This forum contribution addresses two major themes in de Goede’s original essay on ‘Financial security’: (1) the relationship between stable markets and the proverbial ‘security dilemma’; and (2) the development of new decision-technologies to address risk in the post-World War II period. Its argument is that the confluence of these two themes through rational choice theory represents a fundamental re-evaluation of the security dilemma and its relationship to the rule of law governing market relations, ushering in an era of perpetual (...) physical and financial insecurity. (shrink)

In Kant’s “Doctrine of Right” there is a philosophical and interpretive puzzle surrounding the translation of a key concept: Gewalt. Should we translate it as “force,” “power,” or “violence”? This raises both general questions in Kant’s legal-political philosophy as well as puzzles regarding Kant’s definitions of “barbarism,” “anarchy,” “despotism,” and “republic” as the four possible political conditions. First, I argue that we have good textual reasons for translating Gewalt as “violence”—a translation which has the advantage that it answers these (...) questions and puzzles convincingly. Translating Gewalt as “violence” has two further, somewhat surprising advantages. It allows us to explain how human beings can be caught in situations with no morally good ways out, and it gives us an ideal Kantian refutation of the death penalty. I then explore Kant’s account of the establishment of public authorities by means of an analogy between the birth and development of a natural person (a human being) and an artificial one (a state). This analogy helps to clarify the difference between the necessary coercive element involved in ideally establishing a state and the likely violence involved in actually establishing one. The third and final section uses the ideas of barbarism, anarchy, despotism, and republic to identify four different types of political forces operating at any given time in actual historical societies. Once we use Kant’s theory to improve our understanding of the various challenges our historical societies present, we also realize the importance and usefulness of philosophical precision when we translate Gewalt as “violence” and correctly define barbarism, anarchy, despotism, and republic. (shrink)

In this paper I critically examine an influential argument in favor of political realism. The argument claims that international relations, by analogy with Hobbes’s state of nature at the individual level, are governed by anarchy which makes it irrational for states to observe the principles of morality and justice since there are no guarantees that they will be observed by other states. However, this analogy is unsustainable due to the differences that exist between agents on the international and individual (...) levels. Compared to the insecurity of the state of nature, the level of insecurity of international relations is lower, which makes it possible for co-operation between states to be established. This conclusion is additionally corroborated by insights of the game theories, especially those of iterated prisoner’s dilemma. (shrink)

This paper responds to an ingenious footnote from Robert Nozick’s book Anarchy, State, and Utopia. Using a table of four possible situations, Nozick defines what it is to be jealous, envious, begrudging, spiteful and competitive. I deny a claim that Nozick makes for his table, a claim needed for these definitions. I also point out that Nozick fails to capture what he has in mind by jealousy.

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

My very first published article as a graduate student in 1995 in a peer-reviewed journal (PoMo Magazine) that no longer exists. Published in PoMo Magazine, vol. 1, nr. 1 (Spring/Summer 1995). I elaborate a non-metaphysical phenomenology that is at the same time a way of thinking and a way of being "without why." My starting point is Reiner Schürmann's anarchistic interpretation of Heidegger. It was my first (somewhat sophmoric) attempt to develop a kind of ontology.

Nozick’s entitlement theory of justice has its major attempts to defend the institution of private property and to criticize the redistributive measures on the part of government. Nozick frowns at Rawls’ approach and the approach of welfare economics, which focused on evaluating only current time-slices of a distribution with no concern about the procedural aspects of justice. His notion of distributive justice has its anchorage on the account of what and how a given person is entitled to in virtue of (...) what he has acquired and earned. While Rawls, whose position seems incompatible with that of Nozick holds a notion of justice on the account of the equality of the claims of each person in respect of basic needs and of the means to meet such needs. Nozick’s theory is a reaction against Rawls’ notion of distributive justice which he terms patterned, and of which he feels if upheld would consistently interfere with individual’s rights. This paper therefore argues that contrary to what Robert Nozick seems to suggest we do not see his theory as all satisfying nor any alternative, rather we are convinced that the inherent merits of his theory would suitably complement other patterned theories of distributive justice. This paper employed the expository method as well as critical analysis and prescriptive methods. (shrink)

'. . . this book will be valuable to upper-division and graduate students interested in the validity of SC theories.'-PERSPECTIVES ON POLITICAL SCIENCE.

