Although Hegel is increasingly recognized as an important figure in the history of political economy, his economic views are never strictly economic. In contrast to other modern thinkers, his primary concern is not the economic efficacy of different practices or institutions but the extent to which they enable and promote the development of human freedom. In this article, I argue that Hegel's pioneering critique of modern liberal economy plays out simultaneously at a more empirical level, corresponding to the properly economic (...) dimension of his analysis, and at a deeper, logical level, which grounds and guides his position. Moreover, I argue that the tendency to favour the first of these levels, found in most of the literature on Hegel's economic thought, reduces the Philosophy of Right's main argument to a more or less vigorous plea for economic interventionism. Against this kind of reading, I show that a renewed focus on the text's logical structure reveals a different and more radical philosophical proposition, which has yet to be fully acknowledged. In particular, I argue that Hegel's dialectical logic leads him beyond the liberalism‐interventionism debate, towards a qualitatively different conception of social and economic relations. (shrink)

Patriotism is not commonly associated with freedom. Even less so when Hegel is evoked. By reading Hegel’s concept of patriotism through the lens of revolutionary France, I present a notion of patriotism that is tied to the realization of freedom. This paper demonstrates what happens when Hegel’s philosophy of law is re-read through the political philosophy of the French Revolution itself. Hegel’s Philosophy of Right and its lectures are marked by tensions. The legacy it leaves traces it leaves behind can (...) be re-appropriated to explore the inconclusive hints left by the philosopher. The idea of patriotism is one of them, simply defined as an intersubjective link between the concrete individual and the state or as particular and general interests coinciding. This paper expands this analysis by introducing two elements: Hegel’s discussion on the character of the law and how it comes to be law; and the revolutionary phenomenon itself. The revolutionaries’ views on patriotism and its functions within a revolutionary moment can help us transform the mere traces left by Hegel into a wider vision that incorporates and promotes freedom. (shrink)

In this dissertation I examine the ontological and systematic basis of Hegel’s social and political philosophy. I argue that the structures of the will, discussed in paragraphs five through seven of the Philosophy of Right, present the key for understanding the goal and the argumentative structure of that work. Hegel characterizes the will in terms of the oppositions between the universal and the particular, the infinite and the finite, and the indeterminate and the determinate. Ultimately, he argues that we must (...) grasp the will as the unity of these oppositional moments. The Philosophy of Right presents an extended attempt to grasp this unity. -/- In order to central problem presented by the structure of the will, I argue that we must first recognize the will as the highest instantiation of the more general structures that constitute the notion. On my interpretation, the term ‘notion’ designates Hegel’s doctrine of substance. More specifically, this term presents his conception of substance in terms of categories normally associated with human subjectivity, in terms of representation and purposive action. -/- The will presents the highest or truest instantiation of the notion. Various notions can be ranked along a spectrum in accordance with their degree of success at resolving the basic problem facing all objects – namely the problem of integrating or essentially relating identity and difference through self-constituting activity. The unification of identity and difference presents the central problem or paradox of Hegel’s philosophy. It is a paradox that takes many forms. In this dissertation, I show how change, the structure of judgment, and the nature of the object all exhibit this paradox. I also show how Hegel’s doctrine of the notion develops as a direct response to this paradox. Additionally, I argue that Hegel’s account of the structure of the will – as the unity of the universal and the particular, the unity of the infinite and the finite, and the unity of the indeterminate and the determinate – presents the highest manifestation of the paradox that arises when we seek to explain the unity of identity and difference. (shrink)

It is a commonly held idea that modern and contemporary societies, insofar as they aim to guarantee the principle of pluralism, must remain neutral towards specific moral or religious beliefs. John Rawls sums up this idea by claiming the priority of the right over the good. The aim of this contribution is to critically explore this view in light of Hegel’s 'Elements of the Philosophy of Right'. To this end, I first address the core features of Hegel’s social ontology and (...) the role of recognition in it. I then consider its political implications in detail. My ultimate goal is to provide an alternative account to political liberalism that allows, on the one hand, for a reinterpretation of the concept of a ‘just society’ and, on the other, a reassessment of the role of values in public debate. (shrink)

