In this study, the starting point is the well-known physical laws applied to human social life. On the basis of natural laws human actions are considered and through the prism of physical laws such concepts as use and possession are defined. A parallel is drawn between such a representation of these concepts and those conflicting views that are available in the literature regarding the concept of property. To complete the definitions of use and possession nature is introduced as a (...) fictitious owner. And on this basis, the positive possibility of a theoretical solution to the problem of initial assignment is shown. Again, on the basis of physical laws, the fundamental concept of [human] needs is introduced. It is shown that the collision of people's needs on the same thing allows uniform classifying property defined in literature as the relationship between a person and a thing or as the relationship between people because of a thing. Considering the relationship between two human beings through needs and costs, as a natural necessity, people inevitably renounce their claims to possess and use certain things in favor of other people. It is shown that this refusal forms the right of those people in whose favor this refusal is carried out to possess and use things. The right of one is the refusal of all others to own and use the thing. It is shown that the right was ensured and will always be ensured by force. The use or threat of the use of force is something that can reliably ward off a person from the unbridled realization of his needs. In the process of the formation of mankind, nature itself forces people to organize into communities that can oppose their individual members and their associations with significantly greater power. The whole, as a rule, is stronger than its part. And it is society that can reliably ensure the exercise of rights for its members. Natural laws also make it possible to resolve, on the basis of the concept of law, as a renunciation of possession and use, the issue of belonging to what nature gives us. These are natural resources and the human body. It is shown that the human body should belong to the person himself, and the resources to all members of society equally. The affiliation of all other things produced by man can be unambiguously determined within the framework of contractual relations between members of society, their associations and society as a whole. Since the right of everyone is ensured by the society, and, therefore, by each member of the society individually, a necessary condition for membership is understanding and recognition of the rights of certain things to other members of the society. And this may be the main criterion for joining full members of society, as opposed to the commonly used age criterion, which works on the bulk of people, but gives failures in many special cases. A typical example of such cases is the deprivation or infringement of the rights of persons of full legal age, but committed acts that are called unlawful in society. As part of the research on ownership issues, ownership is considered. It is shown that the necessary tool for using the objects of co-ownership is the voting of co-owners. A special case of co-ownership, when all co-owners have equal shares in co-ownership, is indistinguishable from what is called democracy. It is shown that voting in general and democracy in particular, as procedures for aggregating preferences, can have a positive decision, in refutation of the universality of the conclusion of Arrow's theorem. (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)

Volume 31, Issue 1, January 2023, Page 103-126.

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled (...) to form families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

This paper examines two ideas of John Rawls that are rarely discussed in conjunction: pure procedural justice (PPJ) and property-owning democracy. Applied to matters of distribu- tion, PPJ orders the establishment of fair procedures under which any private transaction can be considered just. It aims to secure equality without fixating on patterns of distribu- tion. How such an approach is constituted and how it applies to different stages of theori- sation are explored. Three components of PPJ and three guidelines (...) for its institutionalisa- tion are identified. As such, PPJ also provides a backbone to property-owning democracy. The understanding of property-owning democracy as an institution of PPJ helps us assess various interpretations and refinement of property-owning democracy. (shrink)

`Due recognition is a vital human need', argues Charles Taylor. In this article I explore this oft-quoted claim from two complementary and equally appealing perspectives. The bottom—up approach is constructed around Axel Honneth's theory of recognition, and the top—down approach is exemplified by T. M. Scanlon's brief remarks about mutual recognition. The former can be summed up in the slogan `wronging by misrecognizing', the latter in the slogan `misrecognizing by wronging'. Together they provide two complementary readings of (...) the claim that due recognition is a vital human need: one starts from needs, shows how we have a multifarious need for adequate recognition and builds up to a view about wronging; the other starts from wronging and discusses the kind of interest or need that we have of standing in relations where wronging is absent. (shrink)

Normative political philosophy always refers to a standard against which a society's institutions are judged. In the first, analytical part of the article, the different possible forms of normative criticism are examined according to whether the standards it appeals to are external or internal to the society in question. In the tradition of Socrates and Hegel, it is argued that reconstructing the kind of norms that are implicit in practices enables a critique that does not force the critic's particular views (...) on the addressee and can also be motivationally effective. In the second part of the article, Axel Honneth's theory of recognition is examined as a form of such reconstructive internal critique . It is argued that while the implicit norms of recognition made explicit in Honneth's philosophical anthropology help explain progressive social struggles as moral ones, his theory faces two challenges in justifying internal critique. The Priority Challenge asks for the reasons why the implicit norms of recognition should be taken as the standard against which other implicit and explicit norms are to be judged. The Application Challenge asks why a social group should, by its own lights, extend equal recognition to all its members and even non-members. The kind of functional, prudential, conceptual, and moral considerations that could serve to answer these challenges are sketched. (shrink)

