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

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the (...) validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

The emphasis in contemporary democratic theory and in the history of political thought on the ‘natural rights’ theory of popular sovereignty of Locke, precursors of which are found in the work of Hugo Grotius and others, obscures an important relationship between constitutional self-government and nationalism. Through an examination of the early political writings of Grotius, especially his Antiquity of the Batavian Republic, this essay shows how a national consciousness forged out of memories of native traditions of self-government, and (...) stories of heroic ancestors who successfully defended those traditions against usurpers and tyrants, gives concrete substance to otherwise inchoate theories of constitutional self-government. (shrink)

Contracts are common, and some influential thinkers in the “modern” period of philosophy argued that the whole of society is created and regulated by a contract. Two of the most prominent “social contract theorists” are Thomas Hobbes (1588-1679) and John Locke (1632-1704).[2] This essay explains the origins of this tradition and why the concept of a contract is illuminating for thinking about the structure of society and government.

Klaming and Vedder (2010) have argued that enhancement technologies that improve the epistemic efficiency of the legal system (“epistemic enhancements”) would benefit the common good. But there are two flaws to Klaming and Vedder’s argument. First, they rely on an under-theorised and under-specified conception of the common good. When theory and specification are supplied, their CGJ for enhancing eyewitness memory and recall becomes significantly less persuasive. And second, although aware of such problems, they fail to give due weight (...) and consideration to the tensions between the individual and common good. Taking these criticisms onboard, this article proposes an alternative, and stronger, CGJ for epistemic enhancements. The argument has two prongs. Drawing from the literature on social epistemology and democratic legitimacy, it is first argued that there are strong grounds for thinking that epistemic enhancements are a desirable way to improve the democratic legitimacy of the legal system. This gives prima facie but not decisive weight to the CGJ. It is then argued that due to the ongoing desire to improve the way in which scientific evidence is managed by the legal system, epistemic enhancement is not merely desirable but perhaps morally necessary. Although this may seem to sustain tensions between individual and common interests, I argue that in reality it reveals a deep constitutive harmony between the individual good and the common good, one that is both significant in its own right and one that should be exploited by proponents of enhancement. (shrink)

The present dissertation presents an examination of the Carrollian logic through the reconstruction of its syllogistic theory. Lewis Carroll was one of the main responsible for the dissemination of logic during the nineteenth century, but most of his logical writings remained unknown until a posthumous publication of 1977. The reconstruction of the Carrollian syllogistic theory was based on the comparison of the two books on author's logic, "The Game of Logic" and "Symbolic Logic". The analysis of the Carrollian syllogistics starts (...) from a study of the historical context of development of the logic and the developments of syllogistics previous to the contribution of the author. Situated in the historical period of algebraical logic, Carrollian syllogistics is characterized as a conservative extension of the Aristotelian syllogistics, the main innovation is the use of negative terms and the introduction of a diagrammatic method suitable for the representation of negative terms. The diagrammatic method of the Carrollian syllogistics presents advances in relation to the methods of Euler and Venn. The use of negative terms also requires a redefinition of the notion of syllogism, simplifying and expanding the amount of arguments amenable to logical treatment. Carroll does not use four, but only three categorical propositions in his syllogistic, with interpretation of existential presuppositions congruent with a syntactic-existential reading. Carrollian syllogistics uses some techniques found in the work of algebraists of logic and also made the same confusions between notions of "class" and "member" that were common in the period. Convinced of the social utility of logic and dedicated to popularize it, Carroll priorized a creation of new didactics for the teaching of logic in his works, where he can include his diagrammatic method of solving syllogisms. Carroll made only scant considerations of his conception of logic. Based on the small considerations found throughout the study and on the constant claim of the social utility of logic, it is suggested that Carroll is close to the so-called pragmatic position, which considers a logic as an instrument of regulation of discourse. (shrink)

In a "parenthesis of fascinated horror" before "the complete discovery and subjection of the body to science", Renaissance anatomists and poets shared peculiar emotions of dread and desire towards the bodies they dissected and described. Jonathan Sawday's ambitious project is to evoke the common taboos, resistances, and fears which the human body provoked in its various early modern investigators, while telling "stories of terrible cruelty, which are tinged by a form of dark eroticism". He is justifiably proud of the (...) historical range of his study, across medicine, cartography, literature, the law, myth, art, theology, social history, and philosophy. But he seeks more than a synthesis of these disparate domains, hoping also both to sketch a new grand narrative about conceptual, practical, and phenomenological changes regarding the body, and further "if not to dispel, then at least to explain" our own multiple, ambiguous feelings about our innards. Thus he marvellously maintains simultaneous attention to culture and psychology, combining high theory with historical precision in rare and risky fashion. (shrink)

