Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of state capture. (...) It then articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

Surrogacy involves a private agreement whereby a woman who gestates a child attempts to surrender her (putative) moral right to become the parent of that child such that another person (or persons), of the woman’s choice, can acquire it. Since people lack the normative power to privately transfer custody, attempts to do so are illegitimate, and the law should reflect this fact.

John White (2016) defends the UK private school system from the accusation that it allows an unfair form of ‘queue jumping’ in university admissions. He offers two responses to this accusation, one based on considerations of harm, and one based on meritocratic distribution of university places. We will argue that neither response succeeds: the queue-jumping argument remains a powerful case against the private school system in the UK. We begin by briefly outlining the queue-jumping argument (§1), before evaluating (...) White’s no-harm (§2) and meritocracy (§3) arguments. (shrink)

Augustin est bien connu comme défenseur d’une « théorie privative » du mal. On peut lire, par exemple, dans les Confessions que « le mal n’est que la privation du bien, à la limite du pur néant ». Le problème, cependant, avec les théories privatives du mal est qu’elles ne nous offrent pas, généralement, une explication robuste ni de l’activité du mal, ni de son pouvoir à causer des effets bien réels ; effets desquels l’expérience demande, malgré tout, une explication (...) rationnelle. Or, selon Augustin, la privation seule ne permet pas de rendre compte de toutes les manifestations du mal. L’explication privative du mal est, certes, la plus étudiée par la littérature ; mais elle ne constitue qu’une partie du tableau. Cet article veut souligner quatre moments de l’explication du mal qu’Augustin propose : le mal comme privation ; le mal comme parasite par rapport à l’être ; le mal comme perversion de la volonté ; et finalement, le mal comme conflit d’intérêts. Chacun de ces moments éclaire un type de mal, mais aucun ne permet à lui seul de rendre compte du problème. Pris ensemble, cependant, et gardant leurs différences respectives à l’esprit, la réponse d’Augustin à la question du mal se révèle beaucoup plus sophistiquée et exhaustive qu’on ne voudrait souvent l’admettre lorsqu’on se limite uniquement à la théorie de la privation. | : Augustine is well-known for advocating a ‘privation theory’ of evil. In Confessions, he writes that “evil has no existence except as a privation of good, down to that level which is altogether without being.” The problem with privation theories of evil generally is that they do not provide a robust enough account of the activity and power of evil to cause the very real effects for which experience demands a rational explanation. For Augustine, however, privation alone does not fully account for evil in all of its manifestations. The privation account of evil receives much scholarly treatment, but it is only part of the complete Augustinian picture. This paper outlines four accounts of evil in Augustine : evil as privation, as parasitic on being, as perversion of the will, and as conflict of interest. Each deals with a kind of evil, but none alone provides a complete account. Taken together, however, with their differences in mind, Augustine’s explanation of evil is shown to be much more sophisticated and comprehensive than is often recognised when one limits one’s understanding of Augustine’s conception of evil to the privation theory alone. (shrink)

Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes (...) a decentralized and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts. (shrink)

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, (...) they will be unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

This paper argues that instituting Citizen Boards of Governance (CBGs) is the optimal strategy to democratically contain Big Tech’s algorithmic powers in the digital public sphere. CBGs are bodies of randomly selected citizens that are authorized to govern the algorithmic infrastructure of Big Tech platforms. The main advantage of CBGs is to tackle the concentrated powers of private tech corporations without giving too much power to governments. I show why this is a better approach than ordinary state regulation (...) or relying on market mechanisms. My proposal follows from the critique of Big Tech’s concentrated powers, and explains how this justifies democratizing algorithms in the digital public sphere. My approach thus speaks to a core commitment in democratic theory: enhancing the autonomy of the public sphere from the centers of powers in modern societies, be it corporations or governments. (shrink)

A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social (...) processes. While developments in this direction can certainly be observed, this article provides a more nuanced perspective. Outlining a long-term historical perspective, this article reconstructs the manifold and volatile dynamic between institutionalized forms of public and private authority. It does soon the basis of the argument that, in the course of this evolutionary process, the very function and meaning of both public and private authority has been fundamentally altered. This alteration implies the transformation of both dimensions into functionally limited and more specific phenomena. With this background, it becomes possible to argue that societal evolution is characterized by a dual expansion of both public and private forms of authority. The starting point is an understanding of authority as condensed power. Asymmetric relations implying either direct or indirect forms of domination are observable throughout society and are as such an intrinsic element of all social relations and processes. Authority is, however, based on a particular institutionalization of power, typically delineated and condensed with the help of legal instruments. Under radical modern conditions, law becomes constitutive for authority to the extent that one might argue that no form of authority exists outside its legal form. With this background, the article argues that the pre-1945 world at the local, national, and transnational level of world society was characterized by a relative dominance of private forms of authority. The process leading to state-based modern public law gaining not only a formal but also a factual capacity to structure societal processes was a century-long process: a process which implied an epic struggle aimed at undermining and eradicating alternative centers of public and private authority in society. It was, however, a first in the mid-twentieth century that an outright breakthrough of this claim and aspiration could be observed. The implied a respecification of public and private authority that remains central to our understanding of authority to this day. (shrink)

