Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 (...) of Theory, we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. (...) This tension between free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 (...) of Theory, we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Public health policy often limits people’s liberty for their own good. The very point of many types of public health measures is to restrict people’s options in order to stop them from doing unhealthy things, for example use harmful recreational drugs or drive without a seatbelt. While such restrictive public health policies enjoy widespread support, so does the traditional liberal idea that liberty (or autonomy) is a higher value, to be given priority in most, if not all, (...) circumstances. In this text, I will defend the thesis that liberty is an important value, but with no claim to priority. (shrink)

Confucianism has a deep influence on the opinion of value priority in traditional Chinese culture, which consider the value of morality prior to that of utility; the value of moral merit prior to that of intelligent; the value of group prior to that of individuals; the value of peace and safety prior to that of freedom and liberty; the value of harmony prior to that of conflict. This kind of value priority has performed very important and positive (...) functions in Chinese culture, along with certain side-effects. Under the context of globalization, it is possible for the Chinese and Western values to complement each other in fusional harmony. (shrink)

A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equality. As I will show in this article, such undermining occurs (...) in three areas: first, in the lexical priority of the basic liberties; second, in the (underappreciated) role played by free and competitive markets in Rawls’s theory; and third, in the structure and functioning of Rawls’s preferred economic institutions, viz., liberal socialism and property-owning democracy. (shrink)

There are other problems for John Rawls’s philosophy that can be extracted from Henry Sidgwick’s discussion of the priority of freedom, apart from the problem H.L.A. Hart focuses on. This paper considers one such problem – that it is an empirical issue whether a sane adult is better off more free, rather than something to be assumed – and presents one Rawlsian solution.

In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting the fourth (...) ‐‐ the demand for social and economic democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks socialism as the preferablesocioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then significantly elaborate my second version of Rawls’s theory of social justice which is composed of the following principles arranged in a very strong order of priority : Basic Rights Principle, Equal Basic Liberties Principle, Fair Equality of Opportunity Principle, Modified Difference Principle, and Social and Economic DemocracyPrinciple. I argue that this elaborated version of the theory – which I call “Justice as Fair Rights” – is better than either Rawls’s original theory or my previous versions of it. (shrink)

The aim of this paper is to evaluate the reflective equilibrium between the acknowledgment of the right to end one’s life and the Rawlsian idea of freedom. This article evaluates the possibility of a self-destructive exercise of freedom. It is asserted that this kind of exercise is inconsistent with the highest order interest in freedom. Allowing the self-destructive practice of freedom jeopardizes the Rawlsian foundation of the priority of liberty, a crucial aspect of the justice as fairness. || (...) -/- El presente artículo tiene como objetivo evaluar el equilibrio reflexivo entre el reconocimiento al derecho a disponer de la propia vida y la idea rawlsiana de libertad. Se considera la posibilidad de llevar a cabo un ejercicio autodestructivo de la libertad. Se defiende que este tipo de ejercicios son contrarios al interés de orden supremo en ejercer la libertad. Permitir la práctica autodestructiva de la libertad pone en riesgo la fundamentación rawlsiana de la prioridad de la libertad, un elemento central de la justice as fairness. (shrink)

People sometimes use speech to interfere with other people’s speech, as in the case of a heckler sabotaging a lecture with constant interjections. Some people claim that such interference infringes upon free speech. Against this view, we argue that where competing speakers in a public forum both have an interest in speaking, free speech principles should not automatically give priority to the ‘official’ speaker. Given the ideals underlying free speech, heckling speech sometimes deserves priority. But what can we (...) say, then, about situations in which heckling clearly seems to infringe upon people’s civil liberties, in a way that intuitively justifies intervention? In such cases, we argue, heckling infringes upon people’s associative freedom. We present and defend an ethical framework for the institutional management of ‘Speech Fights’, geared around this insight. (shrink)

I argue that Azerbaijani universities are a façade masking an ulterior motive. I examine the difficult relationship between authoritarian power and the university in Azerbaijan through the study of coercive policies put in place by university administrators preventing free thought and hampering the freedom of academics. My central thesis is that the university is a place where researchers should be able to teach and conduct their research freely, without any hindrance from their administrators. However, in authoritarian countries, such as Azerbaijan, (...) academic freedom suffers from regular interference and restrictions on the part of those administrators who, arguably due to the nature of the regime, assume that academics are not supposed to criticize the society, politics or universities in which they work. These administrators, who are often academics themselves, mistakenly believe that university priorities should be at the service of the regime at the expense of knowledge. I submit that the rigid discipline of Azerbaijani universities and the unfree relationship between high-ranking administrators and scholars – a relationship based on the domination of the former over the latter – do not only stymie academic discussions and development, but also squelch the liberty and creativity of scholars. (shrink)