This is a greatly expanded version of my article "Anarchism and the Beats," which was published in the book, The Philosophy of the Beats, by the University Press of Kentucky in 2012. It is both an historical and a philosophical analysis of the postwar American counterculture. It charts the historical origins of the postwar American counterculture from the anarchists and romantic poets of the early nineteenth century to a complex network of beat poets and pacifist anarchists in the early decades (...) after World War II. The beat poets understood themselves to be religious prophets of a new form of liberated consciousness. Poetry was both a means to achieve this new form of consciousness and a means to express that consciousness once it was achieved by other means including travel, psychedelic drugs, sex or meditation. The transformation of consciousness sought by the beats was therefore primarily religious in nature, not political or ideological. However, that does not mean that the beats believed that the transformation of consciousness they sought had no political or social implications. On the contrary, the beats were almost all anarchists. It merely means that, for them, political ideology follows consciousness, not the reverse. (shrink)

In Anarchie, Staat, Utopia aus dem Jahre 1974 legte Robert Nozick eine libertäre Staatstheorie dar, die er auch als Utopie verstanden wissen will. Ist nun diese Selbst-Etikettierung berechtigt? Hierzu möchte ich sowohl Nozicks Auffassung von einer Utopie betrachten, als auch nach einem sinnvollen Utopie-Begriff suchen, dem ein als utopisch bezeichneter Text zu genügen hat. Dabei werde ich hauptsächlich den Blick auf Thomas Morus’ genre-prototypischen Text über die Insel Utopia richten. Neben der Frage, ob Nozicks Staatstheorie als Utopie bezeichnet werden sollte, (...) möchte ich zum Schluß versuchen, eine Antwort auf die Frage zu finden, warum sich Nozick eines Begriffs bedient, der im allgemeinen Sprachgebrauch durchaus nicht immer positiv verstanden wird. (shrink)

Zero and one. Circumference and diameter. Intelligent anarchy. Explanation for abstraction (as a noun) (as a verb).

Every metaphysic, according to Reiner Schürmann, involves the positing of a first principle for thinking and doing whereby the world becomes intelligible and masterable. What happens when such rules or norms no longer have the power they previously had? According to Cornelius Castoriadis, the world makes sense through institutions of imaginary significations. What happens when we discover that these significations and institutions truly are imaginary, without ground? Both thinkers begin their ontologies by acknowledging a radical finitude that threatens to destroy (...) meaning or order. For Schürmann it is the ontological anarchy revealed between epochs when principles governing modes of thinking and doing are foundering but new principles to take their place have not yet emerged. For Castoriadis it is chaos that names the indeterminationdetermination that governs the unfolding of the socio-historical with contingency and unpredictability. And yet for both thinkers their respective ontologies have political or ethical implications. On the basis of the anarchy of being, Schürmann unfolds an anarchic praxis or ethos of “living without why.” And on the basis of his notion of being as chaos, Castoriadis develops his political praxis of autonomy. The challenge for both is this move from ontology to practical philosophy, how to bridge theory and practice. The key for both seems to be a certain ontologically derived sense of freedom. In this paper, I analyze and compare their respective thoughts, and pursue the question of how anarchy or chaos and the implied sense of an ontological freedom might be made viable and sensible for human praxis, how radical finitude in the face of ontological groundlessness might nevertheless serve to situate a viable political praxis. (shrink)

In Anarchy, State and Utopia, Robert Nozick argues, first, that free-market anarchism is unstable -that it will inevitably lead back to the state; and, second, that without a certain "redistributive" proviso, the model is unjust. If either of these things is the case, the model defeats itself, for its justification purports to be that it provides a morally acceptable alternative to government (and therefore to the state). I argue, against Nozick's contention, that his "dominant protection agency" neither meets his (...) monopoly condition for statehood nor need run afowl of his redistributive requirement. This being the case, his argument against free market anarchism fails. (shrink)

