Scientific models typically contain idealizations, or assumptions that are known not to be true. Philosophers have long questioned the nature of idealizations: Are they heuristic tools that will be abandoned? Or rather fictional representations of reality? And how can we reconcile them with realism about knowledge of nature? Immanuel Kant developed an account of scientific investigation that can inspire a new approach to the contemporary debate. Kant argued that scientific investigation is possible only if guided by ideal assumptions—what he (...) calls “regulative ideas”. These ideas are not true of objects of nature, and yet they are not heuristic tools or fictional represen- tations. They are necessary rules governing the construction and assessment of scientific explanations. In this paper, I suggest that some idealizations can be interpreted as having necessary regulative value and as being compatible with scientific realism. I first analyze the puzzle of the nature of idealization and present the main approaches to this topic in the literature. Second, I reconsider the puzzle vis-a-vis a restricted, Kantian definition of idealization and a novel characterization of the relation between idealization and truth. Finally, I discuss in detail an example of idealization (the Hardy-Weinberg equilibrium) along the suggested Kantian lines. (shrink)

What is it to share the same concept? The question is an important one since sharing the same concept explains our ability to non-accidentally coordinate on the same topic over time and between individuals. Moreover, concept identity grounds key logical relations among thought contents such as samesaying, contradiction, validity, and entailment. Finally, an account of concept identity is crucial to explaining and justifying epistemic efforts to better understand the precise contents of our thoughts. The key question, then, is what psychological (...) and social facts could play these roles? Elsewhere, we have argued for a specific relational model of concept identity, the connectedness model (e.g. Schroeter 2012, Schroeter and Schroeter 2014, 2015). Our aim in this chapter is to further explain the motivations behind that account, to address worries about transitivity and vagueness, and to contrast our approach with closely related accounts of concept identity developed by François Recanati and Simon Prosser. -/- What’s distinctive of our approach is that we seek to vindicate the first-person epistemic perspective of concept users. Concepts, on our account, play a crucial normative role in setting regulative ideals for the representational practices in which individual subjects participate. This focus on the normative role of concepts – as opposed to a purely causal explanatory role – motivates our approach to concept identity and our toleration of vagueness and borderline cases. (shrink)

Appeals to intersectionality serve to remind us that social categories like race and gender cannot be adequately understood independently from each other. But what, exactly, is the intersectional thesis a thesis about? Answers to this question are remarkably diverse. Intersectionality is variously understood as a claim about the nature of social kinds, oppression, or experience ; about the limits of antidiscrimination law or identity politics ; or about the importance of fuzzy sets, multifactor analysis, or causal modeling in social science.

The traditional debate about moral dilemmas concerns whether there are circumstances in which an agent is subject to two obligations that cannot both be fulfilled. Realists maintain there are. Irrealists deny this. Here I defend an alternative, methodologically-oriented position wherein the denial of genuine moral dilemmas functions as a regulative ideal for moral deliberation and practice. That is, moral inquiry and deliberation operate on the implicit assumption that there are no genuine moral dilemmas. This view is superior to (...) both realism and irrealism in accounting for moral residue and other crucial phenomenological dimensions of our experience of moral dilemmas. (shrink)

James’s “The Moral Philosopher and the Moral Life” sheds light not only on his views on ethics but also on his general approach to objectivity. Indeed, the paper is most interesting not for the ethical theory it defends but for its general openness to the possibility of our ethical claims lacking objective truth conditions at all. James will turn out to have a very demanding account of what it would take to construct something like objective ethical norms out of more (...) naturalistically respectable material such as our evaluative practices, but in doing so, he also faces up to the possibility that this objectivity is something we may fail to achieve. This comparatively pessimistic prospect in turn explains his surprising pivot toward the divine at the end of the “The Moral Philosopher and the Moral Life” (MPML) James’s appeal to the divine is characteristically idiosyncratic, however, and this paper will attempt to explain how it fits in with the more generally naturalistic framework that dominates the rest of the paper. (shrink)

The focus of this article is on the place of the limited-liability joint stock corporation in a satisfactory account of social justice and, more specifically, the question of how such corporations should be regulated and taxed in order to secure social justice. -/- Most discussion in liberal political philosophy looks at state institutions, on the one hand, and individuals, on the other hand, without giving much attention to intermediate institutions such as corporations. This is in part a consequence of a (...) certain degree of idealization in terms of the background model of society with which such theories operate. Intermediate institutions are in an important sense optional or discretionary, and one would be hampering an account of justice if it built-in from the start particular kinds of institutions which we could imagine doing without. The only non-state institution that has received adequate attention in political philosophy is the nuclear family, in part because of its pervasiveness and resilience. But the corporation is probably second only to the family in its significance, in terms of its effects on the lives of individuals, and yet has been left without adequate attention. (shrink)