Theories of social norms frequently define social norms in terms of individuals’ beliefs and preferences, and so afford individual beliefs and preferences conceptual priority over social norms. I argue that this treatment of social norms is unsustainable. Taking Bicchieri’s theory as an exemplar of this approach, I argue, first, that Bicchieri’s framework bears important structural similarities with the command theory of law; and second, that Hart’s arguments against the command theory of law, suitably recast, reveal the (...) fundamental problems with Bicchieri’s framework. I then draw on Hart’s critique to develop and defend an alternative approach, arguing that we should conceive of social norms as the norms internal to a “socially sanctioned representational practice.” This approach makes social norms conceptually independent of individuals’ beliefs and preferences by locating them within social practices that transcend their individual participants, structuring the social landscape even before individuals form their own beliefs and preferences. (shrink)

The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and collect (...) taxes’? This article addresses this question from the perspective of the constitutional originalist—the person who holds that the meaning of a constitutional text is fixed at some historical moment. In doing so, it advances four theses. First, it argues that every originalist theory is committed to some degree of pragmatic enrichment, the debate is about how much. Second, that in determining which content gets ‘added in’, originalists typically hold to a common knowledge standard for enrichment, protestations... (shrink)

In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is (...) plain, here, that Narveson believes that social contract is to provide justification -- a foundation, in fact -- for 'the principles of morality'. The burden assumed in this essay is to examine how far Narveson has succeeded in making this foundational claim plausible. (shrink)

The article introduces a special issue on “Rethinking Liberal Multiculturalism: Foundations, Practices and Methodologies.” The contributions presented in this special issue were discussed during the conference « Multicultural Citizenship 25 Years Later », held in Paris in November 2021. Their aim is to take stock of the legacy of Kymlicka’s contribution and to highlight new developments in theories of liberal multiculturalism and minority rights. The contributions do not purport to challenge the legitimacy of theories of multiculturalism and minority rights, they (...) rather aim at deepening our understanding of the foundations of liberal multiculturalism and of its practical implementation, sensitive to social scientific dynamics of diverse societies. Without abandoning the general idea that cultural minorities should be granted special minority rights, the essays presented raise new questions about three dimensions central to liberal multiculturalism: its normative foundations, its practical categories of minorities or groups, and its fact-sensitive methodology. Taken together they shed light on the renewed variety of theories of liberal multiculturalism highlighting their complexity and internal disagreements. To introduce these articles, the article first draws a brief historical overview of the debates on multiculturalism since the 1990s (section 1). It then highlights the distinctive aspects of Kymlicka’s contribution (section 2) and identifies recent research trends (section 3). Doing so, it explains how the articles gathered here both expand on those distinctive aspects and explore those new research avenues. The section 4 summarizes the contributions. (shrink)

The article presents a basic perception regarding social contract theory which is considered to be one of the most well-known and influential theories in western political philosophy. By exploring the concepts of social contract theory suggested by Thomas Hobbes and John Locke, an attempt is made to reveal various features and characteristics of the natural state. The article discusses the general description of the state of nature as well as the process of establishing a (...) class='Hi'>social contract as a means of formation of civil society. (shrink)

The issue of the relation of the sacred to the secular has become paramount in virtually every country in the world. From church-state relations in the US, with the debates around abortion and same-sex marriage, to the vitriolic discussions in France over the veil (hijab) sacred-secular, faith-reason, transcendence-imminence -- impacts every aspect of personal, social, and political life. Indeed, the questions often asked are whether Huntington s, Clash of Civilizations is today s reality? Is clash and conflict inevitable? This (...) volume collects papers from scholars from all around the globe and digs into that question. Do the sacred and the secular necessarily end in conflict? Building on scholars such as Charles Taylor, Hans-Georg Gadamer, Jurgen Habermaus, and John Rawls, as well as the world s great religious traditions, the authors assembled here respond with a nuanced, but resounding, NO. A deeper read demands the possibility, indeed, necessity, of complementarity. It has become ever more urgent to discover the proper and complementary relation between the two so that both can be promoted through mutual collaboration. The deeper implications of the discussion can be perceived in many current global problems: cultural identity, multiculturalism, pluralism, nationalism, economic inequality, race, terrorism, migration, public education, and climate change. The volume unfolds in seven sections: Foundations; Sacred and Secular; Complement or Conflict; Hermeneutics; African traditions; South Asian Traditions; Chinese Traditions; and Islamic Traditions. It is fascinating to observe how the various authors grapple with unfolding the relation of sacred/secular, faith/reason, church-mosque/state, transcendence/imminence. The section on Islam illustrates this. These chapters deal with the thorny, usually misunderstood debate between the scholars and those, westerners refer to as fundamentalists or radicals. In the latter, there is no space left to reason, interpretation, or historical criticism. This ugly divide usually emerges in the hot-button issues like the treatment of women and religion-related terrorism. However, these oversimplifications betray the intellectual roots of Islamic tradition. Here the argument is advanced that there are common and multiple meanings of rationality in the Islamic primary sources and that doctrine, the Qur an, and the Sunnah, open considerable space for the rational and the secular in Islamic teachings. Unknown to most in the West, the grappling within Islam goes on. Moreover, the grappling seems to be heating up in all traditions. We are all called to the discussion. Our globe needs it! (shrink)

