Prof. Cohen and I answer six questions: (1) Why do we lock people up? (2) How can involuntary civil commitment be reconciled with people's constitutional right to liberty? (3) Why don't we treat homicide as a public health threat? (4) What is the difference between legal and medical approaches to mental illness? (5) Why is mental illness required for involuntary commitment? (6) Where are we in our efforts to understand the causes of mental illness?

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first outline (...) of the similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is (...) a commitment to engaging with others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

In a morally diverse society, moral agents inevitably run up against intractable disagreements. Civility functions as a valuable constraint on the sort of behaviors which moral agents might deploy in defense of their deeply held moral convictions and generally requires tolerance of other views and political liberalism, as does pluralism. However, most visions of civility are exceptionless: they require civil behavior regardless of how strong the disagreement is between two members of the same society. This seems an excellent idea (...) when those required to do the tolerating might otherwise smash us. However, the demands of civility are universal and fall upon everyone, including ourselves. They may seem to require us to tolerate the intolerable, leading us not into pluralism but rather into functional relativism, and also require the powerless to moderate their demands for redress. They also place moral agents in a very difficult position with respect to realizing our deeply held moral values. Isaiah Berlin’s pluralism, by contrast, allows us to violate tolerance when we come up against values which, put into practice, are incompatible with a form of life we can tolerate. Despite the many fronts on which civility and pluralism align, they are also pitted against each other. Only a qualified (not exceptionless) civility based in respect for persons can cohere with pluralism and thus resolve the double bind in which the moral agent seemed to be placed by exceptionless civility. I develop a rule for Accepted Exceptions that helps to explain how moral agents can be civil, value pluralism, demand redress, and maintain their own deeply held moral commitments. (shrink)

The controversy that accompanied the publication and reprinting of cartoons depicting the Prophet Muhammed as part of a 2005 editorial in the Danish newspaper Jyllands-Posten has been widely interpreted as yet another illustration of an ineliminable tension between multiculturalism and liberalism. Such an interpretation would have us believe that what is at issue in defending the cartoons is our commitment to civil liberties as a mainstay of liberal democracy. But is this really what is at issue? A closer (...) examination suggests that what is actually being defended in this case is not civil liberty but civil privilege. In particular, what is at issue is the privilege to exclude and define Muslims. (shrink)

With the early success of the deep ecology movement in attracting adherents and with the increasing threat of a global ecological catastrophe, one would have expected this movement to have triumphed. We should be in the process of radically transforming society to create a harmonious relationship between humans and the rest of nature. Instead, deep ecology has been marginalized. What has triumphed instead is an alliance of managerialism, transnational corporations and neo-liberalism committed to replacing communities with markets and transforming every (...) facet of nature and society into means for increasing the profitability of corporations and expanding GDP. This outcome is here explained by the failure of deep ecologists to understand the ideological, political and economic forces driving ecological destruction, and thereby what is required to overcome these. To regain the initiative, it is argued, it will be necessary to recover the whole project of the Radical Enlightenment upholding the Renaissance quest for liberty that was subverted by the scientific materialism and possessive individualism of the Moderate Enlightenment. Not only will it be necessary to transform science to develop a comprehensive alternative conception of nature and humanity and its destiny, it will be necessary to revive and develop the institutions of the Radical Enlightenment to subordinate markets to democratically organized communities at multiple levels, as communities of communities committed to augmenting the life of these communities, including the life of ecological communities. Doing so will involve reformulating the grand narrative of emancipation as a dialogic, polyphonic grand narrative to orient individuals, organizations and nations to create a global ecological civilization. -/- . (shrink)

Sit-ins, blockades, and lock-ons are common protest tactics. They work partly because continuing the operation or attempting quickly to remove activists risks injuring or killing them. Injuring or killing the activists is morally wrong, so the targets of the protest must (temporarily) yield to the activists. This appears to be a case of moral blackmail: The blackmailer makes it so that the blackmailed must either do what the blackmailer wants or do something morally wrong. Here, protestors appear to exploit the (...) targets’ tendency to be moral. Can such tactics be justified? I contend that they can insofar as such activists merely add further reason to what their targets already have decisive reason to do. The problem of moral blackmail, however, complicates the morality of primarily communicative civil disobedience. (shrink)

A focus on the presence of unjustified coercion is one of the central normative concerns of Kant’s entire practical philosophy, from the ethical to the cosmopolitical. This focus is intimately interconnected with Kant’s account of sovereignty, since only the sovereign can justifiably coerce others unconditionally. For Kant, the sovereign is she who has the rightful authority to legislate laws and who is subject only to the laws that she gives herself. In the moral realm (or kingdom) of ends, each citizen (...) is both a member of that realm and an equal co-sovereign of its categorically binding laws (GMS, 4:433-34, Reath 2006, p. 5). As such, each citizen is 'subject to the moral law' only insofar as she is 'at the same time lawgiving with respect to it and only for that reason subordinated to it' (GMS, 4:440). But when Kant comes to think about sovereignty in the political sphere, a number of tensions emerge. These tensions emerge because a doctrine of absolutist popular sovereignty, according to which the people are the ultimate holders of sovereignty, seems to be implied by Kant’s underlying normative theory. However, Kant also makes numerous explicit statements which seem to imply a doctrine of absolutist ruler sovereignty, according to which the ruler is the ultimate holder of sovereignty. And this seems inconsistent. However, despite the appearance of inconsistency I shall argue, by exploring the issues of civil disobedience and cosmopolitan peace, that Kant consistently defends an account of absolutist popular sovereignty which is compatible with his core normative commitments. Exploring these issues will also illuminate Kant’s political teleology by showing us the political ends towards which we should work and the means by which we should pursue them. (shrink)

