This essay develops a new account of the work the self must perform on itself in disciplinary relations through the cultivation of resources from Foucault’s later work. By tracing the ethical self-relation from Greco-Roman antiquity to the Benedictine monastery, I am able to provide insight into the relationship of self-renunciation that underlies disciplinary docility and obedience. This self-renunciation undermines individuals’ ability to lead themselves and makes them reliant on another who has mastery of the truth through which the subject (...) must be constituted. Disciplinary relations were thus seen to be doubly efficacious in producing relations of domination: they attempt to eliminate the self- leadership of the individual which not only un- dermines the individual’s potential to resist; it leaves them in need of the dominating training that disciplinary relations institute. This insight into the activity of the individual in the produc- tion of their own docility was then used to clarify and develop aspects of two perennially enigmatic but powerful areas of Foucault’s work, his focus on “bodies and pleasures” and his turn to the “aesthetics of existence.”. (shrink)
Contemporary debates on obedience and consent, such as those between Thomas Senor and A. John Simmons, suggest that either political obligation must exist as a concept or there must be natural duty of justice accessible to us through reason. Without one or the other, de facto political institutions would lack the requisite moral framework to engage in legitimate coercion. This essay suggests that both are unnecessary in order to provide a conceptual framework in which obedience to coercive political (...) institutions can be understood. By providing a novel reading of Hobbes’s Leviathan, this article argues that both political obligation and a natural duty to justice are unnecessary to ground the ability of political institutions to engage in legitimate coercion. This essay takes issue with common readings of Hobbes which assume consent is necessary to generate obedience on the part of citizens, and furthermore that political obligation is critical for the success of political institutions. While the failure of the traditional Hobbesian narrative of a consenting individual would seem to suggest the Leviathan is indefensible as a project, this paper argues that the right of war in the state of nature was more central for Hob- bes’s understanding of political institutions than obligation. Furthermore, Hobbes provides an adequate defense of political institutions even if his arguments about consent, obligation and punishment are only rhetorical. In this way Hobbesian law is best understood as a set of practical requirements to avoid war, and not as moral requirements that individuals are bound to comply with. Thus Hobbesian political institutions are not vulnerable to contemporary philosophical anarchist criticisms about political obligation and political institutions as such. To develop this reading, I focus primarily on the Leviathan, including interpretations by Skinner, Kateb, Flathman, and Oakeshott. Ultimately, this argument provides insight into contem- porary political institutions of the state, citizenship, criminality, and the law in a world where political obligation has not been adequately justified. (shrink)
Milgram’s experiments, subjects were induced to inflict what they believed to be electric shocks in obedience to a man in a white coat. This suggests that many of us can be persuaded to torture, and perhaps kill, another person simply on the say-so of an authority figure. But the experiments have been attacked on methodological, moral and methodologico-moral grounds. Patten argues that the subjects probably were not taken in by the charade; Bok argues that lies should not be used (...) in research; and Patten insists that any excuse for Milgram’s conduct can be adapted on behalf of his subjects. (Either he was wrong to conduct the experiments or they do not establish the phenomenon of immoral obedience). We argue a) that the subjects were indeed taken in b) that there are good historical reasons for regarding the experiments as ecologically valid, c) that lies (though usually wrong) were in this case legitimate, d) that there were excuses available to Milgram which were not available to his subjects and e) that even if he was wrong to conduct the experiments this does not mean that he failed to establish immoral obedience. So far from ‘disrespecting’ his subjects, Milgram enhanced their autonomy as rational agents. We concede however that it might (now) be right to prohibit what it was (then) right to do. (shrink)
This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. (...) After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)
By focusing on the exchange between Descartes and Hobbes on how the self is related to its activities, Berkeley draws attention to how he and Hobbes explain the forensic constitution of human subjectivity and moral/political responsibility in terms of passive obedience and conscientious submission to the laws of the sovereign. Formulated as the language of nature or as pronouncements of the supreme political power, those laws identify moral obligations by locating political subjects within those networks of sensible signs. When (...) thus juxtaposed with Hobbes, Berkeley can be understood as endorsing a theologically inflected version of deontological ethics in which moral laws are linked directly to the constitution of the self. (shrink)
Much has been written about the possibility of human trust in robots. In this article we consider a more specific relationship: that of a human follower’s obedience to a social robot who leads through the exercise of referent power and what Weber described as ‘charismatic authority.’ By studying robotic design efforts and literary depictions of robots, we suggest that human beings are striving to create charismatic robot leaders that will either (1) inspire us through their display of superior morality; (...) (2) enthrall us through their possession of superhuman knowledge; or (3) seduce us with their romantic allure. Rejecting a contractarian-individualist approach which presumes that human beings will be able to consciously ‘choose’ particular robot leaders, we build on the phenomenological-social approach to trust in robots to argue that charismatic robot leaders will emerge naturally from our world’s social fabric, without any rational decision on our part. Finally, we argue that the stability of these leader-follower relations will hinge on a fundamental, unresolved question of robotic intelligence: is it possible for synthetic intelligences to exist that are morally, intellectually, and emotionally sophisticated enough to exercise charismatic authority over human beings—but not so sophisticated that they lose the desire to do so? (shrink)
Socrates ́ thought of justice and obedience to laws is moti- vated by a will to avoid the destructive effects of Sophistic criti- cisms and theories of laws. He thus requires–against theories of natural law–an almost absolute obedience to the law, as far as this law respects the legal system of the city. But, against legal positivism, Socrates would not admit that a law is just simply because it is a law: he is looking for the true Just. (...) However, as often in Socratic philosophy, Socrates cannot accept that two equally justified and legitimate rights or moral values conflict. (shrink)
Imperatives cannot be true, but they can be obeyed or binding: `Surrender!' is obeyed if you surrender and is binding if you have a reason to surrender. A pure declarative argument — whose premisses and conclusion are declaratives — is valid exactly if, necessarily, its conclusion is true if the conjunction of its premisses is true; similarly, I suggest, a pure imperative argument — whose premisses and conclusion are imperatives — is obedience-valid (alternatively: bindingness-valid) exactly if, necessarily, its conclusion (...) is obeyed (alternatively: binding) if the conjunction of its premisses is. I argue that there are two kinds of bindingness, and that a vacillation between two corresponding variants of bindingness-validity largely explains conflicting intuitions concerning the validity of some pure imperative arguments. I prove that for each of those two variants of bindingness-validity there is an equivalent variant of obedience-validity. Finally, I address alternative accounts of pure imperative inference. (shrink)
