Pettit (2012) presents a model of popular control over government, according to which it consists in the government being subject to those policy-making norms that everyone accepts. In this paper, I provide a formal statement of this interpretation of popular control, which illuminates its relationship to other interpretations of the idea with which it is easily conflated, and which gives rise to a theorem, similar to the famous Gibbard-Satterthwaite theorem. The theorem states that if government policy is subject to popular (...) control, as Pettit interprets it, and policy responds positively to changes in citizens' normative attitudes, then there is a single individual whose normative attitudes unilaterally determine policy. I use the model and theorem as an illustrative example to discuss the role of mathematics in normative political theory. (shrink)

Normative political theorists frequently compare hypothetical scenarios for the purpose of identifying reasons to prefer one kind of institution to alternatives. We examine three types of "unfair" comparisons and the reasoning errors associated with each. A theorist makes an _obscure comparison_ when one (or more) of the alternatives under consideration is underspecified; a theorist makes a _mismatched comparison_ when they fail to hold fixed the relevant contextual factors while comparing alternatives; and a theorist makes an _irrelevant comparison_ when they (...) compare alternatives assuming contextual factors that differ in important respects from those they "should" assume given their theoretical aims. We then introduce the notion of a modeling mindset and show how this mindset can help theorists detect and avoid the three types of error. We conclude with a reconstruction of Cohen's (2009) camping trip thought experiment to illustrate the approach. (shrink)

Political theory as a discipline has long been skeptical of computational methods. In this paper, I argue that it is time for theory to make a perspectival shift on these methods. Specifically, we should consider integrating recently developed generative large language models like GPT-4 as tools to support our creative work as theorists. Ultimately, I suggest that political theorists should embrace this technology as a method of supporting our capacity for creativity—but that we should do (...) so in a way that is mindful of the content and value of theorizing, the technical constraints of the models, and the ethical questions that the technology raises. (shrink)

Recent developments in our globalized world are beginning the scholarly world to answer the question pertaining to the relationship between Islam—a “faith”—and politics and governance. In order to understand the Islamic worldview from the perspective of Ibn Khaldun, with whom many modern Islamists would agree with, a comparison is made with early progenitors of liberalism and the social contract, John Locke and Thomas Hobbes. By understanding the fundamental differences between the theorists, and how Ibn Khaldun’s is completely separate from the (...) western tradition, it becomes easier to understand exactly why Islamic models of governance are at direct odds with the west. The main difference between the two models of governance is the use of a fundamental criteria determining right from wrong, as opposed to Hobbes’ and Locke’s theories being based purely on assumption that the validity of their respective arguments is based upon the theory’s acceptance among the people. In other words, western political theorists lack the consistency and justification for their theories, at least from the Islamist point of view. (shrink)

If a political theory of ownership is to be acceptable, it must rationally prescribe one system or model of ownership as opposed to others. Such a prescription would be rational only if strong normative arguments could be mounted to show it more desirable than its competitors. Thus, the prefatory work for such a theory would consist in the construction of viable models of ownership from which a sound choice could be made. This project would, however, be (...) successful only if originating from coherent, evaluatively neutral analyses of the concept of ownership and other related ideas. The point of this essay is to do this prefatory work. (shrink)

ABSTRACT This article offers the first step in an ongoing project of revisiting the foundations of latinidad and lo latinoamericano by focusing on the exclusions enacted by the history of these concepts and the cultural and political identity that comes with them. In conversation with Susana Nuccetelli and Omar Rivera, the author focuses on two emblematic authors in the history of Latin American philosophy (Simón Bolívar and José de Vasconcelos) that are usually read as offering a novel, liberatory conception (...) of the Latin American reality/identity, categorically different from European and Anglo-American conceptions. This common reading of some of the foundational texts on Latin American identity, however, conceals not only the active, textual removal of Blackness in the construction of this identity, but also the literal subtraction of Black bodies, lives, and histories from the Latin American nations and communities. Both of these elements are an explicit part of the philosophical programs of Bolívar and Vasconcelos. The article shows how the thought and political practice of these two authors, celebrated in different ways as foundational of what we understand as Latin America today, exemplify the exclusionary historical demarcation of latinidad. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. (...) Chapter 2 then shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

The first part of this book contains a selection of Leszek Nowak’s (1943-2009) works on non-Marxian historical materialism, which are published here in English for the first time. In these papers, Nowak constructs a dynamic model of religious community, reconstructs historiosophical assumptions of liberalism and considers the methodological status of prognosis of totalitarization of capitalist society. In the second part of the book, new contributions to non-Marxian historical materialism are presented. Their authors analyze mechanisms of the oligarchization of liberal democracy, (...) the democratization of real socialism, and the development of early modern Ottoman and post-war Chinese societies. The volume will be of interest to graduate and undergraduate students, as well as specialists who deal with the development of capitalist society, philosophy of history, the philosophy of social sciences and the political philosophy of liberalism. (shrink)

From Plato to the present day, political theorists have used models of idealistic societies to think about politics. How can these idealistic models inform our thinking about political life in our non-ideal world? Not, as many political theorists have hoped, by providing normative guidance -- by showing us how things should be or where we should go. Even still, we can use these models to interpret the concepts we depend on to explain and evaluate (...) political behavior and institutions, thereby sharpening our explanations of how things work and our estimations of how to make things better. Seeing idealistic models in this light reveals a promising route to a form of political inquiry that integrates our explanatory aims and our normative aspirations. -/- (Updated: October 2024. The book is in production for publication by Oxford University Press, to appear in the Philosophy, Politics, and Economics series. I have uploaded the table of contents, chapter 1, and the bibliography.). (shrink)

