Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are supposed to (...) protect, what they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several decades have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)

This paper presents a conception of corruption informed by epistemic democratic theory. I first explain the view of corruption as a disease of the political body. Following this view, we have to consider the type of actions that debase a political entity of its constitutive principal in order to assess corruption. Accordingly, we need to consider what the constitutive principle of democracy is. This is the task I undertake in the second section where I explicate democratic legitimacy. (...) I present democracy as a procedure of social inquiry about what ought to be done that includes epistemic and practical considerations. In the third section, I argue that the problem of corruption for a procedural conception of democracy is that the epistemic value of the procedure is diminished by corrupted agents’ lack of concern for truth. Corruption, according to this view, consists in two deformities of truth: lying and bullshit. These deformities corrupt since they conceal private interests under the guise of a concern for truth. In the fourth section, I discuss the difficulties a procedural account may face in formulating solutions to the problem of corruption. (shrink)

The strongest arguments for the permissibility of geoengineering (also known as climate engineering) rely implicitly on non-ideal theory—roughly, the theory of justice as applied to situations of partial compliance with principles of ideal justice. In an ideally just world, such arguments acknowledge, humanity should not deploy geoengineering; but in our imperfect world, society may need to complement mitigation and adaptation with geoengineering to reduce injustices associated with anthropogenic climate change. We interpret research proponents’ arguments as an application of (...) a particular branch of non-ideal theory known as “clinical theory.” Clinical theory aims to identify politically feasible institutions or policies that would address existing (or impending) injustice without violating certain kinds of moral permissibility constraints. We argue for three implications of clinical theory: First, conditional on falling costs and feasibility, clinical theory provides strong support for some geoengineering techniques that aim to remove carbon dioxide from the atmosphere. Second, if some kinds of carbon dioxide removal technologies are supported by clinical theory, then clinical theory further supports using those technologies to enable “overshoot” scenarios in which developing countries exceed the cumulative emissions caps that would apply in ideal circumstances. Third, because of tensions between political feasibility and moral permissibility, clinical theory provides only weak support for geoengineering techniques that aim to manage incoming solar radiation. (shrink)

The chapter examines Russian political theorist Aleksandr Dugin’s (b. 1962) challenge to the Western liberal order. Even though Dugin’s project is in many ways a theoretical epitome of Russia’s contemporary attempt to profile itself as a regional great power with a political and cultural identity distinct from the liberal West, Dugin can also be read in a wider context as one of the currently most prominent representatives of the culturally and intellectually oriented international New Right. The chapter introduces (...) Dugin’s role on the Russian right-wing political scene and his international networks, Russian neo-Eurasianism as his ideological footing, and his more recent “fourth political theory” as an attempt to formulate a new ideological alternative to liberalism as well as the two other main twentieth-century ideologies, communism and fascism. Dugin’s fourth ideology, essentially meant as an alternative to a unipolar post–Cold War global hegemony of victorious liberalism, draws inspiration from the German conservative revolutionary movement of the Weimar era. In particular, Martin Heidegger’s philosophy of history, with its thesis of the end of modernity and another beginning of Western thought, and Carl Schmitt’s pluralistic model of geopolitics are highlighted as key elements of Dugin’s eclectic political thought, which is most appropriately characterized as a form of radical conservatism. (shrink)

The paper studies the significance of Martin Heidegger's philosophy of history for two key thinkers of contemporary radical conservatism and the Identitarian movement, Alain de Benoist and Aleksandr Dugin. Heidegger's often-overlooked affinities with the German “conservative revolution” of the Weimar period have in recent years been emphasized by an emerging radical-conservative “right-Heideggerian” orientation. I first discuss the later Heidegger's “being-historical” narrative of the culmination and end of the metaphysical foundations of Western modernity in the contemporary Nietzschean era of nihilism and (...) of an emerging postmodern “other beginning” of Western thinking, focused on historical and cultural relativism and particularism. In Heidegger's work of the 1930s and 1940s, we find attempts to apply this historical narrative to interpreting contemporary geopolitical and ideological phenomena in ways that connect Heidegger to certain central ideas and concerns of the conservative revolutionaries, especially Carl Schmitt's geopolitical particularism. De Benoist, the key name of the French Nouvelle Droite and a founding figure of contemporary Identitarianism, is particularly inspired by Heidegger's reading of Nietzsche as the culmination of the “metaphysics of subjectivity” dominating Western modernity. For de Benoist, this modern metaphysics is the root of the “ideology of the Same” underlying the liberal universalism and individualism that he opposes in the name of a cultural ethnopluralism. De Benoist's Russian disciple Dugin bases the pluralistic geopolitics of his radical-conservative “fourth political theory” on the legacy of the conservative revolution, the key intellectual model of which Dugin discovers in Heidegger's notion of the “other beginning”. (shrink)

