Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...) insidious jargon and institutional vogue. Dutton, who remains the editor, still writes a regular column. A distinctive feature of Philosophy and Literature was the annual Bad Writing Contest, held from 1995–98, which sought to identify (and publish) the ‘most stylistically lamentable passages’ of academic prose, often to great amusement. (shrink)

Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) turn: to start the inquiry with violations of human dignity. The inductive turn: to consider the whole range of applications of the concept of human dignity in different areas of ethics. And finally, the historical turn: to take into account the historical bonds between human dignity and traditional conceptions of dignity. Taken together they point in the direction of an understanding of human dignity as universal nobility. (shrink)

Collection of papers presented at the 2nd and 3rd Budapest Seminar in Early Modern Philosophy.

Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? This book presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts (...) across the analytic-continental divide, running from the state-of-nature stories of David Hume and the early genealogies of Friedrich Nietzsche to recent work in analytic philosophy by Edward Craig, Bernard Williams, and Miranda Fricker. However, these genealogies combine fictionalizing and historicizing in ways that even philosophers sympathetic to the use of state-of-nature fictions or real history have found puzzling. To make sense of why both fictionalizing and historicizing are called for, the book offers a systematic account of pragmatic genealogies as dynamic models serving to reverse-engineer the points of ideas in relation not only to near-universal human needs, but also to socio-historically situated needs. This allows the method to offer us explanation without reduction and to help us understand what led our ideas to shed the traces of their practical origins. Far from being normatively inert, moreover, pragmatic genealogy can affect the space of reasons, guiding attempts to improve our conceptual repertoire by helping us determine whether and when our ideas are worth having. (shrink)

This essay presents a skeleton of a potential conceptual framework for human flourishing in a free society. Its aim is to present a diagram that illustrates the ways in which its topics relate to one another and why they do. It argues for a plan of conceptualization rather than for the topics themselves. It emphasizes the interconnections among the components of the schema presented. It sees an essential interconnection between objective concepts, arguing that all of the disciplines of human action (...) can be integrated into a paradigm of human flourishing based on the nature of man and the world. (shrink)

In this article, I examine two competing republican ideals of a free society of equals in the eighteenth century. I claim that while the value of nondependency was central to the economic outlooks of both Adam Smith and Richard Price, their evaluations of free-market practices were dramatically distinct. In doing so, I introduce a new interpretation of the typologies of republicanism in the eighteenth century.

Libertarians often rely on arguments that subordinate the principle of liberty to the value of its economic consequences. This invites the question of what a pure libertarian theory of justice—one that takes liberty as its overriding concern—would look like. Grotius's political theory provides a template for such a libertarianism, but it also entails uncomfortable commitments that can be avoided only by compromising the principle of liberty. According to Grotius, each person should be free to decide how to act as long (...) as her actions do not violate the equal liberty of others. According to this principle, however, people are free to enter any contract and alienate any rights, permitting even contracts of slavery or the alienation of rights of bodily integrity. Libertarians can escape this commitment to absolute freedom of contract only by adopting ad-hoc amendments to the principle of liberty. (shrink)

Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.

In Federalist 10 James Madison drew a functional distinction between “parties” (advocates for factional interests) and “judgment” (decision-making for the public good) and warned of the corrupting effect of combining both functions in a “single body of men.” This paper argues that one way of overcoming “Madisonian corruption” would be by restricting political parties to an advocacy role, reserving the judgment function to an allotted (randomly-selected) microcosm of the whole citizenry, who would determine the outcome of parliamentary debates by secret (...) ballot—a division of labour suggested by James Fishkin’s experiments in deliberative polling. The paper then defends this radical constitutional proposal against Bernard Manin’s (1997) claim that an allotted microcosm could not possibly fulfil the “consent” requirement of Natural Right theory. Not only does the proposal challenge Manin’s thesis, but a 28 th Amendment implementing it would finally reconcile the competing visions that have bedevilled representative democracy since the Constitutional Convention of 1787. (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...) the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

