Several democratic theorists have recently sought to vindicate the ideal of equal political power (“political equality”) by tying it to the non-derivative value of egalitarian relationships. This chapter critically discusses such arguments. It clarifies what it takes to vindicate the ideal of political equality, and distinguishes different versions of the relational egalitarian argument for it. Some such arguments appeal to the example of a society without social status inequality (such as caste or class structures); others to personal relationships among equals, (...) like friendship. Each strategy faces problems. After discussing what social status consists in, the chapter argues that social status equality does not require an equal distribution of power, but only that unequal distributions are not justified on grounds incompatible with the citizens’ fundamental equal moral standing. By contrast, personal relationships among equals do require equal power; but establishing that their norms apply to our political community is challenging. (shrink)

Nietzsche famously proclaimed the “death of God,” but in so doing it was not God’s death that was really notable—Nietzsche assumes that most reflective, modern readers realize that “the belief in the Christian god has become unbelievable” —but the implications of that belief becoming unbelievable, namely, “how much must collapse now that this faith has been undermined,” in particular, “the whole of our European morality”. What is the connection between the death of God and the death of morality? I argue (...) that Nietzsche thinks the death of God will undermine the “moral egalitarianism” that is central to modern morality, in both its deontological and utilitarian forms. I offer an account of how Nietzsche sees the connection, arguing that no one has yet offered a nontheistic defense of moral egalitarianism. I conclude with some skeptical considerations about whether Nietzsche was right that atheism would, in fact, undermine morality. (shrink)

This paper investigates Locke’s views about materialism, by looking at the discussion in Essay IV.x. There Locke---after giving a cosmological argument for the existence of God---argues that God could not be material, and that matter alone could never produce thought. In discussing the chapter, I pay particular attention to some comparisons between Locke’s position and those of two other seventeenth-century philosophers, René Descartes and Ralph Cudworth. -/- Making use of those comparisons, I argue for two main claims. The first is (...) that the important argument of Essay IV.x.10 is fundamentally an argument about the causation of perfections. Indeed, Locke gives multiple such arguments in the chapter. My second main claim is that my proposed reading of IV.x is not merely consistent with what Locke says elsewhere about superaddition, but also provides reasons to favor a particular understanding of what superaddition is. (shrink)

La relación entre patrimonio y derechos políticos en la obra de John Locke ha sido ampliamente discutida. Por un lado, se encuentran posiciones como las de Kendall y Tully que atribuyen un carácter democrático a la concepción lockeana sobre la sociedad civil. Por otro, interpretaciones como las de Ashcraft que le asignan un sesgo revolucionario e igualitario, próximo a la concepción de los Levellers. Sin embargo, a la luz de una serie de documentos, es posible discutir estas interpretaciones, como ya (...) lo han hecho diversos intérpretes parcialmente. Se mostrará aquí que Locke supone que la discusión parlamentaria compete a quienes, representando a los diferentes sectores productivos, discuten la promoción de sus actividades y que los trabajadores, al no disponer de la formación necesaria para la discusión sobre los asuntos públicos, no son considerados para participar del ejercicio parlamentario sino sólo de una resistencia excepcional. (shrink)

Libertarians have long been divided over how best to interpret the Lockean proviso, which requires that one leave “enough and as good” in common for others after one’s appropriation. This article sheds light on this exegetical question in relation to its qualitative part through a contextual analysis of Locke’s often neglected writings on ….

