This article starts by identifying the phenomena that Hume thought to explain the need, hence utility, of a rudimentary system of property. Then, and prominently, it considers Hume’s arguments for believing that only a system of private property is justifiable. Hume argues that only in a society with adequate but not absolute abundance and altruism does property have a point or purpose. Property’s basic job, then, is that of addressing conflict and disagreement among persons of (...) limited altruism and means, and so property’s primary purpose is regulative and adjudicative. This point is not disturbed by fluctuations in altruism or the extent of abundance that might result from differing social arrangements. Thus Hume’s explanation of property is logically separable from the question of what kind of system of ownership is justifiable. This raises the central topic of the paper: Does Hume provide arguments showing not only that a system of private property is justifiable but that only such a system will suffice to avoid a condition of chaos and savagery? As argued here, while Hume’s arguments to this conclusion repay careful consideration, they fail and to show that only a system of ownership dominated by private property is justifiable. (shrink)

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

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal framework. (...) And it is endorsed by most academic researchers and commentators in this field. In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes. I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources. As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively. As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies. (shrink)

There seems a potential tension between Hume's naturalistic project and his normative ambitions. Hume adopts what I call a methodological naturalism: that is, the methodology of providing explanations for various phenomena based on natural properties and causes. This methodology takes the form of introducing ‘the experimental method of reasoning into moral subjects’, as stated in the subtitle of the Treatise; this ‘experimental method’ seems a paradigmatically descriptive one, and it remains unclear how Hume derives genuinely normative prescriptions from this (...) methodology. In resolving this problem, I will argue that Hume's naturalistic methodology – that is, his ‘experimental philosophy’, or what has come to be known as his experimental method – consists of the systematization of phenomena pertaining to human nature. In applying his experimental method to normative subjects, Hume systematizes our normative judgements, deriving general principles of normative justification; he then reflexivel... (shrink)

Hume’s account of the scope of justice, many think, is implausibly narrow, apply- ing almost exclusively to respect for property rights. Such a view would indeed be highly objectionable because it would leave out of the scope of justice altogether requirements to keep our promises, obey the law, and refrain from threats and violence (among many others). I argue that Hume’s theory of justice, properly understood, avoids this objection. And seeing how is instructive because once we understand his account (...) correctly, we can appreciate its resources for offering attractive explanations of why a number of diverse phenomena fall within the scope of justice. Overcoming this challenge is a major step- ping stone on the way to seeing Hume’s theory of justice as a genuine competitor with the other dominant theories of justice in the philosophical literature. (shrink)

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)

This paper argues against the common justification for the necessity of the state through the particular difficulty of private property right. Instead, I argue that the necessity of the state is internal to the concept of right in general. In order to show this, I point out how Kants adoption of hylomorphic language for the concept of right, where there is a formal and material aspect of right, allows us to understand the Rechtslehre as progressing through a (...) syllogistic deduction from innate right (major), private right (minor) to public right (conclusion). Material right is made necessary through its subsumption under formal right in the civil condition. (shrink)

This book provides the first comprehensive account of Hume’s conception of objects in Book I of the Treatise. What, according to Hume, are objects? Ideas? Impressions? Mind-independent objects? All three? None of the above? Through a close textual analysis, I show that Hume thought that objects are imagined ideas. However, I argue that he struggled with two accounts of how and when we imagine such ideas. On the one hand, Hume believed that we always and universally imagine that objects are (...) the causes of our perceptions. On the other hand, he thought that we only imagine such causes when we reach a “philosophical” level of thought. This tension manifests itself in Hume’s account of personal identity; a tension that, I argue, Hume acknowledges in the Appendix to the Treatise. As a result of presenting a detailed account of Hume’s conception of objects, we are forced to accommodate new interpretations of, at least, Hume’s notions of belief, personal identity, justification and causality. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of (...) property is an invisible-hand function of the market, the market mechanism of appropriation. Does this mechanism satisfy an appropriate normative principle? The standard normative juridical principle is to assign or impute legal responsibility according to de facto responsibility. It is given a historical tag of being "Lockean" but the basis is contemporary jurisprudence, not historical exegesis. Then the fundamental theorem of the property mechanism is proven which shows that if "Hume's conditions" (no transfers without consent and all contracts fulfilled) are satisfied, then the market automatically satisfies the Lockean responsibility principle, i.e., "Hume implies Locke." As a major application, the results in their contrapositive form, "Not Locke implies Not Hume," are applied to a market economy based on the employment contract. It is shown the production based on the employment contract violates the Lockean principle (all who work in an employment enterprise are de facto responsible for the positive and negative results) and thus Hume's conditions must also be violated in the marketplace (de facto responsible human action cannot be transferred from one person to another—as is readily recognized when and employer and employee together commit a crime). (shrink)

In this book, Russell examines Hume's notion of free will and moral responsibility. It is widely held that Hume presents us with a classic statement of a compatibilist position--that freedom and responsibility can be reconciled with causation and, indeed, actually require it. Russell argues that this is a distortion of Hume's view, because it overlooks the crucial role of moral sentiment in Hume's picture of human nature. Hume was concerned to describe the regular mechanisms which generate moral (...) sentiments such as responsibility, and Russell argues that his conception of free will must be interprted within this naturalistic framework. He goes on to discuss Hume's views about the nature and character of moral sentiment; the extent to which we have control over our moral character; and the justification of punishment. Throughout, Russell argues that the naturalistic avenue of interpretation of Hume's thought, far from draining it of its contemporary interest and significance, reveals it to be of great relevance to the ongoing contemporary debate - particuarly in relation to the views of P.F. Strawson and his influential paper "Freedom and Resentment". (shrink)

