Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.

In a recent paper, Jonathan Quong tries to offer further support for “the proposition that there are sometimes agent-relative prerogatives to harm nonliable persons.” In this brief paper, I will demonstrate that Quong’s argument implicitly relies on the premise that the violinist in Thomson’s famous example has a right not to be unplugged. Yet, first, Quong provides no argument in support of this premise; and second, the premise is clearly wrong. Moreover, throughout his paper Quong just question-beggingly and without argument (...) assumes that one cannot lose rights in other ways than by one’s own responsible action. I conclude that Quong has failed to provide further support for his thesis. (shrink)

This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also as (...) a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

Insufficient vaccination coverage is an important public health problem in many countries, since it leads to the loss of herd protection and the resurgence of previously exterminated diseases. However, policies of mandatory childhood vaccination capable of raising vaccination rates continue to be controversial. In this article I review the arguments for mandatory childhood vaccination, setting out the strongest teleological argument in favour, and then critically examining the two strongest potential objections: paternalism and the parental prerogative. I argue that the (...) challenge of paternalism fails because it confuses the identities of those subject to restricted liberty and those who autonomously dissent, and because non-vaccination imposes risks on others. I argue that the challenge of a parental prerogative fails because it cannot be intuitively or theoretically supported in a form that would make it permissible to impose risks on others. I conclude that in lieu of further and more plausible objections at least some policies of mandatory childhood vaccination are morally permissible. (shrink)

Reading Anthony Gregory's massive tome on the development of habeas corpus from fourteenth century England through its incorporation into Common Law, and then into Article One of the US Constitution and finally, down to the Patriot Act and other more recent modifications of the “great writ,” I am reminded of something that I heard as a graduate student many decades ago, when I asked a professor about reading a particularly demanding book. I was urged to plunge into that text, providing (...) I could spare a few months. Unlike the book I asked about then, which was a total waste of time (as I soon discovered), Gregory's study is a monument to meticulous research. (shrink)

The standard analysis of supererogation is that of optional actions that are praiseworthy to perform, but not blameworthy to skip. Widespread assumptions are that action beyond the call is at least necessarily equivalent to supererogation ("The Equivalence") and that forgoing certain agent-favoring prerogatives entails supererogation (“The Corollary”). I argue that the classical conception of supererogation is not reconcilable with the Equivalence or the Corollary, and that the classical analysis of supererogation is seriously defective. I sketch an enriched conceptual scheme, “Doing (...) Well Enough (DWE)”, that allows for distinct analyses of action beyond the call and supererogation, among other often neglected fundamental moral notions. Parallels and asymmetries with suberogation are briefly explored. Apparently, DWE’s core act-evaluative notions are more fundamental than the agent-evaluative ones of supererogation/suberogation. (shrink)

We argue that supererogation cannot be understood just in terms of reasons for action. In addition to reasons, a theory of supererogation must include prerogatives, which can make an action permissible without counting in favor of doing it.

In Almost Over: Aging, Dying, Dead, Frances Kamm seeks to make sense of people’s widely variant choices about which lives they would choose to continue living. She does this by defending the Prudential Prerogative, which, in analogy to the Moral Prerogative, holds that in a fairly wide range of conditions we are under no intrapersonal rational obligation to choose either to die or to live on. I argue against Kamm's case for the Prudential Prerogative in favor of (...) Life Holism, the view that you ought to live the life that would be best for you as an individual when each potential life is considered as a whole. I argue that the features of the Moral Prerogative that make it an attractive principle do not transfer to the Prudential Prerogative, and that Life Holism can better account for the perspectival and non-summative features of the normative phenomena Kamm wants to capture while retaining a tight connection between reasons and goodness. (shrink)

According to the moral standards most of us accept and live by, morality generally permits us to refrain from promoting the good of others and instead engage in non-harmful projects of our own choice. This aspect of so-called ‘ordinary morality’ has turned out to be very difficult to justify. Recently, though, various authors, including Bernard Williams and Samuel Scheffler, have proposed “Integrity Theories” that would vindicate this aspect of ordinary morality, at least in part. They are generated by treating as (...) a default some moral theory, like consequentialism, that demands that we do a great deal of good. The theory is then modified so as to make room for individuals to pursue the projects they value most deeply, and perhaps their trivial interests as well—i.e., so as to respect individual integrity. This paper presupposes that Integrity Theories are correct and that, for the reasons given by others, they can explain why morality should grant us agent-centered prerogatives to pursue our own projects and interests. The goal is to extend this work in two respects. First, it will be shown that previous authors have not paid sufficient attention to ordinary morality’s conflicting pronouncements about agent-centered prerogatives. Second, it is argued that Integrity Theories can vindicate those conflicting intuitions by positing a special kind of obligations, relievable obligations. (shrink)