Should the existence of moral disagreement reduce one’s confidence in one’s moral judgments? Many have claimed that it should not. They claim that we should be morally self-sufficient: that one’s moral judgment and moral confidence ought to be determined entirely one’s own reasoning. Others’ moral beliefs ought not impact one’s own in any way. I claim that moral self-sufficiency is wrong. Moral self-sufficiency ignores the degree to which moral judgment is a fallible cognitive process like all the rest. In this (...) paper, I take up two possible routes to moral self-sufficiency.First, I consider Robert Paul Wolff’s argument that an autonomous being is required to act from his own reasoning. Does Wolff’s argument yield moral self-sufficiency? Wolff’s argument does forbid unthinking obedience. But it does not forbid guidance: the use of moral testimony to glean evidence about nonmoral states of affairs. An agent can use the existence of agreement or disagreement as evidence concerning the reliability of their own cognitive abilities, which is entirely nonmoral information. Corroboration and discorroboration yields nonmoral evidence, and no reasonable theory of autonomy can forbid the use of nonmoral evidence. In fact, by using others to check on my own cognitive functionality, an agent is reasoning better and is thereby more autonomous.Second, I consider Philip Nickel’s requirement that moral judgment proceed from personal understanding. I argue that the requirement of understanding does forbid unthinking obedience, but not discorroboration. When an agent reasons morally, and then reduces confidence in their judgments through discorroboration, they are in full contact with the moral reasons, and with the epistemic reasons. Discorroboration yields more understanding, not less. (shrink)
Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially (...) including the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)
The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the (...) most promising basis for a claim right to obedience. William Edmundson argues that the principle of fair play cannot generate power rights, and so any attempt at a fair play account of legitimacy must fail. I explain how fair play could generate a power right, owing to its stipulation that the rules of a cooperative scheme specify the form of participants' repayment. (shrink)
Is there a right or wrong way to play a game? Many think not. Some have argued that, when we insist that players obey the rules of a game, we give too much weight to the author’s intent. Others have argued that such obedience to the rules violates the true purpose of games, which is fostering free and creative play. Both of these responses, I argue, misunderstand the nature of games and their rules. The rules do not tell us (...) how to interpret a game; they merely tell us what the game is. And the point of the rules is not always to foster free and creative play. The point can be, instead, to communicate a sculpted form of activity. And in games, as with any form of communication, we need some shared norms to ground communicative stability. Games have what has been called a “prescriptive ontology.” A game is something more than simply a piece of material. It is some material as approached in a certain specified way. These prescriptions help to fix a common object of attention. Games share this prescriptive ontology with more traditional kinds of works. Novels are more than just a set of words on a page; they are those words read in a certain order. Games are more than just some software or cardboard bits; they are those bits interacted with according to certain rules. Part of a game’s essential nature is the prescriptions for how we are to play it. What’s more, we investigate the prescriptive ontology of games, we will uncover at least distinct prescriptive categories of games. Party games prescribe that we encounter the game once; heavy strategy games prescribe we encounter the game many times; and community evolution games prescribe that we encounter the game while embedded in an ongoing community of play. (shrink)
I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would (...) be for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (shrink)
The primary explanatory items of Nietzsche’s philosophical psychology are the drives. Such drives, he holds, are arranged hierarchically in virtue of their entering dominance-obedience relations analogous to those obtaining in human societies. This view is puzzling for two reasons. First, Nietzsche’s idea of a hierarchical order among the drives is far from clear. Second, as it postulates relations among subpersonal items that mimic those among persons, Nietzsche’s view seems to trade on the homunculus fallacy. In this paper, I argue (...) that a Hume-inspired dispositional reading of the drives’ order successfully addresses these two problematic issues. Moreover, I argue that my reading is superior to the two main competing interpretations, which I call the vitalistic reading and the normative reading, for these ascribe to Nietzsche a view committed to the homunculus fallacy. (shrink)
Paul Guyer’s Kant on Freedom, Law, and Happiness is a collection of essays written over a period of ten years on the roles of freedom, reason, law, and happiness in Kant’s practical philosophy. The centrality of these concepts has always been acknowledged, but Guyer proposes a different way to understand their interconnections. Kant extols respect for moral law and conformity to moral principle for its own sake while at the same time celebrating the value of human freedom and autonomy. Guyer (...) sees tensions between these two poles of Kant’s practical philosophy—obedience to law and the value of freedom. He argues: “A profound paradox can be avoided only if it can be shown that Kant intended obedience to universal law to be mandatory solely as the necessary condition for the realization of human freedom and through that freedom a systematic and unselfish distribution of happiness among all persons” and that “the sheer fact of adherence to universal law is not an end in itself but is rather the means to the realization of the human potential for autonomy or freedom in both choice and action” (p. 1). One guiding theme of Guyer’s book is that Kant’s practical philosophy is based on the fundamental, and hence indemonstrable, intrinsic value of freedom, which Guyer understands as a value that is prior to the moral law, providing both an end to be realized through conformity to universal law and the basis of the authority of moral principles. Conformity to universal law has no intrinsic value in itself; it is the means to the preservation, enhancement, and full realization of human freedom, and is required because of its instrumental connection to the prior value of freedom. As he says, “freedom of choice and its natural expression in action are what human beings value most, and the fundamental principle of morality and the rules for both po-. (shrink)
We argue that moral decision making is reasons-based, focusing on the idea that people encounter decisions as questions to be answered and that they process reasons to the extent that they can see them as putative answers to those questions. After introducing our topic, we sketch the erotetic reasons-based framework for decision making. We then describe three experiments that extend this framework to moral decision making in different question frames, cast doubt on theories of moral decision making that discount reasons (...) and appeal, and replicate our initial finds in moral contexts that do not involve direct physical harm. We conclude by reinterpreting Stanley Milgram’s studies in destructive obedience in our new framework. (shrink)
This essay distinguishes between honor-typical and authoritarian behavior in humans and animals. Whereas authoritarianism concerns hierarchies coordinated by control and obedience, honor concerns rankings of prestige determined by fair contests. Honor-typical behavior is identifiable in non-human species, and is to be expected in polygynous species with non-resource-based mating systems. This picture lends further support to an increasingly popular psychological theory that sees morality as constituted by a variety of moral systems. If moral cognition is pluralistic in this way, then (...) the question of moral agency is better considered in terms of particular moral modes, one of which will be “honor-agency.” The universal principles of honorable conduct suggest a handful of criteria for counting as an honorable agent (human or otherwise), and these criteria can be specified without commitment to any particular account of what it takes to be an agent in general. (shrink)