This paper will discuss the peace building efforts of the National Democratic Front of the Philippines (NDFP) and the Government of the Philippines (GRP) and argue that these efforts follow the proceduralist conception of Habermas’ deliberative democracy. Habermas, like Kant, contends that peace has a “chronological and ontological priority over violence.”1 The paper will problematize the gap between legality and legitimacy as highlighted by Habermas and relate how such a gap triggered conflicts the same as that of the GRP (...) and the NDFP. I will then propose a communicative process of critique and intervention from civil liberty groups, especially the Church sector, as an avenue to possibly remedy the gaps and its effects. Finally, I will outline possible problems arising from this model of deliberative democracy. (shrink)

El presente trabajo confronta el abordaje de la cuestión del sujeto en Louis Althusser y Ludwig Wittgenstein. La comparación se produce porque el tratamiento del lenguaje de la filosofía del segundo Wittgenstein es particularmente apropiado para abordar la intervención del discurso en el proceso por el cual la ideología interpela a los individuos como sujetos, según Althusser. El descentramiento del sujeto obliga a repensar la dimensión de la agencia, y con ella, la de la política. Tanto Wittgenstein como Althusser desembocan (...) en una encrucijada: negación teórica de la noción de sujeto y reconocimiento de la existencia paradójica de la misma en la práctica. Ello implica deconstruir el par "determinismo-libertad" sobre el que se asienta la pregunta por la agencia. Sobre el final retomamos el trabajo de Michel Pêcheux sobre los efectos retroactivos del discurso, lo que implica un replanteo del vocabulario de la determinación, prominente en los escritos althusserianos. -:-:-:-:--:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-ABSTRACT:- The present paper compares Ludwig Wittgenstein’s and Louis Althusser’s approach to the problem of subject. This comparison is motivated by the fact that second Wittgenstein’s approach to language is particularly appropriate to think of the intervention of discourse in the process of ideological interpellation which, according to Althusser,constitutes individuals as subjects. The decentering of the involved subject requires rethinking the dimension of agency and, consequently, of politics. Both, Wittgenstein and Althusser, end in a crossroads: they refuse theoretical prominence to the notion of the subject, but at the same time they recognise the practical priority of this notion, which gives it a sort of paradoxical existence. This implies deconstructing the pair “determinism–liberty” where the priority of agency is located. We end with the work of Michel Pêcheux on the retroactive effects of discourse, that entail (in agreement with Wittgenstein) rethinking the vocabulary of determination, prominent in Althusserian writings. (shrink)

For Alexis de Tocqueville, a faithful son of the Enlightenment, the priority given to the individual in the pursuit of truth represents the starting point of an inexorable march of equality towards individual autonomy. In other words, in agreement with the historicist movements of the 19th Century, Tocqueville interprets history as a dialectical progress: History understood as progress in the Hegelian sense, whose becoming unfolds in virtue of a steady and unalterable progress towards a better society-civilization as a creation (...) of the illustrated man. However, while for Hegel progress obeys a reason understood as self-knowledge, Tocqueville understands it as a balance between antagonisms: liberty-individual-democracy. In other words, the Tocquevillian dualism, expressed in the permanent tension between antagonisms equality vs. freedom, the individual vs the citizen–, leads towards a new class of dialectics of liberty. In this sense, the aforementioned triad represents, precisely, the tension that reveals itself as problematic, given that, ultimately, the elements that compose it arise antithetically. (shrink)

Awareness of, and respect for differences of gender, race, religion, language, and culture have liberated many oppressed groups from the hegemony of white, Western males. However, respect for previously denigrated collective identities should not be allowed to confine individuals to identities constructed around one main component used for political mobilisation, or to identities that depend on a priority of properties that are not optional, like race, gender, and language. In this article I want to sketch an approach for accommodating (...) different kinds of identity within a multicultural constitutional democracy. From a vantage point provided by a definition and explanation of personal identity, I want to show how people define, construct and change their personal identities to make themselves into unique individuals. Next I show how democratic political institutions and the personal identities of individuals reciprocally influence one another. In the final section I sketch ways in which diverse personal identities ought to be accommodated in multicultural constitutional democracies. The conclusion is that a society which gives its members the liberty, space, and opportunity to freely construct their own identities might avoid the formation of closed groups committed exclusively to their own sectional interests. (shrink)

