion governing the moral permissibility of one’s maxims by drawing an analogy with the criterion governing the justice of political laws. In the Metaphysics of Morals and in other works in the 1790s, however, he added the further condition that laws must be given with the consent of the citizens. With this further condition, the moral criterion was no longer fully analogous to the criterion for political laws being just. Accordingly, Kleingeld argues, Kant dropped the Principle of Autonomy, which was firmly based on that analogy. (shrink)

We examined Confucian moral philosophy, primarily the Analects, to determine how Confucian ethics could help managers regulate their own behavior (self-regulation) to maintain an ethical standard of practice. We found that some Confucian virtues relevant to self-regulation are common to Western concepts of management ethics such as benevolence, righteousness, wisdom, and trustworthiness. Some are relatively unique, such as ritual propriety and filial piety. We identify seven Confucian principles and discuss how they apply to achieving ethical self-regulation in management. In addition, (...) we examined some of the unique Confucian practices to achieve self-regulation including ritual and music. We balanced the framework by exploring the potential problems in applying Confucian principles to develop ethical self-regulation including whistle blowing. Confucian moral philosophy offers an indigenous Chinese theoretical framework for developing ethical self-regulation in managers. This is relevant for managers and those who relate to managers in Confucian-oriented societies, such as China, Korea, Japan, and Singapore. We recommend further research to examine if the application of the Confucian practices outlined here actually work in regulating the ethical behavior of managers in modern organizations. (shrink)

An atomistic model of society leads us to address injustices in terms of individual rights, but rights are curious possessions and don't always give the protection that's needed. Examples are patient's rights, children's rights and a fetus's right to life, all of which go wrong because they assume that the subjects are independent and autonomous. This assumption often fails. Rights work where people are in a position to press them; for others they give only a caricature of justice.

One of the most legendary educational books ever written is Jean-Jacques Rousseau’s “Émile ou de l’Education”. Most obviously Rousseau wrote this book guided by diverse more or less conscious purposes and one of the main problems it presents is paradoxical: Does education have to promote freedom by force? In this article I will, firstly, present several aims that might have triggered Rousseau to write “Émile”. Secondly, I will discuss Rousseau’s view of the so called “educational paradox”. Since this quandary touches (...) the topic of many other of his books, I will discuss “Émile” along with Rousseau’s other works and thus place his educational story in his “great narrative”. (shrink)

This article contextualises current debates over human rights and transnational corporations. More specifically, we begin by first providing the background to John Ruggie's appointment as 'Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises'. Second, we provide a brief discussion of the rise of transnational corporations, and of their growing importance in terms of global governance. Third, we introduce the notion of human rights, and note some difficulties associated therewith. Fourth, we (...) refer to Ruggie's scholarly work on 'embedded liberalism', the 'global public domain' and 'social constructivism'. Following this, we refer to the other five papers contained in this "Journal of Business Ethics" special issue, 'Spheres of Influence/Spheres of Responsibility: Multinational Corporations and Human Rights', and consider some of the potential obstacles to Ruggie's recent suggestion that a 'new consensus' has formed, or is forming, around his 'Protect, Respect and Remedy' framework. We conclude by raising questions regarding the processes of consensus-building around, and the operationalisation of, Ruggie's 'Protect, Respect and Remedy' framework. (shrink)

ABSTRACTThis article discusses the concept of integrity. Often, integrity is used as a characteristic of individuals showing a high fidelity to generally praised norms. Here, a more independent meaning is suggested so that the concept implies a clear distance to integration instead of mixing up the two concepts. Integrity implies integration within the individual of beliefs, statements, and action. To what degree can society and companies accommodate a pluralism created by individuals with integrity? Here, it is argued that integrity is (...) a useful virtue and that a more integrity‐friendly environment in companies would be beneficial by stimulating the empowered employee to make improved contributions. The concept is central for business ethics and crucial for the company's choice of such policies. A priority of integrity also affects organizational theory and the practical organizing of the company. Integrity is also vital for society at large for both citizens and companies, providing an ideological support for pluralism and a check on demands for conformism. The article also discusses how a virtue such as integrity can function as guidance for the individual operating in a complex world. (shrink)

Universities are facing a critical challenge; university citizenship has steadily declined over the last few decades. As a self-governing entity, most of the foundational elements of a university community are within its own control. As a result, the health and future welfare of the institution depends greatly on the quality of its leaders and robustness of its governing structure. These in turn depend on the quality of those undertaking leadership roles and serving on governing bodies and on the degree to (...) which they reflect its values and aspirations. Maximising the probability that these desiderata will be achieved requires a broad-based faculty willingness to serve conscientiously on these bodies and to serve as administrators to be involved in selecting members, and to be involved on the myriad of sub-committees, task forces, departmental committees, and the like. It is not only an abdication of citizenship to leave governance and administration of the institution to a few willing faculty, it is dangerous and puts at risk the welfare of the institution. Even if these few were all able to place the welfare of the institution above their own particular agendas and their self-interest (not something on which to count), the process of self-selection could not be expected to result in a group that would adequately reflect, represent or understand the breadth and depth of the needs, aspirations and complex circumstances of the entire institution. The larger the pool of willing participants, the greater the probability that those selected will reflect best the institutional diversity. This paper draws out the rights and obligations of faculty citizens embedded in the structural arrangements common to universities in the western world. In part A we examine three fundamental components of those arrangements, components that collectively define certain rights and entail certain obligations of citizenship. These obligations flow in part from essential rights, and also in part from what is necessary to sustain the viability and vibrancy of the community. In Part B, we examine some of these essential obligations of citizenship. In Part C, we make recommendations about how to promote effective citizenship; these recommendations are collected after Part C under the heading “Recommendations.”. (shrink)