This paper has a two‐pronged thesis. First, laws should be understood as making factual claims about the moral order. Second, the truth or falsity of these claims depends as much on the content of the law as on whether the lawmaker has political authority. In particular, laws produced by legitimate authorities are successful as laws when they guide subjects' behavior by giving subjects authoritative reasons for action. This paper argues that laws produced by legitimate authorities accomplish this task (i) by (...) being on their own sufficient to change the moral state of affairs, which (ii) thereby generates for people new moral reasons to act that they can read right off of the legislation. (shrink)

This essay distinguishes two main forms of pacifism, personal pacifism and political pacifism. It then contrasts the views on self-defense of political pacifism and just war theory, paying special attention to notions of the state and sovereignty.

En los últimos años, en numerosos países de América Latina, los derechos de la naturaleza se han consagrado en la Constitución. El objetivo principal es tener en cuenta una visión indígena de la naturaleza. En el siguiente artículo examinaremos si los argumentos para conceder derechos a la naturaleza también pueden derivarse de la tradición del pensamiento occidental. Además, se tendrá en cuenta la historia del concepto de «naturaleza viva», desde Aristóteles hasta la actualidad, así como su importancia para el estatuto (...) jurídico de la naturaleza. De particular importancia aquí es la cuestión del valor intrínseco de la naturaleza. (shrink)

Against those who identify genealogy with reductive genealogical debunking or deny it any evaluative and action-guiding significance, I argue for the following three claims: that although genealogies, true to their Enlightenment origins, tend to trace the higher to the lower, they need not reduce the higher to the lower, but can elucidate the relation between them and put us in a position to think more realistically about both relata; that if we think of genealogy’s normative significance in terms of a (...) triadic model that includes the genealogy’s addressee, we can see that in tracing the higher to the lower, a genealogy can facilitate an evaluation of the higher element, and where the lower element is some important practical need rather than some sinister motive, the genealogy can even be vindicatory; and finally, that vindicatory genealogies can offer positive guidance on how to engineer better concepts. (shrink)

The aim of this paper is to critically inquire into some of the interpretations of what appears to me to be the core of Hobbes's political philosophy: his concept of political obligation. And in so doing I will provide a new way of reading the problem of obedience in Hobbes, one that does not dismiss the limits of political obligation and the theological context that surrounds it.

Conventional modern just war theory is fundamentally incoherent. On the one hand, the theory contains a theory of public war wherein ethical responsibility for the justice of war belongs uniquely to political sovereigns while subjects, including soldiers, are obligated to serve in war upon the sovereign’s command. On the other hand, the theory contains a theory of discrimination which presupposes that participants in war, including soldiers, are responsible for the justice of the wars they fight. Moreover, these two components are (...) derived from two inconsistent visions of political justice. The theory of public war, it turns out, is derived from a theory of justice that places the value of political society conceived of as a supra-individual communal entity above the value of the private individual. The theory of discrimination, however, is derived from a theory of justice that places the value of the private individual above that of political society. This inconsistency is revealed by analyzing the theories of Vitoria, Grotius, and Walzer. Appreciating this problem also helps situate the recent revisionist critiques of conventional just war theory. (shrink)

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)

From 1922 to 1924, the Iroquois Confederacy — a federal union of six aboriginal nations — sought resolution of a dispute between themselves and Canada at the League of Nations. In this paper, the historical events of the 1920s League are employed as a case study to explore the development of the international society of states in the early 20th century as it relates to the indigenous peoples of North America. Specifically, it will be argued that the early modern practice (...) of excluding Amerindians from international political forums is related to the negative representation of indigenous peoples in the dominant theoretical discourse of the time: social contract theory. The diplomatic activities of the Iroquois, and the members of the League during this time period, demonstrate exactly how social contract theory has relied on presenting indigenous peoples as residing in a non-political and non-sovereign form, thus denying them the right to participate at the international level on par with other peoples. (shrink)