While the debate on values in science focuses on normative questions on the level of the individual (e.g. should researchers try to make their work as value free as possible?), comparatively little attention has been paid to the institutional and professional norms that researchers are expected to follow. To address this knowledge gap, we conduct a content analysis of leading national codes of conduct for research integrity of European countries, and structure our analysis around the question: do these documents allow (...) for researchers to be influenced by “non-epistemic” (moral, cultural, commercial, political, etc.) values or do they prohibit such influence in compliance with the value-free ideal (VFI) of science? Our results return a complex picture. On the one hand, codes of conduct consider many non-epistemic values to be a legitimate influence on the decision-making of researchers. On the other, most of these documents include what we call _VFI-like positions_: passages claiming that researchers should be free and independent from any external influence. This shows that while many research integrity documents do not fully endorse the VFI, they do not reject it and continue to be implicitly influenced by it. This results in internal tensions and underdetermined guidance on non-epistemic values that may limit some of the uses of research integrity codes, especially for purposes of ethical self-regulation. While codes of conduct cannot be expected to decide how researchers should act in every instance, we do suggest that they acknowledge the challenges of how to integrate non-epistemic values in research in a more explicit fashion. (shrink)

In the global justice literature, growing attention has been given to problems particular to a globalised economy such as tax competition. Political philosophers have started to reflect on how these problems intersect with theories of global justice. This paper explores the idea according to which action-guiding principles of justice can only be formulated at such intersections. This is the starting point from which I develop a ‘non-ideal theory’ of global justice. The methodology of this theory posits that principles of (...) justice are formulated according to the practice they are intended to regulate. Individual practices provide insights about the formulation of principles, for the non-ideal circumstances that prevent the realisation of justice are only revealed through the interpretation of each practice. With regard to the content of principles, I reject the notion that non-ideal theory is applied ideal theory. I offer instead an overview of the main features of a conception of justice for a non-ideal world based on the ideas of compliance, fact-sensitivity, feasibility and path-dependence. The contribution of this paper is twofold: to provide the conceptual framework for an action-guiding non-ideal theory of global justice and to show why this theory is well-suited to address problems of a globalised economy, such as tax competition. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast to (...) the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

Over the course of the twentieth century, the notion of the systematicity of thought has acquired a much narrower meaning than it used to carry for much of its history. The so-called “systematicity debate” that has dominated the philosophy of language, cognitive science, and AI research over the last thirty years understands the systematicity of thought in terms of the compositionality of thought. But there is an older, broader, and more demanding notion of systematicity that is now increasingly relevant again. (...) To recover this notion from under the shadow of the systematicity debate, I distinguish between (i) the systematicity of thinkable contents, (ii) the systematicity of thinking, and (iii) the ideal of systematic thought. I then deploy this distinction to critically evaluate Fodor’s systematicity-based argument for the language of thought hypothesis before recovering the notion of the systematicity of thought as a regulative ideal, which has historically shaped our understanding of what it means for thought to be rational, authoritative, and scientific. To assess how much systematicity we need from AI models, I argue that we must look to the rationales for systematizing thought. To this end, I recover five such rationales from the history of philosophy and identify five functions served by systematization. Finally, I show how these can be used to arrive at a dynamic understanding of the need to systematize thought that can tell us what kind of systematicity is called for and when. (shrink)

There are three ways to control our future conduct: by causing it, by manipulating our future selves, or by taking future-directed decisions. I show that the standard accounts of future-directed decisions fail to do justice to their distinctive contribution in intentional diachronic agency. The standard accounts can be divided in two categories: First, those that conflate the operation of decisions with that of devices for either physical constraint or manipulative self-management. Second, accounts that, although they acknowledge the non-manipulative nature of (...) decisions, offer too restrictive a view of source of their effectiveness over time. I argue that a comprehensive view of decisions must acknowledge that there is a variety of ways in which they can be effective, which range from the exercise of rational authority to the reliance on sub-agential psychological propensities. What keeps all of these mechanisms together as possible explanations of the role of decisions in supporting diachronic intentional agency is that these mechanisms operate under a common regulative ideal of diachronic agency: the agent’s reliance on the continuous sense of the stability of the choiceworthiness of the action, regardless of her prior decision to perform it. In light of this regulative ideal, the contribution of effective decisions to diachronic agency is thus in principle dispensable although usually necessary for limited beings like us. (shrink)

ABSTRACT:Many companies engage in dialogue with nongovernmental organizations about societal issues. The question is what a regulative ideal for such dialogues should be. In the literature on corporate social responsibility, the Habermasian notion of communicative action is often presented as a regulative ideal for stakeholder dialogue, implying that actors should aim at consensus and set strategic considerations aside. In this article, we argue that in many cases, communicative action is not a suitable regulative ideal (...) for dialogue between companies and NGOs. We contend that there is often an adversarial element in the relation between companies and NGOs, and that an orientation towards consensus can be in tension with this adversarial relation. We develop an alternative approach to stakeholder dialogue called ‘agonistic deliberation.’ In this approach, conflict and strategic considerations play a legitimate and, up to a certain point, desirable role. (shrink)