Carl Schmitt contends that liberal constitutionalism or the rule of law fails because it neglects the state of exception and the political, namely politics viewed as a distinction between friend and enemy groups. Yet, as a representative of liberal constitutionalism, Locke grapples with the state of exception by highlighting a magistrate prerogative and/or the right of the majority to act during a serious political crisis. Rather than neglecting the political, Locke’s state of war presupposes it. My thesis is that (...) Schmitt’s assault against Locke’s liberal constitutionalism is one-sided, and hence Locke’s militant liberalism can disarm it. In support of my thesis I shall argue (1) that Schmitt overlooks Locke’s distinction between liberty and license; (2) that, ironically, Schmitt’s conception of politics resembles Locke’s state of war; and (3) that Locke’s liberalism is militant rather than neutral because it excludes extremists from enjoying equal civil and political rights, as reasonable citizens do, to compete for political power. (shrink)

Moral latitude is only ever a matter of coincidence on the most popular decision procedure in the literature on moral uncertainty. In all possible choice situations other than those in which two or more options happen to be tied for maximal expected choiceworthiness, Maximize Expected Choiceworthiness implies that only one possible option is uniquely appropriate. A better theory of appropriateness would be more sensitive to the decision maker’s credence in theories that endorse agent-centred prerogatives. In this paper, we will develop (...) and defend a modified version of this view that allows for agent-centred prerogatives and supererogation as part of its verdicts about appropriateness. (shrink)

I argue that you can be permitted to discount the interests of your adversaries even though doing so would be impartially suboptimal. This means that, in addition to the kinds of moral options that the literature traditionally recognises, there exist what I call other-sacrificing options. I explore the idea that you cannot discount the interests of your adversaries as much as you can favour the interests of your intimates; if this is correct, then there is an asymmetry between negative partiality (...) toward your adversaries and positive partiality toward your intimates. (shrink)

Some of the barriers to the realisation of equality reflect the value of respecting prerogatives people have to favour themselves. Even G.A. Cohen, whose egalitarianism is especially pervasive and demanding, says that.

It is generally agreed that using lethal or otherwise serious force in self-defense is justified only when three conditions are satisfied: first, there are some grounds for the defender to give priority to his own interests over those of the attacker (whether because the attacker has lost the protection of his right to life, for example, or because of the defender’s prerogative to prefer himself to others); second, the harm used is proportionate to the threat thereby averted; third, the (...) harm is necessary to avert that threat. The first and second conditions have been exhaustively discussed, but the third has been oddly neglected. Meanwhile a prominent school of thought has arisen, in the ethics of war, which seeks to ground the justification of killing in war in principles of individual self-defense. They too have failed to offer any substantive analysis of necessity, while at the same time appealing to it when it suits them to do so. In this paper, I attempt a detailed analysis of the necessity constraint on defensive force, and explore the implications of that analysis for the attempt to transpose principles of individual self-defense into the context of warfare. (shrink)

This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...) to protect the speech of academics, but also to give them the prerogative to determine which views and speakers have sufficient disciplinary credentials to receive a hearing in academic contexts. No platforming should therefore be acceptable to liberals, in principle, in cases where it is used to support a university culture that maintains rigorous disciplinary standards, by denying attention and credibility to speakers without appropriate disciplinary credentials. (shrink)

If Carl Schmitt’s Political Theology (1922) serves as a sort of ‘ground zero’ of political theological questions, at least in the disciplinary framework of political and legal theory, today’s debate has managed to look beyond Schmitt’s analysis of political authority, public law and the prerogatives of sovereign power. Schmitt’s genealogical and analogical methods have thus been redeployed to trace not only the modern concept of power back to Christian theology between the second and the fifth centuries, but to expose a (...) systemic relation between the Trinitarian idea of ‘oikonomia’ and modern forms of biopolitical governance. This chapter contributes to contemporary reflections on economic theology. Drawing on Schmitt’s early attempts to elaborate a concept of ‘neutralization’, it makes the case for a theological-based analysis of ‘neoliberalization’ after the Great Crash of 2008. (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in shared practices (...) that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

