This paper offers a brief account of Finnis' Natural Law Legal Theory (NLLT), primarily as it is presented in Natural Law and Natural Rights, and then defends Finnis' NLLT against the recent legal positivist criticism made by Matthew H. Kramer.

One important element in Lonergan’s philosophical work is the attempt to demonstrate the essential continuity between Aristotle’s thought and the explanatory viewpoint of modern science. Among other things, this attempt is meant to serve a two-fold purpose: first of all, to defend both Aristotle’s intellectualist metaphysics and the explanatory aspirations of modern science over against the caricatured representations of each which grew out of the Renaissance debate between the Aristotelians and the proponents of modern science; and secondly, to demonstrate the (...) intrinsic limitations of modern scientific humanism in much the same way that Aquinas tried to demonstrate the essential incompleteness of Aristotle’s non-Christian world view. Now Gadamer would not deny that there is an essential continuity in thought from Aristotle to modern science; in fact, he explicitly affirms such a continuity. And like Lonergan, Gadamer insists that modern science must play a legitimate, though restricted, role within contemporary culture. Given these and other important similarities between Gadamer and Lonergan, it may be difficult to see just where the grounds for possible disagreement lie. As a result, Gadamer’s reservations concerning Lonergan’s philosophical project may appear to be somewhat puzzling. In what follows, I shall try to shed light on some of the reasons for Gadamer’s reservations. (shrink)

According to Immanuel Kant’s well-known account of his own intellectual development, it was the skeptic David Hume who roused him from his dogmatic slumber. According to some popular accounts of post-Kantian philosophy, it was the soporific speculation of the idealists that quickly returned German philosophy to the Procrustean bed of unverifiable metaphysics, where it dogmatically slept for half of the nineteenth century. This popular picture of post-Kantian German philosophy receives some apparent support from the relevant evidence. After all, Kant had (...) allegedly demonstrated the illegitimacy of all metaphysical speculation that transcends the bounds of experience, and the writings of the German idealists - filled as they are with references to what is putatively “absolute” and “unconditioned” - seem to violate Kant’s strictures. In place of this popular conception, I seek to sketch out a rather difference picture of German idealism. The development of post-Kantian German idealism is best described, not as a turning away from skepticism, but rather as a radicalization of it. The radicalization of skepticism from Kant through Fichte to Hegel, however, does not lead away from systematic philosophy. The movement of thought from Kant to Hegel coincides with the gradual realization that skeptical thought is not external to systematic philosophy, but is in fact internal to, or even identical with it. This thesis concerning the progressive “radicalization” or “internalization” of skepticism in German idealism receives some prima facie support form the relevant writings of Kant, Fichte, and Hegel. (shrink)

In his 2009 encyclical letter Caritas in Veritate, Pope Benedict XVI calls for a deeper, theological and metaphysical evaluation of the category of “relation” to achieve a proper understanding of the human being’s “transcendent dignity.” For some contemporary thinkers, this position might seem to be hopelessly paradoxical or even incoherent. After all, many contemporary thinkers are apt to believe that the human creature can have “transcendent dignity” only if the being and goodness of the human creature is not conditioned by (...) or dependent upon any relation or relatedness to anything else, including the natural environment. This chapter seeks to show that apparent paradoxes in Benedict XVI’s statement will begin to disappear if one resists the rather understandable temptation to interpret his thought by relying on presuppositions borrowed from contemporary ethical theories. More specifically, this chapter aims to show that Benedict XVI’s teachings— embedded as they are within a rich tradition of Catholic “natural law” thinking—are importantly distinguishable from contemporary utilitarian and deontological views. Furthermore, this chapter seeks to demonstrate that Benedict XVI’s “natural law” account offers an intellectually defensible alternative to contemporary modes of environmental thinking. (shrink)

One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce attack. One common line of attack is illustrated by (...) the arguments of some utilitarians, for whom "natural law thinking" is mistaken insofar as it implies that there is an absolute moral prohibition against violating any human being's "natural rights." Even if there is such a thing as "natural rights," these utilitarians argue, such rights - including even the natural "right to life" - are necessarily relational, and thus have meaning only within the context of a larger social whole. As a result, the argument goes, the supposed "natural rights" possessed by individual human beings are never inviolable or unconditional, but instead always negotiable and subject to being "traded away" for the sake of greater social utility. Consider just one alleged counter-example to the notion that there are inviolable or unconditional "natural rights": it is well-known that approximately 36,000 people in the United States die every year as a result of influenza infections or influenza-related complications.' There is little doubt that hundreds, and probably even thousands, of human lives would be saved every year if local governments were to pass laws requiring flu vaccinations for all members of at-risk populations (e.g., the very young and the very elderly). It would seem that there would be broad support for mandated flu vaccinations- no matter what the expense - if human lives would be saved and if the natural "right to life" is inviolable or unconditional.' And yet no such life-saving laws exist, apparently because citizens and legislators believe that the social costs and inconveniences would be too great. According to the utilitarian position, this demonstrates - contrary to what Ronald Dworkin and others say about rights' - that rights do not trump utility, but in fact are quite regularly and reasonably trumped by utility. In light of such contemporary understandings and policies, can natural law thinking about natural rights be made credible? In what follows, I shall argue that utilitarian thinkers are correct to hold that rights are intrinsically relational; but they are wrong to conclude that the relational character of rights entails that "natural rights" are not inviolable or not unconditional. (shrink)