Giovanbattista Tusa explores the geophilosophical possibility of rethinking the figure of the earth in twentieth-century Western philosophical thought and suggest new opportunities for thinking that open up with the twenty-first century. On the one hand, “Earth” as a Western concept has been reduced to an exhaustible resource—an endangered planet condemned to its own ending. On the other hand, another continent seems to have emerged in contemporary philosophical thought in reaction to this brutal relationship with the planet—“Earth” as a dark, impenetrable (...) and indestructible reserve, the last resource of thought. A materialization of an unconditional power, this Earth seems to reproduce the original need for a wild, ultimate refuge for the philosophical thought of the twentieth century. To this archaic Earth of thought, whose survival seems to depend on preserving itself untouched, and untouchable, I confront another possibility, the geo-anarchy of other earths—the material insurrection of planetary energies. (shrink)

In Anarchy, State, and Utopia, Robert Nozick made the argument that income redistribution violates the Kantian categorical imperative. Nozick’s retrospective enslavement argument is still used today in discussions about the moral justification of taxation. This article explicates four implicit premises of Nozick’s argument: the self-ownership principle, its fullness, the absence of restrictions on the appropriation of natural resources, and the absence of restrictions on the distribution of the fruits of cooperation. Without additional justification for each of these premises, Nozick’s (...) argument cannot show that income redistribution violates the categorical imperative. (shrink)

Central to Nozick’s Anarchy, State and Utopia is a defense of the legitimacy of the minimal state’s use of coercion against anarchist objections. Individuals acting within their natural rights can establish the state without committing wrongdoing against those who disagree. Nozick attempts to show that even with a natural executive right, individuals need not actually consent to incur political obligations. Nozick’s argument relies on an account of compensation to remedy the infringement of the non-consenters’ procedural rights. Compensation, however, cannot (...) remedy the infringement, for either it is superfluous to Nozick’s account of procedural rights, or it is made to play a role inconsistent with Nozick’s liberal voluntarist commitments. Nevertheless, Nozick’s account of procedural rights contains clues for how to solve the problem. Since procedural rights are incompatible with a natural executive right, Nozickeans can argue that only the state can enforce individuals’ rights without wronging anyone, thus refuting the anarchist. Thanks to Annette Dufner, Arnt Myrstad, Arthur Ripstein, Gopal Sreenivasan, James Sterba, Chloe Taylor, Sergio Tenenbaum, and Shelley Weinberg. Thanks also to Matt Zwolinski and Jonelle DePetro, who commented on earlier versions of the paper at the Central APA 2007 and at the 2006 Illinois Philosophical Association Conference (respectively). Finally, thanks to my graduate students at the University of Illinois at Urbana-Champaign for their active engagement with the ideas during a seminar on liberal theories of justice (fall 2007). (shrink)

Nozick argues, in “Anarchy, State, and Utopia”, correctly I think, that we can go from an equal distribution of wealth to an unequal one through just means. Nozick then asks: If people voluntarily move from a just distribution of wealth, D1, to a different distribution, D2, “isn’t D2 also just?” While Nozick thinks the new distribution of wealth, D2, is just, I think that it is at least possible to go from a just state of affairs to an un-just (...) state of affairs by just means. I then argue that any unequal distribution of wealth cannot maximize the good derived from wealth. Therefore, on the basis of plausible utilitarian ideas, any distribution of wealth that isn’t at least roughly equal is un-just, even if it was arrived at by just means from an equal and just distribution of wealth. (shrink)

The methodological anarchy that characterizes much recent research in artificial intelligence and other cognitive sciences has brought into existence (sometimes resumed) a large variety of entities from a correspondingly large variety of (sometimes dubious) ontological categories. Recent work in spatial representation and reasoning is particularly indicative of this trend. Our aim in this paper is to suggest some ways of reconciling such a luxurious proliferation of entities with the sheer sobriety of good philosophy.

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Abstract: Kant and Arendt on Barbaric and Totalitarian Evil -/- This paper starts by sketching Kant’s four ideal legal and political conditions—'anarchy,’ ‘despotism,’ ‘republic,’ and ‘barbarism’—before showing their usefulness for analyzing different political forces that may operate in any given society. Contrary to the common tendency in political philosophy to view our societies as either in the so-called ‘state of nature’ (‘anarchy’) or in ‘civil society’ (‘republic’), I propose that we might find ourselves in societies where aspects or (...) ‘pockets’ of our lives are subject to any one of these (anarchic, despotic, republican, and barbaric) political forces. I then combine Kant’s ideas on barbaric evil with Arendt’s ideas on totalitarian evil, which gives us a four-fold conception of political evil. This fourfold distinction is then used to identify some types and patterns of destructive political forces as they occur in actual, historical societies, such as racist, sexist, or heterosexist violence and oppression. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I (...) shall spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