This chapter discusses the controversy over the legacy of Kantian moral philosophy in Dewey’s German Philosophy and Politics. It argues that the polemical reaction to Dewey’s book by Julius Ebbinghaus, reiterated through Axel Honneth and Ebbinghaus’s student Georg Geismann, is based on talking at cross-purposes. While Dewey’s reading of Kant is, indeed, flawed, Ebbinghaus and Geismann misconceive Dewey’s argumentative intent. Nevertheless, the controversy serves to clarify Dewey’s line of argument and to discuss parallels with and differences from the world war (...) genealogy and the Frankfurt School’s theory of immanent critique. Furthermore, the chapter suggests that the role of Hegel’s Emptiness Charge in German Philosophy and Politics should be considered in light of Dewey’s theory of growth. Accordingly, Dewey’s book is not merely a piece of “world war literature”, first, because its line of argument also appears in books by Dewey, which are surely not part of this category, and second, because the Hegelian Emptiness Charge is a variant of what Dewey calls a philosophical fallacy. (shrink)

Several conflict theorists have appropriated Hegel’s ‘struggle for recognition’ to highlight the healthy dimensions of conflict and to explore ways of reaching reconciliation through mutual recognition. In so doing, some scholars attend to the interpersonal dimension of reconciliation, while others focus on the interstate dimension of reconciliation. This paper argues that both approaches miss important Hegelian insights into the modern state. Hegel understands that freedom must be situated and bounded in order to take a concrete form. He believes that concrete (...) freedom and domestic reconciliation create an atmosphere that can pressure the state to be more confrontational with other states by attaining a stronger individuality. Thus, the common concern about freedom among Hegelian states remains a ‘thin’ version of communication, vulnerable to such factors as national honor or recognition status. Hegel’s challenge urges peace-inspired scholars to explore ways of achieving concrete freedom and domestic reconciliation while simultaneously relieving interstate conflict. (shrink)

With Hegel’s metaphysics attracting renewed attention, it is time to address a long-standing criticism: Scholars from Marx to Popper and Habermas have worried that Hegel’s metaphysics has anti-individualist and authoritarian implications, which are particularly pronounced in his Philosophy of History, since Hegel identifies historical progress with reason imposing itself on individuals. Rather than proposing an alternative non-metaphysical conception of reason, as Pippin or Brandom have done, this article argues that critics are broadly right in their metaphysical reading of Hegel’s central (...) concepts. However, they are mistaken about what Hegel’s approach entails, when one examines the specific types of states discussed by the philosopher in his Philosophy of History. Even on a traditional metaphysical reading, Hegel is not only non-authoritarian; he also makes a powerful argument concerning freedom, whereupon the freest society involves collective oversight and the shaping of social structures so as to ensure that they benefit everybody. (shrink)

En el presente artículo se realiza un análisis de ciertas instituciones fundamentales para la mediación entre el Estado y la sociedad civil, según los Principios de la Filosofía del Derecho de Hegel. Dicho análisis se limita a la esfera privada de la sociedad civil, y por ello se explica especialmente el carácter mediador del sistema de las necesidades, de los estamentos sociales y de la corporación. Se aborda la sociedad civil hegeliana desde el punto de vista del interés privado y, (...) consecuentemente, se analiza, en primer lugar, el sistema de las necesidades y, en segundo lugar, la corporación. El análisis del sistema de las necesidades conduce a desarrollar la mediación del trabajo, de los estamentos sociales y del papel que cumplen en la sociedad civil la administración de justicia y la “policía”, de acuerdo con la Rechtsphilosophie hegeliana. Por su parte, la presentación de la corporación como mediación ética en la esfera privada, lleva a explicar el tipo de reconocimiento intersubjetivo que se produce en este ámbito, así como también la dimensión política intrínseca a la práctica corporativa. (shrink)

