This paper focuses on Dzogchen and self liberation.

This paper focuses on Heidegger's presentation of becoming self liberated.

From its inception, philosophy for/with children (P4wC) has sought to promote philosophical discussion with children based on the latter’s own questions and a pedagogic method designed to encourage critical, creative, and caring thinking. Communities of inquiry can be plagued by power struggles prompted by diverse identities, however. These not always being highlighted in the literature or P4wC discourse, this article proposes a two-stage model for facilitators as part of their ethical responsibility. In the first phase, they should free themselves from (...) assumptions and closed-mindedness. They should liberate themselves from pedagogy of fear and “banking education” in order to act freely in an educational space characterized by improvisation that cultivates participation of the children. Here, the text is based on normalizing education principles, counter-education and diasporic-education approaches in order to ensure openness and inclusiveness. In the second, they should embrace enabling-identity views and practices in order to make the community of inquiry as identity-broad and -rich as possible, recognizing and legitimizing the participants’ differences. Here, the text is based on principles such as recognizing power games as part of the community, ensuring multi-narratives human environment and enabling epistemic justice in order to ensure perspectival multiplicity, multiple identities, and the legitimization of difference characterized by pedagogy of search. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of this (...) paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic (...) event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

This paper presents a dilemma for Matthew Kramer’s view, as defended in his _Liberalism with Excellence_. A central aim of that book is to critique existing liberal perfectionist theories, which he labels “edificatory,” and to defend a different such theory, which he calls “aspirational.” Edificatory perfectionism holds that governments ought to promote citizens’ well-being directly by inducing them to live lives that are more wholesome, cultivated, or autonomous. Aspirational perfectionism, meanwhile, holds that governments ought to promote the conditions under which (...) every citizen can be warranted in harboring a strong sense of self-respect, by promoting the occurrence of outstanding achievements within society. We first argue that Kramer’s two central arguments against edificatory perfectionism, which appeal to the value of freedom and to moral integrity, fail to establish the impermissibility of edificatory policies. His critique could be salvaged by holding that the ambit of legitimate government activity is limited to the provision and distribution of primary goods. However, we argue, second, that Kramer’s own aspirational perfectionism also runs afoul of this restriction, because his conception of warranted self-respect is not a primary good. Kramer is thus faced with a choice between upholding his objections to edificatory perfectionism and maintaining the coherence of his aspirational perfectionism. -/- . (shrink)

My essay begins by providing a broad vision of how William James’s psychology and philosophy were a two-pronged attempt to revive the self whose foundations had collapsed after the Civil War. Next, I explain how this revival was all too successful insofar as James inadvertently resurrected the imperial self, so that he was forced to adjust and develop his philosophy of religion in keeping with his anti-imperialism. James’s mature philosophy of religion therefore articulates a vision of the radically (...) ethical saint religiously bound to a decidedly pluralistic universe. I evaluate James’s philosophy of religion by comparing it to Enrique Dussel’s psychological portrait of the imperialist ego, Dussel’s attempt to religiously bind this ego, and the more radical philosophy that results. I suggest that Dussel’s philosophy of liberation: 1) better theorizes the religious contraction of the self as a necessary part of ethical and political life and 2) offers a more concrete and radically democratic philosophy. My overarching aim is to show how Dussel’s liberation philosophy can help critically develop James’s pragmatist claim that religion might provide a force for widely and positively transforming our ethical and political lives. (shrink)

After distinguishing between a metaphysical and a contemplative strategy interpretation of the no-self doctrine, I argue that the latter allows for the illumination of significant and under-discussed Kantian affinities with Buddhist views of the self and moral psychology. Unlike its metaphysical counterpart, the contemplative strategy interpretation, understands the doctrine of no-self as a technique of perception, undertaken from the practical standpoint of action. I argue that if we think of the contemplative strategy version of the no-self (...) doctrine as a process engaged in, in order to free oneself from delusion and to see things more objectively in order to promote right action, then we find a clear parallel in Kant’s duty of self-knowledge which demands that we rid ourselves of deluded moral self-descriptions. While in Buddhism the aim is a selflessness that liberates one from suffering, for Kant the aim is an agency free of the conceit that interferes with clear moral vision, sound judgement, and dutiful action. I conclude by responding to objections advanced by Charles Goodman which aim to show that the Kantian position is deeply at odds with Buddhist thinking, arguing that neither Kantian agency nor Kantian self-legislation is undermined by the doctrine of no-self. (shrink)

In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a debate over the incidents (...) (or components) of self-ownership, with liberals arguing for a narrow definition of the concept and libertarians arguing for a broad one. By using what Alan Ryan has called the “language of proprietorship,” I pinpoint precisely the source of the disagreement between liberals and libertarians and assess the relative strengths of their arguments. I also show that the respective definitions of self-ownership used by liberals and libertarians are deeply problematic—though for strikingly different reasons. (shrink)

