American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme (...) Court upheld the constitutionality of a public nuisance statute that authorized the government to abate a car-owner’s property interest, even though there had been no showing of negligence or wrongdoing on the part of the owner herself. Referring to this country’s “longstanding practice” of in rem forfeiture proceedings, the Court held that abatement under the Michigan statute neither offended due process nor violated the Fifth Amendment’s prohibition against takings without just compensation. By basing its decision on precedent, the Court prudently resisted the temptation to legislate from the bench. The Court also reached the right result in denying relief to Mrs. Bennis. Unfortunately, the Court’s appeal to past practice did not adequately address the constitutional concerns raised by the case. If the Court had said more about the traditional purpose and limits of in rem forfeitures, it could have addressed these concerns, while still avoiding the dangers of judicial activism. (shrink)

The first two thirds or so of this book is a thorough, severe, and at times somewhat difficult, philosophical analysis and critique of atheistic naturalistic answers to “What caused the Big Bang?” Most contemporary astrophysicists accept one of the following non-theistic accounts of the origin of the Big Bang: Steady State, Plasma, Oscillationist, Big Fizz, Big Divide, Quantum Observership, Big Accident, Atheistic Anthropic, and Plenitude cosmologies. The last third or so of the book develops a highly plausible theistic process cosmology (...) which includes creation ex nihilo. This book critically explores answers to the big question, What produced our universe around fifteen billion years ago in a Big Bang? It defends and revises Process Theology and develops contemporary arguments for God's existence based on the universe's life-supporting order and contingent existence. (shrink)

In his Edifying Discourses, Soren Kierkegaard published a sermon entitled ‘The Unchangeableness of God’ in which he reiterated the dogma which dominated Catholic, Protestant and even Jewish expressions of classical supernaturalist theology from the first century A.D. until the advent of process theology in the twentieth century. The dogma that as a perfect being, God must be totally unchanging in every conceivable respect was expressed by Kierkegaard in such ways as: He changes all, Himself unchanged. When everything seems stable and (...) in the overturn of all things, He remains equally unchanged; no change touches Him, not even the shadow of a change; in unaltered clearness He, the father of lights, remained eternally unchanged. 1. (shrink)

Rather than eliminate the terms "mental health and illness" because of the grave moral consequences of psychiatric labeling, conservative definitions are proposed and defended. Mental health is rational autonomy, and mental illness is the sustained loss of such. Key terms are explained, advantages are explored, and alternative concepts are criticized. The value and descriptive components of all such definitions are consciously acknowledged. Where rational autonomy is intact, mental hospitals and psychotherapists should not think of themselves as treating an illness. Instead, (...) they are functioning as applied axiologists, moral educators, spiritual mentors, etc. They deal with what Szasz has called "personal, social, and ethical problems in living." But mental illness is real. (shrink)

This article explains that and how values and evaluations are unavoidably and conspicuously present within natural scientists and their sciences—and why they are definitely not “value-free”. It shows how such things can be rationally understood and assessed within the framework of formal axiology, the value theory developed by Robert S. Hartman and those who have been deeply influenced by his reflections. It explains Hartman’s highly plausible and applicable definitions of “good” and related value concepts. It identifies three basic kinds of (...) value objects and human evaluations of these, and it shows how these should be ranked or prioritized in comparative worth. Finally, throughout, it applies all of the above to what is really going on within natural scientists and their sciences. It shows how anyone, scientists included, should proceed in order to make sense of what and how they value. (shrink)

In this article I clarify the concepts of ‘pain’, ‘suffering’. ‘pains of body’, ‘pains of soul’. I explore the relevance of an ethic to the clinical setting which gives patients a strong prima facie right to freedom from unnecessary and unwanted pain and which places upon medical professionals two concomitant moral obligations to patients. First, there is the duty not to inflict pain and suffering beyond what is necessary for effective diagnosis. treatment and research. Next, there is the duty to (...) do all that can be done to relieve all the pain and suffering which can be alleviated. I develop in some detail that individuality of pain sensitivity must be taken into account in fulfihing these obligations. I explore the issue of the relevance of informed consent and the right to refuse treatment to the matter of pain relief. And I raise the question of what conditions, if anv, should override the right to refuse treatment where pain relief is of paramount concern. (shrink)

