In this paper, I offer an original interpretation of Marx's conception of unalienated labor, which I frame as a response to Aristotle's view of work, or technē. Both Aristotle and Marx share a particular conception of freedom as “normative self-determination,” according to which an activity is free insofar as it does not depend for its value on externally valuable things. For instance, when my activity is a mere means for satisfying some need separate from it, it comes to (...) depend for its value on the externally valuable effect—the “needs-meeting”—it achieves. Or, when my activity is only causally—but not normatively—enabled by the cooperative contributions of others, it comes to depend for its value on those externally valuable contributions. On Aristotle's view, work is unleisurely (ascholos) and servile (doulos) because it is normatively dependent in both of these ways. For Marx, by contrast, work possesses the capacity to “internalize” these external determinants of its value. Unalienated work does this, first, by satisfying “internal” needs, or needs whose satisfaction does not constitute a normatively external effect of the work that satisfies them. The satisfaction of internal needs is valuable because of the manner or way in which they are satisfied. Second, unalienated work would not only be causally, but also normatively, enabled by the contributions of others, in that those contributions would help to make it the distinctively valuable act that it is. Unalienated work would be valuable because, and not despite, its cooperative character. In both of these respects, then, cooperation is essential to make work fully free. (shrink)

An analysis of our commonsense concept of freedom yields two “minimal criteria”: Autonomy distinguishes freedom from compulsion; Authorship distinguishes freedom from chance. Translating freedom into “self-determination” can account for both criteria. Self-determination is understood as determination by “personal-preferences” which are constitutive for a person. Freedom and determinism are therefore compatible; the crucial question is not whether an action is determined at all but, rather, whether it is determined by personal preferences. This account (...) can do justice to the most important intuitions concerning freedom, including the ability to do otherwise. Waiving determination, by contrast, would violate the minimal criteria rather than providing “more” freedom. It is concluded that self-determination provides everything that we can ask for if we ask for freedom. (shrink)

Michael Pauen defends the compatibility of freedom and determinism by way of strengthening the principle of authorship and interpreting the principle of alternative possibilities in terms of determinism. Authorship is said to be incompatible with indeterminism because the latter is unable to grasp the connection between the mental content of an agent and her action in a non-fortuitous way. Apart from authorship, there is a second minimal criterion which, according to our common sense view of freedom, must be (...) met, namely autonomy. Authorship requires absence of pure chance,autonomy requires absence of compulsion. In course of specifying his idea of self-determination, the author examines current arguments against compatibilism. The paper sets in with a terse introduction which nicely formulates the issue and, among other things, rightly stresses that every theory of self-determination depends on some idea of the self which has to be made explicit. (shrink)

Abstract:Bipolar or related disorders (BoRD) present unique practical and existential problems for people who live with them. All agents experience changes in the things they care about over time. However people living with BoRD face drastic shifts in what seems valuable to them, which upset their longitudinal values (if, indeed, any stable longitudinal values are available in the first place). Navigating these evaluative high seas presents agents living with BoRD with a distinctive existential question, not shared by those on calmer (...) waters. I draw out two contrasting ways in which someone living with BoRD might seek to support their self-determination in these circumstances, by crafting appropriate self care and support regimes. The first strategy involves managing one’s affective episodes so that they do not interrupt one’s plans and long-term agency over time. The second involves a regimen that allows one the greatest degree of freedom in adapting to changes in one’s experiences of value. What distinguishes these sorts of self-determination is the scope at which they are predicated. Although both sorts of self-determination allow an individual to rule themselves, they alter the overall shape of one’s autonomy in quite different ways. (shrink)

Abstract:While self-determination is a cardinal principle of international law, its meaning is often obscure. Yet international law clearly recognizes decolonization as a central application of the principle. Most ordinary people also agree that the liberation of colonial peoples was a moral triumph. This essay examines three philosophical theories of self-determination’s value, and asks which one best captures the reasons why decolonization was morally required. The instrumentalist theory holds that decolonization was required because subject peoples were unjustly governed, the (...) democratic view holds that decolonization was required because subject peoples lacked democratic representation, and the associative view holds that decolonization was required because subject peoples were unable to affirm the political institutions their colonial rulers imposed on them. I argue that the associative view is superior to competing accounts, because it better reflects individuals’ “maker” interests in participating in shared political projects that they value. The essay further shows that if we accept the associative view, self-determination is not a sui generis value that applies to decolonization alone. Ultimately, our intuitions about decolonization can be justified only by invoking an interest on the part of persistently alienated groups in redrawing political boundaries. The same interest may justify self-determination in additional cases, such as autonomy for indigenous peoples, or greater independence for Scotland or Quebec. (shrink)