Using Australia to illustrate the case, in this paper it is argued that the transformation of universities into businesses and the undermining of the liberal arts is motivated by either contempt for or outright hostility to democracy. This is associated with a global managerial revolution that is enslaving nations and people to the global market and the corporations that dominate it. The struggle within universities is the site of a struggle to reverse the gains of the Radical Enlightenment, the tradition (...) of Enlightenment that, committed to upholding and developing the civic humanism of the Renaissance, strove for liberty, understood as democratic self-governance. The central place the liberal arts had in upholding this liberty is shown. Inspired by the Ancient Greek notion of paideia, the liberal arts, which originated in republican Rome, was the form of education required designed for free people, in opposition to the specialist education appropriate for slaves, to inspire them to maintain their liberty and enable them to govern themselves. While not always upholding this ideal, it is argued in this paper that the liberal arts always kept alive this quest for liberty, bequeathing this quest to the Renaissance philosophers and to the proponents of the Radical Enlightenment. With managerialism and the undermining of democracy, such education and the questioning, creative people it produced, are now seen as a threat to the new global corporatocracy who, to achieve cultural hegemony, have coöpted university managers and academics to impose their agenda to cripple the liberal arts. Their goal, never fully articulated as such but successfully prosecuted, is a dumbed-down population. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the (...) principles of self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

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

In the 1980s and 1990s, a series of attempts were made to put into U.S. law a civil rights ordinance that would make it possible to sue the makers and distributors of pornography for doing so (under certain conditions). One defence of such legislation has come to be called "the free speech argument against pornography." Philosophers Rae Langton, Jennifer Hornsby and Caroline West have supposed that this defence of the legislation can function as a liberal defence of the legislation: in (...) particular, a defence of the legislation based on the value of women's liberty. This would be somewhat unexpected given MacKinnon's own antipathy toward liberalism. In this paper, I argue that the free speech argument against pornography cannot be used as a liberal defence of the ordinances. The legislation is, to some extent, self-defeating insofar as it understood in terms acceptable to a fairly standard kind of liberal. This becomes apparent when we consider the value pornography can have for women, which we can see if we consider what female makers, distributors and consumers of pornography have to say about why they make, distribute and consume it. (shrink)

ExtractThis essay is about liberal and conservative views of marriage. I'll begin by mentioning that I would really, really like to avoid use of the terms ‘liberal’ and ‘conservative’, but when push comes to shove, I know of no better labels for the positions that will be discussed in what follows. I would like to avoid these labels for a simple reason: many people strongly self-identify as liberals or as conservatives, and this can undermine our ability to investigate the (...) topic in a sane, rational way. Politics, at least in the contemporary English-speaking world, functions a lot like the world of sports. Many people have a particular team to which their allegiance has been pledged, and the team's successes and failures on the field are shared in the hearts and minds of its loyal followers. In my own case – and here, I ask for your pity – I am a fan of the National Football League's Cleveland Browns. As much as I might wish things were otherwise, I rejoice in the Browns' triumphs and suffer when they lose. I do not wait to see what happens in the game before I decide which team to cheer for; if it's an NFL game, and I see orange and brown, I know where my allegiance lies. Furthermore, I identify with my fellow Browns fans in a way that I cannot identify with followers of, say, the Pittsburgh Steelers. Clevelanders are my people. We share something, and what we share unites us in opposition to Steeler Nation. Their victories are our defeats. It is a zero-sum game: for one of us to win, the other must lose.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.LIBERAL AND CONSERVATIVE VIEWS OF MARRIAGEVolume 12, Issue 34Matthew Carey JordanDOI: https://doi.org/10.1017/S1477175613000067Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. LIBERAL AND CONSERVATIVE VIEWS OF MARRIAGEVolume 12, Issue 34Matthew Carey JordanDOI: https://doi.org/10.1017/S1477175613000067Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. LIBERAL AND CONSERVATIVE VIEWS OF MARRIAGEVolume 12, Issue 34Matthew Carey JordanDOI: https://doi.org/10.1017/S1477175613000067Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

ABSTRACTContemporary accounts of knowing one’s own mental states can be instructively supplemented by early modern accounts that understand self-knowledge as an important factor for flourishing human life. This article argues that in the early modern French moralists, one finds diverging conceptions of how knowing one’s own personal qualities could constitute a kind of human excellence: François de la Rochefoucauld argues that the value of knowing one’s own character faults could contribute to an attitude of self-acceptance that liberates one (...) from the effort of deceiving oneself and others. Madeleine de Scudéry argues that knowing one’s own character faults could be an incentive for self-cultivation that leads to the development of character traits that are naturally good. Anne-Thérèse de Lambert concurs with Scudéry’s insight and develops it further. According to Lambert, self-knowledge is crucial for developing character traits that give rise to the natural right of bei... (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 (...) class='Hi'>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)

This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types of groups (...) including ‘illiberal’ ones. If, however, a broader definition of political legitimacy is adopted – one that is predicated upon the liberal notions of individual moral autonomy and equality – then the right to independent statehood will generally not include a right to secede from a state that already upholds these principles. Consequently, liberal theorists of secession are forced to choose between particularizing a right of independent statehood to groups trapped in illiberal states, or acknowledging that the right to secede includes a right to establish an ‘illiberal’ state that bestows upon its citizens unequal rights and entitlements other than a right of exit. (shrink)