This article applies the tools of experimental philosophy to the ongoing debate about both the theoretical viability and the practical import of partially aggregative moral theories in distributive ethics. We conduct a series of three experiments (N=383): First, we document the widespread occurrence of the intuitions that motivate this position. Our study then moves beyond establishing the existence of partially aggregative intuitions in two dimensions: First, we extend experimental work in such a way as to ascertain which amongst existing versions (...) of partial aggregation (localised vs. global) chimes more fully with moral common sense. Specifically, we document how, in tie-breaking cases, ‘irrelevant goods’ judgments (Kamm) are just as robust as the original aggregative/non-aggregative pair of judgments that constitute partial aggregation. Second, by pairing laypeople’s moral judgments in standard cases with their intuitions about the limits of permissible self-prioritisation, we investigate whether one prominent explanation of why irrelevant claims may not be aggregated (Voorhoeve’s ‘personal prerogative’ argument) can be said to underpin people’s intuitions about the (ir)relevance relation of claims in conflict cases. We close with a discussion of our findings’ practical and theoretical import and highlight avenues for future research. (shrink)

I argue that a parental prerogative to sometimes prioritize the interests of one’s children over the interests of others is insufficient to make the parental refusal of routine childhood vaccines morally permissible. This is because the moral permissibility of vaccine refusal follows from such a parental prerogative only if the only (weighty) moral reason in favor of vaccination is that vaccination is a means for promoting the interests of others. However, there are two additional weighty moral reasons in (...) favor of routine vaccination: fairness and concern for the vulnerable. These moral reasons in favor of vaccination are not defeated by a parental prerogative to prioritize the interests of one’s children over the interests of others. (shrink)

This paper challenges a common dogma of the literature on forgiveness: that only victims have the standing to forgive. Attacks on third-party forgiveness generally come in two forms. One form of attack suggests that it follows from the nature of forgiveness that third-party forgiveness is impossible. Another form of attack suggests that although third-party forgiveness is possible, it is always improper or morally inappropriate for third parties to forgive. I argue against both of these claims; third-party forgiveness is possible, and (...) in some cases it is morally appropriate for third parties to forgive (or refuse to forgive) wrongdoers for wrongs done to victims. I also propose an explanation of third parties’ standing to forgive: third parties have the standing to forgive when it is appropriate for them to take wrongs done to victims ‘personally’. While appropriately ‘taking a wrong personally’ does not require seeing oneself as a victim, it typically does require being in some form of personal relationship with victims. Thus, while the standing to forgive is not grounded exclusively in having been wronged, the prerogative to forgive is normally limited to victims and their loved ones. And once we recognize the importance of third-party forgiveness in our moral lives and the norms that govern it, we can more easily adjudicate between competing accounts of the nature of forgiveness.​. (shrink)

Reliance on intuitive and emotive responses is widespread across many areas of bioethics, and the current debate on biotechnological human enhancement is particularly interesting in this respect. A strand of “bioconservatives” that has explicitly drawn connections to the modern conservative tradition, dating back to Edmund Burke, appeals explicitly to the alleged wisdom of our intuitions and emotions to ground opposition to some biotechnologies or their uses. So-called bioliberals, those who in principle do not oppose human bioenhancement, tend to rely on (...) rational arguments and to see intuitions and emotions mostly as sources of biases. This approach often translates into shifting the burden of proof onto bioconservatives and challenging them to provide arguments against the proposed enhancement to back what bioliberals perceive as merely intuitive, emotive, and irrational reactions. -/- In this article, I am going to show that the methodological divide between bioliberals and bioconservatives is less significant than at first glance it appears to be and less significant than it is often taken to be. I will do so by defending two theses. The first is that reliance on intuitions and emotions is not a prerogative of bioconservatives: bioliberals have their typical intuitions and emotive responses and are for this reason exposed to potential biases in the same way as bioconservatives are. The second thesis is that reliance on intuitions and emotions is not necessarily antithetic to reason and rationality. This latter thesis has been philosophically defended with particular reference to the debate on biotechnologies, while the former is perhaps more controversial and more difficult to accept—at least for bioliberals. In both cases, I will support the claims by drawing on resources from the field of moral psychology and the sciences of the mind and, particularly, by applying to some positions in the enhancement debate recent findings about the role of intuitions and emotions in human moral assessment. This new empirically informed perspective holds promises for solving the methodological controversy between bioconservatives and bioliberals, thus enabling proper dialogue and debate between the two sides. (shrink)

Joe Horton argues that partial aggregation yields unacceptable verdicts in cases with risk and multiple decisions. I begin by showing that Horton’s challenge does not depend on risk, since exactly similar arguments apply to riskless cases. The underlying conflict Horton exposes is between partial aggregation and certain principles of diachronic choice. I then provide two arguments against these diachronic principles: they conflict with intuitions about parity, prerogatives, and cyclical preferences, and they rely on an odd assumption about diachronic choice. Finally, (...) I offer an explanation, on behalf of partial aggregation, for why these diachronic principles fail. (shrink)