Este artículo estudia la aplicación de la ley de la naturaleza en el estado de naturaleza. En este sentido, se analizará la definición abstracta de libertad, su correspondencia con el concepto práctico de libertad natural y la oposición de este último con la esclavitud que supone nacer sometido a un gobierno despótico. Posteriormente, se considerará la potestad de infringir castigos bajo pena capital y su derivación, a través de la guerra justa, en la figura de esclavitud legítima. De este modo, (...) se plantearán las tensiones que surgen al contrastar la crítica del absolutismo y la conquista con la legitimación de un poder privado despótico. (shrink)

As an advocate of ‘comparative political theory,’ Fred Dallmayr has long engaged with Confucianism with a new vision for democracy suitable in East Asia but little attention has been paid to his idea of Confucian democracy, which he presents as a specific mode of ethical or relational democracy. This paper investigates Dallmayr’s ethical vision of Confucian democracy, first, by articulating his postmodern reconceptualization of democracy in terms of post-humanism and, second, by examining his post-humanist reevaluation of Confucian virtue ethics as (...) a critical resource for ethical democracy. It argues that the ethical vision of Confucian democracy, though morally appealing, should not dismiss the important instrumental value of democracy as a political system and, rather, find a way to integrate democracy’s instrumental and intrinsic values in a way that can enhance the qualitative relationality between people, political agents, and the common good. (shrink)

Temporary workers stand to gain from temporary migration programs, which can also benefit sender and recipient states. Some critics of temporary migration programs, however, argue that failing to extend citizenship rights or a secure pathway to permanent residency to such migrants places them in an unacceptable position of domination with respect to other members of society. We shall argue that access to permanent residency and citizenship rights should not be regarded as a condition for the moral permissibility of such programs. (...) Instead we will focus on the essential protections that must be extended to all migrant workers, irrespective of the length of their migration project. (shrink)

There is widespread opinion that, notwithstanding deviations, the political life of humanity on a large scale is on the path of progress, and humans are becoming freer and more enlightened with time. I am going to contend with this opinion, namely, with a part of it telling that the prevailing mass of the people strives to achieve more freedom and enlightenment. On the opposite, freedom, individual independence, and political rights are of minor importance to the mass. The ideology of liberalism (...) in its classical form, as created by John Locke, Immanuel Kant, John Stuart Mill and others, yields to the pressure of the ideology of state paternalism. The pressure comes not only from above ; the people also welcome more paternalism. They appear not to value their individual freedom and independence, and they are inclined to give them up voluntarily to some mighty organization such as the state in exchange for care, protection and leadership. Liberalism has played an important role in the development of human civilization and the formation of the Western world, but new ideologies and political practices are pushing it out of people’s minds. For the author, as adherent of classical liberalism, this is unfortunate. However, I wish to treat this issue realistically, even if the facts conflict with my own convictions and desires. (shrink)

Creo que la defensa de John Locke del derecho a castigar está en tensión con su defensa de la igualdad humana. El propósito central de este artículo es mostrar que esta tensión podría ser resuelta si la justificación del derecho a castigar de Locke se basa en el concepto de confianza. Este concepto es claramente usado por Locke para justificar el derecho de resistencia. Pienso que también es posible usarlo para justificar la existencia del derecho a castigar. Pero, incluso si (...) esta justificación fuera exitosa, algunos problemas permanecen. I believe that John Locke's defense of the right to punish is in tension with his defense of human equality. The main purpose of this article is to show that this tension could be resolved if Locke's justification of the right to punish is based on the concept of trust. This concept is clarley employed by Locke to justify the right of resistance. I think that it is possible to use it also to justify the existence of the right to punish. But, even if this justification were succesful, some problems remain. (shrink)

This article asks about the justification for the principle of political equality in the sense of equal entitlement to basic rights. A preliminary portion criticizes standard justifications that refer to a property or properties all human beings share; these fail because they are untrue, irrelevant, or question-begging. The more substantial and constructive portion of the article then argues for a different, indirect mode of justification, based on rebuttals of historical presumptions of inequality and the actual evolution of the idea of (...) equality through partial steps and specific precedents. The justification of political equality is thus connected to the explanation of its emergence. (shrink)

The expiration of intellectual property rights has been seen to amount to a problem for non-consequentialist theories of intellectual property. In this article, I assess whether the difficulty is real. I maintain that, as things are at least, there is no sufficient reason to believe that the termination of intellectual property rights is an insurmountable problem for non-consequentialist theories of intellectual property rights.