Schaffner’s model of theory reduction has played an important role in philosophy of science and philosophy of biology. Here, the model is found to be problematic because of an internal tension. Indeed, standard antireductionist external criticisms concerning reduction functions and laws in biology do not provide a full picture of the limits of Schaffner’s model. However, despite the internal tension, his model usefully highlights the importance of regulative ideals associated with the search for derivational, and embedding, deductive relations among (...) mathematical structures in theoretical biology. A reconstructed Schaffnerian model could therefore shed light on mathematical theory development in the biological sciences and on the epistemology of mathematical practices more generally. *Received November 2006; revised March 2009. †To contact the author, please write to: Philosophy Department, University of California, Santa Cruz, 1156 High St., Santa Cruz, CA 95064; e‐mail: [email protected]. (shrink)

Objectivity may be a useful regulative ideal for inquiry, but here I ponder to what extent it may be thought of more as a political ideology than an epistemological methodology. By tracing objectivity to its political origins, I aim to problematize this ideal as we tend to understand it - as one demanding that we eliminate the influence of certain subjective features - and to sketch a new conception of this ideal that accommodates (rather than dismisses) (...) the role of these features in inquiry. (shrink)

If a problem is the collision between a system and a fact, Spinozism and German idealism’s greatest problem is the corpse. Life’s end is problematic for the denial of death’s qualitative difference from life and the affirmation of nature’s infinite purposiveness. In particular, German idealism exemplifies immortalism – the view that life is the unconditioned condition of all experience, including death. If idealism cannot explain the corpse, death is not grounded on life, which invites mortalism – the view that death (...) is the unconditioned condition of experience. In “Philosophical Letters,” Schelling critiques idealism, arguing that death symbolizes the regulative ideal of a philosophical system’s derivation, our striving for which unifies our rational activity. I interpret Schelling’s critique as explaining how death puts philosophy into question, an idea he develops in the Freedom essay and Berlin lectures. Death is not a problem to be solved by a system, but represents philosophy’s highest yet unrealizable end. (shrink)

I show why Michael Friedman’s idea that we should view new constitutive frameworks introduced in paradigm change as members of a convergent series introduces an uncomfortable tension in his views. It cannot be justified on realist grounds, as this would compromise his Kantian perspective, but his own appeal to a Kantian regulative ideal of reason cannot do the job either. I then explain a way to make better sense of the rationality of paradigm change on what I take (...) to be Friedman’s own terms. (shrink)

Many have claimed that legitimate constitutional democracy is either conceptually or practically impossible, given infinite regress paradoxes deriving from the requirement of simultaneously democratic and constitutional origins for legitimate government. This paper first critically investigates prominent conceptual and practical bootstrapping objections advanced by Barnett and Michelman. It then argues that the real conceptual root of such bootstrapping objections is not any specific substantive account of legitimacy makers, such as consent or democratic endorsement, but a particular conception of the logic of (...) normative standards—the determinate threshold conception—that the critic attributes to the putatively undermined account of legitimacy. The paper further claims that when we abandon threshold conceptions of the logic of legitimacy in favor of regulative-ideal conceptions, then the objections, from bootstrapping paradoxes to the very idea of constitutional democracy, disappear. It concludes with considerations in favor of adopting a more demanding conception of the regulative ideal of constitutional democracy, advanced by Habermas, focusing on potentials for developmental learning. (shrink)

Whether and to what extent Ernst Cassirer’s philosophy of culture contains a normative element for the proper evaluation of symbolic forms is a central question in Cassirer interpretation. In this paper, my aim is to specify the nature of this normative element. I not only assert the existence of a real normative dimension in the philosophy of culture, but also specify the nature of its main element: the concept of freedom. The concept of freedom in Cassirer is by no means (...) an explicit facet of his systematic thought. However, this does not indicate that this is not an important part of his system. Rather, it might mean that Cassirer either thought it so basic he didn’t need to explicate it or he thought that it would be made clear through his exposition of symbolic forms. I will proceed by arguing for a “normative space” in Cassirer’s philosophy of culture. By “normative space” I mean a certain limitation to the philosophy of culture that makes room for the free act of the cultural agent for which she is responsible. In other words, by “normative space” I mean to suggest that Cassirer meant to leave room, and a prominent seat, for the normative element in the philosophy of culture. After establishing this, I will suggest that this normative task in the philosophy of culture is, from a first-person perspective, inevitably connected to the descriptive task, but from a third-person perspective, conceptually distinct. I will then move to better define what I take to be the main value of the normative task: freedom. The freedom that Cassirer defends is an ethical conception understood as both a constitutive norm for cultural action and a regulative ideal for the evaluation of cultural objects. Understanding freedom in this way allows us to conceive of it both as a fundamental phenomenon and an evaluative standard. (shrink)