The categorical denial of third-party forgiveness represents an overly individualistic approach to moral repair. Such an approach fails to acknowledge the important roles played by witnesses, bystanders, beneficiaries, and others who stand in solidarity to the primary victim and perpetrator. In this paper, I argue that the prerogative to forgive or withhold forgiveness is not universal, but neither is it restricted to victims alone. Not only can we make moral sense of some third-party acts and utterances of the form, (...) “I can or cannot forgive…” but also, we ought to recognize them as legitimate instances of third party forgiveness. Concern for the primary victim’s autonomy tends to exaggerate a need for moral deference, while ignoring how others are called upon to support and mediate for victims of violence and oppression. I advocate a cautious extension of the victim’s prerogative to forgive, one that grounds forgiveness in a double relation of sympathetic identification and attentive care. Following Jean Harvey’s recent work, I call this relationship moral solidarity. Furthermore, I argue, there are important moral and political reasons to acknowledge third party forgiveness; these reasons are particularly evident in contexts of oppression. In fact, third party refusals to forgive may have particular moral significance. In situations of abuse, oppression and damaged self-respect, third party refusals may protect the agency of victims who too easily forgive. (shrink)

This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, but in the name (...) of the State, and are thus attributed to the State via a relation of representation. In the first section, the paper presents Stein’s thesis that the sovereignty of the State entails a series of legal prerogatives, which in turn result in various social acts being ascribed to the State through its representatives. In the second section, the paper critically discusses Stein’s views, notably her theory of representation, and her account of the nature of the State, while emphasizing its most interesting aspects, namely, its fine-grained analyses of the various acts that are attributed to the State. (shrink)

When do claims to be saved of a small or moderate harm aggregate against a competing claim to be saved from an early death? In this short response to Kamm's Bioethical Prescriptions, I argue for the following answer: aggregation of weaker claims against a life is permitted just in case, in a one-to-one contest, a person with a weaker claim would have a personal prerogative to prioritize her claim over a stranger’s competing claim to life.

For many, it is far from clear where the prerogatives of parents to educate as they deem appropriate end and the interests of their children, immediate or future, begin. In this article I consider the educational interests of children and argue that children have an interest in their own well-being. Following this, I will examine the interests of parents and consider where the limits of paternalism lie. Finally, I will consider the state's interest in the education of children and discuss (...) a familiar view that argues that we have a central obligation to cultivate good citizens. The article will focus on the tensions which inevitably arise from the sometimes conflicting interests between them. (shrink)

Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...) an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)

Departing from what Levey and Sznaider (2002) in their seminal work ‘Memory Unbound’ refer to as ‘cosmopolitan memory’ that emerges as one of the fundamental forms ‘collective memories take in the age of globalization’, this article will consider the underlying ethical implications of global memory formation that have yet to be adequately theorized. Since global disseminations of local memory cultures and the implicit canonization of its traumas are intimately related to the concept of archive, I will first focus on what (...) Derrida (1996) in Archive Fever calls ‘archival violence’ and will show its inherent relation to the formation of cosmopolitan memory. Another related concept that I will use and that will problematize the transformation of living, embodied memory into archival, cultural memory upon which the formation of cosmopolitan memory depends is the witness. Using Agamben’s writing (2002) in this context that in Remnants of Auschwitz focuses on the foundational (im)possibilities of bearing witness, I will show that this transformation that determines the very possibility of cosmopolitan memory is far from unproblematic and readily accessible as Levy and Sznaider seem to assume. What will emerge as the most distinctive concern of global memory formation is the ethical material of difference as that which both makes its imperatives historically and politically exigent and that which signifies the difficulties of its unified articulation. Solidarity with the suffering of the other that mobilizes the very formation of cosmopolitan memory is also what should solicit vigilance against the universalistic ritualizations of its prerogatives. (shrink)

From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a right, (...) founded on the basic instinct of self-preservation and on the notion that, in civil society, we have certain minimal duties of humanity towards each other. I review Pufendorf’s secularized account of natural law, his conception of the civil state, and the function of private property. I then turn to his criticism of Grotius’s understanding of the right of necessity as a retreat to the pre-civil right of common use, and defend his account against some recent criticisms. Finally, I examine the conditions deemed necessary and jointly sufficient for this right to be claimable, and conclude by pointing to the main strengths of this account. Keywords: Samuel Pufendorf, Hugo Grotius, right of necessity, duty of humanity, private property. (shrink)

The variety and ambiguity of our use of negation has often been classified according to the classes of negated terms. But if we take into account, first, the negations of possibility and necessity, and second, the negations of questions and wishes, it seems that not only negated expressions change, but the way to negate as well. If we consider that up to here every negation has only been a relative one, we may ask if it is possible to say „nothing“ (...) or „not“ in an absolute manner. This attempt is not idle, since great principles, such as that of sufficient reason , possibly make use of an absolute „not.“ How to speak of an "absolute nothing"? - Our negative speech is not exhausted by negation, since opposition, contradiction and difference contain some idea of the negative too. Certain remarks in Plato’s Sophist point to a prerogative position of difference within the whole group of negative speech mentioned above. (shrink)

