The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such as an (...) individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

In this article, I discuss the Protestant contribution to the modern concept of autonomy on the basis of an analysis of John Calvin's moral theology. I show that Calvin affirms our incapacity to know and want what is morally good, as expressed by natural law. Such incapacity is compensated for by the biblical mandates that, according to Calvin, should be incorporated into the positive legislation of Christian republics. In view of all this, I conclude that Calvin is far from the (...) Kantian idea of autonomy which defines our Modernity. (shrink)

The topic I address in this paper is whether the independence of Church and State brought about by the Lutheran Reformation tantamounted to the secularisation of the latter. Taking into account two recent essays by Harold Berman and John Witte on the Lutheran contribution to the Western legal tradition, I argue that Luther’s criticism of the catholic doctrine of Papal power came hand in hand with a theologization of the foundations of the authority of the State, which is difficult to (...) deem «secular». (shrink)

In this article it is defended that the notion known as “The mark of the cognitive” is better characterized as a process that performs the function of generating intelligent behavior, in a flexible and adaptive way, capable of adapting to circumstances, given it is a context sensitive process. For that, some relevant definitions of cognition are examined. In the end, it is pointed out that the definition of the mark of cognition as a context-sensitive process takes into account several factors (...) that were added as constitutive parts of cognitive phenomena over the years, especially the 4E Cognition, which cannot be satisfactorily accommodated alongside the preceding notions of cognition. Accordingly, this essay shouldn’t be mistaken merely as an exercise in intellectual history, but as a brief and accessible attempt to advance the debate. (shrink)

For the philosopher of Rotterdam, religious coercion has two essential sources of illegitimacy: the linking of religious and ecclesiastical belief and the use of politics for religious purposes. Bayle responds to it, with his doctrine of freedom of conscience, on one hand and by means of the essential distinction between voluntary religious affiliation and political obligation, on the other hand. From my perspective, his doctrine of tolerance does not involve an atheist state, nor does it mean the rejection of the (...) presence of religion in the public space or its displacement to the intimate sphere of the conscience. This paper proposes a reading of Baylean tolerance as a political doctrine that allows the articulation between freedom of conscience, minority confessions, and official religion. Thus, the Baylean theoretical model could be considered a proposal to provide a normative form to the practice of toleration present in the seventeenth -century Netherlands. (shrink)

Ever since Freud pioneered the “talking cure,” psychologists of various stripes have explored how autobiographical narrative bears on self-understanding and psychic wellbeing. Recently, there has been a wave of philosophical speculation as to whether autobiographical narrative plays an essential or important role in the constitution of agentic selves. However, embodiment has received little attention from philosophers who defend some version of the narrative self. Catriona Mackenzie is an important exception to this pattern of neglect, and this paper explores Mackenzie’s work (...) on embodiment and self-narrative with the aim of better understanding the adequacy of autobiographical narrative as an account of the agentic self. I argue that Mackenzie’s narrative account of embodied subjectivity and agency is incomplete, for it over-estimates the reach of narrative and underestimates the cognitive and agentic powers of the lived body. (shrink)

For most interpreters of the philosopher from Rotterdam, his political doctrine is solely a consequence of his religious and moral doctrines, and so an image of Bayle as a political philosopher is not usually presented. To my mind, however, only by analyzing his political doctrine can the extent of his religious proposal be understood. In this article, I intend to show that both the Baylean criticism of popular sovereignty and his rejection of the right of resistance are analyses that are (...) indissociable from the Baylean doctrine of tolerance. The protection of individual freedom of conscience and the defense of a multi-confessional state model, tolerant regarding religious minorities, can only be articulated as historical reality if they rest on the political doctrine of indivisible sovereignty and on the strictest separation between political obedience and religious membership. (shrink)