La teoría republicana moderna de la concepción revolucionaria de la soberanía popular tuvo un eslabón fundamental en la filosofía política de John Locke, quien elaboró un argumento en favor de la libertad natural y de la autonomía de juicio de los individuos, y en contra de la sujeción natural y la alienación de la libertad política. Concibe la autoridad política como un poder político fiduciario instituido para el fin del bien público. Cuando los gobernantes actúan para fines distintos de los (...) encomendados, arbitrariamente o por su interés propio, la confianza se pierde y el ejercicio del poder político regresa a las manos del pueblo libre. Modern republican theory of the revolutionary conception of popular sovereignty had a fundamental link in the political philosophy of John Locke, who elaborated an argument in favour of the natural freedom and autonomy of judgment of individuals, and against the natural subjection and alienation of political freedom. He conceives of political authority as a fiduciary political power instituted for the end of public good. When the trustees act for ends other than those entrusted, arbitrarily or for his own interest, trust is forfeited and the exercise of political power returns to the hands of the free people. (shrink)

Algunas formulaciones de la filosofía política reciente han descuidado el carácter históricamente indexado de conceptos como libertad política, propiedad o soberanía, propiciando un uso anacrónico e impreciso de su significado. No obstante, su posición académica y social dominante informa el «sentido común» filosófico- político de nuestra época. Locke constituye un ejemplo de cómo la coyuntura interpretativa liberal, que se desplegó en el siglo XIX y se consolidó en el XX, ha oscurecido una parte de la complejidad y pluralidad de las (...) tradiciones intelectuales y normativas que heredó. La reconstrucción de la filosofía política lockeana a partir de su concepción fiduciaria de la libertad política contribuye a hacer de nuevo visible el significado de algunas concepciones fundamentales para la teorización normativa presente. (shrink)

Louis Dumont is a distinguished Indianist but his later work has undertaken to ground an allegedly general need for holism and hierarchy in comparative historical sociology. Dumont's anti‐individualist thrust, depicting as it does modern Western culture as an aberration, a kind of social disease inviting in the long run an even worse cure—the nemesis of totalitarianism— enjoyed in the 80s the status of a modern classic of sociological wisdom. Even those who, like the new humanist thinkers in France (Luc Ferry, (...) Alain Renaut, Tzvetan Todorov) fight the influential antimodern stances of Heidegger or Leo Strauss, have come to share Dumont's strictures against individualism. This paper describes the main theses of Dumont's latest book, translated into English as Essays on Individualism, while at the same time sketching a liberal critique of his anti‐individualist bias. (shrink)

Robert Alexy defines law as including a claim to moral correctness and demonstrating social efficacy. This paper argues that law's social efficacy is not merely an observable fact but is undergirded by moral commitments by rulers that it is possible for their subjects to follow the rules, that the rulers and others will also follow the rules, that subjects will be protected from violence if they act in accordance with the rules, and that subjects will be entitled to legal redress (...) if others act violently towards them otherwise than in accordance with the rules. Alexy is correct in his conclusion that a system of norms that is not by and large socially efficacious is not a valid legal system, but wrong insofar as he follows legal positivism in distinguishing this aspect of law's validity from law's claim to moral correctness. (shrink)

What is commonly called a right has since about 1980 increasingly come to be called a subjective right. In this paper the origin and rise of this solecism is investigated. Its use can result in a lack of clarity and even confusion. Some aspects of rights-concepts and their history are also discussed. A brief postscript introduces Leibniz's Razor.