Although John Locke’s theory of appropriation is undoubtedly influential, no one seems to agree about exactly what he was trying to say. It is unlikely that someone will write the interpretation that effectively ends the controversy. Instead of trying to find the one definitive interpretation of Locke’s property theory, this article attempts to identify the range of reasonable interpretations and extensions of Lockean property theory that exist in the contemporary literature with an emphasis on his argument for unilateral appropriation. It (...) goes through Locke’s argument point-by-point discussing the controversy over what he said and over what he perhaps should have said to make the most valuable and coherent argument. The result is an outline of Lockean theories of property: a menu of options by which one might use appropriation to justify property rights. Supporters only need to pick the version they find most plausible, but opponents should be aware of the entire menu. Anyone claiming to refute appropriation-based property rights must address not only one but all potentially valid versions of it. (shrink)

La teoría de la propiedad de Locke tiene como escenario el estado de naturaleza, cuyo correlato empírico es la colonización inglesa de América. Este es el supuesto que permite articular la apelación a la teología para fundar la propiedad privada de modo unilateral y en cualquier lugar del mundo; el desplazamiento del criterio de necesidad a la teoría del valor para justificarla; así como el supuesto de abundancia que la hace posible sin requerir pacto político ni consenso social. En este (...) sentido, si su teoría de la propiedad resultó esencial para legitimar el liberalismo que moldeó América desde la colonización inglesa y la Constitución norteamericana, el hecho de que América sea el ejemplo para su teórico más temprano y destacado, permite comprender mejor el carácter esencial de la relación entre liberalismo y colonialismo. Locke's theory of property appears in the context of the state of nature, whose empirical correlate is the English colonization of America. This is the basis upon which three elements can be articulated: the appeal to theology in order to found unilaterally private property anywhere in the world; the change from the criterion of necessity to the theory of value to justify private property; and the assumption of abundance which makes it possible without having recourse to political pact or social consensus. In this sense, if Locke's theory of property has come to be essential to legitimize the liberalism which modelled America since the English colonization and the American constitution, the fact that America is the example for its earliest and most distinguished theorist, allows to a better understanding of the essential nature of the relationship between liberalism and colonialism. (shrink)

In this paper I assess the possibility of advancing a modern conception of social justice under neo-Aristotelian lights, focussing primarily on conceptions that assert a fundamental connection between social justice and eudaimonia. After some preliminary remarks on the extent to which a neo-Aristotelian account must stay close to Aristotle’s own, I focus on Martha Nussbaum’s sophisticated neo-Aristotelian approach, which I argue implausibly overworks the aspects of Aristotle’s thought it appeals to. I then outline the shape of a deeper and more (...) general, and as yet unanswered, problem facing neo-Aristotelian accounts: how to justify the claim that the point of a just society is to assist or enable its members to flourish. (shrink)

The subject of this paper is the relationship between marriage and equality in Giambattista Vico. In his writings Vico gives the notion of marriage a unique importance, not framed on any oversized notion of nature or natural law but on the political fight for the right to marry (a quest for full citizenship status). The right to marry is linked with complex dynamics of human equality, and to a notion of human nature shaped by belief-dependent institutions.

Classic theories of religious toleration from the 17th century regularly made exceptions for various categories of people such as Catholics and atheists who need not be tolerated. From a contemporary perspective these may be understood as blind spots because at least some of us would argue that these exceptions were not necessary. This essay explores the toleration theories of John Milton, Benedict de Spinoza, Denis Veiras, John Locke and Pierre Bayle in order to assess whether they actually called for such (...) exceptions and whether those exceptions were justifed or were in fact blind spots. It concludes with some reflections on what our own blind spots may be, and whether we can see around them. (shrink)