Traditional hedonists like Epicurus, Bentham and Sidgwick were quantitative hedonists who assumed that pleasures and pains differ, not just from each other, but also from other pleasures and pains only in such quantitatively measurable ways as intensity, duration, and nearness or remoteness in time. They also differ with respect to their sources or causes. John Stuart Mill introduced an interesting and important complication into the modern theory of hedonism by insisting that pleasures also differ qualitatively as well as quantitatively. This (...) article thoroughly and critically examines Mill’s attempt to explain what qualitative differences might mean, and it proposes, defends, and extends a plausible theory of qualitative differences. (shrink)

This article summarizes and critique’s Robert S. Hartman’s four alleged “proofs for the infinite value of man.” Each “proof” assumes that all individual human beings actually contain within themselves an infinite number of good-making properties, and that this accounts for the literal infinite worth of each. Hartman developed four variations on this central theme. This critique shows that none of his arguments are plausible and none succeed in “proving” their conclusion.

This is a serious critique of Whitehead's epochal theory of time. It argues that human selves and perhaps all actual entities are in continuous concrescence, like Whitehead's God.

John Wesley did not directly address the question, but he could have answered "Yes'" to "Was Jesus Ever Happy?" given his understanding of "happiness." His eudaimonistic understanding of happiness was that it consists in renewing and actualizing the image of God within us, especially the image of love. More particularly, it consists in actually living a life of moral virtue, love included, of spiritual fulfillment, of joy or pleasure taken in loving God, others, and self, and in minimizing unnecessary pain (...) and suffering, which we are morally obligated to do for others and even for ourselves. Jesus had it all most of the time, though not always, obviously not at the painful end of his life when he felt God-forsaken. -/- . (shrink)

A thorough examination of John Wesley’s writings will show that he was not a biblical literalist or infallibilist, despite his own occasional suggestions to the contrary. His most important principles for interpreting the Bible were: We should take its words literally only if doing so is not absurd, in which case we should “look for a looser meaning;” and “No Scripture can mean that God is not love, or that his mercy is not over all his works.” Eleven instances of (...) his not taking biblical texts literally are examined. His real view was something like this: Biblical language is infallibly and literally true if and only if it does not contradict more basic scriptures and is not absurd, that is, not construed literally when metaphorical, or not misleadingly metaphorical, or not oversimplified or exaggerated, or not culture bound, or not contrary to reason and experience, or not ethically unconscionable and unloving. (shrink)

This article explains that and how Robert S. Hartman and Brand Blanshard, two of the most insightful philosophers of the 20th Century, were complete rationalists in their approach to philosophical problems, especially those in value theory. They both rejected emotive, subjectivist, and relativistic approaches to ethical values. Both were convinced that “intrinsic goodness” is the most important, meaningful, and basic of all ethical or moral concepts. Just how they understood reasonableness and the task of philosophers is explored. Significant differences between (...) the two on the meaning of “good” are examined. Blanshard’s equating of “intrinsically good” with “fulfillment and pleasure” is critiqued, and Hartman’s alternative to this is presented and defended. (shrink)

Modern bioethics is clearly dominated by deontologists who believe that we have some way of identifying morally correct and incorrect acts or rules besides taking account of their consequences. Robert M. Veatch is one of the most outspoken of those numerous modern medical ethicists who agree in rejecting all forms of teleological, utilitarian, or consequentialist ethical theories. This paper examines his critique of utilitarianism and shows that the utilitarianism of John Stuart Mill is either not touched at all by his (...) critique or can be defended against it. This article argues that the dominant deontological majority is mistaken and that a utilitarian theory of moral action very much like Mill’s is precisely what is needed by modern medical ethics and by those medical practitioners who are resolved to practice medicine in a reasonable and morally acceptable manner. (shrink)

This article asks: Is the human self, the stream of human consciousness, a single unique enduring actual entity or whole (like Alfred North Whitehead’s God) or a society of transient actual occasions (like Charles Hartshorne’s God)? It argues forcefully for the former and against the latter and concludes that both God and human selves are enduring but constantly developing actual entities who are constantly being enriched by new events, experiences, and activities in time.