The “film as philosophy” (FAP) hypothesis turned into a field if its own right during the 2000s, after S. Mulhall’s On Film (2001). In this work, Mulhall defended that some films philosophize for themselves. This caused controversy. Around the same time of On Film’s release, B. Russell published the article “The philosophical limits of film” (2000). This article had one of the first attacks against FAP, posing some main objections based on metaphilosophical grounds, which were called the “generality” and the (...) “explicitness” objections. These objections made by Russell and by M. Smith are based on the idea that film and philosophy are too different in their purposes or ways of presentation, ideas that are grounded in implicit or explicit conceptions of philosophy. In this chapter, these will be analyzed, as well as some other metaphilosophically grounded objections, as a line of reasoning connecting to attempts of responding to them will be drawn. After doing so, it will be concluded that their metaphilosophical grounds are implausible, and, thus, they are not definite objections against FAP. (shrink)

In this article, we will analyze the redefinition that Hobbes applies to the essential elements of Protestant biblical hermeneutics in the Leviathan. Establishing who is the authorized interpreter, defining the rules for conducting a proper exegesis, and determining the content that results from both tasks, is of utmost importance. The answers to these three questions lay the foundation for a new relationship between civil and ecclesiastical power and fully immerse Hobbes in the theological-political discussion of the 17th century.

Feminist studies of female genital cutting (FGC) provide ample evidence that many women exercise effective agency with respect to this practice, both as accommodators and as resisters. The influence of culture on autonomy is ambiguous: women who resist cultural mandates for FGC do not necessarily enjoy greater autonomy than do those women who accommodate the practice, yet it is clear that some social contexts are more conducive to autonomy than others. In this paper, I explore the implications for autonomy theory (...) of these understandings of the relation between culture, FGC, and women’s agency. I review the range of worldwide FGC practices – including “corrective” surgery for “ambiguous genitalia” in Western cultures as well as the various initiation rites observed in some African and Asian cultures – and the diverse cultural rationales for different forms of FGC. I argue that neither latitudinarian, value‐neutral accounts of autonomy nor restrictive, value‐saturated accounts adequately explain women’s agentic position with respect to FGC. I then analyze a number of educational programs that have enhanced women's autonomy, especially by strengthening their introspection, empathy, and imagination. Such programs, which engage women's autonomy skills without exposing them to autonomy‐disabling cultural alienation, promote autonomy‐within‐culture. This understanding of autonomy as socially situated, however, entails neither endorsement of FGC nor resignation to its persistence. (shrink)

Durante siglos, se consideró un deber del buen cristiano obligar, a todos los hombres a entrar en el seno de la Iglesia, puesto que de ello dependía su salvación eterna. Esta doctrina presupone que existe una nítida diferencia entre verdad religiosa y error. Para Bayle, sin embargo, la creencia religiosa solo puede aspirar a convertirse en una verdad putativa, sustentada en la convicción subjetiva del fiel, concepción que le permite desdibujar el propio concepto de herejía y criticar las persecuciones religiosas (...) de su tiempo. (shrink)

It is usually assumed that political modernity and the reformation go hand in hand. Authors such as Hegel, Tocqueville, Jellinek or Martha Nussbaum find in the protestant reformation the origin of ideas such as political freedom or freedom of conscience. In this paper, I will try to analyze the relationship between these two concepts in two fundamental characters in the Calvinist tradition. John Calvin, its founding father, on the one hand, and, on the other, Pierre Bayle, the Rotterdam philosopher who (...) pushed Calvinism to its most heterodox forms in the XVII century. I will show how they both understand the interpretation of the Bible and the political arrangements that they defended for their close context. (shrink)

Em Uma Teoria da Justiça John Rawls ao eleger como bem primário mais importante as bases sociais do autorrespeito (autoestima), aponta que a capacidade do indivíduo de reconhecer seu próprio valor moral e a legitimidade do seu plano de vida também é objeto de justiça social. Martha Nussbaum, Axel Honneth e Avishai Margalit defendem que a humilhação privaria os indivíduos de respeitarem (ou estimarem) a si mesmos. Neste artigo será salientado como cada autor, à sua maneira, salienta pontos sobre a (...) humilhação: a humilhação institucional (Avishai Margalit), a humilhação como a face pública da vergonha social (Martha Nussbaum), e por fim a humilhação como rompimento de expectativas normativas de reconhecimento (Axel Honneth). (shrink)