James Hansen, the world’s leading climate scientist, argues that global climate destabilization could totally destroy the conditions for life on Earth, and further, that politicians are not taking effective action. Instead, they are using their power to cripple science. This situation is explained in this paper as the outcome of the successful alliance between a global class of predators and people who must be recognized as idiots taking over the institutions of government, research and education and transforming governments into governments (...) of occupation. The predators are either indifferent to the suffering they will cause, or have an agenda to use the effects of global warming to cull the world’s human population. In either case, their views are legitimated by social Darwinism. By revealing their true nature, this alliance has exposed a rift in the civilization of modernity, revealing the suppressed tradition and trajectory of the Radical Enlightenment. With its roots in the Renaissance, the Radical Enlightenment is opposed to reductionist materialism and committed to truth, liberty, justice and democracy. To revive the grand narrative of the Radical Enlightenment it will be necessary to reemplot this grand narrative as a project for creating an Ecological Civilization. This will be a civilization based on process metaphysics and a fusion of science and the humanities in human ecology. The goal projected by this narrative should be to save life on Earth from this alliance of predators and idiots. (shrink)

In this paper I critically explore the possibility that the hope for engaging in democratic discourse and coalition-building across deep— potentially irreconcilable— moral, religious divisions in current U.S. public life depends less upon further calls for “more tolerance,” and instead in thinking creatively and transformatively about how to democratize and constructively utilize conflict and intolerance. Is it possible to distinguish between constructive and destructive forms of intolerance? If so, what are the prospects for re-orienting analysis of democratic practices and processes (...) so that what typically appear as forms of simple intolerance (and thus, as candidates for marginalization or exclusion from political processes) might be reconceived and re-directed for the purposes of constructively transforming those practices and processes? Further, what would an analytical framework that aimed to distinguish and cultivate “healthy conflict” in contrast to degenerative or destructive conflict look like? How would such an approach facilitate efforts on the ground to recognize, understand and transform religiously-motivated conflict? I pose answers to these questions by bringing strands from the “religion in public life” debates that have unfolded over recent decades among ethicists and political philosophers into conversation with conflict transformation literature in peace studies. Bridging these resources will help to re-conceptualize basic assumptions about tolerance and conflict as a pivotal first step in constructively transforming conflicts motivated by, or identified with, moral commitments and religious identities. (shrink)

This article argues in favor of modifying the medical model of severe psychiatric disturbances that underlies calling them "mental illness." The key reason for this proposal is that numerous specialists other than physicians as well as non-specialists contribute to the process of assisting a person recover from what the author suggests might better be called "extraordinary functional disability." There is little uniformity in existing definitions under state laws, but all involve three types of intervention: civil commitment; civil (...) determination of legal competency; and standing to be subject to criminal law. Physicians typically make relevant determinations in each of these areas; but non-physicians are the principal care-givers once a determination has been made. (shrink)

In some jurisdictions, the institutions of criminal justice may subject individuals who have committed crimes to preventive detention. By this, I mean detention of criminal offenders (i) who have already been punished to (or beyond) the point that no further punishment can be justified on general deterrent, retributive, restitutory, communicative or other backwardlooking grounds, (ii) for preventive purposes—that is, for the purposes of preventing the detained individual from engaging in further criminal or otherwise socially costly conduct. Preventive detention, thus understood, (...) shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing (usually severe) constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained individual deserves no detention (or so I will, for the moment, assume), and in preventive detention, the individual has already endured any detention that can be justified by reference to desert. Both interventions are, in contrast to civil commitment under mental health legislation, normally imposed on more-or-less fully autonomous individuals. And both interventions are intended to reduce the risk that the constrained individual poses to the public. Yet despite these similarities, preventive detention and quarantine have received rather different moral report cards. (shrink)

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to (...) commit a crime that possess this neutrality. We point out some problems with the extensional correctness of these definitions and propose a new definition that resolves these problems. We then extend our definition to provide a more general definition of entrapment, encompassing both civil and legal cases. Our definition is, we believe, closer to being extensionally correct and will, we hope, provide a clearer basis for future discussions about the ethics of entrapment than do the definitions upon which it improves. (shrink)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural (...) relationships. In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (shrink)