Over the last decade, a call for greater “realism” in political theory has challenged the goals and methods that are implicit in much contemporary “normative” theory. However, realists have yet to produce a convincing alternative research program that is “constructive” rather than primarily “critical” in nature. I argue that given their common wariness of a devotion to abstract principles, realists should consider adopting John Dewey’s vision of theoretical expertise as an expansive kind of prediction that engages all (...) of our historical, scientific, and imaginative resources. After demonstrating that realists are in need of such an affirmative vision, I outline Dewey’s original proposal, and elaborate its value in contemporary circumstances as a “predictive” method for political theory that stands between familiar critical and normative approaches. (shrink)

Researchers have argued that believing in conspiracy theories is dangerous and harmful, both for the individual and the community. In the philosophical debate, the divide is between the generalists, who argue that conspiracy theories are prima facie problematic, and the particularists, who argue that since conspiracies do occur, we ought to take conspiracy theories seriously, and consider them on merit. Much of the empirical research has focused on correlations between conspiracy belief and personality traits, such as narcissism, illusory pattern perception, (...) and paranoia, in the spirit of a generalist account. However, there is also ample empirical evidence that conspiracy belief is widespread in the population at large, which would be surprising and in need of explanation if the generalists were correct. In sociology and political science studies have demonstrated the role of group motivation and social aspects of belief in conspiracies. There is currently lacking a unified account of what motivates conspiracy belief that can capture the different intuitions, if possible, in one framework. This is the lacuna I wish to address, by introducing a framework that incorporate the many dimensions of conspiracy theories. The framework identifies three motivating factors for endorsing a conspiracy theory: group cohesion, cognitive needs, and truth seeking. A fourth dimension is the isolation value, or the level of ‘knowledge-anomie’ that the conspiracy theory takes. Thus, the framework is able to capture more normal cognitive functions that drive conspiracy beliefs, such as adopting to the in-group’s beliefs and the quest for truth, but also the plausibly more abnormal ones. Conspiracy theories can be positioned in a three-dimensional space depending on the degree to which they exemplify each motivating factor and the extent they deviate from the ‘knowledge-norm’. I suggest that the generalist and the particularist have focused on different parts of this common three-dimensional space. I also indicate a relatively small area where I believe pathological conspiracy belief is to be positioned. Ultimately, it is an empirical question what part of the space (pathological or otherwise) conspiracy theories occupy. (shrink)

In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but (...) rejecting the fourth ‐‐ the demand for social and economic democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks socialism as the preferablesocioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then significantly elaborate my second version of Rawls’s theory of social justice which is composed of the following principles arranged in a very strong order of priority : Basic Rights Principle, Equal Basic Liberties Principle, Fair Equality of Opportunity Principle, Modified Difference Principle, and Social and Economic DemocracyPrinciple. I argue that this elaborated version of the theory – which I call “Justice as Fair Rights” – is better than either Rawls’s original theory or my previous versions of it. (shrink)

Deliberative Democracy theory is an ever-expanding field in political theory. In the present article, I aim to present the significance of Gandhian thought for the theory of deliberative democracy. Gandhi never used the term deliberation or articulated a theory of deliberative democracy specifically while expressing his notion of ideal democracy. For him, discussion, exchange of thoughts, reasoning, etc. was instinctive for democracy and not something that required to be defended within the boundaries of scholarship. I (...) trace the central elements of democracy in Gandhian thought and examine them through the lens of deliberative democracy theory. I also examine the implication of Gandhi’s formulations in India. In doing so, I would develop a richer understanding of democracy by bringing clarity to the contribution of Gandhi to the cause of deliberative democracy. (shrink)

(PTOJ) - The cultural value system is one of the core and fundamental value systems in Vietnam and is part of the foundation to ensure the country's sustainable development. This article analyzes the building of a Vietnamese cultural value system in the context of the Fourth Industrial Revolution, which has a significant impact all aspects of social life, including the cultural sector.