Michael Sandel's Democracy's Discontent traces America's woes to an erosion of community and a loss of a sense of collective self‐governance. He recommends a more communitarian, republican public philosophy as the cure. His book illuminates many important historical and contemporary issues, particularly the link between systems of political economy and visions of citizenship. His methods are, however, too impressionistic to support his empirical claims. He particularly neglects the role of civic republicanism in America's history of racial, gender, and religious discrimination. (...) Hence his call for Americans to minimize liberal doctrines of individual rights in favor of communally minded republicanism is not fully persuasive. (shrink)

The attempt to vindicate the objectivity of morality tops the list of philosophical obsessions. In this paper I consider the rationality of searching for such a vindication. I argue that the only justification of our efforts lies in our belief in moral objectivity; that this belief can be as well, if not better, explained by wishful thinking and other cognitive biases; that as a research community we have failed to take precautions against such biases; and that as a result we (...) have been making disproportionate, and therefore irrational, efforts to establish moral objectivity. (shrink)

ABSTRACTFaced with the marketization of Higher Education in England, pedagogy is under pressure in ways that often undermine lecturers’ deeply held values. For instance, this pressure results in the reduction of significant aspects of teaching to narrow metrics and requires universities to operate within intrusive structures that subordinate their pedagogical aims to profit-orientated objectives. In this paper, I analyse the way that people can preserve their agency in this pedagogical context. I guide my analysis with a framework that combines critical (...) realism with Aristotelian virtue ethics and MacIntyre’s ideas of qualities within human practices. I suggest the kinds of qualities that might assist faculty to preserve and advance rich pedagogical projects in the current circumstances. Finally, I use a critical realist morphogenetic approach to argue that people may be able to resist losing their way when faced with ubiquitous performativity regimes. (shrink)

: Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resis-tance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resistance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

This article presents Édouard Glissant's account of a composite community as an articulation of Frantz Fanon's alternative, de-colonial conception of the nation. It shows that, subsequent to Fanon's critique of the xenophobia and racism of a narrow nationalism, we are left with a conception of a national consciousness that registers with what Glissant names, in Poetics of Relation, a composite community in relation. Both accounts ground community in a foundation of difference, process and dynamism, all of which is carried into (...) a collective identity, without the reductive homogenizing practices of most nation-building endeavors. As such, the article argues that Glissant's work is positioned to underscore what, in Fanon's understanding of national culture, is meant to protect the living dynamism of a people from a chauvinistic ultra-nationalism. Similarly, the work of The Wretched of the Earth can be used to take Glissant's alternative political ontology into the arena of thinking the nation otherwise. (shrink)

We address how to ethically evaluate workplace practices when workplace behavioral norms conflict with employees’ attitudes toward those norms, which, according to research on psychological contract violations, regularly occurs. Drawing on Scanlonian contractualism, we introduce the intersubjective reflection process (IR process). The IR process ethically evaluates workplace practices according to whether parties to a workplace practice have intersubjectively valid grounds to veto the practice. We present normative and empirical justification for this process and apply the IR process to accounts of (...) workplace moral dilemmas. We end by identifying future directions for research related to the IR process. (shrink)

RÉSUMÉLe goût, en tant que faculté d'appréciation esthétique, implique un individu, et pourtant suppose une communauté. Dans cet article, nous constatons qu'une disposition singulière à l’égard des objets de goût est conditionnée par le consentement d'autrui et par l’être-avec autrui. De cette façon, une communauté esthétique est établie. Cette idée de communauté esthétique remonte au sensus communis de Kant et à la notion de préservation de Heidegger : dans les deux cas, c'est la présence d'une communauté qui conditionne l'expérience esthétique.