The so-called problem of arguing “from what is to what ought to be” was popularized by G.E. Moore in Principia Ethica (1903), and has received much attention from modern philosophers. I would like to argue that this apparent problem rests on a false dichotomy between our knowing and our doing.

In this paper, I offer an immanent critique of John Rawls’s theory of justice which seeks to show that Rawls’s understanding of his theory of justice as criteriological and contractarian is ultimately incompatible with his claim that the theory is grounded on the primacy of the practical. I agree with Michael Sandel’s observation that the Rawlsian theory of justice rests on substantive metaphysical and epistemological claims, in spite of Rawls’s assurances to the contrary. But while Sandel argues for even more (...) substantive metaphysical and epistemological commitments, I argue in the opposite direction. Following J. G. Fichte, I argue for a normative theory of society, not based on some particular notion of the good or on some contentious account of what all reasonable persons would agree to, but based only on the radical primacy of the practical, that is, based only on the seemingly empty premise that free beings - precisely because they are free - cannot be imagined in advance as all agreeing to any particular thing at all. (shrink)

Twentieth-century Canadian philosopher Bernard J. F. Lonergan and nineteenth-century German philosopher G. W. F. Hegel regarded themselves as Aristotelian thinkers. As Aristotelians, both affirmed that human knowing is essentially a matter of knowing by identity: in the act of knowing, the knower and the known are formally identical. In spite of their common Aristotelian background and their common commitment to the idea that human knowing is knowing by identity, Lonergan and Hegel also differed on a number of crucial points. This (...) essay discusses some key similarities and differences between Lonergan and Hegel on the issue knowing, in the hope that such a discussion might uncover a few possible avenues for further philosophical dialogue about these two important thinkers. (shrink)

Alasdair MacIntyre has argued that our contemporary discourse about “rights,” and “natural rights” or “human rights,” is alien to the thought of Aristotleand Aquinas. His worry, it seems, is that our contemporary language of rights is often taken to imply that individuals may possess certain entitlement-conferringproperties or powers (typically called “rights”) entirely in isolation from other individuals, and outside the context of any community or common good. In thispaper, I accept MacIntyre’s worries about our contemporary language of “rights”; however, I (...) seek to show that some of our contemporary language or discourseabout “justice” and “rights” is not altogether misguided, but does—in fact—reflect a properly critical (Aristotelian-Thomistic) understanding of what is meant by“justice” and “rights.”. (shrink)

First, this article considers some similarities between Adorno and Heidegger concerning the role of art in the modern world. Next, the article outlines some crucial differences; for example, Adorno regards all thought (including that which gives rise to art) as intrinsically dominative, while Heidegger holds that even dominative, objectifying thought presupposes a kind of thought that is not dominative or objectifying. An articulation of these differences helps to illuminate the ways in which the ideas of both Adorno and Heidegger are (...) limited (though in different ways). Finally, the article suggests that these limitations are overcome in the thought of Hegel. (shrink)

When it comes to understanding the genesis and development of Heidegger’s thought, it would be rather difficult to overestimate the importance of the “Aristotle-Introduction” of 1922, Heidegger’s “Phenomenological Interpretations with Respect to Aristotle.” This text is both a manifesto which describes the young Heidegger’s philosophical commitments, as well as a promissory note which outlines his projected future work. This Aristotle-Introduction not only enunciates Heidegger’s broad project of a philosophy which is both systematic and historical; it also indicates, in particular, why (...) a principal (or fundamental) ontology can be actualized only through a destruction of the history of ontology. This text anticipates several central themes of Being and Time (e.g., facticity, death, falling), and also foreshadows some of the issues which were to occupy the later Heidegger (e.g., “truth” as a heterogenous process of unconcealment). There is no doubt that much can – and will – be written on the meaning and implications of this important text. But instead of making my own, early contribution to such a secondary literature, I have decided to limit myself in this “Preface” to a few brief remarks concerning the historical background to Heidegger’s “Phenomenological Interpretations with Respect to Aristotle.”. (shrink)

Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...) a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question. (shrink)

This study aims to investigate the relationship between job burnout and employee performance in the feed industry during the ASF outbreak. Further, the researchers employed a descriptive-correlational research design in order to analyze the acquired data and produce pertinent findings. Thus, the researchers gathered data from one hundred two (102) feed industry employees. The Maslach Burnout Inventory (MBI) and Individual Work Performance Questionnaire (IWPQ) were employed to ascertain the extent of job burnout experienced by the respondents and evaluate employee performance, (...) respectively. Based on the statistical analysis, there is a significant relationship between job burnout and employee performance. Moreover, the study's findings were thoroughly analyzed and discussed. (shrink)

One of the defining characteristics of Kant’s “critical philosophy” is what has been called the “critique of immediacy” or the rejection of the “myth of the given.” According to the Kantian position, no object can count as an object for a human knower apart from the knower’s own activity or spontaneity. That is, no object can count as an object for a human knower on the basis of the object’s givenness alone. But this gives rise to a problem: how is (...) it possible to accept the Kantian critique of immediacy while also giving an epistemologically adequate account of the constrained or finite character of human knowing (i.e., an account that does not rely on some appeal to what is simply “given”)? This paper examines how this crucial question is addressed (with more or less success) in the “critical philosophies” of Kant, Lonergan, and Fichte. (shrink)

In this paper, we locate a general rhetorical strategy employed in theoretical discourse wherein philosophers argue from the mere existence of internalized oppression to some kind of epistemic, moral, political, or cognitive deficiency of oppressed people. We argue that this strategy has harmful consequences for oppressed people, breaking down our analysis in terms of individual and structural harms within both epistemic and moral domains. These harms include attempting to undermine the self-trust of oppressed people, reinforcing unjust epistemic power hierarchies, undermining (...) the moral agency of oppressed people, and obscuring real issues of oppression. In light of these many harms, we conclude that there are pro tanto reasons not to employ this strategy, and instead offer a series of suggestions for those considering adopting such a rhetorical move. (shrink)

Garrath Williams claims that truly responsible people must possess a “capacity … to respond [appropriately] to normative demands” (2008:462). However, there are people whom we would normally praise for their responsibility despite the fact that they do not yet possess such a capacity (e.g. consistently well-behaved young children), and others who have such capacity but who are still patently irresponsible (e.g. some badly-behaved adults). Thus, I argue that to qualify for the accolade “a responsible person” one need not possess such (...) a capacity, but only to be earnestly willing to do the right thing and to have a history that testifies to this willingness. Although we may have good reasons to prefer to have such a capacity ourselves, and to associate ourselves with others who have it, at a conceptual level I do not think that such considerations support the claim that having this capacity is a necessary condition of being a responsible person in the virtue sense. (shrink)

The purpose of the present essay is to explicate the basic movement which the Understanding exercises upon itself at the end of the chapter on “Force and the Understanding” in Hegel’s Phenomenology of Spirit. Unlike many other commentators on the Phenomenology, I hope to show how Hegel’s argumentation in this chapter applies not merely to the Newtonian paradigm (to which Hegel makes explicit reference), but to any paradigm which involves the objectivistic presuppositions of the Understanding.

The thought of Martin Heidegger has been influential in postmodernist discussions concerning the “death of the subject” and the “deconstruction” of the metaphysics of presence. In this paper, I shall examine Heidegger’s understanding of Dasein in terms of care and temporality, and his corresponding critique of the metaphysics of presence, especially as this critique applies to one’s understanding of the human knower. I shall then seek to determine whether Aquinas’s thought concerning the human knower falls prey to Heideggerian critique. My (...) purpose in elucidating the Heideggerian and Thomistic conceptions of the human discloser is to begin opening up some possible spaces for further dialogue between students of these two thinkers. (shrink)

This paper examines how people think about aiding others in a way that can inform both theory and practice. It uses data gathered from Kiva, an online, non-profit organization that allows individuals to aid other individuals around the world, to isolate intuitions that people find broadly compelling. The central result of the paper is that people seem to give more priority to aiding those in greater need, at least below some threshold. That is, the data strongly suggest incorporating both a (...) threshold and a prioritarian principle into the analysis of what principles for aid distribution people accept. This conclusion should be of broad interest to aid practitioners and policy makers. It may also provide important information for political philosophers interested in building, justifying, and criticizing theories about meeting needs using empirical evidence. (shrink)

Aquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of parts to parts and parts to wholes. Aquinas argued that 'all who are included in a community stand in relation to that community as parts to a whole', and 'every individual person is compared to the whole community as part to whole'. Aquinas held that the perfection of wholes through (...) the proper ordering of their parts does not entail the elimination of diversity, but in many cases requires diversity. Aquinas argued that there are two ways of ordering parts within a whole. Firstly, the parts are ordered with respect to one another, and secondly, the parts are ordered toward an end. The ordering of a whole's parts to one another is always for the sake of the ordering of the whole to its extrinsic end. Aquinas argued that the good toward which the law directs a community is called the 'common good' of that community. The common good or common end toward which members of a community are ordered can be the sort of end that the agents bring into existence through their own actions such as justice within a community, or the sort of end that can exist apart from the actions of the agents. (shrink)

On September 11, 2001, Americans were painfully reminded of a truth that for years had been easy to overlook, namely, that terrorism can affect every person in the world – regardless of location, nationality, political conviction, or occupation – and that, in principle, nobody is beyond terrorism’s reach. However, our renewed awareness of the ubiquity of the terrorist threat has been accompanied by wide disagreement and confusion about the moral status of terrorism and how terrorism ought to be confronted. Much (...) of the disagreement and confusion, I contend, is rooted in an inadequate understanding of just what it is that constitutes terrorism. In this paper, I offer the beginnings of a response to the challenge of terrorism by providing an account of what terrorism is and of some of the philosophical issues involved. My account is divided into two sections. In the first section I examine some of the difficulties involved in defining terrorism, and show that some of the most common “ordinary” understandings of terrorism are inadequate. In the second section I offer a working definition of terrorism that overcomes many of the difficulties outlined in the first section. I argue that terrorism consists in the use of “systematically unsystematic” violence (whether directed at combatants or noncombatants), and that the random or indiscriminate character of terroristic violence points us in the direction of seeing what is distinctively wrong with it. The fundamental problem is that terrorism is not committed to any rules of armed conflict or any principles that would facilitate the eventual containment or termination of the conflict. (shrink)

Luck egalitarians think that considerations of responsibility can excuse departures from strict equality. However critics argue that allowing responsibility to play this role has objectionably harsh consequences. Luck egalitarians usually respond either by explaining why that harshness is not excessive, or by identifying allegedly legitimate exclusions from the default responsibility-tracking rule to tone down that harshness. And in response, critics respectively deny that this harshness is not excessive, or they argue that those exclusions would be ineffective or lacking in justification. (...) Rather than taking sides, after criticizing both positions I also argue that this way of carrying on the debate – i.e. as a debate about whether the harsh demands of responsibility outweigh other considerations, and about whether exclusions to responsibility-tracking would be effective and/or justified – is deeply problematic. On my account, the demands of responsibility do not – in fact, they can not – conflict with the demands of other normative considerations, because responsibility only provides a formal structure within which those other considerations determine how people may be treated, but it does not generate its own practical demands. (shrink)

Fred Adams and collaborators advocate a view on which empty-name sentences semantically encode incomplete propositions, but which can be used to conversationally implicate descriptive propositions. This account has come under criticism recently from Marga Reimer and Anthony Everett. Reimer correctly observes that their account does not pass a natural test for conversational implicatures, namely, that an explanation of our intuitions in terms of implicature should be such that we upon hearing it recognize it to be roughly correct. Everett argues that (...) the implicature view provides an explanation of only some of our intuitions, and is in fact incompatible with others, especially those concerning the modal profile of sentences containing empty names. I offer a pragmatist treatment of empty names based upon the recognition that the Gricean distinction between what is said and what is implicated is not exhaustive, and argue that such a solution avoids both Everett's and Reimer's criticisms. (shrink)

In this clearly written, highly readable book, Klein offers an extended critique of "feminist philosophy," or the position which holds that "traditional science, philosophy of science, and epistemology ought to be abandoned and that feminist science, philosophy of science, and epistemology ought to be put in its place".

In this paper I argue that Beall and Restall's claim that there is one true logic of metaphysical modality is incompatible with the formulation of logical pluralism that they give. I investigate various ways of reconciling their pluralism with this claim, but conclude that none of the options can be made to work.

It has become standard for feminist philosophers of language to analyze Catherine MacKinnon's claim in terms of speech act theory. Backed by the Austinian observation that speech can do things and the legal claim that pornography is speech, the claim is that the speech acts performed by means of pornography silence women. This turns upon the notion of illocutionary silencing, or disablement. In this paper I observe that the focus by feminist philosophers of language on the failure to achieve uptake (...) for illocutionary acts serves to group together different kinds of illocutionary silencing which function in very different ways. (shrink)

Michael Baur, "Situating Hegel: From Transcendental Philosophy to a Phenomenology of Spirit," in the Palgrave Hegel Handbook, edited by Marian Bykova and Kenneth Westphal (New York, NY: Palgrave Macmillan, 2020).