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, Liberty (...) and Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

Introduction. The book is a study in Adam Smith's system of ideas; its aim is to reconstruct the peculiar framework that Adam Smith’s work provided for the shaping of a semi-autonomous new discipline, political economy; the approach adopted lies somewhere in-between the history of ideas and the history of economic analysis. My two claims are: i) The Wealth of Nations has a twofold structure, including a `natural history' of opulence and an `imaginary machine' of wealth. The imaginary machine is (...) a kind of Newtonian theory, whose connecting links are principles; provided either by `partial' characteristics of human nature or by analoga of physical mechanisms transferred to the social world; ii) a domain of the economic, understood as a self-standing social sub-system, was discovered first by Adam Smith. His `discovery' of the new continent of the economic was an `unintended result' of a deviation in his voyage to the never-found archipelago of natural jurisprudence. -/- 1. Imaginary machines and invisible chains: natural philosophy and method. The first chapter reconstructs Smith's views on the method in natural philosophy, presented primarily in the History of Astronomy (HA). The peculiar kind of semi-sceptical Newtonianism which permeates the essay is highlighted. Its reconstruction of the history of one natural science is shown to be based on the assumptions of Hume’s epistemology, and to lead to a self-aware deadlock. Smith's dilemma is between an essentialist realism and sceptical instrumentalism; the Cartesian presuppositions he shares with Hume and with the 18th century as a whole make it impossible for him to overcome his dilemma. The following chapters will show how, on the one hand, Smith's skeptical methodology encourages him in the enterprise to `carve off' a new self-contained discipline and how, on the other hand, his epistemological dilemma is reflected in the inner tensions of his moral and political theory as well as in a number of basic oscillations concerning the status of the new discipline. -/- 2. Chessboards and clocks: moral philosophy and method. -/- The second chapter reconstructs Smith's views on the method in the parallel field of moral philosophy, including the theory of moral sentiments and natural jurisprudence. I argue that The Theory of Moral Sentiments, when considered together with with the Lectures on Jurisprudence, where Smith's peculiar version of a `weaker' form of natural law is presented, wins special interest, not only for the history of ethics but even more for the history of political theory and the social sciences. The two most striking features of Smith's work in this area are highlighted. First, his effort at reformulating the `practical science' is a methodologically self-aware attempt at applying the Newtonian method to moral subjects. Secondly, this attempt ends in a stalemate as two distinguished kinds of normative order are introduced: one ultimate order of Reason, ultimately justifiable but inaccessible, and one weaker order of our `natural sentiments', to which we have empirical access, but which is so variable as to lack any ultimate value as a basis for grounding our normative claims. These two parallel conundrums may arguably account for the author's inability to publish during his lifetime both The History of Astronomy and the projected history and theory of law and government. -/- 3. Wheels, dams, and gravitation: the structure of scientific argument in The Wealth of Nations. -/- The third chapter provides the core of the book, dealing with the structure of the argument in WN. I argue that the main presupposition that makes the shift possible from a `natural history' to a `system' approach is the Newtonian contrast of `mathematical' with `physical' explanation; that is, Smith drops any discussion of the "original qualities" of human nature that could account for economic behaviour, while introducing, as `principles' for the system, a set of `hypothetical' statements of `observed' regularities in human behaviour and of `observed' super-individual self-regulating mechanisms. In bringing this presupposition to light, the coexistence of a teleological with a mechanistic approach is clarified; fresh light is shed on the notion of the invisible hand by a comparison of its occurrence in Smith with the occurrence of the same expression (until now overlooked) in the correspondence between Newton and Cotes. Finally, the peculiar semi-prescriptive and semi-descriptive character of political economy are highlighted, and the consistency of Smith's `impure' semi-prescriptive social science, when understood in his own terms, is defended against familiar charges with inconsistency and against even more familiar strained modernizations. -/- 4. Apples, deer, and frivolous trinkets: the construction of the economic. -/- The fourth chapter draws consequences from the third, examining how Smith's achievement in political economy, marking its transition to scientific status, carried a re-description of the phenomena, creating the comparatively independent and unified field of the economic. Smith's achievement is interpreted not as the `discovery' of an autonomous character already possessed by the economy out there, so much as a Gestalt-switch by which our perception of social phenomena is modified making us `see' the partial order of the economy as an isolated system. To sum up, the autonomy of the economic in social reality and the autonomy of the economic in social consciousness are shown to be two sides of one process. -/- 5. Concluding considerations: Political economy and the Enlightenment halved. -/- A few suggestions on the status of economic theory two centuries after The Wealth of Nations in its relationship to ‘practical philosophy’ are illustrated. (shrink)

The exploration of the current understanding the concept of Euro-Islam by researchers is the purpose of this study. To achieve this, we used such methods as analysis and phenomenology. The study analyzed works of the following authors: T. Ramadan, B. Tibi, N. AlSayyad, D. Davydova, L. Koroleva, A. March, A. Mykhal’ova, O. Roy, A. Sadykhova. We have shown that ideas of Euro-Islam have not received widespread support among Muslims in Europe quarter a century after they were expressed by Tariq Ramadan. (...) We also argued that the concept of Euro- Islam has a significant potential to reduce jihadist radicalism in Europe if it is perceived by European Muslims. We have shown that if this concept is adopted by Muslims in Europe, they will turn into a powerful force in the political and social life of Europe. (shrink)