This article investigates the relationship between Hume’s causal philosophy and Newton ’s philosophy of nature. I claim that Newton ’s experimentalist methodology in gravity research is an important background for understanding Hume’s conception of causality: Hume sees the relation of cause and effect as not being founded on a priori reasoning, similar to the way that Newton criticized non - empirical hypotheses about the properties of gravity. However, according to Hume’s criteria of causal inference, the law of universal gravitation is (...) not a complete causal law, since it does not include a reference either to contiguity or to temporal priority. It is still argued that because of the empirical success of Newton ’s theory—the law is a statement of an exceptionless repetition—Hume gives his support to it in interpreting gravity force instrumentally as if it bore a causal relation to motion. (shrink)

Our goal in this article is first to give a broad outline of some of Hume’s major positions to do with justice, sympathy, the common point of view, criticisms of social contract theory, convention and private property that continue to resonate in contemporary political philosophy. We follow this with an account of Hume’s influence on contemporary philosophy in the conservative, classical liberal, utilitarian, and Rawlsian traditions. We end with some reflections on how contemporary political philosophers would benefit from (...) a more explicit consideration of Hume. (shrink)

While Hume had a favorable opinion of the new commercial society, Reid envisioned a utopian system that would eliminate private property and substitute the profit incentive with a system of state-conferred honors. Reid’s predilection for a centralized command economy cannot be explained by his alleged discovery of market failures, and has to be considered in the context of his moral psychology. Hume tried to explain how the desire for gain that motivates the merchant leads to industry and frugality. (...) These, in their turn, benefit all society. Reid still saw the desire for money as a degenerate form of the desire for power. The contrast between Hume and Reid, however, has not to be taken too far. On some particular matters of economic policy, such as paper credit, Hume and Reid eventually came to similar views. (shrink)

An examination of the role played by general rules in Hume's positive (nonskeptical) epistemology. General rules for Hume are roughly just general beliefs. The difference between justified and unjustified belief is a matter of the influence of good versus bad general rules, the good general rules being the "extensive" and "constant" ones.

In a recent Philosophy of Science article Gerhard Schurz proposes meta-inductivistic prediction strategies as a new approach to Hume's. This comment examines the limitations of Schurz's approach. It can be proven that the meta-inductivist approach does not work any more if the meta-inductivists have to face an infinite number of alternative predictors. With his limitation it remains doubtful whether the meta-inductivist can provide a full solution to the problem of induction.

Discussion on whether Hume's treatment of induction is descriptive or normative has usually centred on Hume's negative argument, somewhat neglecting the positive argument. In this paper, I will buck this trend, focusing on the positive argument. First, I argue that Hume's positive and negative arguments should be read as addressing the same issues . I then argue that Hume's positive argument in the Enquiry is normative in nature; drawing on his discussion of scepticism in Section 12 (...) of the Enquiry, I explain a framework by which he provides what I call consequent justification for our inductive practices in his positive argument. Based on this, I argue that his negative argument in the Enquiry should similarly be read as normative in nature. (shrink)

The inoffensive title of Section 1.4.7 of Hume’s Treatise of Human Nature, ‘Conclusion of this Book’, belies the convoluted treatment of scepticism contained within. It is notoriously difficult to decipher Hume’s considered response to scepticism in this section, or whether he even has one. In recent years, however, one line of interpretation has gained popularity in the literature. The ‘usefulness and agreeableness reading’ (henceforth U&A) interprets Hume as arguing in THN 1.4.7 that our beliefs and/or epistemic policies are justified via (...) their usefulness and agreeableness to the self and others; proponents include Ardal (in Livingston & King (eds.) Hume: a re-evaluation, 1976), Kail (in: Frasca-Spada & Kail (eds.) Impressions of Hume, 2005), McCormick (Hume Stud 31:1, 2005), Owen (Hume’s reason, 1999), and Ridge (Hume Stud 29:2, 2003), while Schafer (Philosophers, forthcoming) also defends an interpretation along these lines. In this paper, I will argue that although U&A has textual merit, it struggles to maintain a substantive distinction between epistemic and moral justification—a distinction that Hume insists on. I then attempt to carve out the logical space for there being a distinctly epistemic notion of justification founded on usefulness and agreeableness. However, I find that such an account is problematic for two reasons: first, it cannot take advantage of the textual support for U&A; secondly, it is incompatible with other features of the text. (shrink)

Hume’s discussion of space in the Treatise addresses two main topics: divisibility and vacuum. It is widely recognized that his discussion of divisibility contains an answer to Bayle, whose Dictionary article “Zeno of Elea” presents arguments about divisibility as support for fideism. It is not so widely recognized that, elsewhere in the same article, Bayle presents arguments about vacuum as further support for fideism. This paper aims to show that Hume’s discussion of vacuum contains an answer to these vacuum-based fideistic (...) arguments. Key to this answer is a distinction between two ways in which vacuum was conceived in the early modern period: i) as a genuine thing that has spatial properties, and yet is immobile, indivisible, and penetrable ; ii) as a mere absence of spatial things. This paper also aims to provide a novel defense of Hume against the long-standing objection that he is inconsistent in denying that we can conceive of a vacuum, while allowing that we can conceive of “invisible and intangible distance.” As I interpret him, Hume consistently denies that we can conceive of a positive vacuum, while allowing that we can conceive of two or more objects’ being arranged so as to have privative vacuum between them. (shrink)

Commentators have rightly focused on the reasons why Hume maintains that the conclusions of skeptical arguments cannot be believed, as well as on the role these arguments play in Hume’s justification of his account of the mind. Nevertheless, Hume’s interpreters should take more seriously the question of whether Hume holds that these arguments are demonstrations. Only if the arguments are demonstrations do they have the requisite status to prove Hume’s point—and justify his confidence—about the nature of the mind’s belief-generating (...) faculties. In this paper, I treat Hume’s argument against the primary/secondary quality distinction as my case study, and I argue that it is intended by Hume to be a demonstration of a special variety. (shrink)

The issue of time-awareness presents a critical challenge for empiricism: if temporal properties are not directly perceived, how do we become aware of them? A unique empiricist account of time-awareness suggested by Hume's comments on time in the Treatise avoids the problems characteristic of other empiricist accounts. Hume's theory, however, has some counter-intuitive consequences. The failure of empiricists to come up with a defensible theory of time-awareness lends prima facie support to a non-empiricist theory of ideas.