This essay discusses Kant and Hegel’s philosophies of action and the place of action within the general structure of their practical philosophy. We begin by briefly noting a few things that both unite and distinguish the two philosophers. In the sections that follow, we consider these and their corollaries in more detail. In so doing, we map their differences against those suggested by more standard readings that treat their accounts of action as less central to their practical philosophy. Section 2 (...) discusses some central Kantian concepts. In Section 3, we take a closer look at the distinction between internal and external action, as found in Kant’s philosophy of morality and legality. In Section 4, we turn to Hegel and his distinctions between abstract right, morality, and ethical life, as well as the location of his account of action within his overall theory of morality. We discuss the distinction between Handlung and Tat, and non-imputable consequences. The overall aims of our essay are to shed light on some puzzles in Kant and Hegel’s conceptions and to examine where their exact disputes lie without taking a stand on which philosophy is ultimately the most satisfactory. (shrink)

Deliberation often begins with the question ‘What do I want to do?’ rather than the question of what one ought to do. This paper takes that question at face value, as a question about which of one’s desires is strongest, which sometimes guides action. The paper aims to explain which properties of a desire make that desire strong, in the sense of ‘strength’ relevant to this deliberative question. Both motivational force and phenomenological intensity seem relevant to a desire’s strength; however, (...) accounting for the strength of a desire in these terms opens up significant indeterminacy about what we want. The paper argues that this indeterminacy is often resolved simply by posing the question ‘What do I want to do?’ to oneself: there is reason to believe that one’s answer will play a verdictive role, partially determining what the agent most wants. Self-reflective beliefs can play a self-fulfilling role, and surprisingly this seems to follow from basic platitudes about the belief-desire model. (shrink)

_Critical essays on Hegel's views concerning the relationship between religion and politics._.

There is no question that Fichte's theory of conscience is central to his system of ethics. Yet his descriptions of its role in practical deliberation appear inconsistent, if not contradictory. Many scholars have claimed that for Fichte conscience plays a material role by providing the content of our moral obligations—the Material Function View. Some have denied this, however, claiming that conscience only plays a formal role by testing our moral convictions in any given case—the Formal Function View. My aim in (...) this paper is to offer a new contribution to this debate. I begin by supplying further evidence in support of the view that conscience only plays a formal function in Fichte's ethics. Then I call attention to a deeper problem this view faces, namely, that it invites an infinite regress by making one's conviction a matter of higher-order reflection. The key to overcoming this threat, I argue, lies in Fichte's doctrine of feeling, whereby the criterion of one's conviction lies, not in a cognitive state, but in an affective state. In closing, I discuss the relevance of Fichte's theory for current debates over the nature of moral error and moral deference. (shrink)

This study compares Philip Pettit’s account of freedom to Hegelian accounts. Both share the key insight that characterizes the tradition of republicanism from the Ancients to Rousseau: to be subordinated to the will of particular others is to be unfree. They both also hold that relations to others, relations of recognition, are in various ways directly constitutive of freedom, and in different ways enabling conditions of freedom. The republican ideal of non-domination can thus be fruitfully understood in light of the (...) Hegelian structure of ‘being at one with oneself (Beisichsein) in another’. However, while the Hegelian view converges with Pettit on non-domination and recognition, their comprehensive theories of freedom are based on radically different metaphysics. One key difference concerns the relationship between freedom and nature, and there is a further difference between Pettit’s (ahistorical) idea of the concept dependence of freedom, and the Hegelian (historical) idea of the conception dependence of freedom. -/- Keywords: Pettit; Hegel; freedom; non-domination; mutual recognition; republicanism; ‘being at one with oneself’; social freedom. (shrink)

Argues that love plays an essential—if often implicit—role in Hegel's mature theory of moral subjectivity and political community.