Standard definitions represent political authority as the power to give reasons (or pro tanto duties) by using speech. But the giving of reasons (or pro tanto duties) is routine among ordinary folk. Why, then, is establishing the reason-giving powers of the state not the very same problem as establishing the reason-giving powers of ordinary people? This article (i) shows that the literature does not have the resources to answer, (ii) develops a pragmatist answer, and then (iii) closes by suggesting (...) that, properly understood, the problem of political authority calls not for more permutations of, say, consent theory, but concrete, genuinely democratic political systems. (shrink)

Gender dysphoria is typically construed as a medical concept. This understanding of gender dysphoria reflects how cisgender people interpret trans experience. This essay proposes an alternative concept of gender dysphoria for critical theory: on this account, gender dysphoria is alienation from cisgender forms of life. If the medicalized concept of gender dysphoria tacitly takes for granted, identifies with, and thereby reinforces cisgender patriarchal society, a critical theory of gender dysphoria instead approaches the issue from the perspective of trans (...) people, their lived experiences and social situation, to offer a critique of society. While the medicalized concept of gender dysphoria refers to a “distress” caused by living in the “wrong-body,” the critical concept of gender dysphoria refers to an alienation as a result of living in the “wrong (cisgender patriarchal) society.” The critical concept of gender dysphoria may become a tool capable of describing the necessary facets of trans experience necessary to form a political coalition. The paper concludes by claiming that trans subjects are the gendered analogue of Marx’s concept of the proletariat. (shrink)

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)

Puhuttaessa Ukrainan sotaan kärjistyneen Venäjän geopoliittisen ja ideologisen ajattelun filosofis-teoreettisista taustavoimista nousee toistuvasti esiin ”putinismin pääideologiksi” ja ”maailman vaarallisimmaksi filosofiksi” maalaillun Aleksandr Duginin nimi. Kuka Dugin on, millaista on hänen vaarallinen ajattelunsa ja mikä on sen yhteys suurvallan aggressioon ja hyökkäyssotaan? Seuraavassa luodaan tiivis yleiskatsaus Duginin ajattelun kahteen keskeisimpään ideologiseen elementtiin: geopoliittiseen Euraasia-ideologiaan ja Duginin radikaalikonservatiiviseen ”neljänteen poliittiseen teoriaan”. Vaikka Duginin suora vaikutusvalta on rajallinen, hänen ajattelunsa heijastelee Venäjän poliittisen eliitin ajatusmaailmaa laajemminkin.

Born out of the struggles of the feminist movements of the 20th century, feminist political theory is characterized by its commitment to expanding the boundaries of the political. Feminism, as a political movement, works to fight inequality and the social, cultural, economic, and political subordination of women. The goal of feminist politics is to end the domination of women through critiquing and transforming institutions and theories that support women’s subordination. Feminist political theory is (...) a field within both feminist theory and within political theory that takes a feminist approach to traditional questions within political philosophy, contemporary and historical. In this entry, I will explore the nature of feminist political theory by asking two questions: what is feminist about feminist political theory, and what is specifically political about feminist political theory. (shrink)

Whenever fellow humans suffer due to natural catastrophes, we have a duty to help them. This duty is not only acknowledged in moral theory, but also expressed in ordinary people’s reactions to phenomena such as tsunamis, hurricanes, and earthquakes. Despite being widely acknowledged, this duty is also widely disputed: some believe it is a matter of justice, others a matter of charity. Although central to debates in international political theory, the distinction between justice and charity is hardly (...) ever systematically drawn. To fill this gap in the literature, I consider three accounts of this distinction, the ‘Agent-based’, the ‘Recipient-based’, and the ‘Mixed’ View, and argue that they are all unsatisfactory. I then offer a fourth alternative, the ‘Autonomy’ View, which successfully overcomes the difficulties affecting its rivals. I conclude by considering the implications of this view for the moral grounds of disaster relief in earthquake-stricken Haiti, New Zealand, and Japan. (shrink)