In this paper we aim to demonstrate the enormous ethical complexity that is prevalent in child obesity cases. This complexity, we argue, favors a cautious approach. Against those perhaps inclined to blame neglectful parents, we argue that laying the blame for child obesity at the feet of parents is simplistic once the broader context is taken into account. We also show that parents not only enjoy important relational prerogatives worth defending, but that children, too, are beneficiaries of that relationship in (...) ways difficult to match elsewhere. Finally, against the backdrop of growing public concern and pressure to intervene earlier in the life cycle, we examine the perhaps unintended stigmatizing effects that labeling and intervention can have and consider a number of risks and potential harms occasioned by state interventions in these cases. (shrink)

In the biomedical context, policy makers face a large amount of potentially discordant evidence from different sources. This prompts the question of how this evidence should be aggregated in the interests of best-informed policy recommendations. The starting point of our discussion is Hunter and Williams’ recent work on an automated aggregation method for medical evidence. Our negative claim is that it is far from clear what the relevant criteria for evaluating an evidence aggregator of this sort are. What is the (...) appropriate balance between explicitly coded algorithms and implicit reasoning involved, for instance, in the packaging of input evidence? In short: What is the optimal degree of ‘automation’? On the positive side: We propose the ability to perform an adequate robustness analysis as the focal criterion, primarily because it directs efforts to what is most important, namely, the structure of the algorithm and the appropriate extent of automation. Moreover, where there are resource constraints on the aggregation process, one must also consider what balance between volume of evidence and accuracy in the treatment of individual evidence best facilitates inference. There is no prerogative to aggregate the total evidence available if this would in fact reduce overall accuracy. (shrink)

Una din cele mai citite cărți din lume, considerată o metaforă a condiției umane, și pretabilă la o pluralitate de interpretări, Aventurile lui Pinocchio a avut un impact mare asupra culturii mondiale. Cartea răspunde unei prerogative care aparține doar capodoperelor: aceea de a fi în afara timpului. Cartea pune accent pe investigarea psihologică a personajului său central Pinocchio, în timp ce încearcă să descopere o umanitate pierdută în vidul tehnologiei și al științei. Mitul Pinocchio este folosit pentru a condamna (...) cultura violenței și a consumerismului. Collodi apelează cu succes la interacțiunile metaforice, bipolaritățile, și miracolele ambigue. Identitatea lui Pinocchio este adesea jucată la limită, imaginată de el însuși și de toți cei pe care îi întâlnește în drum. Pinocchio este numele vieții care este simultan anorganică, umană și animală. Aventurile lui Pinocchio explorează modul în care experiențele câștigate în spațiul heterotopic oferă individului capacitatea de a modifica viziunea panoramică, și cum aceste experiențe ne pot arăta în cele din urmă cum putem recupera sau restabili existența noastră ca subiecți individuali. -/- CUPRINS: -/- Abstract Carlo Collodi Aventurile lui Pinocchio Pinocchio Mitul Psihologia Dualitatea Heterotopia Identitatea Inteligența artificială Umanismul Devenirea Demiurgul Educația Bibliografie -/- DOI: 10.13140/RG.2.2.22089.67688. (shrink)

Abstract. Following the tracks of Ryle and based upon the theory of complex systems, we shall develop a characterization of action-based consciousness as an embodied, embedded, selforganized process in which action and dispositions occupy a special place. From this perspective, consciousness is not a unique prerogative of humans, but it is spread all around, throughout the evolution of life. We argue that artificial systems such as robots currently lack the genuine embodied embeddedness that allows the type of self-organization that (...) is relevant to consciousness. -/- Sommario. Seguendo la linea tracciata da Ryle e basata sulla teorie dei sistemi complessi, svilupperemo una caratterizzazione della coscienza basata sull’azione come un processo incarnato, situato e auto organizzante nel quale le azioni e le disposizioni occupano un ruolo decisivo. Da questo punto di vista, la coscienza non è una prerogativa esclusiva degli esseri umani, ma è diffusa nel mondo naturale grazie ai processi evolutivi. Noi sosteniamo che i sistemi artificiali come i robot attualmente sono carenti del tipo di relazione con la corporeità e con l’ambiente che consente quel tipo di auto-organizzazione indispensabile per l’emergenza della coscienza. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 January]1 Effective (...) protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Recent debate regarding transgender persons’ bathroom-utilization prerogatives raises broader issues concerning current practices of sex segregation more generally. I argue that the only consistently Progressive position on bathroom access is an outright opposition to any form of bathroom segregation. This opposition, in turn, entails a thorough-going rejection of all types of sex- and gender-segregation. I then suggest that Progressives uncomfortable with such wide-ranging implications may wish to consider the merits of a certain Traditionalist position on such matters—one that counsels caution (...) and legislative forbearance when it comes to overturning long-standing customs (such as those embodied in current practices of sex-segregation). (shrink)