This essay disputes one of the central claims in Jeremy Waldron?s God, Locke, and Equality (2002), that being the claim that Locke?s arguments about species in An Essay Concerning Human Understanding undercut his assertions about the equality of the human species as a matter of natural law in Two Treatises of Government. It argues, firstly, and pace Waldron, that Locke?s view of natural law is foundational to his view of man, not vice versa, and, secondly, that Two Treatises is written (...) in an idiom different from Locke?s philosophical writings, such that directly transposing the ideas discussed in one idiom to the other is as confused as it is confusing. After providing a new account of the relationship between Locke?s philosophy and his views of morality, politics and religion, the essay concludes that Waldron fails to grasp the style and structure of Locke?s thinking, and so cumulatively misunderstands and distorts Locke?s views about moral identity, toleration, religion and politics alike. (shrink)

In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will draw (...) out these arguments by comparing three images of politics that employ the human body: Hobbes’ frontispiece is compared firstly with an earlier picture of the state, the illustration of the Fable of the Belly, and then with a later Rawlsian image of the social contract described above. At stake is Hobbes’ view of two associated concepts: authorship and authority. I argue that Hobbes’ image is a vivid portrayal of a ‘persona covert’, akin to the feme covert, a wife characterised in common law as so dominated by her husband that she is imagined as being ‘covered’ by his body. (shrink)

Almost all scholars of the Enlightenment consider Hobbes, Spinoza, and Locke as the founding theorists of the “secular modern state.” In contrast to the widely held view of the modern state, I argue that far from being “secular” it was the product of the sacralization of politics, which resulted from the way these philosophers interpreted the Scriptures as part of their philosophical inquiries. The analysis of the “linguistic turn” in their biblical interpretations reveals how they tried to undermine the power (...) of the Church to claim greater freedoms for the state. Their philosophical inquiries initiated the secularization of the Christian religion and the sacralization of politics as two correlative developments, rather than the secularization of the state per se, as is usually supposed. The philosophical arguments proposed by Hobbes, Spinoza, and Locke helped to resolve the religious battles of Europe’s many confessions in the seventeenth and eighteenth centuries, but are still pertinent to our c... (shrink)

A fin de especificar las formulaciones generales de T. T. acerca de los actores sociales y económicos, se analizarán aquí ciertas propuestas jurídicas y normativas de John Locke. La lectura de la propuesta de una nueva ley de pobres y de la desregulación de la tasa de interés , permitirá dar cuenta de la articulación que Locke establece por un lado entre dejar hacer a los agentes empresarios y proteger la balanza comercial y, por el otro, el disciplinamiento y la (...) regulación de los trabajadores. (shrink)

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non-coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests (...) that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity. (shrink)

This article introduces the idea of ‘dependence subtexts’ to explain how the stories that we encounter in property theory and public rhetoric function to make some actors appear ‘independent’, and thus capable of acquiring property in their own right, while making other actors appear ‘dependent’ and thus incapable of acquiring property. The argument develops the idea of ‘dependence subtexts’ out of the work of legal scholar Carol Rose and political theorist Carole Pateman, before using it as a tool for contrasting (...) the canonical property stories of John Locke and Pierre-Joseph Proudhon. We argue that the link between property and dependence provides a useful starting point for understanding issues of economic justice that share a common political problem: how do we choose to govern the relation between dependence and independence through the institution of property? (shrink)

C.B. Macpherson's “Possessive Individualist” reading of Locke is one of the most radical and influential interpretations in the history of exegesis. Despite a substantial critical response over the past five decades, Macpherson's reading remains orthodox in various circles in the humanities generally, particularly in legal studies, and his interpretation of several crucial passages has unwittingly been followed even by his sharpest critics within Lockean scholarship. In order to present the definitive rebuttal to this interpretation, and so finally to lay it (...) to rest, I argue that every one of Macpherson's key pieces of textual evidence can be rejected entirely on its own terms; that is, by reference to no more than its immediate context. In this way I contend that fault of the Possessive Individualist reading lies far deeper than mere cherry-picking of the Lockean corpus, but centrally involves misreading, misplacing and misrepresenting the very parts of Locke's work Macpherson cites as evidence for his reading. (shrink)