This article explores a concept of artistic transgression I call aesthetic disobedience that runs parallel to the political concept of civil disobedience. Acts of civil disobedience break some law in order to publicly draw attention to and recommend the reform of a conflict between the commitments of a legal system and some shared commitments of a community. Likewise, acts of aesthetic disobedience break some entrenched artworld norm in order to publicly draw attention to and recommend the reform of (...) a conflict between artworld commitments and some shared commitments of a community. Considering artistic transgressions under the concept of aesthetic disobedience highlights often-overlooked features of modern artworld practices. Most significantly, it draws attention to the deliberative participation of a wide variety of citizens of the artworld, including not just artists and performers but also members of audiences, in the transformation of the rules and boundaries of the artworld itself. (shrink)

The priority of liberty has always played a central role in John Rawls's political theory. This chapter reviews Rawls's three arguments for the priority of liberty in Theory and argues that two of them do indeed fail (either in whole or in part) because of two types of error. It presents a partial reconstruction of the hierarchy argument, and demonstrates that our highest‐order interest in the development and exercise of rationality follows naturally from the Kantian commitment to autonomy that (...) Rawls expresses in Theory. The chapter discusses an apparent problem with the scope of the hierarchy argument: it does not offer a particularly compelling defense of the priority of the basic political liberties, including the rights to vote and hold public office. The chapter also discusses the implications of the priority of liberty for the American practice of civil libertarianism. (shrink)

It is clear that environmentalist are failing in their efforts to avert a global ecological catastrophe. It is argued here that Aldo Leopold had provided the foundations for an effective environmental movement, but to develop his land ethic, it is necessary first to interpret and advance it by seeing it as a form of communitarianism, and link it to communitarian ethical and political philosophy. This synthesis can then be further developed by incorporating advanced ideas in ecology and human ecology. Overcoming (...) the division between the sciences and humanities and granting a place to narratives as a highly developed form of eco-semiosis, these provide the foundation for a new grand narrative committed to creating an ecological civilization, a civilization organized to augment the life of ecosystems, including human ecosystems, by augmenting the conditions for its members to flourish and develop their full potential to augment life. (shrink)

It is common to assimilate Marx’s and Spinoza’s conceptions of democracy. In this chapter, I assess the relation between Marx’s early idea of “true democracy” and Spinozist democracy, both the historical influence and the theoretical affinity. Drawing on Marx’s student notebooks on Spinoza’s Theological-Political Treatise, I show there was a historical influence. However, at the theoretical level, I argue that a sharp distinction must be drawn. Philosophically, Spinoza’s commitment to understanding politics through real concrete powers does not support with (...) Marx’s anti-institutional conception of true democracy. And as a matter of social theory, the gap between civil society and the state which so troubles Marx is a development of modernity that has not entered Spinoza's premodern field of view. Marx’s true democracy was also influenced by his study of Rousseau, and theoretically, it is just as close if not closer to Rousseau as to Spinoza. (shrink)

Many people now recognize that the challenges of climate change and biodiversity loss are rooted in how and to what extent humans consume goods in the Anthropocene era. Consumerism has driven natural resource exploitation to its peak, and resource depletion is becoming more common. The beauty and personal care industry has an enormous market and substantial profitability, particularly in the high-income category. However, this benefit comes with the risk of being scrutinized, investigated, and criticized by civil society groups, environmental (...) activists, and consumers. More than anyone else, the industry is aware of the risks of negative society appraisals, notably the consequences of consumer-led boycott activities. In this paper, we suggest that, given the current situation, global beauty firms need to play a proactive role in directing resources toward the development of sustainable uses of biodiversity and agriculture methods. This includes advocating for the wider use of environmentally conscious sourcing of raw materials, avoiding excessive and wasteful packaging, and devoting resources to research and innovation in environmentally friendly manufacturing procedures. The proactiveness would allow them to demonstrate their environmental commitment and actively give customers persuasive evidence of their social responsibility through emission reduction and biodiversity protection actions, gradually building an environmental-healing culture in the beauty industry. (shrink)

Shaming behavior on social media has been the cause of concern in recent public discourse. Supporters of online shaming argue that it is an important tool in helping to make social media and online communities safer and more welcoming to traditionally marginalized groups. Objections to shaming often sound like high-minded calls for civility, but I argue that shaming behavior poses serious risks. Here I identify moral and political risks of online shaming. In particular, shaming threatens to undermine our commitment (...) to the co-deliberative practices of morality. As a result, online shaming can undermine the very goals it is supposed to accomplish. (shrink)

Today, many people have realized that the climate change and biodiversity loss issues lie in how and to what extent humans consume products for their lives in the Anthropocene era. Consumerism has pushed natural resource exploitation to its peak, and the depletion of resources is becoming increasingly prevalent. The beauty and personal care industry has a large market and high profits, especially in the high-income segment. However, this advantage also carries the risk of facing scrutiny, investigations, and criticism from (...) class='Hi'>civil society organizations, environmental activists, and consumers. More than anyone else, the industry is vulnerable to the perils of unfavourable societal assessments, particularly the repercussions of consumer-led boycott actions. In this discourse, we suggest that, given the current circumstances, it is imperative for multinational beauty corporations to take a proactive role in allocating resources towards the development of sustainable agriculture practices. This entails not only advocating for the widespread adoption of environmentally conscious production methods but also dedicating efforts towards conducting research and innovation in the area of nature-friendly manufacturing techniques. Doing so will help demonstrate their commitment to the environment and actively provide convincing evidence to consumers of their social responsibility through emission reduction and biodiversity conservation activities. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