Abstract: The State of Nature, Prehistory, and Mythmaking Karl Widerquist This chapter provide an overview of two books, in which Grant S. McCall and I name, define, and debunk the following false claims that still play important roles in contemporary political theories although they are not always defined and defended explicitly: 1. The Hobbesian hypothesis: sovereign states and/or the liberal private property rights system benefits everyone (or at least harms no one) relative to how well they could reasonably expect (...) to live in the state of nature—i.e. a society lacking one or both of these institutions. 2. The appropriation hypothesis: private property in the form of liberal ownership rights develops naturally while collective, communal, common, or government-held property rights systems do not. 3. The natural inequality hypothesis: inequality is natural and inevitable, i.e. economic, social, and/or political equality cannot exist and/or cannot be created without a significant loss in negative freedom. 4. The market-freedom hypothesis: a market economy (and/or capitalism) is more consistent with negative freedom than any other economic system. The third and fourth of these claims are not obviously claims about prehistoric or small-scale societies, but they are universal claims about all societies and so they include claims about even the most remote and distant societies from contemporary thinking. (shrink)

Political theory as a discipline has long been skeptical of computational methods. In this paper, I argue that it is time for theory to make a perspectival shift on these methods. Specifically, we should consider integrating recently developed generative large language models like GPT-4 as tools to support our creative work as theorists. Ultimately, I suggest that political theorists should embrace this technology as a method of supporting our capacity for creativity—but that we should do so (...) in a way that is mindful of the content and value of theorizing, the technical constraints of the models, and the ethical questions that the technology raises. (shrink)

Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially (...) examines his theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)

Despite widespread recognition of an emergent politics of data in our midst, we strikingly lack a political theory of data. We readily acknowledge the presence of data across our political lives, but we often do not know how to conceptualize the politics of all those data points—the forms of power they constitute and the kinds of political subjects they implicate. Recent work in numerous academic disciplines is evidence of the first steps toward a political (...) class='Hi'>theory of data. This article maps some limits of this emergent literature with an eye to enriching its theoretical range. The literature on data politics, both within political theory and elsewhere, has thus far focused almost exclusively on the algorithm. This article locates a further dimension of data politics in the work of formatting technology or, more simply, formats. Formats are simultaneously conceptual and technical in the ways they define what can even count as data, and by extension who can count as data and how they can count. A focus on formats is of theoretical value because it provides a bridge between work on the conceptual contours of categories and the technology-centric literature on algorithms that tends to ignore the more conceptual dimensions of data technology. The political insight enabled by format theory is shown in the context of an extended interrogation of the politics of racialized redlining. (shrink)

This work stresses the importance of AI accountability to citizens and explores how a fourth independent government branch/institutions could be endowed to ensure that algorithms in today´s democracies convene to the principles of Constitutions. The purpose of this fourth branch of government in modern democracies could be to enshrine accountability of artificial intelligence development, including software-enabled technologies, and the implementation of policies based on big data within a wider democratic regime context. The work draws on Philosophy of Science, (...) Political Theory (Ethics and Ideas), as well as concepts derived from the study of democracy (responsibility and accountability) to make a theoretical analysis of what artificial intelligence (AI) means for the governance of society and what are the limitations of such type of AI governance. The discussion shows that human ideas, as cement of societies, make it problematic to enshrine governance of artificial intelligence into the world of devices. In ethical grounds, the work stresses an existing trade off between greater and faster advancement of technology, or innovation on the one hand, and human well being on the oher, where the later is not automatically guaranteed by default. This trade off is yet unresolved. The work contends that features of AI offer an opportunity to revise government priorities from a multilevel perspective, from the local to the upper levels. artificial intelligence, accountability, democracy, regulation, philosophy of science, ethics, political theory . (shrink)

This essay critically examines one of the dominant tendencies in recent theoretical discussions of anarchism, postanarchism, and argues that this tradition fails to engage sufficiently with anarchism’s history. Through an examination of late 19th-century anarchist political thought—as represented by one of its foremost exponents, Peter Kropotkin—we demonstrate the extent to which postanarchism has tended to oversimplify and misrepresent the historical tradition of anarchism. The article concludes by arguing that all political-theoretical discussions of anarchism going forward should begin with (...) a fresh appraisal of the actual content of anarchist political thought, based on a rigorous analysis of its political, social, and cultural history. (shrink)

If a political theory of ownership is to be acceptable, it must rationally prescribe one system or model of ownership as opposed to others. Such a prescription would be rational only if strong normative arguments could be mounted to show it more desirable than its competitors. Thus, the prefatory work for such a theory would consist in the construction of viable models of ownership from which a sound choice could be made. This project would, however, be successful (...) only if originating from coherent, evaluatively neutral analyses of the concept of ownership and other related ideas. The point of this essay is to do this prefatory work. (shrink)

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: (...) from ideology, from the relationship of ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