The regulation of the interfaces of private and public interests is a central and recurrent issue of modern law. The centrality of the distinction and the manifold conceptual and practical problems associated with it has moreover been exacerbated over the past fifty years through the dominance of the twin-episteme of law constituted by law and economics and human rights law. Against this background, an alternative approach to and concept of law, transformative law, is briefly introduced. An approach which implies (...) replacing the notions of private and public interests with the concepts of legally constituted public power and societal power. In order to analyse the potential and limits of transformative law, five legal phenomena, central to the other contributions to this special issue, are analysed: public interest litigation; legal mobilisation in the preliminary ruling procedure; bankruptcy proceedings; third-party litigation and the Meta Oversight Board. (shrink)

Many contributors to debates about professional conscience assume a basic, pre-professional right of conscientious refusal and proceed to address how to ‘balance’ this right against other goods. Here I argue that opponents of a right of conscientious refusal concede too much in assuming such a right, overlooking that the professions in which conscientious refusal is invoked nearly always operate as public cartels, enjoying various economic benefits, including protection from competition, made possible by governments exercising powers of coercion, regulation, and taxation. (...) To acknowledge a right of conscientious refusal is to license professionals to disrespect the profession’s clients, in opposition to liberal ideals of neutrality, and to engage in moral paternalism toward them; to permit them to violate duties of reciprocity they incur by virtue of being members of public cartels; and to compel those clients to provide material support for conceptions of the good they themselves reject. However, so long... (shrink)

Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structure and function of justification defenses. The reason for this failure, I suggest, is a widely shared misconception about their place within the criminal law’s institutional structure. Contrary to what is generally believed, it is not up to trial courts to decide ex post (...) facto what conduct is justified and what is not. This determination is made ex ante by other institutional actors such as private fiduciaries, public officials, and sometimes, ordinary citizens caught in extraordinary circumstances. The court’s role is simply to review the validity of that prior exercise of decision-making discretion. More broadly, my study is intended to serve as a reminder of the importance of institutional structure in criminal law. It is almost always misleading to address issues in criminal law by way of abstract moral theorizing, as is often done, because this leaves out the crucial question of institutional division of labor. Before addressing the substantive aspect of particular questions—what conduct should be prohibited, justified, or excused—we must first address ourselves to the institutional questions that I have called the problems of authority, discretion, and legality. These institutional questions receive their most thorough treatment in two other areas of law: the private law of fiduciaries and public administrative law. If we wish to make progress in understanding justification defenses—and the institutional structure of criminal law more generally—I argue that it is to these areas of law that we should attend. (shrink)

This introductory chapter provides a general framework for thinking about the relationship between wealth and power. It begins by situating the topic in the history of political thought, modern social science, and recent political philosophy, before putting forward an analytical framework. This has three elements: first, the idea of liberalism's public/private divide: a division between a power-wielding state from which wealth should be absent, and a market economy from which power should be absent; second, the two (...) ways the division can be transgressed by the power of the wealthy: by the wealthy subverting the power of the state and by directly exercising power within the economy; and third, the four different approaches to responding to the transgression, either aiming to reassert the public/private divide or to move beyond it. (shrink)

In this paper I argue that, in Leibniz’s mature metaphysics, primary matter is not a positive constituent which must be added to the form in order to have a substance. Primary matter is merely a way to express the negation of some further perfection. It does not have a positive ontological status and merely indicates the limitation or imperfection of a substance. To be sure, Leibniz is less than explicit on this point, and in many texts he writes as if (...) primary matter were a positive constituent of a substance. It seems to me, however, that the view most in keeping with the thrust of his mature philosophical system is that captured by a striking remark of 1695: “Materia rerum est nihilum: id est limitatio [The matter of things is nothing: that is, limitation].” This becomes especially apparent in texts showing that Leibniz’s conception of primary matter corresponds to his conception of creaturely limitation. I start by discussing the notion of primary matter in the scholastic tradition. I then show that although Leibniz places the scholastic terminology of primary matter at a crucial juncture of his metaphysics, he thinks of primary matter in a way which significantly deviates from earlier scholastic views. I conclude that despite his adoption of distinctive terminology of Aristotelian scholasticism, instead of holding a broadly Aristotelian concept of primary matter as the ultimate subject of inherence, Leibniz thinks of primary matter according to a Neoplatonic blue-print in which matter is non-being, privation, mere absence of perfection. (shrink)