Offers an interpretation of the core conception of freedom found in Hegel's social and political philosophy. It argues that to an extent that is sometimes underestimated in the secondary literature Hegel follows Kant in conceptualizing freedom as rational self‐determination. Through a study of Hegel's claim that there is an opposition between freedom and authority, the chapter explains why freedom is associated with rational self‐determination and it considers and responds to various standard objections against understanding (...) freedom in this way. (shrink)

The ethical problem of privacy lies at the core of computer ethics and cyber ethics discussions. The extensive use of personal data in digital networks poses a serious threat to the user’s right of privacy not only at the level of a user’s data integrity and security but also at the level of a user’s identity and freedom. In normative ethical theory the need for an informational self-deterministic approach of privacy is stressed with greater emphasis on the control over (...) personal data. However, scant attention has been paid on a virtue ethics approach of information privacy. Plotinus’ discussion of self-determination is related to ethical virtue, human freedom and intellectual autonomy. The Plotinian virtue ethics approach of self-determination is not primarily related to the sphere of moral action, but to the quality of the self prior to moral practice. In this paper, it is argued that the problem of information privacy should be reconsidered in the light of Plotinus’ virtue ethics and his notion of self-determination. (shrink)

The aim of this essay is to examine the long-term evolution of the material reproductive vehicles of society. The fairly continuous trend of economic integration and progressive enfranchisement of the world’s people is indicated, ascertainable even with the emergence from general slavery of ancient times, through feudalism to the modern stage of industrialism and widespread national sovereignties. With greater political expression has come higher degrees and penetration of economic prosperity. Both vicious and virtuous tendencies of automation are considered. The necessary (...) foundation of living labor is recognized. (shrink)

A unique synthesis of the contemporary, Anglo-American philosophical approach with an abiding concern for classical philosophical problems. This book seeks to clarify the precise structure of self-consciousness and self-determination and elucidates their significance for our philosophical understanding of self-knowledge and human agency.The analysis challenges traditional models of theoretical self-knowledge and practical self-relation and elaborates an account of rationally grounded responsibility that jointly fulfills the demands of autonomy and authenticity.Tugendhat's study is a unique synthesis of the contemporary Anglo-American philosophical approach (...) with an abiding concern for classical philosophical problems. It brings the methods of linguistic analysis to bear on such epistemological, moral, and metaphysical issues as the meaning and interconnections of self-knowledge, ego identity, rational self-understanding, and freedom of the will. In this context, the views of Wittgenstein, Heidegger, Mead, and Hegel are searchingly examined. The philosophical testimony of Kierkegaard, Freud, Habermas, and others is also presented and weighed. Self-Consciousness and Self-Determination is based on a series of lectures given at Heidelberg. The book is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions and show that (...) each of these arguments fails. My conclusion is that the nature and value of self-determination have to do with the conditions of genuine self-government, not membership of political society. Consequently, the demand for open borders is fully consistent with respect to self-determination. (shrink)

This dissertation provides a systematic analysis of when an individual or group has a right to secede that is grounded in self-determination. Since the primary question in a secessionist conflict concerns the territory being contested, any analysis of the right to secede must provide an account of what grounds the existing state's claim to political jurisdiction over its territory. With this in mind, I examine consent and teleological justifications for the state and find both inadequate. ;The consent account posits (...) that a political state is justified just in case it has the consent of its citizens. I reject the consent approach for its unacceptable implication that unlimited secession is permissible from all existing states. I then suggest that our disinclination to allow unlimited secession is instructive since it indicates not only that we believe a consentual justification is morally unnecessary, but also that a state is justified in virtue of the peace it secures and the rights it protects. This teleological justification ultimately proves inadequate as well, however, because it both restricts secessionist movements that seem permissible and allows coercive annexations that appear clearly unjustified. ;As an alternative to these extremes, I propose a hybrid model of political legitimacy. According to my theory, while individuals and small groups may not secede, a larger group may, provided it is of sufficient size to satisfactorily perform the functions that are necessary for a state to ground its claim to territory. Thus I conclude a political state should limit political liberty in a manner analogous to the way it legitimately limits the liberty to drive a car. Specifically, since many people would be harmed if there were no legal restrictions on who could drive, states institute age and health requirements limiting who may drive. Citizens not eliminated by these standards must also demonstrate a minimum threshold of competence by passing tests. In similar fashion, a state may initially restrict the right to secede to groups of a specific size, and then further require that interested parties demonstrate their ability and willingness to govern in a stable, efficient, and liberal manner. (shrink)

Gillian Brock’s compelling and richly textured new book aims to set out a human-rights-based framework for thinking about justice in migration. There is much to celebrate in these chapters, not least Brock’s masterful effort at weaving together her basic justificatory framework with real-world political concerns. In this article, I query the focus she places on self-determination in setting out the basic normative argument elaborated in Chapters 2, 3, and 9. In particular, I will wonder whether she gives the collective (...) self-determination of a people anything more than instrumental value, and so whether she is able to distance herself from so-called proponents of “open borders”. (shrink)