The paper applies insights from Axel Honneth's recent book, The Struggle for Recognition, to the South African situation. Honneth argues that most movements for justice are motivated by individuals' and groups' felt need for recognition. In the larger debate over the relative importance of recognition compared with distribution, a debate framed by Taylor and Fraser, Honneth is presented as the best of both worlds. His tripartite schema of recognition on the levels of love, rights and solidarity, (...) explains how concerns for equality and difference are two separate needs, even though both must be satisfied. Past and ongoing struggles in South Africa can be understood as struggles for recognition. The African Renaissance itself, to be successful, must address economic and recognition issues simultaneously. (shrink)

Humans possess two nonverbal systems capable of representing numbers, both limited in their representational power: the first one represents numbers in an approximate fashion, and the second one conveys information about small numbers only. Conception of exact large numbers has therefore been thought to arise from the manipulation of exact numerical symbols. Here, we focus on two fundamental properties of the exact numbers as prerequisites to the concept of EXACT NUMBERS : the fact that all numbers can be generated by (...) a successor function and the fact that equality between numbers can be defined in an exact fashion. We discuss some recent findings assessing how speakers of Munduruc (an Amazonian language), and young Western children (3-4 years old) understand these fundamental properties of numbers. (shrink)

In this article I describe and defend an account of social freedom grounded in intersubjective recognition. I term this the ‘normative authorisation’ account. It holds that a person enjoys social freedom if she is recognised as a discursive equal able to engage in justificatory dialogue with other social agents about the appropriateness of her reasons for action. I contrast this with Axel Honneth’s theory of social freedom, which I term the ‘self-realisation’ account. According to this view, the affirmative (...) class='Hi'>recognition of others is necessary for obtaining a positive relation-to-self and hence freedom. I identify several problems with this account, which challenge the connection Honneth draws between social recognition and freedom. I show how the normative authorisation account avoids these problems and captures some basic features of our everyday, normative interactions. Finally, I suggest that the account fits well with recent work on epistemic injustice. Specifically, it shows that securing the social conditions of freedom requires ensuring epistemically-just social relations. Thus, the normative authorisation account is an explanatorily powerful, inclusive theory of social freedom that fits well with wider accounts of justice and freedom. Thus, it represents the most promising way of understanding social freedom in terms of interpersonal recognition. (shrink)

What does social justice require in contemporary societies? What are the requirements of social democracy? Who and where are the individuals and groups that can carry forward agendas for progressive social transformation? What are we to make of the so-called new social movements of the last thirty years? Is identity politics compatible with egalitarianism? Can cultural misrecognition and economic maldistribution be fought simultaneously? What of the heritage of Western Marxism is alive and dead? And how is current critical social theory (...) to approach these and other questions? Much of the most productive work done in recent social theory has revolved around such issues, in particular, around those concerning the relationship between the politics of recognition and the politics of distribution. After the intense theoretical focus over the last fifteen years or so on the issues of recognition politics—multiculturalism, multi-nationalism, identity politics, group-differentiated rights, the accommodation of difference, and so on—some social theorists have worried that attention has been diverted from important issues of distributive equality—systematic impoverishment, increasing material inequality, ‘structural’ unemployment, the growth of oligarchic power, global economic segmentation, and so on. While some critics seem to have adopted a blunt ‘it’s the economy, stupid’ line of criticism,1 others have attempted to develop an overarching, integrative theoretical framework adequate to the diverse issues concerning both economic and cultural justice. For example, Axel Honneth proposes that a suitably developed and normatively robust theory of intersubjective recognition can adequately integrate an analysis of apparently diverse contemporary struggles: those for a just division of labor and hence, a fair distribution of resources and opportunities, as well as those for a culture free of identity-deforming disrespect and denigration. (shrink)