This chapter examines a common objection to sex robots: the symbolic-consequences argument. According to this argument sex robots are problematic because they symbolise something disturbing about our attitude to sex-related norms such as consent and the status of our sex partners, and because of the potential consequences of this symbolism. After formalising this objection and considering several real-world uses of it, the chapter subjects it to critical scrutiny. It argues that while there are grounds for thinking that sex robots (...) could symbolically represent a troubling attitude toward women (and maybe children) and the norms of interpersonal sexual relationships, the troubling symbolism is going to be removable in many instances and reformable in others. What will ultimately matter are the consequences of the symbolism but these consequences are likely to be difficult to ascertain. This may warrant an explicitly experimental approach to the development of this technology. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

This paper addresses a fundamental question in folk metaphysics: how do we ordinarily view human agency? According to the transcendence account, we view human agency as standing outside of the causal order and imbued with exceptional powers. According to a naturalistic account, we view human agency as subject to the same physical laws as other objects and completely open to scientific investigation. According to exceptionalist naturalism, the truth lies somewhere in between: we view human agency as fitting broadly within the (...) causal order while still being exceptional in important respects. In this paper, I report seven experiments designed to decide between these three competing theories. Across a variety of contexts and types of action, participants agreed that human agents can resist outcomes described as inevitable, guaranteed, and causally determined. Participants viewed non-human animal agents similarly, whereas they viewed computers, robots, and simple inanimate objects differently. At the same time, participants judged that human actions are caused by many things, including psychological, neurological, and social events. Overall, in folk metaphysics, human and non-human animals are viewed as exceptional parts of the natural world. (shrink)

In the Tractatus Theologico-Politicus (TTP), Spinoza argues that an individual’s natural right extends as far as their power. Subsequently, in the Tractatus Politicus (TP), he offers a revised argument for the same conclusion. Here I offer an account of the reasons for the revision. In both arguments, an individual’s natural right derives from God’s natural right. However, the TTP argument hinges on the claim that each individual is part of the whole of nature (totius naturae), and for this reason inherits (...) part of the natural right of that whole. Using several analogous cases from the Ethics, I show that this form of argument from division is not compatible with Spinoza’s considered metaphysical views. The revised argument, by contrast, avoids the pitfalls of his earlier efforts. It also better reveals the deep roots by which the monistic metaphysics of the Ethics feeds into Spinoza’s conception of natural right. (shrink)

This paper tries to clarify, strengthen and respond to two prominent objections to the development and use of human enhancement technologies. Both objections express concerns about the link between enhancement and the drive for hyperagency. The first derives from the work of Sandel and Hauskeller—and is concerned with the negative impact of hyperagency on social solidarity. In responding to their objection, I argue that although social solidarity is valuable, there is a danger in overestimating its value and in (...) neglecting some obvious ways in which the enhancement project can be planned so as to avoid its degradation. The second objection, though common to several writers, has been most directly asserted by Saskia Nagel, and is concerned with the impact of hyperagency on the burden and distribution of responsibility. Though this is an intriguing objection, I argue that not enough has been done to explain why this is morally problematic. I try to correct for this flaw before offering a variety of strategies for dealing with the problems raised. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...) at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