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

Ernst Tugendhat's study is a unique synthesis of the contemporary, Anglo-American philosophical approach with an abiding concern for classical philosophical problems. It brings the methods of linguistic analysis to bear on such epistemological, moral, and metaphysical issues as the meaning and interconnections of self knowledge, ego identity, rational self-understanding, and freedom of the will. In this context the views of Wittgenstein, Heidegger, Mead, and Hegel are searchingly examined. The philosophical testimony of Kierkegaard, Freud, Habermas, and others is also presented (...) and weighed.Ernst Tugendhat is Professor of Philosophy at the Freie Universitat in Berlin. Self Consciousness and Self-Determination is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

This chapter defends the principle of collective self-determination as a second principle of natural resource justice. This defence emerges from consideration of the principle of natural resource sovereignty, which appears to be a candidate for agreement from the perspective of Contractualist Common Ownership. The responsible stewardship defence of resource sovereignty is rejected. The collective self-determination defence, however, is shown to get something right. Parties to the original position would indeed accept a principle according to which resource rights must (...) support political communities in the legitimate exercise of collective self-determination, because such self-determination promises to further individuals’ interests in freedom as non-domination. But the principle of collective self-determination appears to support merely a presumptive right of exclusive territorial jurisdiction over natural resources, rather than resource sovereignty. This presumptive right must be abnegated or moderated if it conflicts with basic needs satisfaction, or with the self-determination of other political communities. (shrink)

In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland) that native title to land and pastoral leaseholdings can co‐exist. Drawing on themes of self‐determination and co‐existence, the paper looks at more specific topics such as aboriginal title to land—what has been called land rights or native title in Australia—and some implications (...) of that for land, sea and resource management. Central to this analysis are competing theories of Aboriginal land management and links between Aboriginal traditional knowledge and conservation of species. These are illustrated through the marine mammal, the dugong. The Australian debates lead to the Canadian debates and then to Scandinavia and the role of the Sami people in protection and management of the Arctic region. Issues of indigenous self determination inevitably provide an overall theme to these discussions. As a matter of global concern, the paper asks, but does not decide, whether indigenous peoples may manage fragile eco‐systems more effectively than outsiders. It maintains that what is important in this context is a broader question. This concerns how culturally inclusive land and resource management can emerge from recognition of indigenous land and human rights and how comparative developments can provide crucial cross‐jurisdictional information for future developments and opportunities in the interests of environmental conservation. (shrink)

Why should (or should not) we have a system of different states that each claim both internal and external sovereignty? How can the state gain its legitimate authority to rule? What is the problem with the ideal of the ‘global citizen’? How should states respond to different groups’ secession claims? To what extent should states have the right to control their borders? If one finds such questions intriguing, one should read Anna Stilz’s book Territorial Sovereignty: A Philosophical Exploration. Stilz argues (...) that a system of territorial states serves to protect important values – occupancy, basic justice and collective self-determination – which are key to living an autonomous life. I focus on the theory’s implication for the debates on border control. I contend that Stilz’s arguments still have difficulties grounding the state’s right to exclude would-be immigrants. That said, the book has done a great job in providing a liberal theoretical framework for us to reflect upon citizenship, immigration, succession claims, cosmopolitan ideals, the colonial legacy and disputes over borders and resources. (shrink)

This essay is a study on national self-determination and justice from the differing perspectives of John Rawls and Rabindranath Tagore. Both thinkers have addressed the problem of conflict caused by national loyalties. Influenced by Immanuel Kant’s philosophy of cosmopolitanism, John Rawls articulates the “Law of People” that suggests that mutual consent consists in economic interdependence among nations and tolerance for cultural diversity under monitored conditions of the international relations. Such an arrangement is not inclusive as it excludes the subaltern (...) perspectives and reinforces the hierarchies between East and West. Tagore offers post-colonial versions of nationalism and cosmopolitanism that call for a creative and spiritual unity of nations through cultural exchange where each is equal in dialogue. The essay makes a case for Tagore’s cosmopolitanism being more inclusive than Rawls, yet, limited in its accommodation of the “other” as Tagore’s creative unity domesticates this “other” on the basis of spiritual familiarity. The essay also critiques Martha Nussbaum’s cosmopolitanism that suggests reconciliation of both. It makes a case for a paradoxical understanding of hospitality, friendship and otherness theorized by Jacques Derrida as the basis of self-determination and global justice. (shrink)

Emerging reprogenetic technologies may radically change how humans reproduce in the not-so-distant future. One foreseeable consequence of disruptive innovations in the procreative domain is an increase in the reproductive autonomy of intended parents. Regarding the prospective parental liberty of enhancing non-health–related traits of the offspring, one controversy has particularly dominated the literature. Does parents' choice of genetically enhancing the traits of their descendants compromise children's future personal autonomy? In this article, I will analyse the main arguments which posit that reprogenetic (...) enhancement could be at odds with the child's future autonomy. I will argue that these objections are ill-founded. Moreover, I will present other arguments that show that reprogenetic technologies can enhance the autonomy of future children. Autonomy enhancement is a plausible and pro tanto desirable application of emerging reprogenetic technologies. (shrink)

This chapter contains sections titled: God and I God and the Teenage I – The Theodicy Fiasco God and the Adult I – Harmful Religious Beliefs at Life's Beginning God and the Adult I – Harmful Religious Beliefs During Our Lives God and the Adult I – Harmful Religious Beliefs at Life's End Why I Speak Out Notes.