Tom Regan's seafaring dog that is justifiably thrown out of the lifeboat built for four to save the lives of four humans has been the topic of much discussion. Critics have argued in a variety of ways that this dog nips at Regan's Achilles heel. Without reviewing previous discussions, with much of which I certainly agree, this article develops an unexplored approach to exposing the vulnerability of the position that Regan takes on sacrificing the dog to save the humans. It (...) argues that when dealing with the seafaring dog, Regan abandons his own principles, and that this is exactly what he should do. Regan should abandon his view that all subjects-of-a-life have equal inherent worth. (shrink)

This article introduces Formal Axiology, first developed by Robert S. Hartman, and explains its essential features—a formal definition of “good” (the “Form of the Good”), three basic kinds of value and evaluation—systemic, extrinsic, and intrinsic, and the hierarchy of value according to which good things having the richest quantity and quality of good-making properties are better than those having less. Formal Axiology is extended into moral philosophy by applying the Form of the Good to persons and showing how this culminates (...) in an Axiological Virtue Ethics. This involves the systemic, extrinsic, and intrinsic goodness of persons, the intrinsic-good-making properties of persons, and the moral virtues that respect the intrinsic worth of persons in thoughts, feelings, and actions. A few obstacles to being and becoming morally good persons are also identified and explained. (shrink)

John Wesley insisted that love is the “sum of all” in real Methodism, Christianity, and True Religion. This “sum” includes “God is love,” the two love commandments, and all beliefs, affections, and good works that are derived from, express, and nurture love to God, neighbors, and every creature God has made. Wesley expressly rejected Biblical doctrines and practices that are unloving such as predestination, God hated Esau, and the many malicious and vengeful imprecatory Psalms. Wesley’s example encourages us to reconsider (...) LGBTQ issues in light of “What would be the most loving thing to do?,” and to reject such unloving and unethical Biblical commandments as putting to death all people who work on the Sabbath, all practicing male homosexuals, and both the male and female partners involved in adultery. What else? Taking Wesley very seriously might require changes in the curriculum of Wesleyan divinity schools, and in the contents of Wesleyan preaching. (shrink)

This was abstracted from a lengthier article titled "A Genuine Monotheism for Christians, Muslims, Jews, and All" originally published in the JOURNAL OF ECUMENICAL STUDIES, 52:575-586. Thanks to Paul Chase at Penn Press Journals for permission to use it here. This article proposes an understanding of the identity of God and Jesus that might be attractive and even plausible to persons of all monotheistic faiths. The basic thesis is that Jesus (as both "fully God and fully human") is best understood (...) to mean that Jesus fully identified with God experientially, psychologically, evaluationally, morally, and spiritually; and God fully identified with Jesus in similar ways. Read the article to get the full explanation of this. Might the founders and saints of non-Christian religions also have also thus identified with God, and God with them? (shrink)

The Metaphysics of Experience: Companion to Whitehead’s Process and Reality by Elizabeth M. Kraus develops very classical, Boethian, atemporal understanding of Whitehead’s God. Kraus contends that Whitehead intended “to infer that the divine actual world includes all actual worlds in unison of becoming” (p. 164). Her position is that even in his consequent nature, God coexists simultaneously and changelessly with the entire past, present, and future of every occasion in every world or cosmic epoch. Her rationale for this rests upon (...) 1. a highly questionable interpretation of one text in Process and Reality and the claims that 2. only such a view is compatible with human freedom, and 3. only such a view is compatible with human faith. This article argues that she is mistaken on all three counts. (shrink)

