Citizenship is the right to be a citizen of a social, political, or national community. Aristotle was the philosopher who has been talking about citizenship since ancient times. His thoughts are still historical lessons for the operation of states today. In this article, the author focuses on analyzing basic thoughts on Aristotle's citizenship; which are shown in essential points such as (i) Citizenship is clearly shown in the role of the State, (ii) Right to education, (iii) The right to participate (...) in political affairs, (iv) Citizenship is associated with civic obligations. Thereby, the article draws its historical lesson for the current building of law-governed State in Vietnam in the following aspects: (i) Building a solid-state apparatus with a coherent and unified legal system; (ii) All the State's policies must originate from the Vietnamese practice, ensure the people's mastery and protect the people's legitimate interests; (iii) Consolidating and strengthening the relationship between the State and the people. (shrink)

I reconstruct the civic republican foundations of Eugene Debs’s socialist critique of capitalism, demonstrating how he uses a neo-roman conception of freedom to condemn waged labour. Debs is also shown to build upon this neo-roman liberty in his socialist republican objections to the plutocratic capture of the law and threats of violence faced by the labour movement. This Debsian socialist republicanism can be seen to rest on an ambitious understanding of the demands of citizen sovereignty and civic (...) solidarity. While Debs shares some of the commitments of earlier American labour republican critics of capitalism, he departs from them in his thoroughgoing commitment to common democratic ownership of productive property. His socialist republicanism remains valuable today for its ability to illuminate features of plutocratic control, judicial autocracy, and the regime of property best suited to suppressing economic domination. I conclude that Debs not only deserves a prominent place in an emerging radical republican canon but presents a distinctive contrast with many of his Marxist contemporaries and offers a compelling challenge to recent liberal, plebeian, and socialist forms of republicanism. (shrink)

Increased participation in public affairs by the U.S. Conference of Catholic Bishops during the highly contentious 2012 Presidential election has seemingly brought the traditions of Catholic social teaching and socialism into a high profile conflict. While it is clear that President Obama is not what most academics would consider a “socialist,” modern discourse still presents what I argue is a false dichotomy- one can be either endorse natural law (especially of the Catholic variety) or socialism, but not both. While (...) my goal in this article is to refute the alleged incompatibility, not to determine its historical roots, some speculation about its origin may be illuminating. Recent work on religious identity in the United States suggests that Americans largely identify Christianity with the right wing of the American culture war. Additional research is required to fully grasp where this perception comes from, but one can venture several guesses: the rise of the “Christian Right” in Republican Party politics of the late 1990s and early 2000s, the concept of “social justice” being lampooned by Right-wing talk show hosts, and decades of a Catholic Church that firmly opposed Cold War-era Soviet Communism. The contrast between left-wing and right-wing thought on social issues (same-sex marriage, abortion, etc.) is very well documented and widely discussed. Differences between leftists and natural lawyers on economic issues, however, are more often assumed than argued for. Perhaps this is a matter of “guilt by association,” with those arguing that leftist social policy is at odds with natural law simply assuming that the same must be the case with leftist economic policy as well. Thus, natural law, long tied to Christianity throughout its history, is gratuitously appropriated by right-wing political ideology. Against this claim of incompatibility, I argue that one can rationally hold both socialism and natural law to be true. In his landmark Natural Law and Natural Rights, John Finnis offers what is arguably the twentieth century’s most complete theory of natural law. I will argue that the conception of socialism laid out by G.A. Cohen in hisWhy Not Socialism? is compatible with Finnis’s account of the human goods, and that natural lawyers can therefore reasonably endorse Cohen’s prescription for socialism. (shrink)

The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to (...) elaborate the outcomes of China’s recent legal developments. This paper has two main subjects. First, it examines the nature of law and rule of law in China through the prism of different legal theories. Secondly, by arguing from different political theories, it explains the necessity of customized legal system in China for establishing a Harmonious Socialist Society. By giving different examples from contemporary China, this thesis argues that the legality of the rule of law in China ought to be understood in the context of China’s economic and social progression rather than the western legal scholarship. China’s economic progress demands a customized legal system. In our thesis, we claim that the regular upgradation of laws and introduction of constitutional amendments in China, should be recognized as important achievement which is required for the institutional innovation. Legal progression in China during last decade perfectly fit into the framework of “Socialism with Chinese Characteristics” and is very crucial for building a harmonious socialist society. It is vivid from China’s economic growth and developed international relations. Finally, this paper suggests that the Chinese legal progression can be taken as successful example of legal experimentalism. (shrink)

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become more (...) liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration. (shrink)

We know that technological developments will affect economic development which will have an impact on the level of public consumption. Law Diminishing Marginal Utility cause boredom which will comprehensively reduce one's purchasing power and interest in the commodities on the market. Capitalism and its development always try to encourage people's consumption continuously to the maximum point. Hedonism and consumerism cause financial imbalances which are a real threat to our society today. Law Diminishing Marginal Utility and followed by the application of (...) Economic Materialism Asymmetry to reduce unnecessary or philosophically form a normative framework so as not to get trapped in a destructive hedonistic cycle. These measurements are not carried out quantitatively or in a stricter context, this is intended to make it easier for the public to apply theoretical concepts from analysis to create a balance of consumption which has implications for alleviating poverty. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