This paper raises questions concerning Ted Morris’ interpretation of Hume’s notion of meaning and investigates the private and public aspects of Hume’s notion of meaning.

American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme Court (...) upheld the constitutionality of a public nuisance statute that authorized the government to abate a car-owner’s property interest, even though there had been no showing of negligence or wrongdoing on the part of the owner herself. Referring to this country’s “longstanding practice” of in rem forfeiture proceedings, the Court held that abatement under the Michigan statute neither offended due process nor violated the Fifth Amendment’s prohibition against takings without just compensation. By basing its decision on precedent, the Court prudently resisted the temptation to legislate from the bench. The Court also reached the right result in denying relief to Mrs. Bennis. Unfortunately, the Court’s appeal to past practice did not adequately address the constitutional concerns raised by the case. If the Court had said more about the traditional purpose and limits of in rem forfeitures, it could have addressed these concerns, while still avoiding the dangers of judicial activism. (shrink)

This paper explores the metaethical ramifications of a coarse-grained criterion of property identity, sometimes referred to as Hume's dictum. According to Hume's dictum, properties are identical if and only if they are necessarily co-extensive. Assuming the supervenience of the normative on the natural, this criterion threatens the non-naturalist view that there are instantiable normative properties which are distinct from natural properties. In response, non-naturalists typically point to various counterintuitive implications of Hume's dictum. The paper clarifies this (...) strategy and defends it against objections by Bart Streumer and Ralf Bader. In addition, it is argued that proponents of naturalist and supernaturalist views, along with proponents of a certain kind of nihilism, should also reject Hume's dictum. This shows that non-naturalists can also attack the criterion indirectly, by pointing to partners in guilt. Also, it shows that not just any opponent of non-naturalism can appeal to Hume's dictum. Only certain nihilists can. (shrink)

The two purposes of this essay. The general philosophical problem with most versions of social libertarianism and how this essay will proceed. The specific problem with liberty explained by a thought-experiment. The positive and abstract theory of interpersonal liberty-in-itself as ‘the absence of interpersonal initiated constraints on want-satisfaction’, for short ‘no initiated impositions’. The individualistic liberty-maximisation theory solves the problems of clashes, defences, and rectifications without entailing interpersonal utility comparisons or libertarian consequentialism. The practical implications of instantiating liberty: three rules (...) of liberty-in-practice, 1) initial ultimate control of one’s body, 2) initial ultimate control of one’s used resources, 3) consensual interpersonal interactions and resource transfers. These rules are economically efficient and maximise general want-satisfaction. Private property and legal remedies are additional practical institutional aspects, but to which ‘initiated impositions’ then apply prima facie. Libertarian law is often mistaken for complete libertarianism. Moral explanations are a separate issue. The three main moral theories imply libertarianism, but it can be morally posited independently of them. Critical rationalism and its application. No empirical or argumentative support for theories. An important ambiguity with ‘justification’. How the epistemology applies to the theory of liberty and its application but remains separable in principle. Conclusion: there are further published explanations but this should be enough to generate useful criticism. Appendix replying to some typical comments. (shrink)

From the second half of the last century, there has been a widespread view in the Anglophone world that Kant’s transcendental deduction (aka TD) aims to vindicate our common-sense view of the world as composed of public and objective particulars against some unqualified forms of skepticism. This widespread assumption has raised serious doubt not only about the success of TD but also about the very nature of its argument in both editions of the Critique. Yet, if there is a connection (...) between TD and global skepticism, the intriguing question is: Who is this skeptic? According to Strawson, “the skeptic” is a hypothesis of a purely sense-datum experience. In contrast, the fact that TD turns on the key notion of self-consciousness has induced several other scholars to assume that the skeptic is no none but a Cartesian external-world skeptic. None of those readings find textual support or are compatible with the very structure of the first Critique. The question is: Does this mean that TD aims only to undermine empiricism, as Guyer suggests? I do not believe so. I am pretty convinced that TD addresses a peculiar form of global skepticism, namely “Hume’s challenge to reason.” Assuming that we cognize (erkennen) and experience (erfahren) appearances as objects as a requirement of Newtonian physics, TD aims to provide a justification of the principle that nature is uniform that is superior to Hume’s justification. (shrink)

Hume appeals to a mysterious mental process to explain how to world appears to possess features that are not present in sense perceptions, namely causal, moral, and aesthetic properties. He famously writes that the mind spreads itself onto the external world, and that we stain or gild natural objects with our sentiments. Projectivism is founded on these texts but it assumes a reading of Hume’s language as merely metaphorical. This assumption, however, conflicts sharply with the important explanatory role that “spreading” (...) and “staining” are supposed to play, which, ironically, is the very appeal of Hume’s texts to projectivists. In this paper, I first consider the difficulties readers of Hume have encountered in their attempts to ascertain nature of the key psychological process. I then identify in Hume’s texts novel theoretical resources that allow Hume to produce a satisfying answer to the question of process, that is, an account of the precise nature of the key process. I offer this explanation assuming what I take to be Hume’s austere conception of the elements involved in the process: sense impressions and “internal impressions” lacking intrinsic intentionality. On my reading, the spreading process explains the gap between the meager input and the rich, novel output: causal, moral and aesthetic judgments. (shrink)