Dans son article « L’anarchie en philosophie politique », Francis Dupuis-Déri (2007) tente de réhabiliter l’anarchisme face au silence dont il est victime en philosophie politique. Dans cet article, j’entends accepter l’invitation de Dupuis-Déri à prendre au sérieux l’anarchisme et, plus particulièrement, le modèle général d’organisation politique qu’il propose en tentant de répondre à cette question : l’anarchisme est-il un régime politique moralement défendable ? Je réponds par la négative en montrant que l’anarchisme fait face à un trilemme qu’il ne (...) peut, par définition, résoudre. Ainsi, (1) soit l’anarchisme n’est pas moralement souhaitable, (2) soit il se confronte aux mêmes problèmes que rencontrent (selon les anarchistes) la démocratie ainsi que les autres régimes politiques concernant l’autorité et la coercition, (3) soit son application, dans sa version « pragmatique », se réduit à des communautés, ce qui permet en quelque sorte d’évacuer les problèmes soulevés dans les deux autres branches du trilemme, mais ne les résout pas pour autant. (shrink)

In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..

Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the (...) Asymmetrical Value Claim: a dubious claim about the importance of choice relative to other valuable capacities. I argue that this misunderstands what is really valuable in life, and show how it causes libertarianism to generate counterintuitive public policy recommendations. (shrink)

In recent decades, interest in non-monogamous intimate relationships has grown rapidly. Polyamory, relationship anarchy, consensual or ethical non-monogamy, and more have become popular in academic and public discourse. These practices destabilize the privileging of heterosexual nuclear families and the assumption that romantic coupledom is the ultimate form of love. Non-monogamous approaches flout cultural norms of exclusivity by avowing that intimacy is compatible with multiple dyadic and/or multi-party relationships. This article explores Simone de Beauvoir's theory and practice of non-monogamy in (...) her theoretical writings and diaries. (shrink)

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents of (...) Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (shrink)

This age is characterized by the increasing humanization of a planet more and more subject to representation, visualization and prediction. The future, however, seems to herald the emergence of forces indifferent to this historical process. Our present is thus the time of this contradiction, as new forces affect all strata of our lives like a diffuse but deep trauma. Giovanbattista Tusa's text calls for a georealism that takes into account this time, a new form of planetary realism that assumes that (...) our time is emptied of all representable content and thus open to its own infinity, open to the encounter with what is not given, either as horizon or as memory. (shrink)

Kukathas’s proposed libertarian dilemma is introduced and two key criticisms of it stated. The following critical commentary then makes several main points. Kukathas’s account of libertarianism offers no theory of liberty at all, nor a coherent account of aggression. Consequently, he cannot see that his “Federation of Liberty” is not libertarian by a basic understanding of morals and non-invasive liberty, still less by a more precise theory of liberty. In trying to explain his “Union of Liberty,” Kukathas evinces considerable confusion (...) about the nature of libertarianism. His argument that a monopoly legal system is inevitable is also neither plausible nor libertarian. He has apparently overlooked the cogent arguments against Nozickian minarchy, and in favor of anarchy. It is concluded that the neglect of libertarian theories of liberty and anarchy is the underlying problem. (shrink)

Robert Nozick initiated one of the most inspired and inspiring discussions in political philosophy with his 1974 response in Anarchy, State, and Utopia to John Rawls’s 1971 account of distributive justice in A Theory of Justice. These two works have informed an enormous amount of subsequent, especially liberal, discussions of economic justice, where Nozick’s work typically functions as a resource for those defending more right-wing (libertarian) positions, whereas Rawls’s has been used to defend various left-wing stances. Common to these (...) discussions, as found in politics generally (where similar kinds of arguments frequently are used to defend right and the left-wing policies and conclusions) is that they end in rather stubborn stalemates: the right defending minimal states while the left defends more extensive states. Interesting, too, is that both Nozick and Rawls take themselves to be consistent with, inspired by, and furthering Kant’s freedom project in the development of their own theories of justice. In this paper, I start by outlining the structures of these debates with an emphasis on the original disagreements between Nozick and Rawls. I then show how neither theory actually employed Kant’s own theory of justice, but rather drew on or out (presumed) implications of his ethical theory. In the final sections, I argue that if Nozick and Rawls had instead used Kant’s theory of justice and not his ethics, not only would their individual theories have been stronger, but they could have found ways of overcoming the unproductive stalemates that characterize their own as well as subsequent related discussions of economic justice as we currently find them in much scholarly and contemporary political debate. (shrink)