Robert Sugden (2018. The Community of Advantage: A Behavioural Economist’s Defence of the Market. Oxford University Press) offers an alternative account for normative economics grounded in the view that it is in each individual’s interest to have more opportunity rather than less, irrespective of whether their decisions reveal well-ordered preferences. Our paper characterizes Sugden’s proposal as a step in the right direction, but as insufficient. His opportunity criterion does not go far enough in taking insights from psychology seriously. Sugden defends (...) an idea of agency understood as a person’s subjective sense of being in control of her actions. To realize this sense of being in control, we argue that a focus on opportunity-only is problematic; people also need agentic capabilities. We use self-determination theory (SDT) to develop a subjective account of agency that is grounded in psychological science. (shrink)

The thesis of this article is that there has never been any ground for the controversy between the doctrine of free will and determinism, that it is based upon a misapprehension, that the two assertions are entirely consistent, that one of them strictly implies the other, that they have been opposed only because of our natural want of the analytical imagination. In so saying I do not tamper with the meaning of either phrase. That would be unpardonable. I mean free (...) will in the natural and usual sense, in the fullest, the most absolute sense in which for the purposes of the personal and moral life the term is ever employed. I mean it as implying responsibility, merit and demerit, guilt and desert. I mean it as implying, after an act has been performed, that one " could have done otherwise " than one did. I mean it as conveying these things also, not in any subtly modified sense but in exactly the sense in which we conceive them in life and in law and in ethics. These two doctrines have been opposed because we have not realised that free will can be analysed without being destroyed, and that determinism is merely a feature of the analysis of it. And if we are tempted to take refuge in the thought of an "ultimate ", an "innermost" liberty that eludes the analysis, then we have implied a deterministic basis and constitution for this liberty as well. For such a basis and constitution lie in the idea of liberty. -/- The thesis is not, like that of Green or Bradley, that the contending opinions are reconciled if we adopt a certain metaphysic of the ego, as that it is timeless, and identifies itself with a desire by a " timeless act". This is to say that the two are irreconcilable, as they are popularly supposed to be, except by a theory that delivers us from the conflict by taking us out of time. Our view on the contrary is that from the natural and temporal point of view itself there never was any need of a reconciliation but only of a comprehension of the meaning of terms. (The metaphysical nature of the self and its identity through time is a problem for all who confront memory, anticipation, etc.; it has no peculiar difficulties arising from the present problem.) -/- I am not maintaining that determinism is true; only that it is true insofar as we have free will. That we are free in willing is, broadly speaking, a fact of experience. That broad fact is more assured than any philosophical analysis. It is therefore surer than the deterministic analysis of it, entirely adequate as that in the end appears to be. But it is not here affirmed that there are no small exceptions, no slight undetermined swervings, no ingredient of absolute chance. All that is here said is that such absence of determination, if and so far as it exists, is no gain to freedom, but sheer loss of it; no advantage to the moral life, but blank subtraction from it. -- When I speak below of "the indeterminist" I mean the libertarian indeterminist, that is, him who believes in free will and holds that it involves indetermination. (shrink)

Current controversies about knowledge integration reflect conflicting ideas of what it means to “take Indigenous knowledge seriously”. While there is increased interest in integrating Indigenous and Western scientific knowledge in various disciplines such as anthropology and ethnobiology, integration projects are often accused of recognizing Indigenous knowledge only insofar as it is useful for Western scientists. The aim of this article is to use tools from philosophy of science to develop a model of both successful integration and integration failures. On the (...) one hand, I argue that cross-cultural recognition of property clusters leads to an ontological overlap that makes knowledge integration often epistemically productive and socially useful. On the other hand, I argue that knowledge integration is limited by ontological divergence. Adequate models of Indigenous knowledge will therefore have to take integration failures seriously and I argue that integration efforts need to be complemented by a political notion of ontological self-determination. (shrink)

In this article, I focus on possibly impaired self-determination in addiction. After some methodological reflections, I introduce a phenomenological description of the experience of being self-determined. I argue that being self-determined implies effectivity of agency regarding three different behavioural domains. Such self-referential agency shall be called ‘self-effectivity’ in this article. In a second step, I will use this phenomenological description to understand the impairments of self-determination in addiction. While addiction does not necessarily imply a basic lack of control (...) over one’s life, this can well be the case during certain periods of time or in special situations. Addiction is herein described as an embodied custom—highly effective with respect to changing one’s lived experience—which is learned and developed while becoming addicted. Such a repeatedly performed custom, called a ‘psychotropic technique’, implies deep changes in one’s personal identity and alters an agent’s ‘self-effectivity’. In the closing section, I discuss the possible implications of a phenomenological approach to personal responsibility. (shrink)