Philosophical orthodoxy has it that intentional action consists in one’s intention appropriately causing a motion of one’s body, placing the latter as (conceptually and/or metaphysically) prior to the former. Here I argue that this standard schema should be reversed: acting intentionally is at least conceptually prior to intending. The argument is modelled on a Williamsonian argument for the priority of knowledge developed by Jenifer Nagel. She argues that children acquire the concept KNOWS before they acquire BELIEVES, building on this (...) alleged developmental priority of knowledge to establish its conceptual priority. I start by taking a closer look at Nagel’s argument, canvassing extant objections to do both with the empirical adequacy of her claims and their philosophical implications. Doing so allows me in the second part of the paper to draw lessons that inform the construction of a revamped parallel argument for the priority of ACTS INTENTIONALLY. (shrink)

Epistemic burdens – the nature and extent of our ignorance (that and how) with respect to various courses of action – serve to determine our incentive structures. Courses of action that seem to bear impossibly heavy epistemic burdens are typically not counted as options in an actor’s menu, while courses of action that seem to bear comparatively heavy epistemic burdens are systematically discounted in an actor’s menu relative to options that appear less epistemically burdensome. That ignorance serves to determine what (...) counts as an option means that epistemic considerations are logically prior to moral, prudential, and economic considerations: in order to have moral, prudential, or economic obligations, one must have options, and epistemic burdens serve to determine our options. One cannot have obligations without doing some epistemic work. We defend this claim on introspective grounds. We also consider how epistemic burdens distort surrogate decision-making. The unique epistemology of surrogate cases makes the priority of the epistemic readily apparent. We then argue that anyone who accepts a principle similar to ought implies can is committed to the logical priority of the epistemic. We also consider and reject several possible counterarguments. -/- . (shrink)

This article was motivated by the avalanche of finance spent annually on addressing the harm caused by corrosion on household wares and buildings, industrial machines and facilities, hospital equipment and many other establishment of man in the universe. Corrosion is a universal phenomenon referred to as the deterioration of metallic material. Metal alloys like stainless steel and aluminium are extensively used in household utensils for their durability, affordability and corrosion resistance. However, these materials can leach heavy metals such as chromium, (...) nickel, iron, and aluminium into food, posing serious health challenges. Stainless steel, despite its corrosion resistance, releases harmful metals when exposed to acidic foods, while aluminium utensils corrode and release harmful elements under certain conditions too. Hence, this article was aimed at examining the historical background of corrosion, the causes of corrosion in household wares and utensils, its impact especially on human health and economy, and the potential remedies. The findings indicated that acidic foods and prolonged storage increase metal leaching. Health concerns included increased risks of anemia, dementia, and osteomalacia due to excessive metal accumulation in the body. Mitigation strategies included using anodized aluminium, minimizing storage time of acidic foods in metal containers, and increasing public awareness about the potential health risks. Proper maintenance and selection of utensils could significantly reduce the hazards associated with metal leaching. (shrink)

This essay examines the argumentative context in which early Neo-Kantian philosophers defined and defended "epistemology." The paper defends Richard Rorty's claim that the priority of epistemology influenced how the history of modern philosophy was written but corrects his story by showing that epistemology was defended mainly via antifoundational arguments. The essay begins with a few programmatic arguments by Kuno Fischer and Eduard Zeller but focuses mainly on Otto Liebmann's Kant und die Epigonen. I argue that Liebmann completes the agenda (...) of Fischer and Zeller by giving a detailed account of how a metaphysical system is impossible for anyone who begins with modest, Kantian epistemological principles. (shrink)

Cases of akratic behavior are generally seen as paradigmatic depictions of the knowledge-action gap (Darnell et al 2019): we know what we should do, we judge that we should do it, yet we often fail to act according to our knowledge. In recent decades attention has been given to a particular instance of akratic behavior, which is that of “inverse akrasia”, where the agent possesses faulty moral knowledge but fails to act accordingly, thus ending up doing the right thing. In (...) particular, two literary examples are considered as exemplifying this kind of akratic situation: Huckleberry Finn (Arpaly & Schroeder 1999, Arpaly 2000, Hursthouse 1999, Kleist 2009, Holton manuscript) and Neoptolemus as understood by Aristotle (NE; Arpaly & Schroeder 1999). In this paper I will argue that those of Neoptolemus and Huck Finn are not cases of inverse akrasia (Holton manuscript) but are much better explained as instances of what Williams (1993) called “moral incapacity”. In particular, the reason why they fail to act according to their original judgments is due to a lack of motivation to act accordingly, which is grounded in their moral self-identities (Blasi 1984; Vigani 2016). The paper will unfold as follows: I will, first, argue that neither Neoptolemus nor Huck Finn show akratic behavior; thus, they cannot be legitimately labeled as “inverse akratics” (par 1.); then, I will argue that they act the way they do notwithstanding their faulty judgments because they are effectively motivated to do so. Such motivation originates in their moral self-identities and is experienced through the threat of self-betrayal (par 2); finally, I will argue that when an agent is motivated to act in a way that is integral with her moral self-identity, acting otherwise is experienced as something one cannot ultimately do; that is, as a moral incapacity (par 3). This “cannot” is neither a metaphor for an “I shouldn’t”, nor an instance of what has been recently labeled a “moral impossibility” (Caprioglio Panizza 2020, 2021), since it does not arise from the normative force of deontic judgments, and it is neither physically nor psychologically impossible for the agent to act otherwise. (shrink)