Are groups ever capable of bearing responsibility, over and above their individual members? This chapter discusses and defends the view that certain organized collectives – namely, those that qualify as group moral agents – can be held responsible for their actions, and that group responsibility is not reducible to individual responsibility. The view has important implications. It supports the recognition of corporate civil and even criminal liability in our legal systems, and it suggests that, by recognizing group agents as (...) loci of responsibility, we may be able to avoid “responsibility gaps” in some cases of collectively caused harms for which there is a shortfall of individual responsibility. The chapter further asks whether the view that certain groups are responsible agents commits us to the view that those groups should also be given rights of their own and gives a qualified negative answer. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

When central authority fails in socially crucial tasks, mutual aid, solidarity, and grassroots organization frequently arise as people take up slack on the basis of informal networks and civil society organizations. We can learn something important about the possibility of horizontal organization by studying such experiments. In this paper we focus on the rationality, care, and effectiveness of grassroots measures to respond to the pandemic and show how they illustrate core elements of anarchist thought. We do not argue for (...) the correctness of any version of anarchist politics, nor claim that the bulk of this grassroots work was done with anarchist ideas explicitly in mind. Nonetheless, the current pandemic, like many social crises before it, serves as a sort experiment in political implementation. -/- Two things have been striking in the US response to the COVID-19 pandemic: the chaos, incompetence, irrationality, and often cruel misguidedness of the centralized government response; and the rationality, care, and effectiveness of grassroots measures in many parts of the country. In this paper we focus on the latter—especially the case of Washington, DC—to illustrate core features of anarchist politics. We do not argue for the correctness of any version of anarchist politics here, but merely illustrate guiding ideas that have been a part of anarchist theory and practice for well over a century. We also do not claim that the bulk of this grassroots work was done with anarchist ideas in mind, or explicitly out of a commitment to anarchist politics. Some was, and some arises out of related ideological commitments, but most simply functions out of no more than a desire to support one another. -/- The current pandemic, like many social crises before it, rather than providing a stand-alone argument or functioning as an implementation of any political theory, serves as a sort of laboratory experiment. When central authority fails in socially crucial tasks, mutual aid, solidarity, and grassroots organization frequently arise as people take up slack on the basis of informal networks and civil society organizations. We can learn something important about the possibility of horizontal organization by studying such experiments, including how it arises through spontaneous action. If political thought is best illustrated through its implementation in practice, the functioning of grassroots individuals and organizations in a time of crisis is one way to understand the political mechanisms core to anarchist thought. (shrink)

This paper examines 18th-century Annamese Neo-Confucian discourse on conceptual issues related to zhongguo and the hua-yi dichotomy as expressed across a diversity of 18th-century writings. I engage with Huang Chun-chieh’s theory of “contextual turn” and localized subjectivity in 18th-century East Asian Confucianisms by arguing that 18th-century Annamese Neo-Confucianism operated along a dissimilar ideological trajectory which affirmed “geographic China, political China, and cultural China” as a transdynastic and singular zhongguo from which Annam received its politico-cultural legitimation and prestige. This discourse of (...) dependence on institutional recognition and geographical connection to the Chinese zhongguo distinguished 18th-century Annamese literati not only from contemporaneous modes of Confucian intellectuality in Japan and Joseon, but also from foundational conceptions of Vietic statehood characteristic of the early Le dynasty. My analysis of metaphysical theories invoked by 18th-century Annamese literati in their discussions of zhongguo and the rise of human civilization engages with both Huang Chun-chieh’s theory of a philological turn away from the metaphysical commitments in 18th-century East Asian Confucianisms and Alexander Woodside’s theory of pre-modern Vietnamese Confucianism being characterized by a non-metaphysical “classical primordialism.”. (shrink)

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered (...) whether an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter. (shrink)

Michael Marder in Dump Philosophy claims that that there has been so much dumping with modern civilization that we now live in a dump, with those parts of our environment not contaminated by dumping, now rare. The growth of the dump is portrayed as the triumph of nihilism, predicted by Nietzsche as the outcome of life denying Neoplatonist metaphysics. Marder’s proposed solution, characterized as “undumping”, is to accept the dump and to promote reinterpretations and informal communities within the dump. It (...) is argued here that Marder provides great insight into our current situation and its causes; however, his proposed solution is too weak. To respond to the situation described, it is argued, it is necessary to distinguish between healthy and unhealthy dumping, or more broadly, healthy and unhealthy participation in nature. To make this distinction, it is necessary see humans as ecosystems and components of ecosystems, including the global ecosystem, as these have been characterized by anti-reductionist ecologists. Ecosystems can be healthy or unhealthy. Dumping and dumps should be identified as problematic outputs when they damage the health of ecosystems. The products of human activity not destined to be consumed or used for further productive activity, can then be identified and judged according to whether they augment or damage ecosystems’ health. Dumping should be severely restricted. This should be associated with making a commitment to life and its value, and living to augment life, developing the social and economic forms and institutions that facilitate living in this way. (shrink)