The subject of this essay-based dissertation is Hume’s natural philosophy. The dissertation consists of four separate essays and an introduction. These essays do not only treat Hume’s views on the topic of natural philosophy, but his views are placed into a broader context of history of philosophy and science, physics in particular. The introductory section outlines the historical context, shows how the individual essays are connected, expounds what kind of research methodology has been used, and encapsulates the research contributions of (...) the essays. The first essay treats Newton’s experimentalist methodology in gravity research and its relation to Hume’s causal philosophy. It is argued that Hume does not see the relation of cause and effect as being founded on a priori reasoning, similar to the way in which Newton criticized non-empirical hypotheses about the causal properties of gravity. Contrary to Hume’s rules of causation, the universal law does not include a reference either to contiguity or succession, but Hume accepts it in interpreting the force and the law of gravity instrumentally. The second article considers Newtonian and non-Newtonian elements in Hume more broadly. He is sympathetic to many prominently Newtonian themes in natural philosophy, such as experimentalism, critique of hypotheses, inductive proof, and the critique of Leibnizian principles of sufficient reason and intelligibility. However, Hume is not a Newtonian philosopher in many respects: his conceptions regarding space and time, the vacuum, the specifics of causation, the status of mechanism, and the reality of forces differ markedly from Newton’s related conceptions. The third article focuses on Hume’s Fork and the proper epistemic status of propositions of mixed mathematics. It is shown that the epistemic status of propositions of mixed mathematics, such as those concerning laws of nature, is that of matters of fact. The reason for this is that the propositions of mixed mathematics are dependent on the Uniformity Principle. The fourth article analyzes Einstein’s acknowledgement of Hume regarding special relativity. The views of the scientist and the philosopher are juxtaposed, and it is argued that there are two common points to be found in their writings, namely an empiricist theory of ideas and concepts and a relationist ontology regarding space and time. (shrink)

Commentators such as Kemp Smith (1941), Mendelbaum (1974), and Bricke (1980) have taken the distinctions of reason to pose either a counterexample to or a limitation of scope on the Separability Principle. This has been convincingly addressed by various accounts such as Garrett (1997), Hoffman (2011), and Baxter (2011). However, I argue in this paper that there are two notions of ‘distinction of reason’, one between particular instantiations (token distinctions of reason) and one between general ideas (type distinctions of reason). (...) Discussion of the distinctions of reason in the secondary literature has without fail focused on token distinctions of reason, but I will argue that type distinctions of reason prove problematic for Hume’s Separability Principle. I find a way around this problem that is consonant with Hume’s account of general ideas, but which can hardly be said to be an account which he explicitly or even implicitly endorsed. (shrink)

There is a tradition perhaps as old as philosophy itself which sees the rationality of man – and in particular, the rationality of the philosopher - as both his essential and his redeeming characteristic; it can not unfairly be said that the discipline of philosophy at least is characterised by its dependence on reason. In this context, the philosophy of David Hume presents something of a stark challenge: Although interpretations vary as to the extent and nature of his scepticism, one (...) of the themes of his work is the limits and imperfections of human reason and the sceptical concerns this engenders. On Hume's system, reason is not the overlord of the imagination but at least in part subordinate to it, and can discover little or nothing without recourse to experience. -/- My aim here is to pinpoint the true nature of Hume's scepticism regarding reason, drawing chiefly on the Treatise but also to a lesser extent the Enquiry. After a brief overview of his project in the Treatise in section 1, I go on to give an account of Hume's conception of reason or the understanding, and the epistemological distinction between demonstrative and probable reasoning, in section 2. In section 3 I examine Hume's famous argument concerning induction, arguing that to read Hume as a sceptic regarding inference is a mistake and that to say induction is grounded in principles of the imagination is not to say that it is therefore irrational. In section 4 I examine the argument of Treatise 1.4.1, 'Of scepticism with regard to reason', and in section 5 the 'dangerous dilemma' to which it leads Hume in 1.4.7, arguing that whilst his treatment of the issues it raises is somewhat unsatisfactory in this section of the Treatise a better solution can be fashioned by appealing to a distinction between the general and the trivial properties of the imagination drawn elsewhere in both the Treatise and the Enquiry. Then in section 6 I conclude by offering my own attempt at characterising the extent of Hume's scepticism regarding reason, arguing that his “mitigated” scepticism is a scepticism about knowledge but not about belief, and that its chief aim is to ensure that we philosophise only on those subjects which are suitable for enquiry given the limits and frailties of our faculties; the “reflections of common life, methodized and corrected” (Enquiry 12.25, p.208) rather than “divinity” or “school metaphysics” (Enquiry 12.34, p.211). (shrink)