Freedom as a natural right, the importance of consent, defending the idea that government should be in the hands of the most virtuous and reflective citizens, denouncing patronage, the need to link individual and political freedom ? These are some of the characteristics of La Boétie's doctrine that I believe place him within the tradition that Quentin Skinner calls the neo-Roman conception of civil liberty. Of course, La Boétie did not write a positive defence of the rule of law, as (...) Livy did in his History of Rome and as the English republicans do, but the Discourse can easily be read as a legal plea condemning absolute monarchy and any kind of arbitrary regime. (shrink)

Não é novidade no ambiente acadêmico as reticências da teórica crítica Nancy Fraser para com a teoria da justiça de John Rawls. Mais especificamente, sua desconfiança é que a justiça rawlsiana não seja capaz de capturar devidamente a complexidade das desigualdades sociais nas sociedades contemporâneas: seja porque sua teoria moral (da justiça) é presumidamente descolada de uma teoria social de fundo; seja porque sua teoria moral (da justiça) é considerada reducionista (ou “monista”). Porém, o espírito do presente artigo não é (...) de aprofundar suas diferenças metodológicas, mas sim colocar as bases para se pensar possíveis “semelhanças de família” entre suas concepções de justiça. Afinal, ambas as formulações se apresentam como abordagens “deontológicas”, ou seja, que priorizam o correto (o justo) sobre o bem. Na primeira seção, retorna-se ao célebre debate redistribuição e reconhecimento, onde Fraser apresenta as novas abordagens liberais – com destaque à de Rawls - como as principais representantes do paradigma redistributivo no cenário contemporâneo. Ao mergulhar nessas passagens, é possível revelar precisamente quais os pontos de concordância e discordância de Fraser para com a teoria deontológica de Rawls. Dando continuidade, na segunda seção é explorado sua principal discordância: o presumido “reducionismo” da teoria da justiça rawlsiana à dimensão redistributiva (econômica), aqui chamada de crítica do reducionismo redistributivo. Se essa objeção procede ou não é objeto da terceira e última seção. Nela, é argumentado que mesmo que as preocupações normativas de Fraser (quanto ao problema do reducionismo) sejam válidas, ainda assim, esse problema não se aplica à teoria rawlsiana. Ao contrário, é argumentado que é possível encontrar “semelhanças de família” entre as concepções de Fraser e Rawls: (a) no seu alicerce e compromisso com o pluralismo, (b) na sua investigação e defesa do status igualitário entre as pessoas e, finalmente, (c) na constatação que o ideal normativo da igualdade democrática entre as pessoas (ou paridade de participação) requer dos arranjos institucionais não somente a redistribuição de recursos e bens econômicos, como também elementos de qualidades diferentes. (shrink)

While the Academic sceptics followed the plausible as a criterion of truth and guided their practice by a doxastic norm, so thinking that agential performances are actions for which the agent assumes responsibility, the Pyrrhonists did not accept rational belief-management, dispensing with judgment in empirical matters. In this sense, the Pyrrhonian Sceptic described himself as not acting in any robust sense of the notion, or as ‘acting’ out of sub-personal and social mechanisms. The important point is that the Pyrrhonian advocacy (...) of a minimal conception of ‘belief’ was motivated by ethical concerns: avoiding any sort of commitment, he attempted to preserve his peace of mind. In this article, I argue for a Cartesian model of rational guidance that, in line with some current versions of an agential virtue epistemology, does involve judgment and risk, and thus which is true both to our rational constitution and to our finite and fallible nature. Insofar as epistemic humility is a virtue of rational agents that recognise the limits of their judgments, Pyrrhonian scepticism, and a fortiori any variety of naturalism, is unable to accommodate this virtue. This means that, in contrast to the Cartesian model, the Pyrrhonist does not provide a satisfactory answer to the problem of cognitive disintegration. The Pyrrhonist thus becomes a social rebel, one that violates the norm of serious personal assent that enables the flourishing of a collaborative and social species which depends on agents that, however fallible, are accountable for their actions and judgments. (shrink)

