“Freedom” is a phenomenon in the natural world. This phenomenon—and indirectly the question of free will—is explored using a variety of systems-theoretic ideas. It is argued that freedom can emerge only in systems that are partially determined and partially random, and that freedom is a matter of degree. The paper considers types of freedom and their conditions of possibility in simple living systems and in complex living systems that have modeling subsystems. In simple living systems, types (...) of freedom include independence from fixed materiality, internal rather than external determination, activeness that is unblocked and holistic, and the capacity to choose or alter environmental constraint. In complex living systems, there is freedom in satisfaction of lower level needs that allows higher potentials to be realized. Several types of freedom also manifest in the modeling subsystems of these complex systems: in the transcending of automatism in subjective experience, in reason as instrument for passion yet also in reason ruling over passion, in independence from informational colonization by the environment, and in mobility of attention. Considering the wide range of freedoms in simple and complex living systems allows a panoramic view of this diverse and important natural phenomenon. (shrink)

In this paper, I argue that Plotinus does not limit the sphere of free human agency simply to intellectual contemplation, but rather extends it all the way to human praxis. Plotinus’s goal in the first six chapters of Ennead 6.8 is, accordingly, to demarcate the space of freedom within human practical actions. He ultimately concludes that our external actions are free whenever they actualize, in unhindered fashion, the moral principles derived from intellectual contemplation. This raises the question of (...) how the freedom of practical actions might relate to the freedom of intellectual contemplation. After considering two previously offered models—a model of double activity, and an Aristotelian model of practical syllogism—I offer a third alternative, namely a model of moral attunement, according to which our rational desires assume a kind of ‘care of the soul’ through active supervision. Practical life is thus imbued with freedom to the extent that the soul supervises its actions to conform to its will and choice of the good. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter (...) examines refugeehood as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

Freedom, liberty and rights are terms that long have suffered from vagueness that allows a host of differing interpretations, most of them ideological and overly simplistic. Good, serious modeling descriptions of those terms would not overlook the necessary complexity involved in these social interactions. MacCallum’s idea of (political and social) triadic freedom is here extended to include resources, ability, externalities, benefits to the exerciser, and reasons for non-interference. Interference is described as a subset of freedoms with significant externalities. (...) A right is then described as a compound of a freedom protected by interferences. This provides a basis for the analysis of the game-theoretic economics of rights and when they will be produced. (shrink)

Human life in contemporary society is extremely complex and there are various external factors that directly affect the realization in the individual ends. In this work I analyze the effects of the global market economy, manifested by a mode of production and distribution of goods and services in the form of a global network of economic relations, which involve people, transnational corporations and political and social institutions in moral sphere of people, affecting their choices and the realization of these (...) choices. Individual freedom can be understand as a freedom to realize our choices in the environment of a global economic market, but it is still problematic in the sense that the choices of goods and services available in this market do not reflect individual choices, but a set of preferences standardized according to the market itself. In this paper I will reflect about the individual freedom in economic globalization pointing from the debate between Pettit and Berlin that social freedom advocated by Republican Petit can be satisfactory for a start. (shrink)

With self-determination as its implication, freedom can create room for such psychological mechanism as internalization to perform the function of transforming the external social regulation into self-regulation. For this transformation to be viable, however, subject needs to be formed and subsequently social regulation becomes redundant, thanks to the formation of subject. Freedom as a necessary condition for the subject formation and this transfiguration of social regulation is often neglected in favor of social order. Drawing on various intellectual (...) resources, this article explores the inner logic and consequence of Legalism, in its segregation of politics (social order) and morality. (shrink)

According to standard late medieval Christian thought, humans in heaven are unable to sin, having been “confirmed” in their goodness; and, nevertheless, are more free than humans are in the present life. The rise of voluntarist conceptions of the will in the late thirteenth century made it increasingly difficult to hold onto both claims. Peter Olivi suggested that the impeccability of the blessed was dependent upon a special activity of God upon their wills and argued that this external constraint (...) upon their wills did not eliminate their freedom. Later voluntarists largely agreed with Olivi in attributing the confirmation of the blessed to be dependent upon God’s activity in some way, but disputed the means by which and the extent to which the wills of those in heaven could be said to retain their freedom. This paper will examine various attempts made to either harmonize these two claims or else to soften the blow of rejecting one of them; among the authors surveyed will be Peter John Olivi, John Duns Scotus, Henry of Harclay, William of Ockham, Walter Chatton, and Margurite Porete. (shrink)

This paper concerns the relationship between two questions. The first is a question about inner freedom: What is it to be rendered unfree, not by external obstacles, but by aspects of oneself? The second is a question about agency: What is it to fail at being a thing that genuinely acts, and instead to be a thing that is merely acted upon, passive in relation to its own behaviour? It is widely believed that answers to the first question (...) must rest on or be partly explained by answers to the second. Here I argue that this is a mistake: losses of inner freedom are not, after all, explicable in terms of failures of agency. To establish this conclusion, I consider three familiar lines of thought that appear to tie ideas about inner freedom to ideas about agency, each relating to a different conception of inner freedom: absence of inner constraint, self-government, and absence of determination by external forces. I argue that, in each case, any apparent conceptual reliance on a special conception of agency is merely illusory, the result being that we must allow clear water between our theories of inner freedom and our theories of agency. This conclusion is of significance for contemporary theories of agency and personal autonomy, as well as for ‘positive’ conceptions of political liberty. (shrink)

In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like institution) fails to protect (...) human rights, it loses its moral status and becomes liable to both internal and external interference. I argue that this account not only steers a middle course between so-called natural-law and political approaches to human rights but also satisfies three important theoretical desiderata— explanatory power, functional specificity, and critical capacity. (shrink)

In the Ethics, Spinoza famously rejects freedom of the will. He also offers an error theory for why many believe, falsely, that the will is free. Standard accounts of his arguments for these claims focus on their efficacy against incompatibilist views of free will. For Spinoza, the will cannot be free since it is determined by an infinite chain of external causes. And the pervasive belief in free will arises from a structural limitation of our self-knowledge: because we (...) are aware of our actions but unaware of their causes, we suppose that we alone must be responsible for them. Yet I argue that the standard accounts miss a further element of Spinoza’s arguments that also targets compatibilist views on which free will is consistent with a specific kind of determination—namely, self-determination in accordance with our value judgments. For Spinoza, we are misled not only in supposing that our actions lack external determination but also in thinking that they are determined by our representations of value. In fact, our actions are determined by our appetites, which are blind to our value judgments. And the pervasive belief that our actions are determined by such judgments arises from the projection of value onto the objects we seek. As he denies us free will, then, Spinoza also denies us a capacity central to agency—the capacity to determine our actions in accordance with our ideas of the good. This makes his arguments against free will more consequential, and more radical, than commonly assumed. (shrink)