For Hegel, personhood is developed primarily through the possession, ownership, and exchange of property. Property is crucial for individuals to experience freedom as persons and for the existence of Sittlichkeit, or ethical life within a community. The free exchange of property serves to develop individual personalities by mediating our intersubjectivity between one another, whereby we share another’s subjective experience of the object by recognizing their will in it and respecting their ownership of it. This free exchange is (...) grounded the abstract right to property which is defined by the liberal institution of private property. Like all legal/juridical rights, the abstract property right and its related institution are productions of the state, which can also claim priority over them. This prioritization reveals the dialectic inherent in the both the conception and exercise of the right, in which the private right to property at the level of civil society confronts the public right of the state, resulting in both the preservation and uplifting of the right, and, at the same time, its cancellation or annihilation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Spectres of False Divinity: Hume’s Moral AtheismJohn J. TilleyThomas Holden. Spectres of False Divinity: Hume’s Moral Atheism. Oxford-New York: Oxford University Press, 2010. Pp. xvi + 246. Cloth, $50.00.Thomas Holden argues that a key element of David Hume’s irreligious agenda is his case for moral atheism. According to Holden, Hume defends (conclusively, Hume believes) not merely weak moral atheism, according to which there is no morally praiseworthy deity, (...) but strong moral atheism, according to which there is no deity with any moral characteristics. The idea here is that if any being approximates the traditional notion of God as a first cause or designer, it cannot meet the preconditions for having moral attributes. Holden also discusses arguments that some might expect to be central to Hume’s case but which, according to Holden, are not. For instance, Holden maintains that Hume does not even endorse the evidential argument from evil, let alone use it to support moral atheism. Instead, Hume intends it as a parody of traditional natural theology. Holden closes with several points about the historical and philosophical import of Hume’s moral atheism.Right from the start, Holden faces challenges. How can he square his interpretation of Hume as a moral atheist with Hume’s repeated strictures against theological speculation? And how can he square his interpretation with the fact that Hume never explicitly advocates moral atheism?Holden skillfully meets these challenges. Regarding the first challenge, for example, he distinguishes “core natural theology,” which aims at knowledge of the deity’s distinctive, intrinsic properties, from “liminal natural theology,” which lacks such aims. This distinction, Holden contends, reconciles two elements of Hume’s philosophy that seem to conflict. The first is Hume’s rejection of theological speculation as beyond our cognitive capacities. The second is Hume’s frequent willingness to draw conclusions about divine attributes. Holden argues that although Hume’s strictures against theological speculation pertain to [End Page 297] core natural theology, they are not aimed at liminal natural theology—that is, at speculation about the deity’s non-distinctive or relational properties. Hume’s defense of moral atheism, Holden believes, falls within liminal natural theology.After addressing challenges to his reading of Hume, Holden discusses Hume’s arguments for strong moral atheism. These do not stand out in Hume’s writings (though many of their components do), but Holden finds them there. He does so not through overly imaginative reconstruction but through careful interpretation, with an eye on many texts.Hume’s first argument, the “argument from sentimentalism,” draws on Hume’s theory of the passions and his sentimentalist metaethics. Holden reconstructs it as follows. S1: The deity is not a natural object of any human passion. S2: Moral sentiments are a species of human passion. S3: If a being is not a natural object of the moral sentiments, then it cannot have moral attributes (either virtues or vices). Therefore, S4: The deity cannot have moral attributes. The first premise is the least familiar of the three, and Holden devotes considerable effort to clarifying it, examining Hume’s rationale for it, and addressing objections to it. He performs similar tasks regarding S2, S3, and the argument in general. For instance, he addresses at length three possible objections to the argument, his concern being that if they were sufficiently damaging (he argues that they are not), this might tell against interpreting Hume as advancing the argument.Hume’s second argument, the “argument from motivation,” goes roughly as follows. Although we know nothing about the deity’s distinctive intrinsic properties, we have good reason to think that most likely, the deity (like any unknown being picked out in advance) lacks a sentimental nature anything like ours. But without a sentimental nature akin to ours, a being’s behavior is not intelligible in human terms—for example, it cannot be said to reflect moral concern or such motives as malice and benevolence. And if a being’s behavior is not intelligible in human terms, that being is not morally assessable, which is to say that it lacks moral attributes. Thus, we should conclude that the deity most likely lacks such attributes. Holden... (shrink)

This essay reconsiders David Hume’s thinking on the fate of the British Empire and the future of established religion. It provides a detailed reconstruction of the development of Hume’s views on Britain’s successive attempts to impose or regain its authority over its North American colonies and compares these views with the stance taken during the American Crisis by Adam Smith and Josiah Tucker. Fresh light is shed on this area of Hume’s later political thought by a new letter, appended to (...) the essay, which at the same time provides an illuminating glimpse of his abiding preoccupation with the future of established religion. It is argued that this evidence of Hume’s privately held views belies the notion that his thinking on political and religious matters was fundamentally opposed to that of his friends among the philosophes. It is consequently misleading to regard Hume as an opponent of the more radical wing of the Enlightenment. (shrink)

THE MAIN OBJECTIVES of the following discussions are, first, to show the logical inconsistency of Hegel’s theory of the necessity of private property and, second, to show its exegetical inconsistency with the most plausible and consistent interpretations of Hegel’s theory of the self and its relation to the state in Ethical Life. I begin with the latter objective, by distinguishing three basic conceptions of the self that can be gleaned from various passages in the Philosophy of Right. I (...) suggest viable connections between each of these three conceptions and three respective interpretations of what I call the Hegelian requirement, i.e., that the individual be able to identify his personal interests and values with those of the state [141, 147, 147r, 151, 155].1 This can be understood as the requirement that the individual be capable of transcending certain limits of individuality in the service of broader and more inclusive political goals. I argue that Hegel’s theory of Personality and the requirements of Ethical Life in the state commit him to a conception of the self as capable of achieving such selftranscendence through action, despite appearances to the contrary that suggest that self-transcendence is to be primarily achieved through acquisition of various kinds. I then try to demonstrate the logical inconsistency of Hegel’s theory of the necessity of private property. I argue that the fallacies inherent in his exposition of this theory can be explained by his presupposing a conception of the self which both is inadequate to meet the criteria of Hegel’s theories of Personality and Ethical Life and also, therefore, fails the Hegelian requirement. (shrink)

A very common view of Hume’s distinction between impressions and ideas is that it is based on their intrinsic properties; specifically, their force and vivacity. Some interpreters have challenged this,one being David Landy (Landy 2006). He argues that for Hume the difference lies instead in the fact that impressions are not copies of anything, while ideas are copies of impressions. I regard this view as unsatisfactory, not because it is fundamentally mistaken but because (to put it in Humean terms) it (...) “…it discovers not all the truth” (Treatise 1.3.7.4). I will argue that Hume was a functionalist about (some)mental kinds, individuating impressions, ideas, and beliefs (and possibly other mental phenomena) in terms of their causal role in our mental economy. The distinction between impressions and ideas involves the fact that ideas are copies and impressions are not, but also more than that. I will also argue that interpreting Hume as a functionalist enables one to make sense of a passage that is impossible to explain on the force-and-vivacity view, and that it does so more readily than Landy’s view.Furthermore, I think this interpretation makes better sense of Hume’s “missing shade of blue” than Landy’s does. (shrink)