Very little attention has been paid towards examining John Rawls’s liberal principle of legitimacy as a self-standing theory. Nevertheless, it offers a highly original way of thinking about state legitimacy. In this paper, I will offer a sketch of what such an account might look like. At its heart is the idea that the legitimacy of the state resides not in the consent of the governed, nor in the state’s conformity with the appropriate principles of justice, but rather in (...) citizens’ endorsement of the state and its underlying constitutional principles on the basis of their own comprehensive conceptions of justice. Such an account offers a stable middle ground between popular alternatives, and has a way of not just solving, but dissolving, the problem of legitimacy. (shrink)

This paper examines the liberal society that Popper lauds, that aims to be truly open, and discusses why another, more communitarian kind of society, particularly societies in Africa, may also reflect the quest for intellectual openness that is Popper’s ideal. Moreover, this paper avers reasons why Popper should be comfortable with such a liberal-communitarian mix. The inter-subjectivity in his critical rationalism is a balance of an explicit individualism, and an implicit social element (Afisi, 2016a). Popper is indeed an author of (...) such a balance. For a society to be truly open requires the careful recognition and protection of individual freedom. However, the extent to which individuals are free to perform actions that they desire without external constraints, and the level of their individuality in relation to others when performing such actions, remain a contentious issue between liberals and more communitarian thinkers. Popper’s critical rationalism provides the necessary impetus to this contention through his view of freedom that I contend can best be viewed as carefully balanced, a view which combines individuality with a social element that upholds community values necessary for openness of society. With this combination, Popper’s politics of liberalism provides an effective model of how a truly open society can be achieved. The values inherent to Popper’s liberalism including those concerning intellectual openness, individual freedom, mutual respect, measured self-respect, welfarism, humanitarianism, accountability, critical debates and feedback from the citizens, together concern the conditions for a society to be truly open. There are many competing thoughts as to what openness might be in Popper’s philosophy. The present study of Popper does not presume to address them all. The focus here is specifically on using Popper’s idea of critical rationalism to balance relations between liberal politics of individual rights and freedom, and communitarian politics of the common good, as it relates to situations about how socio-economic and political conditions in Africa societies should be structured. While I contend that Popper’s works in political philosophy focused centrally on Western political tradition, and not about Africa in its strict sense, significant lessons can be distilled from Popper that can offer suggestions on social reforms in Africa. This paper explores Popper’s project of the open society across the plurality and differences of societies, so that his liberal ideas of individual freedom are not undermined, and the progress of the communitarian idea of the common good, that Africa societies are built upon, is also well enhanced. Liberal individualism and community values inherent to communitarianism are both well accommodated within Popper’s critical rationalism. (shrink)

One powerful argument against self-ownership is that it degrades personhood by leading individuals to view themselves and others as mere instrumental goods, alienable commodities to be exchanged in markets like other products and services. In general terms, this line of criticism (called the “commodification argument”) maintains that a direct and causal relationship exists between certain legal institutions (self-ownership) and certain attitudes (instrumentalism) and that the undesirability of the latter justifies restrictions on the former. In this article, I will (...) critically examine Margaret Jane Radin’s book Contested Commodities (1996), which presents a well-developed, compelling version of the commodification argument. I will advance three central points over the course of the article: first, the purported causal connection between self-ownership and instrumentalism is either weak or nonexistent; second, the commodification argument does little independent moral work, tending instead to be parasitic on arguments against economic, racial, and gender inequality; and third, what independent moral work it does do seems to be directed not so much at self-ownership as at liberal neutrality. I will conclude by showing that the weaknesses of Radin’s diverse defenses of the commodification argument cast doubt upon the anticommodificationist enterprise as a whole. (shrink)

This article considers the proportionality requirement of the self-defense justification. It first lays bare the assumptions and the logic—and often illogic—underlying very strict accounts of the proportionality requirement. It argues that accounts that try to rule out lethal self-defense against threats to property or against threats of minor assault by an appeal to the supreme value of life have counter-intuitive implications and are untenable. Furthermore, it provides arguments demonstrating that there is not necessarily a right not to be (...) killed in defense against theft or minor assaults. While there is a general moral right of self-defense and a general right to life, the scope of these rights depends on certain social facts that—even within a liberal framework—can differ from one society to another. Moreover, the proportionality of self-defense does not depend on the rights of the aggressor alone, but also on a precautionary rule, shaped by the balance of interests of the society in question and aimed at protecting innocent people and other social interests. This rule can protect an aggressor even in cases where he does not have the right to such protection. (shrink)

Ambedkar denounced caste system for violating the respect and dignity of the individual; yet his critique of caste-ridden society also foregrounds the limits of the theory and practice of citizenship and liberal politics in India. Since membership of a caste group was not a voluntary choice, but determined by birth and hence a coercive association, the liberal view of the self as a totally unencumbered and radically free subject seemed plagued with difficulties. Though the nation state envisages a political (...) community co-extensive with one cultural community, it need not, Ambedkar argued, necessarily lead to abolition of discriminatory caste practices in civil society. To restore the cultural rights of stigmatised populations, unredeemed by the nation state, propelled Ambedkar to seek solution in B. (shrink)

In assessing ethical issues concerning the sex-industry, feminist liberalism ought to combine the concern for the worker that is central to its treatment of prostitution, with sensitivity to the social and cultural embeddedness of self that is central to its treatment of pornography. That would enable us to then look at live-actor pornography as a form of prostitution that raises additional questions about third party consumption — and analysis both more theoretically coherent and practically useful.