For years now, unionization has been under vigorous attack. Membership has been steadily declining, and with it union bargaining power. As a result, unions may soon lose their ability to protect workers from economic and personal abuse, as well as their significance as a political force. In the Name of Liberty responds to this worrying state of affairs by presenting a new argument for unionization, one that derives an argument for universal unionization in both the private and public sector (...) from concepts of liberty that we already accept. In short, In the Name of Liberty reclaims the argument for liberty from the political right, and shows how liberty not only requires the unionization of every workplace as a matter of background justice, but also supports a wide variety of other progressive policies. (shrink)

More philosophical effort is spent articulating evolutionary rationales for the development of belief-like capacities than for precursors of desires or preferences. Nobody, though, seriously expects naturally evolved minds to be disinterested epistemologists. We agree that world-representing states won’t pay their way without supporting capacities that prioritise from an organism’s available repertoire of activities in light of stored (and occurrent) information. Some concede that desire-like states would be one way of solving this problem. Taking preferences as my starting point instead of (...) belief-like states, I defend two conclusions. First, psychologically real preference states, which approximately token expected utilities, have a quite general evolutionary rationale. They are a solution to the problem of efficiently allocating capacities with incompatible uses. This argument is a version of the Environmental Complexity Thesis. Second, preferences can plausibly function and naturally evolve without belief-like states, even though the converse claim is incredible. Preferences, that is, can mediate between discriminations of occurrent states (‘internal’ or ‘external’) and the processes selecting activity without mediation by stored indicative representations. By tokening expected utilities of actions conditional on discriminated state, they can increase the rate at which the ‘right thing’ is done at appropriate times, and they can do this without the support of belief-like, world-representing states. Preferences, even incomplete and noisy sets of them, are a fuel for success that will tend to be favoured when environments are complex in ways that matter to an organism, and when the organisms have complex behavioural repertoires with heterogenous returns and costs. (shrink)

The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on our interest (...) in self-realization through work. This reconstructed defense makes liberal use of concepts already present in A Theory of Justice , including the Aristotelian Principle (which motivates the achievement of increasing virtuosity) and the Humboldtian concept of social union (which provides the context for the development of such virtuosity). I also show that this commitment to self-realization, far from violating the priority of right in Rawls’s theory, stems directly from his underlying commitment to autonomy, which is the very foundation of the moral law in his doctrine of right. The reconstituted defense of this priority rule not only strengthens the case for justice as fairness but also has important and controversial implications for public policy. (shrink)

Throughout the critical period Kant enigmatically insists that reason is a ‘unity’, thereby suggesting that both our theoretical and practical endeavors are grounded in one and the same rational capacity. How Kant's unity thesis ought to be interpreted and whether it can be substantiated remain sources of controversy in the literature. According to the strong reading of this claim, reason is a ‘unity’ because all our reasoning, including our theoretical reasoning, functions practically. Although several prominent commentators endorse this view, it (...) is widely thought to lack exegetical support. This paper seeks to strengthen the case for this reading by showing how theoretical reason's positive function, as Kant presents it in the Appendix to the Transcendental Dialectic, may be construed as fundamentally practical. I argue that reason's supreme regulative principle ought to be understood as a categorical practical imperative. This interpretation, I suggest, resolves the apparent inconsistencies that blight Kant's account of the principle in the Appendix, while bringing greater overall coherence to his account of theoretical reason's regulative function. (shrink)