Allies of those experiencing injustice or oppression face a dilemma: to be neutral in the face of calls to solidarity risks siding with oppressors, yet to speak or act on behalf of others risks compounding the injustice. We identify what we call ‘a normative demand for deference’ (NDD) to those with lived experience as a response to this dilemma. Yet, while the NDD is prevalent, albeit sometimes implicitly so, in contemporary solidarity theory and activist practice, it remains under-theorised. In (...) this article, we analyse the potential benefits of adhering to the NDD, highlighting both a commonly accepted epistemic benefit, and a neglected but important good in bearing witness. Yet adhering to the NDD also raises real challenges. While the literature focuses on a gold standard model of direct engagement, we defend a valuable role for a second-order form of engagement through reading, films, and similar media, which, we argue, is particularly salient for global and transnational solidarity, an important element of contemporary global politics. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original (...) position that ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

Many multinational corporations develop business operations in Europe. The current research attempts to fill the gap on how corporations can increase their political influence in this geography by exploring the joint effect of corporate political activity(CPA) and social responsibility (CSR) on political embeddedness and financial performance. Based on institutional theory and on a sample of autochthonous (European Union [EU]) and allochthonous (non-EU) firms with declared EU lobbying (from 2008to 2019) we conducted two studies. Based on a (...) multi-level model, Study 1 finds strong and robust evidence that boardroom gender diversity and EU lobbyists inter-actively increase EU political embeddedness. Complementarily, Study 2, which relies on general linear Modeling, suggests that allochthonous corporations are more profit-able when they display high-level political embeddedness and lobbying expenditures, combined with adoption of United Nations (UN) guidelines. Overall, findings show that lobbying in Europe pays off, especially when corporations strive to be aligned with EU ethical values and aspirations. Hiring lobbyists to be based in Brussels and promoting gender equality help establish EU political connections. Subsequently, findings highlight the role that EU political embeddedness, lobbying expenditures, and UN guidelines play in leveraging financial performance, especially across non-EU corporations. Regarding EU corporations, results show that a firm-level investment on CPA-CSR is particularly important. Overall, findings from this research support corporations that are growing businesses in Europe. KEYWORDScorporate political activity, corporate social responsibility, lobbying, return on assets (ROA),United Nations (UN_. (shrink)

Recent methodological debates regarding the place of feasibility considerations in normative political theory are hindered for want of a rigorous model of the feasibility frontier. To address this shortfall, I present an analysis of feasibility that generalizes the economic concept of a production possibility frontier and then develop a rigorous model of the feasibility frontier using the familiar possible worlds technology. I then show that this model has significant methodological implications for political philosophy. On the Target View, (...) a political ideal presents a long-term goal for morally progressive reform efforts and, thus, serves as an important reference point for our specification of normative political principles. I use the model to show that we can- not reasonably expect that adopting political ideals as long-term reform objectives will guide us toward the realization of morally optimal feasible states of affairs. I conclude by proposing that political philosophers turn their attention to the analysis of actual social failures rather than political ideals. (shrink)

In my dissertation, I derive a set of systematic principles and a conception of the political subject from Spinoza’s metaphysics and political writings and then bring these tools to bear on contemporary questions in democratic theory. I argue that Spinoza’s conception of the political subject answers feminist critiques of the liberal subject, while retaining an understanding of the need for empowered citizens in strong democracies. Spinoza’s normative political theory shows how political communities become (...) stronger through the empowerment and participation of their citizens. I argue that Spinoza’s naturalistic method provides a promising path for both ethics and political theory. In the first chapter of my dissertation, I sketch the history of the development and critiques of the ‘liberal’ conception of human nature. I argue that rather than a substantial conception of human nature, the liberal subject is a skeptical compromise developed for a very specific purpose following the post-Reformation Wars of Religion in Europe in the 16th century. I then take on a variety of critiques of the notion of human nature in general and of the liberal conception of human nature in particular. I argue that political theory requires a positive conception of human beings. Spinoza’s conception of the human individual, created in order to replace what Spinoza thought were problematic aspects of the theories of individuals proposed by Hobbes and Descartes, does not suffer from the problems of the liberal subject and is a good candidate for a positive conception of human nature. In Chapter Two, I set out the main components of Spinoza’s naturalistic conception of the human individual. Spinoza understands human beings as primarily affective, or emotional creatures, whose feelings mediate their conceptions of the world. For Spinoza, each individual can be understood to have an index of power, which can increase or decrease depending on the degree to which individuals understand and are able to control the forces that affect them. In Chapter Three, I show that Spinoza’s theory of the political state is parallel to his theory of the individual. For Spinoza, just as individual humans have an index of power that can increase or decrease depending on how their emotions are organized, so too states have different degrees of power depending on how the emotions and power of the human beings within them are organized. The challenge for a Spinozan state is to understand how to create social and political institutions to organize the emotions of the ‘multitude’ of individuals in the state in the best way to yield the strongest state. For Spinoza, the strongest, or most absolute state, is a democracy, which is also the freest kind of state. I set out Spinoza’s theory of democracy and show how it builds upon his notion of individual and collective power. In Chapter Four, I take up the potential objections of Iris Marion Young to Spinoza’s conception of democratic agreement. I say these objections are ‘potential’ because, although Young critiques Rousseau’s conception of the general will, she does not directly object to Spinoza’s view of ‘agreement’ as a necessary element in democratic deliberation. However, many of Young’s writings touch on this worry, particularly in her critiques of Rousseau, civic republicanism and contemporary deliberative democracy theory. I argue that Spinoza’s notion of agreement employs a different conception of reason than that found in Rousseau, or in the tradition of deliberative democratic theory. Reason, for Spinoza, is a collective achievement rather than a precondition for deliberation. Spinoza argues that agreements reached through large-scale discussion in a democracy are likely to be more ‘reasonable’ than those reached by few or by one. Spinoza and Young share, I argue, a similar conception of the role of affect in deliberation, and both recognize the importance of affects and imagination in social and political life. In Chapter Five, I contrast a Spinozan theory of empowerment to Martha Nussbaum’s capabilities approach. Nussbaum’s approach and that of Spinoza are consonant in many of their major aspects; however, I argue that in practice, Spinoza’s theory is better able to account for the contextual nature of empowerment and of the necessity to reform harmful social, moral and cultural norms through affective mechanisms. In the conclusion, I consider the larger implications for a Spinozan naturalist approach to political philosophy, and for the role that theories of human nature and metaphysics can play in political theory. I argue that by avoiding metaphysics and by avoiding conceptions of human nature, those interested in projects of emancipation can have no criteria for determining whether or not individuals have become emancipated or whether their power has in fact increased. The model I derive from Spinoza’s conception of individual power and his view of the power of political states as a function of the power of the coordination of individuals provides a promising alternative to liberal theories of the subject and to extant feminist theories of the human individual, which ignore the psychological and metaphysical aspects of human individual and collective power. (shrink)

