This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought about by an act of the (...) general will. By contrasting these two views, I aim to illuminate one of the main features of Kant’s theory of property, namely, that ownership rights are only possible in a rightfully constituted state. I conclude with a suggestion regarding Kant’s view of the notion of ‘provisional’ possession in the state of nature. (shrink)

Like previous theorists of natural law, Kant believes in the possibility of a rational theory of ius, but also claims that the very concept of ius naturae and the method of investigation of its principles must be thoroughly reformulated. I will maintain that Kant solves the methodological problem of natural law theories by stating that a rational doctrine of Right concerns pure rational knowledge. Right must be conceived as a metaphysical doctrine in which its principles and laws are determined a (...) priori. By conceiving the idea of a “metaphysics of morals” and linking Right with it, he finds a way both to conserve the notion of ius naturae ) and to purify it from any empirical or anthropological element. (shrink)

I argue that by considering Kant’s engagement with previous theorists of natural right, we can gain a clearer understanding of how he transformed the discipline from its foundations. To do this, I focus my analysis on Kant’s (critical) reception of two models of natural right with which he was very familiar: one from Alexander Baumgarten’s Elements of First Practical Philosophy [Initia philosophiae practicae primae], the other from Gottfried Achenwall’s Natural Law [Ius naturae]. The Initia served as a basis for Kant’s (...) lectures on moral philosophy for over three decades and may thus be considered as having played an important role in shaping his practical philosophy as a whole. Achenwall’s Ius naturae was the textbook that Kant employed in his lectures on natural right for over two decades. I argue that Kant distances himself from previous models of natural right in three main regards: the identification of moral laws with laws of nature, the normative connection between the principles of right and a natural end, and the place of God as the author of moral laws. I then briefly discuss what Kant retains of Baumgarten’s and Achenwall’s models of natural right. Kant’s Metaphysics of Morals preserves the view that a rational doctrine of right belongs to a broader systematic doctrine that comprehends the entire system of duties. I address the question of the division of the Sittenlehre into two branches and claim that, whereas Kant did not consider Baumgarten’s answer to the problem of distinguishing juridical from ethical principles to be satisfactory, he found a key piece of his own resolution in Achenwall’s Ius naturae, namely the definition of right as a power to coerce. (shrink)

In this paper I examine the relationship between the principle of right and the principle of morals [Sitten] in Kant’s Metaphysics of Morals. My interpretation denies that the principle of right is derived from the categorical imperative, but neither does it adhere to the independence thesis. I present a third way of understanding the relationship between the law of right and the universal law of morals: the latter is needed in order to formulate the former, but it is not sufficient. (...) The principle of right is obtained by applying the categorical imperative to the concept of right. I highlight the discussion on the subject within the late eighteenth-century German natural law tradition and similar arguments found in Achenwall. (shrink)

Large Language Models (LLMs) are generative AI systems capable of producing original texts based on inputs about topic and style provided in the form of prompts or questions. The introduction of the outputs of these systems into human discursive practices poses unprecedented moral and political questions. The article articulates an analysis of the moral status of these systems and their interactions with human interlocutors based on the Habermasian theory of communicative action. The analysis explores, among other things, Habermas's inquiries into (...) the analogy between human minds and computers, and into the status of atypical participants in the linguistic community such as genetically modified subjects and animals. Major conclusions are the LLMs seem to qualify as authors that originally participate in discursive practices but do display only a structurally derivative form of communicative competence and fail to meet the status of communicative agents. In this sense, while the contribution of AI writing systems in public discourse and deliberation can support the process of mutual understanding within the community of speakers, the human actors involved in the development, use, and diffusion of these systems share a collective responsibility for the disclosure of AI authorship and verification and adjudication of validity claims. (shrink)

In the Doctrine of Right Kant holds that the classical Ulpian command honeste vive is a juridical duty that has the particular feature of being internal. In this paper I explore the reasons why Kant denies that the duty to be an honorable human being comprises an ethical obligation and conceives it as a juridical duty to oneself. I will argue that, despite the conceptual problems that the systematical incorporation of this type of duty into the doctrine of morals might (...) entail, these reasons are coherent. The fulfillment of the duty honeste vive involves a coercion to the self but at the same time does not necessarily imply the adoption of a moral end. (shrink)

Recent crises in Europe and beyond have renewed a longstanding debate on the status and treatment of refugees. Hannah Arendt famously questioned the limits of universalistic human rights discourse based on the widespread phenomena of statelessness and displacement that emerged during and after World War II. In this paper, we analyze recent patterns of inclusion and exclusion of refugees in Italy through the lens of Arendtian narrative and theorizing. We consider three cases of interaction between families, schools, and other public (...) institutions in light of the shifting normative framework before and during the war in Ukraine. Two major insights emerge from this analysis. From a pedagogical point of view, the most promising educational practices with refugees are those centered on enabling their agency and corresponding experiences of "natality". From an ethical-political perspective, these practices highlight a latent tension between the universalistic scope of human rights enshrined in the human rights declarations and their structural dependence on the particular norms and procedures enacted by nation states. The understanding and teaching of human rights within our political communities is inseparable from the practices that engage with refugees. In this sense, our practices of inclusion and exclusion affect the understanding of national borders as a barrier or threshold with other political communities, but also the interpretation of our own ethical-political principles. (shrink)