In "Morals by Agreement", David Gauthier attempts to derive property rights from a moral principle called the Lockean proviso. The derivation fails, and the true implications of the moral principles which Gauthier invokes are quite different. These principles imply that persons have extensive liberties to use physical materials, but relatively few rights against interference by others in this use. Robert Nozick argues for an extensive system of property rights in "Anarchy, State, and Utopia"; his argument fails for similar reasons.

The central classical liberal insight is that private property appears both to protect personal liberty and to promote general productivity. By way of philosophically clarifying this insight, Escape from Leviathan (EfL) posits the extreme classical liberal, or libertarian, Compatibility Thesis: there is no long-term, systemic, practical conflict among economic rationality, interpersonal liberty, human welfare, and private-property anarchy (i.e., four plausible and relevant theories of these that are presupposed, or entailed, by libertarianism and consonant social science). The review (Liberty, November (...) 2002) holds that this extreme version is probably false and suggests that perhaps even EfL’s author would agree. He (still) does not, although he remains open to argument. But what anyone happens to believe at any particular moment is a piece of fleeting biography that is irrelevant to the truth of the thesis or the soundness of the arguments in EfL. (shrink)

Contra critical rationalism, the response begins by referring to “the variety of internalist and externalist versions of foundationalism” (Liberty, December 2002). But it makes no attempt to explain or defend any of them. Hence, no further criticism is due here. The response then argues that, “The critical rationalist method seems to suggest that Lester’s extreme compatibility thesis is probably false” because—quoting Escape from Leviathan (EfL)—“bold universal theories might be false, and probably are” and yet “he doesn’t think the thesis is (...) probably false”. And so this is, by implication, an inconsistent belief. But the Compatibility Thesis (CT) is not one of the “bold universal theories” of science. The review and the response appear, at times, to assume that the CT is a bold universal theory about the perfect compatibility of applying the relevant conceptions, or theories, of rationality, liberty, welfare, and anarchy. Then, at other times, they assert that it is not bold at all but merely about definitions designed to be compatible. In fact, the CT asserts both that there are no theoretical incompatibilities among relevant and plausible versions of the theories, and that there are no actual long-term, systemic, and practical conflicts among applying them. That is still a bold theory (perhaps even most libertarians would disagree with it), but it’s not a universal thesis of perfect compatibility. And if it were good practice to reject a theory just because of its boldness, then all scientific theories would be immediately rejected without even trying to produce a falsification. In any case, as stated in the reply to the review, anyone’s mere beliefs are irrelevant to the truth of objective theories and the soundness of objective arguments. (shrink)

Sociology, as conceived by Comte, was to put an end to the anarchy of opinions characteristic of liberal democracy by replacing opinion with the truths of sociology, imposed through indoctrination. Later sociologists backed away from this, making sociology acceptable to liberal democracy by being politically neutral. The critics of this solution asked 'whose side are we on?' Burawoy provides a novel justification for advocacy scholarship in sociology. Public sociology is intended to have political effects, but also to be funded (...) by the politically neutral state. He argues that public sociology is institutionally neutral, but that committing to an organic relation with a social movement is legitimate as a matter of the sociologist's personal value choice. Although this produces side-taking sociology, by improving the case for particular standpoints it serves to improve democratic discussion generally, which is an appropriately neutral public aim. (shrink)