Susan Okin read Robert Nozick as taking it to be fundamental to his Libertarianism that people own themselves, and that they can acquire entitlement to other things by making them. But she thinks that, since mothers make people, all people must then be owned by their mothers, a consequence Okin finds absurd. She sees no way for Nozick to make a principled exception to the idea that people own what they make when what they make is people, concluding that Nozick’s (...) theory of entitlement must be false, and that entitlement must instead be rooted in people’s needs. I say Okin misreads Nozick’s Libertarianism. In fact, its fundamental principle is that, simply by being persons, people are entitled to the maximum negative liberty compatible with a like liberty for all persons. Further, Nozick, and Jan Narveson, who has taken on the advocacy of Libertarian ideas, analyze liberty as freedom to interact with things, and analyze being entitled to or having property in something, as freedom to interact with it, to determine what may be done with it. People therefore have such freedom to do what they want with themselves, and such freedom to do what they want with other things, as is compatible with all persons having similar freedom. The former is what self-ownership amounts to, the latter, ownership of other things. Libertarianism’s fundamental principle therefore both grounds and delimits entitlements in ways entailing that mothers don’t own persons by dint of making them. Otherwise, since it would then be the prerogative of mothers to determine what shall be done with the persons they made, the persons made would lack equal liberty, this violating the fundamental principle. (shrink)

The concept of stage presence in performing arts is generally understood as the ability of the skilled performer to capture the attention of the audience, a prerogative of the talented actor, who occupies a position of power in respect to the audience. This work challenges the classic model of stage presence as an intrinsic quality of the performer and proposes instead a cognitive ecological ethnographic framework which considers the role played by various social actors — the public and the (...) performers, embedded in specific historical, cultural, and social environments — in shaping the performance event. Through an ethnographic and phenomenological analysis of the concept of stage presence in different performative contexts, this work proposes a cognitive ecological approach to the study of stage presence, suggesting possible methodological directions. (shrink)

In the following pages, the main proposal is to indicate how Max Weber has dialogued directly with some prerogatives from Kant’s Critic of practical Reason, following the reception of Wilhelm Windelband’s concept of “responsibility” (Verantwortlichkeit) and his theory of values. In sight of these influences, in this paper will be argued how Weber adherence to the neo-Kantian value concept has made possible a review on the categorical imperatives, which has turned his reading from Kantian philosophy to the proposal of an (...) antinomy between the ethic of conviction and the ethic of responsibility inside the Kantian moral maxims. -/- Nessa abordagem será proposto que a recepção de Max Weber do conceito de “responsabilidade” (Verantwortlichkeit) de Wilhelm Windelband, bem como sua revisão de certos elementos da filosofia dos valores neokantiana do sudoeste da Alemanha, permitiram que Weber estabelecesse um diálogo mais direto com os pressupostos de Kant em sua Crítica da razão prática. Em vista dessas influências, o presente artigo argumentará que a maneira como Weber revisa os imperativos categóricos direcionou sua compreensão da filosofia kantiana pelo conceito de “valores”, o permitindo ainda, propor a existência de uma antinomia entre a ética da convicção e da responsabilidade no interior das máximas morais kantianas. (shrink)

This paper proposes a way to undercut anarchist objections to taxation without endorsing an authoritarian justification of government coercion. The argument involves public goods, as understood by economists and others. But I do not analyse options of autonomous prisoners and the like; for, however useful otherwise, these abstractions underestimate the real-world task of sorting out the prerogatives of and limits on ownership. Proceeding more contextually, I come to recommend a shareholder addendum to the doctrine of public goods. This recommendation involves (...) modifying the public goods argument for government coercion to include a contributor-specific compensation provisio, thinking of contributors as investors, and including among the latter those whose investment is in the form not of a market transaction strictly speaking but of sacrifice. To reach this recommendation I constrain the market liberal''s limited endorsement of taxation by drawing on the (idealized) postcommunist privatizer''s continuing commitment to populism. (shrink)

Why do relationships of friendship and love support partiality, but not relationships of hatred or commitments of racism? Where does partiality end and why? I take the intuitive starting point that important cases of partiality are meaningful. I develop a view whereby meaning is understood in terms of transcending self-limitations in order to connect with things of external value. I then show how this view can be used to distinguish central cases of legitimate partiality from cases of illegitimate partiality and (...) how it puts pressure on the traditional way of thinking about partiality. (shrink)