In this paper, we offer a Leftist critique of standard liberal defenses of the public school. We suggest that the standard arguments employed by mainstream liberal defenders of the public school are generally inadequate because they fail to provide a credible representation of their historical object, let alone effective remedies to our current problems. Indeed, many of these narratives, in our view, are grounded in fantasies about what public schools, or teaching and learning, are or could be, as much as (...) they are grounded in the historical realities of public schools or the realities of so-called privatization. We speculate whether the self identification of the proponents of this cause as ‘progressive’ is not part of this ideological construction and if the underlying political agenda is not in fact more conservative. (shrink)

My project examines the pedagogical approach of the Stoic Epictetus by focusing on seven vital lessons he imparts. This study will deepen our understanding of his vocation as a Stoic educator striving to free his students from the fears and foolishness that hold happiness hostage. These lessons are (1) how freedom, integrity, self-respect, and happiness interrelate; (2) real versus fake tragedy and real versus fake heroism; (3) the instructive roles that various animals play in Stoic education; (4) athleticism, sport, (...) and game-playing as analogies for striving to live virtuously; (5) place, time, and progress in the journey to self-realization; (6) how to live with death and exit life fearlessly; (7) how teaching wisdom is one of several ways the Stoic sage loves others. (shrink)

Questions are currently being posed concerning the implications of the clinical uptake of psychedelics. While enthusiasm surrounds the potential therapeutic benefits of psychedelics and critique surrounds their appropriation to commercial ends, limited attention has been given to the role of psychedelics in generating social transformation. Herbert Marcuse contended radical change requires ‘new imaginaries of liberation’. We consider whether clinical uptake of psychedelics may produce the perceptual shifts necessary to generate social transformation surrounding contemporary alienating conditions. Economic structures contributing to (...) these alienating conditions are highly resistant to change and may neuter psychedelics’ revolutionary potential. We illustrate how psychedelics may be instrumentalised: regulating individuals into unjust systems; redirecting psychedelic usage away from therapeutic ends towards productivity; distracting or diverting attention from systemic forms of control; usurping non- ordinary states into the domain of self-care; and fetishistically commodifying psychedelic experience as a consumable. There are, however, reasons to believe that psychedelics, in raising consciousnesses, may prove resistant to co-option. In particular, psychedelics induce perceptual experiences that: challenge the paradigmatic assumptions of industrial society by provoking alternative epistemologies and meta- physics; generate expanded or ecological constructions of selfhood, thereby offering resignifications of meanings, desires, and life potentials; and offer the enriched phenomenological insight into self, other, and world called for in combating ubiquitous social alienation. In this way, psychedelics may induce the revolution in perception necessary to imagine liberatory potentials and spark the desire for collective emancipation. (shrink)

This paper examines a largely unrecognized mental disorder that is essentially a disability of values. It is their daily contact with this pathology that leads many university liberal arts faculty to demoralization. The deeply rooted disparity between the world of the traditional liberal arts scholar and today’s college students is not simply a gulf across which communication is difficult, but rather involves a pathological impairment in the majority of students that stems from an exclusionary focus on work, money, and the (...) acquisition of things. It is argued that this state of mind constitutes a self-disabling mental illness, which for a society becomes pathological ideology, and for the individual takes the form of clinical narcissism. (shrink)

This paper problematizes the concept of individual autonomy in the on-going project of attempting to understand and construct global principles of bioethics. We argue that autonomy as it is commonly defined and interpreted, and the emphasis that is placed on it, presupposes an individualistic concept of the self, family, and community that arises out of a Euro-Western liberal tradition and that is often in tension with various non-Western perspectives. We conclude that a more globally dialogical approach to bioethics is (...) required. (shrink)

Michael Huemer argues that cross-cultural convergence toward liberal moral values is evidence of objective moral progress, and by extension, evidence for moral realism. Nathan Cofnas claims to debunk Huemer’s argument by contending that convergence toward liberal moral values can be better explained by ‘two related non-truth-tracking processes’: self-interest and its long-term tendency to result in social conditions conducive to greater empathy. This article argues that although Cofnas successfully debunks Huemer’s convergence argument for one influential form of moral realism – (...) Robust Moral Realism, which holds that moral facts are non-natural, stance-independent normative facts – Cofnas’s debunking argument broadly supports a second type of moral realism: Enlightened Self-Interest Realism, the view that moral facts are reducible to stance-dependent requirements of instrumental (‘means-end’) rationality. Finally, this article argues that insofar as different Enlightened Self-Interest Realist theories make specific predictions about the intra- and inter-personal mechanisms behind moral convergence toward liberalism, empirical observations of cross-cultural convergence can provide independent support for Enlightened Self-Interest Realism. I conclude that this is an important mark in favor of Enlightened Self-Interest Realism over Robust Moral Realism. (shrink)