É amplamente reconhecido que para mitigar a mudança climática antropogênica são necessários urgentes esforços institucionais em várias dimensões: tecnológicos, infraestruturais, mas também socioculturais. Isso significa que, para que haja a transição ecológica para uma sociedade mais verde e sustentável, um conjunto de mudanças estruturais econômicas, políticas e culturais deverão ser rearticuladas nos próximos anos. Por um lado, ao passo que é inegável que, para conter a mudança antropogênica, o uso do poder institucional deve ser usado de modo mais incisivo nas (...) mais diversas esferas que estruturam o social. Por outro lado, não fica evidentemente se as liberdades serão afetadas e, em caso positivo, como elas serão afetadas. Diante da urgência do problema, o artigo propõe normativamente explorar o conflito entre, por um lado, a exigência do uso do poder institucional para conter a mudança climática antropogênica em tempo e, por outro, a garantia pelo mais amplo esquema de liberdades políticas, econômicas e civis nas sociedades democráticas liberais. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...) I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

Pierre Bayle and the impossibility of a rational debate on evil I claim that Bayle engaged with theodicy in order to show how philosophy was misused in religious matters. For Bayle, the debate on evil does not oppose dichotomically reason and religion, it just requires that the participants deal with revealed truths using reason alone. In this regard, Bayle does not only criticize the Calvinist theologians of his time, but also the very source of Christian theology, Augustine of Hippo. En (...) ese artículo, sugerimos que el debate sobre la teodicea bayleana tiene por finalidad hacer patente el uso ilegítimo que se hace de la filosofía al aplicarla al debate religioso. La discusión sobre el mal no supone una disputa entre la razón en sentido absoluto y la religión, sino que compromete el uso de la razón en la revelación, de modo exclusivo Por esa razón, como veremos, el filósofo de Rotterdam no limita su crítica a la teología calvinista de su tiempo sino que la dirige al mismo corazón de la teología cristiana: la obra de Agustin de Hipona. (shrink)

For most interpreters of the philosopher from Rotterdam, his doctrine of tolerance is solely a consequence of his religious and moral doctrines. In this article, I intend to show that his doctrine rest on the political doctrine of indivisible sovereignty and on the strictest separation between political obedience and religious membership. Baylean tolerance is a political doctrine that allows the articulation between freedom of conscience (individual), minority confessions (private associations), and public religion (acknowledged as official).

This paper discusses the reach of ecclesiastical power in Hobbes' Leviathan, examining how the State acquires some of the roles traditionally played by the Church. I will first contextualize historically the ecclesiological debates on which Leviathan draws. Then, I will examine the essential role Hobbes assigns to the king in the governance of the church. Although Hobbes' political theology is often deemed atheist, in Leviathan the king becomes the institutional head of the Church. Moreover, he should establish a minimal Christian (...) creed to be shared by his subjects, in order to preserve religious peace among the different churches of his kingdom. (shrink)

Calvin was a man of the Church so his political doctrine stems from his ecclesiology, in response to both the Papal doctrine on the delegate power of the magistrates, and the Lutheran subordination of the Church to the civil authorities. He was not concerned with discussing the best possible regime, but rather with preparing a theological justification of civil power that would make it depend exclusively on God, not on the people. I will hold that Calvin states the people’s function (...) is merely instrumental: they accept the authority chosen by God, but do not institute it. The only really relevant element is that both political vocation and the transmission of power that is indispensable to it, derive uniquely and exclusively from God. The discrepancies apparent in different authors’ interpretations can be clarified by recovering the context of his argumentation. This is the objective of this article. (shrink)

This paper argues that potential cases of oppression, such as sex trafficking, can sometimes comprise autonomous choices by the trafficked individuals. This issue still divides radical from liberal feminists, with the former wanting to ‘rescue’ the ‘victims’ and the latter insisting that there might be good reasons for ‘hiding from the rescuers.’ This article presents new arguments for the liberal approach and raises two demands: first, help organizations should be run by affected women and be open-minded about whether or not (...) the trafficked individuals should remain in the sex industry. Second, the career choices of trafficked individuals should be expanded by the introduction of an opportunity-extending right to asylum. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...) people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

In this paper, we try to show that the existing Spanish secular model should be defined in terms of collaboration. Religious freedom is interpreted by Spanish judges in a Catholic framework, as an implementation of the Second Vatican Council's Declarations and Constitutions. In this sense, the Catholic Church has managed to impose its authority through privileged agreements with the Spanish State. _Keywords:_ religious freedom, secularism, Spain, religious law.