Using the concepts of epistemic virtue and vice as defined by José Medina, and reciprocal recognition as outlined by Glen Coulthard, I argue that the Canadian state is currently in a non-reciprocal relationship with Indigenous peoples as a result of epistemic failure on the part of the state. This failure involves a surfacelevel recognition of Indigenous peoples at the same time as the manifestation of the epistemic vices of arrogance, laziness and closed-mindedness. The epistemic injustice framework alongside a (...) critique of the politics of recognition can help shed light on what is going wrong betweenthe settler state and Indigenous peoples. Moreover, by appealing to grounded normativity, an Indigenous ethical framework, I argue that a land-based ethics of reciprocity can help us move toward reciprocal recognition and equality, if we are epistemically humble, curious and open-minded to it. (shrink)

This paper is an engagement with Equality by John Baker, Kathleen Lynch, Judy Walsh and Sara Cantillon. It identifies a dilemma for educational egalitarians, which arises within their theory of equality, arguing that sometimes there may be a conflict between advancing equality of opportunity and providing equality of respect and recognition, and equality of love care and solidarity. It argues that the latter values may have more weight in deciding what to do than traditional educational egalitarians have usually thought.

Early Confucian “moral psychology” developed in the context of undoing reactive emotions in order to promote relationships of reciprocal recognition. Early Confucian texts diagnose the pervasiveness of reactive emotions under specific social conditions and respond with the ethical-psychological mandate to counter them in self-cultivation. Undoing negative affects is a basic element of becoming ethically noble, while the ignoble person is fixated on limited self-interested concerns and feelings of being unrecognized. Western ethical theory typically accepts equality and symmetry as conditions (...) of disentangling resentment; yet this task requires the asymmetrical recognition of others. Confucian ethics integrates a nuanced and realistic moral psychology with the normatively oriented project of self-cultivation necessary for dismantling complex negative emotions in promoting a condition of humane benevolence that is oriented toward others and achieved through self-cultivation. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits (...) a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

Property dualism [PD], when adopted by physicalists, is the view that mental properties are irreducible and joined to the physical. Many property dualists who subscribe to physicalism hold epiphenomenalism—the view that the mind does not have a causal role in affecting physical events (e.g., bodily movements).1 In this paper, I examine two possible origins of mental properties and the entailments of those origins if one is committed to physicalism. First, mental properties have a generative origin (e.g., emergence, neurophysiological, (...) etc.). Second, mental properties are fundamental. If mental properties have generative origins, then physicalism has an epistemological problem. Namely, if physical facts determine all mental facts, then we have exceedingly little evidence to favor the widespread existence of epiphenomenal minds over philosophers’ zombies.2 Briefly, the self has mental properties, but the irreducibility of mental properties and their causal inefficacy means that we cannot know the mental status of others. Whereas to claim mental properties as fundamental could entail panpsychism (or proto-panpsychism) and no physicalist method to determine what possesses mental properties. Fundamental mental properties entail the possibility of widespread epiphenomenal minds and the possession of mental properties by unexpected entities so that all biological material and some inanimate objects may have a near equal claim to possessing mental properties. (shrink)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

In this paper I argue that equal respect-based accounts of the normative basis of tolerance are self-defeating, insofar as they are unable to specify the limits of tolerance in a way that is consistent with their own commitment to the equal treatment of all conceptions of the good. I show how this argument is a variant of the long-standing ‘conflict of freedoms’ objection to Kantian-inspired, freedom-based accounts of the justification of systems of norms. I criticize Thomas Scanlon’s defence of ‘pure (...) tolerance’, Anna Elisabetta Galeotti’s work on the relationship between tolerance, equal respect and recognition, and Arthur Ripstein’s recent response to the ‘conflict of freedoms’ objection. The upshot of my argument is that, while valuing tolerance for its own sake may be an appealing ideal, it is not a feasible way of grounding a system of norms. I close with a thumbnail sketch of two alternative, instrumental (i.e. non-Kantian) approaches to the normative foundations of tolerance. (shrink)

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive justice. (...) On Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting would be (...) to make our worth contingent upon variable quality of life of judgments that can only be based on properties that come in degrees. Thus, rejecting the ‘dead donor’ rule comes at the expense of our egalitarian principles with respect to the value each individual human life has in relation to the protections against killing. (shrink)