Proponents of global egalitarian justice often argue that their positions are compatible with the principle of self-determination. At the same time, prominent arguments in favor of global egalitarianism object to one central component of the principle: namely, that the borders of states (or other political units) are normatively significant for the allocation of rights and duties; that duties of justice and democratic rights should stop or change at borders. In this article, I propose an argument in defense of the (...) normative significance of territorial boundaries that draws on a political interpretation of the principle of self-determination. The political interpretation is distinct from the two major approaches to self-determination: the national and the democratic. It makes a twofold contribution to the debates about global justice and democracy; while it (a) challenges the position that political memberships and political borders are morally arbitrary; it (b) helpsdefine the realm of permissible autonomy for self-governing political units, which does not ignore duties to nonmembers and outsiders. (shrink)

I argue for a basically Sartrean approach to the idea that one's self-concept, and any form of knowledge of oneself as an individual subject, presupposes concepts and knowledge about other things. The necessity stems from a pre-conceptual structure which assures that original self-consciousness is identical with one's consciousness of objects themselves. It is not a distinct accomplishment merely dependent on the latter. The analysis extends the matter/form distinction to concepts. It also requires a distinction between two notions of consciousness: one (...) relates to the employment of already formed concepts, the other to the structures of imaginative apprehension that help to constitute (empirical) concepts from the start. We need to see that (1) so far as objects are only conceptualized appearances, the material through which we apprehend them must be reflected in that apprehension itself; (2) the corresponding material consists of a manifold of pre-conceptually active anticipations and retentions concerning the course of one's own experience. The resultant structure imposes an orientation on the world of appearances that does not derive from a concept of oneself as an individual in it, but that nevertheless provides the only possible basis for such a concept. One's self-concept, at least as empirical subject, is simply that ofwhatever subject is indicated, in an appropriate way, by that orientation. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among (...) states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

In this paper, I consider the objection that unilateral secession by a national group (e.g., the Scots) from a legitimate, nonusurping state would wrong minority nationalities within the seceding territory. I show first that most proponents of this objection assume that the ground of the right to national self-determination is the protection of the group’s culture. I show that there are alternative justifications available. I then set out a version of this objection that does not rely on this claim; (...) on this objection, a national minority that seceded and created its own state would commit an expressive wrong against minorities within the territory over which it claimed jurisdiction. I show that this objection is undermotivated: only under a specific set of circumstances would the minorities of the secessionist region be subject to an expressive wrong. Finally, I show that the correct way to think about the claims of minorities in secessionist regions is in terms of a claim to secure access to equal civic status such that they are not at risk of becoming justifiably alienated from their new state. If a secessionist group cannot provide this guarantee to the minority residents of their territory, then their seceding would commit wrongful harm, and the presumption in favour of collective autonomy is defeated. I call this defeater the ‘Alienation Defeater.’With this in hand, we are now in a position to explain why nations are normatively special. Responding to the objections broached by Allen Buchanan and others, I show that even if other kinds of groups, such as religious groups, have the features in virtue of which nations have a claim to self-determination, this does not entail that those groups also have the right to secede. This is because an account of self-determination needs a list of ‘defeaters’—features in virtue of which a group’s claim to self-determination is defeated. I argue that religious groups are the strongest candidate for having a claim to collective autonomy in virtue of sharing many features with nations. I then argue that religious groups will run afoul of the Alienation Defeater; religious identity is too narrow to be the basis of the dominant collective identity of a state. This does not apply to nationality. This, I explain, is because of qualitative differences between religious groups, qua religious groups, and nations. (shrink)

Self-determination does and should play an important role in our conceptions of what it is to treat persons and peoples justly. I write at a time when the Middle East is erupting with demands for more appropriate rule by and for the people . Indigenous peoples around the world have been demanding better control over their traditional lands, over the last few decades in particular. And a serious global recession has affected all local economies since 2008, raising pertinent issues (...) about the wisdom of having a global economy as interlinked as ours has become. Would we not do better to "de-link" from the global economy? Would more robust ideals of self-determination and political and economic autonomy provide better guidance than those that seem to dominate the current discussion of models of global justice? (shrink)