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

Ryan Tonkens (2009) has issued a seemingly impossible challenge, to articulate a comprehensive ethical framework within which artificial moral agents (AMAs) satisfy a Kantian inspired recipe - both "rational" and "free" - while also satisfying perceived prerogatives of Machine Ethics to create AMAs that are perfectly, not merely reliably, ethical. Challenges for machine ethicists have also been presented by Anthony Beavers and Wendell Wallach, who have pushed for the reinvention of traditional ethics in order to avoid "ethical nihilism" due to (...) the reduction of morality to mechanical causation, and for redoubled efforts toward a comprehensive vision of human ethics to guide machine ethicists on the issue of moral agency. Options thus present themselves: reinterpret traditional ethics in a way that affords a comprehensive account of moral agency inclusive of both artificial and natural agents, “muddle through” regardless, or give up on the possibility. This paper pursues the first option, meets Tonkens' "challenge" and addresses Wallach's concerns through Beaver's proposed means, by "landscaping" traditional moral theory in resolution of the necessary comprehensive and inclusive account that at once draws into question the stated goals of Machine Ethics, itself. (shrink)

Greco-Roman meteorology will be described in four overlapping developments. In the archaic period, astro-meteorological calendars were written down, and one appears in Hesiod’s Works and Days; such calendars or almanacs originated thousands of years earlier in Mesopotamia. In the second development, also in the archaic period, the pioneers of prose writing began writing speculative naturalistic explanations of meteorological phenomena: Anaximander, followed by Heraclitus, Anaxagoras, and others. When Aristotle in the fourth century BCE mentions the ‘inquiry that all our predecessors have (...) been calling meteorology’ (338a26), he is referring to these writers. In the third development, the first two enterprises were combined: empirical data collection about meteorological phenomena began to be married to naturalistic theoretical explanation. This innovation was prompted by Democritus and synthesised in its most influential form by Aristotle. At this point more sophisticated techniques of both short-term weather forecasting and long-term speculation about global climate change were also developed. In the fourth development, the wider implications of the naturalistic explanation of meteorological phenomena were contested. The views of ‘meteorologists’ had been controversial since the archaic period because they were perceived, and sometimes intended, to displace the divine prerogatives and undermine traditional religion. These controversies intensified throughout the classical and Hellenistic periods. (shrink)

In a number of articles, Hans-Johann Glock has argued against the »lingualist« view that higher mental capacities are a prerogative of language-users. He has defended the »assimilationist« claim that the mental capacities of humans and of non-human animals differ only in degree. In the paper under discussion, Glock argues that animals are capable of acting for reasons, provided that reasons are construed along the lines of the new »objectivist« theory of practical reasons.

In a number of articles, Hans-Johann Glock has argued against the »lingualist« view that higher mental capacities are a prerogative of language-users. He has defended the »assimilationist« claim that the mental capacities of humans and of non-human animals differ only in degree. In the paper under discussion, Glock argues that animals are capable of acting for reasons, provided that reasons are construed along the lines of the new »objectivist« theory of practical reasons. The paper critizices these views.