The purpose of this paper is to briefl y examine one of the fundamental assumptions made in contemporary liberal political philosophy, namely that persons are free and equal. Within the contemporary liberal political thought it would be considered very uncontroversial and even trivial to claim something of the following form: “persons are free and equal” or “people think of themselves as free and equal”. The widespread nature of this assumption raises the question what justifies this assumption, are there good reasons (...) for holding it? After establishing some methodological remarks, including a distinction between having freedom-equality and being free-equal and restricting the domain of discussion to include only a subset of all moral questions, namely the questions of political morality, the paper deals with some conceptual issues concerning this assumption of persons as free and equal, such as how do free-and-equal-making properties relate to person-making properties. It then moves on to examine three broad ways the free-and-equal-mak-ing properties could be established. First, necessary property approaches, which take some necessary feature of persons to be what makes them free and equal (e.g. possessing an immortal soul). Second, contingent property approaches, which take some contingent feature of persons to be what makes them free and equal (e.g heir practise of reasoning). Third, agreement based approaches, which take some agreement or contract among persons to be the basis for their being free and equal (e.g. evolutionary emergence of our treatment of others). Strengths and weaknesses of all approaches will be examined. (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. (...) Owing to such occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

In this article, I argue that Hegel’s concept of recognition and Levinas’ concept of responsibility complement each other and lead to the idea of an asymmetrical reciprocity in which the origin of our social relations is not mutual equality, but rather mutual inequality. I will unfold this argument in three steps. I will first work out a fundamental asymmetry of recognition in Hegel by means of the figure of the bondsman before elucidating in a second step the asymmetry (...) of responsibility in Levinas by means of the figure of the hostage. In the last and third step, I will correlate both asymmetries and show how far the asymmetry of recognition and the asymmetry of responsibility constantly develop from and transition into one another in our social relationships. (shrink)

Individuals are owed equal respect. But on the basis of what property of individuals are they owed such respect? A popular Kantian answer —rational agency — appears less plausible in light of the growing psychological evidence that human choice is subject to a wide array of biases (framing, laziness, etc.); human beings are neither equal in rational agency nor especially robust rational agents. Defenders of this Kantian answer thus need a non-ideal theory of equal respect for rational agency, one (...) that takes seriously our characteristic deficiencies of practical rationality without junking the notion that rational agency entitles us to equal respect. This article defends an understanding of respect for rational agency wherein the object of such respect is individuals’ aspiration to rationally govern their lives. This understanding of respect for rational agency retains the core notion of respect as a kind of deference, directs respect at persons, has suitably egalitarian implications, and does not require us to deny the aforementioned psychological evidence regarding the infirmities of human rationality. (shrink)

In this paper, I offer a conceptual framework for understanding and evaluating personal identity claims. I analyze ontological and political properties of personal identity separately, arguing that their conceptual (if not practical) separation is necessary for a proper evaluation of different identity claims. I use probability theory to bypass some of the logical difficulties in conceptualizing personal identity and discuss a case of transitional identification. Finally, I outline the guidelines for a justified liberal policy of recognition.

Why is recognition of such an importance for humans? Why should lack of recognition motivate people to fight or work for recognition? In this article, I first discuss shortly Axel Honneth's psychologizing strategy for answering these questions, and suggest that the psychological harms of lack of recognition pointed out by Honneth are neither sufficient nor necessary for motivation to fight or work for recognition to arise. According to the alternative that I then spell out, (...) class='Hi'>recognition and lack of it are so intimately intertwined with some of the most fundamental and intuitively appealing facts about what it is to be a person in a full-fledged sense — arguably in any culture — that there are reasons to be optimistic about a more or less universal existence of latent motivation to fight or work for more or more equal recognition. (shrink)

This article aims to clarify how aspects of current chemical understanding relate to some important contemporary problems of philosophy. The first section points out that the long-running philosophical debates concerning how properties stay together in substances have neglected the important topic of structure-determining closure. The second part describes several chemically-important types of closure and the third part shows how such closures ground the properties of chemical substances. The fourth section introduces current discussions of structural realism (SR) and contextual emergence: the (...) final sections reconsider the coherence of the properties of substances and concludes that recognition that structures qualify as determinants of specific outcomes—as ‘causes’ as that designation is used in Standard English—clarifies how properties stay together in chemical entities, and by analogy, how characteristics cohere in ordinary items. (shrink)

In two experiments (N=888), we explore to what extent the folk concept of art is compatible with the leading philosophical definitions of art, and whether it is an essentialist or a non-essentialist concept. We manipulate three factors: whether an object is created intentionally, whether it has aesthetic value, and whether it is institutionally recognized. In addition, we also manipulate the artistic domain (visual art or music). The results suggest that none of the three properties is seen by the folk as (...) necessary for an object to be considered art, which suggests that the folk concept of art might be a cluster concept. (shrink)