Critics have alleged that Democritus’ ethical prescriptions (“gnomai”) are incompatible with his physics, since his atomism seems committed to necessity or chance (or an awkward combination of both) as a universal cause of everything, leaving no room for personal responsibility. I argue that Democritus’ critics, both ancient and contemporary, have misunderstood a fundamental concept of his causality: a cause called “spontaneity”, which Democritus evidently considered a necessary (not chance) cause, compatible with human freedom, of both atomic motion and human (...) actions. Some influential contemporary compatibilists have argued that freedom and responsibility are compatible with causal determinism, but not intentional constraint where some other agent is intentionally manipulating or coercing one’s actions. In line with this, Democritus holds that humans should not blame their actions on other agents like the gods, or agent-like external forces like fate or chance, but should assume ultimate intentional control over their own choices and actions. The famous remark of his associate Leucippus that “everything happens for a reason and out of necessity” is a fitting slogan of their atomistic philosophy, for Democritus pursued what can without anachronism be recognized as a causal theory of freedom. (shrink)

This essay explores the phenomenon of spirituality by delineating the rise of free will as a product of a reflective consciousness synthesized from conditioned responses resulting from external demands.

Stoic philosophers had to face the accusation of incoherence, self-contradiction and Paradoxes since ancient times. Plutarch in his Moralia writes against them; Cicero devotes a separate work on stoic paradoxes. Even in contemporary Literature there are still discussions on the possibility of such an incoherence and existence of paradoxes in the stoic theory. At first glance, stoic Cosmology gives the impression to both accept a kind of Determinism, and at the same time it undoubtedly argues for the moral agent’s (...) class='Hi'>freedom of the Will. In pre-stoic or even other contemporary to Stoicism Philosophical Traditions, the definitions that these two terms/concepts are given, fairly accuse as incoherent any Theory that does not set them as “contraries”. Under these types of accusations, the stoic Cosmology and Theory of the Freedom of the Will is often to be included. This phenomenal self-contradiction inside the Principles of Stoicism becomes even more obvious in Epictetus, a philosopher of the Late Stoa. He is interested in practical ethics, thus the phenomenal contradiction gets more lucid. This would have augmented the criticism of the Stoic philosophy for incoherence, if Epictetus had not made his main philosophical aim/target : the clarification of how an agent’s Will can be Free inside a Universe ruled by Fate/Destiny ; namely, a Universe merely Determined by Nature’s/God’s Will. Epictetus’ originality appears in the way he interrelates the concept of Freedom of the Will with the concept of Destiny and Determinism, in order to accomplish their simultaneous co-existence. This approach guards him against being easily accused for incoherence and self-contradiction. Through the unique way he understands and defines the Moral Agency, which is the agent’s internal state/condition/disposition, he steers towards an integrated, accomplished, strong and coherent line of argument. This sturdy declaration is able to support the weight of the Consent to a Free Will, and thus a certain kind Freedom of the moral agent. The excellence of this line of argument is that it can bear also the burden of the Consent to the phenomenally contrary concept of Determinism and Destiny. The elements used to the construction of this argument, which is stretched throughout the whole epictetean corpus can be summarised to a few key concepts, which are: the things which are in our power and the things which are not in our power, the concept of Freedom. These concepts work towards his philosophical targeting, because of the special definition he gives them. Axiomatically Epictetus states that in order for man to be free, it is necessary to be liberated from what the body forces him to do. Desires, passions and beliefs are considered as elements which are external to the moral agent. The moral agent “shrinks” into the Will. Thus man has the capability to free himself from anything external to his Will and therefore to harmonise his own Will to the Will of Nature/God; namely, to will what Nature/God wills and thus never conflict to the external facts. Consequently, Epictetus’ solution, is to include in the category of τά οὐκ ἐφ' ἡμῖν anything that he defines as external to the prohairesis: the desires, beliefs, passions and in general anything the body entails, the external facts. Thus the prohairesis, remains unhindered and it is completely depended on man’s power ; as characteristically Epictetus writes, “not even Zeus himself can overpower” the prohairesis. -/- Dissertation for the MSc Ancient Philosophy (2008-2009) at The University of Edinburgh, supervised by Inna Kupreeva. (shrink)

This work aims to understand the affective dimension that permeates human relationships and the variation that characterizes their forms. The concepts presented here aim to situate man in relation to these two poles of his existence, servitude and freedom, which are urgent for us to reflect on the subject of ethics today. Considering instability as a constitutive mark of the affective field through which man relates, we will resort to concepts which will support and illustrate the idea which we (...) intend to present, namely the economic nature of the bodily forces which motivate and intervene in such relations which pass, as they are established, to a configuration of power. From the philosophical concepts of affection, servitude and freedom, according to Spinoza, it is possible to understand the existential and ethical dimension that runs through human life. The Freudian concepts of herd instinct, identification and love can be understood as affections belonging to the soul of the herd which, in its psychic process, leads man to his state of servitude. From these foundations, one can think about human freedom and how man can, through sublimatory processes, become the cause of himself, and thus show new possibilities, outlets that man has under his own power to make his life more joyful and, in this way, not to live at the mercy of external causes that result in shocks, condemning him to the bondage of his own passions. This research brings these questions to reflection to show how the traditional way of thinking directly impacts man in his way of relating, freely or not, to the world and, finally, how another perspective of understanding this which constitutes its nature allows a new posture in the face of desire itself. -/- . (shrink)

Freedom is a necessary prerequisite for living, as most existentialists emphasized. A prominent existentialist, Sartre, fully appreciated the importance of freedom in helping humans lead authentic lives. In his philosophical magnum opus, Being and Nothingness, he boldly contends that human beings possess absolute freedom, meaning they are not determined by external factors or pre-existing essence, and are therefore responsible for creating their 'own' meaning and purpose in life. Admittedly, Sartre claims that man's freedom is tied (...) to responsibility. He proposed the notion of freedom and responsibility as a moral compass for leading an authentic existence. This critical analysis explores Sartre's notion of existential freedom, focusing on its philosophical conceptions, implications, and deficiencies. This paper will properly understand Jean-Paul Sartre's notion of freedom and responsibility, starting by defining freedom in the way Sartre wants us to conceive it. This paper will examine some of the objections raised by Alvin Plantinga against Sartre's philosophy of freedom. And finally, this paper will also analyze Sartre's notion of freedom and responsibility and reveal its incompatibilities with universal morality. By critically evaluating Sartre's concept of existential freedom, this analysis aims to contribute to a deeper understanding of his existentialist philosophy and stimulate further dialogue on the nature and implications of human freedom. (shrink)