Lipsey and Lancaster's "general theory of second best" is widely thought to have significant implications for applied theorizing about the institutions and policies that most effectively implement abstract normative principles. It is also widely thought to have little significance for theorizing about which abstract normative principles we ought to implement. Contrary to this conventional wisdom, I show how the second-best theorem can be extended to myriad domains beyond applied normative theorizing, and in particular to more abstract theorizing about the (...) normative principles we should aim to implement. I start by separating the mathematical model used to prove the second-best theorem from its familiar economic interpretation. I then develop an alternative normative-theoretic interpretation of the model, which yields a novel second best theorem for idealistic normative theory. My method for developing this interpretation provides a template for developing additional interpretations that can extend the reach of the second-best theorem beyond normative theoretical domains. I also show how, within any domain, the implications of the second-best theorem are more specific than is typically thought. I conclude with some brief remarks on the value of mathematical models for conceptual exploration. (shrink)

I want to examine the implications of a metaphysical thesis which is presupposed in various objections to Rawls' theory of justice.Although their criticisms differ in many respects, they concur in employing what I shall refer to as the continuity thesis. This consists of the following claims conjointly: (1) The parties in the original position (henceforth the OP) are, and know themselves to be, fully mature persons who will be among the members of the well-ordered society (henceforth the WOS) which (...) is generated by their choice of principles of justice. (2) The OP is a conscious event among others, integrated (compatibly with the constraints on knowledge and motivation imposed on the parties) into the regular continuity of experience that comprises each of their ongoing constitutes lives. (3) The parties in the OP thus are, and regard themselves as, psychologically continuing persons, partially determined in personality and interests by prior experiences, capable of recollection and regret concerning the past, anticipation and apprehensiveness regarding the future, and so on. Although the continuity thesis as stated above is not at odds with any of the conditions that define the OP, its exegetical validity is a matter for discussion. I shall be concerned to argue that if it is indeed contained in or a consequence of Rawls' theory, then it casts into doubt the capacity of the OP to generate or justify any principles of justice at all. On the other hand, if the continuity thesis is viewed as dispensable and unnecessary to the Rawlsian enterprise, then Rawls is correct in maintaining the irrelevance of the question of personal identity to the construction of his moral theory. In this case, the contract-theoretic, instrumentalist justification for the two principles of justice (henceforth the 2PJ) needs to be supplanted by a modified conception of wide reflective equilibrium. The considerations that form the bulk of this discussion then may be understood as providing a rationale for Rawls' recent revisions in the model of justification on which his theory of justice rests, and for his increasing emphasis on us as moral mediators between the OP and the WOS. Now I want to consider the question of whether or not, given the textual evidence, anything like the continuity thesis is stated or implied by Rawls, and what problems for his theory, if any, turn on a positive or negative answer to this question. -/- . (shrink)

The aim of this article is to demonstrate the thesis that the stabilization of Nigeria’s complicated political situation is furthered by the functioning in that country of institutions based on two models of interethnic power-sharing – consociationalism and centripetalism – and that the two are to some extent complementary in Nigerian practice, despite the fact that political theory sees the two as opposites of each other. The article begins with a short analysis of the political (...) situation in Nigeria. This is followed by a presentation of the problem of defining the notion of political stability and an assessment of the same in the Nigerian context. The article then goes on to discuss the nature of centripetalism and consociationalism and specific centripetal and consociational institutions involved in the stabilization of the political situation in Nigeria. The article ends with the author’s conclusions about the initial thesis. The article has been published in "Politeja" 2016, vol. 42, no. 3, pp. 53-73. For more on combining institutions of different models of power-sharing see: Krzysztof Trzcinski, Hybrid Power Sharing: On How to Stabilize the Political Situation in Multi-Segmental Societies, "Politeja" 2018, vol. 56, no. 5, pp. 86-107. (shrink)

When Adam Smith published his celebrated writings on economics and moral philosophy he famously referred to the operation of an invisible hand. Adam Smith's Political Philosophy makes visible the invisible hand by examining its significance in Smith's political philosophy and relating it to similar concepts used by other philosophers, revealing a distinctive approach to social theory that stresses the significance of the unintended consequences of human action. This book introduces greater conceptual clarity to the discussion of the (...) invisible hand and the related concept of unintended order in the work of Smith and in political theory more generally. By examining the application of spontaneous order ideas in the work of Smith, Hume, Hayek and Popper, Adam Smith's Political Philosophy traces similarities in approach and from these builds a conceptual, composite model of an invisible hand argument. While setting out a clear model of the idea of spontaneous order the book also builds the case for using the idea of spontaneous order as an explanatory social theory, with chapters on its application in the fields of science, moral philosophy, law and government. (shrink)

I offer two potential diagnoses of the behavioral norms governing post‐truth politics by comparing the view of language, communication, and truth‐telling put forward by David Lewis (extended by game theorists), and John Searle. My first goal is to specify the different ways in which Lewis, and game theorists more generally, in contrast to Searle (in the company of Paul Grice and Jurgen Habermas), go about explaining the normativity of truthfulness within a linguistic community. The main difference is that for Lewis (...) and game theorists, “truthful” signaling follows from an align- ment of interests, and deception follows from mixed motives leading to the calculation that sending false information is better for oneself. Following in the Enlightenment tradition, Searle argues that practical reasoning, which involves mastery of at least one language, requires that actors intend to communicate. This intention includes constraining the content of statements to uphold veracity conditions. After distinguishing between these two accounts, I will artic- ulate the implications for explaining, and even informing actions, constitutive of post‐truth politics. I argue that the strategic view of communication is suffi- cient neither to model everyday conversation nor to reflect a public sphere useful for democratic govern- ment. Both the pedagogy of strategic communication as cheap talk, and its concordance with new digital information technologies, challenge norms of truthful- ness that underlie modern institutions essential to an effective public sphere. (shrink)