Torture has reappeared in liberal democracies in the guise of anti-terrorism strategies. The acceptance of its use and the fascination with the images and documents that indicate the pain and suffering of the tortured point to more than a belief in the need for torture to counter terrorist threats. This fascination implies an enjoyment on the part of the liberal subject who is looking on while the other subject is being beaten. In this article I consider the liberal subject’s acceptance (...) of and fascination with the scene of torture. I argue that the scene of torture, as imagined by the subject looking on, provides a formula for the relief of anxiety in the liberal subject who does not know if s/he will be subject to torture at any time. To consider this scene I analyze Donald Rumsfeld’s annotation to the ‘Action Memo’ which sanctioned torture and, through the work of Freud, Lacan and Santner, I explore the position of contemporary sovereigns in their function as providing transcendental signification for the subject seeking recognition and relief in the sovereign’s gaze. (shrink)

This article explores the possible convergence between the capabilities approach and utilitarianism to specify CSR. It defends the idea that this key issue is related to the anthropological perspective that underpins both theories and demonstrates that a relational conception of individual freedoms and rights present in both traditions gives adequate criteria for CSR toward the company's stakeholders. I therefore defend "relational capability" as a means of providing a common paradigm, a shared vision of a core component of human development. This (...) could further lead to a set of indicators aimed at assessing corporate social performance as the maximization of the relational capability of people impacted by the activities of companies. In particular, I suggest a way of evaluating the contribution of extractive companies to the communities close to their industrial sites in extremely poor areas, not from the viewpoint of material resources and growth, but from the viewpoint of the quality of the social environment and empowerment. (shrink)

This paper considers the relation between mytho-poetic narrative and practical philosophy in an Idealist/Romantic fragment, usually attributed to Hegel, known as the ‘System-programme’. Like many works of the young Hegel, the text seeks political reform through a reform of religion and suggests that for politics to be truly motivating reason must be embedded in mytho-poetic discourse. This Hegelian ‘reform’ is in the service of a new, sensuous, practical rationality and a motivating political praxis. The paper places these issues in the (...) context of the religious thought of J.J. Rousseau, particularly his religious themes, as presented in The Social Contract . The paper also connects these issues to a political problem identified in recent work by Simon Critchley, the problem of practical or moral motivation. Critchley claims that while citizens of secular, liberal, democratic societies experience the political norms that shape their lives as externally binding, these norms are not internally compelling. Against this he claims that what are motivating are frameworks of belief that call the secular project into question. At least one of Critchley’s solutions to this problem is connected to the sphere of the religious. While accepting the idea that connecting social and political problems to religion can render them motivating, this paper will withhold from endorsing either the solution offered by the young Hegel in the ‘System-programme’ or Critchley’s, and raises doubts also about the Rousseauian response . It argues that these solutions fail to adequately address the problem they face: how to render contemporary political life internally compelling for modern political subjects? (shrink)

This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia (Cipsoft 1997–2011 ) ( http://www.tibia.com ) and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players act as a moral (...) enterprising group contributing to the reform of the game rules and in particular to the reform of the Tibia punishment system by the game company. In the conclusion we consider the ethical issues raised by our findings and we propose some general reflections on the role of punishment and social mechanisms for the governance of online worlds more generally. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

ABSTRACT Leadership, as a habit of thinking, assumes the alpha and omega position for pursuance of sustainable development in Uganda. However, what if we considered followership first? Using literature review, a conceptual framework, and critical reflexivity as data source and analysis, this paper provides a new approach to understand challenges in Uganda. The argument is to transcend leadership models and switch to followership model for possibilities of achieving especially sustainable development. This will not only strengthen democratic practices, but also offers (...) more efficient and effective leadership methods. Followership remains the critical yet silent element that has caused the shift in focus from traits, behavior, and lastly, contingent leadership theories. It is why some leadership theorists are considering feminine styles as more effective because they are prejudiced as natural followers. I suggest possibilities of exploring a followership model where followership is the main factor upon which Empowerment for Sustainable Development directly depends. (shrink)

In 1944, Martin Crowe, a Catholic priest, wrote a doctoral dissertation titled The Moral Obligation of Paying Just Taxes. His dissertation summarized and analyzed 500 years of theological and philosophical debate on this topic, much of which took place in Latin. Since Crowe’s dissertation, not much has been written on the topic of tax evasion from an ethical perspective, with a few exceptions. In 1998 and 1999, a few articles were published on the ethics of tax evasion in the Journal (...) of Accounting, Ethics & Public Policy. An edited book on this topic was published in 1998. The present paper summarizes, updates and expands on Crowe’s work and the other more recent work that has been published on this topic. Three basic views on the ethics of tax evasion have emerged over the centuries. This article presents and critiques those three views and raises some questions about points that have not yet been explored in the literature. (shrink)

This article begins with a review of the literature on the ethics of tax evasion and identifies the three main views that have emerged over the centuries, namely always ethical, sometimes ethical, and never or almost never ethical. It then reports on the results of a survey of HK and U.S. university business students who were asked to express their opinions on the 15 statements covering the three main views. The data are then analyzed to determine which of the three (...) viewpoints is dominant among the sample population. Although it was found that HK scores were significantly different from the U.S. scores, both HK and U.S. respondents were opposed to the view that tax evasion is always or almost always ethical. The strongest arguments justifying tax evasion were in cases where the government was corrupt, the tax system was unfair and unaffordable. The weakest arguments for justifying tax evasion were in cases where there was a selfish motive. The underlying cultural differences are further explored in hope of accounting for differing perceptions of ethics of tax evasion. Policy implications for increasing people’s awareness of ethics on tax evasion are also highlighted. (shrink)

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal (...) autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life. (shrink)

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)