It is widely held that, in his pre-Critical works, Kant endorsed a necessitation account of laws of nature, where laws are grounded in essences or causal powers. Against this, I argue that the early Kant endorsed the priority of laws in explaining and unifying the natural world, as well as their irreducible role in in grounding natural necessity. Laws are a key constituent of Kant’s explanatory naturalism, rather than undermining it. By laying out neglected distinctions Kant draws among types (...) of natural law, grounding relations, and ontological levels, I show that his early works present a coherent and sophisticated laws-first account of the natural order. (shrink)

n this article, I try to defend the thesis that imagination against reason, moral progress through imagination not the reason, the emergence of literary culture after philosophical culture from Hegel onwards, contingency of language, the usefulness of literature (poetry, novels and stories, etc.) in enhancing empathy with one another and ultimately reducing philosophy to poetry in Richard Rorty's writings point to one thing: the priority of literature to philosophy. The literary or post-physical culture that Rorty defends is opposed to (...) the Enlightenment and the philosophical and religious culture. Rorty prefers literary culture among the religious culture and philosophical culture. The literary culture Rorty envisages is a radically historicist and nominalist one. Rorty’s romanticised version of pragmatism aims precisely at dealing with this literary or post-physical culture or, in generally, the literature. (shrink)

In this paper, I consider the basis for Kant's praise of Wolff's general logic as "the best we have." I argue that Wolff's logic was highly esteemed by Kant on account of its novel analysis of the three operations of the mind (tres operationes mentis), in the course of which Wolff formulates an argument for the priority of the understanding's activity of judging.

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live (...) in today? At the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological (...) a priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

An exploration of the metaphysics of relation as a unifying motif in modern physics. What happens when Ideal observers begin to observe their own observing?

In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. The main (...) advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply. (shrink)

One of the issues that deeply interested the philosophers of late antiquity, the Ancient Greek Commentators, concerns the priority of substances. While questions concerning ontological priority have recently attracted attention in Aristotelian scholarship and contemporary metaphysics, the Commentators’ discussions have not yet received the attention they deserve. My aim is to start to fill in this gap, by focusing on John Philoponus’s account of the priority of substances in his commentary on Aristotle’s "Categories". In particular, I aim (...) to show how Philoponus develops and defends the view that, while particular substances enjoy priority over accidents and concepts (“universals after the many”), they do not enjoy priority over all other things. Rather, a certain type of universal substance (“universals prior to the many”) enjoys priority over particulars. (shrink)

It has recently been argued that a person’s moral judgments (about both their own and others’ actions) are constrained by the nature and extent of their relevant ignorance and, thus, that such judgments are determined in the first instance by the person’s epistemic circumstances. It has been argued, in other words, that the epistemic is logically prior to other normative (e.g., ethical, prudential, pecuniary) considerations in human decision-making, that these other normative considerations figure in decision-making only after (logically and temporally) (...) relevant ignorance has constrained the decision-maker’s menu of options. If this is right, then a person’s moral judgments in some set of circumstances should vary with their knowledge and ignorance of these circumstances. In this study, we test the hypothesis of the logical priority of the epistemic. We describe two experiments in which subjects’ knowledge and ignorance of relevant consequences were manipulated. In the second experiment, we also compared the effect of ignorance on moral judgments with that of personal force, a factor previously shown to influence moral judgments. We found broad empirical support for the armchair arguments that epistemic considerations are logically prior to normative considerations. (shrink)

Cases such as Vinter v United Kingdom (Vinter) and Hutchinson v United Kingdom (Hutchinson) discuss providing life-sentenced prisoners with hope for release. This has become known colloquially as “the right to hope.” But what does it mean to protect this right? The following paper argue that protecting “the right to hope” depends on a practical (as opposed to theoretical) avenue through which to be grated release. After Vinter the “right to life” was practically protected by the European Convention on Human (...) Rights (ECHR) but post Hutchinson, protection has been significantly weakened. Specifically, the power of release granted to the Secretary of State by the “Lifer Manual” is too specific to provide protection for a “right to life.” This leads to the conclusion that as it stands under Hutchinson, the ECHR only protects “the right to life” theoretically. Ultimately, given the forthcoming definition of theoretical protection, under Hutchinson the ECHR does not protect a “right to hope” for life-sentenced prisoners. (shrink)

Hegel defends the reality and the priority of immanent teleology. He does so by accepting Kant’s analysis of immanent teleology, but arguing against Kant’s subjectivist position. Key to Hegel’s argument is the idea that a general kind—in Hegel’s terms, a “concept” of a form of life—can be the substance or nature of the individual organism, or determine what it is to be that organism. In some ways Hegel here follows his own interpretation of Aristotle, while also trying to turn (...) modern arguments against immanent teleology to his own opposing purposes. And we can approach in these terms the way in which Hegel tries to build his broader metaphysics around teleology. (shrink)