When explaining human actions, people usually focus on a small subset of potential causes. What leads us to prefer certain explanations for valenced actions over others? The present studies indicate that our moral attitudes often predict our explanatory preferences far better than our beliefs about how causally sensitive actions are to features of the actor's environment. Study 1 found that high-prejudice participants were much more likely to endorse non-agential explanations of an erotic same-sex encounter, such as that one of the (...) men endured a stressful event earlier that day. Study 2 manipulated participants' beliefs about how the agent's behavior depended on features of his environment, finding that such beliefs played no clear role in modeling participants' explanatory preferences. This result emerged both with low- and high-prejudice, US and Indian participants, suggesting that these findings probably reflect a species-typical feature of human psychology. Study 3 found that moral attitudes also predicted explanations for a woman's decision to abort her pregnancy (3a) and a person's decision to convert to Islam (3b). Study 4 found that luck in an action's etiology tends to undermine perceptions of blame more readily than perceptions of praise. Finally, Study 5 found that when explaining support for a rival ideology, both Liberals and Conservatives downplay agential causes while emphasizing environmental ones. Taken together, these studies indicate that our explanatory preferences often reflect a powerful tendency to represent agents as possessing virtuous true selves. Consequently, situation-focused explanations often appear salient because people resist attributing negatively valenced actions to the true self. There is a person/situation distinction, but it is normative. (shrink)

Jorge Portilla argues that authentic philosophical inquiry plays a liberating function. This function is that of bringing more fully to consciousness aspects of identities or ways of being‐in‐the world that have been, up until then, tacit or opaque to the agent herself to facilitate her endorsement, rejection, or modification of these identities. For Portilla, this function facilitates greater self‐mastery by increasing the range of free variations of subjectivity available to the agent, and this increase in self‐mastery itself constitutes (...) a kind of liberation. The main goal of this article is to provide a substantive interpretation of the nature of liberation Portilla thinks is embedded in this central function of authentic philosophical inquiry. I argue that this type of liberation should be understood ultimately in terms of increases in human agency, so I label it “agential liberation.” For Portilla, agential liberation involves two central elements: (i) a type of agential flourishing central to human flourishing, and (ii) an increase in the reach of intentional action that I describe as an expansion in the arena of human agency. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I (...) examine the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

In this paper I examine the sixth century ’Rule of St. Benedict’, and argue that the authority structure of Benedictine communities as described in that document satisfies well-known principles of authority defended by Joseph Raz. This should lead us to doubt the common assumption that premodern models of authority violate the modern ideal of the autonomy of the self. I suggest that what distinguishes modern liberal authority from Benedictine authority is not the principles that justify it, but rather the (...) first-order beliefs for the sake of which authority is sought by the individual, and the degree of trust between the authority and the subject. (shrink)

This paper addresses five questions: First, what is trajectory of Western liberal ethics and politics in defining life, rights and citizenship? Second, how will neuro-remediation and other technologies change the definition of death for the brain injured and the cryonically suspended? Third, will people always have to be dead to be cryonically suspended? Fourth, how will changing technologies and definitions of identity affect the status of people revived from brain injury and cryonic suspension? I propose that Western liberal thought is (...) working towards a natural end, a “telos.” In response to a variety of biotechnologies, law and public opinion in liberal democracies will be forced to make explicit that the rights of a living thing are determined by its level of consciousness. I discuss the way that technology will force three clarifications about the value of consciousness, at the beginning, the end and boundaries of human life. Sentience and personhood will become the basis of moral concern, regardless of its media. Just as human rights have become independent of race, gender and property, rights will become independent of being a breathing human being. But even as we make this transition, the cryonically preserved are still likely to be considered dead for pragmatic reasons, albeit with gradually increasing rights as technology makes their reanimation increasingly probable. I suggest that it could be acceptable to cryonicists that the frozen continue to be defined as dead if assisted suicide can be legalized. Under a liberal assisted suicide policy cryonicists might be allowed to carry out suspension before a declaration of death, preserving the maximum amount of neural information. The gradual redefinition of life and personal identity in terms of psychological continuity will also have consequences for the legal status of the reanimated. If, due to information loss, the reanimated do not meet a threshold of psychological continuity, they may be considered new persons. Cryonicists may therefore wish to specify ahead of time whether they are still interested in being reanimated if pre-animation assessment suggests that the result will not meet the necessary threshold of continuity. Finally, I touch on the way that neural technology will fundamentally problematize the separate, autonomous self on which liberal democratic values are based, leading to a legal and political Singularity. It is this looming neural Singularity that makes the proposed liberal democratic telos a final stage in humanistic thought, before it is superceded by something radically different. (shrink)