In this article I present an original interpretation of Roy Bhaskar’s project in Dialectic: The Pulse of Freedom. His major move is to separate an ontological dialectic from a critical dialectic, which in Hegel are laminated together. The ontological dialectic, which in Hegel is the self-unfolding of spirit, becomes a realist and relational philosophical anthropology. The critical dialectic, which in Hegel is confined to retracing the steps of spirit, now becomes an active force, dialectical critique, which interposes into the ontological (...) dialectic at the ‘fourth dimension’ of a naturalistically reconfigured account of relational human nature, agency. This account allows Bhaskar to explain and vindicate the crucial role social criticism must play in any realistic project of self-emancipation, and to create a space that didn’t exist in Hegel for an open-ended concrete utopianism. Freedom is thus the actualization of human nature, but is not automatic: the relation of human nature to freedom is mediated historically through dialectical critique, which, informed by concrete utopianism, can have emancipatory power. Content Type Journal Article Category Article Pages 13-44 Authors Craig Reeves, Brunel University Journal Journal of Critical Realism Online ISSN 1572-5138 Print ISSN 1476-7430 Journal Volume Volume 12 Journal Issue Volume 12, Number 1 / 2013. (shrink)

There is a remarkable and surprising connection to be found between an argument of Søren Kierkegaard’s and one of Zhuangzi’s—what I call the ‘social misfit’ critique. I will argue that this connection highlights a hitherto unacknowledged parallel between the moral thought of their respective targets: Hegel in the case of Kierkegaard and Confucius in the case of Zhuangzi. Specifically, it reveals a significant parallel between Hegel’s movement from Moralitat to Sittlichkeit and Confucius’ position on the central and irreducible role of (...) li (ritual or propriety) in morality. I will begin by briefly tracing the ‘social misfit’ critique as it is found in Kierkegaard’s Fear and Trembling and in the Zhuangzi. In Section 2, I will sketch Hegel’s argument for the indispensability and irreducibility of social norms (Sittlichkeit) for morality, and reflect on the implications of this move for the possibility of social criticism. Finally, I will argue that Confucius can be understood as articulating a vision of morality and of social criticism very close to Hegel’s. (shrink)

Someone once told me that the average number of readers of a philosophy article is about six. That is a particularly depressing thought when one takes into account the huge influence of certain articles. When I think of, say, Gettier's article on knowledge, or Quine's ‘Two Dogmas’, I begin to wonder whether anyone is ever likely to read anything I write. Usually the arguments of these very influential articles have been subjected to widespread analysis and interpretation. The case of Elizabeth (...) Anscombe's ‘Modern Moral Philosophy’, published in 1958, is something of an exception. That article has played a significant part in the development of so-called ‘virtue ethics’, which has burgeoned over the last three decades in particular. But there has been less close attention to its arguments than one might have expected. (shrink)

Søren Kierkegaard's thesis, "The Concept of Irony", contains an interesting critique of pure irony. Kierkegaard's critique turns on two main claims: (a) pure irony is an incoherent and thus, unrealizable stance; (b) the pursuit of pure irony is morally enervating, psychologically destructive, and culminates in bondage to moods. In this essay, first I attempt to clarify Kierkegaard's understanding of pure irony as "infinite absolute negativity." Then I set forth his multilayered critique of pure irony. Finally, I consider briefly a distinctly (...) theological component in Kierkegaard's critique. I argue that this feature of Kierkegaard's account can and should be distinguished from the broadly ethical critique of pure irony that I sketch in the second section, even if these components of Kierkegaard's position are found together as a unified whole in "The Concept of Irony". My overall goal in this essay is to reveal the subtlety and plausibility of Kierkegaard's critique of pure irony. I also attempt to disclose the richness of the Hegelian account of ethical life to which Kierkegaard recurs in his thesis. (shrink)

: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

Being a subject and being conscious of being one are different realities. According to Hegel, the difference is not only conceptual, but also influences people's experience of the world and of one another. This book aims to explain some basic aspects of Hegel's conception of subjectivity with particular regard to the difference he saw in ancient and modern ways of thinking about and acting as individuals, persons and moral subjects.