This paper argues for deific perception, the idea that some perceptual experiences represent deific properties, as an explanation for a certain type of religious experience. Using Siegel's method of phenomenal contrast, a pair of experiences are compared: an ordinary perception of a black rose, and one where the rose seems imbued with religious significance. Intuitively, these have different phenomenologies. Deific perception posits that in the religiously-significant experience, a deific property like "being a creature of God" partly constitutes the visual (...) phenomenology. Rival explanations like differences in attention or cognitive penetration fail to account for the phenomenal contrast. Deific perception coheres with realism about religious properties and provides a naturalistic explanation of how some people directly sense the divine in nature. If valid, it suggests that with proper background beliefs and recognition capacities, perception can represent high-level deific properties, just as it may represent other abstract properties like natural kinds. The paper thus contributes to debates on the contents of perception and offers a sympathetic account of a class of numinous experiences. (shrink)

This book argues that there is a joint in nature between seeing and thinking, perception, and cognition. Perception is constitutively iconic, nonconceptual, and nonpropositional, whereas cognition does not have these properties constitutively. The book does not appeal to “intuitions,” as is common in philosophy, but to empirical evidence, including experiments in neuroscience and psychology. The book argues that cognition affects perception, i.e., that perception is cognitively penetrable, but that this does not impugn the joint in nature. A key part of (...) the argument is that we perceive not only low-level properties like colors, shapes, and textures but also high-level properties such as faces and causation. Along the way, the book explains the difference between perception and perceptual memory, the differences between format and content, and whether perception is probabilistic despite our lack of awareness of probabilistic properties. The book argues for perceptual categories that are not concepts, that perception need not be singular, that perceptual attribution and perceptual discrimination are equally fundamental, and that basic features of the mind known as “core cognition” are not a third category in between perception and cognition. The chapter on consciousness leverages these results to argue against some of the most widely accepted theories of consciousness. Although only one chapter is about consciousness, much of the rest of the book repurposes work on consciousness to isolate the scientific basis of perception. (shrink)

In Naked, Krista K. Thomason offers a multi-faceted account of shame, covering its nature as an emotion, its positive and negative roles in moral life, its association with violence, and its provocation through invitations to shame, public shaming, and stigmatization. Along the way, she reflects on a range of examples drawn from literature, memoirs, journalism, and her own imagination. She also considers alternative views at length, draws a wealth of important distinctions, and articulates many of the most intuitive objections to (...) her own view in order to defend it more thoroughly. As such, the book’s subtitle, The Dark Side of Shame and Moral Life, undersells its scope and ambition. This is an exploration not just of shame’s dark side but a kaleidoscopic appreciation of both the nature and the (dis)value of shame and shaming. Somewhat undercutting this breadth, Thomason relies heavily on Kantian intuitions about equal respect and recognition for persons and their dignity; in several key arguments, she tells us to disregard predictable and systematic consequences of emotions, practices, and institutions so that we can better focus on their constitutive or internal aspects. Of course, every philosopher inevitably brings theoretical commitments to bear when writing about moral psychology, but non-Kantian readers should be forewarned that — despite the fact that Thomason says that she does “not assume any particular moral theory” — her ethical conclusions about shaming and stigmatizing are likely to be plausible only to those who are already snugly tied into a web of “Kantian commitments” (p. 9). (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between (...) national and global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

Equality for Inegalitarians, by George Sher, Cambridge University Press, 2014. Luck egalitarianism has been a leading view in analytic political philosophy since it rose to prominence in the 1980s and 1990s. The theory holds that economic inequalities are acceptable when they are the result of choice but those due to luck should be redistributed away. Proponents generally favour extensive redistribution, on the grounds that luck -- including the luck of being born with a lucrative talent -- plays an extensive role (...) in economic affairs. If libertarians and other defenders of property rights have long appealed to choice and effort as grounds for not redistributing wealth, the novel twist of luck egalitarianism is that it appeals to the same underlying principles, the role of choice, to make the case for extensive redistribution. The term “luck egalitarianism” was coined by a critic, Elizabeth Anderson, who challenged the theory in a famous 1999 article, “What is the Point of Equality?” George Sher’s excellent book picks up where Anderson left off. According to Sher, despite its prominence and many nimble defenders, luck egalitarianism rests on philosophically dubious foundations. We should reject it, Sher argues, in favour of a philosophy that seeks, not to neutralize the role of luck in political and economic life, but one that instead tries to ensure that people are well-enough off to live their lives effectively. (shrink)