In the first half of the 20 th century, philosophers of science used to sustain that the correct theory acceptance in science derived from their conforming to certain rules. However, from the historicist and practical turn in the philosophy of science, the theory acceptance started to be analyzed based on values rather than on a priori established rules. In this article, I will present four paradigmatic positions on the role of values in science. The first position, articulated by Hugh Lacey, (...) defends a regulative ideal of 'impartiality' in the acceptance of scientific theories as established. The other positions convey arguments that seem to conflict with this ideal. I characterize them as 'blind spot argument', 'inductive risk argument' and 'trust-based acceptance argument'. Based on this analysis, I will defend two main theses. My first thesis is that the ideal of impartiality is compatible with the arguments just mentioned. My second thesis is that the defense of impartiality has the advantage of providing a support for the epistemic authority of properly established scientific knowledge. Following Lacey, I will argue that theories can only be accepted as established under specified domains of phenomena. However, theories are accepted for other purposes, for example, when they are adopted to develop research or when they are endorsed to inform the legitimacy of an action. In such cases of theory acceptance, impartiality is neither possible nor desirable, which requires the support of other ideals. (shrink)

The question of possible moral conflict between commitment to family and to impartiality is particularly relevant to traditional Confucian thought, given the importance of familial bonds in that tradition. Classical Confucian ethics also appears to lack any developed theoretical commitment to impartiality as a regulative ideal and a standpoint for ethical judgment, or to universal equality. The Confucian prioritizing of family has prompted criticism of Confucian ethics, and doubts about its continuing relevance in China and beyond. This chapter (...) assesses how those sympathetic to the Confucian vision of the good life might respond. It first explores Confucian conceptions of love and the importance of familial love. Next, problems arising from this commitment to partiality are discussed, and how a modern Confucian ethics might respond. I explore what notions of impartiality—understood largely pragmatically, as a value that functions in everyday social life rather than as an explicit moral principle that guides deliberation or judgment—can be derived from an ethics that focuses on family commitments. (shrink)

Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do (...) particular conceptions of the rule of law affect Aboriginal claims? Can a distinctive body of Aboriginal law survive in a liberal constitutional state already constituted in part by regulative ideals of the rule of law? (shrink)

In this paper, I argue that knowledge of philosophical propositions can and should perform a role as regulative ideal in high school philosophy classes. Roughly speaking, I think that there are two kinds of knowledge assumed in high school philosophy classes: the first, which, for convenience, I shall call philosophical dispositional knowledge, and the philosophical propositional knowledge. The first one consists in the knowledge that takes into account only certain philosophical skills such as thesis identification, argument identification etc. (...) The second one involves the guarantee of the truth of a philosophical proposition through justification. I argue that the philosophical dispositional knowledge, although it is a sufficient epistemological presupposition to be assumed for the preparation of high school philosophy classes, it is not necessary. This is because this kind of knowledge does not sufficiently plays a role as the ultimate goal in philosophy classes, if we consider that Philosophy itself, by its authors, has the philosophical propositional knowledge as an ultimate goal. Further, I argue that the first kind of knowledge is properly understood only if it is regulated by the second kind of knowledge ideal. Thus considered, besides the fact that, in this way, we in fact make Philosophy present itself in high school classes, we will have considerable gains for the students’ posture in face of the fundamental philosophical problems. (shrink)

In this article I propose to reframe debates about ideals of emotion in medicine, abandoning the current binary setup of this debate as one between ‘clinical detachment’ and empathy. Inspired by observations from my own field work and drawing on Sky Gross’ anthropological work on rituals of practice as well as Henri Lefebvre’s notion of rhythm, I propose that the normative drive of clinical practice can be better understood through the notion of attunement. In this framework individual types of emotions (...) are not, as such, appropriate or inappropriate, but are evaluated depending on their synchronicity with the specific rhythms of the practice. To set up this proposal, I show how typical arguments about emotions in medicine—what I call emotion-entity focused frameworks—are insufficient. I then draw on ethnographic observations from two orthopaedic departments and interviews with medical practitioners to show (1) how clinical practice is driven by rhythmicity, shaped in the case of orthopaedic surgery by a clinical aim of efficient, controlled intervention, and (2) how clinicians continuously refer to this drive and the flow of rhythms when evaluating inappropriate or problematic emotion. I argue that the use of a rhythm framework rather than ideals of detachment or empathy allows for a sensitivity to the complexity and situation-dependent elements of emotional ideals in clinical practice; and I end by proposing the term ‘attuned concern’—which stresses the importance of regulation and adjustment to circumstances rather than of maintaining a constant distance/involvement—as a more fitting alternative to ‘clinical detachment’. (shrink)