In diesem Beitrag liefere ich eine Interpretation und Verteidigung der These Thomas Kuhns von der Priorität von Paradigmen. Ich behaupte, daß Kuhns Argument für diese These wichtiger, als gewöhnlich angenommen wird, ist, und zwar sowohl für die Klärung seiner Ideen als auch für die Wissenschaftstheorie im allgemeinen. Anerkennt man seine Kritik an der üblichen Auffassung, daß Regeln den Paradigmen vorausgehen, so erscheint vieles von dem, was er über andere Gegenstände sagt, in einem neuen Licht, und viele Schwierigkeiten, die Philosophen bei (...) ihren Versuchen zur Erklärung des Wissenschaftswandels angetroffen haben, erweisen sich als unbegründet. (shrink)

This article examines the role of social theory in Cornel West's account of radical democracy. I explicate and extend the critical implications of Richard Rorty's views for the revolutionary impulses in West's project, and then I examine West's use of Sheldon Wolin's notion of "fugitive democracy" as a potential instance of the "theoretical resentment" against which Rorty cautions. Drawing from John Howard Yoder and Karl Barth, I conclude by demonstrating how West's account of the Black Church contains resources to chasten (...) the detrimental excesses in Wolin's account, while maintaining a robust sense of radical democracy. (shrink)

Thomas Reid distinguished between natural and artificial language and argued that natural language has a very specific sort of priority over artificial language. This paper critically interprets Reid's discussion, extracts a Reidian explanatory argument for the priority of natural language, and places Reid's thought in the broad tradition of Cartesian linguistics.

Turri argues against what he calls an “orthodox” view of the relationship between propositional and doxastic justification, according to which (Basis) it is sufficient for S to be doxastically justified in believing p that p is propositionally justified for S in virtue of having reason(s) R and S believes p on the basis of R. According to Turri, (Basis) is false and hence the orthodox view is wrong. Turri offers “an alternative proposal,” the definitive thesis of which is that the (...) subject’s intellectual abilities explain why a given proposition, p, is justified for her, and argues that, contra the orthodoxy, this proposal leads to explaining propositional justification in terms of doxastic justification rather than vice versa. In this paper, I argue for the following claims: (i) There are good reasons to think that Turri misidentifies “the orthodox view” and his objection thereby misfires, (ii) Even if we assume that Turri’s identification of the orthodox view is correct, his counter-examples to that view are far from being decisive, and (iii) Turri’s own proposal is not “an alternative” to the orthodox view but can be accommodated by it. (shrink)

The prevalent views of animal liberty among animal advocates suggest that liberty is merely instrumentally valuable and invasive paternalism is justified. In contrast to this popular view, I argue that liberty is intrinsically good for animals. I suggest that animal well-being is best accommodated by an Objective List Theory and that liberty is an irreducible component of animal well-being. As such, I argue that it is good for animals to possess liberty even if possessing (...) class='Hi'>liberty does not contribute towards their subjective well-being, and even in some cases where it has a negative effect upon their subjective well-being. To establish this view I argue that if animals are agents, as I assume they are, then like humans they must be able to determine the course of their own lives (to some extent). Further, having the opportunity to self-determine one’s life just is the very same thing as liberty, and having the opportunity to determine the course of one’s life is intrinsically good. Thus liberty has intrinsic value for humans and animals. So, in addition to the instrumental harms of having one’s liberty restricted, I claim that restricting animals’ liberty in principle harms them because it undermines their capacity for self-determination and fails to acknowledge their authority as agents to make their own choices. (shrink)