Henry David Thoreau’s defense of John Brown has been interpreted as an inconsistency in his political philosophy. Since Thoreau was best known for his commitment to civil disobedience, his critics argued that his support for Brown constitutes a break in Thoreau’s political thought. However, I argue that "A Plea for John Brown" should be seen as a radicalization of Thoreau’s transcendental politics rather than an inconsistency in his writings. To understand this decade-long process of radicalization requires an analysis (...) of Thoreau’s four main essays from "Resistance to Civil Government" in 1849 to "The Last Days of John Brown" in 1860. (shrink)

In his book The Austrian Mind (1972) W. M. Johnston observes that between 1861 and 1938 a striking number of Austrian intellectuals committed uicide. He also remarks that prior to 1920 suicide was relatively rare among Hungarian intellectuals, and as a possible explanation he refers to their more intensive political activity. The present paper investigates relations between a society's intellectual life and its general suicidal tendencies. In so doing it takes up a central theme of T. G. Masaryk's Suicide as (...) a Social Mass Phenomenon of Modern Civilization, published in Vienna in 1881. (shrink)

Can democracy be at once radical and Islamic? In this paper I argue that it can. My argument is based on a comparison and contrast of certain aspects in the social-political thought of two contemporary authors: Axel Honneth who defends a particular conception of radical democracy, and Rached al-Ghannouchi who defends a particular conception of the Islamic state. I begin with Honneth’s early articulation of his model of radical democracy as reflexive cooperation, which he presents as an alternative that reconciles (...) Arendtian republicanism and Habermasian proceduralism while avoiding their weaknesses. I also refer to his more mature conception of democracy by way of highlighting his understanding of democracy as a process of constituting civil society. This is significant for the purposes of this paper since it forms the most important link between Honneth’s radical democracy and Ghannouchi’s Islamic model of political rule. I then introduce Ghannouchi’s theoretical account of the Islamic state with a focus on his conception of shura (consultation) in order to bring to the fore both the similarities and dissimilarities with Honneth’s theory of democracy. By this point I will have identified Islamic resources for a conception of democracy that, like Honneth’s democracy as reflexive cooperation, shares with proceduralism an instrumental view of democratic procedures, and with republicanism a strong connection between the pre-political social level and politics. Next, I ask whether this conception of radical Islamic democracy can square its dual commitment to pluralism and Islamic unity. Again, I draw on Ghannouchi’s thought to respond to the challenge, doing so in a way that brings out the agonistic dimension in radical Islamic democracy. I conclude by making explicit how radical Islamic democracy carves out a conceptual space in which proceduralist, republican and agonistic features are combined. (shrink)

In this article, it is argued that a significant internal tension exists in John Rawls' political liberalism. He holds the following positions that might plausibly be considered incongruous: (1) a commitment to tolerating a broad right of freedom of political speech, including a right of subversive advocacy; (2) a commitment to restricting this broad right if it is intended to incite and likely to bring about imminent violence; and (3) a commitment to curbing this broad right only (...) if there is a constitutional crisis. By supporting a broad right of freedom of political speech in Political Liberalism, he allows militant intolerant people such as Jihadists, White Supremacists and Neo-Nazis to advocate publicly their dangerously intolerant beliefs. Public advocacy of dangerously intolerant beliefs can be construed as subversive advocacy. As demonstrated by the historical examples of the Weimar Republic and the Second Spanish Republic, militant intolerant groups could use a right of subversive advocacy to threaten the stability of liberal democracies. Hence, by allowing them to exercise a broad right of freedom of political speech, Rawls could jeopardize that which he intends to defend, namely the actual political stability of a liberal democratic order. Lastly, Rawls' conception of ideal constitutional interpretation, which privileges a broad right of freedom of political speech, might be insufficient to deal effectively with the threat posed by militant intolerant groups. Yet a tradition of American constitutional interpretation that balances freedom of speech with other important constitutional and/or political values has overcome a civil war, two world wars, the Cold War and the 9/11 terrorist attacks without abandoning democracy or permanently renouncing those values. Still, Rawls' ideal approach to constitutional interpretation might, in hindsight, help us to understand some of the excesses and deficiencies of American jurisprudence in times of emergency.<br><br><br><br>. (shrink)

The Zwolinski 2013 "libertarianism and liberty" essays on libertarianism_org are argued to have the following problems: taking libertarianism to be a "commitment" to the view that "liberty is the highest political value" ; examining and rejecting the maximization of liberty without a libertarian theory of liberty; accepting a persuasive sense of "coercion" ; misunderstandingliberty in the work place; conflating, to varying degrees, freedom of action and freedom from aggression and justice/rights/morals; focusing on logically possible clashes instead of practically possible (...) congruence among utility, liberty, and justice – in particular, that "rule (preference-)utilitarianism" fits "rule libertarianism" ; failing to distinguish liberty from license (and power) concerning slavery, and so-called "civil and democratic liberties" (and everything else); the idea that any coherent reference to a quantity of liberty requires precise cardinality; failing to see that the quantity of liberty has an inherently qualitative aspect; misunderstanding property as about limiting freedom; mistaking clashing Hobbesian freedom for non-clashing Lockean liberty; adopting G. A. Cohen's confusion about freedom as the libertarian conception of freedom; assuming the – illogical – epistemology of justification" ; not realizing that both allowing and prohibiting pollution "aggresses" and so "aggressions" need to be minimized; the failure of all six of its reasons for rejecting the non-aggression principle. (shrink)