This paper examines recent forms of post-identity thought within contemporary gender theory, specifically the works of Rosi Braidotti, Elizabeth Grosz and Bobby Noble. Despite the many insights that these theories offer, I argue that they suffer from what Lois McNay has labelled ‘social weightlessness’ insofar as their models of subjectivity and agency are disconnected from the everyday realities of social subjects. I identify two ways in which this social weightlessness is manifested in radical gender theories that endorse a (...) post-identity politics: (i) they overlook the social and political importance to many individuals of establishing stable, coherent identities; (ii) they are unable to offer a satisfactory account of agency. I suggest that these issues arise, at least in part, from the anti-recognition stance adopted by such radical gender theorists. I argue that by incorporating a properly nuanced model of recognition back into their theories they can imbue their accounts with a properly grounded model of the subject that is responsive to the inequalities and oppressions that infuse the particular concrete contexts in which we experience and live out our identities. (shrink)

The thesis examines political and economic transitions in Sub-Saharan Africa (SSA) and particularly in post-communist Ethiopia and Angola between 1989-2019 by applying the interpretative scheme of transition theory. The research question investigated how the economic liberalization of centrally planned political systems affects their political liberalization and vice versa. The main hypothesis attempted to answer whether transition theory can apply as an interpretative model in order to explain post-communist developments in the SSA context. Characteristic noteworthy country (...) examples, which have experienced communism for an extended period and are now under a hybrid developmental state form - with their impressive economic development being driven mainly by the state - are Ethiopia and Angola. Ethiopia and Angola belonged among the fastest-growing economies in the world among China, India and East Asian countries with astonishing high growth rates for extended periods. In turn, their political transition presented signs of liberalization. Yet, they seem to follow the stagnated path of developmental states and hybrid regimes. Ιn order to examine the political and socio-economic parameters of these transformations, the methodology uses also a combination of qualitative and quantitative research data through a twofold comparative approach. From the political perspective two similar political systems are compared. From the economic perspective, we compare a non-resource-rich economy such as Ethiopia with a resource-rich economy such as Angola. The degree of influence of socio-economic interventions by major external actors such as China, US and the EU to democratic consolidation, and vice versa, is examined as well as the repercussions of radical and gradual reforms. The findings of the study suggest that rapid economic transitions along with gradual political reforms in Ethiopia, Angola - and broadly in SSA - inevitably cause delays in socio-economic developments such as employment, inclusiveness and poverty alleviation. Structural external transition drivers in SSA such as debt, structural adjustment programs, subsidies, humanitarian aid and trade deficits seem to hamper its economic transitions than to facilitate its progress and non-dependency. These drivers lead to a vicious circle in most of the empirical examples of SSA. The strong hybrid developmental states of Ethiopia and Angola – despite their democratic progress - present more similarities to the developmental states of China or rest East Asia than to the Central Eastern European countries. In a certain degree, there are similarities also with cases of the Commonwealth of Independent States (CIS), which are still under Russia’s significant influence. The most context-specific parameters though, which concern Sub-Saharan Africa and diversify the states of Ethiopia and Angola from the existing interpretative scheme of transition theory are their high ethnic diversity and economic dependence from their external partners as well as their sui generis leadership. These parameters pose significant constraints to the diverse ethnic groups in their struggle for power and for their access to the natural resources. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some (...) cases significant, such discontinuities fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

According to standard rational choice theory, as commonly used in political science and economics, an agent's fundamental preferences are exogenously fixed, and any preference change over decision options is due to Bayesian information learning. Although elegant and parsimonious, such a model fails to account for preference change driven by experiences or psychological changes distinct from information learning. We develop a model of non-informational preference change. Alternatives are modelled as points in some multidimensional space, only some of whose dimensions (...) play a role in shaping the agentís preferences. Any change in these "motivationally salient" dimensions can change the agent's preferences. How it does so is described by a new representation theorem. Our model not only captures a wide range of frequently observed phenomena, but also generalizes some standard representations of preferences in political science and economics. (shrink)

Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and (...) Miranda Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

“Critical thinking in higher education” is a phrase that means many things to many people. It is a broad church. Does it mean a propensity for finding fault? Does it refer to an analytical method? Does it mean an ethical attitude or a disposition? Does it mean all of the above? Educating to develop critical intellectuals and the Marxist concept of critical consciousness are very different from the logician’s toolkit of finding fallacies in passages of text, or the practice of (...) identifying and distinguishing valid from invalid syllogisms. Critical thinking in higher education can also encompass debates about critical pedagogy, i.e., political critiques of the role and function of education in society, critical feminist approaches to curriculum, issues related to what has become known as critical citizenship, or any other education-related topic that uses the appellation “critical”. Equally, it can, and usually does, refer to the importance and centrality of developing general skills in reasoning—skills that we hope all graduates possess. Yet, despite more than four decades of dedicated scholarly work “critical thinking” remains as elusive as ever. As a concept, it is, as Raymond Williams has noted, a ‘most difficult one’ (Williams, 1976, p. 74). (shrink)