Collective self-determination is considered to be an important political value. Many liberal political philosophers appeal to it to defend the right of states to exclude would-be newcomers. In this paper, I challenge the value of collective self-determination in the case of countries like the US, former colonial powers with a history of white supremacist immigration and citizenship policies. I argue for my claim by way of an analogy: There is no value to white neighborhoods in the US, which (...) are the result of racist attitudes and state policies, determining autonomously who should become a neighbor. In light of this commitment, defenders of the US's right to exclude would need to explain why it should be of moral value that a community whose character and composition has been shaped by white supremacy be able to determine its membership on its own terms. (shrink)

Recently, mental strength education requires to change in a way that establishes a military value system suitable for a liberal democracy while facing the need to strengthen mental strength in response to unpredictable security situations. The key to fulfilling these twofold objectives lies in the fact that there is a positive correlation between the enhancement of a soldier’s democratic awareness and intangible force. Therefore, it is of great importance to emphasize the concept of ‘citizen in uniform’ as one of the (...) central military values. However, this concept has one problem before its use in military mental strength in which the orders of the military status and the orders of the civic seem heterogeneous and even conflicting. This study aims to dissolve the internal tension of this concept through a new philosophical interpretation of citizens in uniform, freedom, people and state, thereby providing the foundation for establishing for establishing new military values and enhancement of mental force. To this end, it examines the explanation of the current curriculum regarding these concepts first and diagnoses its several problems (II). The current curriculum presents a brief explanation of the compatibility of civil rights and military obligations but does not resolve the conflict between the two. A new understanding of them is possible by introducing Hegelian insights in Philosophy of Rights (III). From Hegel's point of view, freedom is not the mere absence of coercion but a capacity for self-determination. Freedom is difficult to realize wholly at the level of an isolated individual, and it calls for an ethical community to give it a specific form. A state that is the best entity in humanity is the supreme unit that defines individual freedom and identity. Then it naturally derives that national defense is one of the supreme missions directly related to the freedom and identity of its people. A re-description of the contents of the curriculum based on these insights can conceptually resolve the aforementioned problem and even strengthen its arguments (IV). The state and the people are in a more essential correlation than previously depicted, and liberal democratic values such as freedom, human rights and welfare are proved as constitutive of a state itself. The superiority of liberal democracy, which the current textbook attempts to prove, also becomes transparent. Finally, military duties do not conceptually conflict with civil freedom but are considered as a form of it. (shrink)

Concepts of “self” and “right” in three civilizations: primarily Confucian and ancient Greek, with references to Aristotle’s medieval Christian commentators; Uses the classical Greek and Chinese traditions’ common incompatibility with modern liberal notion of “right” to explore the commonalities between them, and on that basis endeavors to connect the East to the West with a “right” that could better harmonize the self with society, right with duty, and negative with positive freedom.

This paper introduces Richard Rorty’s notion of the liberal ironist and his vision of a liberal utopia and explores the implications of these for philosophical questions concerning morality, as well as morality in general. Rorty’s assertions of the contingency of language, society and self are explored. Under the contingency of language, the figure of the ironist is defined, and Rorty’s conception of vocabularies is discussed. Under the contingency of society, Rorty’s definition of liberalism, his opposition of literary culture to (...) materialist and metaphysical culture, and his notions concerning utopian politics are discussed. Under the contingency of self, Rorty’s critique of Kantian and his appropriations of Deweyan and Freudian conceptions of morality are presented. Other key factors discussed are Rorty’s theory of the separation of the private and public spheres of life and his ideas concerning cruelty and human solidarity. In this way, a critical analysis of Rorty’s proposed balance between private, ironic doubt and public, liberal social hope is presented and assessed in terms of its merit as a system of thought suited to the needs of post-metaphysical, liberal societies. (shrink)

Alasdair MacIntyre’s work in ethics follows in the footsteps of twentieth century efforts to put the ideals of Enlightenment and modernity on trial, and his book After Virtue diagnoses a wide-spread malaise in contemporary moral discourse. As a corrective to this condition, MacIntyre offers a remedy along Aristotelian-Thomistic lines. He specifically conceives of a recovery of these lines that would allow for a common ground in moral debates which would reveal the normative and teleological character of the human good. However, (...) within these pages, I argue that MacIntyre underestimates how his moral corrective is actually a re-inscription of the Enlightenment project, and thus equally doomed to failure. I do this by sketching out three different lines. First, I present MacIntyre’s appraisal of modern moral discourse, which has long since abandoned a reliance of Aristotelian principles of ethics. Second, I outline an informative disjunction MacIntyre sets up between having to choose between a Nietzschean or an Aristotelian model of ethical action. Last, I argue that MacIntyre’s own choice, simultaneously based on, but also diverging from, Aristotle fails because his revamped account of the virtue formation so necessary for modern human flourishing leaves open a space for its development according to contingent histories and traditions, which implies an attenuated account of the virtue ethics he seeks to recover, and vindicates, rather than condemns, the Enlightenment’s attempt to liberate moral theories from its strict teleological forbears. (shrink)