This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that tort (...) law’s compensatory decisions provide a legitimate norm against which no-fault’s decisions can be compared and criticized – doing so leads in a direction which is at odds with accident law reform advocates’ typical recommendations. On my account, accident law should not just be reformed in line with no-fault’s principles, but rather it should be completely abandoned since the principles that protect no- fault systems from the conservatives’ two allegations are incompatible with retaining the category of accident law, they entail that no-fault systems are a form of social welfare and not accident law systems, and that under these systems serious deprivation – and to a lesser extent causal responsibility – should be conditions of eligibility to claim benefits. (shrink)

By way of engagement with the thought of Plato, Aristotle, Aquinas, Heidegger, Lonergan, and neo-Thomism more broadly, Michael Baur and Gadamer discuss historicity, the Enlightenment and scientism, the epistemic implications of hylomorphism, and the nature of human finitude and death.

Self-esteem can influence educational success, and educational success can also be influenced by self-esteem. Hence, high self-esteem has been recognized as a key predictor of academic success in students. Thus, this study investigates the relationship between self-esteem and anxiety of senior high school students. Employing descriptive-correlational design with 194 senior high school students enrolled in private schools during the school year 2021-2022. Based on the statistical analysis, there is a correlation between self-esteem and anxiety (r.=.125).

Egalitarians must address two questions: i. What should there be an equality of, which concerns the currency of the ‘equalisandum’; and ii. How should this thing be allocated to achieve the so-called equal distribution? A plausible initial composite answer to these two questions is that resources should be allocated in accordance with choice, because this way the resulting distribution of the said equalisandum will ‘track responsibility’ — responsibility will be tracked in the sense that only we will be responsible for (...) the resources that are available to us, since our allocation of resources will be a consequence of our own choices. But the effects of actual choices should not be preserved until the prior effects of luck in constitution and circumstance are first eliminated. For instance, people can choose badly because their choice-making capacity was compromised due to a lack of intelligence (i.e. due to constitutional bad luck), or because only bad options were open to them (i.e. due to circumstantial bad luck), and under such conditions we are not responsible for our choices. So perhaps a better composite answer to our two questions (from the perspective of tracking responsibility) might be that resources should be allocated so as to reflect people’s choices, but only once those choices have been corrected for the distorting effects of constitutional and circumstantial luck, and on this account choice preservation and luck elimination are two complementary aims of the egalitarian ideal. Nevertheless, it is one thing to say that luck’s effects should be eliminated, but quite another to figure out just how much resource redistribution would be required to achieve this outcome, and so it was precisely for this purpose that in 1981 Ronald Dworkin developed the ingenuous hypothetical insurance market argumentative device (HIMAD), which he then used in conjunction with the talent slavery (TS) argument, to arrive at an estimate of the amount of redistribution that would be required to reduce the extent of luck’s effects. However recently Daniel Markovits has cast doubt over Dworkin’s estimates of the amount of redistribution that would be required, by pointing out flaws with his understanding of how the hypothetical insurance market would function. Nevertheless, Markovits patched it up and he used this patched-up version of Dworkin’s HIMAD together with his own version of the TS argument to reach his own conservative estimate of how much redistribution there ought to be in an egalitarian society. Notably though, on Markovits’ account once the HIMAD is patched-up and properly understood, the TS argument will also allegedly show that the two aims of egalitarianism are not necessarily complementary, but rather that they can actually compete with one another. According to his own ‘equal-agent’ egalitarian theory, the aim of choice preservation is more important than the aim of luck elimination, and so he alleges that when the latter aim comes into conflict with the former aim then the latter will need to be sacrificed to ensure that people are not subordinated to one another as agents. I believe that Markovits’ critique of Dworkin is spot on, but I also think that his own positive thesis — and hence his conclusion about how much redistribution there ought to be in an egalitarian society — is flawed. Hence, this paper will begin in Section I by explaining how Dworkin uses the HIMAD and his TS argument to estimate the amount of redistribution that there ought to be in an egalitarian society — this section will be largely expository in content. Markovits’ critique of Dworkin will then be outlined in Section II, as will be his own positive thesis. My critique of Markovits, and my own positive thesis, will then make a fleeting appearance in Section III. Finally, I will conclude by rejecting both Dworkin’s and Markovits’ estimates of the amount of redistribution that there ought to be in an egalitarian society, and by reaffirming the responsibility-tracking egalitarian claim that choice preservation and luck elimination are complementary and not competing egalitarian aims. (shrink)