Natural law contains much social thought that predates sociology and related disciplines, and can be seen as part of the prehistory of the human sciences. Key concerns of natural law thinkers include the achievement of social life and society, and the individual’s place therein. However, there is an enduring tendency within sociology to dismiss the ahistoricism and universalism of natural law, and therefore to reject natural law thought in its entirety. This article proposes an approach that rescues the sociological relevance (...) of natural law. It draws on the respective methods of Chris Thornhill and Gary Wickham, who each seek to recover the importance of natural law for sociology. Thornhill treats natural law as a valid sociological object by focusing on its functions within society rather than engaging with its ahistorical concepts. His focus on the external functions of natural law, however, leads to a neglect of the internal conceptualisations of the social world in natural law thought. This in turn leads to a misinterpretation of Hobbes and voluntarist natural law. Wickham, on the other hand, explores in detail Hobbesian conceptions of society and the individual that Wickham argues can be utilised within contemporary sociology. This article revises Thornhill’s methodological framework in order to secure a space for the recovery of natural law as social thought. This approach allows for the recognition of natural law as an important piece of the epistemological background against which contemporary understandings of the human and society emerged. (shrink)

In his book, World Poverty and Human Rights, Pogge sets out to articulate an approach to basic justice that is inversal and cosmopolitan. This notion of justice is to be articulated through the language of human rights. Pogge’s arguments about justice, moral universalism and cosmopolitanism are impressive and reward serious study. It is to be hoped. indeed, that many aspects of his argument might be adopted by the elite ruling classes of world politics; they have much to offer in the (...) project of creating a world that is humane for all. The issues that I have raised in the foregoing argument however are central to the integrity of Pogge’s project. I have argued, in sum that it is not possible to advance a program for the expansion of justice and the implementation of human rights in world politics without making an appeal to a specific account of the nature of justice and of human rights. The account that informs Pogge’s argument is that of political liberalism, and this is an account that has much in its favor as a preferred vehicle for justice in world politics. However, this account makes itself vulnerable when it argues for universal principles without acknowledging their partisan and normative base. My argument has been that this issue is at the center of Pogge’s attempt to isolate the conception of human rights he explicates, which he wants to serve as the language for his global ethical universalism, from the ontological affirmations which make that conception of human rights possible, and which of necessity tie human rights to a specific conception of the nature of the good for human persons and groups. The attempt to establish a single, universal criterion of justice, and to express it in the language of human rights, is undermined from within for as long as it fails to engage with ontological concerns. (shrink)

This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.

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)

The rise of the idea of the Anthropocene is promoting multiple reflections on its meaning. As we consider entering this new geological epoch, we realize the pervasiveness of humankind’s deconstruction and reconstruction of the Earth, in both geophysical and discursive terms. As the body of the Earth is marked and reshaped, so is its idea. From a hostile territory to be subjugated and exploited through sovereign commands, the Earth is now reframed as a vulnerable domain in need of protection. The (...) mode of sovereignty, which has accompanied human and legal history and practice during modernity and its project of mastery, is no longer useful. Humanity’s control of the Earth is being reimagined and reconfigured along biopolitical coordinates of thought and action. Biopolitics shifts the focus of power, changes its modalities of interventions, and rearticulates its legitimacy on the idea of taking responsibility for the Earth, for nature. A biopolitical re-orientation of law captures the fundamental aim of caring for nature, of fostering its vital possibilities and of enhancing its productive potential. Yet, biopolitics engulfs nature in its entirety under its framework of control, where protection and subjugation, vulnerability and productivity, life and death are constantly entangled in a reciprocal and inevitable relation of indistinguishability. Sovereignty becomes thus a key modality of biopolitical intervention, when nature is recalcitrant, wild, spontaneous, unpredictable, violent, dangerous. Biopolitics, thus, remains caught in an undecidable dilemma, where in order to protect the Earth, it must subjugate it; to save it, it must condemn it. In this respect, biopolitics remains utterly modern, or as argued by Roberto Esposito, modernity has always been biopolitical, insofar as modernity has emerged as a framework for the protection of life against life’s own excesses. But how can we escape the biopolitical reframing and enframing of the Earth and its total subsumption under its matrix of control? How can we rethink the encounter between law and nature without remaining entangled in the aporetic dilemma of biopolitics? An aesthetics of wonder may offer a way. (shrink)