While Hegel’s political philosophy has been attacked on the left by republican democrats and on the right by feudalist reactionaries, his apologists see him as a liberal reformer, a moderate who theorized about the development of a free-market society within the bounds of a stabilizing constitutional state. This centrist view has gained ascendancy since the end of the Second World War, enshrining Hegel within the liberal tradition. In this book, Renato Cristi argues that, like the Prussian liberal reformers of his (...) time, Hegel was committed to expand the scope of a free economy and concurrently to ensure that the social practice of subjective freedom did not endanger political stability and order. Aware that a system of mutual advantage failed to integrate the members of civil society and that profound social disharmonies were ineradicable, Hegel adopted the views of the French liberal _doctrinaires_, who sought to realize the principles of the French Revolution by supporting Louis XVIII’s sovereign assertion of the monarchical principle. Not surprisingly, Hegel hailed the French _Charte_ of June 1814 as a beacon of freedom. Endorsement of the monarchical principle was meant to prevent the atomized individuals of civil society from gaining control of the state through appeals to popular sovereignty. This challenges most conventional interpretations of Hegel’s theory of the state and draws it closer to the conservative-authoritarian end of the political spectrum than is usual. (shrink)

Dr. Karminder Singh Dhillon is a much-acclaimed administrator, a renowned theologian, a profound scholar of comparative religious studies, a prolific writer, and a Sikh thinker. During his 32 year long professional career in the Malaysian Civil Service, he has served the country in several important positions. Since 1985, as a devout Sikh, he has been involved in Kirtan, Katha, and Parchar activities. Besides his marvelous professional achievements, Dr. Karminder Singh has made remarkable contributions toward the authentic understanding of Gurbani (...) through reform-oriented writings and videos. His theological enunciations are particularly noteworthy due to their originality and rational description. Dr. Dhillon is committed to bringing out the truths of Gurbani, logically, rationally, and authentically. With his excellent professional and academic training – coupled with his devotion to Gurbani - he is eminently qualified to do so. He adheres to the belief that Sikh Gurus' Philosophy is perennial and universal in its approach to understanding cosmology, nature, life, and human behavior in the present scientific era. He emphasizes that Sikh Gurus' philosophy, bani, and Sri Guru Granth Sahib (SGGS) delineate the basics of life befitting the 21st century. Keeping in view his outstanding contributions to the propagation of Sikhi, his views on various aspects of Sikh Philosophy are presented here for the benefit of readers. (shrink)

Hierarchy and inequality are deeply rooted in Indian tradition. They are found in practice in the form of unequal placement of caste and class groups in the civilizing system of Indian society. The notions of dharma (normative order), karma (personnel moral commitment) and jāti (caste) that constitute the basic principles of Indian culture, making the Indian cultural tradition a unique cultural tradition, are also the principles of hierarchy and social stratification. In this paper, an attempt has been made to (...) present a comprehensive and investigative view of different scholars concerning the deep-rooted traditional characteristics of caste in Indian society. (shrink)

Mathematics has always been a core part of western education, from the medieval quadrivium to the large amount of arithmetic and algebra still compulsory in high schools. It is an essential part. Its commitment to exactitude and to rigid demonstration balances humanist subjects devoted to appreciation and rhetoric as well as giving the lie to postmodernist insinuations that all “truths” are subject to political negotiation. In recent decades, the character of mathematics has changed – or rather broadened: it has (...) become the enabling science behind the complexity of contemporary knowledge, from gene interpretation to bank risk. Mathematical understanding is all the more necessary for future jobs, as well as remaining, as ever, a prophylactic against the more corrosive philosophical views emanating from the humanities. (shrink)