I submit that epistemic progress in key areas of contemporary academic philosophy has been compromised by politically correct ideology. First, guided by an evolutionary account of ideology, results from social and cognitive psychology and formal philosophical methods, I expose evidence for political bias in contemporary Western academia and sketch a formalization for the contents of beliefs from the PC worldview taken to be of core importance, the theory of social oppression and the thesis of anthropological mental egalitarianism. Then, (...) aided by discussions from contemporary epistemology on epistemic values, I model the problem of epistemic appraisal using the frameworks of multi-objective optimization theory and multi-criteria decision analysis and apply it to politically correct philosophy. I conclude that philosophy guided by politically correct values is bound to produce constructs that are less truth-conducive and that spurious values which are ideologically motivated should be abandoned. Objections to my framework stemming from contextual empiricism, the feminine voice in ethics and political philosophy are considered. I conclude by prescribing the epistemic value of empirical adequacy, the contextual value of political diversity and the moral virtue of moral courage to reverse unwarranted trends in academic philosophy due to PC ideology. (shrink)

In recent decades, theories of representation have undergone a constructivist turn, as many theorists no longer view the represented subject as prior to but rather as an effect of representation. Whereas some critics have claimed that lacking an ontologically pre-given subject undermines the theory of representation, many democratic theorists have sought to reconceptualize representation and its democratic possibilities by turning away from ontological questions altogether. By focusing instead on how representatives come to know the public interest, many scholars now (...) contend that an epistemological account best explains how political representation can foster democratic participation. Yet, theorists of representation have not assessed whether this turn to epistemology has overcome the ontological problems that initially motivated it. This article tracks epistemological defenses of representation to outline two models of political representation that attempt to tackle the epistemological problem of constituent interest without positing a foundational ontology of the subject. I argue that both theoretical tendencies ultimately remain caught in the problems of ontology, thereby undercutting their normative aspirations to foster political participation. Turning to Hannah Arendt’s comments on public interest and her writings on council democracy, the article retheorizes the concept of political representation to avoid the ontological problems that beset current accounts. (shrink)

The purpose of this paper is to illustrate, formally, an ambiguity in the exercise of political influence. To wit: A voter might exert influence with an eye toward maximizing the probability that the political system (1) obtains the correct (e.g. just) outcome, or (2) obtains the outcome that he judges to be correct (just). And these are two very different things. A variant of Condorcet's Jury Theorem which incorporates the effect of influence on group competence and interdependence is (...) developed. Analytic and numerical results are obtained, the most important of which is that it is never optimal--from the point-of-view of collective accuracy--for a voter to exert influence without limit. He ought to either refrain from influencing other voters or else exert a finite amount of influence, depending on circumstance. Philosophical lessons are drawn from the model, to include a solution to Wollheim's "Paradox in the Theory of Democracy". (shrink)

G. W. Leibniz developed a new model for rational decision-making which is suited to complicated decisions, where goods do not rule each other out, but compete with each other. In such cases the deliberator has to consider all of the goods and pick the ones that contribute most to the desired goal which in Leibniz’s system is ultimately the advancement of universal perfection. The inclinations to particular goods can be seen as vectors leading to different directions much like forces in (...) Leibniz’s dynamics. The vectorial model of rational decision-making is related to Leibniz’s work with metaphysical physics and the calculus of variations and is a heuristic tool which helps in finding reasonable combinations – in ideal cases optimums - between competing goods. By applying the model, the decision-maker can map and compare outcomes of combinations of goods in question and practice a kind of pseudo-mechanical arithmetic of reasons. A central feature of the model is the possibility to employ geometrical figures to help the conceptualization. In this paper I present the vectorial model, examine its applications in practical cases from political theory, jurisprudence and ethics Leibniz presented, and compare the model to recent theories of acting under uncertainty, such as bounded rationality and optimizing under constraints. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

In the monograph Philosophy and Psychedelics: Frameworks for Exceptional Experience, Hauskeller raises the important subject of individualization and alienation in psychedelic psychotherapy. Under the prevailing conditions of neoliberalism, Hauskeller contends that psychedelic-assisted psychotherapy appropriates Indigenous knowledges in an oppressive fashion, may be instrumentalised to the ends of productivity gain and symptom suppression, and may be utilised to mask societal systems of alienation. Whilst offering a valuable socio-political critique of psychedelics' clinical uptake, we suggest that Hauskeller's view does not adequately (...) acknowledge the ways in which psychedelics offer a challenge to the Western reductive bio-medical understanding of healing and wellbeing. It is contended herein that Indigenous knowledges, in alliance with a range of emerging sciences, offer both an engagement with ethnomedicines in a less harmfully appropriative fashion, and a renewed understanding of the means by which psychedelics achieve therapeutic change. With this understanding, what becomes apparent are the potential ways in which psychedelic medical usage may produce positive feedback upon the oppressive systems in which we are embedded. That is, transpersonal experience through encounters with the ineffable may offer a revisioning of Western psychology and cognitive science. Indeed, if psychedelics are approached with an understanding of the actual means by which they produce therapeutic outcomes—changing mental representations of the self, or self-insight derived through non-ordinary states of consciousness—then psychedelic psychotherapy offers a reimagining of psychiatric nosology, challenging conventional understandings of both pathology and wellbeing through an overturning of specified and discrete deficit models of psychopathology. This may provide both a critique of the prevailing categories used to describe madness and an expansion of our understanding of the mind-body relation, as well as an increased recognition of positive psychology grounded in cross-cultural contemplative traditions. This provides an implicit challenge to the pharmaceutical industrial-complex and its profit motives; and the corresponding neoliberalist, globalising tendencies which Hauskeller seeks to address. -/- . (shrink)

The aim of this study is to demonstrate the validity of the thesis that in Indonesia one can find institutions that characterize two power-sharing models which are considered opposites of one another in political theory – centripetalism and consociationalism. In consequence, the Indonesian power-sharing system should be viewed as a hybrid, or mixed, system, and not a typically centripetal system as is usually the case in the literature. At the beginning of this article, a short analysis of (...) Indonesia’s political situation is given for the purpose of defining the factors which determined the introduction of inter-segmental power-sharing arrangements in that country. This is followed by a description of the specificity of consociationalism and centripetalism. The article goes on to discuss specific institutions of both power-sharing models that exist in Indonesia and ends with some concluding remarks on the thesis advanced at the outset. The article has been published in "Polish Political Science Yearbook" 2017, vol. 46, no. 1, pp. 168–185. For more on combining institutions of different models of power-sharing see: Krzysztof Trzcinski, Hybrid Power Sharing: On How to Stabilize the Political Situation in Multi-Segmental Societies, "Politeja" 2018, vol. 56, no. 5, pp. 86-107. (shrink)