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

In this article I analyse one of the most important claims of the neoliberal policy prescriptions for Central and East European states in the early 1990s, that 'communist' property should be privatised. My claim is that this neoliberal policy prescription was based on a number of false assumptions about what it was 'communist' property, and a number of false assumptions about communist law. As a result of these assumptions, the post-communist process of privatisation was plagued by a host of unintended (...) and negative consequences. Nevertheless, based on these false assumptions, the neoliberal ideology was capable to portray the privatisation as 'rights based' and essentially a democratic process. I debunk these pretenses by showing that the reality of 'communist property' was totally different than that assumed by neoliberal policies. The distinctiveness of communist arrangements of property resided not in absence of private property, which was tolerated under communism, but in the organisation of property as an administrative matter, based on unwritten operational rules. Moreover, the communist corporate law was more or less the similar with the 'western corporate' law, so a simple change of formal law would not lead to the transformation of communist property into private property. If a transformation was desired, what needed to be changed was the operational rules accordingly to which the communist property operated. However, this was a level of 'reform' totally ignored by the neoliberal policies, with the result that post privatisation these operational rules continued to apply. The result was the great enrichment of the former communist managers who were able to benefit 'privatisation' at the expense of the public, in a process which was not 'right based' or 'democratic.'. (shrink)

In the debate about Heidegger’s commitment to National Socialism is often referred to his membership in the „Committee for the Philosophy of Right“ of the „Academy for German Law“ that was founded by then „Reichsminister“ Hans Frank in 1934. Since the protocols of the Committee were destroyed and there is no relevant information in other writings, nothing can be said about the frequency and content of the meetings. It is only documented that the committee was dissolved in 1938. However, in (...) the past year the philosopher Sidonie Kellerer and the semiotician François Rastier referred to a document that, they say, proves that Heidegger was in the committee until 1941/42 and that the latter participated „in practice“ (Rastier) in the Holocaust. The said document was depicted for the first time in the above mentioned FAZ publication and will be analysed in the present essay. It is exluded in it that the document proves the continuity of the „Committee for the Philosophy of Right“ until 1941/42 or even the participation mentioned. It is rather possible to conclude in the frame of high probability that in the document were listed only the names and addresses of possible experts for the conversion of the Civil Code into a „Volksgesetzbuch“. The allegation of the committee’s participation in the Holocaust is rejected as being untenable. The publication of the article in the FAZ triggered the „Debate about Heidegger and Fake News“. In der Debatte um das Engagement des Philosophen Martin Heidegger für den Nationalsozialismus wird oft auf seine Mitgliedschaft in dem vom damaligen Reichsminister Hans Frank gegründeten „Ausschuss für Rechtsphilosophie“ innerhalb der „Akademie für Deutsches Recht“ verwiesen, der 1934 gegründet wurde. Da die Protokolle des Ausschusses zerstört wurden und auch in anderen Schriften keine diesbezüglichen Angaben zu finden sind, lässt sich nichts über die Häufigkeit und den Inhalt der Tagungen sagen. Es ist nur belegt, dass der Ausschuss 1938 offiziell aufgelöst wurde. Im vergangenen Jahr, im September 2017, referierten die Philosophin Sidonie Kellerer und der Linguist François Rastier jedoch auf ein Schriftstück, das belege, dass Heidegger bis 1941/42 in dem Ausschuss war und dieser auch „in der Praxis“ (Rastier) am Holocaust teilgenommen habe. Das Schriftstück wurde in der obigen Publikation der FAZ erstmals abgebildet und wird hier im Detail analysiert. Dabei kann begründetermaßen ausgeschlossen werden, dass das besagte Dokument den Fortbestand des „Ausschusses für Rechtsphilosophie“ oder die genannte Teilhabe belege. Nach hinreichender Analyse muss vielmehr in dem Rahmen hoher Wahrscheinlichkeit geschlossen werden, dass dort nur Namen und Adressen von potentiellen Gutachtern für die Umwandlung des BGB in ein „Volksgesetzbuch“ aufgelistet wurden. Der Vorhalt einer Teilhabe des Ausschusses am Holocaust wird als ganz unhaltbar zurückgewiesen. Die Publikation des Artikels in der FAZ löste die „Debatte über Heidegger und Fake News“ aus. (shrink)

This paper argues that the ‘scientific dispute’ between Hermann Cohen and Rudolf Stammler is symptomatic of a philosophical movement of left-wing Kant interpretations at the turn of the twentieth century. By outlining influential predecessors that shaped Cohen’s and Stammler’s thinking, I show that their Kantian justifications of socialism differ regarding their conception of law, history, and the political implications that follow from their practical philosophies. Against scholars who suggest that the Marburg School’s view on socialism was a coherent school of (...) thought, I introduce the concept of ‘left-Kantianism’ as an open term that includes a wide variety of novel socialist approaches to Kant at the time. (shrink)

Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists (...) produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately on having produced something. (A view oddly enough shared with the libertarian right, though the LTP is better support for egalitarian or socialist views; see my From Libertarianism to Egalitarianism, 18 Social Theory & Prac. 259-288 (1992).) -/- I show that the idea that Marx's objection to exploitation is based on injustice or LTP-grounded theft is mistaken. Marx's real objection to exploitation is based on unfreedom, that capitalist relations of production, he thinks, unnecessarily limit human freedom. In the first place Marx is quite clear that he vehemently rejects the concepts of justice, fairness, or rights as bourgeois ideology. It is true that he uses the language of "theft" on occasion, but either a literal interpretation of that language must be abandoned, or his consistent, life-long objection to rights- and justice talk must be given up. Second, the structure, indeed the point, of his analysis of the laws of motion of capitalism, is that capitalists make profits through exploitation of labor -- without cheating -- by the normal "legitimate" operation of the system. Other arguments make the same point. -/- The unfreedom or force-based view, though not necessarily my specific arguments advocated so far is shared by a minority of other writers, such as Nancy Holmstrom and Richard Arneson. What my paper offers that is novel, part from arguments for the foregoing that are different and better than those found elsewhere (although Holmstrom and Arneson are excellent), is an account of in detail of what Marx regards as the real problem with exploitation. -/- I analyze Marx's objection that capitalist exploitation causes unnecessary unfreedom by distinguishing and spelling out three different kinds of freedom that he invokes: classic negative freedom, or noninterference; positive freedom, understood as control over or access to the resources enabling one to exercise one's negative freedom; and "real" freedom, as he puts it, the ability to "give the law to oneself," to regulate one's own activities under rules chosen by oneself, to develop one's capacities by autonomous choice. This puts Marx in the tradition going back through Hegel and Kant to Rousseau, the first express advocate of this idea. The opposite of real freedom, the unfreedom due to lack of autonomy, is alienation. -/- I conclude by stating that I think that justice-based objections to exploitation that avoid Marx's objections to the concept are possible. I do not attempt to spell these out here. I take up that task in my subsequently published paper Relativism, Reflective Equilibrium, and Justice, 17 Legal Stud.,128-168 (1997). -/- The present paper is related to and partly overlaps with my paper In Defense of Exploitation, 11 Econ. & Phil. 49-81 (1995), a critique of John Roemer's equality based account of the nature of exploitation and its wrongness. The research and writing of this paper was financially supported by the philosophy department of The Ohio State University. -/- Keywords: Exploitation, Justice, Unjustice, Theft, Labor Theory of Property, Marx, Freedom, Unfreedom, Rights, Fairness, Critique of Justice, Negative Freedom, Positive Freedom, Real Freedom, Alienation, G.A. Cohen, Norman Geras. (shrink)

The parliamentary elections in Albania took place on 25th March 2021 and they were won by the Socialist Party. Even though elections took place during the pandemic, the pandemics itself had a minor impact on the process. With the exception of making compulsory a two-week quarantine for those entering the country and thus making it impossible for the Albanian emigrants to cast their vote, the election campaign was organized similarly with the preceding campaigns without concerns for social distancing. The (...) real change which eventually influenced the campaign was the change in the electoral law from closed to open list. For the first time, the party and the party candidates pursued different strategies. In addition to the official campaign, there was an underground campaign with vote buying and exercise of influence which aimed and achieved to transfer vote from the top of the top of the list to candidates in the middle or even lower part of the list. This made it possible to observe and understand the internal conflicts within the parties. (shrink)

Ruins are evocative structures, and we value them in different ways for the various things they mean to us. Ruins can be aesthetically appreciated, but they are also valued for their historical importance, what they symbolize to different cultures and communities, and as lucrative objects, i.e., for tourism. However, today an increasing number of ancient ruins have been damaged or completely destroyed by acts of war. In 2001 the Taliban struck a major blow to cultural heritage by blasting the Bamiyan (...) Buddhas out of existence. They were not easy to destroy. This direct targeting of cultural property might change our attitudes toward conservation practices. Francesco Bandarin, the UNESCO assistant director-general for culture, states, “Deliberate destruction has created a new context. At the time, Bamiyan was an exceptional case.” Bandarin’s comments notwithstanding, the destruction of cultural property in times of war is not new. Not only is there relatively settled international law prohibiting the looting of cultural property during times of war, we can find examples of intentional destruction of cultural property from thousands of years ago. In this paper I would like to focus on one particular case, that of the Mỹ Sơn Archaeological Sanctuary, in the Socialist Republic of Việt Nam. Mỹ Sơn is the foremost Champa archaeological site and the largest archaeological site in Việt Nam. The largest temple (kalan) at Mỹ Sơn, A1, was destroyed in a US bombing raid in 1969. In this paper I highlight different approaches to architectural cultural heritage preservation in terms of reconstruction, restoration, and ruination -- with an eye to applying these approaches to the remains of the A1 temple in Mỹ Sơn. I briefly discuss the history of Mỹ Sơn before providing some reasons to believe that we should allow A1 to ruinate. (shrink)

When political philosopher Hannah Arendt introduced the concept of ‘banality of evil’ she did so in reference to the actions of Germans who appropriated the doctrines of National Socialism “thoughtlessly” and without obvious intentions to do evil. But, Arendt’s description of this phenomenon entails that such banality can be found even in a democracy such as the USA. The relation of law and morality must therefore be unambiguous to defend the rule of law against the rule of men. However, a (...) legal philosophy other than positivism is essential to safeguard the Republic against the overreach of executive power. And, where the psychopathology of Donald Trump is at the core of America’s electoral discontent in 2020, as mental health professionals have argued, there is all the more reason to take Arendt’s counsel especially seriously today. It is in this context that it is argued here that the American public must beware Trump’s inducement of America’s banality of evil. (shrink)