This article examines the Buddhist idea of anātman, ‘no- self ’ and pudgala, ‘the person’ in relation to the notion of ‘self ’ emerging from contemporary cognitive science. The Buddhist no-self doctrine is enriched by the cognitive scientist’s understanding of the multiple facets of selfhood, or structures of experience, and the causative action of a functional self in the world. A proper understanding of the Buddhist concepts of anātman and pudgala proves critical to mindfulness-based therapeutic interventions: (...) this is as the ‘person’, as constituted by various structures of selfhood, including—the ecological, interpersonal, extended, private, narrative, relational and conceptual selves—which may be disrupted by traumatic events which disorder one’s experience of time, defence, relationality, memory, resource and agency. In the absence of this understanding, the no-self doctrine might encourage a sort of bypass, in which traumatic facets of selfhood are overlooked in the quest for spiritual liberation. With a proper understanding of the function served by the Buddhist concepts of no-self and ‘person’, psychotherapeutic work may be situated as a necessary ‘preliminary practice’ for meditative exploration of deeper transpersonal domains and soteriological goals. (shrink)

This dissertation is composed of three essays which examine the impact of financial integration and trade liberalization. Chapter I investigates the effect of financial openness on labor share of income by using four measures of the labor share of income: one unadjusted and three adjusted measures of income share which account for earnings from the self-employed workers. The author also uses both measures of capital account openness: de jure and de facto indicators. The empirical work is applied for a (...) panel dataset of 30 countries during the period of 1970 – 2013. Despite using different measurement methods of the labor share of income and financial openness, the results from all specifications support the hypothesis that financial integration leads to a decline in the labor share of income for the all countries sample. (shrink)

Goffman’s (1959) dramaturgical identity theory requires modification when theorising about presentations of self on social media. This chapter contributes to these efforts, refining a conception of digital identities by differentiating them from ‘corporatised identities’. Armed with this new distinction, I ultimately argue that social media platforms’ production of corporatised identities undermines their users’ autonomy and digital well-being. This follows from the disentanglement of several commonly conflated concepts. Firstly, I distinguish two kinds of presentation of self that I collectively (...) refer to as ‘expressions of digital identity’. These digital performances (boyd 2007) and digital artefacts (Hogan 2010) are distinct, but often confused. Secondly, I contend this confusion results in the subsequent conflation of corporatised identities – poor approximations of actual digital identities, inferred and extrapolated by algorithms from individuals’ expressions of digital identity – with digital identities proper. Finally, and to demonstrate the normative implications of these clarifications, I utilise MacKenzie’s (2014, 2019) interpretation of relational autonomy to propose that designing social media sites around the production of corporatised identities, at the expense of encouraging genuine performances of digital identities, has undermined multiple dimensions of this vital liberal value. In particular, the pluralistic range of authentic preferences that should structure flourishing human lives are being flattened and replaced by commercial, consumerist preferences. For these reasons, amongst others, I contend that digital identities should once again come to drive individuals’ actions on social media sites. Only upon doing so can individuals’ autonomy, and control over their digital identities, be rendered compatible with social media. (shrink)

The author of this paper discusses some major points vital for two classical Indian schools of philosophy: (1) a significant feature of linguistic analysis in the Yoga tradition; (2) the role of the religious practice (iśvara-pranidhana) in the search for true self-identity in Samkhya and Yoga darśanas with special reference to their gnoseological purposes; and (3) some possible readings of ‘ahamkara’ and ‘asmita’ displayed in the context of Samkhya-Yoga phenomenology and metaphysics. The collision of language and metaphysics refers to (...) the risk of paralogism caused by the common linguistic procedures making the subject define its identity within the semantic order (i.e. verbal conventions and grammatical rules) which does not reflect the actual metaphysical situation of the self, though it determines one’s self-understanding in the empirical sense. Whereas, Samkhya-Yoga aims at recognizing, reorganizing and, finally, going beyond these procedures regarded as the obstacles on the path towards self-knowledge and liberation form metaphysical ignorance. (shrink)

The paper takes as its starting point John Rawls’s claim that the social bases of self-respect is perhaps the most important primary good the distribution of which is governed by his principles of justice. There has been some debate about this claim in the literature and this debate has included important clarifications regarding the concept(s) involved. However, I think this discussion hasn’t gone deep enough and this – relative – lack of depth has or at least might have important (...) implications for our theory of distributive justice. To show this, I begin with Rawls’s admittedly sketchy remarks about the significance of self-respect in his theory. After this I briefly describe the debate that followed: what emerges here is a distinction between two kinds of self-respect. While I think this distinction is in good order, I also think and subsequently argue, building on the work of Robin Dillon and Anna Bortolan, that it only scratches the surface of the complex phenomenon of self-respect. In particular, as these authors show, the self-respect complex is, in fact, a multi-layered phenomenon and the distinction as used misses its fundamental level: basal self-respect (Dillon) or self-esteem (Bortolan). In the finishing part of the paper I discuss these two proposals to show that Bortolan’s version is the better one. All this then has clear relevance for the adjoining debate in political philosophy: all those who want to give an important role to self-respect in their theory of justice have potentially focused on the wrong target so far. This, I conclude, might well give rise to a new feminist critique of liberal egalitarian justice. (shrink)