Is political equality viable given the unequal private property holdings characteristic of a capitalist economy? This book places the wealth-politics nexus at the centre of scholarly analysis. Traditional theories of democracy and property have often ignored the ways in which the rich attempt to convert their wealth into political power, operating on the implicit assumption that politics is isolated from economic forces. This book brings the moral and political links between wealth and power into clear focus. The (...) chapters are divided into three thematic sections. Part I analyses wealth and politics from the perspective of various political traditions, such as liberalism, republicanism, anarchism, and Marxism. Part II addresses the economic sphere, and looks at the political influence of corporations, philanthropists and commons-based organizations. Finally, Part III turns to the political sphere and looks at the role of political parties and constitutions, and phenomena such as corruption and lobbying. Wealth and Power: Philosophical Perspectives will be of interest to scholars and advanced students working in political philosophy, political science, economics, and law. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...) a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

In her recent book Private Government, Elizabeth Anderson makes a powerful but pragmatic case against the abuses experienced by employees in conventional corporations. The purpose of this review-essay is to contrast Anderson’s pragmatic critique of many abuses in the employment relation with a principled critique of the employment relationship itself. This principled critique is based on the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience down through the Enlightenment in the abolitionist, democratic, (...) and feminist movements. That theory was the basis for the abolition of the voluntary slavery or self-sale contract, the voluntary non-democratic constitution (pactum subjectionis), and the voluntary coverture marriage contract in today’s democratic countries. When understood in modern terms, that same theory applies as well against the voluntary self-rental or employment contract that is the basis for our current economic system. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...) a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

The author underlines that Stirner makes a distinction between personal and private property. Die Einzige claims the property of person, not private property: this seems to sidestep Marx’s plethoric attack to him. To private property corresponds the private citizen, who is, first of all, de-prived of his person; he his an individual, not a person; he is “a phantom” – Individuum est ineffabile. Ju¨nger is not alien to such an outcome, provided that the proprietor may prevail (...) on the egoist. The egoist, in fact, is nothing else that the essence of the individual: the soul of a phantom. The politics of the integral proprietor match with the myth of kingship. The king is political body without individuality. (shrink)

The quest for power is an unacknowledged central motive of human action and behaviour. Considering social relationships power structures meet daily and ubiquitous both in the private and in the public domain. They determine our life, limit our personal development and influence our thinking and experiences in everyday life. Knowledge, money, position, prestige, office and dignities, access to information, networks and teams, fortunes and much more essentially are convertible currencies of power. Some examples given in this (...) text may illustrate the aspect of power in social relationships. A plausible explanation of this phenomenon is under consideration. --- Machtbeziehungen sind alltäglich und treten ubiquitär in Erscheinung. Sie begegnen im privaten und im öffentlichen Bereich. Jedermann ist in eine Vielzahl solcher Verhältnisse eingebunden, meist ohne dass er sich dessen bewusst ist. Sie bestimmen unser Leben, setzen unserer Entfaltung Grenzen und beeinflussen unser Denken und unsere Alltagserfahrung. Wissen, Stellung, Geld, Ansehen, Amt und Würden, Zugang zu Information, der Aufbau von Netzwerken und Seilschaften, gutes Aussehen, Vermögen und vieles mehr sind im Grunde nur konvertible Währungen der Macht. Das Streben nach Macht ist ein uneingestandener, aber dennoch zentraler, Beweggrund menschlichen Handelns. Der Text beleuchtet ein Kaleidoskop von Machtbeziehungen, mit dem wir alltäglich konfrontiert werden. Unterschiedliche Beispiele illustrieren die Wirkung von Machtverhältnissen in unserem Umfeld. Ein plausibler Erklärungsansatz für das Streben nach Macht wird diskutiert. (shrink)