This is an English translation of Waldenfels' German essay: Equality and inequality are basic elements of law, justice and politics. Equality integrates each of us into a common sphere by distributing rights, duties and chances among us. Equality turns into mere indifference as far as we get overintegrated into social orders. When differences are fading away experience loses its relief and individuals lose their face. Our critical reflections start from the inevitable paradox of making equal what is not (...) equal. In various ways they refer to Nietzsche’s concept of order, to Marx’s analysis of money, to Lévinas’s ethics of the Other, and to novelists like Dostoevsky and Musil. Our critique turns against two extremes, on the one hand against any sort of normalism fixed on functioning orders, on the other hand against any sort of anomalism dreaming of mere events and permanent ruptures. Responsive phenomenology shows how we are confronted with extraordinary events. Those deviate from the ordinary and transgress its borders, without leaving the normality of our everyday world behind. The process of equalizing moves between the ordinary and the extraordinary. What makes the difference and resists mere indifference are creative responses which are to be invented again and again. (shrink)

Utilitarianism is a consequentialist theory that assigns value impartially to the well-being of each person. Informed Altruism, introduced in this paper, is an intentionalist theory that relegates both consequentialism and impartiality to subordinate roles. It identifies morally right or commendable actions (including collective actions such as laws and policies) as those motivated by a sufficiently informed intention to benefit and not harm others. An implication of the theory is that multiple agents may perform incompatible actions and yet each be acting (...) rightly in a moral sense. (shrink)

The two justificatory roles of the social contract are establishing whether or not a state is legitimate simpliciter and establishing whether any particular individual is politically obligated to obey the dictates of its governing institutions. Rawls's theory is obviously designed to address the first role but less obviously the other. Rawls does offer a duty-based theory of political obligation that has been criticized by neo-Lockean A. John Simmons. I assess Simmons's criticisms and the possible responses that could (...) be made to them, including those offered by Samuel Freeman. I conclude they rest on a Rawlsian equivocation and ultimately fail. (shrink)

Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is (...) a chapter on justice, informed by Hart’s professional knowledge of Plato and Aristotle and the tradition of civilized thought about justice, thought which he sums up like this: “the general principle latent in [the] diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality.” “Hence”, he goes on, “[the] leading precept [of justice] is often formulated as ‘Treat like cases alike’; though we need to add … ‘and treat different cases differently’”. This article will say something about three aspects of this vast topic: (i) about the factual basis and normative grounds of equality; (ii) about the proposed principle of equal concern; and (iii) about laws and social policies that pursue equality by selective prohibition of direct and indirect discrimination, and of harassment or vilification, victimisation and offence. (shrink)

Memory Detection Tests (MDTs) are a general class of psychophysiological tests that can be used to determine whether someone remembers a particular fact or datum. The P300 MDT is a type of MDT that relies on a presumed correlation between the presence of a detectable neural signal (the P300 “brainwave”) in a test subject, and the recognition of those facts in the subject’s mind. As such, the P300 MDT belongs to a class of brain-based forensic technologies which have proved (...) class='Hi'>popular and controversial in recent years. With such tests increasingly being proffered for use in the courtroom — to either support or call into question testimony — it would behoove the legal system to have some systematic framework for ensuring that they are used responsibly. In this paper, I defend one such framework for ensuring that this is the case: the legitimacy enhancing test. According to this test, it is appropriate to make use of technologies such as the P300 MDT whenever doing so would (probably) enhance the legitimacy of the trial. I argue that this test addresses tensions between scientific and legal norms of evidence, and exhibits a number of additional virtues including unification, simplicity and flexibility. Although the test is defended by considering the example of the P300 MDT, its significance is much broader than that. If it has the virtues I claim for it, it should provide a general framework for the responsible use of technologies, and the responsible innovation of social epistemic systems. (shrink)

In this chapter we introduce concepts for analyzing proofs, and for analyzing undergraduate and beginning graduate mathematics students’ proving abilities. We discuss how coordination of these two analyses can be used to improve students’ ability to construct proofs. -/- For this purpose, we need a richer framework for keeping track of students’ progress than the everyday one used by mathematicians. We need to know more than that a particular student can, or cannot, prove theorems by induction or contradiction or can, (...) or cannot, prove certain theorems in beginning set theory or analysis. It is more useful to describe a student’s work in terms of a finer-grained framework that includes various smaller abilities that contribute to proving and that can be learned in differing ways and at differing periods of a student’s development. (shrink)