This article argues that actual entities come first; the statistical laws of nature are their effects, not their causes. Statistical laws are mentally abstracted from their habits and are only formal, not efficient, causes. They do not make anything happen or prevent anything from happening. They evolve or change as the habits of novel creatures evolve or change. They do not control or inform us about what any individual entity is doing, only about what masses of individuals on average are (...) doing. Thus, there is no way that traditional divine miracles could “violate” them. God has sufficient efficient-causal power to create our world ex nihilo, as in the Big Bang, and to prevent evils, which God does not do from love, justice, and moral goodness. Seven elements of a viable theodicy are outlined, the most important of which is divine justice. It would be unjust for God to prevent harms in some cases but not in all. In a universe in which God prevents all evils and thus directly controls everything, no creatures would take any responsibility for what they do. A loving and just God voluntarily and consistently limits the exercise of divine power so we can be free, responsible, and creative. (shrink)

This article explores and critically examines the concepts and value dimensions of God, process, creativity, eternal objects, and individuals in Whitehead's thought.

This article defends Marjorie Suchocki’s position against two main objections raised by David E. Conner. Conner objects that God as a single actual entity must be temporal because there is succession in God’s experience ofthe world. The reply is that time involves at least two successive occasions separated by perishing, but in God nothing ever perishes. Conner also objects that Suchocki’s personalistic process theism is not experiential but is instead theoretical and not definitive. The reply is that his dismissal of (...) Part V of PR is arbitrary, the interpretation of all experience is theoretical, and no metaphysical interpretations are absolutely definitive, including PR as a whole. Also, Conner ignores religious experience. (shrink)

Today's conflicts between religions are grounded largely in historical injustices and grievances but partly in serious conceptual disagreements. This essay agrees with Miroslav Volf that a nontritheistic Christian account of the Trinity is highly desirable. Three traditional models of the Trinity are examined. In their pure, unmixed form, two of them should logically be acceptable to Jews, Muslims, and strict monotheists who regard Christianity as inherently tritheistic, despite lip service to one God. In the social model, three distinct self-aware subjects (...) are unified by being in perfect harmony with each other. Despite Volf's best defense of this, to conceive of three gods, this is how one would go about it. In the psychological model, one divine subject has three psychological capacities—memory, understanding, and will. In the functional model, one subject relates to the world in three different ways—as creator, redeemer, and companion. These two are genuinely monotheistic. Finally, a monotheistic account of the unity of Jesus with God is proposed for consideration. (shrink)

Originally titled “Is It Murder in Tennessee to Kill a Chimpanzee,” this article argues in some detail that typical legal definitions of “murder” as involving the intentional killing of “a reasonable being” would require classifying the intentional killing of chimpanzees as murder.

This article explores a form of ethics and spirituality based on the nearly universal but often undeveloped human capacity for identifying self with others and with non-personal values. It begins with commonplace non-moral identification experiences, then describes identification with others in ethical and spiritual unions. Freud’s psychological emphasis on identification is linked with ethics and spirituality, though Freud would have objected. Robert S. Hartman’s three kinds of goodness—systemic, extrinsic, and intrinsic—are applied to abundant ethical and spiritual living through identification. Intrinsic (...) identification with intrinsic values is the highest moral ideal; intrinsic identification with ultimate reality and with goodness in all its forms is the highest spiritual ideal. (shrink)

This article critically examines the several definitions of, or elements of a single definition of, Robert S. Hartman's understanding of “intrinsic values,” “intrinsic evaluations,” “extrinsic values,” and “extrinsic valuations”. [I have since changed my mind about what is said in the last few sentences. I now think, with Hartman, that only unique, non-repeatable, conscious individuals have intrinsic worth. Repeatable qualities like pleasure and knowledge are “good for us” properties, but not “good in, to, and for themselves” or “for their own (...) sakes” properties.]. (shrink)