In her recent paper Virtuous Construal (2019) Vigani provides psychological support to McDowell’s silencing effect of virtue, arguing that it is through her moral outlook that the virtuous person represents the situation as an occasion for virtue only. The term “silencing” is still, however, a controversial matter, for it might lead to the conclusion that the virtuous person does not feel any sort of attachment to what is being silenced, thus suffers no genuine loss when it comes to forsaking something (...) valuable in the face of virtue (“no-genuine loss theory”: McDowell 1998; Baxley 2007). On the other hand, if we try to argue that what is silenced does not completely cease to exist in the eyes of the virtuous, then it is not clear what the difference between virtue and self-control (Aristotle’s enkrateia, continence; NE 1150a35) amounts to. The aim of this paper is to defend the difference between virtue and continence in terms of cognition ; that is to say, to provide further support to Vigani’s argument explaining how it is possible for something to be valuable yet be silenced (thus avoiding the no-genuine loss theory) and how this possibility is precisely what marks the difference between virtue and continence. I shall articulate my defence in the following steps: (A) arguing for the compatibility between a difference in cognition and Aristotle’s distinction between the virtuous and the enkrates (sections 1 and 2), (B) arguing that the silencing effect does not imply blindness to commonly shared human values (e.g. family, relationships, survival; section 3), and (C) making sense of the difference between virtue and continence in terms of deliberation (section 4). I shall be as loyal to Aristotle as possible, grounding my argument on the following premises: (i) virtuous actions issue from a virtuous conception of a life worth living (eupraxia: NE 1139a31-b5); (ii) there is some sort of context-dependency when it comes to deliberating virtuously (NE 1112b10-20); and (iii) virtuous deliberation does not allow for the inner struggle that is proper of continent deliberation (a “harmony” between appetites and reason: NE 1151b35-1152a5; while the continent is the one who has self-control: NE 1152a25-7). If I manage in the quest, then we will have found what the continent is missing in order to become virtuous, and it shall neither look in-humane nor undesirable; just hard. (shrink)

Leading versions of hedonism generate implausible results about the welfare value of very intense or unwanted pleasures, while recent versions of desire satisfactionism overvalue the fulfillment of desires associated with compulsions and addictions. Consequently, both these theories fail to satisfy a plausible condition of adequacy for theories of well-being proposed by L.W. Sumner: they do not make one’s well-being depend on one’s own cares or concerns. But Sumner’s own life-satisfaction theory cannot easily be extended to explain welfare over time, and (...) it makes mistaken (autonomous, informed) self-assessment impossible. A new account of well-being based on the stable realization of personal values enjoys the advantages claimed for these subjective theories while avoiding these problems. (shrink)

Many so-called “cognitivist” theories of the emotions account for the meaningfulness of emotions in terms of beliefs or judgments that are associated or identified with these emotions. In recent years, a number of analytic philosophers have argued against these theories by pointing out that the objects of emotions are sometimes meaningfully experienced before one can take a reflective stance toward them. Peter Goldie defends this point of view in his book The Emotions: A Philosophical Exploration. Goldie argues that emotions are (...) meaningful in a way that is different from the meaningfulness of beliefs. He describes this meaningfulness in terms of “feeling towards,” which he identifies as a unique type of intentionality characteristic of emotions. The independence of feeling-towards from acts like believing is most clearly brought out by cases in which there is not enough time to form a belief but in which a person experiencing feelings towards an object responds emotionally in a way that is meaningful to them. Employing a similar type of argument, the phenomenologist Max Scheler argues that certain types of acts of feeling are phenomenologically prior to presentative acts of perception, representation, or imagination. Scheler supports his claim about the phenomenological priority of such acts of feeling by referring to cases in which the presented contents of an object are hidden or obscured but where the object of feeling, value, remains adequately given. I endeavor to show how Scheler draws support for his position from these cases and the great significance of his interpretation of these cases for his philosophical outlook as a whole. I close by considering some questions about his interpretation and use of these cases. (shrink)

It is now commonly held that values play a role in scientific judgment, but many arguments for that conclusion are limited. First, many arguments do not show that values are, strictly speaking, indispensable. The role of values could in principle be filled by a random or arbitrary decision. Second, many arguments concern scientific theories and concepts which have obvious practical consequences, thus suggesting or at least leaving open the possibility that abstruse sciences without such a connection could be value-free. Third, (...) many arguments concern the role values play in inferring from evidence, thus taking evidence as given. This paper argues that these limitations do not hold in general. There are values involved in every scientific judgment. They cannot even conceivably be replaced by a coin toss, they arise as much for exotic as for practical sciences, and they are at issue as much for observation as for explicit inference. (shrink)

It has recently been argued that a person’s moral judgments (about both their own and others’ actions) are constrained by the nature and extent of their relevant ignorance and, thus, that such judgments are determined in the first instance by the person’s epistemic circumstances. It has been argued, in other words, that the epistemic is logically prior to other normative (e.g., ethical, prudential, pecuniary) considerations in human decision-making, that these other normative considerations figure in decision-making only after (logically and temporally) (...) relevant ignorance has constrained the decision-maker’s menu of options. If this is right, then a person’s moral judgments in some set of circumstances should vary with their knowledge and ignorance of these circumstances. In this study, we test the hypothesis of the logical priority of the epistemic. We describe two experiments in which subjects’ knowledge and ignorance of relevant consequences were manipulated. In the second experiment, we also compared the effect of ignorance on moral judgments with that of personal force, a factor previously shown to influence moral judgments. We found broad empirical support for the armchair arguments that epistemic considerations are logically prior to normative considerations. (shrink)