Public secondary schools are scarcely available to children in rural Haiti who want to continue their education beyond primary school. While some remote communities may offer private schools, poor families simply cannot afford to send their children to private schools or even move to a city where they have options to attend public secondary schools. The research examined the perspectives of well-informed Haitian educators and other educators who were familiar with the issue of limited access to public secondary (...) education in rural areas of Haiti. The research further determined that the problem can't be solved unless we look at how the country's educational system was affected by Dominance and Abuse of Power by the Elites and other oppressive factors. 20 educators in Haiti and the United States participated in semi-structured interviews to compile data that were analyzed through the prism of Benet's Polarities of democracy theory. The findings indicated that Education for rural residents is undervalued by the government. Political and personal agendas are given more priority. Closing the gap between urban and country life is critical. More public secondary schools for rural areas need to be established, which will need a paradigm shift in the education system of the country. (shrink)

The state of our current world has brought about a very active discussion concerning possible alternatives to our current society. In this article, I wish to consider Marx’s idea of communism as a possible alternative, by understanding it as an undetermined concept that only proposes a society without classes and private property. The thesis I will defend here is that we can meaningfully think about such an alternative through the means of Science Fiction literature. In particular, I will take (...) Ursula Le Guin’s The Dispossessed (2006) as a case study. To clarify this relation between science fiction (SF) literature and communism as a particular case of an alternative society, I will introduce some concepts of Edmund Husserl’s phenomenological theory. Thus, I shall argue that in SF we can presentify in bounded phantasy an alternative lifeworld, so furnishing with content the undetermined idea, and in doing so, strengthen the belief in the possibility of such an alternative society. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put it: "...we (...) propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a presumption (...) in favor of liberty; and interests that enjoy no such presumption. We argue that what is of focal importance for Mill in protecting liberty is captured by the essential role that the value of self-determination plays in human well-being. Finally, we make the case for the plausibility of a more complex and nuanced Millian framework for public health ethics that would modify how the balancing of some liberty and public health interests should proceed by taking the thumb off the liberty end of the scale. Mill’s arguments and the legacy of liberalism support certain forms of state interference with marketplace liberties for the sake of public health objectives without any presumption in favor of liberty. (shrink)

Starting from the special theory of relativity it is argued that the structure of an experience is extended over time, making experience dynamic rather than static. The paper describes and explains what is meant by phenomenal parts and outlines opposing positions on the experience of time. Time according to he special theory of relativity is defined and the possibility of static experience shown to be implausible, leading to the conclusion that experience is dynamic. Some implications of this for the relationship (...) of phenomenology to the physical world are considered. (shrink)

Riemer’s recent paper on the perception of time discusses a neglected yet important topic in the psychological literature: the consequences for psychology (and psychophysics) from the ‘anisotropy’ of time. The paper presents an argument that there are unique kinds of challenges for psychophysics from such temporal anisotropy: (a) Challenges because the psychological experience of time has temporal anisotropy and the physical concept of time does not have temporal anisotropy. (b) Challenges for experimental research which are unique to temporal anisotropy. -/- (...) Although it is important to consider temporal anisotropy, I think there are reasons to deny the force of both kinds of challenges. (shrink)

In this introduction to contemporary conceptions of time and change, I investigate what our experience of time, that is, our experience of change, seems to be and ask whether or not we can say that how it seems could match the reality. My conclusion is that more recent contemporary conceptions of time can do this but that more intuitive or traditional conceptions cannot. Thus, the more contemporary conceptions are preferable for research into time consciousness.

In this paper, we argue that Plotinus denies deliberative forethought about the physical cosmos to the demiurge on the basis of certain basic and widely shared Platonic and Aristotelian assumptions about the character of divine thought. We then discuss how Plotinus can nonetheless maintain that the cosmos is «providentially» ordered.

New biotechnologies have the potential to both dramatically improve human well-being and dramatically widen inequalities in well-being. This paper addresses a question that lies squarely on the fault line of these two claims: When as a matter of justice are societies obligated to include a new biotechnology in a national healthcare system? This question is approached from the standpoint of a twin aim theory of justice, in which social structures, including nation-states, have double-barreled theoretical objectives with regard to human well-being. (...) The first aim is to achieve a sufficient level of well-being in each of six core dimensions. In the special case of healthcare systems, this aim is focally but not exclusively attentive to achieving health sufficiency as one of the core dimensions. The second aim is to combat the emergence and persistence of densely woven patterns of systematic disadvantage that tend to undermine the achievement of a sufficient level of health and the other core elements of well-being of some persons and groups. Judgments about entitlements to health related resources, including new biotechnologies, are made in light of a threshold notion of health sufficiency. What is enough or sufficient health? The answer that is defended here is that sufficient health is enough health for a decent human life, understood as enough health to live a full life course without preventable, significant functional disability or decrement in health, or treatable pain or suffering. When a state must include a new biotechnology in its national healthcare system is also influenced by ancillary concerns about the connection between health and other core dimensions of well-being. What counts as a significant functional impairment or health decrement is thus explicated, in part, in relation to the theory’s sufficiency aim for the other essential dimensions of well-being, and thus for a decent life, overall. Those elements of health that play a critical role in the experience of sufficient reasoning, affiliation, security, respect and self determination are especially important; any loss of health function or capacity that threatens the individual’s prospects for sufficiency in these other dimensions, including the relational egalitiarian concerns they entail, constitutes a significant functional impairment. Within national borders, individuals are thus entitled to those health-related goods and services that are essential for a sufficiency of each of the dimensions of well-being; with regard to self determination and respect, what is sufficient by way of guaranteed access to specific goods and services is going to depend on the implications of such access for where an individual stands in relation to her co-nationals. The content of any entitlement to health-related goods and services is also necessarily dynamic. What can be done for health and the other core dimensions of well-being as a function of technological innovation and diffusion is in constant flux. The paper concludes by considering the implications of this analysis for the conditions under which states are obligated to include access in their healthcare systems to one biotechnology, deep brain stimulation. (shrink)