The right of national groups to self-government should be universally conceived of in sub-statist forms. Instead of interpreting the right to national self-determination in terms of independent statehood, it should in all cases be conceived of as a package of privileges to which each national group is entitled in its main geographic location, normally within the state that coincides with its homeland. According to this sub-statist conception, self-determination is not a right of majority nations within states vis-a-vis national (...) minorities, but rather a right of homeland groups vis-a-vis non-homeland groups. It is a right to which each national group in the world is entitled, and which must be realized in at least one place. (shrink)

he article combines Elinor Ostrom’s design principles for common-pool resources and human rights provisions, including subsequent clarifications and jurisprudence. It analyses whether stronger local self-governance, embedded in the natural resource dimension of peoples’ rights to self-determination is a recommendable approach. Two changes in understanding are noted. First, the universal approval of indigenous peoples’ right to self-determination as specified in the UN Declaration on the Rights of Indigenous Peoples. Second, the wide endorsement of the specific principle of free and (...) prior informed consent. As the exercise of peoples’ rights to self-determination is done on a collective level, it is important to have awareness of whether particularly affected and marginalized households and individuals are included or not included in the decision-making process. The article then reviews a range of new instruments adopted by the OECD and the UN for improved human rights awareness and compliance in the context of economic investments. The article finds that these instruments are still underutilized. Finally, the article identifies the role of human rights in bilateral investment treaties. It finds that there are less jurisdictional restrictions – as many treaties have a wide understanding of applicable law – than cognitive restrictions – as human rights competence is rarely sought when establishing tribunals mandated to solve investments disputes. (shrink)

Situationists (e.g., Doris in Lack of character: personality and moral behavior, Cambridge University Press, Cambridge, 2002; Harman in Proc Aristot Soc 99:315–331, 1999. 10.2307/4545312), with reference to empirical work in psychology, have called into question the predictive and explanatory power of character traits and on this basis have criticized the empirical adequacy of moral virtue. More recently, Alfano (Philos Q 62(247):223–249, 2012; Character as moral fiction, Cambridge University Press, Cambridge, 2013) has extended the situationist critique from virtue ethics to virtue (...) epistemology. On the line he advances, virtue responsibilism—the view that intellectual character traits play an important part in traditional and untraditional epistemological inquiries—is criticized as empirically inadequate in light of the extent to which individuals are shown to be susceptible to seemingly trivial and epistemically irrelevant situational influences. Alfano’s attempted redeployment of the situationist challenge to virtue responsibilism is on closer inspection not as straightforward as he claims. It is granted that the empirical adequacy of virtue responsibilism will be eventually threatened if it can be shown that virtuous motivation is, in light of situational factors, causally ineffective. As it turns out, various psychological studies which situationists have overlooked, suggest that virtuous motivation is causally efficacious in a way that favours the position of the virtue responsibilist over the situationist. In the first part of this paper, I outline the hard core of virtue theory: both a rich motivation requirement, and a commitment to the inherent relation between virtue and a good life; then I assess whether these are undermined by situationist criticism. I address the confusion of the existing debate, and the conclusion drawn is that virtue theory ultimately remains unscathed. In the second part of my paper I defend the empirical adequacy of virtue theory based on self-determination theory. When we afford closer attention to studies on the orientation of our motivation, it becomes clear how the dynamics of our motivation have a tremendous influence on desirable behavioural outcomes: a good life. (shrink)

As developed by Sabel, Dorf and Cohen, and John Dewey before them, democratic experimentalism is based on the premise that current democratic practices are no longer able to deal with central and pressing social and political problems. Beginning with the criticism of democracy as command and control, Dorf and Sabel show how current democratic practices are part of the problem rather than the solution. Even as democratic experimentalists have successfully explored democracy beyond the state in the European Union, I argue (...) that they have not fully transnationalized democracy or fully appreciated “the new circumstances of politics.” With the emergence of pervasive forms of interdependence, Rousseau’s conception of democracy as self legislation is no longer adequate, despite its cogent normative assumptions. Instead, the new transnational circumstances of justice suggest a stronger conception of democracy as self determination. In order to minimize domination and maximize self determination, cross-cutting constituencies must achieve a shared democratic minimum, through which democracy may once again become a means to justice. (shrink)

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...) enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights. (shrink)

I argue that a distinction made in recent literature in the philosophy of mind between self-organizing and self-governing systems can serve as the basis of a principled distinction between ‘good’ and ‘bad’ determination on the part of the compatibilist with respect to freedom or control. I first consider two arguments for the claim that causal determinism undermines control: the Consequence Argument as presented by Peter van Inwagen, and the Four Case Argument of Derk Pereboom. I then elucidate the (...) difference between a self-organizing and self-governing system, and argue that the capacity for self-representation that is constitutive of the latter allows for agential control. This difference, I argue, can provide the basis of a principled distinction between good and bad determination. I subsequently show how the framework presented undermines the Consequence and Four Case Arguments in their attempt to establish the claim that causal determinism undermines control, and I discuss the application of this framework to manipulation arguments in general. Finally, I consider and respond to Galen Strawson’s Basic Argument and the general rejoinder to my account that one is not responsible for the particular way in which one exercises one’s capacity for self-representation, and that this undermines any claim to agential control and responsibility. (shrink)

This article summarizes the theory of federalism as non-domination Iris Marion Young began to develop in her final years, a theory of self-government that tried to recognize interconnectedness. Levy also poses an objection to that theory: non-domination cannot do the work Young needed of it, because it is a theory about the merits of decisions not about jurisdiction over them. The article concludes with an attempt to give Young the last word.