When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked (...) argument satisfies the first half of a thesis Hegel applies to action in the Encyclopaedia Logic, namely, that the outer must be inner, and thus provides a necessary complement for his more explicit treatment of the second half of that thesis, that the inner must be outer. The claim that agents are only responsible for what they intended to do might appear, at first, to risk conflating legal and moral responsibility and to lack the necessary means to deal with the phenomenon of moral luck, but I argue that if it is properly situated within the whole of Hegel's philosophy of action it can be saved from both of these consequences and so take its place as an essential component of Hegel's full theory of moral responsibility. (shrink)

On a standard philosophical conception, being autonomous is roughly equivalent to having some particular natural capacity. This paper provides argues that this conception is incorrect, or at least incomplete. The first chapter suggests that adopting an alternative conception of autonomy promises to resolve to several objections to the metaethical constitutivism, and so promises to provide highly desirable theory of moral reasons. The second chapter first motivates a broadly Kantian account of autonomous action, and then gives reasons to think that Kant's (...) own development of this theory runs into damaging action-theoretic problems. The way to address these problems, I argue, is to modify Kant's account of autonomy in a way that leaves no room for the standard conception of autonomy to do any work. (shrink)

Hegel’s practical philosophy has important insights for understanding the ethical role of the firm in modern society. From a broadly Hegelian perspective, the firm’s role in society is to facilitate freedom, that is, the concrete realization of rational agency. It does this by providing the institutional structures, norms, practices, and modes of discourse necessary for individuals to link their subjective aims with objectively valid societal aims, embodied in the firm’s purpose. Accordingly, I first present a Hegelian account of the link (...) between action and social structure, before arguing that the firm, when it functions properly, enables individuals to express their capacity for rational agency within concrete social contexts. I then draw upon Paul Adler’s Marxist analysis of the development of organizational structures and processes to support the viability of a broadly Hegelian account of the firm within a contemporary economic context. I conclude by outlining a number of practical implications of this account, before explaining its implications for two prominent theories of business ethics, the MacIntyrean perspective, and the Market Failures Approach. (shrink)

Georg Wilhelm Friedrich Hegel was one of the philosophic giants of the nineteenth century. Well versed in both ancient and more recent philosophical tracts, he rejected the individualism of Hobbes and Locke, as well as their notion that the state was an agency set up in the first place to protect life and property, and, drawing inspiration from Aristotle, outlined a vision of the state as an agency bound, in the first place, to protect the weak and the powerless. Hegel (...) further rejected Kant’s individualistic ethics and counseled that ethical behavior had to be understood as taking place in a social context, with real duties toward other people. For Hegel, an individual had rights and duties within the context of the family, in the community, and, as a citizen, vis-à-vis the state. He emphasized the network of duties in which each individual finds himself, urging political moderation and concern for the good of the entire community. He has been condemned as a proto-totalitarian, lauded as a democrat of sorts, and described variously as liberal, anti-liberal, authoritarian, conservative-monarchist, and constitutionalist. This essay will argue that Hegel came to champion a constitutional-legal order under an autocratic monarch, with protection for liberal values. The absolute authority of the monarch, thus, was limited to those powers which he needed in order to advance and protect the interests of the citizens of the realm. (shrink)

The Norwegian high-school drama series Skam is produced and published by the Norwegian Broadcasting Corporation, a publicly funded institution distinguished by an explicit obligation to the public interest, not only serving their audience as consumers but even as citizens. Generally, the normativity expressed in Skam may be summarized by treating all with respect, involving not only moral considerations of what is right, but also ethical conceptions of what is good, offered, opened up and obstructed by the living social order established (...) there. In season three, given attention here, the plot revolves around issues concerning same-sex relationships, mental disorder and religion. Here Skam becomes interesting for the field of moral education, elaborating on how to encounter the challenges of pluralistic societies that undergo continuous changes and in which common values have become open questions. In this paper attention is drawn toward Skam’s ethical dimension, considering Skam as an instance of public moral education. Faced with tensions, hindrances and conflicts, the norm of treating all with respect, irrespective of how trivial it may appear outside of context, becomes loaded with meaning, while the actualization of the good life is at risk. Appalling is the way hegemonic religion is transformed in the living social order. Decisive is the active role taken by the youths in the series, recontextualizing the norm. The social order here is not a static, given condition, but a continuous, moving, cultivating project. In that respect, a certain democratic aspect of the public moral education of Skam also becomes visible. Together, the youths portrayed in the series seem to accommodate a variety of expressions of life emerging within their community. (shrink)