Postfoundational political theory has been criticized for being incapable of establishing a normative basis for politics. This is because postfoundationalism's conception of the “political” as a radical contingency disproves the existence of an objective ground that would make it possible to evaluate political movements from a neutral position. In this article, I counter this critique by distinguishing between Chantal Mouffe's political theory and other postfoundational theories based on their respective normative implications. This is done (...) by explicating how Mouffe's way of conceptualizing the political implies a conservative political disposition. In order to accomplish this, I develop an understanding of the conservative political disposition, which refers to the normative idea that police power is necessary for producing and upholding a social order. Through an analysis of Carl Schmitt's theory, I elaborate that the conservative disposition is an attempt to justify the depoliticization of social relations. On the basis of this idea that some political theories have normative implications that are in line with the conservative disposition, I examine postfoundationalism. My argument is that while Mouffe's theory does imply the idea that police power is necessary, this is not the case with other postfoundational theories. On the contrary, other postfoundational democratic theories categorically deny that a form of power, namely police power, would be necessary. (shrink)

In this interview, Robert Goodin discusses some of the main issues he has tackled in his work, with a particular focus on the relation between political theory and political science, and the challenges and benefits of an interdisciplinary approach for political philosophers.

How should International Political Theory (IPT) relate to public policy? Should theorists aspire for their work to be policy- relevant and, if so, in what sense? When can we legitimately criticize a theory for failing to be relevant to practice? To develop a response to these questions, I will consider two issues: (1) the extent to which international political theorists should be concerned that the norms they articulate are precise enough to entail clear practical advice under (...) different empirical circumstances; (2) whether they should provide concrete practical advice on policy choice and institutional reform. These questions are related but distinct, and we should answer each quite differently. Regarding the first, I shall argue that it counts heavily against a theory if it is not precise enough to guide policy and reform given certain empirical assumptions. On the second, I will argue that theorists should be very cautious when engaging with questions of policy and institutional design. Some principles of IPT can be criticized for being insufficiently precise, but a degree of abstraction from concrete policy recommendations is a virtue, rather than a vice, of an element of IPT. I conclude that we should aim to be precise without being concrete. To help fix ideas and anchor my argument, I will discuss these issues with reference to a principle that John Rawls has advocated in his influential work The Law of Peoples (Rawls 1999a): a duty of assistance to societies that lack the capacity to satisfy the basic needs or protect the basic rights of their people. (shrink)

This chapter defends an overarching ideal of liberal democracy—government for and by the people, where each is considered free and equal—and shows how different conceptions of this ideal lead to different visions of the nonprofit sector. The argument reflects a more fundamental point: that claims about the proper shape and scope of civil society, and certainly the dimensions of nonprofit organizations, are structured by larger political ideals. We cannot understand competing visions of the nonprofit sector without seeing it in (...) relation to the political and social order in which it is supposed to rest. (shrink)

The political theory of migration has largely occurred within a paradigm of methodological nationalism and this has led to the neglect of morally salient agents and causes. This article draws on research from the social sciences on the transnationalism, globalization and migration systems theory to show how methodological nationalist assumptions have affected the views of political theorists on membership, culture and distributive justice. In particular, it is contended that methodological nationalism has prevented political theorists of (...) migration from addressing the roles of non-state agents and of transnational economic, social and political structures. These agents and structures contribute to the asymmetrical distribution of goods and opportunities and thus have important implications for debates about migration and distributive justice. (shrink)

The objective of this article is to deepen our understanding of transformative engagement in comparative and critical dialogues of comparative or transnational political thought. The first five sections discuss the challenges of dialogical comparative political thought. The following three sections discuss how a dialogue approach responds to these challenges and generates comparative and critical mutual understanding and mutual judgment.

ABSTRACT This article examines the under-researched figure A.W. Rehberg in his exchange with Kant over the relationship between theory and practice in the philosophy of right. I argue that Rehberg raises, what I call, two problems of political matter which attempt to show that Kant's overly formal approach to political theory cannot justifiably determine political practice. The first problem is the problem of positive determinations of right, rather than merely negative prohibitions. Rehberg takes this to (...) mean that Kant cannot determine us to a specific form of constitution. I argue that Kant's innovation of intelligible property functions as a response to this critique in that it provides the possibility of synthetic propositions of right a priori. Second, Rehberg insists that an a priori system of right cannot relate to already formed historical communities. Here Kant's response comes close to agreeing with Rehberg as Kant takes prudential or historical reasoning to harmonize with the demands of a priori right in order to applied to the sensible world. Kant, in this instance, comes closer to Rehberg by denying centralized enlightened monarchy and the reliance on natural and historical development for the application of right. (shrink)

Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and (...) Miranda Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

In the last two decades Anglophone political theory witnessed a renewed interest in social-scientific empirical findings—partly as a reaction against normative theorizing centred on the formulation of abstract, intuition-driven moral principles. This brief paper begins by showing how this turn has taken two distinct forms: (i) a non-ideal theoretical orientation, which seeks to balance the emphasis on moral principles with feasibility and urgency considerations, and (ii) a fact-centric orientation, which seeks to ground normative conclusions in empirical results. The (...) core of the paper then compares and contrast three variants of fact-centric political theory: normative behaviourism, grounded normative theory, and radical realism. The upshot: normative behaviourism achieves focus on observable behaviour at the cost of status quo bias, grounded normative theory achieves radicalism at the cost of endorsing an activist orientation to theorising, and radical realism combines a non-activist orientation with the potential for far-reaching critique of the status quo. (shrink)

Normative political theorists frequently compare hypothetical scenarios for the purpose of identifying reasons to prefer one kind of institution to alternatives. We examine three types of "unfair" comparisons and the reasoning errors associated with each. A theorist makes an _obscure comparison_ when one (or more) of the alternatives under consideration is underspecified; a theorist makes a _mismatched comparison_ when they fail to hold fixed the relevant contextual factors while comparing alternatives; and a theorist makes an _irrelevant comparison_ when they (...) compare alternatives assuming contextual factors that differ in important respects from those they "should" assume given their theoretical aims. We then introduce the notion of a modeling mindset and show how this mindset can help theorists detect and avoid the three types of error. We conclude with a reconstruction of Cohen's (2009) camping trip thought experiment to illustrate the approach. (shrink)

Does Normative Behaviourism Offer an Alternative Methodology in Political Theory?

In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of (...) pragmatic genealogy as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

Just as different sciences deal with different facts—say, physics versus biology—so we may ask a similar question about normative theories. Is normative political theory concerned with the same normative facts as moral theory or different ones? By developing an analogy with the sciences, we argue that the normative facts of political theory belong to a higher— more coarse-grained—level than those of moral theory. The latter are multiply realizable by the former: competing facts at the (...) moral level can underpin the same facts at the political one. Consequently, some questions that moral theories answer are indeterminate at the political level. This proposal offers a novel interpretation of John Rawls’s idea that, in public reasoning, we should abstract away from comprehensive moral doctrines. We contrast our distinction between facts at different levels with the distinction between admissible and inadmissible evidence and discuss some implications for the practice of political theory. (shrink)

Voting Advice Applications (VAAs) are interactive online tools designed to assist voters by improving the basis on which they decide how to vote. In recent years, they have been widely adopted, but their design is the subject of ongoing and often heated criticism. Most of these debates focus on whether VAAs accurately measure the standpoints of political parties and the preferences of users and on whether they report valid results while avoiding political bias. It is generally assumed that (...) if their methodology is sound, then VAAs can be seen as strengthening the democratic process. But as we argue in this chapter, the setup of VAAs raises basic questions of normative democratic theory as well. Insofar as VAAs are supposed to improve the functioning of the democratic process, it must be clarified in what sense they aim to make a contribution, before it even makes sense to discuss their effectiveness at doing so. -/- VAAs are often intended to enhance the democratic process by one or all of the following: (I) informing voters about the policy standpoints of political parties (or individual candidates), (2) increasing voter turnout, and (3) ensuring that the composition of parliaments more accurately reflects the political attitudes of the electorate. In the next three sections, we discuss three central bones of contention in current democratic theory that are crucial to these ways in which VAAs typically take themselves to contribute to strengthening the democratic process: -/- 1. Questions about citizen competence: What forms of competence do citizens need to have, and to what extent, for a democracy to function properly? -/- 2. Questions about political participation: What forms and extent of participation are vital to democracy? -/- 3. Questions about democratic representation: How should the relation between the elected and the electorate be understood? -/- For each issue we aim to show, first, how the design and setup of mainstream VAAs are tacitly structured by a specific conception of the democratic aim at issue and, second, what some alternative positions on these questions are within contemporary political theory. In the final section, we will discuss some of the implications of this analysis for the responsibilities of VAA developers, and particularly for the procedural neutrality to which they are typically committed. Our conclusion will be that once these issues are identified, developers of VAAs should either argue in favour of their views on democratic competence, participation and representation, or they should rethink the design of VA As in ways that move beyond their current assumptions, or both. (shrink)