Tवह लेख के पहले समूह के लिए हम कैसे व्यवहार है कि काफी सैद्धांतिक भ्रम से मुक्त है में कुछ अंतर्दृष्टि देने का प्रयास. अगले तीन समूहों में मैं एक स्थायी दुनिया को रोकने के प्रमुख भ्रम के तीन पर टिप्पणी - प्रौद्योगिकी, धर्म और pol(सहकारी समूह)। लोगों का मानना है कि समाज उनके द्वारा बचाया जा सकता है, तो मैं क्यों यह छोटे लेख और प्रसिद्ध लेखकों द्वारा हाल ही में पुस्तकों की समीक्षा के माध्यम से संभावना नहीं है (...) के रूप में पुस्तक के बाकी में कुछ सुझाव प्रदान करते हैं. अमेरिका और दुनिया अत्यधिक जनसंख्या वृद्धि से पतन की प्रक्रिया में हैं, पिछली सदी के लिए यह सबसे अधिक है और अब यह सब 3 दुनिया के लोगों की वजह से. संसाधनों की खपत और 4 अरब से अधिक ca. 2100 के अलावा औद्योगिक सभ्यता पतन औरएक चौंका देने वालापैमाने पर भुखमरी, रोग, हिंसा और युद्ध बाहर लाना होगा. अरबों मर जाएगा और परमाणु युद्ध सब कुछ है, लेकिन कुछ है। अमेरिका में यह बेहद बड़े पैमाने पर आव्रजन और आप्रवासी प्रजनन द्वारा त्वरित किया जा रहा है, डेमोcracy द्वारा संभव बनाया दुरुपयोग के साथसंयुक्त. भ्रष्ट मानव प्रकृति inexorably अपराध और गरीबी का एक दुःस्वप्न में लोकतंत्र और विविधता के सपने बदल जाता है. पतन का मूल कारण हमारे सहज मनोविज्ञान की अक्षमताको आधुनिक दुनिया के अनुकूल है, जो लोगों को unrelat एड व्यक्तियों के इलाज के लिए की ओर जाता है जैसे कि वे आमहितों था. यह, बुनियादी जीव विज्ञान और मनोविज्ञान की अज्ञानता के अलावा, आंशिक रूप से शिक्षित जो लोकतांत्रिक समाज को नियंत्रित करने के सामाजिक इंजीनियरिंग भ्रम की ओर जाता है. बहुत कम लोग समझते हैं कि अगर आप किसी और को नुकसान पहुँचाने में आपकी मदद करते हैं, तो मुफ्त दोपहर का भोजन नहीं होता और हर एक वस्तु का उपभोग करने से धरती की मरम्मत से परे नष्ट हो जाती है। नतीजतन, हर जगह सामाजिक नीतियां unsustainable हैं और स्वार्थ पर कड़े नियंत्रण के बिना एक के बाद एक सभी समाज अराजकता या तानाशाही में गिर जाएगी. नाटकीय और तत्काल परिवर्तन के बिना, वहाँ अमेरिका, या किसी भी देश है कि एक लोकतांत्रिक प्रणाली के बाद के पतन को रोकने के लिए कोई उम्मीद नहीं है. इसलिए मेरा निबंध "लोकतंत्र द्वारा आत्महत्या". अब यह भी स्पष्ट है कि चीनपर शासन करने वाले सात समाजपथ विश्व युद्ध 3 जीत रहेहैं, और इसलिए उन पर मेरा अंतिम निबंध। केवल बड़ा खतरा आर्टिफिशियल इंटेलिजेंस है जो मैं पिछले पैराग्राफ में संक्षेप पर टिप्पणी है. (shrink)

The Universal Formula: Solving the Problem of Free Will Through the Law of Balance By Angelito Malicse Introduction The problem of free will has puzzled humanity for centuries, often viewed as a philosophical or metaphysical enigma. This essay presents a universal formula that resolves this dilemma by focusing on the law of karma and the universal law of balance. It explores the interconnectedness of systems, the critical role of accurate knowledge, and the evolution of emotions in maintaining harmony. By examining (...) real-world examples such as overpopulation, environmental degradation, economic instability, and the flaws of capitalism, this essay demonstrates how the universal formula can guide human decision-making to achieve a balanced and sustainable world. The Law of Karma: Systems and Balance The universal formula begins with the law of karma, which extends beyond cause and effect to encompass the integrity of systems, both natural and man-made. Every system—whether ecological, social, or economic—operates according to the universal law of balance. When imbalances arise, the system becomes dysfunctional, leading to adverse consequences. For example, while humans sit at the top of the food chain, the Earth's ecosystem cannot sustain unchecked overpopulation of our species. Overpopulation leads to the destruction of natural resources as humans consume everything, including plants, animals, and even insects. This voracious consumption damages ecosystems, accelerates deforestation, depletes biodiversity, and disrupts the delicate balance of the natural world. To ensure the sustainability of life on Earth, it is crucial to regulate population growth, conserve natural resources, and refrain from exploiting all animals on land and in the sea. By preserving biodiversity and maintaining the integrity of ecosystems, we protect the foundation of life that supports all species, including humans. Free Will and the Dependence on Correct Knowledge Human free will is not an autonomous force but is entirely dependent on correct knowledge and information. Errors in decision-making, often caused by ignorance, false beliefs, and distorted theories, disrupt the balance of systems. For instance, the failure to regulate overpopulation creates cascading problems, including climate change, pollution, and resource depletion. Without accurate knowledge about the consequences of overpopulation, individuals and societies continue to make decisions that exacerbate these imbalances. Education and government policy play vital roles in addressing these issues. Policies that promote population regulation can maintain a sustainable economy, while education fosters awareness of the need to protect ecosystems and biodiversity. Correct information empowers individuals to make decisions that align with the universal law of balance, preventing errors that destabilize systems. The Flaws of Capitalism and the Need for Balance The efficiency of the capitalistic system increases over time, leading to significant flaws if left unchecked. Private companies continually strive to reduce overhead and operating expenses, often by automating processes and replacing human labor with robotics. While this enhances profitability, it also reduces employment opportunities, suppresses wages, and widens income inequality. These principles, central to the management strategies of most private companies, create systemic imbalances in the economy. The solution lies in adopting a mixed economic system that counterbalances the excesses of capitalism with socialist principles. Governments must play a pivotal role in addressing these imbalances by implementing the following measures: Creating High-Salary Government Jobs: These jobs provide stable income and stimulate local economies. Providing Unemployment Benefits or Universal Basic Income (UBI): These measures ensure that individuals who lose jobs due to automation and efficiency gains still have the purchasing power to meet their needs. Offering Free Healthcare and Education: These fundamental services reduce the financial burden on families, enabling them to invest in other areas of life. Promoting Government Spending: By investing in infrastructure, renewable energy, and public services, governments can create new jobs and maintain the flow of money in the economy. Government spending serves as a balancing mechanism by injecting funds into the economy, which in turn supports private companies through increased consumer demand. This feedback loop creates private-sector jobs, stabilizes the economy, and ensures a balanced flow of resources between public and private sectors. The Role of Emotions in Balancing Systems Human emotions, both positive and negative, serve as essential feedback mechanisms for maintaining balance. Positive emotions, such as love and joy, encourage cooperative behavior and strengthen familial and social bonds. Negative emotions, such as fear and anger, signal imbalances that require corrective action. For example, the unconditional love within a family fosters a nurturing environment that supports the emotional and psychological development of children. This foundation contributes to a high-quality next generation of parents, capable of fostering further generational improvement. Conversely, the absence of such love or a dysfunctional family structure often leads to crime, substance abuse, and other societal problems. These negative outcomes are the effects of systemic imbalances, whether caused by poor parenting, economic hardship, or the lack of a government safety net. Addressing Environmental and Social Imbalances The universal formula underscores the importance of a holistic education system in addressing systemic imbalances. Education must instill values such as cleanliness, discipline, ethics, and good manners while fostering a respect for nature. Teaching children the importance of not harming wildlife and preserving ecosystems is critical to protecting biodiversity and ensuring a harmonious coexistence with other species. Government policies also play a crucial role. Regulations that protect natural resources, reduce pollution, and promote renewable energy can prevent environmental degradation. Policies that provide social safety nets can alleviate poverty and reduce crime by addressing the root causes of economic and social imbalance. The Importance of Holistic Systems Thinking The universal formula emphasizes the interconnectedness of systems, demonstrating that imbalances in one area often ripple through others. For instance, a lack of holistic education contributes to ignorance, which leads to poor decision-making. This, in turn, exacerbates issues such as overpopulation, resource depletion, and social unrest. Producing a high-quality young generation requires a combination of good parenting, access to education, and supportive government policies. By fostering an environment that values balance, discipline, and ethics, societies can produce individuals capable of making decisions that align with the universal law of balance. Conclusion The universal formula offers a comprehensive solution to the problem of free will by integrating the law of karma, the universal law of balance, and the evolutionary role of emotions. By understanding and addressing the root causes of imbalance—whether environmental, social, or economic—humanity can achieve harmony within and across systems. Real-world examples, such as overpopulation, economic instability, environmental destruction, and the flaws of capitalism, highlight the urgent need to apply this formula. Through holistic education, informed policies, and an unwavering commitment to balance, individuals and societies can prevent errors, correct existing imbalances, and create a sustainable and harmonious future. The time to act is now. By embracing the universal formula, humanity can unlock the full potential of free will, ensuring a balanced and equitable world for generations to come. ---. (shrink)