The essay is a written version of a talk Nakamura Yūjirō gave at the Collège international de philosophie in Paris in 1983. In the talk Nakamura connects the issue of common sense in his own work to that of place in Nishida Kitarō and the creative imagination in Miki Kiyoshi. He presents this connection between the notions of common sense, imagination, and place as constituting one important thread in contemporary Japanese philosophy. He begins by discussing the significance of (...) place (basho) that is being rediscovered today in response to the shortcomings of the modern Western paradigm, and discusses it in its various senses, such as ontological ground or substratum, the body, symbolic space, and linguistic or discursive topos in ancient rhetoric. He then relates this issue to the philosophy of place Nishida developed in the late 1920s, and after providing an explication of Nishida’s theory, discusses it further in light of some linguistic and psychological theories. Nakamura goes on to discuss his own interest in the notion of common sense traceable to Aristotle and its connection to the rhetorical concept of topos, and Miki’s development of the notion of the imagination in the 1930s in response to Nishida’s theory. And in doing so he ties all three—common sense, place, and imagination—together as suggestive of an alternative to the modern Cartesian standpoint of the rational subject that has constituted the traditional paradigm of the modern West. (shrink)

The present work is to be a critique of Rawls’ Veil of Ignorance as well as putting forth an alternative analytical tool when constructing societies known as the L’echelle Naturelle. My paper hopes to argue that inequalities in a society are not only essential in society contrary to Rawls’ Egalitarian ideology, but do in fact contain equality so long as the autonomy of the citizen is fully exercisable. I contend that institutions such as government and their extensions namely the law, (...) have debilitated the exercisability of autonomy. The consequence of that is an artificial hierarchy monopolized by a minority rather than a natural hierarchy where every citizen is a means unto themselves. The phenomenon of a natural hierarchy that is made possible by unchained autonomy is what the L’echelle Naturelle hopes to expound upon in the forthcoming work. (shrink)

The word 'reason' as used today is used ambiguous in its meaning. It may denote either of two mental faculties: a lower reason associated with discursive, linear thinking, and a higher reason associated with direct apprehension of first principles of mathematics and logic, and possibly also of moral and religious truths. These two faculties may be provisionally named Reason (higher reason) and rationality (lower reason). Common language and personal experience supply evidence of these being distinct faculties. So does classical (...) philosophical literature, the locus classicus being Plato's Divided Line analogy. -/- The effect of currently using a single word to denote both faculties not only produces confusion, but has had the effect of decreasing personal and cultural awareness of the higher faculty, Reason. Loss of a sense of Reason has arguably contributed to various psychological, social, moral, and spiritual problems of the modern age. This issue was also a central concern of 19th century Transcendentalists, who reacted to the radical empiricism of Locke. It would be advantageous to adopt consistent terms that make explicit a distinction between higher and lower reason. One possibility is to re-introduce the Greek philosophical terms nous and dianoia for the higher and lower reason, respectively. This discussion has certain parallels with the recent theories of McGilchrist (2009) concerning the increasingly left-brain hemisphere orientation of human culture. (shrink)

Common sense has it that animals matter considerably less than humans; the welfare and suffering of a cow, a chicken or a fish are important but not as much as the welfare and suffering of a human being. Most animal ethicists reject this “speciesist” view as mere prejudice. In their opinion, there is no difference between humans and other animals that could justify such unequal consideration. In the opposite camp, advocates of speciesism have long tried to identify a difference (...) that would fit the bill, but they have consistently seemed to fail. In light of this, some naturally began to appeal to Moorean arguments: the case against speciesism must be flawed somehow, these philosophers maintain, because speciesism is supported by a strong and widespread intuition. This chapter draws on recent findings in social psychology to criticize this defence of speciesism. It argues that the strong and widespread intuition that humans count more than animals is epistemically defective because it is causally shaped by a pair of irrelevant influences: cognitive dissonance and tribalism. Accordingly, it is no suitable basis for a Moorean argument. (shrink)

“Gettier cases” have played a major role in Anglo-American analytic epistemology over the past fifty years. Philosophers have grouped a bewildering array of examples under the heading “Gettier case.” Philosophers claim that these cases are obvious counterexamples to the “traditional” analysis of knowledge as justified true belief, and they treat correctly classifying the cases as a criterion for judging proposed theories of knowledge. Cognitive scientists recently began testing whether philosophers are right about these cases. It turns out that philosophers were (...) partly right and partly wrong. Some “Gettier cases” are obvious examples of ignorance, but others are obvious examples of knowledge. It also turns out that much research in this area of philosophy is marred by experimenter bias, invented historical claims, dysfunctional categorization of examples, and mischaracterization by philosophers of their own intuitive judgments about particular cases. Despite these shortcomings, lessons learned from studying “Gettier cases” are leading to important insights about knowledge and knowledge attributions, which are central components of social cognition. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s (...) confinement constituted a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