This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to heart that (...) the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

What is discrimination and what makes wrongful discrimination wrong? Even after an ever-rising tide of research over the course of the past twenty-five or so years these questions still remain hard to answer. Exercising candid and self-critical hindsight, Larry Alexander, who contributed his fair share to this tide, thus remarked: “All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.” If this is true it (...) raises serious doubts as to how wrongful discrimination can be a moral wrong in itself. Also, the question comes up as to who it is who breaches a promise or a fiduciary duty. This paper defends the view that the substance of these remarks is better understood by couching them in a political approach towards discrimination. Against this background, they give rise to real and pressing concerns. Once we conceptualise the realm political along Hobbesian lines as the battleground comprising both the private sphere of the individual and the public sphere of the commonwealth it emerges that discrimination has different significance with regard to these respective spheres. In order to illustrate this, I adopt Kasper Lippert-Rasmussen’s descriptive account of discrimination as „differential treatment on the basis of membership of a socially salient group“ and the common view that wrongful discrimination is wrong because it is harmful, disrespectful, or both. In the private sphere the case can be made for morally permissible cases of discrimination. Sexual discrimination due to sexual self-determination with consequently freely choosing your sexual or romantic partner is the central case in point. Where somebody feels unfairly rejected and consequently hurt neither the charge of harm inflicted nor that of disrespect endured need be justified. No “breach of promises or fiduciary duties” is involved. The case is different, however, when it comes to the fiduciary of power. In discriminating, he who exercises the power of the commonwealth necessarily breaches a promise and a fiduciary duty. Discrimination thus appears to be more of a problem of political philosophy than one of applied ethics. [in German] **************************************************************************************************** ******************** Was ist Diskriminierung und warum ist Diskriminierung verwerflich, wenn sie es denn ist? Dies bleibt ungeachtet der seit fünfundzwanzig Jahren anschwellenden Forschungsliteratur unverändert eine harte Nuss. Larry Alexander, der selbst maßgeblich zu dieser Forschungsliteratur beigetragen hat, merkt daher selbstkritisch an: „All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.“ Wenn dies der Fall ist, stellt sich die Frage, wie moralisch verwerfliche Diskriminierung dann noch an sich verwerflich sein kann. Es stellt sich dann auch die Frage, wer hier ein Versprechen bricht und seine Treuepflichten verletzt. Die leitende Annahme dieses Aufsatzes ist es, dass man dem sachlichen Kern dieser Bedenken Rechnung tragen kann, indem man eine politische Perspektive auf das Phänomen der Diskriminierung einnimmt. Die Bedenken erweisen sich dann als substanziell und zutreffend. Konzeptualisieren wir den Bereich des Politischen mit Thomas Hobbes als das Spannungsfeld, das die private Sphäre des Individuums und die öffentliche Sphäre des Gemeinwesens gegeneinander abgrenzt, wird sichtbar, dass Diskriminierung in diesen Sphären jeweils unterschiedlich zu bewerten ist. Um dies zu verdeutlichen, lege ich Kasper Lippert-Rasmussens deskriptives Verständnis von Diskriminierung als „differential treatment on the basis of membership of a socially salient group“ zugrunde und mache von der in der Diskussion verbreiteten Ansicht Gebrauch, dass das Zufügen von Schaden oder die Verweigerung von Respekt Diskriminierung verwerflich macht. In der privaten Sphäre kann es nun Fälle moralisch zulässiger Diskriminierung geben. Zentral ist die sexuelle Diskriminierung aufgrund der Ausübung einer freien Wahl des eigenen Sexual- oder Liebespartners. Auch wenn sich der Abgewiesene womöglich geschädigt sieht, wird unbilliger Schaden nicht zugefügt und geschul- deter Respekt nicht verweigert. Den Grund finden wir in Alexanders Formel: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt nicht vor. Anders im Fall staatlicher Diskriminierung: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt hier stets vor, da Fälle staatlicher Diskriminierung regelmäßig Machtmissbrauch darstellen: Der Inhaber staatlicher Gewalt verletzt die Treuepflicht, das Mandat unparteilich auszuüben, das getreulich auszuführen er gelobt hat. Diskriminierung erscheint also weniger als ein Problem der angewandten Ethik denn als eines der politischen Philosophie. (shrink)