In the debate about Heidegger’s commitment to National Socialism is often referred to his membership in the „Committee for the Philosophy of Right“ of the „Academy for German Law“ that was founded by then „Reichsminister“ Hans Frank in 1934. Since the protocols of the Committee were destroyed and there is no relevant information in other writings, nothing can be said about the frequency and content of the meetings. It is only documented that the committee was dissolved in 1938. However, (...) in the past year the philosopher Sidonie Kellerer and the semiotician François Rastier referred to a document that, they say, proves that Heidegger was in the committee until 1941/42 and that the latter participated „in practice“ (Rastier) in the Holocaust. The said document was depicted for the first time in the above mentioned FAZ publication and will be analysed in the present essay. It is exluded in it that the document proves the continuity of the „Committee for the Philosophy of Right“ until 1941/42 or even the participation mentioned. It is rather possible to conclude in the frame of high probability that in the document were listed only the names and addresses of possible experts for the conversion of the Civil Code into a „Volksgesetzbuch“. The allegation of the committee’s participation in the Holocaust is rejected as being untenable. The publication of the article in the FAZ triggered the „Debate about Heidegger and Fake News“. In der Debatte um das Engagement des Philosophen Martin Heidegger für den Nationalsozialismus wird oft auf seine Mitgliedschaft in dem vom damaligen Reichsminister Hans Frank gegründeten „Ausschuss für Rechtsphilosophie“ innerhalb der „Akademie für Deutsches Recht“ verwiesen, der 1934 gegründet wurde. Da die Protokolle des Ausschusses zerstört wurden und auch in anderen Schriften keine diesbezüglichen Angaben zu finden sind, lässt sich nichts über die Häufigkeit und den Inhalt der Tagungen sagen. Es ist nur belegt, dass der Ausschuss 1938 offiziell aufgelöst wurde. Im vergangenen Jahr, im September 2017, referierten die Philosophin Sidonie Kellerer und der Linguist François Rastier jedoch auf ein Schriftstück, das belege, dass Heidegger bis 1941/42 in dem Ausschuss war und dieser auch „in der Praxis“ (Rastier) am Holocaust teilgenommen habe. Das Schriftstück wurde in der obigen Publikation der FAZ erstmals abgebildet und wird hier im Detail analysiert. Dabei kann begründetermaßen ausgeschlossen werden, dass das besagte Dokument den Fortbestand des „Ausschusses für Rechtsphilosophie“ oder die genannte Teilhabe belege. Nach hinreichender Analyse muss vielmehr in dem Rahmen hoher Wahrscheinlichkeit geschlossen werden, dass dort nur Namen und Adressen von potentiellen Gutachtern für die Umwandlung des BGB in ein „Volksgesetzbuch“ aufgelistet wurden. Der Vorhalt einer Teilhabe des Ausschusses am Holocaust wird als ganz unhaltbar zurückgewiesen. Die Publikation des Artikels in der FAZ löste die „Debatte über Heidegger und Fake News“ aus. (shrink)

In this paper an attempt is made to draw out an outline of present social evils generated from Caste-Discrimination and this system is the misinterpreted conception of Varynavyavastha where the four varnas are divided on the basis of division of labour and since history it converted to caste system. With these Human Rights issues are directly related and human rights are an important concept in civilized and democratic society. But from the part of Government and judiciary the above said both (...) are separated and cannot be treated equally and it can be see in the latest examples of inhuman acts with Dalits in Haryana. First this paper also highlights the schemes and policies of the government to eliminate this system and their failure in part of unavailability to socially deprived persons. These policies are only in the paper form and cannot become part of practical concerns. Secondly these problems related to caste- discrimination can be solved only by social awareness and social interaction among different communities but not only by policies and schemes. Since independence there is not a single case of social awareness programme conducted by political parties and government and this become the root cause of social inequality till now. The present examples of violation and injustice with poor and deprived persons show the failure of our judiciary system and so-called democratic & secular society. With this background some recommendations will be discussed in the last of the paper so that a humane society can be modeled according to our constitutional commitment of social equality, freedom and brotherhood. (shrink)

The interview focuses on specific aspects of Giuseppe Cacciatore's philosophy, with particular emphasis on the connection between theoretical speculation and civil practice. As highlighted by philosopher Giuseppe Cantillo, Cacciatore' s works strive to combine thought and history at every point, starting with Pietro Piovani's 'critical-problematic historicism'. The outcome is a theoretical system that is aimed at civil and political commitment, while at the same time maintaining a genuinely ideal motivation.

A co-founder of the Catholic Worker Movement, its newspaper, and hospitality houses, the writer Dorothy Day promoted public peace nationally and internationally as a journalist, an organizer of public protests, and a builder of associational communities. Drawing upon Hannah Arendt’s conceptions of the role of speech and action in creating the public realm, this paper focuses on several of Day’s most controversial public positions: her leadership of non-cooperation against Civil Defense drills intended to prepare New York City residents to (...) survive a nuclear war; her urging of Catholics to find common cause with the Cuban revolutionary government; and her support for interracial farming communities in the Southern United States. As Arendt asserts about Rahel Varnhagen’s salon in Berlin, by being public meeting spaces hosted in private houses, Catholic Worker communities fostered egalitarian rather than “agonal” politics. Like Gandhi’s newspapers and ashrams as well as “Occupy” communities such as Zuccotti Park, Day’s newspaper was a center for incubating and implementing social reform. The Catholic Worker provided a place where writers could question the official rhetoric of such conflicts as World War II and the Cold War, put forward different interpretations of unfolding events, and chart possible alternatives to establishment agendas. (shrink)