Hobbes in Leviathan, chapter xv, 4, makes the startling claim: “The fool hath said in his heart, ‘there is no such thing as justice,’” paraphrasing Psalm 52:1: “The fool hath said in his heart there is no God.” These are charges of which Hobbes himself could stand accused. His parable of the fool is about the exchange of obedience for protection, the backslider, regime change, and the tyrant; but given that Hobbes was himself likely an oath-breaker, it is also (...) self-reflexive and self-justificatory. For, Hobbes’s fool is not a windbag, or one of the dumb mob, led astray by priests. He is, in the terminology of Psalm 52, an insipiens, a madman or raving lunatic, whose rebellion against God the King is his own destruction and that of his people. A long iconographic tradition portraying the fool as insipiens, Antichrist, heretical impostor and tyrant king, was at Hobbes’s disposal. (shrink)
Throughout history no mere mortal has been more revered and esteemed by so many diverse people than Abraham, great patriarch of the three enduring monotheistic religions. Yet Judaism, Christianity and Islam all agree that this man attempted to kill his own, innocent son, an act so dastardly that it would normally be judged both immoral and illegal in any civil society. Surprisingly, the scriptures of these three religious faiths praise Abraham for this very act, justifying it in very different ways, (...) but all portraying it as the paradigm of religious obedience. (shrink)
This essay is an analysis of the central arguments in Plato’s Crito. The dialogue shows, in a variety of ways, that the opinion of another person can have practical relevance in one’s deliberations about what to do – e.g. as an argument, as a piece of expert advice, as a threat. Especially important among these forms of practical relevance is the relevance of authoritative commands. In the dialogue, the Laws of Athens argue that Socrates must accept his sentence of death, (...) because he must regard the court’s verdict as a command from a practical authority – the city. The Laws’ arguments rely on special features of authority-reasons that many commentators have overlooked. This article explains why the Law’s arguments are unsuccessful. Finally, it is argued that Socrates’ description of ‘the many’ suggests that the city lacks the deliberative capacity necessary for possessing practical authority. (shrink)
In the accepted view, the basic disposition of believers is one of absolute obedience, humility, and lack of critique, doubt, or, indeed, defiance of God. Only through such a disposition do believers convey their absolute faith and establish the appropriate hierarchy between God and humans. This article challenges this view and argues that, in mainstream rabbinic tradition, the believer is not required to renounce his or her moral autonomy and certainly not his or her understanding of God and the (...) world. Indeed, faith rests on such understanding; moreover, human autonomy is the mechanism through which humans convey God’s goodness and perfection. Their questions and criticism are part of a persistent effort to close the evident gap between their assumptions about God’s goodness and the flawed imperfect reality. The analysis focuses on rabbinic tradition but its implications go beyond it, presenting a model of a life of faith that compels subjects, as believers, to preserve their constitutive foundations as rational autonomous creatures. (shrink)
In many African states, numerous different pre-colonial systems of power – such as kingships, sultanates or chieftaincies – which have a traditional legitimacy often confirmed in colonial and post-colonial times, have survived till our day. Their role in the contemporary republican state has been studied by many African intellectuals, and the views of Kwame Anthony Appiah, a thinker originating from Ghana, are of particular interest. He believes that in order to understand the significance of traditional authority and the phenomenon of (...) its continued existence in contemporary Africa, it is important to consider the source of its legitimacy. Appiah presents various sources – symbolic, religious and state – from which local African rulers derive the right to exert power and to exact obedience from their subjects. He minimizes the significance of most of these, however, and concludes that the basic source of legitimacy for traditional authority in the contemporary African state is the fact that this power, being a very important point of reference for the group over which it is wielded, reinforces its members’ sense of self-respect, and helps form their identity. He uses this idea to attempt to reconcile the continued existence of African power systems with liberal theory. Appiah, who is very unfavorably disposed towards most political and social hierarchies, views the political rights of individuals as the rights of citizens, not as the rights of persons who are the depositaries of some attributed or hereditary status. He enumerates the costs, in terms of liberal principles, of allowing traditional monarchy to persist. In his view, it is contrary to the liberal principle of public offices being open to persons of merit for the king of the Ashanti to be chosen from among persons of royal lineage. Such a perspective should generate a generally negative attitude towards the monarchy of the Ashanti, a people from whom Appiah originates, and yet he views Ashanti’s traditional monarchy as a source of pride. Published in "Africana Bulletin" 2010, No. 58, pp. 47-74. (shrink)
Discussions on hypothetical gods virtually always focus on the latter’s existence or nonexistence. However, this is only the secondary question. Heroical apatheism distinguishes these questions from the primary question, which pertains to the importance of these gods. It is a deeply ingrained assumption that if the gods have created the universe and humankind, then this implicitly entails the obligations that these gods must be worshipped and obeyed. These relations between existence and acts and worship and obedience to the gods (...) are so commonplace that virtually no one questions their existence. The rights of these gods are simply assumed at face value. However, the issues pertaining to these necessary relations are not trivial in any respect. This paper highlights these relations by first formulating two cosmological models for the initial condition of the universe and, thereafter, applying these in the analyses of the claims regarding these relations. By doing so, it shows that the justifications for the aforementioned obligations always result in a Münchhausen bootstrapping circularity or are ad hoc. Any necessary relations between existence and worship and between acts of creation and obedience cannot be demonstrated. Furthermore, these assumptions are based on the frequently overlooked reasoning that arguing for or against the obligations to the gods implicitly assumes that these gods have a right to such obligations to begin with. However, all that can be shown is the power to enforce obedience. Thus, heroical apatheism is founded on neither doubt nor disobedience because disobedience implies that an authority exists and an authority’s right presupposes that there is such a right. However, there is no such right, and we do not equate might with right. (shrink)
The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what can this impact be. In order (...) to accomplish this task, moral presuppositions of Kant’s juridical state are discussed, according to the commonly accepted view that Kant’s political philosophy is closely linked with his moral and ethical reflection. Then, two interpretations of Kant’s juridical state – the liberal one and the authoritarian one – are analysed. The crucial difference between these interpretations lies in establishing the circumstances in which the duty of obedience to state power should be carried out. Then, Kantian juridical state is compared with two ways of understanding the rule of law – the material one and the formal one – in order to evaluate whether the rule of law should be considered as continuity of or rupture with the Kantian concept. (shrink)
Neither M. Walzer's collectivist conception of the "moral equality" of combatants, nor its antithetical individualist conceptions of responsibility are compatible with the ethos of military professionalism and its conception(s) of the responsibility of military professionals for service in an unjust war.