ABSTRACTWhat does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of (...) the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagreements, and also his reliance on constructive interpretation. But what we delineate is a far more general and explanatorily resourceful metasemantics than what Dworkin articulated, which also bypasses some controversial implications for the nature of law that Dworkin alleged. (shrink)

The moral error theory has become increasingly popular in recent decades. So much so indeed that a new issue emerged, the so-called “now-what problem”: if all our moral beliefs are false, then what should we do with them? So far, philosophers who are interested in this problem have focused their attention on the mode of the attitudes we should have with respect to moral propositions. Some have argued that we should keep holding proper moral beliefs; others that we should (...) replace our moral beliefs with fictional attitudes, beliefs in natural facts, or conative attitudes. But all these philosophers have set aside an important question about the content of these attitudes: which moral propositions, and more generally which moral theory, should we accept? The present paper addresses this neglected issue, arguing that moral error theorists should adopt a utilitarian moral fiction. In other words, they should accept the set of moral principles whose general acceptance would maximize overall well-being. (shrink)

There are many different meanings of sustainability and precaution and no evident connection between the new normative concepts and the traditional moral theories. We seek an ethical basis for sustainability and precaution—a common framework that can serve as a means of resolving the conceptual ambiguities of the new normative concepts and the conflicts between new and traditional moral concepts and theories. We employ a systemic approach to analyze the past and possible future extension of ethics and establish an inclusive (...) framework of ethical extension. This framework forms the basis for what we call a systemic ethic. (shrink)

In Western political philosophy, democracy is generally the dominant view regarding what the best form of government is, and this holds even in respect to promoting minority rights. However, I argue that there is a better theory for satisfying minority interests and rights. I amass numerous studies from the social sciences demonstrating how democracy does poorly in accounting for minority interests. I then contend that a particular hybrid view that fuses a meritocracy with democracy can do a better job (...) than democracy in accounting for minority interests and in having more equal rights and fair policies coming from the legislative and executive branches. Finally, I defend this thesis from numerous counters. (shrink)

Influential thinkers such as Young, Sugden, Binmore, and Skyrms have developed game-theoretic accounts of the emergence, persistence and evolution of social contracts. Social contracts are sets of commonly understood rules that govern cooperative social interaction within societies. These naturalistic accounts provide us with valuable and important insights into the foundations of human societies. However, current naturalistic theories focus mainly on how social contracts solve coordination problems in which the interests of the individual participants are aligned, not (...) competition problems in which individual interests compete with group interests. In response, I set out to build on those theories and provide a comprehensive naturalistic account of the emergence, persistence and evolution of social contracts. My central claim is that social contracts have culturally evolved to solve cooperation problems, which include both coordination and competition problems. I argue that solutions to coordination problems emerge from “within-group” dynamics, while solutions to competition problems result largely from “between-group” dynamics. (shrink)

Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 The Ethics of our (...) Digital Selves (Noah Levin) -/- UNIT TWO: TORTURE, DEATH, AND THE “GREATER GOOD” 7 The Ethics of Torture (Martine Berenpas) 8 What Moral Obligations do we have (or not have) to Impoverished Peoples? (B.M. Wooldridge) 9 Euthanasia, or Mercy Killing (Nathan Nobis) 10 An Argument Against Capital Punishment (Noah Levin) 11 Common Arguments about Abortion (Nathan Nobis & Kristina Grob) 12 Better (Philosophical) Arguments about Abortion (Nathan Nobis & Kristina Grob) -/- UNIT THREE: PERSONS, AUTONOMY, THE ENVIRONMENT, AND RIGHTS 13 Animal Rights (Eduardo Salazar) 14 John Rawls and the “Veil of Ignorance” (Ben Davies) 15 Environmental Ethics: Climate Change (Jonathan Spelman) 16 Rape, Date Rape, and the “Affirmative Consent” Law in California (Noah Levin) 17 The Ethics of Pornography: Deliberating on a Modern Harm (Eduardo Salazar) 18 The Social Contract (Thomas Hobbes) -/- UNIT FOUR: HAPPINESS 19 Is Pleasure all that Matters? Thoughts on the “Experience Machine” (Prabhpal Singh) 20 Utilitarianism (J.S. Mill) 21 Utilitarianism: Pros and Cons (B.M. Wooldridge) 22 Existentialism, Genetic Engineering, and the Meaning of Life: The Fifths (Noah Levin) 23 The Solitude of the Self (Elizabeth Cady Stanton) 24 Game Theory, the Nash Equilibrium, and the Prisoner’s Dilemma (Douglas E. Hill) -/- UNIT FIVE: RELIGION, LAW, AND ABSOLUTE MORALITY 25 The Myth of Gyges and The Crito (Plato) 26 God, Morality, and Religion (Kristin Seemuth Whaley) 27 The Categorical Imperative (Immanuel Kant) 28 The Virtues (Aristotle) 29 Beyond Good and Evil (Friedrich Nietzsche) 30 Other Moral Theories: Subjectivism, Relativism, Emotivism, Intuitionism, etc. (Jan F. Jacko). (shrink)