A strong motivation for the human genome project was to relate biological features to the structure and function of small sets of genes, and ideally to individual genes. However, it is now increasingly realized that many problems require a "systems" approach emphasizing the interplay of large numbers of genes, and the involvement of complex networks of gene regulation. This implies a new emphasis on integrative, systems theoretical approaches. It may be called 'holistic' if the term is used without irrational overtones, (...) in the general sense of directing attention to integrated features of organs and organisms. In the history of biology, seemingly conflicting reductionist and holistic notions have alternated, with bottom-up as well as top-down approaches eventually contributing to the solutions of basic problems. By now, there is no doubt that biological features and phenomena are rooted in physico-chemical processes of the molecules involved; and yet, integrated systems aspects are becoming more and more relevant in developmental biology, brain and behavioural science, and socio-biology. -/- . (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...) regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

The nature of Kant’s criticism of his pre-Critical ‘possibility proof’ for the existence of God, implicit in the account of the Transcendental Ideal in the Critique of Pure Reason, is still under dispute. Two issues are at stake: the error in the proof and diagnosis of the reason for committing it. I offer a new way to connect these issues. In contrast with accounts that locate the motivation for the error in reason’s interest in an unconditioned causal ground of (...) all contingent existence, I argue that it lies in reason’s interest in another kind of unconditioned ground, collective unity. Unlike the conception of the former, that of the latter directly explains the problematic ontological assumption of the possibility proof, the existence of intelligible objects as the ground of possibility. I argue that such Platonic entities are assumed because they are amenable to the kind of unity prescribed by reason. However, since the interest in collective unity has a legitimate regulative use when applied to the systematic unity of nature, the conception of God entailed by the possibility proof is retained as a regulative idea of reason. (shrink)

In this book I offer a critical, comparative and empirically-informed defense of Islamic schools in the West. To do so I elaborate an idealized philosophy of Islamic education, against which I evaluate the situation in three different Western countries. I examine in detail notions of cultural coherence, the scope of parental authority v. a child's interests, as well as the state's role in regulating religious schools. Further, using Catholic schools as an analogous case, I speculate on the likely future of (...) Western Islamic schools. (shrink)

Straightening the current ‘value-laden turn’ (VLT) in the philosophical literature on values in science, and reviving the legacy of the value-free ideal of science (VFI), this paper argues that the influence of extra-scientific values should be minimised—not excluded—in the core phase of scientific inquiry where claims are accepted or rejected. Noting that the original arguments for the VFI (ensuring the truth of scientific knowledge, respecting the autonomy of science results users, preserving public trust in science) have not been satisfactorily (...) addressed by proponents of the VLT, it proposes four prerequisites which any model for values in the acceptance/rejection phase of scientific inquiry should respect, coming from the fundamental requirement to distinguish between facts and values: (1) the truth of scientific knowledge must be ensured; (2) the uncertainties associated with scientific claims must be stated clearly; (3) claims accepted into the scientific corpus must be distinguished from claims taken as a basis for action. An additional prerequisite of (4) simplicity and systematicity is desirable, if the model is to be applicable. Methodological documents from international institutions and regulation agencies are used to illustrate the prerequisites. A model combining Betz’s conception (stating uncertainties associated with scientific claims) and Hansson’s corpus model (ensuring the truth of the scientific corpus and distinguishing it from other claims taken as a basis for action) is proposed. Additional prerequisites are finally suggested for future research, stemming from the requirement for philosophy of science to self-reflect on its own values: (5) any model for values in science must be descriptively and normatively relevant; and (6) its consequences must be thoroughly assessed. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

This paper proposes a novel educational approach to epistemic vice rehabilitation. Its authors Gerry Dunne and Alkis Kotsonis note that, like Quassim Cassam, they remain optimistic about the possibility of improvement with regard to epistemic vice. However, unlike Cassam, who places the burden of minimizing or overcoming epistemic vices and their consequences on the individual, Dunne and Kotsonis argue that vice rehabilitation is best tackled via the exemplarist animated community of inquiry zetetic principles and defeasible-reasons-regulated deliberative processes. The vice-reduction method (...) they propose is made up of four distinct yet complementary components: (1) positive exemplarism of epistemic virtue (saints), (2) negative exemplarism of epistemic vice (sinners), (3) direct teaching/instruction, and (4) cognitive apprenticeship. Dunne and Kotsonis argue that this pedagogical intervention appropriately considers learnings deriving from forensic scrutiny of both ideal and non-ideal interpersonally calibrated zetetic features integral to knowledge acquisition as well as wider societal influences impacting the development of agents' epistemic character. It bridges research on vice epistemology (Cassam's obstructivist theory), social epistemology (corrupted social processes mitigating against vice rehabilitation), virtue epistemology, and moral exemplarism. (shrink)

In this chapter, we explore a tension between the mindshaping hypothesis and commonsense Western ideas about moral agency and its relation to the social world. To illustrate this tension, we focus on the phenomenon of virtue signaling. We argue that moral intuitions about the perniciousness of virtue signaling reflect an individualistic conception of agency that we call the inside-out ideal. We argue that this ideal fits poorly with the deeply social, interactive, and regulative portrait of human nature (...) revealed by the mindshaping hypothesis. As an alternative to the inside-out ideal, we advocate for a more outside-in conception of agency. We argue that recent work on self control fits with such a conception, and show how it provides the virtue signaler with a path towards genuine moral growth that is scaffolded by mindshaping dynamics connected to reputational incentives and communal support, and should be accepted as perfectly morally legitimate. (shrink)