In current debates on Descartes’ metaphysics of the mind, the question tends to be whether his position is that of a libertarian or of a compatibilist concerning the freedom of the will. I intervene in this discussion by focusing on the experience of choosing freely. To do this I take a closer look at the 'feeling of not being determined by external forces', an up to now too little discussed passage of the 'Fourth Meditation'. In successively considering God, (...) an evil genius and the faculty of understanding as external forces acting on the will, I show how Descartes’ discussion of freedom of choice implicates both his ethical and epistemological ambitions in a way that could benefit the libertarian-compatibilist debate. To determine the nature of the freedom of will in Descartes, one may not only discuss the causality of the operations of the will, but also the perception of this causality by the mind, in other words, the experience of freedom. (shrink)

What are the freedom-relevant conditions necessary for someone to be a morally responsible person? I examine several key authors beginning with Harry Frankfurt that have contributed to this debate in recent years, and then look back to the writings or Søren Kierkegaard to provide a solution to the debate. In this project I investigate the claims of semi-compatibilism and argue that while its proponents have identified a fundamental question concerning free will and moral responsibility—namely, that the agential properties necessary (...) for moral responsibility ascriptions are found in scenarios where the agent acts on her own as opposed to her action resulting from freedom undermining external causes such as manipulation, phobias, etc.—they have failed to show that the freedom-relevant agential properties identified in those actual-sequence scenarios are compatible with causal determinism. My argument is that only a voluntarist-libertarian theory can adequately account for the kinds of cases that the semicompatibilist identify. I argue that there are three freedom-relevant conditions necessary for someone to be a morally responsible person: a hierarchical understanding of human desires [specifically and mental states generally], an incompatibilist (non-deterministic) understanding of human action, and a historical understanding of character development. The ability to reflect critically about one’s own desires and emotions, and thus to have a kind of self-knowledge and understanding with regard to the springs of one’s own actions, is required to make it possible for the agent to be the “source” of her own actions and character. The non-deterministic understanding of human action is needed for a similar reason: if determinism is true, then every action a person performs can be ultimately traced to and exhaustively explained in terms of factors outside the agent’s control, thus making the agent’s responsibility for his actions an illusion. And finally,human nature must be such that, over time, one’s choices leave a dispositional residue self-understanding and motivation in the person’s self, out of which, in mature understanding and motivation, the person acts as a fully responsible agent. (shrink)

To pursue the cultivation of a compassionate disposition is often perceived as an external demand, constraining one's individual freedom. Some might think of it as a necessary burden for the benefit of society, while others may exercise it only in the most convenient occasions. This most common view is gravely impoverished. Compassion is in fact a cognitive disposition with a certain historical life that actually frees us from our own perceptive constraints.

Global capitalism is the politico-economic structure that subjects everything to its interests. It creates unimaginable poverty, ecological crisis, the ongoing pandemic, wars without end, and other horrors that humans can inflict against each other. Within this capitalist configuration, an idea and a political movement emerged that seeks to destroy the foundation of this system. Communism is this idea and political movement. The foundation of capitalism that they wanted to dismantle is private bourgeois property. In general, the Bolshevik revolution did destroy (...) that foundation, but this was not enough. It only resulted in the eventual transformation of the party as the collectivized bourgeoisie with its authoritarian state apparatus. It transformed this bourgeois-liberal capitalism into state-run capitalism. The revolutionary class that was supposed to be emancipated, remained as they were in capitalism, producer of the means of subsistence and surplus value. The eventual dissolution of the Soviet Union did not mean that the idea of communism is already dead. It should have been the perfect time to reassess the theoretical foundations of communism and test the ideas of Marx and others in their practical-idealistic form. The production and reproduction of capitalist social relations create everyday consciousness for all capitalist subjects, even to passionate communist revolutionaries. This is how ideology works. But the continuing havoc of global capitalism continues. The Left goes on with their same old traditions. They do not see that precisely ii their unceasing failure is one of the conditions for capitalism and its state apparatus to have the capacity to reinvent itself. In Pandemic 2: Chronicles of a Time Lost, Slovenian-born philosopher and global thinker Slavoj Zizek said that capitalism is incapable of solving the Covid-19 crisis. In his more than a thousand-page book paradoxically called Less Than Nothing, he said that ‘really existing’ socialism failed because it was ultimately a subspecies of capitalism. Can we utilize this Zizekian idea of communism, an idea that generates criticism both to capitalism and 20th-century communism to reinvent communism for it to revitalize its struggle against global capitalism? To answer this question, I employed Critical Theory through the ideas of communism of Zizek. I started with capitalism’s totality. It manifests itself in the world of commodities. Commodities are everywhere and almost in everything. Commodification not only involves things that man uses but humanity herself is commodified. Then I elaborated on the notion of the proletariat because she is the “commodified man” personified. The identification of the proletariat almost exclusively with factory workers is the prevailing idea in the Left movement. I tried to show that the proletariat is the overwhelming majority in every industry. Capitalism, I claim is both producing employment and unemployment. And the unemployed, not only are included as members of the proletarian class, but looking at it objectively, they may play a significant role in the political struggle of the proletariat against the bourgeoisie. Therefore, as I tried to describe in quite a detailed fashion the various industries of capitalism and the sub-groups of the unemployed, it becomes evident that even without mentioning it, the proletariat is the class that almost everyone belongs to, except, as might be expected, the bourgeoisie. -/- Then I mustered the audacity to question Marx and Engels’ Communist Manifesto. I also tried to imagine what will happen to the economic categories in Marx’s Capital in communism. My objective was to identify what is lacking in Marx that may explain the Left’s unending failure. I think I succeeded, although in a very superficial manner, in trying to locate what was missing in Marx’s theory. It was not enough to transform the bourgeois property into public property, but this transformation must stop commodity production itself. Commodity production is this self-perpetuating character of capitalist production. Then it led to further elucidation of the metamorphosis of commodity production to the production of human needs. Another idea is the double negation of the communist revolution. Communism must not only negate the bourgeois class but the proletariat herself. Marx only emphasized the dissolution of the bourgeoisie but failed to relate this dissolution to the proletariat’s self-negation. Absolutely, the significant reduction of working hours is fundamental for communism. This reduction must result from the conscious expansion of the workers' free time. Expanding free time is at the same time reducing time for production. Essentially, this is the process of the self-negation of the proletariat. I also tried to put forward an idea that directly links reform and revolution. They are directly linked with each other because both are communistic. A communist campaign for higher wages is directly involved with the communist expansion of political power. Communist reform becomes revolutionary. Concomitantly, the notion of revolution also changes. The communist revolution, instead of it being a sudden, external, and most often violent event, becomes an internal transformative process and possibly less violent. I concluded by transforming the concepts I think Marx missed into political possibilities. That is why I expounded on the immediate aims Marx and Engels enumerated in the Communist Manifesto and tried to claim the probability of the impossible in the communist struggle for political power and Man’s eventual freedom. -/- Marx's description of factory work creates no illusion about the status of freedom in capitalism. In Capital, he said that “factory work... confiscates every atom of freedom, both bodily and in intellectual activity.” And I think Marx made clear that the only way to freedom is ultimately to destroy capitalism. These words of his in Capital will cast no doubt, “the knell of capitalist private property sounds. The expropriators are expropriated.” And to signify who are those experiencing this unfreedom, Marx and Engels summon the subject of the revolution in their famous lines in the Communist Manifesto and urge them to fight, “the proletarians have nothing to lose but their chains. They have a world to win.” Today is the time for philosophy because it is the age of declining freedom. But the prevailing capitalist structure is necessitating this unfreedom. And for philosophy to become what it is, communism should become philosophy. (shrink)