In this article we compare the experiences of women members of the board of directors of U.S. and Norwegian corporations. Based on the personal stories of two women directors from each country, we discuss similarities and differences in the role and characteristics of women corporate directors and the processes and behaviours they are involved in as directors within and outside the boardroom. We also investigate the role of gender-related dynamics in these two countries, focusing on board roles and processes, and (...) the visible and invisible board structures with which women corporate directors contend. (shrink)

This interview was carried out on 13 December 2018 as Michael Williams was in Porto for a meeting of the Contextualism Network organised by the MLAG – Mind, Language, and Action Research Group (Institute of Philosophy of the University of Porto). We would like to thank him for his willingness to reply to our questions. -/- .

In this study, I aimed to carry out a comparative analysis of the methods of conversational philosophy and sage philosophy as contributions towards overcoming the problem of methodology in African philosophy. The purpose was to show their points of convergence and probably, if possible, their point of divergence as well. I did not intend to show that the method of one is superior or inferior to the other. The objective was to provide an analysis to show that the two methods (...) are essentially the same with little variations. Thereafter, I highlighted their significance as methods of doing African philosophy and discussed their problems as well. I used the methods of analysis and hermeneutics. From the study, I concluded that conversational philosophy is an extension or a modified form of sage philosophy. The implication of this conclusion is that sage philosophy and conversational philosophy should overlap each other in research and purposes. (shrink)

O debate fomentado nos anos oitenta entre liberais e “comunitaristas” tende a contrastar radicalmente as concepções teóricas de John Rawls e Charles Taylor, sendo o primeiro o representante principal da vertente liberal e o segundo do “comunitarismo”. Ao contrário do que sustenta essa distinção, neste artigo proponho ir para além dela, a fim de defender que há convergências dos autores no que tange à discussão sobre o pluralismo. Em um primeiro momento, apresento os diagnósticos de Rawls e de Taylor quanto (...) ao fato do pluralismo nas sociedades modernas como uma característica contextual irreversível (I). Em um segundo momento, diante da tensão ética insuperável entre divergentes concepções bem, a saída mais viável caminha para a justiça. Para tanto, desenvolvo a concepção de “justiça política” de Rawls em “O Liberalismo Político” e as publicações mais recentes de Charles Taylor como em “Secularism and Freedom of Conscience”, “A Secular Age” e “Why We Need a Radical Redefinition of Secularism?”, que parecem sustentar certa “virada liberal-rawlsiana” no pensamento do autor (II). Em um terceiro momento, efetuo uma distinção entre o fato do pluralismo (razoável) e o valor do pluralismo, para finalmente concluir o artigo argumentando que tanto Rawls como Taylor tendem a defender o pluralismo como um valor político para as instituições e não como um valor moral abrangente para os indivíduos. (shrink)

The thesis aims to provide an interpretation of John Rawls’ social bases of self-respect from the debate on redistribution and recognition in the current state of the art of theories of justice. The first chapter reenacts the reception of Rawlsian theory in the debate based on three critiques: (a) Iris Young's critique of the allocative-distributive paradigm, (b) Axel Honneth’s critique of the legal-political limitation, (c) Nancy Fraser's critique of the redistributive-reductionism. Far from considering the conception of ‘justice as fairness’ as (...) an insensitive terrain for dealing with matters of recognition, criticisms point out, on the contrary, the attempts of liberal Rawlsian theory to move into these issues, mainly taking the social bases of self-respect into account. However, these criticisms agree that Rawls' theory of justice would fail for several reasons. In the following chapters, each of these criticisms is addressed. The second chapter replies to Young's criticism. Contrary to what the author have supposed, ‘justice as fairness’ is better understood as a relational conception of justice rather than an allocative-distributive one. The third chapter addresses Honneth's criticism. On the one hand, the Critical Theorist is right in stating the limitations of Rawls' theory of justice; however, on the other hand, a deontological theory of justice – like the Rawlsian one – conceives these limitations as a normative advantage rather than as a theoretical flaw. The fourth chapter focuses on Fraser's critique. Likewise in her deontological model, it is argued that ‘justice as fairness’ would also have taken the cultural dimension of justice duly into account as well as, more specifically, status inequalities and cultural conflicts. Given the compatibility between their normative models, in the fifth and last chapter, a return to Fraser's deontological recognition via Rawls is advocated. (shrink)