Many anthropologists interpret neoliberalism as a radical break from and dangerous rupture in post-war societies that featured Keynesian economic policies and welfare provision. The allure of a mythic welfare state has boosted John Maynard Keynes’s popularity to many who embrace certain facets of socialism. Many critical social scientists have embraced Keynesianism in ways that overlook how the US used Keynesian policies to reengineer and redeploy state power. Keynes’s liberal synthesis inspired managers in the US Treasury Department to understand depression-era problems (...) of unemployment and poverty in ways that were consonant with the expansion of corporate power. For understanding Keynesianism, as it actually existed during the Cold War, we must analyse how the US Treasury and State Departments used Keynesian principles to rebuild the social reproductive capacities necessary for capitalist accumulation both domestically and in Western Europe. I focus on how the architects of postwar capitalism used full employment policies, labour laws and welfare provision to renovate the nexus of political practices and institutional structures in ways that formed a benevolent and caring image of ‘the state’ and the myth of a class compromise. Through these reforms, governmental planners and administrators used the ‘state idea’ to reorganize capital accumulation as if the post-war economy would represent ordinary people’s best interests. In the process, these sophisticated practices of power became reified as the ‘welfare state’ and the ‘Keynesian compromise’ in ways that endow these institutions and policies with a character divorced from practices of power. The post-war state embodied a dialectic of repression and reform that combined criminalizing dissent with full employment policies and welfare provision. Taking these aspects of power into account, we can see post-war Keynesianism in ways that inspire a robust and far-reaching criticism of the contemporary predicament of economic uncertainty, political instability and environmental degradation. (shrink)

This book offers a distinctive treatment of Hayek's ideas as a "research program". It presents a detailed account of aspects of Hayek's intellectual development and of problems that arise within his work, and then offers some broad suggestions as to ways in which the program initiated in his work might be developed further. The book discusses how Popper and Lakatos' ideas about "research programs" might be applied within political theory. There then follows a distinctive presentation of Hayek's intellectual development up (...) to The Road to Serfdom, together with critical engagement with his later ideas. The discussion draws on a full range of his writings, makes use of some neglected earlier work on social theory and law, and also draws on archival material. This book should appeal to anyone with an interest in Hayek's work, as well as to those with a concern for twentieth century intellectual history. (shrink)

This paper aims to show how the legacy of socialism with a human face represents a far more serious obstacle for the postsocialist transition than the heritage of rigid socialism. This is because an amalgamation of the perception of the autochthonous character of socialism accompanied by the perception of its soft, human face, creates an anti-capitalist mentality (Ludwig von Mises) that leaves an enormous impact on the long-term understandings of the concepts of individual, society, state, and reforms. This sort of (...) mentality is deeply entrenched in Serbia, where a full-scale process of “debolshevization” has never been initiated. The continuity with socialist legacy is apparent in key segments of the ill-fated transition: political, institutional, economic, symbolical, and no less moral. (shrink)