In seeing a tilted penny, we are experientially aware of both its circularity and another shape, which I dub ‘β‐ellipticality’. Some claim that our experiential awareness of the intrinsic shapes/sizes of everyday objects depends upon our experiential awareness of β‐shapes/β‐sizes. In contrast, I maintain that β‐property experiences are the result of what Richard Wollheim calls ‘seeing‐in’, but run in reverse: instead of seeing a three‐dimensional object in a flat surface, we see a flat surface in a three‐dimensional object. Using (...) this new account, I re‐examine the phenomenological directness of visual experience and undermine an argument for skepticism about β‐property experiences. (shrink)

On page 14 of "Reconceptions in Philosophy and Other Arts and Sciences" (section 4 of chapter 1) by Nelson Goodman and Catherine Z. Elgin is written: “Since ‘blue’ and ‘green’ are interdefinable with ‘grue’ and ‘bleen’, the question of which pair is basic and which pair derived is entirely a question of which pair we start with”. This paper points out that an example of interdefinability is also that one about the predicate “grueb”, which is a predicate that applies to (...) an object if the object either is green and examined before time b, or is non-green and not examined before time b. The three predicates “green”, “grueb”, “examined before time b” are interdefinable. According to Goodman, since the predicates “blue” and “green” are interdefinable with the predicates “grue” and “bleen”, “if we can tell which objects are blue and which objects are green, we can tell which ones are grue and which ones are bleen” [pages 12-13 of “Reconceptions in Philosophy and Other Arts and Sciences”]. But , even though the predicates “green” and “examined before time b” are interdefinable, being able to tell if an object is green does not imply being able to tell if an object is examined before time b. The interdefinability among three elements is a type of interdefinability present, for example, also among the logical connectives. Another example of interdefinability is that one about a decidable predicate PD, which is interdefinable with an undecidable predicate PU: therefore even though we can tell whether an object is PD and whether an object is non-PD, we cannot tell whether an object is PU (since PU is an undecidable predicate) and whether an object is non-PU. Although the predicates PD and PU are interdefinable, the possibility to determine whether an object is PD does not imply the possibility to determine whether an object is PU (since PU is an undecidable predicate). Similarly, although the predicates “green” and “grue” are interdefinable, the possibility to determine whether an object is “green” even in absence of temporal information does not imply the possibility to determine whether an object is “grue” even in absence of temporal information. These and other examples about “grue” and “bleen” point out that even in case two predicates are interdefinable, the possibility to apply a predicate P does not imply the possibility to apply a predicate interdefinable with P. And that the possibility to apply the predicate “green” without having temporal information does not imply the possibility to apply the predicate “grue” without having temporal information. According to Goodman, if it is possible to determine if an object is green without needing temporal information, then it is also possible to determine if an object is grue without needing temporal information. But, knowing that an object is both green and grue implies temporal information: in fact, we know by definition that a grue object can only be: 1) either green (in case the object is examined before time t); 2) or blue (in case the object is not examined before time t). Thus, knowing that an object is both grue and green, we know that we are faced with case 1, the case of a grue object that is green and examined before time t. Then the paper points out why the Goodman-Kripke paradox is a paradox about meaning that cannot have repercussions on induction. Finally the paper points out why Hume’s problem is a problem different from Goodman’s paradox and requires a specific treatment. (shrink)

I defend a reading of David Hume’s nominalism that he comes close to Keith Campbell's contemporary trope theory in the specific case of spatial properties. I argue that Hume's view should be construed as classifying spatial properties as Campbellian tropes (particular properties): abstract, particular, determinate and qualitatively simple properties. This has implications for reconstructing Hume's answer to the problem of universals. I argue that Hume’s account of objects resembling each other in respect of spatial properties is grounded in (...) the resemblance of tropes rather than in the resemblance of objects. (shrink)

The pandemic significantly raised the stakes for the translation of bioethics insights into policy. The novelty, range and sheer quantity of the ethical problems that needed to be addressed urgently within public policy were unprecedented and required high‐bandwidth two‐way transfer of insights between academic bioethics and policy. Countries such as the United Kingdom, which do not have a National Ethics Committee, faced particular challenges in how to facilitate this. This paper takes as a case study the brief career of the (...) Ethics Advisory Board (EAB) for the NHS Covid‐19 App, which shows both the difficulty and the political complexity of policy‐relevant bioethics in a pandemic and how this was exacerbated by the transience and informality of the structures through which ethics advice was delivered. It analyses how and why, after EAB's demise, the Westminster government increasingly sought to either take its ethics advice in private or to evade ethical scrutiny of its policies altogether. In reflecting on EAB, and these later ethics advice contexts, the article provides a novel framework for analysing ethics advice within democracies, defining four idealised stances: the pure ethicist, the advocate, the ethics arbiter and the critical friend. (shrink)

In Fallibilism: Evidence and Knowledge, Jessica Brown identifies a number of problems for the so-called knowledge view of justification. According to this view, we cannot justifiably believe what we do not know. Most epistemologists reject this view on the grounds that false beliefs can be justified if, say, supported by the evidence or produced by reliable processes. We think this is a mistake and that many epistemologists are classifying beliefs as justified because they have properties that indicate that something (...) should be excused. Brown thinks that previous attempts to make this case have been unsuccessful. While the difficulties Brown points to are genuine, I think they show that attempts to explain a classificatory judgment haven't been successful. Still, I would argue that the classification is correct. We need a better explanation of this classificatory judgment. I will try to clarify the justification-excuse distinction and explain why it's a mistake to insist that beliefs that violate epistemic norms might be justified. Just as it's possible for a rational agent to act without justification in spite of her best intentions, it's possible that a rational thinker who follows the evidence and meets our expectations might nevertheless believe without sufficient justification. If our justified beliefs are supposed to guide us in deciding what to do, we probably should draw on discussions from morality and the law about the justification/excuse distinction to inform our understanding of the epistemic case. (shrink)