Laws of nature seem to take two forms. Fundamental physics discovers laws that hold without exception, ‘strict laws’, as they are sometimes called; even if some laws of fundamental physics are irreducibly probabilistic, the probabilistic relation is thought not to waver. In the nonfundamental, or special, sciences, matters differ. Laws of such sciences as psychology and economics hold only ceteris paribus – that is, when other things are equal. Sometimes events accord with these ceteris paribus laws (c.p. laws, hereafter), but (...) sometimes the laws are not manifest, as if they have somehow been placed in abeyance: the regular relation indicative of natural law can fail in circumstances where an analogous outcome would effectively refute the assertion of strict law. Many authors have questioned the supposed distinction between strict laws and c.p. laws. The brief against it comprises various considerations: from the complaint that c.p. clauses are void of meaning to the claim that, although understood well enough, they should appear in all law-statements. These two concerns, among others, are addressed in due course, but first, I venture a positive proposal. I contend that there is an important contrast between strict laws and c.p. laws, one that rests on an independent distinction between combinatorial and noncombinatorial nomic principles.2 Instantiations of certain properties, e.g., mass and charge, nomically produce individual forces, or more generally, causal influences,3 in accordance with noncombinatorial.. (shrink)

This paper provides an entrance into central discussions regarding Kant’s account of property. The first section shows how Kant engages and transforms important, related proposals from Hobbes and Locke as well as how the ‘libertarian’ and ‘liberal republican’ interpretive traditions differ in their readings on these points. Since Kantian theories for a long time didn’t focus on Kant’s Doctrine of Right but instead followed Rawls’s lead by developing Kantian theories grounded on Kant’s (meta-) ethical writings, the second section focuses (...) on property discussions found in the Rawlsian tradition. The final section shows how important contemporary work in the Kantian tradition goes beyond Rawlsian, libertarian, and liberal republican concerns of distributive justice among free and equal citizens, to include questions central to, for example, the philosophy of care, feminist philosophy, philosophy of race, philosophy of sex and love, and environmental philosophy. (shrink)

Many have been attracted to the idea that for something to be good there just have to be reasons to favour it. This view has come to be known as the buck-passing account of value. According to this account, for pleasure to be good there need to be reasons for us to desire and pursue it. Likewise for liberty and equality to be values there have to be reasons for us to promote and preserve them. Extensive discussion has focussed on (...) some of the problems that the buck-passing account faces, such as the 'wrong kind of reason' problem. Less attention, however, has been paid as to why we should accept the buck-passing account or what the theoretical pay-offs and other implications of accepting it are. The Normative and the Evaluative provides the first comprehensive motivation and defence of the buck-passing account of value. Richard Rowland argues that the buck-passing account explains several important features of the relationship between reasons and value, as well as the relationship between the different varieties of value, in a way that its competitors do not. He shows that alternatives to the buck-passing account are inconsistent with important views in normative ethics, uninformative, and at odds with the way in which we should see practical and epistemic normativity as related. In addition, he extends the buck-passing account to provide an account of moral properties as well as all other normative and deontic properties and concepts, such as fittingness and ought, in terms of reasons. (shrink)

The word ‘equality’ often requires disambiguation, which is provided by context or by an explicit modifier. For each sort of magnitude, there is at least one sense of ‘equals’ with its correlated senses of ‘is greater than’ and ‘is less than’. Given any two magnitudes of the same sort—two line segments, two plane figures, two solids, two time intervals, two temperature intervals, two amounts of money in a single currency, and the like—the one equals the other or the one is (...) greater than the other or the one is greater than the other [sc. in appropriate correlated senses of ‘equals’, ‘is greater than’ and ‘is less than’]. In case there are two or more appropriate senses of ‘equals’, the one intended is often indicated by an adverb. For example, one plane figure may be said to be equal in area to another and, in certain cases, one plane figure may be said to be equal in length to another. Each sense of ‘equality’ is tied to a specific domain and is therefore non-logical. Notice that in every cases ‘equality’ is definable in terms of ‘is greater than’ and also in terms of ‘is less than’ both of which are routinely considered domain specific, non-logical. The word ‘identity’ in the logical sense does not require disambiguation. Moreover, it is not correlated ‘is greater than’ and ‘is less than’. If it is not the case that a certain designated triangle is [sc. is identical to] an otherwise designated triangle, it is not necessary for the one to be greater than or less than the other. Moreover, if two magnitudes are equal then a unit of measure can be chosen and, no matter what unit is chosen, each magnitude is the same multiple of the unit that the other is. But identity does not require units. In this regard, congruence is like identity and unlike equality. In arithmetic, the logical concept of identity is coextensive with the arithmetic concept of equality. The logical concept of identity admits of an analytically adequate definition in terms of logical concepts: given any number x and any number y, x is y iff x has every property that y has. The arithmetical concept of equality admits of an analytically adequate definition in terms of arithmetical concepts: given any number x and any number y, x equals y iff x is neither less than nor greater than y. As Aristotle told us and as Frege retold us, just because one relation is coextensive with another is no reason to conclude that they are one. (shrink)