Hermann Cohen agreed with Immanuel Kant that ethics must be directed towards the well-being of humanity. The essential feature of this is its universality. As Cohen saw it, progress was (or at least ought to be) moving towards universal suffrage and democratic socialism. Following Kant, Cohen defended the so-called categorical imperative; that we should treat humanity in other persons always as an end and never as a means only. (Kant’s famous definition of the categorical imperative is to “act only according (...) to that maxim whereby you can, at the same time, will that it should become a universal law.”). (shrink)

Agonism as a political theory emphasizes the ontological aspect of conflict in human political interaction. This article aims to shed light on the political practice of agonism – and in doing so on its limits – by viewing 'crisis discourse' as an agonistic political practice. As my analysis of the Dutch Socialist Party and the Freedom Party’s speech in the European Sovereign Debt Crisis shows, crisis discourse aimed to (re)create a ‘people’ and to justify radical change in economic and (...) social structures. Crisis discourse is employed to construct an 'other' that can be based on ethnic and nationalist terms and to justify retroactive application of the law and the stripping of Dutch citizens of their rights. This attention to crisis discourse as an agonistic political practice highlights an unease within agonism itself: where must the agonist accepts limits to the conflict and contestation she so values? The article starts with Chantal Mouffe's answer to this question - her insistence that legitimate conflict must always recognize the shared values of equality and liberty - and proceeds to show that Mouffe's view unnecessarily relies on a deliberative democratic desire for consensus. Other than Mouffe, I draw on Honig’s emphasis of perpetual contestation to propose that the issue of limits can be best answered by reference to the core of agonistic thought: the preservation of the struggle over political norms and processes. It is not shared values or even a shared political space that matters, but that the political space of the ‘people’ – however contested membership therein might be – remains a place that the 'other' can re-enter. (shrink)

According to Warriner (1969) a simple way of defining land reforms is to name it “the redistribution of property or rights in land for the benefit of the landless, tenants and farm labourers”. Land reforms are mainly characterised by the government’s change of laws, regulations or customs regarding land ownership. Land reforms deal with the government in power distributing property which is in most times agricultural land. In some instances it also involves the distribution of land from the more powerful (...) or wealthy group of people such as nobles and bourgeoisie and giving potions of the land to the less powerful in society especially during the start of the post-colonial error in most countries in Southern Africa. During the pre-colonial period, land or pieces of land belonged to different ethnic groups, clans and lineages but now in the post-colonial land reform programs were to introduce individual ownership of land. There are many reasons why the government (both colonial and post-colonial) embark on land reforms and some of the factors influencing them include political reasons such promoting communism or socialism, social reasons such as separating the blacks from the whites and creating social stratification and economic reasons such as facilitating private investments and raising the country’s economic growth of the agricultural sector just but to mention a few reasons. Though some of the government’s reasons to embark on land reforms appear to be noble, local communities refuse these land reforms since they create social stratifications, at times increase poverty, destroy the matrilineal societies and are more political in nature rather than a means to better the people’s lives especially during the colonial error. The essay below will vividly portray why the government embarks on land reform programs and why local people resist these reforms using examples from both colonial and post-colonial Southern African countries. (shrink)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

This research explores the “ History of Vietnamese Vocational Educational and Training (VET) since 1954”. It provides policymakers, educators, and administrators with a review of Vietnam’s VET models through three significant periods, 1954 to 1975, 1976 to 1985, and 1986 to the present. The research was conducted at 13 vocational schools of 13 provinces and cities in Vietnam. Data were collected from documentary and interview data. Participants were former and current MOLISA policymakers and managers, current and former DOLISA officials, former (...) and current principals and head teachers of vocational schools from 13 provinces and cities of Vietnam. They were selected using the snowball method, where initial participants recommend the potential subsequent participants. Findings show that the informal VET model originating from the ancient past in the form of the traditional vocational village undeveloped to establish the formal VET model in Vietnam. It was not until the beginning of the 19th century when the French invaded Vietnam and set up the first vocational school system, that the formal VET model was formed. Since 1954 Vietnamese VET has experienced three different models. From 1955 to 1975 Vietnam was divided into two different political areas: in South Vietnam, the VET system was based on the French VET model. Whereas, the VET system of North Vietnam followed the model of the Union of Soviet Socialist Republic (USSR). After Vietnam was unified in 1975, the VET model of North Vietnam was applied across the country and the VET model of South Vietnam was replaced. Since 1986, the Vietnamese government has implemented a Doi Moi policy (the renewal policy), and the Vietnamese VET system has transferred from the USSR’s VET model to the German dual model. -/- The Vietnam government has been faced challenges in implementing this model. Findings show that these challenges partially came from the history of the Vietnamese VET development. It was not until 1969 when the Vietnamese government established the General Department of Technical Workers Training (GDTWT) to design and manage the VET system, that the public VET system in Vietnam was officially founded. During the period of 1975 to 1986, under the support of the USSR, the Vietnamese VET system was influenced by the USSR’s VET style, which was subsidised and attached to the plans of the state economy. Although the Vietnamese government implemented a Doi Moi policy (the renewal policy) in 1986, which transitioned from a subsidised to market economy, the VET system was not reformed to meet the demands of market economy. It was not until 1991, the Vietnamese government VET policies aimed to modernise its VET system to meet the needs of a market economy. It was further delayed until 2006 when the law of VET was issued, and the public VET system in Vietnam was standardised. Since 2016, to modernise the VET system, the Vietnamese government has cooperated with the Australian government to develop a dual model in Vietnam. This study provides an overall look of Vietnamese VET development through its three historical periods, 1954 to 1975, 1976 to 1985, 1986 to the present. (shrink)