Early modern theorists linked the idea of sovereign power to a conception of absolute power developed during the medieval period. Ockham had reframed the already extant distinction between God's absolute and ordained powers in order to argue that God was free of moral constraint in ordaining natural law for human beings. Thus, the natural law could command the opposite of what God had ordained if He wished to make it so. Bodin extended Ockham's argument to earthly sovereigns, who do not (...) (he argued) have to obey civil law. However, Bodin undermined his absolutism by maintaining that civil law has to be consistent with natural and divine law. Hobbes more consistently argued that while mortal sovereigns are accountable to God, the power of sovereigns to command is not subject to moral constraints. Underlying Ockham's view of God's sovereignty, and Bodin's and Hobbes's view of earthly sovereigns, is a notion of the will's unconstrained power. But this notion is self-referentially incoherent. This incoherence, in turn, infects the very notion of sovereignty. (shrink)

This article offers a combined reading of Karl Löwith’s and Leo Strauss’s critique of social theory from the point of view of the natural law tradition broadly understood. Within the context of a growing interest in revisiting social theory’s debt to natural law, the piece seeks to unfold the connections between the two traditions without searching to restore any kind of natural law. Rather, it looks at their relationships as one of Aufhebung — the suspension and carrying forward — of (...) natural law premises within modern social theory. The works of these two writers point against conventional wisdom within social theory: Löwith’s secularization thesis calls into question the view of the irreligious nature of modernity’s historical break as well as its faith in immanent progress; Strauss’s reconstruction of natural law (right) gives due credit to the non-religious origins of modernity but at the price of withdrawing even more autonomy from any modern claim to self-assertion. Although some compatibility is recognizable in their critiques, I shall also be arguing that their substantive results point to opposite directions. A critical distance must also be maintained from their interpretations in the spirit of reinvigorating the project of modern social theory. (shrink)

Is there a political philosophy of conservatism? A history of the phenomenon written along sceptical lines casts doubt on the existence of a transhistorical doctrine, or even an enduring conservative outlook. The main typologies of conservatism uniformly trace its origins to opposition to the French Revolution. Accordingly, Edmund Burke is standardly singled out as the ‘father’ of this style of politics. Yet Burke was de facto an opposition Whig who devoted his career to assorted programmes of reform. In restoring Burke (...) to his original milieu, the argument presented here takes issue with 20th-century accounts of conservative ideology developed by such figures as Karl Mannheim, Klaus Epstein and Samuel Huntington. It argues that the idea of a conservative tradition is best seen as a belated construction, and that the notion of a univocal philosophy of conservatism is basically misconceived. (shrink)

As a leading judge of seventeenth century Scotland, Viscount Stair (1619−1695) was a significant public figure in the immediate period before the Scottish Enlightenment. Indeed, he offers a vital but often overlooked insight into the intellectual life of Scotland during his lifetime. However, as Stair never published anything specifically on moral philosophy, this article asks if it is possible to reconstruct a moral theory on his behalf based on his printed legal and theological works. On the assumption that this is (...) feasible, this article examines how Stair’s moral theory relates to the Scottish variant of natural jurisprudence. In response to these questions, the analysis offered here argues that one can constructure answers to central questions of moral philosophy from Stair’s printed works, and further that it is possible to classify his moral theory as an early example of Scottish natural jurisprudence. Although there are acknowledged challenges in reconstructing his moral theory, it is suggested by the argument below that, to fully grasp the intellectual life of seventeenth century Scotland, we may need to engage more deeply with the theological works of seventeenth century Scots as well as adopt resourceful methods to build a picture of seventeenth century ideas relating to morality. (shrink)