According to recent scholarship, Kant’s "An Answer to the Question: What is Enlightenment?" and the introductory section to "The Conflict of the Faculties" are masterpieces of philosophical rhetoric. The philosophical significance of these texts lies in establishing the free public use of reason as a tool to discipline political power through pure practical reason, and the rhetorical mastery consists in presenting the free public use of reason as a means to satisfy the ruler’s pragmatic practical reason. Elaborating on this interpretation, (...) I flesh out three further aspects of the writings in question. First, I examine the four types of arguments that Kant crafts in defence of the public use of reason and show how their pragmatic practical character is fully in keeping with the foundation of politics on pure practical ideas. Second, contrasting Kant’s notion of the public use of reason with the classical liberal conception of free speech, I argue that the distinctive character of Kant’s notion of the public use of reason consists in adding to the liberal demand for freedom from state censorship the requirement of the self-discipline of the participants in the public use of reason. Third, I contend that Kant’s notion of the public use of reason goes beyond a mere non-coercive discursive procedure and conclude that, to qualify as public in the distinctive Kantian sense, publicly presented positions must uphold theoretical and moral criteria informed by critical philosophy. (shrink)

Disputes over land are the major source of conflict between Aboriginal and non-Aboriginal peoples around the globe. According to the Royal Commission on Aboriginal Peoples in Canada, land claims do not simply have to do with economic settlements. They also involve, in a critical sense, respect and recognition for cultural differences regarding culturally distinct self-understandings of land. The Commissioners argue that these disputes will never be wholly resolved unless dialogue and negotiations are "guided by one of the fundamental insights (...) from our hearings: that is, to Aboriginal peoples, land is not just a commodity; it is an inextricable part of Aboriginal identity, deeply rooted in moral and spiritual values" (1996, 430). I would contend that human rights and global justice require that, as the United Nations Charter asserts, formerly colonized peoples have a legitimate claim to pursue their social, economic and cultural interests within the boundaries of a peoples' right to self- determination. I examine a spectrum of dominant liberal theories of justice regarding cultural membership and its relationship to politics with respect to Indigenous demands for self-determination. Specifically, my purpose is to explore which position is best able to accommodate the key aspect of this demand: that they have the power to organize themselves according to their traditional views of the land and that, importantly, they have the power to promote such self-understandings in their social, legal, and political institutions. I demonstrate the manner in which many such liberal theories continue to perpetuate (at times, unwittingly) a neo-colonial agenda in which Indigenous claims would be recognized by a liberal state the degree that Indigenous tribes assimilate to European cultural self-understandings. (shrink)

In 1919, as the Crow (Apsáalooke) Nation was being forced by the federal government to allot the “surplus” lands on their reservation, tribal member Robert Yellowtail spoke before the United States Senate Committee on Indian Affairs in a speech entitled, “In Defense of The Rights of The Crow Indians and The Indians Generally.” To establish the context of the speech, a brief history of the Apsáalooke Indian nation and tribal member Robert Yellowtail will be given within the framework of United (...) States Indian policy relevant to assimilation and allotment at the time. Classical liberalism, its political philosophy of property and government, illuminates Yellowtail’s arguments through a generative rhetorical analysis. The implications of the analysis are discussed as a case study of liberal political philosophy utilized to make the case for the rights of American Indians to self-determination in a direct challenge to the dominant United States Indian policy paradigm at the time. Contrary to American founding principles, American Indians had been subjected to the same paternalizing policy strategies underlying the July 4th, 1776 rebellion of the American colonies against the British crown. Yellowtail skillfully brought these inconsistencies to light, challenging the paternal paradigm by using the key terms and concepts of classical liberal political philosophy as used by the American Founding Fathers. (shrink)

I argue that same-sex divorce presents a different kind of potential constraint to the agency of persons pursuing the dissolution of their marriage; a constraint upon one’s counterstory and the reconstitution of one’s personal identity. The dialectic within the paper mirrors the movements that I have had to make as I have sought to constitute and reconstitute myself throughout my divorce process. Beginning from a juridical perspective, I examine how the constraints on same-sex divorce present constraints on one’s agency that (...) are antithetical to the spirit of a liberal democratic conception of freedom of movement. I then explore the role of narrative in my self-(re)constitution, as well as the limits of the narrative and counterstories, when the institutional framework of the State fails to acknowledge the change in my State-sanctioned personal relationship. I end by arguing that this view from the law ignores the ways in which we relationally constitute ourselves, and in so doing covers over the harms done to persons that find themselves in a married-yet-not state of limbo. (shrink)

The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in (...) the common law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)