Primarily using philosophy, but also some social science, Escape from Leviathan (EfL) explains and defends what it calls an extreme version of the implicit ‘classical liberal compatibility thesis’: liberty, welfare, and anarchy are overwhelmingly complementary in normal practice (rationality is added for its intimate theoretical connections to these categories). This is done using theories, not definitions, of each concept. This important thesis is entirely positive. Therefore, somewhat unusually, all normative issues are avoided as irrelevant distractions in this context. In (...) addition, the epistemology used is also unorthodox. A justificationist, or foundationalist, approach would be literally illogical: the self-refuting trilemma faced by ‘supporting justifications’ (as regards arguments and evidence) is of entailing infinite regresses, dogmatic starting points, or circularities. Consequently, critical rationalism is assumed: conjecture and criticism are all that is possible. Thus all aspects of the conjectured thesis are explained and defended from criticism as thoroughly as the book can encompass. It is concluded that the thesis has not been refuted and so may be critically preferred. (However, this could all still be viewed as a ‘justification’ by those thus inclined.) All of this is made clear enough in the short introductory chapter and repeated where relevant throughout. Yet some reviews do not have a firm grasp of the specific project and so reject it with unsound criticisms. We now turn to one such example. (shrink)

Gordon Barnes accuses Robert Nozick and Eric Mack of neglecting, in two ways, the practical, empirical questions relevant to justice in the real world.1 He thinks these omissions show that the argument behind the Wilt Chamberlain example—which Nozick famously made in his seminal Anarchy, State, and Utopia—fails. As a result, he suggests that libertarians should concede that this argument fails. In this article, we show that Barnes’s key arguments hinge on misunderstandings of, or failures to notice, key aspects of (...) the entitlement theory that undergirds Nozick’s and Mack’s work. Once the theory is properly understood, Barnes’s challenges fail to undermine the Chamberlain example, in particular, and the entitlement theory, in general. (shrink)

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

Some philosophers defend legal punishment by appealing to a natural right to punish wrongdoers, a right people would have in a state of nature. Many of these philosophers argue that legal punishment can be justified by transferring this right to the state. I’ll argue that such a right may not be transferrable to the state because such a right may not survive the transition out of anarchy. A compelling reason for the natural right claim – that in a state (...) of nature there are few if any viable non-punitive enforcement options – isn’t obviously true in state contexts. (shrink)

The first group of articles attempt to give some insight into how we behave that is reasonably free of theoretical delusions. In the next three groups I comment on three of the principal delusions preventing a sustainable world— technology, religion and politics (cooperative groups). People believe that society can be saved by them, so I provide some suggestions in the rest of the book as to why this is unlikely via short articles and reviews of recent books by well-known writers. (...) -/- America and the world are in the process of collapse from excessive population growth, most of it for the last century and now all of it due to 3rd world people. Consumption of resources and the addition of 4 billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. Billions will die and nuclear war is all but certain. In America this is being hugely accelerated by massive immigration and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests. This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. Hence my essay “Suicide by Democracy”. It is also now clear that the seven sociopaths who rule China are winning world war 3, and so my concluding essay on them. The only greater threat is Artificial Intelligence which I comment on briefly in the last paragraph. (shrink)

While recent scholarship has argued for the utility of W. E. B. Du Bois’s thought for democratic theory, his career-long emphasis on the problem of social equality—and the solution of self-conscious manhood—has gone largely unnoticed. In this article, I argue that while Du Bois’s emphasis on social equality powerfully situates racial oppression as a social and epistemic problem, his solution of self-conscious manhood paradoxically reproduces the very conditions of social inequality he seeks to combat. Open to people of all races, (...) genders, and classes, the path of self-conscious manhood consists in radical truth-telling, a free anarchy of the spirit, a will to strive and act, and the purity of isolation. However, through a close reading of Du Bois’s biographies, editorials, and fiction, I show that self-conscious manhood centers an exclusionary and atomized ethic of self-creation rather than producing a democratic political and social order. (shrink)

This essay considers the role of the soul in Plato’s political philosophy. Contra Gerasimos Santas, I offer a reading of Republic 8 which takes Plato’s criticism of the democratic soul as his criticism of the psychological pressures innate in the democratic constitution. On this account, democracy fails because it encourages unnecessary appetites. These appetites breed anarchy and ignorance under the guise of freedom. Section two reviews Santas reading of the Republic and his interpretation of Plato’s treatment of democratic principles: (...) private property, knowledge, and freedom. Section three provides a reading which takes the soul into consideration. Reading the descent to democracy and the birth of the democratic man as indicative of the pressures of the democratic system, we gain insights into the psychology of democracy. (shrink)