While Hegel’s political philosophy has been attacked on the left by republican democrats and on the right by feudalist reactionaries, his apologists see him as a liberal reformer, a moderate who theorized about the development of a free-market society within the bounds of a stabilizing constitutional state. This centrist view has gained ascendancy since the end of the Second World War, enshrining Hegel within the liberal tradition. In this book, Renato Cristi argues that, like the Prussian liberal reformers of his (...) time, Hegel was committed to expand the scope of a free economy and concurrently to ensure that the social practice of subjective freedom did not endanger political stability and order. Aware that a system of mutual advantage failed to integrate the members of civil society and that profound social disharmonies were ineradicable, Hegel adopted the views of the French liberal _doctrinaires_, who sought to realize the principles of the French Revolution by supporting Louis XVIII’s sovereign assertion of the monarchical principle. Not surprisingly, Hegel hailed the French _Charte_ of June 1814 as a beacon of freedom. Endorsement of the monarchical principle was meant to prevent the atomized individuals of civil society from gaining control of the state through appeals to popular sovereignty. This challenges most conventional interpretations of Hegel’s theory of the state and draws it closer to the conservative-authoritarian end of the political spectrum than is usual. (shrink)

Hugo Grotius (1583-1645) [Hugo, Huigh or Hugeianus de Groot] was a towering figure in philosophy, law, political theory and associated fields during the seventeenth century and for hundreds of years afterwards. His work ranged over a wide array of topics, though he is best known to philosophers today for his contributions to the natural law theories of normativity which emerged in the later medieval and early modern periods. This article will attempt to explain his views on the law of nature (...) and related issues while simultaneously providing some broader assessment of his place in the history of ideas. (shrink)

Liberal thought (in the sense of classical liberalism) is based on the juxtaposition of consent to coercion. Autocracy and slavery were seen as based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This paper retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. To answer these 'best case' arguments for slavery and autocracy, the democratic and abolitionist movements forged arguments not (...) simply in favour of consent, but arguments that voluntary contracts to legally alienate aspects of personhood were invalid 'even with consent' – which made the underlying rights inherently inalienable. Once understood, those arguments have the perhaps 'unintended consequence' of making the neo-abolitionist case for ruling out today's self-rental contract, the employer-employee contract. The paper has to also retrieve these inalienable rights arguments since they have been largely lost on the Left, not to mention in liberal thought. (shrink)

In this paper I would like to make a contribution to the debate on rights-talk and duties-talk relationship and priority by addressing the problem from a peculiar angle: that of moral conflicts and dilemma. My working hypothesis is that it should be possible to identify some basic and relevant normative features of rights-talk and duties-talk by observing how they modify the description of moral conflicts. I will try to show that both rights and duties posses original and irreducible normative features, (...) and that these latter can be employed in a general assessment of their pro and con. I will first show the conceptual relationship between rights and duties, analyzing in the process a deflationary argument for rights. Second, I will define the general features of moral conflict and dilemma. I will then analyze the different readings that can be given, taking rights or duties as standpoints, of two kinds of moral conflicts: «asymmetric» and «symmetric» conflicts. (shrink)

The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the common (...) law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)

Esta ponencia se propone demostrar que, para John Locke, el individuo posee derechos inalienables, pero que la misma naturaleza humana tiende a establecer ciertas relaciones de poder que lo esclavizan. La constatación teórica e histórica de este postulado lleva a Locke a sostener que la salida del hombre de esa situación de enfermedad debe liberarlo no de las relaciones de poder, que pueden ser legitimadas, sino de sus propias pasiones que lo llevan a juzgar con parcialidad sus derechos y a (...) intentar someter a otros a los designios de su amor propio. Para ello, el contrato social lockeano busca elaborar un equilibrio entre los derechos inalienables de los hombres y la construcción de un espacio comunitario que haga posible la justicia en las relaciones humanas y, por lo tanto, emancipe al hombre del estado de enfermedad en el que se encontraría si no existiese el poder político. La función del poder político surgido en el contrato social es, pues, la de respetar-reestablecer el equilibrio entre libertad e igualdad que debe primar entre los hombres. (shrink)