Community has been both celebrated and demonized as a fortress that shelters and defends its members from being exposed to difference. Instead of abandoning community as an antiquated model of relationships that is ill suited for our globalized world, this book turns to the writings of Giorgio Agamben, Roberto Esposito, and Jean-Luc Nancy in search for ways to rethink community in an open and inclusive manner. Greg Bird argues that a central piece of this task is found in how each (...) philosopher rearticulates community not as something that is proper to those who belong and improper to those who are excluded or where inclusion is based on one’s share in common property. We must return to the forgotten dimension of sharing, not as a sharing of things that we can contain and own, but as a process that divides us up and shares us out in community with one another. This book traces this problem through a wide array of fields ranging from biopolitics, communitarianism, existentialism, phenomenology, political economy, radical philosophy, and social theory. (shrink)

Julien Freund's political theory, particularly known for his 1965 opus magnum "L'essence du politique", rests on epistemological and philosophical foundations that he himself condensed into his "theory of essence." Although he first applied this theoretical model to politics, he conceived it as a tool for the global analysis of social phenomena from an onto-phenomenological and, in this same sense, anthropological perspective. However, there has not yet been a complete exposition of this theory, to which we now (...) aim to dedicate a first systematic study, focusing especially on two problems: the historical context in which the theory was forged and its general epistemological intent, which can only be adequately understood in its original metaphysical significance. (shrink)

It is sometimes argued that ideal theories in political philosophy are a form of ideology. This article examines arguments building on the work of Charles Mills and Raymond Geuss for the claim that ideal theories are cognitively distorting belief systems that have the effect of stabilizing unjust social arrangements. I argue that Mills and Geuss neither succeed in establishing that the content of ideal theories is necessarily cognitively defective in the way characteristic for ideologies, nor can they make plausible (...) which mechanisms ensure the alleged negative effects of the widespread acceptance of ideal theorizing. This does not mean that all hope is lost for the ideology objection, however. By turning to a second Marxian model of ideology, I argue that the ideological character of ideal theories is not so much a matter of their content, but rather of their form. Ideal theories falsely present the normative concepts that they use as semantically practice-independent and thereby block potential challenges from subordinate groups to dominant ideologies. It is therefore not the normative content of ideal theories which proves to be objectionable, but the particular role their concepts play in wider political discourse. (shrink)

This paper examines recent feminist work on Spinoza and identifies the elements of Spinoza’s philosophy that have been seen as promising for feminist naturalism. I argue that the elements of Spinoza’s work that feminist theorists have found so promising are precisely those concepts he derives from Hobbes. I argue that the misunderstanding of Hobbes as architect of the egoist model of human nature has effaced his contribution to Spinoza’s more praised conception of the human individual. Despite misconceptions, I argue that (...) the model of human nature, the view on human emotions and the conception of individual power that Hobbes created and Spinoza developed is an uncommonly useful one for feminist political theory. Through reexamining Hobbes’ model of human nature and the emotions I will argue that Hobbes’ theory of the internal weighing of emotions provides an important mechanism for understanding how the individuals’ affects can be reformed. I will show how we can use this naturalistic model of the human individual to answer contemporary theoretical and practical questions of how to empower women and how to effectively identify, challenge and change social categories, norms and institutions which are disempowering. In particular, I will argue that feminist projects of empowerment need a way to measure empowerment and a way to understand how to understand the power of harmful norms and customs. Understanding the way certain norms and practices disempower women while forming their affects and self‐conceptions provides the first step to reform of these practices. Spinoza and Hobbes provide us with a further tool to reform, and that is their understanding of the role of emotions in human action and power, and the need to reform and reorganize the emotions of individuals in order to escape harmful patterns of behavior. (shrink)

Jus post Bellum is, like Jus ad Bellum and Jus in Bello, a part of just war theory. Jus post Bellum is distinguished from the other parts of just war theory by being primarily concerned with the principles necessary for securing a just and lasting peace after the end of a war. Traditionally, jus post bellum has focused primarily on three goals: [1] compensating those who have been the victims of unjust aggression, while respecting the rights of the (...) aggressors, [2] punishing and rehabilitating those guilty of war crimes and other violations of the principles of Jus ad Bellum and Jus in Bello and [3] developing measures that will prevent future war and violence (Orend 2000 and May 2012). In this chapter, I outline an account of political forgiveness and explain the role that political forgiveness can have in promoting the goals of jus post bellum. My conception of political forgiveness requires some unpacking. Let me begin with individual forgiveness, which I understand along familiar Butlerian lines as the renunciation of resentment (Butler, Sermon IX in McNaughton 2017: 75-83), though with a bit of a twist. More exactly, ● An individual, I, forgives J for doing F if and only if I renounces all her own warrant for resenting J for doing F. Resentment is a judgment-sensitive attitude, and, therefore, it tends to track judgments concerning its warrant (Scanlon 1998: 20 and Smith 2015). In cases of perfect forgiveness, I’s renunciation causes her to cease feeling resentment toward J for doing F, though, of course, less perfect cases are possible. I reject the idea that there is a sharp discontinuity between individual and political forgiveness, a position argued for by, e.g., Peter Digeser (1998 and 2001). By contrast, I understand political forgiveness as the renunciation of resentment by the relevant political body in question. With greater precision, ● A sovereign political body, P, forgives J for doing F if and only if P renounces all warrant that its citizens have for resenting, as part of their public lives, J for doing F. A little more explanation is in order. Sovereign political bodies, such as national governments, claim degrees of control over the lives of their citizens, in both their public and their private aspects, though the claims with respect to the former tend to be considerably more expansive than the claims with respect to the latter. I assume here that, at least in the case of legitimate governments, these claims of control are often valid. Such governments may reasonably renounce certain grounds for motivating action in the public sphere. For example, governments may renounce all warrant that its citizens have, as part of their public lives, for hating members of marginalized groups. In practice, this means that, while citizens might continue to act in their private lives out of hatred for members of these groups, their appeal to this hatred is seen by the state as irrelevant to matters of law and public policy as well as being wholly out-of-place in public discourse. Political forgiveness toward J for doing F, as I understand it, involves an analogous rejection of resentment, on the part of citizens in their public lives, toward J for doing F. I turn now to the matter of how political forgiveness supports securing a just and lasting peace between former belligerents. With respect to the first goal of jus post bellum, political forgiveness helps to balance compensation for victims and respect for the rights of defeated aggressors by countering the all-too-human tendency to overvalue harms done to oneself and to members of one’s group. As regards the second goal, political forgiveness plays a similar role but also provides a model for rehabilitation by exemplifying among the victorious the behavior to be emulated by the vanquished. Finally, political forgiveness promotes the third goal of jus post bellum by providing a space for nations to meet as moral equals rather than allowing one nation to have the moral high ground over the other. None of this, of course, means that political forgiveness should be unearned or that it should be confused with condonation (Kolnai 1973 and Pettigrove 2004). However, the question of what is required to put oneself in a position to be forgiven as part of jus post bellum is a matter that goes beyond the scope of this chapter. (shrink)