I argue that the reception of Hegel in the sub-field of history and philosophy of science has been in part impeded by a misunderstanding of his mature metaphilosophical views. I take Alan Richardson’s influential account of the rise of scientific philosophy as an illustration of such misunderstanding, I argue that the mature Hegel’s metaphilosophical views place him much closer to the philosophers who are commonly taken as paradigms of scientific philosophy than it is commonly thought. Hegel is commonly presented as (...) someone who conceived of philosophy as a science that relied on the solitary genius of the individual thinker, and as a science whose propositions could not and should not be made accessible to “the common people”. Against this view, I argue that Hegel in fact thought that philosophy was a thoroughly anti-individualistic activity, and that he emphasized the importance of the intersubjective accessibility of philosophical discourse. I argue that when we carefully reconstruct Hegel’s reasons for his break with Schelling, and if we pay close attention to his explicit metaphilosophical pronouncements, we can see that he in fact adhered to what I call a “proto-modernist” conception of philosophy as a science. I conclude by pointing out how the mischaracterization of Hegel has served to obscure the existence of a strand of scientific philosophy that emerged by way of an immanent critique of Hegel, namely Marxist philosophy. (shrink)

We can distinguish two kinds of moral universalization tests for practical principles. One requires that the universal practice of the principle, i.e., universal conformity to it by all agents in a given world, satisfies some condition. The other requires that conformity to the principle by any possible agent, in any situation and at any time, satisfies some condition. We can call these universal practice and universal applicability tests respectively. The logical distinction between these tests is rarely appreciated, and many philosophers (...) systematically confuse them with each other. In practice, UP tests are more frequently used to defend deontological norms, while UA tests are used to defend consequentialist norms. Both conceptual argument and practical examples of their applications will show that UA tests are decisively superior to UP tests for grounding moral norms, casting greater doubt upon deontological theories which rely upon the latter unless they can reformulate their arguments using some version of a UA test. (shrink)

In this essay I offer a reading of Fear and Trembling that responds to critiques of Kierkegaardian ethics as being, as Brand Blanshard claims, “morally nihilistic,” as Emmanuel Levinas contends, ethically violent, and, as Alasdair MacIntyre charges, simply irrational. I argue that by focusing on Isaac's singularity as the very condition for Abraham's “ordeal,” the book presents a story about responsible subjectivity. Rather than standing in competition with the relation to God, the relation to other people is, thus, inscribed into (...) this very relation. Fear and Trembling, I contend, advocates a bidirectional responsibility that is constitutive of subjectivity itself and, as such, actually resonates with certain aspects of Levinasian ethics. I conclude by suggesting that Abraham's ordeal is not due to the conflict between a nonreligious duty and the duty to God, but instead reflects a tension that is internal to the life of faith itself. (shrink)

Examines Hegel’s unique understanding and assessment of capitalism as an economic, social, and cultural phenomenon.

A new book by Stephen Engstrom repeats a criticism of Bruce Aune's of Kant's derivation of the universalizability formula of the categorical imperative. The criticism is that Kant omitted at least one substantive premise in the derivation of the formula: ‘Act only on that maxim through which you can at the same time will that it become a universal law.’ The grounds for the formula that are given in the Groundwork of the Metaphysics of Morals, however, are said to support (...) only a weaker requirement, namely, that a maxim conform to a universal law. Hence, Kant omits at least one necessary substantive premise of the derivation. This paper attempts to show that nothing substantive is omitted from the argument. It only needs two principles of inference that it is assumed add nothing substantive to the premises. (shrink)

"Raymond Geuss is a major voice in contemporary philosophy, and this book will enhance his stature even further. Containing some of his best pieces so far, "Outside Ethics" reveals his impressive range as well as the depth of his thought.