According to the Market Failures Approach to business ethics, beyond-compliance duties can be derived by employing the same rationale and arguments that justify state regulation of economic conduct. Very roughly the idea is that managers have a duty to behave as if they were complying with an ideal regulatory regime ensuring Pareto-optimal market outcomes. Proponents of the approach argue that managers have a professional duty not to undermine the institutional setting that defines their role, namely the competitive market. This (...) answer is inadequate, however, for it is the hierarchical firm, rather than the competitive market, that defines the role of corporate managers and shapes their professional obligations. Thus, if the obligations that the market failures approach generates are to apply to managers, they must do so in an indirect way. I suggest that the obligations the market failures approach generates directly apply to shareholders. Managers, in turn, inherit these obligations as part of their duties as loyal agents. (shrink)

This article reviews and criticizes Joseph Heath’s market failures approach (MFA) to business ethics. Our criticism is organized into three sections. First, we argue that, even under the ideal assumptions of perfect competition, when markets generate Pareto-efficient distributions, Heath’s approach does not rule out significant harms. Second, we show that, under nonideal conditions, the MFA is either too demanding, if efficiency is to be attained, or not sufficiently demanding, if the goal of Pareto efficiency is abandoned. Finally, we argue (...) that Heath’s appeal to regulations and specific moral requirements as a remedy for market failures is unlikely to safeguard efficiency and exposes a number of general worries regarding the moral force of the MFA. We end this article with a constructive suggestion on how to adjust the MFA to avoid these problems while preserving its contractualist and Paretian spirit. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...) the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

Bioinformatics scientists often describe their own scientific activities as the practice of working with large amounts of data using computing devices. An essential part of their self-identification is also the development of ways to visually represent the results of this work. Some of these methods are aimed at building convenient representations of data and demonstrating patterns present in them (graphics, diagrams, graphs). Others are ways of visualizing objects that are not directly accessible to human perception (microphotography, X-ray). Both the construction (...) of visualizations and (especially) the creation of new computer visualization methods are considered in bioinformatics as significant scientific achievements. Representations of the three-dimensional structure of protein molecules play a special role in the inquiries of bioinformatics scientists. 3D-visualization of a macromolecule, on the one hand, is, like a graph, a representation of the results of computer processing of data arrays obtained by material methods – spatiotemporal coordinates of structural elements of the molecule. On the other hand, like microphotography, these 3D structures should serve as accurate representations of specific scientific objects. This leads to the parallel existence of two contradictory epistemic regimes: creative arbitrariness in making convenient, communicatively successful models, is combined with commitment to the object “as it really is”. The paradox is reinforced by the fact that the scientific study of objects in question (determining the properties of the structure, its functions, comparison with other structures) by means of computers does not require visualization at all. Its obviously high value for bioinformatics does not look justified if we take into account the prominent artificiality and artistry of the resulting images. However, the status of these images becomes clearer if we relate them to earlier notions of the role of the visual in scientific discovery. The highest estimation of visualization as the final result of scientific research was characteristic of Renaissance science. The artistic representation of ideal essential properties, instead of a strict correspondence to a particular biological object, is an epistemic virtue typical of the naturalists of the 17th and 18th centuries. Both suggested a close collaboration between the scientist and the artist; and standards for visualizing macromolecules in bioinformatics grow out of a similar collaboration (Geis’ drawings). The desire for maximum accuracy and detail inherits the regulation of “mechanical objectivity” (as Daston and Galison put it into words), for which it is also important to eliminate humans from the image production process (in bioinformatics, to transfer these functions to computer programs). Thus, 3D-visualization of protein structures bears traces of historically different value orientations, but the scientific practice of the 20th and 21st centuries, supplemented by computer technologies, allows them to be intertwined in particular disciplinary units. (shrink)

In many areas, technology has facilitated many things, diagnosing diseases, regulating traffic and teaching students in schools rely on Intelligent systems to name a few. At present, traditional classroom-based education is no longer the most appropriate in schools. From here, the idea of intelligent e-learning for students to increase their culture and keep them updated in life began. E-learning has become an ideal solution, relying on artificial intelligence, which has a footprint in this through the development of systems based (...) on education without a teacher taking into account the individual differences of students. This study describes intelligent tutoring system for teaching the Data Manipulation Language (DML) Commands Using SQLite to non IT students to overcome the difficulties they face. The System was built as education system by using the researcher own authoring tool that based on mobile and web App. The basic idea of this system is a systematic introduction into the concept of Database and its DML query. The system presents the topic of DML Commands, help student to execute what they are learn from the system content using the practical part of the system and administers automatically adapted at run time to the student’s individual growth. The system was assessed by a group of teachers and students and the outcome showed as 91% from the database specialists, 94% from Diploma students group and 89% from the secondary school students group. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