In this essay, I challenge Charles Mills’s use of the category of moral personhood for advancing a robust anti-racist political critique in nonideal circumstances. I argue that the idea of the moral equality of persons is necessary but insufficient for reparative justice. I enrich the normative basis of political critique to include: (1) a clarification of what the public recognition of moral personhood can legitimately entail as a requirement of justice enforceable by the state, especially with respect to economic (...) reforms that advance equal opportunity and (2) a conception of non-alienated labor that assails identity-based occupational segregation in the labor market. These additional components do not exhaust the plausible bases for political critique, but enrich it in a way that the idea of moral equality alone cannot. (shrink)

Many interpreters argue that irrational acts of exchange can count as rational and civic-minded for Hegel—even though, admittedly, the persons who are exchanging their property are usually unaware of this fact. While I do not want to deny that property exchange can count as rational in terms of ‘mutual recognition’ as interpreters claim, this proposition raises an important question: What about the irrationality and arbitrariness that individuals as property owners and persons consciously enjoy? Are they mere (...) vestiges of nature in Hegel’s system, or do they constitute a simple yet valid form of freedom that is not only a part of Hegel’s rational system of right, but its necessary starting point? I will argue the latter: The arbitrary, purely egoist self-definition of property owners is the simplest possible type of freedom for Hegel, which he dissects in order to show how the very arbitrary self-definition implicitly relies on an identity between persons, and hence foreshadows the more social forms of freedom Hegel will discuss later in his book. I make this argument by highlighting Hegel’s references to his discussion of atoms and freedom in his Logic of Being. (shrink)

This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic (...) assumptions about how law is made and what laws we should have in a given area, if any. I begin by analyzing different aspects of U.S. law, from a high-level critique of law making to a critique of rights assignment for what I call 'simple nonrival goods.' I describe my understanding, as a non-lawyer with a background in psychology and computing, of the current conventions in U.S. law, consider the foundational assumptions that justify current conventions, describe advances in psychology and technology that call these conventions into question, and briefly note how the law might normatively change in this light. I then apply this general analysis to the question of domain name assignment by the Internet Corporation for Assigned Names and Numbers (ICANN). (shrink)

In a world where increasingly more voices from different geographical areas talk speak about equality between people, religions are called to uphold and preach human dignity and rights of all people, without taking account of race, sex or religion. In the interreligious dialog, the meetings between representatives of Christianity and Islam have multiplied considerably and they deal with themes analyzing preaching and defending human rights at all levels of life. From the preceding discussion it is clear that the human rights (...) issue is quite sensitive, especially after the latest political, economic and social events that have shaken the world in which we live. After the period of time that the proclamation and recognition of global human rights were made as contained in the various international documents, it was passed into a new phase where the followers of different religions should work together for human dignity and human rights. (shrink)

Vetter (2015) develops a localised theory of modality, based on potentialities of actual objects. Two factors play a key role in its appeal: its commitment to Hardcore Actualism, and to Naturalism. Vetter’s commitment to Naturalism is in part manifested in her adoption of Aristotelian universals. In this paper, we argue that a puzzle concerning the identity of unmanifested potentialities cannot be solved with an Aristotelian conception of properties. After introducing the puzzle, we examine Vetter’s attempt at amending the Aristotelian conception (...) in a way that avoids the puzzle, and conclude that this amended version is no longer to be considered naturalistic. Potentiality theory cannot be both actualist and naturalist. We then argue that, if naturalism is to be abandoned by the actualist, there are good reasons to adopt a Platonist conception of universals, for they offer a number of theoretical advantages and allow us to avoid some of the problems facing Vetter’s theory. (shrink)