Paradiso 2’s sustained direct address warns readers unprepared for its complexities to “turn back to see your shores again…for perhaps losing me, you would be lost,” but then offers the “other few” who crave “the bread of angels” the promise of a marvel that would rival the deeds of the mythological hero Jason. I will argue that, by appearing to impose this choice on its readers, this direct address in fact activates the craving for the bread of angels (for who, (...) by obeying the interpretive imperative to make such a decision, would not also be one who thereby does choose to pursue the bread that is promised in return for this obedience?). In other words, the very act of interpreting the representation of readers as divided into those who are capable of allegorical interpretation and those who are not constructs and activates the will of a single readership for the Divine Comedy and, consequently, challenges us to provide an articulation of what it means even to read or to misread the Divine Comedy. (shrink)
This dissertation identifies and explains four major contributions of the Laws and related late dialogues to Plato's moral and political philosophy. -/- Chapter 1: I argue that Plato thinks the purpose of laws and other social institutions is the happiness of the city. A happy city is one in which the city's parts, i.e. the citizens, are unified under the rule of intelligence. Unlike the citizens of the Republic, the citizens of the Laws can all share the same true judgments (...) of value, and this unanimity explains the city's unity. Plato thinks that aiming at the city's happiness is justified, moreover, because a unified city contributes to the universe's order. -/- Chapter 2: In the Laws, Plato holds that the sick, poor, ugly, weak, but virtuous are happy, and that health, wealth, beauty, and strength benefit the virtuous but harm the vicious. Only in the Laws does Plato commit himself to all these claims simultaneously, and I explain how the moral psychology of the Laws permits Plato to maintain them coherently. -/- Chapter 3: I argue that, in the Laws, becoming virtuous is the same as becoming like God. Becoming like God does not require escape from the world of change as it does in the Theaetetus, however. Rather, becoming like God requires bringing "measure" or appropriate order to the world of change, especially to those entities over which we have the most control—our own souls. In the Laws, citizens achieve this order as they learn to be just and to understand the nature of reality. -/- Chapter 4: Unlike the Republic and Statesman, the Laws holds that obedience of the citizens to their laws should be effected, if possible, with rational persuasion. I argue that Plato wishes such persuasion to educate the citizens of the reasons for the laws. Understanding the laws' justification is the principal way in which citizens acquire the good judgment necessary for virtue. The city becomes more happy as the citizens progress in virtue, so rational persuasion is a necessary means to the lawgiver's overall aim. (shrink)
Different societies came to consider certain behaviors as morally wrong, and, in time, due to a more or less general practice, those behaviors have also become legally prohibited. While, nowadays, the existence of legal responsibility of states and individuals for certain reprehensible acts committed during an armed conflict, international or non-international, is hard to be disputed, an inquiry into the manner in which the behavior of the belligerents has come to be considered reveals long discussions in the field of morals (...) and theory of morality, and, especially, regarding the different manner of establishing the elements to whom obedience is rather owed (the divinity, the sovereign, the law) and the relations between these. Hence, the present paper aims at analyzing the connections between moral responsibility and legal responsibility for wrongful behaviur during war in a diachronic approach, along with the major shifts in paradigm (codification and individual liability). Understanding morality as practice, convention, custom, we are arguing that the nowadays requirement of liability for war crimes appeared due to an assumed intention and practice of the decision-making entities (the sovereign, the state) and, ultimately, to a decision-making process of the most influential states. (shrink)
As a classical liberal, or libertarian, I am concerned to advance liberty and minimize coercion. Indeed on this view liberty just is the absence of coercion or costs imposed on others. In order to better understand the notion of coercion I discuss Robert Nozick's classic essay on the subject as well as more recent contributions. I then address the question of whether law is coercive, and respond to Edmundson and others who think that it isn't. Assuming that the law is (...) in fact coercive, there is still a question,as with all coercive acts, as to whether that coercion is justified. Edmundson thinks that this places a special burden on the state of justifying its existence, whereas it simply places the same burden on the state as anyone else. What I reject is the longstanding doctrine of Staatsrason, namely that the state is not subject to the same moral rules as its subjects. With respect to the relation of morality to law, Edmundson thought that another of the fallacies of which philosophical anarchists were guilty was that of assuming that there was a sphere of morality where law had no business. On the contrary, our concern is with spheres of law which appear to have little to do with morality, which is to say laws against wrongs of the malum prohibitum variety, as opposed to wrongs which are malum in se. I then turn to a matter with which Edmundson begins his study, namely how it is that states acquire the authority to do what they do, namely coerce their subjects. While the fact that the philosopher's stone of political obligation has proved rather elusive may mean that a legitimate state lacks the authority to demand obedience pure and simple, Edmundson contends that it can at the very least demand that we do not interfere in the administration of justice. I argue that this attempt to sidestep the justification of the authority of the state fails and that we seem in the end to be having to take the state's word for it that we must do X on pain of penalty P. Nor, as I go on to argue, is it any help to appeal to democracy to remedy a failed justification of the authority of the state. There either is a moral justification of state coercion in order to prevent harm to innocent subjects, or there isn't, and this holds,if it does, not only at the level of individuals, but also at the level of the state, regardless of its constitutional form. After concluding that the attempts of Edmundson and others to refute the anarchic turn in recent political philosophy have failed, it would seem that the withering away of the state foreseen in Marx's eschatology is not as improbable as maybe it once appeared. (shrink)