Third-party property insurance (TPPI) protects insured drivers who accidentally damage an expensive car from the threat of financial ruin. Perhaps more importantly though, TPPI also protects the victims whose losses might otherwise go uncompensated. Ought responsible drivers therefore take out TPPI? This paper begins by enumerating some reasons for why a rational person might believe that they have a moral obligation to take out TPPI. It will be argued that if what is at stake in taking responsibility is the ability (...) to compensate our possible future victims for their losses, then it might initially seem that most people should be thankful for the availability of relatively inexpensive TPPI because without it they may not have sufficient funds to do the right thing and compensate their victims in the event of an accident. But is the ability to compensate one's victims really what is at stake in taking responsibility? The second part of this paper will critically examine the arguments for the above position, and it will argue that these arguments do not support the conclusion that injurers should compensate their victims for their losses, and hence that drivers need not take out TPPI in order to be responsible. Further still, even if these arguments did support the conclusion that injurers should compensate their victims for their losses, then (perhaps surprisingly) nobody should to be allowed to take out TPPI because doing so would frustrate justice. (shrink)

Marx’s theory of historical materialism seeks to explain human history and development on the basis of the material conditions underlying all human existence. For Marx, the most important of all human activities is the activity of production by means of labor. With his focus on production through labor, Marx argues that it is possible to provide a materialistic explanation of how human beings not only transform the world (by applying the “forces of production” to it) but also transform themselves in (...) transforming the world (by entering into “relations of production” with one another). For Marx, the productive labor of human beings – and the resulting interplay between the forces and relations of production – function together as the engine which drives all historical change and development. By understanding how the productive activities of human beings give rise to the division of labor and class conflict, it becomes possible, according to Marx, to understand how different historical epochs succeed one another, and how the trajectory of human history points towards a communist society within which the division of labor and class conflict will be abolished. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

What constitutes illocutionary silencing? This is the key question underlying much recent work on Catherine MacKinnon's claim that pornography silences women. In what follows I argue that the focus of the literature on the notion of audience `uptake' serves to mischaracterize the phenomena. I defend a broader interpretation of what it means for an illocutionary act to succeed, and show how this broader interpretation provides a better characterization of the kinds of silencing experienced by women.

Johann Joachim Winckelmann (1717–68) was not a philosopher. In fact, Winckelmann had a strong interest in distancing himself from academic philosophy as he knew it. As Goethe reports, Winckelmann “complained bitterly about the philosophers of his time and about their extensive influence.” Still less was Winckelmann a Kantian philosopher; the first edition of Immanuel Kant’s Critique of Pure Reason did not appear until 1781, thirteen years after the fifty-year-old Winckelmann was shockingly murdered in Trieste. Nevertheless, many of Winckelmann’s ideas were (...) philosophically rich and suggestive and interestingly relevant to the philosophical problems that were later to be addressed by Kant and his philosophical contemporaries. It is no wonder, then, that Winckelmann’s influence can be detected in the works of some of the most important philosophically oriented thinkers of Germany in the late eighteenth and early nineteenth centuries. In addition to Kant himself, these thinkers included Gotthold Ephraim Lessing (1729–81), Johann Gottfried von Herder (1744–1803), Johann Wolfgang von Goethe (1749–1832), Friedrich Schiller (1759–1805), Friedrich Hölderlin (1770–1843), Friedrich Wilhelm Joseph Schelling (1775–1854), and Georg Wilhelm Friedrich Hegel (1770–1831). (shrink)

This chapter contains sections titled: Kant's Anti‐Cartesianism Kant on the Highest Good and the Practical Necessity of Belief in God's Existence The Moral Proof at the Tübinger Stift and Its Fate Self‐Positing and the “Only True and Thinkable Creation out of Nothing” The Way to Absolute Knowing in Hegel's Phenomenology.