America and the world are in the process of collapse from excessive population growth, most of it for the last century, and now all of it, due to 3rd world people. Consumption of resources and the addition of 4 billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. The earth loses at least 1% of its topsoil every year, so as it nears 2100, most of its food growing capacity (...) will be gone. Billions will die and nuclear war is all but certain. In America, this is being hugely accelerated by massive immigration and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. China will continue to overwhelm America and the world, as long as it maintains the dictatorship which limits selfishness. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests. The idea of human rights is an evil fantasy promoted by leftists to draw attention away from the merciless destruction of the earth by unrestrained 3rd world motherhood. This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. The most basic facts, almost never mentioned, are that there are not enough resources in America or the world to lift a significant percentage of the poor out of poverty and keep them there. The attempt to do this is bankrupting America and destroying the world. The earth’s capacity to produce food decreases daily, as does our genetic quality. And now, as always, by far the greatest enemy of the poor is other poor and not the rich. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. (shrink)

"Noah and the Olive Branch" by Luis Herrera explores the profound symbolism of the olive branch in the context of human morality and existential renewal. Drawing on the biblical narrative of Noah's Ark, Herrera delves into a metaphor for peace, reconciliation, and the restoration of harmony between humanity and the natural world. The work interprets the olive branch not merely as a sign of the flood's end, but as a deeper emblem of ethical rebirth, signifying the opportunity for humanity to (...) reconstruct a more just and compassionate world after calamity. -/- Through a philosophical lens, Herrera examines the duality of destruction and creation, positing that potential for moral and spiritual growth follows great trials. The text questions the nature of divine justice and human responsibility, suggesting a call for ongoing ethical vigilance in a world perpetually on the brink of self-destruction. -/- It is a parable for man's quest for connection and reconciliation with the divine, in a violent world filled with chaos, anarchy and the antinomian pursuit of hedonistic ideals. Herrera's work resonates with contemporary concerns about cultural degradation and social fragmentation, urging a re-evaluation of our relationship with God and each other. The olive branch, in this interpretation, becomes a timeless symbol of hope, resilience, and the enduring quest for a harmonious existence. (shrink)

A -/- abortion and infanticide/ academic freedom/ academics/ action/ act-omission doctrine/ addiction and dependence/ adoption/ advertising/ affirmative action/ age of consent/ age of criminal responsibility/ age of majority/ agent/ aggression/ agriculture/ aid, foreign/ AIDS/ air/ akrasia/ allies/ altruism/ American Civil War (1861-1865)/ American exceptionalism/ American War of Independence (1775–1783)/ anarchic social order/ anarcho-capitalism/ anarchy/ animal rights/ animal welfare/ apartheid/ apathy/ appeasement/ apriorism/ aristocracy/ arms trade/ arms race/ artificial intelligence/ arts and sciences/ assassination/ asset stripping/ asylum seekers/ atomism, social/ Austrian (...) School of economics/ authoritarianism/ authority/ autonomy, intellectual/ axis/ -/- B -/- balance of trade/ balance of power (international)/ banking/ bankruptcy, insolvency, and limited liability/ barriers to entry/ begging/ belief/ betting/ big business/ bigotry/ biodiversity/ bioethics/ black market/ blackmail/ blasphemy/ booms and slumps/ borders, political/ boxing and dangerous sports/ boycott/ bribery/ British Broadcasting Corporation (BBC)/ BSE (Bovine Spongiform Encephalopathy)/ bureaucracy/ business cycles/ . (shrink)

In _Terra Cosmica_, Tusa argues that the world is doomed to its own inevitable end if sustainability is understood from the perspective of an economically sustainable future defined by the limits of capitalist management. If we step out of this impoverished perspective of the concept of limit and the condition of finitude, then we open ourselves to an ecological perspective that understands the world as part of a cosmic diversity that cannot be contained in a more or less extended totality (...) of resources. Tusa’s is a work of mineral anarchy; a study of the vertigo of our present thinking; a reorientation of an effort to explore human duration via myth, legend, and symbol; a consideration of a necessary mutation of perspective in our contemporary moment. (shrink)

Frederick 2013 (the critique) offers criticisms of the Escape from Leviathan (EfL) theory of libertarian liberty and also of its compatibility with preference-utilitarian welfare and private-property anarchy. This reply to the critique first explains the underlying philosophical problem with libertarian liberty and EfL’s proposed solution. It then goes through the critique in detail showing that it does not grasp the problem or the solution and offers only misrepresentations and unsound criticisms.