Cloud Computing is a developing field and lean toward by numerous one at current yet it's rage is part more rely upon its execution which thusly is excessively rely upon the powerful booking algorithm and load adjusting . In this paper we address this issue and propose an algorithm for private cloud which has high throughput and for open cloud which address the issue of condition awareness likewise with execution. To enhance the throughput in private cloud SJF is (...) utilized for planning and to conquer shape the issue of starvation we utilize limited pausing. For stack adjusting we screen the heap and dispatch the activity to the minimum stacked VM. To acquire advantage and to have open door for future upgrade out in the open cloud condition cognizance is the key factor and for better execution and load adjusting likewise wanted. While stack adjusting enhances the execution, the earth awareness increment the benefit of cloud suppliers. (shrink)

The article reports on some societal observations conducted in 2019 on New York subways. With comparison to the subway management cases observed in Milan and mainland China, the article contends that the phenomenon in the New York public-funded transportation system reflects the spirit of equality in human with efficacy on the utility of the public-funded infrastructure. The message in the letter concludes that public & private fundings need to be drawn for the human development of the homeless population in (...) the New York City subways. Considering the realpolitik issues arose from revisionist powers in economy, bottom-up state-building is the secure strategy with on-going regional conflicts & post-pandemic situations. The letter argues that putting human rights in the high values of politics is a positive sum game for the status quo. (shrink)

The identity and institutional capabilities of the European Union (EU) have changed over the years. As a global player in international politics, the EU has recognized the need to develop a comprehensive space policy perspective. This perspective is shaped by changes in the dynamics of the space ecosystem, the "New Space", and this phenomenon consists of new business models, new technologies, new markets, new value chains and new actors. New space actors (private investors) have fundamentally changed the dynamics of (...) space activities. The subject of the research is the peculiarities of the influence of investment processes of the EU and Ukraine on the development of space industries. The methodological basis consisted of general scientific and special methods of knowledge, based on a systematic approach to the consideration of economic processes. The article aims to examine investment in the context of space management in the EU and Ukraine, and to examine in detail the trends in such funding of space companies. In order to better understand the European space system. The article concludes that, recognizing the indisputable importance of space applications and safety of space systems, the EU attaches great importance to taking into account the trend of "New Space" in its governance structure and stimulating changes in this sector. Unfortunately, Ukraine lags far behind in this respect. In the EU, in the initial stages of space research and use, space programs are financed from the general budget, and as individual activities reach a level of profitability, their public funding is reduced. Therefore, the sphere of commercial space activities and the share of private investments in their total financing are rapidly growing. The reduction of state expenditures is compensated by investments of private business in commercial projects. Thus, the article emphasizes the particular importance of private investments in the development of the Ukrainian space industry and points to the need to develop the commercialization of space activities, especially given the potential in the absence of budget financing. It is impossible to compare the sufficiently powerful and effective investment system of the EU and the lack of even state financing of the space industry in Ukraine. Against the backdrop of hostilities in Ukraine, there is a significant need to reconsider investments in this area on the basis of public-private and international partnerships. Conclusion. The main tasks for Ukraine are revision and change of the state policy, right accents on investments into the space industry, qualitative overcoming of bureaucratic obstacles, approval of a new Strategy of Space Industry Development. As an example, one could use the experience of the EU and refer to its previous experience in this sphere to have an opportunity to stay among the world space powers. (shrink)

Capitalism: The Birth of an Idea. Amongst the Enlightenment’s emancipatory slogans was a call for the liberation of economic energy, a call that was most fully expressed by Adam Smith in Inquiry into the Nature and Causes of the Wealth of Nations. Smith provided a final analysis of the mercantilist system that had been prevailing from the beginning of the sixteenth century. By justifying the superiority of the free market economy models, Smith created the intellectual foundations for the capitalist order. (...) He proposed a model for the production and distribution of goods that was based on two pillars: the right to private property and free market institutions. The vision of capitalism created by Smith was a system of power and freedom: a system of individual sovereignty over the world of objects and a system of the free circulation of goods. The combination of these two principles resulted in a coherent system which, when used in practice, has shown remarkable efficiency. Smith’s work proved to be a reliable way to achieve worldly success, one that has worked wherever it was tried out. Capitalism, and the accompanying moral philosophy, was the most commonly pursued idea of the eighteenth century. (shrink)