Este artigo propõe apresentar como ao longo das três gerações da Teoria Crítica – Max Horkheimer, Jünger Habermas, Axel Honneth – foi-se modificando o vocabulário acerca do que ela deveria denunciar ou expor. Segundo Horkheimer, caberia à Teoria Crítica expor as contradições sociais do sistema de sua época, já o segundo Habermas expõe as tensões inerentes às sociedades complexas e, por fim, Axel Honneth, os desenvolvimentos falhos (ou desviantes) da ideia de liberdade. Cada autor, a sua maneira,.

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...) heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

In this paper we advance a new solution to Quinn’s puzzle of the self-torturer. The solution falls directly out of an application of the principle of instrumental reasoning to what we call “vague projects”, i.e., projects whose completion does not occur at any particular or definite point or moment. The resulting treatment of the puzzle extends our understanding of instrumental rationality to projects and ends that cannot be accommodated by orthodox theories of rational choice.

In this article I propose an original view of the nature of shared intention. In contrast to psychological views (Bratman, Searle, Tuomela) and normative views (Gilbert), I argue that both functional roles played by attitudes of individual participants and interpersonal obligations are factors of central and independent significance for explaining what shared intention is. It is widely agreed that shared intention (I) normally motivates participants to act, and (II) normally creates obligations between them. I argue that the view I propose (...) can explain why it is not a mere accident that both (I) and (II) are true of shared intention, while psychological and normative views cannot. The basic idea is that shared intention involves a structure of attitudes of individuals –including, most importantly, attitudes of reliance – which normally plays the relevant motivating roles and creates the relevant obligations. (shrink)

Jenny Saville is a leading contemporary painter of female nudes. This paper explores her work in light of theories of gender and embodied agency. Recent work on the phenomenology of embodiment draws a distinction between the body image and the body schema. The body image is your representation of your own body, including your visual image of it and your emotional attitudes towards it. The body schema is comprised of your proprioceptive knowledge, your corporeally encoded memories, and your corporeal proficiency (...) with respect to various environments and activities. Saville is concerned with body image issues, and I discuss how she reconfigures representational practices with respect to feminine body images. However, the most exciting potential for feminist analysis of the state of the female nude derives from the concept of the body schema, for this concept endows the human body with subjectivity and agency. My key question, then, is by what pictorial means and to what extent Saville succeeds in representing agentic womanhood. I argue that interpreting Saville’s paintings from the standpoint of the body schema demonstrates the radicality of her remaking of the female nude and the rapport between her imagery and feminist values. (shrink)

In conflict resolution discourse the two challenging and contrasting concepts, violence and non-violence, are often presented as opposites and contradictory. On the basis of this, one is affirmed against the other. In this article, we aimed to present violence and non-violence as complementary phenomena toward a complementary process of conflict resolution. The objective was to provide an analysis to show that the two concepts can contribute meaningfully to conflict management and resolution. To achieve this aim and objective, we highlighted their (...) significance as methods of resolving and managing conflict, and discussed their problems as well. We used the method of complementary analysis to render a practical account of this discourse; the paper reviewed a number of scenarios where the strategies of violence and non-violence were employed towards conflict resolution and transformation. This enables us to see how the violent and non-violent methods can contribute to resolve the issue of conflict. From the analysis, we concluded that methods of violence and non-violence should overlap each in conflict and peace research. (shrink)