Scholars studying classic political texts face an important decision: Should these texts be read as artifacts of history or as sources for still-valid insights about politics today? Competing historical and “presentist” approaches to political thought do not have a methodological dispute—that is, a disagreement about the most effective scholarly means to an agreed-upon end. They instead have an ethical dispute about the respective value of competing activities that aim at different purposes. This article examines six ethical arguments, drawn (...) primarily from the work of Quentin Skinner, in favor of the historical approach. It concludes that while both intellectual history and presentist theory are ethically justifiable, the best justification of the former enterprise is that it can help us achieve the purposes of the latter. (shrink)

Until fairly recently it was not uncommon for political theorists to hold the view that people cannot be expected to act in accordance with the public interest without some incentive. Authors such as Marcus Tullius Cicero, John Locke, David Hume and Adam Smith, for instance, held that people often act in accordance with the public interest, but more from a concern for their honour and reputation than from a concern for the greater good. Today, most authors take a more (...) demanding view, maintaining that people are to be just solely from a love for justice, not from a fear of losing face. In this article today's prevailing view, which sees honour as something obsolete and archaic and not as a legitimate motive, is contrasted with the older view that honour is important for both knowing what moral is and acting on it. Subsequently, it is argued that the ethics of honour, especially in the form it took in the works of Hume and Smith, can still be of value, exactly because it is less demanding. (shrink)

While to political theorists in the United States ‘community radio’ may seem a quaint holdover of the democratization movements of the 1960s, community radio has been an important tool in development contexts for decades. In this paper I investigate how community radio is conceptualized within and outside of the development frame, as a solution to development problems, as part of development projects communication strategy, and as a tool for increasing democratic political participation in development projects. I want to (...) show that community radio is an essential tool of democratization and democracy outside of the development frame. To do so, I will bring out the conceptual and structural dimensions of community radio through examples of existing community radios, both those which are independently created and those which have been created as development projects. These structural and conceptual elements provide community radio the potential to realize the goals of development practice while avoiding characteristic pitfalls. These ‘pitfalls’ of development are also pitfalls of democratization and democracy in existing democratic states, and include: depoliticization, limited participation, particularly of marginalized groups. (shrink)

Does Normative Behaviourism Offer an Alternative Methodology in Political Theory?

What, if anything, is problematic about the involvement of celebrities in democratic politics? While a number of theorists have criticized celebrity involvement in politics (Meyer 2002; Mills 1957; Postman 1987) none so far have examined this issue using the tools of social epistemology, the study of the effects of social interactions, practices and institutions on knowledge and belief acquisition. This paper will draw on these resources to investigate the issue of celebrity involvement in politics, specifically as this involvement relates to (...) democratic theory and its implications for democratic practice. We will argue that an important and underexplored form of power, which we will call epistemic power, can explain one important way in which celebrity involvement in politics is problematic. This is because unchecked uses and unwarranted allocations of epistemic power, which celebrities tend to enjoy, threaten the legitimacy of existing democracies and raise important questions regarding core commitments of deliberative, epistemic, and plebiscitary models of democratic theory. We will finish by suggesting directions that democratic theorists could pursue when attempting to address some of these problems. (shrink)

Despite widespread recognition of an emergent politics of data in our midst, we strikingly lack a political theory of data. We readily acknowledge the presence of data across our political lives, but we often do not know how to conceptualize the politics of all those data points—the forms of power they constitute and the kinds of political subjects they implicate. Recent work in numerous academic disciplines is evidence of the first steps toward a political (...) class='Hi'>theory of data. This article maps some limits of this emergent literature with an eye to enriching its theoretical range. The literature on data politics, both within political theory and elsewhere, has thus far focused almost exclusively on the algorithm. This article locates a further dimension of data politics in the work of formatting technology or, more simply, formats. Formats are simultaneously conceptual and technical in the ways they define what can even count as data, and by extension who can count as data and how they can count. A focus on formats is of theoretical value because it provides a bridge between work on the conceptual contours of categories and the technology-centric literature on algorithms that tends to ignore the more conceptual dimensions of data technology. The political insight enabled by format theory is shown in the context of an extended interrogation of the politics of racialized redlining. (shrink)