The provision of a marriage right is a distinctive aspect of Kant ’s political philosophy and seems, initially, difficult to reconcile with the general concern with ensuring external freedom of action apparent in the universal principle of Right and the sole innate right said to follow from this principle. I claim that this provision can be regarded as consistent with this general focus and that Kant ’s treatment of issue suggests an interesting secular argument for the institution of (...) marriage. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly (...) transforms this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

How do we care well for a human being: ourselves or another? Non-Kantian scholars rarely identify the philosophy of Kant as a particularly useful resource with which to understand the full complexity of human care. Kant’s philosophy is often taken to presuppose that a philosophical analysis of good human life needs to attend only to how autonomous, rational agents—sprung up like mushrooms out of nowhere, without a childhood, never sick, always independent—ought to act respectfully, and how they can be forced (...) to interact rightfully. Questions involving aspects of human life captured by what Eva Kittay aptly phrased “the fact of dependency” (1999) —such as our vulnerable, fragile, and embodied social natures, asymmetrical care relations, and deep systemic injustices—are therefore commonly thought to be beyond the grasp of Kant and of Kantian philosophy. Against this historically prominent understanding of Kant’s practical philosophy, below I engage and draw upon recent Kant scholarship which shows both the inadequacy of such rationalist readings and the fruitfulness of using Kant’s practical philosophy to enhance our understanding of human care relations. After situating my approach in the existing, relevant secondary literature on Kant’s human agent, I explore key features of Kant’s accounts of human nature and the highest good. I pay special attention to his proposal that our human nature comprises reflective and unreflective aspects and patterns that we (ought to) strive to develop, transform, and integrate in wise ways through our faculty of desire. In addition, I emphasize the dangers that our ineradicable propensity to do bad things (evil) poses for our projects of self- and other- care. I proceed by outlining how Kant’s account of moral (ethical and legal) responsibility for self and others is developed through his theories of freedom, that is, through his theory of virtue (virtuous internal freedom with its account of perfect and imperfect duties) and his theory of right (rightful external freedom with its account of innate, private, and public right). On the conception I am advancing, we are pretty messy, fragile, and vulnerable beings whose projects of caring are difficult, ongoing, and complex. On the one hand, we (should) strive to care for ourselves (by striving to manage and heal badly functioning parts and by developing, transforming, and integrating immature or distinct parts of ourselves into good wholes) and for others (assisting them in their projects of management and healing and of developing, transforming, and integrating themselves into good wholes) in ways that are both respectful and attentive to the particular people we are—people with lives of our own to live—and the kinds of relationships we share. On the other hand, we should, and can, be forced to interact rightfully, meaning interaction consistent with one another’s basic (innate, private, and public) rights and, hence, contribute to reform projects that improve our inherited, imperfect legal-political systems with regard to care relations. Bringing Kant’s philosophy into dialogue with care theorists, I conclude, advances the insights of both traditions by showing one way to arrive at a multifaceted, yet unified account of human care relations where our embodied, social as well as our rational natures are given due consideration. (shrink)

Kant has a number of harsh-sounding things to say about beggars and giving to beggars. He describes begging as “closely akin to robbery”, and says that it exhibits self-contempt. In this paper I argue that on a particular interpretation of his political philosophy his critique of giving to beggars can be seen as part of a concern with social justice, and that his analysis makes sense of some troubling aspects of the phenomenology of being confronted with beggars. On Kant's view, (...) without absolute poverty relief, the poor persons' external freedom is subject to the arbitrary choices of those who have means. But the legitimacy of the state is based on ensuring that no one's basic freedom is subject to the arbitrary choices of another. This means that in a legitimate state public structures must ensure that there is unconditional poverty relief. Having your basic needs met through private charity wrongs you. Kant's analysis is that when you encounter someone in a public space who asks you for money to meet their basic survival needs, you are being asked to solve a public problem in a private interaction, and there is no rightful way for you to do this. (shrink)

This paper explores the level of obligation called for by Milton Friedman’s classic essay “The Social Responsibility of Business is to Increase Profits.” Several scholars have argued that Friedman asserts that businesses have no or minimal social duties beyond compliance with the law. This paper argues that this reading of Friedman does not give adequate weight to some claims that he makes and to their logical extensions. Throughout his article, Friedman emphasizes the values of freedom, respect for law, and (...) duty. The principle that a business professional should not infringe upon the liberty of other members of society can be used by business ethicists to ground a vigorous line of ethical analysis. Any practice, which has a negative externality that requires another party to take a significant loss without consent or compensation, can be seen as unethical. With Friedman’s framework, we can see how ethics can be seen as arising from the nature of business practice itself. Business involves an ethics in which we consider, work with, and respect strangers who are outside of traditional in-groups. (shrink)

I offer a Kantian argument for the idea that the state lacks the authority to punish neglected, impoverished citizens when they commit crimes to cope with that neglect. Given Kant’s own commitments to the value of external freedom and the state’s obligation to ensure it in Doctrine of Right, there is no reason a Kantian state can claim authority to punish an impoverished citizen while also failing in significant ways to protect her external freedom.