Contemporary arguments about private paramilitary organizations often focus on the threat of physical violence that they pose to the state: if such organizations garner enough physical power, then they can overtake the state via violent coup. Inspired by the legalist scholar Han Feizi’s position, we contend that such organizations also represent a sociopolitical, existential threat to the state. Specifically, their tendency for ideological expansion and subsequent gathering of political influence undermines state institutions, even without the use of overt (...) physical force. Consequently, the sociopolitical enterprise of having a unified, stable state is incompatible with the existence of, and public political support for, private paramilitary organizations, regardless of their actual or potential physical power. This argument succeeds regardless of the moral status of such paramilitary groups. Such groups, when they match the essential components of the description Han Feizi provides, are practically and politically antithetical to the integrity of the state. (shrink)

Two great problems of learning confront humanity: learning about the universe, and about ourselves and other living things as a part of the universe; and learning how to create a good, civilized, enlightened, wise world. We have solved the first great problem of learning – we did that when we created modern science and technology in the 17th century. But we have not yet solved the second one. That combination of solving the first problem, failing to solve the second one, (...) is very, very, dangerous. Almost all our current global problems have arisen as a result. Modern science and technology immensely increase our powers to act (for some of us), but not our power to act wisely. Modern science and technology lead to modern industry, modern agriculture, travel, medicine, hygiene and armaments, and these in turn lead to much that is of benefit, but also to all our current global problems: population growth, habitat destruction, loss of wild life, mass extinction of species, lethal modern war, the menace of nuclear weapons, pollution of earth, sea and air, antibiotic resistance, degradation of democracy facilitated by the internet and, most serious of all, the climate crisis. Now that we have modern science and technology, wisdom has become, not a private luxury, but a public necessity. But how is it to be achieved? Here is the solution. We can learn from the solution to the first great problem of learning how to solve the second one. That was the basic idea of the 18th century Enlightenment, but in implementing it, the philosophes of the Enlightenment blundered. They got the progress-achieving methods of science wrong; they failed to generalize them properly; and they applied them, not to social life but to creating social science. Their mistakes are still built into academia today. In order to learn how to create a civilized, enlightened world, the key thing we need to do is to cure academia of the structural blunders we have inherited from the Enlightenment. We need to bring about a revolution in science, and in academia more broadly so that the basic aim becomes wisdom, and not just knowledge – wisdom being the capacity, active endeavour and desire to realize what is of value in life for oneself and others, wisdom thus including knowledge and technological know-how, but much else besides. The outcome of the revolution we need would be universities radically transformed, so that they become rationally and actively devoted to helping people solve problems of living, including global problems, thus making progress to as good, civilized, enlightened a world as possible. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and purposive (...) agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

Gossip is often serious business, not idle chitchat. Gossip allows those oppressed to privately name their oppressors as a warning to others. Of course, gossip can be in error. The speaker may be lying or merely have lacked sufficient evidence. Bias can also make those who hear the gossip more or less likely to believe the gossip. By examining the social functions of gossip and considering the differences in power dynamics in which gossip can occur, we contend that gossip (...) may be not only permissible but virtuous, both as the only reasonable recourse available and as a means of resistance against oppression. (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)

Socialist republicans advocate public ownership and control of the means of production in order to achieve the republican goal of a society without endemic domination. While civic republicanism is often attacked for its conservatism, the relatively neglected radical history of the tradition shows how a republican form of socialism provides powerful conceptual resources to critique capitalism for leaving workers and citizens dominated. This analysis supports a programme of public ownership and economic democracy intended to reduce domination in the workplace and (...) wider society. I defend this socialist republicanism from both the Marxist objection that it overlooks the impersonal nature of domination under capitalism and the left-liberal objections that property-owning democracy or worker codetermination are sufficient to suppress dominating relationships. The resulting position identifies the need for more ambitious institutional grounds for republican liberty than is often supposed, while offering us a distinctive emancipatory justification for socialism. (shrink)