The political turmoil at the end of the period of Righteous Caliphs and in the early periods of the Umayyads had left the Islamic community facing factionalism and civil war. Accordingly, people have witnessed that the acts considered among the great sins such as assassination may be committed even by companions of the Prophet (pbuh). This situation brought the question on the status of believers who committed great sins in this World and in the Hereafter, to the agenda of (...) scholars. The Kharijis and the Mu’tazila did not consider the person who committed A great sin among the believers. According to the Ahl al-Sunna and Al-Jaṣṣās, to commit a great sin does not cause the exclusion of the person from religion. Al-Jaṣṣās has taken into account the issue of great sin, when dealing with the issues of general term, specialization of the cause and infallibilism in diligence (al-ijtihād), since it constitutes the theological (Kalāmī) side of the subject. Although al-Jaṣṣās’ followed a line close to Mu’tazila in the aforementioned matters concerning the jurisprudence, he defended the view of Abū Ḥanīfah in his approach to the person who committed a great sin. His approach to the matter of great sin also clarifies the relationship between islamic law and Islamic thought. (shrink)

This review is unashamedly from the perspective of English law because busy United Kingdom criminal law solicitors and barristers mostly wish to know what the law states, which case is a precedent case and whether the author has provided up-to-date legal information. This is because legal practitioners deal with real and urgent cases. The English Income Tax Act gained Royal Assent in 1799 the first government attempt to stop early tax avoidance. Later, tax avoidance schemes (which in English Law were (...) deemed a legitimate method of minimising one payment of taxation) became de rigueur all over the world and often involved creation of Deeds of Covenant and Trusts, notably Discretionary Trusts under civil law. Man’s ingenuity knows no bounds and this applies to man’s characteristic of criminality as it does to scholarship, enterprise and innovation. Despite protestations by some countries police agencies, contrary to the rise of crime, the fact is that that crime is increasing exponentially worldwide, but the number of people committing crime is not increasing because many crimes are repeated crimes committed by persons with habitual criminal behaviour, ie hard-core criminals. (shrink)

Mourad Wahba’s Fundamentalism and Secularization was first published in Arabic in Egypt in 1995. By the 1990s, Islamist thought had become hegemonic in Egypt, and it is this cultural context that informs Wahba’s concern with philosophy of culture as applied to the question of fundamentalism and its antagonistic relationship to secularization. As Robert Beshara notes in his interview with Wahba, which serves as a foreword to this new translation, the book was ahead of its time insofar as it was published (...) before the spate of publications on fundamentalism in the aftermath of the events of September 11th 2001, and it clearly predicted the coming clash of fundamentalisms which would go on to shape the first decade of the third millennium, namely, the clash between right-wing Christian fundamentalism in the U.S. on the one hand, and expressions of Islamic fundamentalism on the other. Wahba also rejects the framing of the conflict as a conflict of civilizations. For Wahba, there is in fact strictly speaking only one human civilization and many cultures (x). Wahba defines civilization as ‘a tiered singularity, the course of which goes from mythical thinking to rational thinking’ (32). It seems here that Wahba, in attempting to undermine the thesis of the clash of civilizations, ends up reintroducing an evolutionist account of a singular human civilization, akin to those endorsed by Victorian British anthropologists of the nineteenth century. -/- The first chapter deals with fundamentalism both historically and conceptually. On the conceptual level, Wahba argues that we can understand fundamentalism as essentially driven by the human propensity for unity, which for Wahba is essentially a yearning for the Absolute (7). According to Wahba, this is how humans attempt to overcome their alienation from the world. However, the problem is that absolutes seem to multiply as a function of time, and we do not have context-independent criteria which would allow us to decide between competing claims for opposing absolutes. For Wahba, the solution is to simply give up on the search for absolutes and to endorse a kind of relativism. However, it is important to recognize that for Wahba relativism does not imply that ‘anything goes.’ Wahba thinks of relativism in negative terms, i.e. simply as the rejection of the thesis that knowledge claims can ever be of an absolute, context-independent nature. What is especially interesting is that Wahba presents himself as a proponent of the Enlightenment qua universal project. However, unlike many participants in the contemporary ‘culture wars’ of the U.S., he seems to think that commitment to the Enlightenment project with its attendant secularization entails a commitment to the rejection of absolutism in epistemology. The commitment to relativism as defined above is presented by him as a requirement of enlightened rationality and not as a product of its rejection. (shrink)

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being (...) reliable, reliable by being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

This chapter argues that there is a particular kind of ‘internal’ commitment typically made in the context of romantic love relationships that has striking meta-normative implications for how we understand the role of the will in practical normativity. Internal commitments cannot plausibly explain the reasons we have in committed relationships on the usual model—as triggering reasons that are already there, in the way that making a promise triggers a reason via a pre-existing norm of the form ‘If you make (...) a promise to x, then you have a reason to x’. Instead, internal commitments are that in virtue of which one has the special reasons of committed relationships; they are the grounds of such reasons. In this way, the will is a source of practical normativity. (shrink)

Painless civilization is a term I coined in my Japanese book of the same title, which was published in 2003. Contemporary civilization aims to provide pleasure and comfort and eliminate pain and suffering as much as possible. This is especially evident in advanced countries. Contemporary civilization is moving toward a painless civilization. However, in a painless civilization, we are deprived of the joy of life, which is considered a fundamental source of meaning in life, and we are led toward the (...) situation of drowning in a sea of pleasure. This is a kind of dystopia, and we cannot find an easy way to escape from it. It is important to pay special attention to this aspect of contemporary civilization when we think about the future of our planet. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this (...) paper, I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)