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological (...) theory is about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

Internalism about moral responsibility is the view that moral responsibility is determined primarily by an agent's mental states; externalism is the view that moral responsibility is determined primarily by an agent's overt behaviour and by circumstances external to the agent. In a series of papers, Michelle Ciurria has argued that most if not all current accounts of moral responsibility, including Strawsonian ones, are internalist. Ciurria defends externalism against these accounts, and she argues that, in contrast to his contemporary followers, (...) P.F. Strawson himself was an externalist. I believe that Ciurria's reading of Strawson is problematic. The aim of this paper is to elucidate Strawson's position with regard to the internalism-externalism issue against the background of Ciurria's reading of him. I conclude that Strawson was neither an internalist nor an externalist about moral responsibility. I draw extensively upon the whole body of Strawson's work, much of which is sadly neglected in discussions of ‘Freedom and Resentment’, although it illuminates many of the issues discussed there. (shrink)

This article will offer an alternative understanding of managerial decision-making drawing from Sartre’s Critique of Dialectical Reason rather than simply Being and Nothingness. I will begin with a brief explanation of Sartre’s account of freedom in Being and Nothingness. I will then show in the second section how Andrew West uses Sartre’s conception of radical freedom from Being and Nothingness for a managerial decision-making model. In the third section, I will explore a more robust account of freedom (...) from Sartre’s Critique of Dialectical Reason. I will attempt to show that freedom is not simply a matter of choosing (or not choosing) to perform an action, but entails external constraints—including other people. Finally, I will provide the implications of this account of freedom for managerial decision-making. I will show that it’s unreasonable to place full responsibility and/or blame on managers given their constraints. This does not absolve them from responsibility, but better accounts for the way in which we ought to hold them responsible. (shrink)

The contribution focuses on Kant's distinction between right and ethics. According to Kant, ethical as well as juridical laws are laws of freedom. As such they can be recognized by rational beings as unconditionally binding. The decisive difference between right and ethics consists in the way that obligations are required in their respective realms of legislation. While ethical legislation cannot be external and ethics is also concerned with inner motivations, juridical duties do not command dispositions but specific actions.

The history of philosophy is replete with attempts at invoking rationality as a means of directing and even subduing human desire and emotion. Understood as that which moves human beings to action, desire and emotion come to be associated with human freedom and rationality as a means of curbing that freedom. Plato, for instance, takes for granted a separation between thought and action that drives a wedge between our rational ability to exercise self-discipline and the free expression of (...) desire and emotion. Hobbes, on the other hand, replaces our internal ability for rational self-control with the external authority of the political State. So long as freedom and control are pitted against one another, human beings are incapable of attaining a symbiosis of these two elements of human action so essential to realizing true democracy. Unlike Plato, John Dewey sees in democracy the greatest potential for individual and social life. The purpose of this dissertation is to demonstrate how the educational philosophy of Dewey, which culminates in an educational aesthetic, appeals to and makes the most of the symbiosis of freedom and self-control, emotion and reason. Dewey’s educational aesthetic not only offers an alternative to traditional methods of education, but also demonstrates how the goal of a democratic way of life is made feasible by means of intelligently guided self-discipline—a form of self-control guided by intelligence that is not a constraint upon freedom, but instead embodies greater opportunity for freedom. I trace the basis for this synthesis, in the social-political and pedagogical principles of John Locke and Jean-Jacques Rousseau. Both Locke and Rousseau offer educational theories that begin turning our attention toward the essential partnership required of rationality and emotion. Dewey's educational aesthetic is then considered as a response to alienating forms of education that continue to pit control and freedom against one another, and which thwart the intellectual and emotional development necessary for autonomy and democratic forms of social organization. (shrink)

In this text, I consider two examples in the history of emancipation and manumission of enslaved, Black populations in the Caribbean and South America in order to theorize a colonial mode of conceiving of freedom at play in the first half of the nineteenth century. This mode is marked by the figure of the promise, enacting a notion of freedom as a constantly deferred, external compensation. Indeed, instead of an immediate decision deeming the practice of enslavement and (...) trade of human beings unacceptable, and an effective liberation of the enslaved Black populations in these different emancipation proclamations, the various histories of manumission in Latin America and the Caribbean show a long series of political and legal attempts to reduce and limit the extent of the slave trade that deferred the process of liberation for decades. Moreover, in many of these territories the practice did not end with the official proclamation of emancipation but was continued by illegal practices and mutations into legal forms of exploitation and oppression that are still operative today. After outlining this first trajectory, reconstructing the promise of manumission in the historical examples of Martinique (as read by Édouard Glissant) and La Gran Colombia and the Republic of Nueva Granada (contemporary Panamá, Colombia, Venezuela, and Ecuador), I analyze a second mode of investigation in examples of individual and collective strategies of liberation coming from the enslaved themselves, as reconstructed by contemporary feminist scholars in South America. These strategies appropriate liberation not as a promise, but as a negotiation and calculation that begins with the enslaved’s resistance to their oppressive conditions and that ultimately depends on the external concession by juridical authorities. In the third section of the chapter, I read these practices not as marronage, as they are sometimes approached, but as a different mode of turning back to these glimpses of freedom that more effectively challenge the narrative of emancipation and, with it, the promise of manumission in our present. -/- . (shrink)

This article aims to show that fundamentality is construed differently in the two most prominent strategies of analysis we find in physical science and engineering today: (1) atomistic, reductive analysis and (2) Systems analysis. Correspondingly, atomism is the conception according to which the simplest (smallest) indivisible entity of a certain kind is most fundamental; while systemism, as will be articulated here, is the conception according to which the bonds that structure wholes are most fundamental, and scale and/or constituting entities are (...) of no significance whatsoever for fundamentality. Accordingly, atomists maintain that the basic entities—the atoms—are fundamental, and together with the “external” interactions among them, are sufficient for illuminating all the features and behaviors of the wholes they constitute; whereas systemists proclaim that it is instead structural qualities of systems, that flow from internal relations among their constituents and translate directly into behaviors, that are fundamental, and by themselves largely (if not entirely) sufficient for illuminating the features and behaviors of the wholes thereby structured. Systemism, as will be argued, is consistent with the nonexistence of a fundamental “level” of nondecomposable entities, just as it is consistent with the existence of such a level. Still, systemism is a conception of the fundamental in quite different, but still ontological terms. Systemism can serve the special sciences—the social sciences especially—better than the conception of fundamentality in terms of atoms. Systemism is, in fact, a conception of fundamentality that has rather different uses—and importantly, different resonances. This conception of fundamentality makes contact with questions pertaining to natural kinds and their situation in the metaphysics of the special sciences—their situation within an order of autonomous sciences. The controversy over fundamentality is evident in the social sciences too, albeit somewhat imperfectly, in the terms of debate between methodological individualists and functionalists/holists. This article will thus clarify the difference between systemism and holism. (shrink)