The thesis of this paper is that we can justify induction deductively relative to one end, and deduction inductively relative to a different end. I will begin by presenting a contemporary variant of Hume ’s argument for the thesis that we cannot justify the principle of induction. Then I will criticize the responses the resulting problem of induction has received by Carnap and Goodman, as well as praise Reichenbach ’s approach. Some of these authors compare induction to deduction. Haack compares (...) deduction to induction, and I will critically discuss her argument for the thesis that we cannot justify the principles of deduction next. In concluding I will defend the thesis that we can justify induction deductively relative to one end, and deduction inductively relative to a different end, and that we can do so in a non-circular way. Along the way I will show how we can understand deductive and inductive logic as normative theories, and I will briefly sketch an argument to the effect that there are only hypothetical, but no categorical imperatives. (shrink)

Imagine two urns, each with a thousand beads - in one all the beads are blue while in the other only one of the thousand is blue. If one of these urns is pushed forward (based on the toss of a fair coin) and the single bead then randomly drawn from it is blue, we must infer that it is a thousand times more probable that the urn pushed forward is the purely blue one. The hypothesis that this was instead (...) the urn with only one blue bead would require that the occurrence of the evidence, the blue bead being drawn, was something improbable - and it is improbable that something improbable is what has occurred. Next consider an example of only one urn with no prior description. By the same reasoning as above, if all the first beads randomly drawn are blue, it is becoming more and more probable that the beads in the urn are generally blue. (Otherwise something improbable would be happening in another colour not appearing; and what’s improbable is improbable.) It is therefore probable also that the next bead drawn will be blue. This is induction. As Hume would have said, we could not know a priori, given this evidence, that the next bead will be blue. But, as he overlooked, we can know a priori, given this evidence, that it is probable that the next bead will be blue. In neither urn example has the belief regarding the beads been formed as a Humean habit of expectation after many observations of beads. (In the first case there is only one observation. The second could be modified to have all the beads drawn out at once.) Rather the belief is a product of a priori reasoning about probability. Next imagine that a coin has been tossed a thousand times and landed heads every time. There was a fair and a loaded coin. According to the same reasoning, it is overwhelmingly more probable that the coin used was the loaded one. For that the fair coin had so landed is most improbable. The hypothesis that there is no external world makes the orderliness in my current experience improbable - much like getting all heads with a fair coin. (Uncaused sensation would most probably be chaotic.) The most probable hypothesis is that of things like those we believe in causing this orderliness - as the coin’s being loaded would have caused all heads. The hypothesis that my experience has been made to take this pattern by a Cartesian malicious demon or by scientists controlling my brain in a vat can only falsely seem to make the character of the experience probable by sneaking in an inherently improbable ad hoc specification that this sort of pattern of experience was that which they were aiming at producing - like an ad hoc specification that the fair coin was one that by chance landed heads all thousand times. We may thus reject such hypotheses as improbable. So this is the problem of induction solved and scepticism answered through a priori reasoning. (shrink)

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

This paper explores privation in the Statesman, first from a methodological point of view, and then politically. I begin (§1) with the Rule of Bisection (262a–e): classes should be bifurcated by form, which apparently excludes division by positive and negative terms (e.g. human and non-human). The significance of the restriction is debated. I argue that the correct interpretation must take into account the preponderance of privative terms in the subsequent divisions of animals. According to one definition, humans are two-footed, non- (...) interbreeding, hornless land animals; according to another, they are featherless, two-footed land animals (264d–266e). On my reading of the rule, classes should be bifurcated with reference to constitutive features of the resulting subclasses; while negative properties never satisfy this requirement, privations are in some cases partly constitutive of the target class in division. This insight allows me to offer a charitable reading of the Eleatic Stranger’s definitions of the human herd, which others have disparaged, as relevant for political theory (§2) and tightly linked with the Myth of the Ages (268e–274d) that follows these divisions (§3). In the final section, I sketch a unified outlook on the dialogue as concerned with effective political collaboration, under the supervision of a statesman who expertly integrates each member into the self-protective fabric of society (§4). (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

The norm of monogamy is pervasive, having remained widespread, in most Western cultures at least, in spite of increasing tolerance toward more diverse relationship types. It is also puzzling. People willingly, and often with gusto, adhere to it, yet it is also, prima facie at least, highly restrictive. Being in a monogamous relationship means agreeing to give up certain sorts of valuable interactions and relationships with other people and to severely restrict one’s opportunities for sex and love. It is this (...) restrictiveness which has led for calls among some philosophers for the justification of the norm, and some have argued that it cannot be justified. John McMurtry, for example, writing in 1972, compared monogamy to private property and argued that it serves the capitalist order (McMurtry 1972, 596–97). More recently, Harry Chalmers (2019) has argued that monogamy is morally impermissible. In this chapter we argue that rather than justify the norm, we ought to explain and understand its pervasiveness. Not everyone who follows the norm is doing so blindly, irrationally, or immorally. Indeed, many people are monogamous because being monogamous supports their needs and best enables them to flourish. We suggest that the human need for trust and attachment could underlie many people’s desires for monogamy and, therefore, explain monogamy’s pervasiveness. Focusing on the human need for trust and attachment security can also help us to understand why sexual infidelity can feel like such a betrayal. It can make sense to mutually agree to exclusivity in relationships, in spite of the apparent restrictions this brings. In a sense, not all restrictions are restrictive, because holding ourselves to limits on our behavior can in fact help us to invest in and experience the things we value most. (shrink)

Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species of gift. Control over trust property passes from the hands of settlors to beneficiaries, from owners to owners. Trust property, like all other property, is silent and passive, its fate determined by its owners. This article questions this understanding of the trust by showing how beneath the facade of ownership, the trust inverts the relation between owner and owned, person (...) and thing. It analyses the relation that trustees, beneficiaries and settlors have to the trust property and argues that the role of each of these parties can be shown to consist in furthering the interests of the trust property rather than their own. It claims that this protects things from their owners at the same time as it ensures these owners’ ongoing care towards the things they own. This raises questions about the trust’s status within the institution of private property, justified as it is by the human autonomy it is said to enable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.1 (2002) 207-215 [Access article in PDF] Notes and Fragments Poetics of Sentimentality Rick Anthony Furtak IN HIS MAJOR WORK, The Passions, Robert Solomon argues that emotions are judgments. 1 Through a series of persuasive examples, he shows that emotions are best understood as mental states which involve certain beliefs about the world. This means that every emotion has an object: if I am angry at (...) John for stealing my car, the object of my anger is the fact (or what I take to be a fact) that my car has been stolen by John. If I find out that this is not the case, that my car has not even left the garage, then my anger should vanish along with its justification. 2 The key point here is that anger, like any other emotion, may be reasonable or inappropriate depending on the situation. If there is nothing to be angry about, then it would be irrational for me to cultivate anger simply because I enjoy having this particular emotion. In general, emotional responses are cognitively flawed whenever they are at odds with the properties of their objects. If we want our judgments to be realistic and not delusional, then we must avoid this kind of error.It is curious, then, that Solomon has written an essay in which he categorically declares that "there is nothing wrong with sentimentality." 3 For it would appear that his theory of emotion provides precisely the terms needed in order to specify what is wrong with it. If emotions are judgments, then "sentimentality" ought to be an important critical term to designate the habit of having emotions that involve either impaired or mistaken judgment. Nevertheless, Solomon is willing to defend any and every episode of tender emotion, of the kind associated with the [End Page 207] death of Little Nell in The Old Curiosity Shop (S, p. 240). He suggests that the more we can muster up this sort of response to literature or life, the better. What he seeks to encourage, in other words, is what Hume would call "delicacy" of (aesthetic) taste and of (ethical) passion. 4 But while Hume acknowledges that sensitivity to beauty and to ugliness are two sides of the same coin, such that anyone who is susceptible to lively enjoyments is also liable to undergo pungent sorrows, Solomon wants to promote only the tender aspect of emotion.On the principle of passionate maximization, it is good if I can be tenderly affected by a poem—any poem! The problem with such crass emotion-stoking is that it precludes the possibility of distinguishing between, for instance, the two stanzas below. Both are by Wilfred Owen: the first was written in 1914 and the second in 1918. 5 I O meet it is and passing sweet To live in peace with others, But sweeter still and far more meet To die in war for brothers. II Bent double, like old beggars under sacks, Knock-kneed, coughing like hags, we cursed through sludge, Till on the haunting flares we turned our backs And towards our distant rest began to trudge. Men marched asleep. Many had lost their boots But limped on, blood-shod. All went lame; all blind; Drunk with fatigue; deaf even to the hoots Of tired, outstripped Five-Nines that dropped behind. Only if emotions did not involve rational judgment could a person's passionate response to these two stanzas be a matter of indifference. But it seems that, on the contrary, an essential component of understanding them is recognizing that they express irreconcilable cognitive attitudes. The tone of the 1918 stanza is strikingly different from that of the earlier one, even though they share roughly the same topic. The latter stanza is stark and ominous, and filled with vivid detail; the one from 1914 is sweet and vague. Clearly, we might describe the earlier of the two as "sentimental"—the question is, what kind of judgment does [End Page 208] it involve? I suggest that its insipid jingles endorse the view that war is a delightful opportunity to nurture brotherhood and gain... (shrink)

Hume built his philosophical system with the ambition to become a Newton of human nature. His science of man is the fulfillment of this project. Hume was inspired by the Newtonian experimental empirical method excluding hypotheses, and he applied this method to moral sciences; he took those to be the basis of all other knowledge. The observation of human cognitive faculties, however, brought him to sceptical conclusions concerning the rational justification of empirical sciences. His original ambitions are thus undermined (...) and his scepticism leads to the loss of legitimacy of natural science. The core of Hume's science of man is twofold - it consists in the analysis of mind and of human social behaviour. Hume contributed to the development of psychology and helped to form social sciences as a specific research area. Following his empirical method based on observation, his science of man has rather a documentary role than any normative features. (shrink)

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims (...) to capitalist economies. There are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

Vallentyne 2010 and Zwolinski 2008 are internet encyclopaedia articles on “libertarianism” which include various serious faults. Vallentyne 2010 has the following ones. It does not properly explain mainstream libertarianism or consider criticisms of it. Instead, it mainly discusses self-ownership and natural-resource egalitarianism. Every aspect of the alleged “strict sense” of “libertarianism” is dubi ous, at best. So- called “left - libertarianism” is not made sense of as any kind of liberty-based libertarianism. Problems arise because self-ownership is assumed to be libertarian (...) without an explicit theory of libertarian liberty. The replies to “five impor tant objections to full self- ownership” are confused and mistaken; both as regards philosophical analysis and as regards empirical assumptions. The long discussion about various ways to “Appropriate Natural Resources” is rendered muddled and barren by the lack of a clear libertarian theory of liberty, the mere presumption of some form of egalitarianism, and the inclusion of various non-libertarian criteria. The remaining sections are largely uninformed by any relevant libertarian literature. It reaches a justificationist conclusion that cites mistaken welfare concerns and ignores the productivity of free markets. Zwolinski 2008 shares some errors with Vallentyne 2010, but also includes the following ones. It is even less clear about what libertarian liberty is. It fails to understand that libertarianism (private-property anarchy and, possibly, minarchy) is a subset of classical liberalism. It asserts that libertarianism is about “the proper role of government.” It assumes (illogical) justificationist/foundationalist epistemology and does not mention critical-rationalist libertarianism. It eventually faults justificationism and unwittingly assumes something approaching critical rationalism. Finally, it embraces John Rawls’s “overlapping consensus” as a “justification” (i.e., defence) of libertarianism oblivious to the similar position in Lester 1996 and 2000. (shrink)