The object of the study is to introduce an innovative approach to the long-lasting theoretical discussion about the meaning and extent of political liberty in a modern democratic society. The suggested way to explain why the democratic political order as such might give rise to considerable challenges for political liberty introduces the classical virtue of courage as a possible key explanatory factor underlying the major tensions that emerge between democracy and liberty. Such approach provides some new insights (...) into the debate about the origins, limits, and political perspectives of modern democracies. The analysis starts by conceptualizing modern democracy as a political form which expresses a specific ethical idea about the natural equality of people. Generally, it means that egalitarianism is the founding idea and moral purpose of a democratic political system, which tends to develop into a modern type of representative government and civil society. The second part of our analysis emphasizes the fact that liberty is by nature a political fact achieved only by practical participation of an individual in public life, and which cannot be reduced to formal, legal, economic or moral categories. Liberty, being a principle of public action, requires the capacity of a person to risk his personal wealth and safety for the sake of the common good. The third part of the analysis explains the crucial importance of the virtue of courage to the whole political life, as it is an ethical idea which aims at building such a character of a person that is capable and motivated to live an active public life. It is the virtue of courage that makes an individual morally fit and eager to practice liberty, as well as ready to defend it against any acts of despotism. Finally, the analysis assesses the diminishing role of courage due to the egalitarian public order of a democracy, resulting in adverse effects on liberty. The conclusions of the article highlight several points which are noted below. In a democratic society, courage loses its status as a virtue; thus, individuals become less capable and less motivated to live an active public life. Democracy rests on the principle that implies establishing and protecting the equality of its citizens, while the virtue of courage expresses an implicit distaste for egalitarianism and encourages people to strive for an ethically superior status than that of all the rest, i.e. it makes a clear hierarchical distinction between cowards, conformists, and heroes. That’s why democracy banishes courage from its equality favoring public life, depriving it of its ethical status. The decline of this virtue makes the practice of liberty more complicated as individuals lose interest in risking their private wealth and safety for the sake of the common good. The diminishing capacity and interest of citizens in democracy to live an active public life, while giving preference to social equality which requires no personal effort, is a major problem for political liberty. As people become indifferent to the pursuit of the common good, liberty becomes inactive, and the political community becomes less immune to various manifestations of despotism. (shrink)

In the present article relationship of thought and language for the priority aspect, from al-Fārābī’s point of view is discussed. Based on the three meanings of nuṭq (: speech), speaking is a process in which human soul is concerned with the three levels of intellectual faculty, apprehended objects in the mind as well as the expression by language. Then, this reveals a close and inseparable relationship between language and thought. Again it is suggested that relying on the tripartite theory (...) of word, world, and intelligibles, by Al-Fārābī, at the time of the process of speaking, human soul makes use of all knowledge either acquired previously, or the knowledge obtaining as the content of experience in the actual speech situation. Thus, in connection with the priority aspect of the relationship between thought and language, I suppose, in an analytical aspect of priority, there is no priority relation between them, namely, they are interdependent. It can be supported by this view that thought and gaining knowledge are continued even while speaking. Besides, it has been argued that the human soul, as the chief agent of thinking and obtaining knowledge, is not completely passive; then human thought cannot have transcendental supremacy over language. (shrink)

What is liberty, and can it be measured? In this paper I argue that the only way to have a liberty metric is to adopt an account of liberty with specific and controversial features. In particular, I argue that we can make sense of the idea of a quantity of liberty only if we are willing to count certain purely agential constraints, such as ignorance and physical incompetence, as obstacles to liberty in general. This spells (...) trouble for traditional ‘negative’ accounts, against which I argue directly. My aim is to establish the following somewhat surprising claim: that if a political theory is to contain a principle regarding the protection, maximisation, or equalisation of some liberty, it must concern itself--on pain of conceptual incoherence--with the positive preconditions (in addition to the negative preconditions) of that liberty’s effective exercise. (shrink)

Our aim in this chapter is to draw attention to what we see as a disturbing feature of conciliationist views of disagreement. Roughly put, the trouble is that conciliatory responses to in-group disagreement can lead to the frustration of a group's epistemic priorities: that is, the group's favoured trade-off between the "Jamesian goals" of truth-seeking and error-avoidance. We show how this problem can arise within a simple belief aggregation framework, and draw some general lessons about when the problem is most (...) pronounced. We close with a tentative proposal for how to solve the problem raised without rejecting conciliationism. (shrink)