This article proposes to present, in general, the thought of the German philosopher G. W. F. Hegel about history. Using mainly the work Philosophy of History, I seek first to analyze and to explain the different modes of historical approaches elaborated by Hegel, which are: the original history, the reflective history and its subdivisions and, finally, the philosophical history. After that, I center my studies on the concept of progress or, more precisely, historical progress. According to Hegel, philosophical history appears (...) when we perceive that rationality governs the world, and therefore the actions and events that have occurred, occur and will occur are part of this rationality. Such a perception – that is, understanding that history develops and progresses according to rationality – is possible when we turn to the study of history, using it as material, and carefully observing and analyzing past historical events. According to Hegel, this historical process is the course of the spirit, constantly seeking a greater awareness of freedom and, therefore, a greater understanding of itself, because freedom is already in it, and it is not something alien, distant or external, it is in its center and is its substance. According to Hegel, nature, despite its polymorphic transformations, is only a repetitive and monotonous cycle, where there is nothing new under the sun. However, in the process of development of the spirit, that is, the spirit knowing itself, the new appears, this is progress, which, in turn, is aimed at the realization of freedom, with a view to its concretization in the State. (shrink)

The first serious scientific studies on the brain date back to the 1800s. Two events led the studies on the brain. The first incident is an accident involving Phineas Gage, a railway worker. The two-meter-long piece of iron that entered Gage's left eye and broke up the anterior frontal lobe of the brain prompted scientists to rethink the brain. Having lived a moral life before the accident, Gage became immoral and evil after the accident. This incident revealed that the brain (...) has a relationship with evil. -/- The second event affecting the brain studies is the split brain syndrome that occurs when the corpuscallosum of patients with epilepsy is cut. The separation of the right and left brains has caused some problems in individuals. For example, while the left brain smokes, the right brain tries to block it, while the left brain drives a car, the right brain wants to get out of the way. The right brain behaves in a childish and impulsive manner and cannot be controlled. -/- After all, any disease, accident or surgery that occurs in the brain can negatively affect people's behavior and make them worse. Then, the neuroscientific origins of the evil issue should be investigated and evaluated according to neuro-philosophy. In this paper, the limits of human freedom, scientific determinism and human responsibility will be set forth. Thus, in the issue of evil, it will be shown that the biological (and psychological) structure of the human being, together with external factors such as the environment, society, education, and culture, and the changes that occur in it, are determined in the human will and choosing evil. (shrink)

This chapter presents the formalist account of the moral status of an artwork as an aesthetically significant and autonomous form, with due emphasis on the Anglo-American art-for-art’s-sake aesthetic, as it developed between 1870 and 1960. The author shows that the formalist art-is-above-morals approach is a substantive moral stance in itself. Formalist aesthetics is usually presented in the literature as evincing a purist indifference to ethics, construing moral properties as external to art, in opposition to the internal pure properties of (...) art’s composition. The chapter demonstrates that this is a misrepresentation of the complex formalist prescriptive idea of the relations between art and ethics. Through its autonomy and imperviousness to external co-opting—which is accomplished by due focus on aesthetic form—art on the formalist account is held to be a paradigm of the liberalist principles of individual freedom and self-fulfillment, thus an inherent means to the good. (shrink)

How political communities should be constituted is at the center of Hannah Arendt’s engagement with two ancient sources of law: the Greek nomos and the Roman lex. Recent scholarship suggests that Arendt treats nomos as imperative and exclusive while lex has a relationship-establishing dimension and that for an inclusive form of polity, she favors lex over nomos. This article argues, however, that Arendt’s appreciation occurs within a general context of more reservations about Rome than Roman-centric interpretations admit. Her writings show (...) that lex could not accommodate the agonistic spirit and Homeric impartiality that helped the Greeks achieve human greatness and surpassing excellence. Arendt also points out that Roman peace alliances occurred at the expense of disclosive competition among equals and assumed some form of domination. Indeed, although Arendt appreciates lex’s relationship-establishing aspect, she is undoubtedly critical of anti-political practices accompanying lex, manifested when the Romans required enemies’ submission to terms of peace the Romans themselves set. In the end, Arendt’s statements regarding nomos and lex highlight the fundamental challenge in free politics: balancing the internal demand of agonistic action with the external need to expand lasting ties. (shrink)

Current radical democratic politics is characterized by new participatory spaces for citizens’ engagement, which aim at facilitating the democratic ideals of freedom and equality. These spaces are, however, situated in the context of deep societal inequalities. Modes of discrimination are carried over into participatory interaction. The democratic subject is judged by its physically embodied appearance, which replicates external hierarchies and impedes the freedom of self-expression. To tackle this problem, this article seeks to identify ways to increase the (...) freedom of the subject to explore its multiple self. Understanding the self as inherently fugitive, the article investigates participatory, deliberative and agonistic concepts of self-transformation. As all of them appear limited, it introduces a transformative perspective in democratic thought. Enriching the transformative perspective with queer and gender theory, the article generates the concept of a politics of becoming, which, through radical democratic practices of disidentification, advances the freedom of the subject to change. (shrink)

Physicist Percy Bridgman has been taken by Heather Douglas to be an exemplar defender of an untenable value-free ideal for science. This picture is complicated by a detailed study of Bridgman's philosophical views of the relation between science and society. The normative autonomy of science, a version of the value-free ideal, is defended. This restriction on the provenance of permissible values in science is given a basis in Bridgman's broader philosophical commitments, most importantly, his view that science is primarily an (...) individual commitment to a set of epistemic norms and values. Considerations of external moral or social values are not, on this view, intrinsic to scientific practice, though they have a broader pragmatic significance. What Bridgman takes as the proper relation between science and society is shown through analysis of his many writings on the topic and consideration of his rarely remarked upon involvement in the most problematic example of "Big Science" of his day: the atomic bomb. A reevaluation of Bridgman's views provides a unique characterization of what is at stake in the values in science debate: the normative autonomy of science. (shrink)

In recent decades, the intertwining ideas of self-determination and well-being have received tremendous support in bioethics. Discussions regarding self-determination, or autonomy, often focus on two dimensions—the capacity of the patient and the freedom from external coercion. The practice of obtaining informed consent, for example, has become a standard procedure in therapeutic and research medicine. On the surface, it appears that patients now have more opportunities to exercise their self-determination than ever. Nonetheless, discussions of patient autonomy in the bioethics (...) literature, which focus on individual patients making particular decisions, neglect the social structure within which health-care decisions are made. Looking through the lens of disability and informed by the feminist conception of relational autonomy, this essay argues that the issue of autonomy is much more complex than the individualist model suggests. The social system and the ableist ideology impose various forms of pressure or oppressive power that can affect people’s ability to choose according to their value system. Even if such powers are not directly coercive, they influence potential parents’ decisions indirectly—they structure their alternatives in such a way that certain options are never considered as viable and other decisions must be made. This paper argues that, instead of only focusing on the individual act of decision-making, we need to pay attention to the social structure that frames people’s decision. (shrink)