The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...) somehow depends on our actions, our freedom is still threatened. This paper defends the dependence solution, first, by offering an error theory for the intuitions that drive Cyr’s case and, second, by pointing out some arguably mysterious implications of accepting those intuitions. These points taken in conjunction show that Cyr’s case, although quite fascinating, is not as challenging as it might at first seem. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (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)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

From artistic performances in the visual arts and in music to motor control in gymnastics, from tool use to chess and language, humans excel in a variety of skills. On the plausible assumption that skillful behavior is a visible manifestation of intelligence, a theory of intelligence—whether human or not—should be informed by a theory of skills. More controversial is the question as to whether, in order to theorize about intelligence, we should study certain skills in particular. My target is the (...) view that only a particular class/kind of skill (i.e., ‘theoretical’, or ‘intellectual’ skills, versus ‘practical’, or ‘embodied’ skills) manifests intelligence, or especially does so. I call this view ‘Intelligence Elitism’. Intelligence Elitism is pervasive in popular culture, in academic culture, as well as in psychometrics. It has, arguably, a long pedigree in philosophy (though explicit arguments for it are rare). But it is a substantive view which, if false, can promote unfairness. In this article, I defend Intelligence Socialism—the claim that intelligent behavior is everywhere skillful behavior is. I go on to isolate the best case for the further Elitist claim that, even if all skillful behavior is intelligent in some modest sense of ‘intelligence’, there is a principled difference in intelligence between theoretical, or intellectual, skills, on one side, and practical, or embodied skills, on the other, and I show it wanting. (shrink)

This paper offers an exploration of the socialist principle “From each according to their abilities, to each according to their needs.” The Abilities/Needs Principle is arguably the ethical heart of socialism but, surprisingly, has received almost no attention by political philosophers. I propose an interpretation of the principle and argue that it involves appealing ideas of solidarity, fair reciprocity, recognition of individual differences, and meaningful work. The paper proceeds as follows. First, I analyze Marx’s formulation of the Abilities/Needs Principle. (...) Second, I identify the principle’s initial plausibility, but show that it faces serious problems that cannot be addressed without developing a fresh interpretation of it. Third, I provide an interpretation of the principle that highlights demands concerning opportunities for self-realization in work, positive duties of solidarity, sensitivity to individual differences, and mechanisms of fair reciprocity. Fourth, I discuss a possible institutional implementation of the Abilities/Needs Principle. Finally, I identify some normative puzzles about the transition from capitalism to socialism, and suggest how the Abilities/Needs Principle might gain motivational traction by mobilizing the powerful idea of human dignity. (shrink)

This paper presents a critique of left republican writings from a non-republican socialist standpoint. It examines three claims that have been advanced by left republican authors: that workers are dominated 1) by their lack of access to the means of production; 2) by the market; and 3) by their employer. With regard to 1) and 2), it argues that alternative conceptions of freedom can identify the unfreedom in question, and that there are good reasons for pressing these complaints on (...) the basis of these alternative conceptions. With regard to 3), it argues that, while alternative conceptions of freedom may be able to identify the unfreedom in question, republican freedom provides a more suitable basis for pressing this claim. It concludes that while left republicans have shown that socialists have reason to care about republican freedom, they have not shown that socialists should adopt republican freedom at the expense of other conceptions of freedom. (shrink)

Is “liberal socialism” an oxymoron? Not quite, but I will demonstrate here that it is a much more unstable and uncommon hybrid than scholars had previously thought and that almost all liberals should reject socialism, even in its most attractive form. More specifically, I will show that three leading varieties of liberalism—neutralist, plural-perfectionist, and deliberative-democratic—are incompatible with even a moderate form of socialism, viz., associational market socialism. My paper will also cast grave doubt on Rawls’s belief that justice as fairness (...) is consistent with liberal socialism. (shrink)

Socialists have historically thought a lot about the catastrophic risks society faces. Today many DSA chapters have gotten involved in mutual aid to respond to the Covid crisis, generating a debate about how mutual aid fits into socialist work. One form of community engagement that is likely to be increasingly necessary, and is an opportunity for radicalizing angry neighbors, is disaster preparedness. While the prepper subculture is perceived as right-wing, and parts are tied into the militia movement, there are (...) also opportunities for progressive organizations to work with FEMA and local governments. This essay discusses distinctive socialist perspectives on disasters past and future and gives examples of strategic ways socialists can help build disaster-resilient communities. (shrink)

This thesis finds that individuals from North Vietnam have lower entrepreneurship intentions, are less likely to enroll in entrepreneurship education programs, and display lower likelihood to take over an existing business, compared to those from the South of Vietnam. These findings indicate the enduring influence of historical and institutional arrangements on entrepreneurship outcomes. The long-lasting effect of formerly socialist institutions on entrepreneurship is apparently deeper than previously discovered in the prominent case of East-West Germany and East-West Europe as well.