Kant’s “transcendental” or “critical” philosophy is an instance of what can be called the “critique of immediacy.” As part of his critical project, Kant argues that one cannot merely assume that there is a reestablished harmony between thought and being. Instead, one must effect a “return to the subject” and examine the forms of thought themselves, in order to determine the extent to which thought and being are commensurable. As a result of his “transcendental turn,” Kant concludes that what at (...) first appears as immediately given to thought is always already (at least partly) the result of some kind of activity or mediation on the part of the thought itself. Hegel approves of Kant’s critical orientation: Kant correctly demanded to know “how far the forms of thought were capable of leading to the knowledge of truth,” and correctly concluded that “the forms of thought must be made into an object of investigation.” However, for Hegel, the problem with Kant was that he aimed to examine the forms of thought as if they were necessarily separated from being itself. Thus the Kantian strategy, for Hegel, led to a twofold absurdly. (shrink)

According to some critics, the putative superficiality of Winckelmann's appropriation of the Greek legacy is just one instance of the emptiness that characterizes the appropriation of the Greeks by the Germans in general. Thus Eliza Maria Butler has spoken of the 'tyranny of Greece over Germany': 'If the Greeks are tyrants, the Germans are predestined slaves ... The Germans have imitated the Greeks more slavishly; they have been obsessed by them more utterly, and they have assimilated them less than any (...) other race.” Not coincidentally, the putative freedom or unfreedom of one's appropriation of the Greek ideal is one of the basic problems at issue in this chapter. In the following pages, I argue that Winckelmann not only understood this basic problem but also touched on its actual solution, albeit in an inadequate, aesthetic manner. I go on to suggest that Hegel articulated this solution in an adequate and properly philosophical manner. (shrink)

More than thirty-five years after its first release in 1971, Don McLean’s “American Pie” still resonates deeply with music listeners and consumers of popular culture. In a 2001 public poll sponsored by the National Endowment for the Arts and the Recording Industry Association of America, McLean’s eight-and-a-half-minute masterpiece was ranked number 5 among the 365 “most memorable” songs of the twentieth century. In 2002, the song was voted into the Grammy Hall of Fame. In 1997, Garth brooks performed “American Pie” (...) at a concert in Central Park, and in 2000, pop icon Madonna performed her own version of “American Pie” on the soundtrack of her movie The Next Best Thing. In 1999, American Pie became the title of a popular – and irreverently comical – coming-of-age movie starring Jason Biggs (the movie American Pie was followed by American Pie 2 in 2001, American Wedding in 2003, and American Pie Present – Band Camp in 2005). Like the movie to which it lent its name, the song “American Pie” presents a coming-of-age narrative; and, also like the movie, the song appealed strongly and immediately to its contemporary audience. Three months after its release in November of 1971, the song reached the number one slot on the charts in January of 1972, and it remained in the Top 40 for a total of seventeen weeks (longer than any other single during the year of 1972). Unlike the movie, however, the song “American Pie” is highly nuanced and sophisticated, containing multiple allusions and layers of meaning which challenge and heighten our understanding of rock ’n’ roll music and the possibility of self-reflection and self-critique in popular culture. (shrink)

In his paper, "Free Choice, Incommensurable Goods and the Self-Refutation of Determinism,"' Joseph Boyle seeks to show how the argument for the self-refutation of determinism - first articulated over twenty-five years ago - is an argument whose force depends on (first) a proper understanding of just what free choice is, and (secondly) a proper understanding of how free choice is a principle of moral responsibility. According to Boyle, a person can make a genuinely free choice only if he is presented (...) with alternative options that are incommensurable in their goodness or desirability. If the goodness or desirability of alternative options could be commensurated, or compared in accordance with some common standard, then it would be possible in principle for a person to determine which of the two options offered more, and which offered less, of the same sort of good represented by the two options. But if this sort of commensuration or comparison were possible, according to Boyle, then there would really be no need to choose. Rather, the only task that would have to be performed in order to determine the person's selection among alternative options would be the task clarifying or calculating which of the alternative options offered most fully what it is that makes both options desirable in the first place. Once the clarification or calculation is done, there would be no need-and in fact, no possibility--of really choosing: the calculation alone would settle which option is the best option, and thus which option is to be selected. Now if genuinely free choice requires that the choosing person be presented with options that are incommensurable in goodness or desirability, then it also seems to be the case that genuine choice-and the moral responsibility that goes along with it-requires that the person be presented with alternative possibilities from which to choose. And yet some compatibilist thinkers have held that moral responsibility does not really require the presence of alternative possibilities. In particular, Harry G. Frankfurt has sought to show (by means of counter-example) that a person can be a moral agent and morally responsible, even if the person did not, in fact, have any alternative possibilities available to him (that is, even if the person could not have done otherwise). Frankfurt's counter-example offers a direct challenge to the sort of incompatibilism that Boyle seeks to defend; and so Boyle is quite right to address Frankfurt head-on. For if Frankfurt is right, then it is erroneous to hold "the principle of alternative possibilities" (the principle that a person can be morally responsible for what he has done, only if he had alternative possibilities, or only if he could have done otherwise). But if it is erroneous to hold the principle of alternative possibilities, then it also seems erroneous to hold the more robust position that Boyle wishes to defend: namely, the position that moral responsibility requires not only alternative possibilities, but also alternative possibilities representing options that are incommensurable in their goodness. (shrink)