This response to Robert Knox’s very kind and constructive review1 of my 2008 book The Degradation of the International Legal Order: The Rehabilitation of Law and the Possibility of Politics gives me the opportunity not only to answer some of his criticisms, but also, on the basis of my own reflections since 2008, to fill in some gaps. Indeed, to revise a number of my arguments. First, I restate my attempt at a materialist account of human rights. Next I explain (...) why, for me, the right of peoples to self-determination is absolutely central to a materialist understanding of human rights; and also fill a serious gap in my own account in the book. This leads me not only to a reply to Robert Knox on the question of ‘indeterminacy’ in international law, but also to a disagreement with him on the use or misuse of the language of self-determination. My fourth section returns to our very different evaluations of the significance and meaning of the work of Yevgeny Pashukanis, and what, for me, is Pashukanis’s misunderstanding, for reasons consistent with his general theoretical trajectory, of Marx and Lenin on the Irish question. Finally, I present an outline of a re-evaluation of Marx’s principled position on self-determination. (shrink)

Towards the end of the first world war, a “principle of self-determination” was proposed as a foundation for international order. In the words of its chief advocate, U.S. President Woodrow Wilson, it specified that the “settlement of every question, whether of territory, of sovereignty, of economic arrangement, or of political relationship” is to be made “upon the basis of the free acceptance of that settlement by the people immediately concerned and not upon the basis of the material interest or (...) advantage of any other nation or people which may desire a different settlement for sake of its own exterior influence or mastery” (Wilson 1927, 233). The principle played a significant role in deliberations about lands newly liberated by the first world war, and, in the aftermath of the second, it was enshrined within Article 1 of the United Nations Charter which called upon member nations “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.” Its status within international law was further heightened by the 1966 Covenants on Civil and Political Rights and on Economic Social and Cultural Rights, whose first articles specify the following: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development.” In 1970, General Assembly Resolution 2625 added that, “every state has the duty to respect this right in accordance with the provision of the Charter.”. (shrink)

With a growing corporate interest in pursuing public goods, numerous firms today endeavor to practice corporate social responsibility. Utilizing a multilevel structural equation modeling approach, we investigated the topic of employees' pro-environmental behavior, contributing to the growing literature on “green” issues in the workplace. We incorporated self-determination theory to examine how individuals' perceptions regarding their corporate environmental policies reflected in firm-level green psychological climate influence their environment-specific self-regulation, and whether support of autonomy, relatedness, and competence psychological needs moderates this (...) relationship. The relationship between environment-specific self-regulation and employees' engagement in pro-environmental behavior was also further explained. Analysis of the data from 649 employees working in 37 major South Korean companies revealed that firm-level green psychological climate is positively related to employees' environment-specific self-regulation and that environment-specific self-regulation is also positively related to their pro-environmental behavior. Moreover, while we found that the positive association between firm-level green psychological climate and employees' environment-specific self-regulation was stronger when they had a higher level of relatedness need satisfaction, interactions between firm-level green psychological climate with autonomy and competence need satisfaction did not demonstrate any significant effects. Theoretical and practical contributions together with suggestions for related future research are discussed as well. (shrink)

Criminal law operates under the assumption that persons have the capacity for free, voluntary choice. However, since the concept of free will and self-determination may be understood in a variety of ways, it must be made the subject of philosophical scrutiny if it is to provide a solid foundation for law. This paper will present two major philosophical concepts of self-determination and evaluate their utility for criminal law. The conclusion delineates the possibilities and limitations of these concepts when (...) applied in particular to the field of criminal law. (shrink)

The critical intention of this article does not focus on a comprehensive socio-cultural evaluation of gambling. Rather, its perspective is guided towards ways of picturing gambling and the subject of the gambler in different theoretical contexts. It is argued that one might expand philosophical conceptions of practical self-determination by taking an interdisciplinary look at gambling. However, such an attempt runs into the danger of painting an overly simplistic picture of self-control as self-continence, which can be found in theoretical approaches (...) pathologizing the gambler. In order to avoid such an outcome, an interdisciplinary analogy combining psychoanalytical and philosophical thought is presented. This analogy brings together the perspectives of the analysand and the gambler. By confronting these scenarios of human agency, it is shown that practical self-determination depends on instances of daring that can be related to certain gambling practices, too. The interdisciplinary view on gambling highlights its potentials for self-exploration, without neglecting the fact that an appropriate realization of such a self-exploration requires experiential and interpersonal conditions that often collide with the harsh reality of gambling practices. (shrink)