In a section of his book Anarchy, State, and Utopia entitled “Macro and Micro,” Nozick makes objections of a certain kind to Rawls. In this paper, I draw attention to a macro and micro objection that scattered material in that book entails.

L’Amérique et le monde sont en train de s’effondrer à cause d’une croissance démographique excessive, la plupart pour le siècle dernier, et maintenant tout cela, en raison des personnes du 3e monde. La consommation de ressources et l’ajout de 4 milliards d’euros supplémentaires vont effondrer la civilisation industrielle et provoquer la famine, la maladie, la violence et la guerre à une échelle stupéfiante. La terre perd au moins 1% de sa terre maximale chaque année, de sorte qu’il approche de 2100, (...) la plupart de sa capacité de culture alimentaire aura disparu. Des milliards vont mourir et la guerre nucléaire est presque certaine. En Amérique, cela est considérablement accéléré par l’immigration massive et la reproduction des immigrants, combinée avec des abus rendus possibles par la démocratie. La nature humaine dépravée transforme inexorablement le rêve de démocratie et de diversité en cauchemar de la criminalité et de la pauvreté. La Chine continuera à submerger l’Amérique et le monde, tant qu’elle maintiendra la dictature qui limite l’égoïsme. La cause profonde de l’effondrement est l’incapacité de notre psychologie innée à s’adapter au monde moderne, ce qui conduit les gens à traiter des personnes sans lien de parenté comme s’ils avaient des intérêts communs. L’idée des droits de l’homme est un fantasme maléfique promu par les gauchistes pour détourner l’attention de la destruction impitoyable de la terre par la maternité du 3e monde sans retenue. Ceci, plus l’ignorance de la biologie de base et de la psychologie, conduit aux illusions d’ingénierie sociale des personnes partiellement instruites qui contrôlent les sociétés démocratiques. Peu de gens comprennent que si vous aidez une personne, vous faites du mal à quelqu’un d’autre, il n’y a pas de déjeuner gratuit et chaque article que quelqu’un consomme détruit la terre au-delà de la réparation. Par conséquent, les politiques sociales partout sont insoutenables et une à une toutes les sociétés sans contrôle strict sur l’égoïsme s’effondreront dans l’anarchie ou la dictature. Les faits les plus élémentaires, presque jamais mentionnés, sont qu’il n’y a pas assez de ressources en Amérique ou dans le monde pour sortir un pourcentage significatif des pauvres de la pauvreté et les y maintenir. La tentative de le faire est la faillite de l’Amérique et de détruire le monde. La capacité de la terre à produire des aliments diminue chaque jour, tout comme notre qualité génétique. Et maintenant, comme toujours, de loin le plus grand ennemi des pauvres est d’autres pauvres et non les riches. Sans changements dramatiques et immédiats, il n’y a aucun espoir pour empêcher l’effondrement de l’Amérique, ou tout autre pays qui suit un système démocratique. (shrink)

The following article is a reflection on the value of peace, a term often attributes to the absence of war or the lack of violence, conflict, suppression or, in short, phenomena considerer opposite to peace. But, is this really how peace should be defined? It is a fact that peace, be it personal inner peace or peace within a society, is constantly threatened, attacked, violated, and destroyed by a variation of causes: the failure to keep a promise, the breach of (...) a contract, obtained by illegitimate means, economical ambitions, diverse geo-political strategies, anarchy, social pressure, the lack of understanding on an interpersonal level, a family crisis, immaturity, unemployment, acts of injustice, poverty, the failure to adapt, discrimination, migration, terrorism, arms trafficking, civil wars, the threat of a world war and the usage of weapons of mass destruction, etc.; factors that take away peace, among men and women, societies, and entire countries. But…what is peace? Why do we struggle so much to obtain it? Why is it so appreciated by the majority mankind? Why have humanists, philosophers, politicians, civil right organizations, and men of good will in general dealt with this topic in such an extended manner? Why it has written so much about peace? Why peace is so fragile? These are some of the questions that I will try to answer in this contribution, using some of the texts of St. Augustine, Hobbes, Rousseau, Kant, and Hegel as reference. (shrink)