Although there is no more iconic, stalwart, and eloquent defender of liberty and representative democracy than J.S. Mill, he sometimes endorses non-democratic forms of governance. This article explains the reasons behind this seeming aberration and shows that Mill actually has complex and nuanced views of the transition from non-democratic to democratic government, including the comprehensive and parallel material, cultural, institutional, and character reforms that must occur, and the mechanism by which they will be enacted. Namely, an enlightened despot must cultivate (...) democratic virtues such as obedience, industriousness, spirit of nationality, and resistance to tyranny in the population and simultaneously prepare the way for his own demise and secure his own legitimacy by transitioning to the rule of law. This challenges recent scholarship that paints Mill’s non-democratic views as crudely and uncritically imperialist, because it fails to recognize and engage seriously with his sophisticated (if ultimately problematic) theory of individual and institutional development under enlightened colonialism. (shrink)
Spinoza rarely refers to art. However, there are extensive resources for a Spinozist aesthetics in his discussion of health in the Ethics and of social affects in his political works. There have been recently been a few essays linking Spinoza and art, but this essay additionally fuses Spinoza’s politics to an affective aesthetics. Spinoza’s statements that art makes us healthier (Ethics 4p54Sch; Emendation section 17) form the foundation of an aesthetics. In Spinoza’s definition, “health” is caused by external objects that (...) maintain our power to act in a variety of ways. Humans need such objects because our complex bodies constantly lose or consume many parts necessary to our overall functioning. Notably, Spinoza defines humans’ bodies through this complexity (2p13Sch), so health as maintenance of complexity is a distinctly human endeavor. Further, while art is not the only healthy activity, I argue that art is a particularly potent cure, which explains Spinoza’s otherwise opaque comment that music can cure melancholy (by which he meant a near-total inability to act, akin to death). Rather than only causing frivolous pleasures, art may be as essential to human flourishing as are other human beings in general; other people are “most useful” because of the variety of actions they make possible (4p35Cor & Sch1). Art’s production of a dizzying variety of affects is likewise most useful for health. -/- Having established how art in general affects the individual, I then explain the role of artists in shaping social groups. Artists use vivid and highly charged affective techniques, as do political sovereigns and religious prophets (TTP chapters 1-2 & 15-16). However, sovereigns and prophets are concerned exclusively with “morality,” defined by Spinoza as the use of affects (primarily based on fear and hope) to produce “obedience” in the generic multitude or people at large. An artist, however, rarely causes affects in the whole nation, affecting instead only a smaller niche or “sub-genre” of people. The affects produced in this group are also not identical to those used by sovereigns, since artists do not primarily deploy sad affects of hope and fear but instead use a wide variety of joyful affects. Further, in Spinoza’s analysis of ceremonies (TTP chapter 5), we see how small groups exposed to repeated ceremonies or social practices eventually develop new strengths which they lacked before. Repeated exposure to shared aesthetic “ceremonies” (e.g., live music performances) of the same sub-genre will over time create the capacity of new powers in the sub-genre of people, which distinguishes them from the masses. Spinoza says sovereigns forge a “second nature” for the generic people through affects; we can then affirm that smaller groups exposed to a distinct sub-genre of art can acquire a new “third nature” which will contain unique powers extending beyond healthy maintenance of their existing bodies. That is, art in general is necessary to flourish and remain whole (maintaining health), but it can also occasionally expand what one is to unforeseen heights (through specific artistic sub-genres). (shrink)
In 1931, Evgeny Pashukanis, the distinguished Soviet jurist, author of “The General Theory of Law and Marxism”, following an invitation to celebrate the centenary of Hegel’s death, published an assay entitled “Hegel, the State and Law” (Гегель. Государство и право) aimed to demistify, through a brief retrospective of Hegelian’s philosophy, its specific use, something achieved through the bourgeois ideology which, at some point in history, abandoned Kantism and its followers to embrace Neo-Hegelianism as a philosophy of domination and social control. (...) In this unpublished text, Pashukanis reflects, from a Marxist and Leninist point of view, on the ability to use Hegel as a bourgeois defense tool, when a particular society, specifically the one from the 1920s to the 1930s, began to be affected by the fear of communism and by the crises that endanger its very survival. From this angle, the capitalist interest - following Pashukanisian interpretation of Hegel - will only develop in the terms of a scientific elimination of all those subversive potentials that the economic crisis is destined to produce, thus reformulating the notions of State and Law which, in between obedience, discipline and defense of the homeland, come to assert the official recognition of the inexorably crushed proletariat in a condition in which all relations of production and social reproduction are transferred to the realm of exploitation, as its definitive subsumption to capital. (shrink)
Acting morally comes at a price. The fewer people act morally, the dearer moral acts will be to those who perform them. Even if it could be proven that a certain moral norm were valid, the question might still be open whether, under certain circumstances, the demand to follow it meant asking too much. The validity of a moral norm is independent from actual compliance. In that regard, moral norms differ from legal rules. A law that nobody obeys has eroded (...) and thus lost validity; a moral norm that nobody keeps, however, may still be valid. Yet the latter point does not render the question obsolete whether demanding obedience to a specific moral norm, under certain circumstances, could mean asking too much. The costs incurred might be, on the one hand, individual costs. But there may, on the other hand, also be moral costs of obeying a certain moral norm. For an individual might also have responsibilities towards others near her, e.g., her family or peers; acting in accordance with the strict moral standard, then, could do harm not just to her but also to those who rely, and must rely upon her. Yet to define moral limits to following moral rules appears to be self-defeating. (shrink)
Acting morally comes at a price. The fewer people act morally, the dearer moral acts will be to those who perform them. Even if it could be proven that a certain moral norm were valid, the question might still be open whether, under certain circumstances, the demand to follow it meant asking too much. The validity of a moral norm is independent from actual compliance. In that regard, moral norms differ from legal rules. A law that nobody obeys has eroded (...) and thus lost validity; a moral norm that nobody keeps, however, may still be valid. Yet the latter point does not render the question obsolete whether demanding obedience to a specific moral norm, under certain circumstances, could mean asking too much. The costs incurred might be, on the one hand, individual costs. But there may, on the other hand, also be moral costs of obeying a certain moral norm. For an individual might also have responsibilities towards others near her, e.g., her family or peers; acting in accordance with the strict moral standard, then, could do harm not just to her but also to those who rely, and must rely upon her. Yet to define moral limits to following moral rules appears to be self-defeating. (shrink)