The process claim that matter is mentally infused and that mind or consciousness is spatially and temporally extended is explored. The views of Peirce, Whitehead, Hartshorne, Cobb, Ford and Griffin on the following questions are examined: If spacy, where are the occasions of human consciousness, how are they related to the brain, how large are they, and can they be externally perceived directly or with instruments? It is proposed that what is internally experienced as human consciousness is objectively identical with (...) the synthetic unity of those brain waves known to be correlated with wakeful awareness. If so, modern scanning technology can literally find us in our brains. Possible objections are discussed. (shrink)

This book is a collection of articles dealing with criticisms of Robert S. Hartman’s theory of formal axiology. During his lifetime, Hartman wrote responses to many of his critics. Some of these were previously published but many are published here for the first time. In particular, published here are Hartman’s replies to such critics as Hector Neri Castañeda, Charles Hartshorne, Rem B. Edwards, Robert E. Carter, G. R. Grice, Nicholas Rescher, Robert W. Mueller, Gordon Welty, Pete Gunter, George Kimball Plochmann, (...) William Eckhardt, and Robert S. Brumbaugh. Crticial essays and responses to them developed by Rem B. Edwards, Frank G. Forrest, and Mark A. Moore after Hartman’s untimely death in 1973 are also included. (shrink)

This book explores three easily recognized personality types of great spiritual significance--worldliness, ideology, and saintliness. These spiritual types are defined by the dominant values they manifest--extrinsic, systemic, or intrinsic. The thoughts, experiences, actions, feelings, and overall characters and behaviors of people belonging to these types are shaped and expressed by what and how they value, as the chapters in the book explain. A distinctive mode of spirituality is correlated with each type, based on what and how religious people most value. (...) What and how people value are the keys to everyone's personalities, whether spiritual or not. Real people do not fall neatly or completely into any one of these types, but in most people some dimension of value is dominant over the others, and this has great spiritual, moral, and practical significance. (shrink)

This article tries to show that commonplace economic, ethico-religious, anti-racist,and logical-consistency objections to public funding of abortions and abortion counseling for poor women are quite weak. By contrast, arguments appealing to basic human rights to freedom of speech, informed consent, protection from great harm, justice and equal protection under the law, strongly support public funding. Thus, refusing to provide abortions at public expense for women who cannot afford them is morally unacceptable and rationally unjustifiable, despite the opinions of former Presidents (...) Reagan and Bush, the more conservative members of the Supreme Court of the United States, the current Congress, and the majority of the American people. (shrink)

These two remarkable books, both published in 2010, share many themes but differ in significant ways, and each is very much worth reading and pondering. Oord’s The Nature of Love concentrates primarily on conceptual and theological themes relating to the very nature of love itself and what influential theologians have had to say about love. His Defining Love focuses on how the social and physical sciences impact our understanding of human and divine love. Both books presuppose and express many themes (...) that are prominent in process theology such as: freedom is universally present (by degrees) in all creatures, especially us; predestination is abhorrent and untenable; God exists necessarily and everlastingly but not .. (shrink)

This is a review of Thomas Jay Oord’s book on The Uncontrolling Love of God in which he develops a very persuasive and highly original process account of how God’s love, power, and providence relate to matters of human freedom, randomness in nature and history, natural laws, miracles, and evil. This review summarizes the main points in each of his eight chapters and offers a few critical and constructive comments on them.

This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson.

This is a review of Moral Luck Philosophical Papers 1973-1980 by Bernard Williams.

This is a review of Robert O. Johann, ed., Freedom and Value, 1976 which consists of nine essays written by members of the Department of Philosophy at Fordham University. These deal with the nature and value of human freedom and its relations with other human values.