According to the moral error theory, all moral judgments are false. Until lately, most error theorists were local error theorists; they targeted moral judgments specifically and were less skeptical of other normative areas. These error theorists now face so-called “prudential parity objections”, according to which whatever evidence there is in favor of the moral error theory is also evidence for a prudential error theory. The present paper rejects three prudential parity objections: one based on the alleged irreducible normativity of prudential (...) reasons; another on the lack of a story about the normativity of hypothetical reasons; yet another on the very nature of reasons generally. I argue that these objections leave an important variant of a local moral error theory intact. (shrink)

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

In this review, we describe some of the central philosophical issues facing origins-of-life research and provide a targeted history of the developments that have led to the multidisciplinary field of origins-of-life studies. We outline these issues and developments to guide researchers and students from all fields. With respect to philosophy, we provide brief summaries of debates with respect to (1) definitions (or theories) of life, what life is and how research should be conducted in the absence of an accepted theory (...) of life, (2) the distinctions between synthetic, historical, and universal projects in origins-of-life studies, issues with strategies for inferring the origins of life, such as (3) the nature of the first living entities (the “bottom up” approach) and (4) how to infer the nature of the last universal common ancestor (the “top down” approach), and (5) the status of origins of life as a science. Each of these debates influences the others. Although there are clusters of researchers that agree on some answers to these issues, each of these debates is still open. With respect to history, we outline several independent paths that have led to some of the approaches now prevalent in origins-of-life studies. These include one path from early views of life through the scientific revolutions brought about by Linnaeus (von Linn.), Wöhler, Miller, and others. In this approach, new theories, tools, and evidence guide new thoughts about the nature of life and its origin.We also describe another family of paths motivated by a” circularity” approach to life, which is guided by such thinkers as Maturana & Varela, Gánti, Rosen, and others. These views echo ideas developed by Kant and Aristotle, though they do so using modern science in ways that produce exciting avenues of investigation. By exploring the history of these ideas, we can see how many of the issues that currently interest us have been guided by the contexts in which the ideas were developed. The disciplinary backgrounds of each of these scholars has influenced the questions they sought to answer, the experiments they envisioned, and the kinds of data they collected. We conclude by encouraging scientists and scholars in the humanities and social sciences to explore ways in which they can interact to provide a deeper understanding of the conceptual assumptions, structure, and history of origins-of-life research. This may be useful to help frame future research agendas and bring awareness to the multifaceted issues facing this challenging scientific question. (shrink)

At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition (...) from the state of nature to civil society. I then briefly point out how bringing this concept back to the fore could help to illuminate the current discussion on the foundations of basic human rights, and to evaluate cases where these seem to clash with property rights. (shrink)

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard (...) for impartiality as potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case. (shrink)

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the (...) state over its citizens despite the fact that those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

In this paper, I transcend the abstract engagement of J. L. Austin's Speech Acts theory and explore their sociopolitical advantages, using the Nigerian social space as my primary experimental field. Nigerian social space is quite hierarchical and progresses along apparently asymmetrical lines of social relationship (in most cases). This in turn, accentuates some sort of power dynamics. In every communication, there is an implicit reinforcement of the social fabric as well as the power dynamic, either through (...) one person's percep6of the social status of the other or, of one's emphasis of power dynamic over the other. Austin's theory comes to the fore as a very laudable framework to map this interesting sociological facts. This work then, offers a philosophical contribution to an otherwise, sociological/anthropological fact. My job in this paper, is to explore a sociopolitical negotiation of Austin's theory in a multiethnic nation-state as Nigeria where hierarchy and power dynamics are heavily emphasized. This paper thus highlights the importance of the perlocutionary acts and the felicity conditions, and also accentuates their implications for social interactions and power dynamics in the Nigerian social space. (shrink)