While to political theorists in the United States ‘community radio’ may seem a quaint holdover of the democratization movements of the 1960s, community radio has been an important tool in development contexts for decades. In this paper I investigate how community radio is conceptualized within and outside of the development frame, as a solution to development problems, as part of development projects communication strategy, and as a tool for increasing democratic political participation in development projects. I want to (...) show that community radio is an essential tool of democratization and democracy outside of the development frame. To do so, I will bring out the conceptual and structural dimensions of community radio through examples of existing community radios, both those which are independently created and those which have been created as development projects. These structural and conceptual elements provide community radio the potential to realize the goals of development practice while avoiding characteristic pitfalls. These ‘pitfalls’ of development are also pitfalls of democratization and democracy in existing democratic states, and include: depoliticization, limited participation, particularly of marginalized groups. (shrink)

Recent developments in our globalized world are beginning the scholarly world to answer the question pertaining to the relationship between Islam—a “faith”—and politics and governance. In order to understand the Islamic worldview from the perspective of Ibn Khaldun, with whom many modern Islamists would agree with, a comparison is made with early progenitors of liberalism and the social contract, John Locke and Thomas Hobbes. By understanding the fundamental differences between the theorists, and how Ibn Khaldun’s is completely separate from the (...) western tradition, it becomes easier to understand exactly why Islamic models of governance are at direct odds with the west. The main difference between the two models of governance is the use of a fundamental criteria determining right from wrong, as opposed to Hobbes’ and Locke’s theories being based purely on assumption that the validity of their respective arguments is based upon the theory’s acceptance among the people. In other words, western political theorists lack the consistency and justification for their theories, at least from the Islamist point of view. (shrink)

Theodor W. Adorno inspired much of Germany’s 1960s student movement, but he came increasingly into conflict with this movement about the practical implications of his critical theory. Others – including his friend and colleague Herbert Marcuse – also accused Adorno of a quietism that is politically objectionable and in contradiction with his own theory. In this article, I recon- struct, and partially defend, Adorno’s views on theory and (political) praxis in Germany’s 1960s in 11 theses. His (...) often attacked and maligned stance during the 1960s is based on his analysis of these historical circumstances. Put provocatively, his stance consists in the view that people in the 1960s have tried to change the world, in various ways; the point – at that time – was to interpret it. (shrink)

Pettit (2012) presents a model of popular control over government, according to which it consists in the government being subject to those policy-making norms that everyone accepts. In this paper, I provide a formal statement of this interpretation of popular control, which illuminates its relationship to other interpretations of the idea with which it is easily conflated, and which gives rise to a theorem, similar to the famous Gibbard-Satterthwaite theorem. The theorem states that if government policy is subject to popular (...) control, as Pettit interprets it, and policy responds positively to changes in citizens' normative attitudes, then there is a single individual whose normative attitudes unilaterally determine policy. I use the model and theorem as an illustrative example to discuss the role of mathematics in normative political theory. (shrink)

Current events force upon Americans not only the duties of a citizen of a nation at war but also the conceptual challenge of understanding the nature of citizenship. In Aristotle and the Rediscovery of Citizenship Susan Collins argues that contemporary liberal political theory, based on presuppositions about the priority of the individual to the state, is incapable of responding to such an intellectual challenge. At least since the publication of John Rawls’ Political Liberalism (1993), contemporary liberal (...) class='Hi'>political theory has struggled to articulate an account of liberal citizenship which captures the obligations inherent in citizenship consistent with the individual freedom inherent in liberalism. But Collins argues that it is only through a return to Aristotle, who does not share liberal presuppositions, that we can understand the limitations of the liberal notion of citizenship adequately. To understand two crucial issues—the relationship of the right to the good and the nature of civic education—Collins claims we “must begin from Aristotle’s treatment of law and the education to moral virtue in his Nicomachean Ethics. This treatment opens the way to his direct investigation of the meaning and limits of citizenship in the Politics” (3). (shrink)

: The debate between proponents of ideal and non-ideal approaches to political philosophy has thus far been framed as a meta-level debate about normative theory. The argument of this essay will be that the ideal/non-ideal debate can be helpfully reframed as a ground-level debate within normative theory. Specifically, it can be understood as a debate within the applied normative field of professional ethics, with the profession being examined that of political philosophy itself. If the community of (...) academic political theorists and philosophers cannot help us navigate the problems we face in actual political life, they have not lived up to the moral demands of their vocation. A moderate form of what David Estlund decries as “utopophobia” is therefore an integral element of a proper professional ethic for political philosophers. The moderate utopophobe maintains that while devoting scarce time and resources to constructing utopias may sometimes be justifiable, it is never self-justifying. Utopianism is defensible only insofar as it can reasonably be expected to help inform or improve nonutopian political thinking. (shrink)