This essay presents a point of view for looking at `free will', with the purpose of interpreting where exactly the freedom lies. For, freedom is what we mean by it. It compares the exercise of free will with the making of inferences, which usually is predominantly inductive in nature. The making of inference and the exercise of free will, both draw upon psychological resources that define our ‘selves’. I examine the constitution of the self of an individual, especially (...) the involvement of personal beliefs, personal memories, affects, emotions, and the hugely important psychological value-system, all of which distinguish the self of one individual from that of another. The foundational position that adopted in this essay is that all psychological processes are correlated with corresponding ones involving large scale neural aggregates in the brain, communicating with one another through wavelike modes of excitation and de-excitation. Of central relevance is the value-network around which the affect system is organized, the latter, in turn, being the axis around which is assembled the self, with all its emotional correlates. The self is a complex system. I include a brief outline of what complexity consists of. In reality all systems are complex, for complexity is ubiquitous, and certain parts of nature appear to us to be ‘simple’ only in certain specific contexts. It is in this background that the issue of determinism is viewed in this essay. Instead of looking at determinism as a grand principle entrenched in nature independent of our interpretation of it, I look at our ability to explain and to predict events and phenomena around us, which is made possible by the existence of causal links running in a complex course that set up correlations between diverse parts of nature, in this way putting the stamp of necessity on these events. However, the complexity of systems limits our ability to explain and to predict to within certain horizons defined by contexts. Our ability to explain and predict in matters relating to acts of free will is similarly limited by the operations of the self that remain hidden from our own awareness. The aspects of necessity and determinism appear to us in the form of reason and rationality that explain and predict only within a limited horizon, while the rest depends on the complex operation of self-linked psychological resources, where the latter appear as contingent in the context of the exercise of free will. The hallmark of complex systems is the existence of amplifying factors that operate as destabilizing ones, along with inhibiting or stabilizing factors as well that generally limit the destabilizing influences to local occurrences, while preserving the global integrity of a system. This complex interplay of destabilizing and stabilizing influences lead to the possibility of an enormous number of distinct modes of behavior that appear as emergent phenomena in complex systems. Looking at the particular case of the self of an individual that guide her actions and thoughts, it is the operation of our emotions, built around the psychological value-system, that provide for the amplifying and inhibiting factors mentioned above. The operation of these self-linked factors stamps our actions and thoughts as contingent ones that do not fit with our concepts of reason and rationality. And this is what provides the basis of our idea of free will. Free will is not ‘free’ in virtue of exemption from causal links running through all our self-based processes - ones that remain hidden from our awareness, but is free of what is perceived to be ‘reason and rationality’ based on knowledge and the common pool of beliefs and principles associated with a shared world-view. When we speak of the choice involved in an act of exercise of free will what we actually refer to is the commonly observed fact that various different individuals of a similar disposition respond differently when placed under similar circumstances. In other words, free will is ‘free’ precisely because it is not subject to constraints of a commonly accepted and shared set of principles, beliefs, and values. While it is possible that, in an exercise of free will, the self-linked psychological resources are brought into action when a number of alternatives are presented to the self by the operation of the ingredients of a commonly shared world-view, it seems likely that, that set of alternatives is not of primary relevance in the final response that the mind produces, since the latter is primarily a product of the operation of the self-based psychological resources. What is of greater relevance here is the operation of emotion-driven processes, guided by the psychological value-system based on the activity of the so-called reward-punishment network in the brain. These processes lead the individual to a response that appears to be free from the shackles of determinism precisely because their mechanisms, which are hidden from us, do not conform to commonly accepted and shared rules and principles. In contrast, inductive inference is a process that is based on the ‘cognitive face’ of self, where the self-based psychological resources play a supportive role to the commonly shared world-view of an individual. There is never any freedom from the all-pervading causal links representing correlations among all objects, entities, and events in nature. In the midst of all this, the closest thing to freedom that we can have in our life comes with self-examination and self-improvement. The possibility of self-examination appears in the form of specific conjunctions between our complex self-processes and the ceaseless changes of scenario in our external world. This actually makes the emergent phenomenon of self-examination a matter of chance, but one that keeps on appearing again and again in our life. Once realized, self examination creates possibilities that would not be there in the absence of it, and these possibilities include the enhancement of further self-enrichment and further diversity in the exercise of our free will. (shrink)

This article develops an objection to Kant’s proof of freedom from the Critique of Practical Reason. In his proof — the fact of reason argument — Kant deduces the reality of freedom, understood as the ability to act independently of all inclinations, from our consciousness of the unconditional validity of morality. He calls this consciousness the "fact of reason". After a systematic reconstruction of the argument, I develop an objection that relies on three points: (i) the cultural embeddedness (...) of human beings ("fact of culture"), (ii) an "external" perspective on human deliberative processes, and (iii) an alternative interpretation of the unconditional validity of morality that appears in practical deliberation. Contrary to Kant’s claims, I argue that the reality of freedom cannot be deductively derived from the fact of reason. I then discuss two objections to my argument. The first objection claims that my considerations regarding the "external" perspective misunderstand Kant's methodology. The second objection states that, based on my considerations, the fact of reason ultimately turns out to be an illusion. I discuss both objections and refute them. My ultimate conclusion is that Kant's fact of reason argument is not convincing. (shrink)

The notion of being-at-home-in-otherness is the distinctive way of thinking of freedom that Hegel develops in his social and political thought. When I am at one with myself in social and political structures they are not external powers to which I am subjected but are rather constitutive of my self-relation, that is my self-conception is mediated andexpandedthrough those objective structures. How successfully Hegel may achieve being-at-home-in-otherness with regard to these objective structures of right in thePhilosophy of Rightis arguable. (...) What is at issue in this paper is however to argue that there is a blind spot in the text with regard to nature. In Ethical Life the rational subject's passions and inclinations are brought into the subject such that she is ‘with herself’ in them; with regard to external nature no such reconciliation is achieved or even attempted. In Abstract Right external nature is effectively dominated by and subsumed into the will and it is never something in which one is with oneself. It remains outside the model of freedom that Hegel develops in thePhilosophy of Right. There is something troubling about this formulation, since it excludes nature from freedom, but also something accurate, as it reflects the unresolved attitude of moderns to the natural world. (shrink)