Two arguments apparently support the thesis that collective identity presupposes an Other: the recognition argument, according to which seeing myself as a self requires recognition by an other whom I also recognize as a self (Hegel); and the dialogic argument, according to which my sense of self can only develop dialogically (Taylor). But applying these arguments to collective identity involves a compositional fallacy. Two modern ideologies mask the particularist thesis’s falsehood. The ideology of indivisible state sovereignty makes sovereignty as such (...) appear particularistic by fusing “internal” with “external” sovereignty; nationalism imagines national identity as particularistic by linking it to sovereignty. But the concatenation of internal sovereignty, external sovereignty, and nation is contingent. Schmitt’s thesis that “the political” presupposes an other conflates internal and external sovereignty, while Mouffe’s neo-Schmittianism conflates difference (Derrida) with alterity. A shared global identity may face many obstacles, but metaphysical impossibility and conceptual confusion are not among them. (shrink)

The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection of individual (...) expression by means of marketable property rights in authors’ works serves as an engine of progress towards a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights – and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the possibility of a free culture. (shrink)

The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of (...) the concept of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed issue of justifying legal punishment. (shrink)

This paper shows how moral concepts are definable in terms of reasons for the blame sentiment. It then shows how, given that definition, the categoricity of moral obligation follows from some plausible principles about reasons for blame. The nature of moral agency is further considered in this light. In particular, in what sense is it self-governing agency? Self-governing actors must be at least self-determining: that is, they must be able to think about what reasons they have, in order in order (...) to assess what they have sufficient reason to believe, feel, or do. Thus any moral assessment implies that the person assessed is capable of self-governance in that sense. Furthermore, this notion of self-governance implies that an agent's moral obligations are relative to the agent's warranted beliefs. However it does not entail that moral agents must be autonomous, in the strong sense intended by Kant. Some consequences for modern conceptions of morality are considered. (shrink)

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

This paper argues that Hegel's depiction of knowledge, as presented in the Encyclopaedia philosophy of subjective Spirit, is founded on what he deems to be the practical interests of self-consciousness. More specifically, it highlights the significance of the will in Hegel's understanding of the cognitive process. I begin with a survey of the relation between category-formation and the notion of self-determining freedom in the Logic , and therewith draw attention to the unity of thinking and willing in the Concept. I (...) then indicate how Hegel's philosophy of subjective Spirit should be read as the applied logic of the Concept, according to which the socially constituted self-conscious I seeks to realise its claims to freedom through its theoretical cognitions of objects. As part of what could be called Hegel's integrative theory of the faculties, I finally argue that the will underscores both the determinate character of our theoretical cognitions and the reflexivity of knowledge in general. On this score, I maintain that Hegel, whose relation to Kant and Fichte I also consider, is of the view that it is with reference to willing that we can account for the self-referential nature of reason in toto as the actualised unity of theoretical-practical subjectivity. (shrink)

Outside Ethics brings together some of the most important and provocative works by one of the most creative philosophers writing today. Seeking to expand the scope of contemporary moral and political philosophy, Raymond Geuss here presents essays bound by a shared skepticism about a particular way of thinking about what is important in human life--a way of thinking that, in his view, is characteristic of contemporary Western societies and isolates three broad categories of things as important: subjective individual preferences, knowledge, (...) and restrictions on actions that affect other people. He sets these categories in a wider context and explores various human phenomena--including poetry, art, religion, and certain kinds of history and social criticism--that do not fit easily into these categories. As its title suggests, this book seeks a place outside conventional ethics.Following a brief introduction, Geuss sets out his main concerns with a focus on ethics and politics. He then expands these themes by discussing freedom, virtue, the good life, and happiness. Next he examines Theodor Adorno's views on the relation between suffering and knowledge, the nature of religion, and the role of history in giving us critical distances from existing identities. From here he moves to aesthetic concerns. The volume closes by looking at what it is for a human life to have "gaps"--to be incomplete, radically unsatisfactory, or a failure. (shrink)

Hegel’s theory of freedom is complex and sweeping, and while most interpreters of Hegel will readily agree that it is the centerpiece of his political philosophy, perhaps also of his social philosophy and philosophy of history, they will just as readily disagree about what exactly the theory claims. Such interpretive disagreements have fueled, in large part, the resurgence of interest in Hegelian philosophy over the last few decades.