Jean-Jacques Rousseau is one of the most controversial philosophers and political theorists of the Enlightenment. He has often been accused of laying the ideological foundation for many repressive and radical movements and regimes, from the reign of terror of the French Revolution to the right-wing and left-wing totalitarian regimes of the twentieth century. Especially his idea of the general will has been criticised by scholars as an abstract Platonism that establishes the dictatorship of the state and rejects basic human rights. (...) Some authors even believe that all of Rousseau’s authoritarian passages are merely a paraphrase of arguments found in French absolutist thought. Nevertheless, Rousseau’s novelty lay in his denial of identifying authority with only one person. Instead, sovereignty was based on the will of all those people who made up the political body. Accordingly, the theory of absolute monarchy was transformed into an alternative democratic version of absolute popular sovereignty. Rousseau is also considered one of the classics of the contractual tradition. He argued that mankind without a govern- ment would live in what he called a “state of nature” where there would be no law and order. Thus, the main purpose of this paper is to compare Rousseau’s ideas about the principles of political authority in two of his works: “The Social Contract” and “Considerations on the Government of Poland”. In the first part of the paper we will briefly review the main concepts developed in The Social Contract, such as the general will, the social contract, sovereignty and direct democracy. In the second part, we will focus on the main ideas put forward in Considerations on the Government of Poland. Then, at the end, we will try to identify the reasons for the conceptual changes in some of Rousseau’s views. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

Whether it is about Québec independence, French language or immigration, nationalism is a crucial feature of Québec politics. The Québec 2018 election is not an exception. Scholars have developed theories about individual identity, the nation and nationhood, but we lack a citizens’ perspective. We provide the first thorough description of Quebeckers’ nationalism, which reveals a roughly normal (i.e. non-polarized) distribution of ethnic nationalism attitudes. Most importantly, we measure ethnic nationalism with a never tested measure in Québec and we show that (...) it substantially explains vote choice in the Québec 2018 election—especially the support for the Coalition Avenir Québec. Our research builds bridges between debates in political philosophy and political science and deepens our understanding of the Québec 2018 election. (shrink)

Francisco Suarez was a Spanish Jesuit scholastic who wrote extensively on theology, metaphysics, law, and politics at the turn of the 17th century. Highly regarded, he has remained influential until the present. This paper will focus on his theories of popular sovereignty and resistance that were so implicitly influential during the early modern period and into the Enlightenment. The clear evolution from the political thinking of Plato through the Aristotelian-Thomistic school is shown to evolve into Suarez’s as a result (...) of two factors: the universalization of natural law, and the greater emphasis placed on the individual as an independent subject. These two factors combined to subrogate the concession of authority to the people, now considered sovereign as a political body. This understanding enabled to Suarez develop a coherent resistance theory, showing in an objective non-sectarian way that political stability and legitimacy could be maintained if the deposition of a tyrannical monarch proved necessary. (shrink)

The emphasis in contemporary democratic theory and in the history of political thought on the peculiarly abstract theory of popular sovereignty of Locke and his twentieth-century intellectual descendants obscures a crucial relationship between constitutional self-government and nationalism. Through a Hobbesian and Filmerian critique of Locke and an examination of the political writings of George Lawson , the article shows the necessary connections between popular sovereignty, constitutionalism and a form of national consciousness that renders concrete the otherwise abstract and (...) airy notion of the pre-political community to which government is to be held accountable, and, through amyth of national origin, memories of native traditions of self-government, and stories of heroic ancestors who successfully defended those traditions against usurpers and tyrants, gives substance to theories of constitutional government. (shrink)

Objectivo principal do presente artigo é mostrar até que ponto o evolucionismo darwinista inclui proposições centrais testáveis, para além de várias proposições acessórias também elas testáveis. Nesse sentido, o autor constrói um argumento no sentido de mostrar que as alegações de Karl Popper, segundo as quais não pode ser concedido estatuto de cientificidade ao darwinismo, carecem de fundamento. O autor defende também a necessidade de um questionamento firme em relação a todo e qualquer argumento fornecido pela ciência, pois nem a (...) capacidade de previsão nem a universalidade das leis são garantia de que a ciência, também ela, nunca caia em erro. /// Aim of the present article is to show that the doctrine of evolution defended by Charles Darwin is grounded on propositions that are verifiable, as are verifiable many of its secondary propositions. The author builds up an argument that goes in the direction of showing how the allegations by Karl Popper against the scientific nature of Darwinism are not grounded in reality. The author of the article also defends the necessity of a firm questioning in relation to each and every argument advanced by the practitioners of science, since nor its anticipatory capacity nor the universality of its laws are warrant enough that the science never falls into error. (shrink)