Mill’s socialism and democratic theory have led some scholars to accuse him of trying to eliminate conflict from political life. Whereas Graeme Duncan has averred that Mill’s socialism aims to institute a completely harmonious society, James Fitzjames Stephen has contended that Millian democracy sought to evacuate conflict from political discussion. This article reconstructs both critiques and argues they are imprecise. Even if disputes motivated by redistribution of material goods would no longer exist in an egalitarian society, conflicts driven by resentment (...) over social reputation would keep the flame of conflict burning in a Millian socialist community. Moreover, a close reading of Considerations on Representative Government shows that Mill knew that no amount of political discussion is able to make conflicting opinions disappear. According to him, conflict is unavoidable in democratic politics because citizens analyse political issues from different social perspectives. Mill’s goal was not to eliminate conflict, but rather to regulate it in such a way as to bring about its attendant benefits, namely, progress and self-development. (shrink)

Socialism is a political ideology that proposes that the state should control the means of production to manage a planned economy. The possibility of realizing this thesis has been debated throughout the 20th century. The Fourth Industrial Revolution (4IR) includes technologies such as artificial intelligence or big data that could reopen the debate through the formulation of new digital models of planned economy. This qualitative research presents some theoretical models proposed in academia to update socialism in the 4IR. It describes (...) six new theoretical forms of digital socialism: Platform Economy, Socialist Feedback Infrastructure, Algorithmic Central Planning, Cyber-Communism, Fully Automated Luxury Communism (FALC), and Open Loop In Natura Economic Planning. The study concludes that the study of political ideologies and the debate about the future of society would benefit from further analysis of these models. (shrink)

This book develops the law of political economy as a new field of scholarly enquiry. Bringing together an exceptional group of scholars, it provides a novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts. Its chapters reconstruct how the law of political economy plays out in diverse but central fields, ranging from competition and consumer protection law to labour (...) and environmental law, giving a comprehensive overview of the central challenges of the law of political economy. It also provides a sophisticated and multifaceted framework for further enquires while outlining the contours of new law of political economy. (shrink)

The aim of this chapter is to clarify the meaning and the use of the concept of relativism in the context of National Socialism (NS). This chapter analyzes three aspects of the connection between relativism and NS: The first part examines the critical reproach that NS is a form of relativism. I analyze and criticize the common core of this widespread argument, which is developed in varying contexts, was held in different times, and is still shared by several authors. The (...) second part investigates the ideological debate among Nazi philosophers themselves concerning whether NS is indeed a form of relativism. I focus on the epistemological consequences of Nazi anthropology and analyze both its relativistic tendencies and the strategies used to reject relativism. In contrast to the received view, I argue that Nazi philosophers attempted to overcome both absolutism and relativism. The third part investigates the academic debate on relativism during NS, using the example of the prize question on relativism that was announced by the Prussian Academy of Science in 1936. By examining the academic approaches to the problem of relativism, I also address the question of how broader philosophical debates were related to the core of Nazi ideology. Academic philosophers took the self-understanding of Nazi philosophers seriously. They saw the shared aim of overcoming relativism as an opportunity to collaborate with NS. The brief conclusion summarizes the findings of the chapter. I conclude that, in the context of NS, critics, ideologists, and academics understand and use the concept of relativism in the same way. (shrink)

The notion of ecological civilisation has become central to Chinese efforts to confront and deal with environmental problems. However, ecological civilisation is characterized by its proponents in different ways. Some see it as simply an adjunct to the existing system designed to deal with current ecological crises. Its more radical proponents argue for a socialist ecological civilisation that should be developed globally and transform every part of society, changing the way people perceive, live and relate to each other and (...) to nature, and the goals they aspire to. Ecological civilisation is a translation of the Russian notion of ecological culture, and tracing the history of ecology and the concept of culture in the Soviet Union, particularly in the 1920s, I will support this more radical view, arguing that ecological civilisation is not only underpinned by eco-socialism; it provides the means to clarify the meaning of socialism generally in a way that accords with deep assumptions of Marx’s critique of capitalism. That this notion has been officially embraced within China establishes a tradition of socialist thought that now has the potential to challenge and replace global capitalism. (shrink)

This paper offers an account of human dignity based on a discussion of Kant's moral and political philosophy and then shows its relevance for articulating and developing in a fresh way some normative dimensions of Marx’s critique of capitalism as involving exploitation, domination, and alienation, and the view of socialism as involving a combination of freedom and solidarity. What is advanced here is not Kant’s own conception of dignity, but an account that partly builds on that conception and partly criticizes (...) it. The same is the case with the account of socialism in relation to Marx’s work. As articulated, Kantian dignity and Marxian socialism turn out to be quite appealing and mutually supportive. (shrink)

This chapter describes the process of institutionalization of natural law at the University of Pisa, essential to interpreting the conditions in which the first public law chair of Italy was founded. The study of legal education in the late seventeenth and early eighteenth century will allow a more in-depth understanding of both the development of natural law in teaching practice throughout the long eighteenth century, and the features of the two processes of reception, respectively for educational and political purposes. In (...) fact, although both processes were founded on appreciation of the centrality of Roman law and philosophy in the construction of doctrines by the so-called ‘modern natural law school’, and developed through mediation of traditional Roman legal culture of the Pisan ‘historical-critical school’, there were some differences. In this initial phase, the didactic reception was indirect, although not entirely implicit, whereas the political reception was direct and explicit. (shrink)

Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light on (...) how our ethical ideals and ideas of natural order can still be valuably integrated. Early modern intellectualists valued the law-governed order of nature as a sign of divine Reason. In turn, Reason traditionally ascribed to God has now been partly reclaimed for humans, reframing the value of natural order anthropocentrically, in terms of the value of our own intelligence. Alternatively, Reason may be reclaimed for nature itself, as in an ‘objective’ idealism or metaphysical rationalism. However, beyond divine Reason, an influential voluntarist tradition in theology stressed a connection between laws of nature and God’s Power or free Will. Tracking how divine Power has been reinvested in human beings provides a broader context for instrumentalism and related lineages of empiricism. But secularization can also transfer Power from God to the impersonal natural world. In this light, current scientific interest in lawlike order may also reflect the inherent value of brute necessity or inhuman causal power in nature: this is a deeper way to reject anthropocentrism and to show our respect for the environment. (shrink)