Research for this study was served by the hypothesis that the Christian’s lifestyle and witness in a postmodern world will depend on the definition and practice of worship and spirituality. The Old Testament reveals a spirituality that has ‘Yahweh’ involved in all aspects of life. Awareness and experience of the presence of God is linked to obedience to God. New Testament spirituality implies imitation of Christ and an effort to obey Christ's twofold command: to love God and neighbor as (...) self. Christian exhortation (contemplation/meditation) and adoration never take place in isolation from the world because God is active in the world. Adoration leads to action in the world which, in turn, leads to adoration of God. All work done and all life lived for God's sake is, in essence, worship. Being a Christian implies living a life of sacrifice, making a gift of your life to God. As the Christian strives with the Spirit's guidance and empowerment to love God with his/her heart, soul, mind, body - and his/her neighbor as him/her self, in a moment by moment way; as he/she worships God with adoration and action; then he/she is living a true Biblical Christian life and experiencing and practicing true Biblical worship and spirituality. For the postmodernist, religious relativism is incompatible with the objective truth claims of Christianity and the words ‘Christian’ and ‘Church’ mean either empty tradition or abusive totalizing metannarrative. To maintain its identity and practice effective and relevant ministry, the Church should reflect an internal unity in desire, in life, in purpose, and in love. The Church must be the incarnate and engaged love and glory of God to a world that judges Christian truth claims by the lifestyle and witness of Christians. A praxis-orientated apologetic of an incarnational engaged worship and spirituality will demonstrate Christians truth claims. This gives Christianity integrity, credibility, and intelligibility to postmodernists that seek an experiential spirituality in the postmodern era of deconstruction. Evangelism is founded in who God is and what God has done for humanity through the death and resurrection of Jesus Christ. Christian’s demonstrate the Gospel as they love their God and their neighbor with devotion and conduct. They proclaim God’s love with plausibility when they reveal God’s love in action as a visual aid for Gods truth. As Christian worship and spirituality produce the actions that give voice to the nature and will of God, Jesus Christ will ‘rise again’ in the postmodern world through an incarnational and engaged Christian faith. Point summary: i. Authentic Biblical Christian worship is a lifestyle that takes place in an interdependent rhythm of both adoration (joyful praise of God) and action (obedient service to God). ii. Holistic spirituality is the lived moment by moment experience of Christian belief in both general and specialized forms (the Christian faith), and the reaction that the Christian’s belief system arouses in religious consciousness and practice moment by moment (the Christian faith). iii. Biblical worship and spirituality is thus conformity of heart and life with the confession and character of Jesus Christ. It is living life in the coram Deo (the presence of God) in obedience to His will out of gratitude for salvation. iv. Worship, spirituality, and the Christian faith become equivalent terms for each other and as defined in i-iii above reflect an incarnational engaged approach to evangelism. v. Worship and spirituality as a praxis-orientated apologetic presented as an incarnational engaged approach (that tells God’s story and your story) in a postmodern world, will be a more effective method of evangelism than rational apologetics and program/method based evangelism. -/- . (shrink)
With the 21st century, we are witnessing the mass spread of the communication technologies and social media revolution. Interactive networks built on a global scale have led to the formation of a virtual world of reality that is connecting the whole world. With the global spread of communication networks, the question of whether social media points to a new public sphere has been raised. Social media applications such as Facebook, Twitter and Instagram are nowadays seen as a place where political (...) campaigns are carried out, causing the destruction of authoritarian regimes, organizing global protests and innovation culture, and discussing political, social and cultural changes. What gives social media a similar quality to the agora of Ancient Greek city-states is the characteristic of been a place where citizens come together and talk about issues that are considered to be public, eventhough in a virtual reality. This work, following the Arendtian sense, discusses whether social media really is a place where public issues are discussed, common ideas are produced and transparency prevails. In her work "The Human Condition", Arendt makes a fundamental distinction between private and public sphere based on human activities. By conceiving the activities that she describes as labour and work in relation to the private sphere, Arendt tackles the activity of action through linking it to public sphere. Arendt defines the public sphere as a sphere of freedom and a political sphere. The public sphere consists of equal people without hierarchy, who come together with their completely free will. According to Arendt, the condition for the public sphere to be possible is transparency and commonality. Firstly; it has a wide transparency in the sense that something have to be seen and heard by others, and the second is that it points to a common world that belongs to everyone, except for the part that is privately owned. Considering the public sphere in relation to the transparency not a direct transfer of things that happen in the private or intimate sphere. It is precisely related to the fact that something pertaining to the private exhibits a presence within the world of public and the fact that the private acquires a public chatacter. This does not mean that the public sphere is a sphere in which the private and intimate are directly transferred. According to Arendt, leading a private life as a whole will lead to the lack of what is necessary to be a true person. It also leads to the lack of a common world that unites and separates them. Arendt thinks that with the modern period, what belongs to the purely private and intimate sphere expands and causes the collapse of the public. The collapse of the public sphere in the modern period; It has caused both the loss of difference and interaction and the emergence of individuals who are increasingly alike, unable to think and act. In this kind of society, action has left its place to behavior, difference to standartization and thought to obedience. Arendt sees the public