A crucial socio-political challenge for our age is how to rede!ne or extend group membership in such a way that it adequately responds to phenomena related to globalization like the prevalence of migration, the transformation of family and social networks, and changes in the position of the nation state. Two centuries ago Immanuel Kant assumed that international connectedness between humans would inevitably lead to the realization of world citizen rights. Nonetheless, globalization does not just foster cosmopolitanism but simultaneously yields (...) the development of new group boundaries. Group membership is indeed a fundamental issue in political processes, for: “the primary good that we distribute to one another is membership in some human community” – it is within the political community that power is being shared and, if possible, held back from non-members. In sum, it is appropriate to consider group membership a fundamental ingredient of politics and political theory. How group boundaries are drawn is then of only secondary importance. Indeed, Schmitt famously declared that “[e]very religious, moral, economic, ethical, or other antithesis transforms into a political one if it is suffciently strong to group human beings e#ectively according to friend and enemy”. Even though Schmitt’s idea of politics as being constituted by such antithetical groupings is debatable, it is plausible to consider politics among other things as a way of handling intergroup di#erences. Obviously, some of the group-constituting factors are more easily discernable from one’s appearance than others, like race, ethnicity, or gender. As a result, factors like skin color or sexual orientation sometimes carry much political weight even though individuals would rather con!ne these to their private lives and individual identity. Given the potential tension between the political reality of particular groupmembership defnitions and the – individual and political – struggles against those definitions and corresponding attitudes, citizenship and civic behavior becomes a complex issue. As Kymlicka points out, it implies for citizens an additional obligation to non-discrimination regarding those groups: “[t]his extension of non-discrimination from government to civil society is not just a shift in the scale of liberal norms, it also involves a radical extension in the obligations of liberal citizenship”. Unfortunately, empirical research suggests that political intolerance towards other groups “may be the more natural and ‘easy’ position to hold”. Indeed, since development of a virtue of civility or decency regarding other groups is not easy, as it often runs against deeply engrained stereotypes and prejudices, political care for matters like education is justified. Separate schools, for example, may erode children’s motivation to act as citizens, erode their capacity for it and!nally diminish their opportunities to experience transcending their particular group membership and behave as decent citizens. This chapter outlines a possible explanation for such consequences. That explanation will be found to be interdisciplinary in nature, combining insights from political theory and cognitive neuroscience. In doing so, it does not focus on collective action, even though that is a usual focus for political studies. For example, results pertaining to collective political action have demonstrated that the relation between attitudes and overt voting behavior or political participation is not as direct and strong as was hoped for. Several conditions, including the individual’s experiences, self-interest, and relevant social norms, turned out to interfere in the link between his or her attitude and behavior. Important as collective action is, this chapter is concerned with direct interaction between agents and the in$uence of group membership on such interaction – in particular joint action. Although politics does include many forms of action that require no such physical interaction, such physical interaction between individuals remains fundamental to politics – this is the reason why separate schooling may eventually undermine the citizenship of its isolated pupils. This chapter will focus on joint action, de!ned as: “any form of social interaction whereby two or more individuals coordinate their actions in space and time to bring about a change in the environment”. Cognitive neuroscienti!c evidence demonstrates that for such joint action to succeed, the agents have to integrate the actions and expected actions of the other person in their own action plans at several levels of speci!city. Although neuroscienti!c research is necessarily limited to simple forms of action, this concurs with a philosophical analysis of joint action, which I will discuss below. (shrink)

Two prominent normative theories of business ethics are stakeholder and shareholder theory. Business ethicists generally favor the former, while business people prefer the latter. If the purpose of business ethics is “to produce a set of ethical principles that can be both expressed in language accessible to and conveniently applied by an ordinary business person” , then it is important to examine this dichotomy.While superficially attractive, the normative version of stakeholder theory contains numerous limitations. Since balancing multiple stakeholder (...) preferences is difficult, competing claims often become tests of political strength rather than justice. Furthermore, stakeholder theory has significant normative weaknesses.Although less attractive to academic ethicists, shareholder theory may provide superior results for society. The shareholder model focuses companies on meeting society’s material needs. Wise owners often balance other stakeholders’ views well since it is necessary for the business’s long-term success. Finally, shareholder theory has a strong normative basis in autonomy.In light of this analysis, it is incumbent upon academic business ethicists to emphasize the value of shareholder theory when teaching business ethics courses. (shrink)

Can purely predictive models be useful in investigating causal systems? I argue ‘yes’. Moreover, in many cases not only are they useful, they are essential. The alternative is to stick to models or mechanisms drawn from well-understood theory. But a necessary condition for explanation is empirical success, and in many cases in social and field sciences such success can only be achieved by purely predictive models, not by ones drawn from theory. Alas, the attempt to (...) use theory to achieve explanation or insight without empirical success therefore fails, leaving us with the worst of both worlds – neither prediction nor explanation. Best go with empirical success by any means necessary. I support these methodological claims via case studies of two impressive feats of predictive modelling: opinion polling of political elections, and weather forecasting. (shrink)

-/- This essay discusses the relation between ideal theory and two forms of political moralism identified by Bernard Williams, structural and enactment views. It argues that ideal theory, at least in the sense Rawls used that term, only makes sense for structural forms of moralism. These theories see their task as describing the constraints that properly apply to political agents and institutions. As a result, they are primarily concerned with norms that govern action. In contrast, many (...) critiques of ideal theory are structured and motivated by their commitment to an enactment model of political theorizing. This instead sees political agents and institutions as instruments for producing or promoting better states of affairs. Enactment models treat the evaluations that rank different states of affairs as justificatorily basic, rather than norms governing action on which structural models focus. This reveals an important feature of debates about ideal theory. Whether ideal theory is capable of appropriately guiding action will depend on what the criteria for appropriately guiding action are, about which different theorists have importantly different views. For example, some popular strategies for defending ideal theory fail, while it may be much less clear that some alternatives to ideal theory can provide action guidance than their advocates claim. (shrink)

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: (...) from ideology, from the relationship of ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

There are many situations and policies that strike us as unjust and make us look for alternatives. Yet in the absence of a clear definition, we may end up by equating injustice with everything that is evil in the world.