This paper addresses two related topics: 1. The disanalogies between elective cosmetic practices and sex reassignment surgery. Why does it seem necessary for me – an aging professional woman – to ignore the blandishments of hairdressers wielding dyes and dermatologists wielding acids and scalpels? Why does it not seem equally necessary for a transgendered person to repudiate sex reassignment procedures? 2. The role of the body in identity and agency. How do phenomenological insights regarding the constitution of selfhood in relation (...) to the interplay between the body image and corporeal know-how contribute to an account of the agency of transgendered individuals? Studying several paintings by contemporary feminist artist Jenny Saville has advanced my thinking on these topics. Saville’s imagery is an invaluable aid to reflection on these issues because she uses her painterly technique, which critics often dub “virtuoso,” to represent lived human bodies. In her work, viewers encounter representations of subjectivized, agentic corporeity, as distinct from inert, objectified flesh. Moreover, her sympathetic engagement with nonconformist, devalued bodies helps to reconfigure the standard gestalts of the human body that viewers typically carry with them and thus to convert fear and/or disgust into appreciation and understanding. In this paper, I consider three of Saville’s paintings. Plan, Saville’s self-portrait as a nude female whose body has been prepped for liposuction, conveys the pathos of this procedure. Matrix is a nude portrait of self-described “gender variant visual artist” Del LaGrace Volcano. In the words of one critic Saville’s depiction of Volcano’s nude intersexed body “restores beauty to the primitive [female] genital organ.” Passage, another nude portrait of an intersexed individual, is an image of vibrant sexuality despite the presumptively jarring juxtaposition of breasts and a penis. I argue that conceiving the agentic subject as a rational deliberative capability that uses a conjoined body as the instrument of its will makes it impossible to theorize the agency of transgendered people. In contrast, when agentic subjects are understood as embodied subjects and embodiment is understood as a dimension of practical intelligence, the agency of transgendered individuals is intelligible. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

Philosophers of action of different persuasions have suggested that there is a tight connection between the phenomenon of intending and the phenomena of “being settled on” and of “settling” a course of action. For many, this connection supports an important constraint on intention: one may only intend what one takes one’s so intending as settling. Traditionally, this has been understood as a doxastic constraint on intention: what one takes one’s intention as settling is what one believes one’s so intending as (...) settling. This paper proposes an alternative conception of such a constraint. The idea is to conceive of it in terms of the attitude of reliance, rather than of belief. The aim of the paper is three-fold: to clarify the connection between intending to act and the phenomena of being settled on and of settling a course of action, to provide support for the reliance conception of the cited constraint, and to show that this conception drives a wedge in the familiar dispute, between doxastic and conative accounts of intention, as to whether intending to act necessarily involves the belief that one will so act. (shrink)

In this paper I consider recent discussions within the representationalist theories of phenomenal consciousness, in particular, the discussions between first order representationalism (FOR) and higher order representationalism (HOR). I aim to show that either there is only a terminological dispute between them or, if the discussion is not simply terminological, then HOR is based on a misunderstanding of the phenomena that a theory of phenomenal consciousness should explain. First, I argue that we can defend first order representationalism from Carruthers' attacks (...) and ignore higher order thoughts in our account of phenomenal consciousness. Then I offer a diagnostic of Carruthers' misunderstanding. In the last section I consider further reasons to include mindreading abilities in an explanation of phenomenal consciousness. (shrink)

In 2015, Fainos Mangena published an essay entitled “How Applicable is the Idea of Deep Ecology in the African Context?” where he presented a number of arguments to support his thesis that deep ecology as discussed in the West has no place in the African context. Mangena later presented a counter-version of deep ecology that he claims is based on African philosophy. In this paper, I interrogated Mangena’s arguments for rejecting deep ecology and found that they were based on certain (...) erroneous presuppositions. Further, I developed a critique of Mangena’s Shona version of deep ecology which shows it to be impractical, unappealing, and based on a misunderstanding of the true nature of the modern African environment. I employ the method of conversationalism in this work. Keywords: Deep Ecology, African Environmental Ethics, Fainos Mangena. (shrink)

The problem of time has been present throughout history of philosophy since its beginnings. However to consider what is time is not a matter of technical theorization, conversely, this results interesting in as much as a reflection on the nature of world, and even the human particularities, cannot evade time problem. Aristotle is a stage under obligation in history of philosophy. My main purpose is to understand why time is problematic and what difficulties we have to meet with (chapter one). (...) On the other hand, I'm interested in the way Aristotle give an account of these difficulties in virtue of the relation among movement or change, magnitude and time, as well as the latter character of number (chapters two and three). Finally, is necessary to present some subsequent problems related with the time theory at stake (chapter four). (shrink)