This paper investigates the identity and function of τὰ μεταξύ in Aristotle and the Early Academy by focussing primarily on Aristotle’s criticisms of Xenocrates of Chalcedon, the third scholarch of Plato’s Academy and Aristotle’s direct competitor. It argues that a number of passages in Aristotle’s Metaphysics (at Β 2, Μ 1-2, and Κ 12) are chiefly directed at Xenocrates as a proponent of theories of mathematical intermediates, despite the fact that Aristotle does not mention Xenocrates there. Aristotle complains that the (...) advocates for mathematical intermediates produce theories that are ontologically and epistemologically inefficient (related to, but not confined by, the “Uniqueness Problem”); that their so-called “intermediates” feature properties opposed to those of the forms on which those intermediates are thought to depend; and that what is μεταξύ must be between objects of a different genus. In all three cases, Aristotle’s criticisms are shown to be reactions to the metaphysics and cosmology of Xenocrates, especially his doctrine of the intermediary demonic isosceles triangle souls. Xenocrates emerges as a prime candidate for Aristotle’s critique of Platonist τὰ μεταξύ theories – equal to, and possibly even exceeding, Plato as target. (shrink)

Slurs are typically defined as conveying contempt based on group-membership. However, here I argue that they are not a unitary group. First, I describe two dimensions of variation among derogatives: how targets are identified, and how offensive the term is. This supports the typical definition of slurs as opposed to other derogatives. I then highlight problems with this definition, mainly caused by variable offence across slur words. In the process I discuss how major theories of slurs can account for variable (...) offence, and conclude that contempt based on group-membership doesn’t cover all the data. I finish by noting that the most offensive slurs are those that target oppressed groups. I claim it is oppression that underpins most offence, and that beyond this offensive property, some slurs are actively used to oppress. (shrink)

In this paper, we propose some transfor mations based on the centroid points between single valued neutrosophic numbers. We introduce these trans formations according to truth, indeterminacy and falsity value of single valued neutrosophic numbers. We propose a new similarity measure based on falsity value between single valued neutrosophic sets. Then we prove some properties on new similarity measure based on falsity value between falsity value between single valued neutrosophic sets. Furthermore, we propose similarity measure based on falsity value between (...) single valued neutrosophic sets based on the centroid points of transformed single valued neutrosophic numbers. We also apply the proposed similarity measure between single valued neutrosophic sets to deal with pattern recognition problems. (shrink)

Unlike other writing systems that are readily classifiable as alphabetic or syllabic in their structure, the Indic Devanagari script (of which Hindi is an example) has properties of both syllabic and alphabetic writing systems. Whereas Devanagari consonants are written in a linear left-to-right order, vowel signs are positioned nonlinearly above, below, or to either side of the consonants. This fact results in certain words in Hindi for which, in a given syllable, the vowel precedes the consonant in writing but follows (...) it in speech. The current research exploited this property of the script to examine when the disparity between spatial and temporal sequenc- ing would incur a processing cost and the implications of the findings from naming speed, accuracy, and writing order for the level at which words in Devanagari are segmented. The results support a partly phonemic and partly syllabic level of segmentation, consistent with the structural hybridity of the script. (shrink)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an (...) additional and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

Good sciences have good metaphors. Indeed, good sciences are good because they have good metaphors. AI could use more good metaphors. In this editorial, I would like to propose a new metaphor to help us understand intelligence. Of course, whether the metaphor is any good or not depends on whether it actually does help us. (What I am going to propose is not something opposed to computationalism -- the hypothesis that cognition is computation. Noncomputational metaphors are in vogue these days, (...) and to date they have all been equally plausible and equally successful. And, just to be explicit, I do not mean “IQ” by “intelligence.” I am using “intelligence” in the way AI uses it: as a semi-techical term referring to a general property of all intelligent systems, animal (including humans), or machine, alike.). (shrink)

American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due in (...) part to the investments of employees and of the host community. The contributions of the latter should therefore be adequately recognized in law. Short-term job protection and long-term planning for leisure are helpful. But still more important is a recognition in public policy of the interests of the community in property owned by corporations. There is ample precedent in our legal traditions for public preemption of private property; but in contrast to much taking in the past, this must be exercized in a manner that is truly for the public benefit. (shrink)