Our modern ideals about liberty were forged in the great political and philosophical debates of the 17th and 18th centuries, but we seldom hear about women's contributions to those debates. This paper examines the ideas of early modern English women – namely Margaret Cavendish, Mary Astell, Mary Overton, ‘Eugenia’, Sarah Chapone and the civil war women petitioners – with respect to the classic political concepts of negative, positive and republican liberty. The author suggests that these writers' woman-centred concerns provide a (...) unique historical perspective on these much-discussed ideals of freedom from external interference, freedom as self-determination and freedom from domination. (shrink)

In this paper I aim to offer one novel perspective on the effects of physical and social isolation on an individual in the period of COVID-19 pandemic. Namely, we can distinguish two standard approaches to studying such effects: psychological, which strives to identify emergence and effects of new external stressors on an individual, and legal and ethical, which evaluates justification and correctness of certain public strategies designed to combat the pandemic that jeopardize human rights, such as the right to (...) freedom of movement. The novel perspective, offered in this paper, should not replace any of these approaches, instead it will provide some amendments to them by putting in place a new theoretical framework. The focus of the paper will be on justifying two major assumptions of this novel approach – the assumption that individuals as cognitive systems and selves sometimes extend into the environment, and the assumption that this environment can be social, i.e. that individuals sometimes extend on cognitive resources of other people. If these assumptions can be well founded, some psychological effects of isolation could be reconceptualized as instances of the internal transformations of an individual who loses some of her parts. Also, adopting the view that individuals are socially extended cognitive systems would lead to recognizing novel legal and ethical issues with respect to forced social isolation – endangerment of personal rights pertaining to personal integrity and identity. (shrink)

This Article doDespite obvious differences in the Aristotelian and Stoic theories of responsibility, there is surprisingly a deeper structural similarity between the two. The most obvious difference is that Aristotle is (apparently) a libertarian and the Stoics are determinists. Aristotle holds adults responsible for all our "voluntary" actions, which are defined by two criteria: the "origin" or cause of the action must be "in us" and we must be aware of what we are doing. An "involuntary" action, for which we (...) are not responsible, is one that fails to meet either one of these two criteria. Aristotle is a libertarian insofar as he insists that all voluntary actions are "in our power" to perform or not. As determinists the Stoics cannot admit this sort of freedom, but they still consider the agent to be a vital link in the chain of events, so they redefine what is "in our power" as what comes about "through us." The terminology is different, but I argue that these actions, for which the Stoics hold us responsible, are in fact coextensive with Aristotle's voluntary actions. An "impression" is the first necessary condition for action, and is a sort of visual image of the object stimulating one to act. The right sort of impression activates the agent's "impulse," an internal movement of soul or mind, which is the direct cause of action. But impulse is always accompanied by "assent," which is the mind's affirming the truth of the proposition that we ought to go after the object stimulating our impulse. Thus, since assent is a necessary condition for action, we always act knowing what we are doing. This means that all actions caused by our own impulse and assent are by Aristotle's criteria voluntary, where impulse provides the internal origin of the action and assent provides the awareness of what is being done. I conclude that the Stoic and Aristotelian classes of what one is responsible for are coextensive, their criteria defining responsible actions are nearly identical, and the only substantial difference is that Aristotle claims such actions are in our power to do or not do while the Stoics say that such actions are necessitated (by our internal nature as well as external factors). es not have an abstract. (shrink)

The free will problem is defined and three solutions are discussed: no-freedom theory, libertarianism, and compatibilism. Strict determinism is often assumed in arguing for libertarianism or no-freedom theory. It assumes that the history of the universe is fixed, but modern physics admits a certain degree of randomness in the determination of events. However, this is not enough for a compatibilist position—which is favored here—since freedom is not randomness. It is the I that chooses what to do. It (...) is argued that the core of the free will problem is what this I is. A materialist view is favored: The I is an activity of the brain. In addition to absence of external and internal compulsion, freedom involves absence of causal sufficiency of influences acting on the I. A more elaborate compatibilist view is proposed, according to which causal determination is complete when we add events occurring in the I (of which the subject is not conscious). Contrary to what several authors have argued, the onset of the readiness potential before the decision to act is no problem here. The experience of agency is incomplete and fallible, rather than illusory. Some consequences of different views about freedom for the ascription of responsibility are discussed. (shrink)

The central concern of this paper is to explore the efforts of Schiller's post-Kantian idealism and Marcuse's critical theory to develop a new conception of free human experience. That conception is built on the notion of play. Play is said to combine the human capacities for physical pleasure and reason, capacities which the modern world has dualized. Analysis of their respective accounts of play reveals its ambivalent form in the work of both philosophers. Play supports the ideal of ‘freedom (...) from necessity’, understood as a release from all external constraint. But it also appears to serve as a model for ‘freedom as a higher necessity’. In the case of Schiller, the ambivalence encompasses idle play and an obligation to make ourselves worthy of freedom. For Marcuse, play represents a kind of libidinal idleness while also underpinning a non-alienated conception of labour. (shrink)

This essay contends that Spinoza provides a valuable analysis of the ‘‘affective’’damage to a social body caused by fear, anxiety, and ‘‘superstition.’’ Far from being primarily an external threat, this essay argues that terrorism and the promulgationof fear by the current administration in the United States pose a threat to internalsocial cohesion. The capacity to respond in constructive and ameliorative ways tocurrent global conflicts is radically undermined by amplifying corrosive relationshipsof anxiety, suspicion and hatred among citizens. Spinoza presents a (...) portrait of natural and political existence as deeply relational and ‘‘affective’’ such that human freedom and power depend upon the concern for the affective and passionatedispositions of human bodies and minds. In order for democracy, the power of themany, to exist effectively, the social body must be ruled by ‘‘joyful passions’’ rather than ‘‘sad passions,’’ which are destructive and debilitating by nature. (shrink)

In three experiments we studied lay observers’ attributions of responsibility for an antisocial act (homicide). We systematically varied both the degree to which the action was coerced by external circumstances and the degree to which the actor endorsed and accepted ownership of the act, a psychological state that philosophers have termed ‘identification’. Our findings with respect to identification were highly consistent. The more an actor was identified with an action, the more likely observers were to assign responsibility to the (...) actor, even when the action was performed under constraints so powerful that no other behavioral option was available. Our findings indicate that social cognition involving assignment of responsibility for an action is a more complex process than previous research has indicated. It would appear that laypersons’ judgments of moral responsibility may, in some circumstances, accord with philosophical views in which freedom and determinism are regarded to be compatible. (shrink)