sphere as a sphere where public affairs are discussed, while the private sphere is a sphere where intimate and private activities take place. Arendt argues that with modern society the distinction between public and private has became indistinct , and as a third sphere, the social sphere has swallowed up both the public and the private. The social sphere has removed the distinction between the public transparency and commonality of the public and the privacy of the private sphere and activities. This study considers social media as a sphere where public issues are discussed. It also dıscusses the private sphere events and the most intimate issues. It claims that social media is not a new public sphere as it is cosidered, but it is a social sphere in which the distinction between private and public in the Arendtian sense is become indistinct. In this context, the study seeks to answer the following questions: How does the distinction between public and private spheres, which is central in Arendt's thought, look like in today’s world? Is it possible to talk about a public sphere in the modern age? Can social media be considered as a public sphere? Or is social media a sphere of freedom and a political sphere? Does social media allow discussions on public issues? Is social media a non-hierarchical nature open to the free participation of everyone, difference and plurality? (shrink)
Delmas successfully guides us to reconsider the traditional “wisdom” of civil disobedience. She also makes a strong case for expanding the notion of political obligation, which has been narrowly construed as mere obedience, to encompass a duty to resist. Principled disobedience, either civil or uncivil, includes a wide range of tools to tackle different forms of injustice, such as education campaigns, peaceful protests, graffiti street art, whistleblowing, vigilante self-defense, and political riots. We may question to what extent the violent (...) disobedience can be justified, as it is always good to be careful about violence that risks harming the innocent, but other forms of civil or uncivil disobedience may rightly be demanded in realistic circumstances. As I see it, these, along with the general warning to not unwittingly serve the status quo by dismissing social movements merely because of “incivility” and the proposal of the civic virtues of vigilance and open-mindedness, are significant contributions to the literature and could also benefit a politically interested general audience greatly. (shrink)
This article forms a critical reflection on the views of Spinoza, developed in the Tractatus Theologico-Politicus, on the role of the ‘ceremonial law’ in the moral life of ancient Hebrew culture. According to Spinoza, a merely external obedience to the ceremonial law should not be confused with the sense of obligation towards the moral Divine Law of ‘justice and charity’: only in this last one can true piety be found. The idea is defended that Spinoza’s critical attitude towards the (...) Jewish ceremonial law should be understood against the larger background of his hermeneutics of superstition throughout the TTP. In the TTP superstition is unmasked as a form of undue adherence to a particular religious tradition and to merely outer ceremonies and practices. Superstition should be distinguished, however, from true religion, which, according to Spinoza, leads towards piety and virtue. How the idea of true religion, identified in the Ethics as the practical disposition and form of life of the truly wise philosopher, could be accounted for within the context of the TTP is investigated. The central thesis of this article is that despite his critical attitude towards the Jewish ceremonial law Spinoza should acknowledge – according to his own religious anthropology – that a genuine religion for ordinary human beings presupposes the adherence in one form or another to a religious tradition . Without a religious tradition, it appears, no concrete moral life, so no piety, is possible. This implies, however, that in Spinoza’s view there remains a gap between the true religion of the philosopher and true religion as it can be found in the life of ordinary humans. (shrink)
The rapid spread of SARS-CoV-2 and its corresponding COVID-19 is challenging national preparedness and response ability to pandemics. No one is prepared well, but governments around the world must respond as effectively and efficiently as possible to pandemics, and every occurrence of such worldwide disease must be a lesson for preparedness. While plans and programs may be in place to arrest the rapid spread of the virus, the success of any state intervention relies much on how cohesive the society is, (...) how trusting the people are, and how trustworthy the government is. Social cohesion begets trust, and trust engenders obedience and calm. The absence of social cohesion produces social unrest and social erosion, lack or absence of social trust creates risk societies, disobedience. When these conditions exist, the spread of a virus is inevitable. Furthermore, they create a pandemic of confusion and fear, of stigmatization and discrimination. The ways that nations respond to the pandemic today and how the society responds to state actions will principally determine their lots and destinies in the next decades or even in the next elections. The pandemic reveals the quality of leaders and people a nation has. Governments that are successful at controlling the spread of SARS-CoV-2 and minimizing fatalities of COVID-19 will enjoy even more social cohesion and public trust, while those that deferred vigorous interventions to control its spread will see greater social stress and distrust, resulting in the paralyzation of the public’s faith in leaders and government institutions. (shrink)
In addition to the traditional reliance on rules and codes in regulating the conduct of military personnel, most of today’s militaries put their money on character building in trying to make their soldiers virtuous. Especially in recent years it has time and again been argued that virtue ethics, with its emphasis on character building, provides a better basis for military ethics than deontological ethics or utilitarian ethics. Although virtue ethics comes in many varieties these days, in many texts on military (...) ethics dealing with the subject of military virtues the Aristotelian view on virtues is still pivotal. Developing virtues is by some authors seen as the best way to prevent misconduct by military personnel, it being considered superior to rules or codes of conduct imposed from above. The main argument these authors offer is that these solutions are impotent when no one is around, and lack the flexibility often thought necessary in today’s world. Finally, rules and codes try to condition behavior, leaving less room for personal integrity. At first sight, then, there is a great deal to say in favor of virtue ethics as being the best way of enhancing the chances of soldiers behaving morally. However, this preference for steering conduct by means of promoting certain desirable dispositions is not without any problems that, as it stands, are hardly ever addressed. To begin with, there are a few practical concerns. For instance, even if we assume that military virtues can assist military personnel to do their work in a morally sound manner, it is still not clear to what extent virtues can, in fact, be taught to them. It is an assumption of virtue ethics that they can, but is this really the case? And if so, how should they be taught? – virtues are supposedly developed by practicing them, yet how much room is there for practicing virtues in for instance the ethics education as followed in military academies and school battalions? Secondly, it appears that the traditional military virtues, such as honor, loyalty, courage, and obedience, are, especially in their common interpretation, mainly beneficial to colleagues and the organization, not so much to the local population of the countries military personnel are deployed to. Changes in the military’s wider environment have led to a shift from traditional of self-defense tasks to new, more complex tasks, and especially in today’s missions one could expect that the proper virtues are not necessarily solely the more martial ones. (shrink)