There is an apparent problem in identifying a basis for equality. This problem vanishes if what I call the ‘intuited response’ is successful. According to this response, there is no further explanation of the significance of the feature in virtue of which an individual matters, beyond the bare fact that it is the feature in virtue of which an individual matters. I argue against this claim, and conclude that if the problem of identifying a basis for equality is to be (...) resolved, it is necessary to defend a substantive account of the independent significance of some feature. (shrink)

This article argues that protection of the environment requires reconsidering basic liberal ideas relating to value and growth. It selects a central thinker in the liberal tradition, John Locke, as a starting point. The article first shows how Locke’s political writings at first glance might support a “possessive individualist” position that gives primacy to individuals and their rights to property in a way that blocks governmental action to protect the environment, much as some modern versions of liberalism and libertarianism maintain. (...) However, there are other aspects of Locke’s writings that undermine this position. In particular, a reconsideration of his views on private property in combination with his views on the harm principle, the common good, and future generations can support the position that an individual’s right to exploit nature is indeed limited. These elements of Locke are strengthened considerably if Locke’s view of nature is updated by reconsidering nature as composed of ecosystems and as providing ecosystem goods and services. That land should continue to produce abundantly is foundational to Locke, and the failure to protect the ecosystems that provide key services supporting this abundance harms both the property of others and the viability of society: preservation of these constitute a collective good that transcends the individual good. The protection of ecosystem services also works to protect the value of individual holdings as well as the value of land still held in common. Finally, Locke’s writing supports the view that it is the role of government to act to protect the abundance of nature, even against the wishes of an individual property owner.Article first published online: 25 Feb 2017. (shrink)

Locke's conceptualization of sovereignty and its uses, combining theological, social, and political perspectives, testifies to his intellectual profundity that was spurred by his endeavour to re-traditionalize a changing world. First, by relying on the traditional, personalistic notion of polity, Locke developed a concept of sovereignty that bore the same sense of authority as the “right of commanding” attributable only to real persons. Second, he managed to reconcile the unitary nature of sovereignty with the plurality of its uses, mainly through a (...) conception of the dual, vertical separation of functions, which implied degrees rather than kinds of sovereignty. While absolute sovereignty belongs to God, Locke argued, relative sovereignty, separated into “potential” and “actual” sovereignty, is vested in the community on the grounds of the Edenic testament with God. The community, established by a fundamental, single contract, is divided into “society”—to fulfil the function of legislation, which signifies the potential sovereignty of the community, so as to cultivate common law , and into “government”—to undertake the execution, which signifies the actual sovereignty of the king, of common law so as to procure common wealth. (shrink)

Locke, además de justificar un derecho natural a la propiedad privada, también sostiene que todos los hombres tienen un derecho natural a la caridad. En el presente trabajo me propongo defender la hipótesis de que el derecho a la caridad postulado por Locke se explica por la presencia en su teoría de la propiedad de elementos procedentes de la teología cristiana. Cumpliría la función de garantizar que, en el contexto de una economía monetizada donde los individuos son, además, desigualmente industriosos, (...) se cumpla el designio divino de que todos los hombres dispongan de medios para preservarse. (shrink)

Since the late 1960s Quentin Skinner has defended a highly influential form of linguistic contextualism for the history of ideas, originally devised in opposition to established methodological orthodoxies like the `great text' tradition and a mainly Marxist epiphenomenalism. In 2002, he published Regarding Method, a collection of his revised methodological essays that provides a uniquely systematic expression of his contextualist philosophy of history. Skinner's most arresting theoretical contention in that work remains his well-known claim that past works of political theory (...) cannot be read as contributions to `perennial' debates but must instead be understood as particularistic, ideological speech acts. In this article I argue that he fails to justify these claims and that there is actually nothing wrong at all with (where appropriate) treating past works of political theory as engaged in perennial philosophical debates. Not only do Skinner's arguments not support the form of contextualism he defends, their flaws are actually akin to those he identified in his critique of previous methodological orthodoxies. (shrink)