Berthold of Moosburg had the whole Sapientiale by Thomas of York constantly at hand when writing his commentary on Proclus. Even thought Berthold never refers by name to the English Franciscan except in his tabula auctoritatum, where Thomas is registered as «Magister Thomas Anglicus minor», he quotes extensively and verbatim from the Sapientiale throughout his Expositio of Proclus; astoundingly, Berthold quotes more from Thomas than he does from his Dominican predecessors in the Teutonic Province, Albert the Great, Ulrich of Strassburg (...) and Dietrich of Freiberg. The following articles describes the presence of Thomas of York in Berthold of Moosburg’s Expositio super Elementationem theologicam. An appendix provides a systematic investigation of the relationship between the texts of the two authors. (shrink)

In Democratic Authority and the Separation of Church and State, Robert Audi addresses disagreements among equally rational persons on political matters of coercion by analysing the features of discussions between epistemic peers, and supporting a normative principle of toleration. It is possible to question the extent to which Audi’s views are consistent with the possibility of religious citizens being properly defined as epistemic peers with their non-religious counterparts, insofar as he also argues for some significant constraints on religious reasons in (...) public debates, and he advocates secular reasons being considered as equivalent to natural reasons. I shall also consider Jürgen Habermas’s criticism of Audi’s stance. One of Habermas’ main points focused on Audi’s strong division between religious and non-religious arguments that requires religious citizens to artificially split their reasons, while non-religiously affiliated citizens are not met with any similar requirement. Also, analysing the concept of epistemic parity, we can as well grasp some of the main features of the Habermasian idea of postsecularism. The difference between secular and postsecular views can be framed as hinging on what it means to be epistemic peers, thus bearing consequences on the understanding of the relationship between church and state—particularly regarding the nature of state neutrality and the different status of churches and organised secular groups. (shrink)

We give an analysis of the Monty Hall problem purely in terms of confirmation, without making any lottery assumptions about priors. Along the way, we show the Monty Hall problem is structurally identical to the Doomsday Argument.

This essay utilizes the work of the comedy group, Monty Python, as a means of introducing basic concepts in Existentialism, especially as it pertains to the writings of Nietzsche, Sartre, and Camus.

Peter Baumann uses the Monty Hall game to demonstrate that probabilities cannot be meaningfully applied to individual games. Baumann draws from this first conclusion a second: in a single game, it is not necessarily rational to switch from the door that I have initially chosen to the door that Monty Hall did not open. After challenging Baumann's particular arguments for these conclusions, I argue that there is a deeper problem with his position: it rests on the false assumption that what (...) justifies the switching strategy is its leading me to win a greater percentage of the time. In fact, what justifies the switching strategy is not any statistical result over the long run but rather the "causal structure" intrinsic to each individual game itself. Finally, I argue that an argument by Hilary Putnam will not help to save Baumann's second conclusion above. (shrink)

The thesis is a metatheoretical analysis of the concept of ‘speaker’s intention’ as it is used in traditional linguistic-philosophical and in cognitive pragmatics. The analysis centers around works of Austin, Searle, Grice, and Relevance Theory. The main aim is to argue for the following thesis: (T1) if pragmatics is targeting on how speaker’s intentions contribute to linguistic choices in communicative language use, then focusing solely on causally efficient mental states and analyzing them at the utterance level necessarily leads to unsatisfactory (...) consequences in theorizing. -/- The secondary aim of the dissertation is to argue that: (T2) the traditional account of intentionality is tenable only if we take utterances as data. Surely, there are causally efficient intentions which lead the speaker to formulate her utterances as part of conversational turns. But speakers also have intentions which shape the conversation itself (motives, goals, plans). However: (T3) if we take discourses or conversations as divergent sources of data (besides of utterances), we run into an explanatory gap that cannot be filled mechanically: the structured-proposionalist theory is simply insufficient to grasp discourse-level intentions. To argue for (T3), I analyse speaker’s intentions in a fictive conversation (The smuggler sketch from Monty Python’s Flying Circus) through the “prisms” of Austin’s speech act theory, Searle’s (at least) two theories of intentions, Grice’s M-intention, and the ostensive-inferential view on communication. (shrink)

I claim that the significance of comic works to influence our attitudes is limited by the conditions under which we find things funny. I argue that we can only find something funny if we regard it as norm-violating in a way that doesn’t make certain cognitive or pragmatic demands upon us. It is compatible with these conditions that humour reinforces our attitude that something is norm-violating. However, it is not compatible with these conditions that, on the basis of finding it (...) funny, we come to reject some existing attitude. Such a rejection would require that we recognize our attitude as norm-violating in a way that has pragmatic force. Thus if a humorous work reveals the absurdity of something, we can either find it funny and not have our attitudes significantly influenced, or else be significantly influenced but not find it funny. (shrink)