From the perspective of Aquinas’ Biblical commentaries, the article develops the reflection on pignus / arra haereditatis (Eph 1:5) seeing these essential elements of Thomas’ reflection on salvation in the terminological question of which one is better: pignus or arra, namely the pledge or the earnest/deposit. Thomas develops soteriology, which indicates that human salvation starts “now” and not “later,” through the participation in the Passion of Christ and in His merits. Analyzing Aquinas’ commentary on Ps 21, on the Letter to (...) the Ephesians and on the Letter to the Galatians together with the themes of Christ’s obedience and its soteriological significance as well as His wish of voluntary death for us, the article shows the Biblical roots of Thomas’ soteriology. The author devotes particular attention to the analysis of the logic of inchoatio and consummatio in Thomas’ soteriological grammar and his understanding of faith as the beginning of eternal life and the ensuing consequences. (shrink)
Seemingly Rom 13 demands the people's unconditional submission to the state. Scholars have provided various answers to the problem which arises when the state's policy contradicts God's teachings. Those answers assume that what is morally wrong for the state to order is morally wrong for the people to follow. However, there can be cases where a state's policy is morally wrong while the people's submission to it is morally right. I distinguish between the ethical standards for the state and those (...) for the people. The dual ethics protects conscientious people from moral blame for having obeyed the authority. The dual ethics makes it impossible to appeal to Rom 13 to justify tyranny. The dual ethics is also compatible with the various answers. Some New Testament passages support the dual ethics. (shrink)
The assumption that coercion is largely responsible for our legal systems’ efficacy is a common one. I argue that this assumption is false. But I do so indirectly, by objecting to a thesis I call “(Compliance)”, which holds that most citizens comply with most legal mandates most of the time at least partly in virtue of being motivated by legal systems’ threats of sanctions and other unwelcome consequences. The relationship between (Compliance) and the efficacy of legal systems is explained in (...) section 1. There I also show that (Compliance) must be rejected for it relies on unsubstantiated empirical assumptions. In section 2, I claim that an alternative, and more refined, formulation of (Compliance) also lacks adequate support. I conclude with a few general remarks about the centrality of coercion in our thought and talk about legal systems. (shrink)
Il lavoro concerne il delicato tema della libertà umana nella prospettiva spinoziana. L'obbedienza e la saggezza sembrano costituire le due possibilità per l'uomo dinanzi al raggiungimento della salvezza. Il filosofo olandese delinea nelle sue opere, e in particolare nel Trattato Teologico Politico, due percorsi in grado di condurre gli uomini verso la beatitudine. La dicotomia tra i due percorsi - il primo segnato da una conoscenza chiara e intuitiva del sommo bene, il secondo da un'azione morale ispirata alla carità - (...) viene risolta analizzando il messaggio cristiano, che costituisce uno dei principali punti di discussione tra Spinoza e le sette ereticale del suo tempo. (shrink)
In this work, we will approach some of the essential questions about the collective imaginary and their relations with reality and truth. We should face this subject in a conceptual framework, followed by the corresponding factual analysis of demonstrable behavioral realities. We will adopt not only the methodology, but mostly the tenets and propositions of the analytic philosophy, which for sure will be apparent throughout the study, and may be identified by the features described by Perez : Rabossi (1975) defends (...) the idea that analytic philosophy can be identified by considering certain family resemblances. He suggests the following family traits: a positive attitude toward scientific knowledge; a cautious attitude toward metaphysics; a conception of philosophy as a conceptual task, which takes conceptual analysis as a method; a close relationship between language and philosophy; a concern with seeking argumentative answers to philosophical problems; search for conceptual clarity Perez, Diana Ines, "Analytic Philosophy in Latin America”, The Stanford Encyclopedia of Philosophy ). These core concepts involve cultural, social, religious, scientific, philosophic, moral, and political contents, belonging to the individual and collective existence of each one of us. In this paper, we will not debate nor demonstrate. Our purpose is not to systematically methodize, criticize, or bring to evidence anything, anyhow. The present work grounds itself on analytical reflection. We will just speculate the most comprehensive and profound way we can and express the results of our thoughts. Notwithstanding the multidisciplinary nature of the subject and the methodological openness for accepting contributions from any field of science, this work belongs to the aim of psychology and ontology or, in other terms, social and ontological psychology. The free methodology guiding such reflections embraces and takes into account everything approaching coherence with the philosophical and psychological epistemology. This methodology does not pursue reaching evidence but just looks for the interrelation among already existing evidence, of any nature and magnitude, inferring a coherent meaning to the real things. Many of the great thinkers at any time never searched for demonstrations, theorizations, or systematizations. These thinkers just thought, meditated, and with the enlightenment of their humility could approach the truth. They will be our reference and the example to be followed. For sure, we will not find the truth, but we may be sure about something: in many moments, we will get close to the truth, and in all moments, we will be retreating from untruth and lie. The main scope of this paper is to observe how some of the essential evolutionary attributes of humankind, like creativity, imagination, and association, can become a hazardous sickness, sheltered in the misty shadows of the intelligence. (shrink)
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