The most trending behavioral approach of mass people nowadays hovers to acquire a specific area to live on for their mental satisfaction. It is the person registered home to live on the next days of life. This issue has firmly increased due to the rapid and mostly uncontrolled increase of population within most of the countries. Now that, it is the conscious craving for men to settle up for a property that has the highest credential service and maintenance ease possibility; (...) it leads them to the housing provider with the highest product quality offering. The easiest way is to redirect them to go for a trustworthy name in the REM providers. Now, narrowing down to a developing country such as Sri Lanka, its Real estate developers have rewarded investors with strong returns post 2009. It is the time when Sri Lanka saw the end of the civil conflict. When the real estate sector has always been a major factor in the development of the economy in every country. Regionally, Sri Lanka remains attractive as an emerging market, when considering the ROI on Real Estate. For an effective discussion, this paper states the linkage of consumer behavior to the highest quality housing provider offers to them. The paper discusses all the necessary factors to prove the enhanced purchase of supreme quality property company dealers like Prime LnadPvt. Ltd is a leading real estate company in Sri Lanka. However, the valuation of property is most vital for the real estate industry. It depends on the type of artifact, the real estate sector offers to its clients. For this industry, infrastructure quality is the most important factor. All the contributing factors, analyses reveal this lesson. This truth is supported by many theories and analyses to lead today’s provider, meeting the original demand factor of the mass people. (shrink)

Purdue Pharma was being investigated by United States Civil and Criminal compliance agencies for many years and a conclusion has now been reached. Although successful , this author feels that such extremely serious corporate frauds must also punish senior individual executives with long jail sentences -in this case-corporate manslaughter.

This paper investigates civility from an Aristotelian perspective and has two objectives. The first is to offer a novel account of this virtue based on Aristotle’s remarks about civic friendship. The proposed account distinguishes two main components of civility—civic benevolence and civil deliberation—and shows how Aristotle’s insights can speak to the needs of our communities today. The notion of civil deliberation is then unpacked into three main dimensions: motivational, inquiry-related, and ethical. The second objective is to illustrate how (...) the post-truth condition—in particular, the spread of misinformation typical of the digital environments we inhabit—obstructs our capacity to cultivate the virtue of civility by impairing every component of civil deliberation. The paper hopes to direct virtue theorists’ attention to the need to foster civic virtues as a means of counteracting the negative aspects of the post-truth age. (shrink)

This is the editorial introduction to the edition of Cosmos & History on Civilization in Crisis.

comparative civilizations in relation to cyclical versus linear concepts of time; translation, intertemporal encounters, and their political ramifications (including international relations); extends Koselleck's _Begriffsgeschichte_ by engaging it in a critical dialogue with translation studies.

A wide variety of sources, including the Huntington literature and popular mass media, show that Huntington’s “clash of civilizations” idea actually has very little value in understanding the current global political context. The central assumption of Huntington’s view, that cultural kinship ties influence loyalties and agreements on a global scale, has little to do with the daily lives of American citizens and little to do with the decisions made by the current presidential administration. The mass media evidence from the United (...) States shows that the most important “kinship” ties are not religious or cultural, but economic. The argument involves a deeper analysis of the current trend towards religious programs on American television, a timeline of events relating to the Halliburton – Cheney relationship, and views expressed by members of the United States military in Stars and Stripes. (shrink)

Constructions of the animal and animality are often pivotal to religious discourses. Such constructions create the possibility of identifying and valuing what is "human" as opposed to the "animal" and also of distinguishing human beliefs and behaviors that can be characterized as being animal from those that are "truly human." Some discourses also employ the concept of savagery as a bridge between the human and the animal, where the form of humanity but not its ideal beliefs and practices can be (...) displayed. This paper explores the work of the influential scientist, philosopher, and theologian A. N. Whitehead in this context. His ideas of what constitutes "the animal," the "primitive" and the "civilized" are laid out explicitly in his now little-used history of religions text, Religion in the Making. This paper explores these ideas in this history and then considers how the same ideas permeate his currently more popular philosophical and theological writing Process and Reality. Drawing on some work in post-colonial theory, the paper offers a critique of this understanding of animality, savagery, and civilization and suggests that using Whitehead to underpin modern theological work requires considerable caution. (shrink)