This doctoral thesis examines the phenomenon of Filipinization, specifically understood as the ideological construction of a “Filipino identity” or ‘Filipino subject-consciousness” within the highly determinate context provided by the Filipino ilustrado nationalists such as José Rizal, Marcelo H. del Pilar and their fellow propagandists inasmuch as it leads to the nineteenth (19th) century construction of the modern Philippine nation. Utilizing Jacques Derrida’s deconstructive thinking, this study undertakes a genealogical critique engaged on the concrete historical examination of what is meant by (...) the term “Filipino” across a select historical timeline (1864-1898) and the various notions of Filipino identity implied by the different contexts within which the term “Filipino” has been employed. More specifically, it undertakes a selective philosophical excavation of three seminal texts in the history of Filipinization, viz.: 1) the Manifiesto of Padre Jose Burgos; 2) the writings of the Filipino ilustrados in La Solidaridad; and 3) Jose Rizal’s Annotations on Dr. Antonio de Morga’s Sucesos de las Islas Filipinas. -/- The philosophical claim of this work is the idea that Filipinization, taken as the differential construction of Filipino identity, is the effective translation of the colonial epistemic violence of Eurocentric racism and its consequent “horror of absolutism” into the homo-hegemony of Filipino nationalisms. By fetishizing the notion of a carefully constructed and essential “Filipino-identity,” Filipinization and the current nationalist discourses that utilize them, unwittingly, stands complicit with the same colonial violence and hegemony that they wish to combat. This happens precisely when the very structures of colonial oppression, on the ideological and practical levels, are transmogrified into nationalist ideals that assume legal and political power unto themselves in a self-referential and self-legitimating fashion. -/- Three processes will demonstrate the above thesis: first, by examining historical texts and setting itself against established nationalist historiographies, a genealogical analysis of the term “Filipino” reveals it as a pliable signifier whose semantics have evolved through time. From its originary referent in the Spanish criollo (creole), it has come to refer to people who would have been otherwise entirely alien to this class, viz., the mestizos (both Spanish and Chinese), the principalia (native elite), and eventually, the lowland Catholicized natives themselves. The historical hermeneutic of this identity-discourse in Padre José Burgos’ Manifiesto yields the fact that what gives the term “Filipino” its semantic consistency as a class concept is its essential constitution as a Hispanic and Catholic identity. -/- Second, from this semantic identification of the term “Filipino” as a Hispano-Catholic identity, we proceed to clarify the meaning of Filipinization in terms of the nationalist propaganda carried out by the Filipino ilustrados in the fortnightly periodical La Solidaridad. Here, the specific ilustrado construction of Filipino identity as a Spanish citizen (ciudadano Español) is revealed precisely as a political and legal construct that served as the basis for their own politics of social inclusion/exclusion. Filipinization can only be applied to those who have been hispanized and Christianized and never to those tribes who have resisted and remained outside Spanish colonial authority. Filipinization is thus revealed as a process of Hispanization and Christianization whereby the recipients of Spanish colonial hegemony are transformed into the religiously docile bodies of the Spanish Empire. -/- From this highly determinate context, the study proceeds to examine Rizal’s ontological grounding of collective Filipino-ness in the mythological construction of the pre-hispanic past as the source of a unique Filipino ancestrality. In his work on de Morga’s Sucesos, what is revealed is a mythologization that grounds a native, essential Filipino identity within a past unscathed by the Spanish colonial experience. Such mythologization, however, can only be possible through an anachronistic nationalist interpretation of historical data. Here, Filipinization is revealed as an exclusive prerogative, a nationalist program by which Rizal and the ilustrado class can combat the evils and excesses of the Spanish colonial enterprise. Ironically, though, this same struggle for emancipation also became an instrument by which the ilustrado class can retain their unjustified position of power over those who belonged to the colonial underside, thus, securing the possibility of perpetuating their own ilustrado bourgeois class interests. -/- Such discursive complicity is the essence of the myth of Filipinization: it presents nationalist identity discourse as an anti-colonial enterprise while being underlined by an economy of motives designed to cater primarily to the exclusive interests of the elite and ilustrado class. Thus, instead of securing the genuine, inclusive emancipation of all colonial subjects and a more humane existence for the poor and suffering majority, ilustrado nationalism has, ironically, merely reinforced those operative structures of colonial discrimination and oppression when the ilustrados: 1) grounded their racial theory upon the very same discourse of Eurocentric superiority that they are precisely supposed to question and 2) claimed a patrimony over Filipinas as their exclusive sovereign inheritance. These two factors illustrate how the manifest transfer of power from the Spanish Empire to the Philippine sovereign nation (and later as a nation-state) illustrate how Filipinization merely has transmogrified the face of Spanish colonialism into its new, subtle, and worse form in Filipino nationalism. -/- In this vein, the existence of the 19th century modern Philippine nation merely masked and deferred the crisis that was supposed to transfer power from the Spanish Empire to the multitude of the poor and suffering native indio majority. This crisis became all the more difficult to address be-cause of the duplicitous character of the discourse of Filipinization itself. It has not only effectively transferred power into the hands of the nationalist elite but also captured authentic emancipatory discourse within the identity-trap against which it can only hope to get out. This study concludes with the claim about the impossibility of ever escaping and overcoming the epistemic and practical violence necessarily contained within the historical discourse of colonialism. Or simply, we have no language or discourse that would enable us to overcome the complicity of Filipinization with the very (epistemic) violence against which it has set itself. (shrink)

The opposition between a rational and an irrational behavior or thought poses difficulties in understanding: what do we really mean by «irrational»? A behavior or a thought that adheres to emotions and does not arise from slow reflection can be considered irrational; on the other hand, can we state that emotional reactions and intuitions are «irrational»? I draw from Aristotle’s De Anima the idea of bringing emotions, sensations and intellect back to a unitary movement and placing them in a certain (...) distinction with respect to dianoetic reason; Aristotelian’s bestowal of cognitive value on emotions was then lost, in Western gnoseology, in parallel with the devaluation of the prerogatives of the intellect. An analysis of the psychological literature on emotions and a summary of the history of the relationship between intellect and reason allows us to propose a new point of view on these issues. (shrink)