Two perspectives dominate the general attempt to articulate the philosophical foundations of the animal liberation movement. On the one hand there is the utilitarian perspective typified by the work of Peter Singer. Here the morality of our treatment of nonhumans, and for that matter humans, is determined by an overarching concern to maximize a utility function. In Singer’s case this utility function is in some way composite. Singer urges the maximization of objective preference satisfaction and the maximization of pleasure. The (...) scope of these norms is not arbitrarily limited. In the case of the first, all creatures who have preferences or desires are covered. The second includes all those creatures with the capacity to experience pleasure. The maximization of the utility function does not take into account species membership except instrumentally. Moreover it is merely of instrumental concern that this or that individual is treated in this or that way. The treatment of individuals is determined solely by reference to the utility function. (shrink)

In Spain, free gender self-determination has been recognized with the promulgation of Law 4/2023, of February 28. The objective of this text is to analyse what reasons have motivated this regulation and how well founded they are. Should we recognize gender self-determination? We conclude negatively, but for reasons other than those usually cited. To reach this conclusion, we review the legal and jurisprudential evolution of the matter (section 1), and analyse the main arguments offered in favour (section 2) (...) and against (section 3) of this possibility. Finally, we suggest that the best option would be to include the mention of sex in its traditional conception and allow those who wish to also include their gender or gender identity. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. However, many recent international human rights documents include rights of peoples in their lists of basic human rights. In this paper, I defend including at least one people’s right, the right to self-determination, in the list of basic rights. Recognizing that self-determination is a constitutive element of human dignity casts state sovereignty in a different light, with interesting consequences both (...) for international law and for philosophical debates about the rights of minorities. (shrink)

Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside within (...) its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or.. (shrink)

Many abused women from patriarchal collectivistic societies that are subjected to social control seek help in community health clinics. The article is based on a qualitative study, which consisted of 24 interviews with 12 abused Israeli Arab women who sought the help of social workers in community health clinics. A central theme that emerged from the interviews was the women’s wish to maintain their self-determination in retaining the power to determine the boundaries of the intervention within the professional relationship. (...) The discussion focuses on the dialectical consequences of maintaining the women’s self-determination—empowering them, on one hand, and limiting them, on the other. (shrink)

Offering a transdisciplinary study that benefits from the conceptual and theoretical contri­butions of sociology, political science and international relations, this article focuses on three key notions that shed light on the promise and limitations of the prevailing globalization scholarship. The proposed notions are self-determination, autonomy, and agency, which are often seen as merely antagonistic – if not a ‘prey’ or victim – to globalization. They are wor­thy of attention for their common emphasis that rests on the increasingly blurred boundar­ies (...) underlying the nexus between agent and environment, agent and action, and capability and expectations. Besides, they constitute an important source of inspiration for the rise of critical studies on globalization with a special emphasis on glocalization (Robertson) and world society (Meyer). Focusing on the prevailing global context in which claims to agency, autonomy and self-determination emerge, spread and receive diverse reactions, the study aims to discuss the complexity defining the relationship between homogenizing and hetero­genizing, universalizing and parochializing, converging and diverging logics, forces and processes underlying globalization. Overall, the article emphasizes that far from being hostile to global phenomena, self-determination, autonomy, and agency are both the products and key constitutive ingredients of the globalization as we understand it today. (shrink)

In this article I examine the political relations between Aboriginal communities and government in the development of Australian Aboriginal health policy. How do government policymakers interpret the concept of Aboriginal self-determination? What does reconciliation mean in the context of Aboriginal health? The article is based on 12 months of ethnographic research in southeast Australia with key stakeholders in the Aboriginal community-controlled health sector as well key stakeholdes in regional, state, and national (Commonwealth) government. The research was a response to (...) the call for anthropologists to engage in ethnographic studies of colonial relations.1 I argue that although Australian health policy today is premised on community-government partnerships, contemporary relationships are still, fundamentally, rooted in and informed by Australia’s colonialist history with all of its attendant institutions, structures, and practices. (shrink)

In a period in which the concept of self‐determination has become a cliche, it seems astonishing that it occupies the center of the historical stage in the various searches for a community in the horn of Africa. Thus, the concept itself might indeed have been a cliche, but not for the millions of human beings that have sacrificed, and continue to sacrifice, their lives for the sake of a way of life that the concept promises.

On a plenitudinous ontology, in every filled region of spacetime, there is at least one object that’s ‘exactly then and there’; one per each modal profile that the matter in the region satisfies. One of the strongest arguments for plenitude, the “argument from anthropocentrism”, puts pressure on us to accept that members of different communities correctly self-identify under different subject concepts. I explore this consequence and offer an account of selves on which self-determination is both socially and individually variant; (...) we determine our spatiotemporal boundaries, our de re modal properties, and the kind of being that we are. We do this by determining which of many candidate beings has the property of being a self. (shrink)