In response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not adequately (...) justified by the arguments given in favor of them. Importantly, this is not to say that states ought not impose restrictive lockdown measures, but rather that the extent of the acceptance of these measures is not proportionate to the strength of the arguments for lockdowns. -/- We begin by exploring the case for restrictive lockdowns. We first argue that several of the principles that are used to justify the lockdowns yield unexpectedly revisionary implications for other political problems that many would be unwilling to accept. We then outline what we consider the strongest argument for a lockdown—namely, that its net welfare benefits are great enough to defeat the moral presumption against restricting citizens’ civil liberties to move, work, and assemble. However, we give a number of reasons for doubting that the lockdown’s net welfare benefits are, in fact, sufficiently high to defeat the presumption against it. (shrink)

Rawls’s notion of civil disobedience, which still dominates the literature on this subject, comprises at least these three characteristics: it involves breaking the law, is non-violent and public. But implicit in this notion is a certain tension: it shows pessisimism about the proper functioning of the public sphere as earlier normal appeals have failed, but it also displays a certain optimism about its proper functioning as it assumes that civil disobedience may be effective. In my paper I argue (...) that Rawls cannot explain how civil disobedience may be effective as a public appeal for social justice because he does not fully understand what it means for civil disobedience to be public in relation to the public sphere. His analysis would require an additional notion of publicity which, as I argue, is the notion of hermeneutical publicity. From a Bourdieusian perspective I then make a case for the claim that public spheres always suffer from hermeneutic invisibility. This may explain why non-violent appeals for social justice fail as dialogical practices. Finally I suggest how we nevertheless could understand that civil disobedience can be effective as a dialogical practice. (shrink)

In this paper, I set out a version of the Forfeiture Theory of Punishment. Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.

The history of civil disobedience until the 1960s is, historians and political theorists have shown, the history of a fundamentally anticolonial, anticapitalistic, and antimilitaristic political practice. This history was progressively erased from our political imagination as the phrase was reconceptualized by American liberal lawyers and scholars in the late-1960s and early-1970s. These liberals argued that civil disobedience was not a revolutionary but an essentially reformist form of action, at a time when social movements were accused of endangering American (...) democracy amidst rising crime rates in the United States. Civil disobedience, the argument ran, would encourage a criminal attitude toward a legitimately elected government. In the midst of conservative calls for law and order and the election of Richard Nixon to the presidency, affirming that civil disobedience was not a radical form of political action became a key rhetorical strategy for American liberals during the so-called War on Crime. In this essay, I retrace debates about civil disobedience and criminality in this context. I consider in closing how liberal conceptualizations of peaceful protest have served to delegitimize and criminalize activism until today. (shrink)

In this article, I argue that the practice of civil disagreement has robust epistemic benefits and that these benefits enable meaningful forms of reconciliation—across worldview lines and amid the challenging information environment of our age. I then engage two broad groups of objections: either that civil disagreement opposes, rather than promotes, clarity, or else that it does little to help it. If successful, my account gives us reason to include civil disagreement among what Mill calls “the real (...) morality of public discussion,” a fact that should stir us to take more seriously the decline of civility in contemporary life. (shrink)

This paper discusses some philosophical problems lurking behind the issues of human biotechnology, particularly prenatal screening. Firstly, prenatal screening technology disempowers existing disabled people. The second problem is that it systematically deprives us of the “fundamental sense of security.” This is a sense of security that allows us to believe that we will never be looked upon by anyone with such unspoken words as, “I wish you were never born” or “I wish you would disappear from the world.” Thirdly, we (...) argue that the loss of the fundamental sense of security is connected with the disappearance of “conviction of love” in the age of human biotechnology. And finally, all these issues are examined from the viewpoint of “painless civilization.” Our society is filled with a variety of “preventive reduction of pain,” of which prenatal screening is a good example. By preventively reducing pain and suffering, we lose the chance to transform the basic structure of our way of thinking and being; as a result, we are deprived of opportunities to know precious truths indispensable to our meaningful life. Hence, it is concluded that what is most needed is an academic research on “philosophy of life.”. (shrink)