Some people may think that libertarianism and meritocracy have much in common; that the libertarian's ideal world looks like the meritocrat's ideal world; and that the public policies guiding us to each are one and the same. This is wrong in all respects. In this essay I explain why. -/- After providing an overview of meritocratic justice, I argue that meritocracy is a more compelling theory of distributive justice than libertarianism. Meritocracy better protects the core value of personal (...) responsibility; incorporates efficiency-enhancing regulation which libertarianism cannot; provides more positive liberty; and solves salient, real-world debates about distributive justice. (shrink)

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review five kinds of (...) arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

As the multiple issues of the digital public sphere threaten our democracies and the cohesion of our societies, most attempts for a betterment of the digital networks and platforms revolve around a risk-response approach. This paper takes the opposite approach and develops a positive definition of the ideal ethical public sphere, combining normative features with original taxonomies. In view of defining common standards for a healthy digital public sphere, this paper offers an interdisciplinary literature review, and original recommendations, before (...) discussing potential leverages for implementing these changes. The suggested ethical normative features derive from a positive approach to the digital public sphere, as ideal common standards. Sustained by the underlying assumption that the composite landscape of the media ecosystem and its different layers (networks, platforms, users) cannot be steered by government regulations alone, the normative (deontological) approach serves to understand and justify the need for a normative approach, to help envision new pathways for an ethical transformation. (shrink)

For Hannah Arendt, the federal system is an effective mode of organizing different sources of power while avoiding sovereign politics. This article aims to contribute two specific claims to the burgeoning scholarship on Arendt's international federalism. First, Arendt's international thoughts call for balancing two demands: the domestic need for human greatness and flourishing and the international demand for regulation and cooperation. Second, her reflections on council-based federalism offer a nuanced position that views the dual elements of equality in politics (intra-state (...) and interstate equality) as neither contradictory nor reconciliatory but rather as ideal types along a continuum. This study shows that, through the unique form of federalism emphasizing the need to balance two demands of free politics with a clear acknowledgement of its precariousness, Arendt's thinking adds much-needed sensitivity to international discourse. (shrink)

Non‐governmental aid programs are an important source of health care for many people in the developing world. Despite the central role non‐governmental organizations play in the delivery of these vital services, for the most part they either lack formal systems of accountability to their recipients altogether, or have only very weak requirements in this regard. This is because most NGOs are both self‐mandating and self‐regulating. What is needed in terms of accountability is some means by which all the relevant stakeholders (...) can have their interests represented and considered. An ideally accountable decision‐making process for NGOs should identify acceptable justifications and rule out unacceptable ones. Thus, the point of this paper is to evaluate three prominent types of justification given for decisions taken at the Dutch headquarters of Médecins sans Frontières. They are: population health justifications, mandate‐based justifications and advocacy‐based justifications. The central question at issue is whether these justifications are sufficiently robust to answer the concerns and objections that various stakeholders may have. I am particularly concerned with the legitimacy these justifications have in the eyes of project beneficiaries. I argue that special responsibilities to certain communities can arise out of long‐term engagement with them, but that this type of priority needs to be constrained such that it does not exclude other potential beneficiaries to an undesirable extent. Finally, I suggest several new institutional mechanisms that would enhance the overall equity of decisions and so would ultimately contribute to the legitimacy of the organization as a whole. (shrink)

Gerald Dworkin provides an insightful starting point for determining acceptable paternalism through his commitment to protecting our future autonomy and health from lasting damage. Dworkin grounds his argument in an appeal to inherent goods, which this paper argues is best considered as a commitment to human flourishing. However, socialconnectedness is also fundamental to human flourishing and an important consideration when determining the just limits of paternalistic drug controls, a point missing from Dworkin’ essay. For British philosopher Thomas Hill Green, regulation (...) of alcohol sales emerged from the social ideal. Green argued that policy interventions, including restricted opening hours and locations, improved the conditions for humans to flourish. Green offers a compelling political vision but fails to account for the fact pleasure is also an inherent good. He focused excessively on our social nature, excluding our more pleasure-seeking and egoistic characteristics. In contrast, a more realistic and complete vision of human flourishing can be found in an amended version of Gerald’s Dworkin’s arguments. In conclusion, this paper argues drug policy makers should remain committed to the harm principle as applied to criminal law whereby a person should never be criminalized for self-harm. Such a limit on paternalistic interventions is deemed necessary when eudaimonia is the end of government action. In practical terms, this means that the criminalization of drug use, as opposed to drug production, is always unjust. (shrink)