The thought of G. W. F. Hegel (1770 -1831) has had a deep and lasting influence on a wide range of philosophical, political, religious, aesthetic, cultural and scientific movements. But, despite the far-reaching importance of Hegel's thought, there is often a great deal of confusion about what he actually said or believed. G. W. F. Hegel: Key Concepts provides an accessible introduction to both Hegel's thought and Hegel-inspired philosophy in general, demonstrating how his concepts were understood, adopted and critically transformed (...) by later thinkers. The first section of the book covers the principal philosophical themes in Hegel's system: epistemology, metaphysics, philosophy of mind, ethical theory, political philosophy, philosophy of nature, philosophy of art, philosophy of religion, philosophy of history and theory of the history of philosophy. The second section covers the main post-Hegelian movements in philosophy: Marxism, existentialism, pragmatism, analytic philosophy, hermeneutics and French poststructuralism. The breadth and depth of G. W. F. Hegel: Key Concepts makes it an invaluable introduction for philosophical beginners and a useful reference source for more advanced scholars and researchers. (shrink)

In the modern period, the most original and influential theories about law and politics were developed in connection with a set of far-reaching, interrelated questions about the definition of law, the purpose of law, the relationship between law and morality, and the existence of natural law and natural rights. In this entry I summarize the contributions of Charles-Louis de Secondat, Baron de La Brède et de Montesquieu; William Blackstone; Jeremy Bentham; and Immanuel Kant as exemplars of the history of modern (...) thought on law and politics. (shrink)

Hegel’s most abiding aspiration was to be a volkserzieher (an educator of the people) in the tradition of thinkers of Moses Mendelssohn (1729-1786), Gotthold Ephraim Lessing (1729-1781), and Friedrich Schiller (159-1786). No doubt, he was also deeply interested in epistemology and metaphysics, but this interest stemmed at least in part from his belief (which Kant also shared) that human beings could become truly liberated to fulfill their vocations as human beings, only if they were also liberated from the illusions and (...) contradictions that plagued uncritical thinking about self, world, and God. Thus to appreciate Hegel’s work in epistemology and metaphysics, one must first appreciate how he (following Kant) sought to think beyond the “special metaphysics” of self, world, and God as developed by Descartes and other pre-critical philosophers. The aim of this chapter is to analyze aspects of Hegel’s critical appropriation and transformation of Kantian thought, shedding light not only on Hegel’s own understanding of his move beyond Kant, but also on the philosophical reasons that might justify such a move. (shrink)

The Hegelian and the Thomistic accounts of self-knowledge are solidly Aristotelian in their origins and motivations. In their conclusions and consequences, however, the two accounts exhibit significant differences. Hegel argues that genuine self-knowledge is necessarily social and historical, while Aquinas says nothing about history or society in his account of self-knowledge. The aim of this paper is not to decide the issue concerning historicity in favor of either Hegel or Aquinas. The aim here is rather to address a prior question: (...) what are the systematic and philosophical reasons for the difference between the two thinkers? In order to articulate this difference between the two, we might begin by considering an underlying similarity: their common Aristotelian background. (shrink)

As I hope to show in this paper, Fichte’s rejection of traditional social contractarian accounts of human social relations is related to his rejection of the search for a criterion, or external standard, by which we might measure our knowledge in epistemology. More specifically, Fichte’s account of the impossibility of a normative social contract (as traditionally construed) is related to his account of the impossibility of our knowing things as they might be “in themselves,” separate from and independent of our (...) own activity in knowing them. Addressing the question of whether we finite human knowers can ever transcend the limits of our own consciousness, Fichte argues that Hume was not sufficiently critical: “…the Humean system holds open the possibility that we might someday be able to go beyond the boundary of the human mind, whereas the Critical system proves that such progress is absolutely impossible, and it shows that the thought of a thing possessing existence and specific properties in itself and apart from any faculty of representation is a piece of whimsy, a pipe dream, a nonthought.” In a very real sense, then, Fichte aims to “out-Hume” Hume on the question of whether we can ever know “things-in-themselves” or an external criterion for testing our knowledge. That is, Fichte goes beyond Hume and insists on the necessary – and not merely contingent – character of our ignorance of so-called things-in-themselves (i.e., things that supposedly exist antecedent to and independent of our consciousness of them). But unlike Hume, Fichte argues that radical skepticism regarding all possible knowledge of things-in-themselves does not undermine – but actually confirms and sustains – our belief in the emancipatory power of reason. (shrink)