Suppose a person lives in a sub-Saharan country that has won its independence from colonial powers in the last 50 years or so. Suppose also that that person has become a high-ranking government official who makes decisions on how to allocate goods, such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients or might it be appropriate to consider, for example, family membership, party affiliation, race or revolutionary (...) stature as reasons to benefit certain individuals at some cost to the general public? Which of these factors should be considered unjust, or even corrupt, as a basis on which to allocate state goods and which should not? This chapter outlines an attractive moral theory with African content that forbids both impartialism and a strong form of partialism that would permit government officials to favour members of their families or political parties. Between these two extremes, a moderate partialism is prescribed. This permits government agents to occasionally favour veterans and victims of state injustices at some cost to the general public. This chapter seeks to provide a new, unified explanation of why sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who struggled against colonialism, but prohibit other nepotistic forms of partiality. (shrink)

Informal political representation—the phenomenon of speaking or acting on behalf of others although one has not been elected or selected to do so by means of a systematized election or selection procedure—plays a crucial role in advancing the interests of groups. Sometimes, those who emerge as informal political representatives (IPRs) do so willingly (voluntary representatives). But, often, people end up being IPRs, either in their private lives or in more public political forums, over their own protests (unwilling representatives) or (...) even without their knowledge (unwitting representatives)—that is, they are conscripted. None of the few theories of informal political representation extant accommodate conscripted IPRs. The account detailed here introduces the phenomenon of conscripted informal political representation and explains its place in a complete theory of informal political representation. Conscripted IPRs can, like their voluntary counterparts, come to have significant power to influence how various audiences regard those for whom the conscripted IPRs speak or act. Upon attaining such power to influence, conscripted IPRs, like their voluntary counterparts, come to have pro tanto duties to those they represent—duties that arise despite IPRs’ unwittingness or unwillingness. Understanding the phenomenon of conscripted informal political representation allows us to surface essential normative questions about informal political representation that are otherwise occluded. (shrink)

When natural selection theory was presented, much active philosophical debate, in which Darwin himself participated, centered on its hypothetical nature, its explanatory power, and Darwin's methodology. Upon first examination, Darwin's support of his theory seems to consist of a set of claims pertaining to various aspects of explanatory success. I analyze the support of his method and theory given in the Origin of Species and private correspondence, and conclude that an interpretation focusing on the explanatory strengths of natural (...) selection theory accurately reflects neither Darwin's own self-consciously held views, nor the nature of his support. Darwin's methodological and philosophical arguments were at once consistently empiricist and more sophisticated than such interpretations credit to him. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, (...) courts and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. (...) In contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, it (...) concludes, we should reject the assumption, which many of us share with Mill, that the secret ballot is justified only on prudential grounds and recognise how central privacy is to any democratic conception of citizenship and politics. (shrink)

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to capitalist economies. (...) There are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

The essay brings a summation of human efforts seeking to understand our existence. Plato and Kant & cognitive science complete reduction of philosophy to a neural mechanism, evolved along elementary Darwinian principles. Plato in his famous Cave Allegory explains that between reality and our experience of it there exists a great chasm, a metaphysical gap, fully confirmed through particle-wave duality of quantum physics. Kant found that we have two kinds of perception, two senses: By the spatial outer sense we perceive (...) phenomena, objects in space. Our temporal inner sense lets us perceive our inner state, noumena . Kant's two senses are fully confirmed through bilateral brain duality of cognitive science. The bilateral brain serves inner, temporal sense, logic & noumena in the left hemisphere. The right brain half is for the outer, spatial sense, geometry & phenomena. We form a whole system, a bilateral interior cosmos, a kind of world model, expressing what may lie beyond the metaphysical gap. In the right brain we build a phenomenal cosmos, to resemble the outer environment. In the brain's left hemisphere a noumenal cosmos, a model of our private world including Saint Teresa of Avila's castillo interior. The cosmos is regularly updated with novel sense data integrated into our memory banks. This was recognized early by Helmholtz (1860s). Our lives, health & well-being depend on us keeping our interior cosmos in good order. This used to be seen as saving one's precious soul from perdition. While we endeavour to keep our phenomenal cosmos neat & orderly by protecting the environment from harm, our noumenal cosmos to be livable requires us to engage in ethical conduct. This bilateral cosmos is responsible for our common sense judgment power, that we depend on for being able to lead a good & benign life. The 200 million neurons of BA10 in the prefrontal lobe have global access to the interior cosmos, & apply massive feedback to identify environmental conditions rapidly. The global access also gives conscious presence of the individual to itself, all that is present in the interior cosmos, for total freedom of action. In the left brain private ego, we are guarded by faith in divine mercy, & guided to choose the best course of action, able to survive under the most adverse conditions. For this, we receive directions from the Holy Ghost in Saint Teresa's castillo interior. (shrink)