This paper sketches a framework for the separation of church and state and, with the framework in view, indicates why a government’s maintaining such separation poses challenges for balancing two major democratic ideals: preserving equality before the law and protecting liberty, including religious liberty. The challenge is particularly complex where healthcare is either provided or regulated by government. The contemporary problem in question here is the contraception coverage requirement in the Obama Administration’s healthcare mandate. Many institutions have mounted legal challenges (...) to the mandate on grounds of religious freedom. The paper proposes a number of interconnected principles toward a resolution of the problem: for the institutional realm, specific principles for church-state separation and a principle concerning the protection of citizens’sense of identity; and for the ethics of citizenship in the conduct individuals, principles that provide an adequate place for natural (thus secular) reason in lawmaking and political decisions. (shrink)

One of Plato’s aims in the Phaedrus seems to be to outline an ‘ideal’ form of rhetoric. But it is unclear exactly what the ‘true’ rhetorician really looks like, and what exactly his methods are. More broadly, just how does Plato see the relation between rhetoric and philosophy? I argue, in light of Plato’s epistemology, that the “true craft (techne) of rhetoric” which he describes in the Phaedrus is a regulative, but also an unattainable ideal. Consequently, the (...) mythical palinode in the dialogue is not (as some have claimed) an example of the true techne—and indeed it could not be. But neither is dialectic. Rather, dialectic is the closest approximation of the true techne of rhetoric which can be had; that is to say, dialectic is the best and highest kind of psychagogia (a ‘leading of the soul through words’). Plato’s purpose in describing the “true techne of rhetoric”, then, is not to reform or to rehabilitate rhetoric, but to urge us to abandon it in favor of the philosophical life. One implication of this is that Plato is just as hostile toward rhetoric as he is in the Gorgias. (shrink)

In the 89th letter to Lucilius Seneca divides philosophy into three parts, namely ethics, physics, and logic. As philosophy in general he also divides its ethical parts into three parts: the first one has to do with value judgments, the second with impulses, and the third with actions. But instead of characterizing each of these parts and giving an overview of their contents he rather describes an ideal action: first, one makes a correct value judgment, then, one initiates a (...) regulated and ordered impulse, and finally, one brings this impulse into harmony with one’s external action by paying attention to the circumstances under which one intends to act. If each of these action moments has the mentioned character, one is consistent with oneself—an important step towards reaching full self-consistency, i.e., virtue. If those moments do not have the mentioned character, as for example in a passion, one cannot be consistent with oneself. As a result, one diverges from the goal of full self-consistency and thus from virtue. The thesis of my book takes up the parallel Seneca is drawing between ethics and its parts on the one hand and an action and its moments on the other hand. I argue that his ethics is based on an action theory that has as its main moments a judgment, an impulse and an external action. Within this theoretical framework, Seneca gives an answer to the question of what one should do in order to reach full self-consistency, i.e., virtue, which for a Stoic like him is a necessary and sufficient condition for happiness. My book, correspondingly, has two major parts: first, I am working out Seneca’s action theory and its philosophical origins, then, I am concerned with his ethics. In the first main chapter, I further argue that his action theory stems for the most part from the early Stoics, but that unlike them he has a concept of will. This concept, as I want to show in the second part, plays an important role in his ethics, too. (shrink)

Many contributors to debates about professional conscience assume a basic, pre-professional right of conscientious refusal and proceed to address how to ‘balance’ this right against other goods. Here I argue that opponents of a right of conscientious refusal concede too much in assuming such a right, overlooking that the professions in which conscientious refusal is invoked nearly always operate as public cartels, enjoying various economic benefits, including protection from competition, made possible by governments exercising powers of coercion, regulation, and taxation. (...) To acknowledge a right of conscientious refusal is to license professionals to disrespect the profession’s clients, in opposition to liberal ideals of neutrality, and to engage in moral paternalism toward them; to permit them to violate duties of reciprocity they incur by virtue of being members of public cartels; and to compel those clients to provide material support for conceptions of the good they themselves reject. However, so long... (shrink)

Ontological dualism of human rights, their ideal and real aspect, is what makes them paradoxical. Having this dual nature, do human rights serve to "moralize" or "civilize" people? Analyzing the basic concepts of Kant's philosophy of public law and history, the author concludes that the term "moral rights" is contradictory , that one cannot talk about them in both senses simultaneously and avoid the paradox. If we regard them as juridical law, human rights play a constitutive role in the (...) legislation of a particular country and what analytically follows is the law as coercion. However, if we understand them as moral laws, they will not be regarded as coercion and their function will be strictly regulative. (shrink)

The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law forbids and is (...) otherwise left ’free’ without interference and coercion. For Montesquieu, liberty is a positively elaborated ideal with normative demands and a set of “necessary relations” that citizens must form. The result is that a life of liberty is defined in a significant way by the laws that bind a citizen because liberty is not the freedom to construct different ways of life, but the freedom to live securely within a particular way of life. I highlight this overlooked feature of The Spirit of the Laws by mobilizing Aron, Althusser and Durkheim’s work on the law in Montesquieu to draw out the implications of Montesquieu’s notion of law for liberty. (shrink)