This chapter examines John Locke's work entitled Two Treatises of Government. It suggests that this work helped revitalize the social contract tradition by extending the elements of Calvinist political thought, and expanded the modern natural law tradition of Hugo Grotius and Samuel von Pufendorf. The chapter also contends that this work represents Locke's defense of his political philosophy and of the Whig political principles.

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories (...) of property and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

John Locke's political theory has been the subject of many detailed treatments by philosophers and political scientists. But The Lockean Theory of Rights is the first systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Given that the rights of persons are the central moral concept at work in Locke's and Lockean political philosophy, such a study is long overdue.

My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized anymore; and finally, because (...) of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons. (shrink)

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...) for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

There are several ways in which rights may be lost: by renunciation or “alienation,” through wrongdoing or “forfeiture,” and through “prescription” or the expiration of rights or their expropriation by competing claimants. One form of prescription is “supersession,” where rights are alleged to “fade away” over time to be replaced by others’ claims of right. Chapter 7 is an in-depth examination of the idea of rights supersession. That idea is centrally employed, but inadequately analyzed, in virtually all theories of territorial (...) rights. The chapter distinguishes from true supersession various related phenomena. It then examines and criticizes all of the familiar arguments in favor of supersession, with special reference to Waldron’s well-known approach. The arguments considered concern “fading bases,” shaky counterfactuals, changing circumstances, and the evolving demands of justice. (shrink)

In his paper "Role Obligations," Michael Hardimon defends an account of the nature and justification of institutional obligations that he takes to be clearly superior to the "standard" voluntarist view. Hardimon argues that this standard view presents a "misleading and distorted" picture of role obligations (and of morality generally); and in its best form he claims this view still "leaves out" of its understanding of even contractual role obligations an "absolutely vital factor". I argue against Hardimon that a related version (...) of this "standard view" of institutional obligations is "standard" for a very good reason - namely, that it is true. (shrink)

Compiled by scholars at the court of Liu An, king of Huainan, in the second century B.C.E, _The Huainanzi_ is a tightly organized, sophisticated articulation of Western Han philosophy and statecraft. Outlining "all that a modern monarch needs to know," the text emphasizes rigorous self-cultivation and mental discipline, brilliantly synthesizing for readers past and present the full spectrum of early Chinese thought. _The Huainanzi_ locates the key to successful rule in a balance of broad knowledge, diligent application, and the penetrating (...) wisdom of a sage. It is a unique and creative synthesis of Daoist classics, such as the _Laozi_ and the _Zhuangzi_; works associated with the Confucian tradition, such as the _Changes_, the _Odes_, and the _Documents_; and a wide range of other foundational philosophical and literary texts from the _Mozi_ to the _Hanfeizi_. The product of twelve years of scholarship, this remarkable translation preserves _The Huainanzi_'s special rhetorical features, such as parallel prose and verse, and showcases a compositional technique that conveys the work's powerful philosophical appeal. This path-breaking volume will have a transformative impact on the field of early Chinese intellectual history and will be of great interest to scholars and students alike. (shrink)

In this essay I will discuss the relationship between two of the most basic ideas in political and legal philosophy: the justification of the state and state legitimacy. I plainly cannot aspire here to a complete account of these matters; but I hope to be able to say enough to motivate a way of thinking about the relation between these notions that is, I believe, superior to the approach which seems to be dominant in contemporary political philosophy. Today showing that (...) a state is justified and showing that it is legitimate are typically taken to require the very same arguments. I will argue that this contemporary stance obscures the difference between two central ways in which we should morally evaluate states, and it generates confusions about other serious practical issues, such as those surrounding our moral obligations to comply with law. I begin with brief discussions of the ideas of justification and legitimacy and with an attempt to capture what ought to be most central in our concerns about these ideas. I turn then to two basic ways of thinking about the relation between justification and legitimacy that I want to distinguish: what I will call the Lockean and the Kantian approaches. Next, I argue that the minority Lockean approach to this issue captures essential features of institutional evaluation that the majority Kantian approach does not; and I add brief mention of one further complication facing any adequate account of political evaluation. (shrink)

My aim in this essay is to explore the nature and force of “original-acquisition” justifications of private property. By “original-acquisition” justifications, I mean those arguments which purport to establish or importantly contribute to the moral defense of private property by: offering a moral/historical account of how legitimate private property rights for persons first arose ; offering a hypothetical or conjectural account of how justified private property could arise from a propertyless condition; or simply defending an account of how an individual (...) can make private property in some previously unowned thing . The “original acquisition” to which such justifications centrally refer, then, may be either the first instance of legitimate private property in human history , or only the first legitimate acquisition of some particular thing . But in either case, the justification will involve or entail the defense of one or more moral principles specifying how unowned things can become privately owned — that is, the defense of the kind of principles Robert Nozick has called “principles of justice in acquisition.”. (shrink)

Chapter 5 defends a Lockean theory of territory, arguing that it avoids the unpalatable commitments of its rivals. The chapter first outlines Locke’s own view, which derives states’ territorial rights from its willing members’ private rights over land and resources. It then describes the ways in which that historical position needs to be modified to make it defensible, taking the ideal it describes to be its strong point. The chapter also describes and answers the standard objections to this sort of (...) theory. In doing so, it defends a view about the real point of philosophical theories of territory. (shrink)

Theories of political authority divide naturally into those that locate the source of states' authority in the history of states' interactions with their subjects and those that locate it in structural (or functional) features of states (such as the justice of their basic institutions). This paper argues that purely structuralist theories of political authority (such as those defended by Kant, Rawls, and contemporary “democratic Kantians”) must fail because of their inability to solve the boundary problem—namely, the problem of locating the (...) boundaries between different states' domains of authority in the natural or intuitive places. (shrink)

Locke appears to be committed to the peculiar views that native-born residents and visiting aliens have the same political status (since both are tacit consenters) and that real political societies have very few "members" with full rights and duties (since only express consenters seem to be counted as "members"). Locke, however, also subscribes to a principle governing our understanding of the content of vague or inexplicit consent: such consent is consent to all and only that which is necessary to the (...) purpose for which the consent is given. Using this principle, we can see that Locke's commitments are to far more reasonable positions. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories (...) of property and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

It is claimed by philosophers as diverse as Burke, Walzer, Dworkin, and MacIntyre that our political obligations are best understood as "associative" or "communal" obligations--that is, as obligations that require neither voluntary undertaking nor justification by "external" moral principles, but rather as "local" moral responsibilities whose normative weight derives entirely from their assignment by social practice. This paper identifies three primary lines of argument that appear to support such assertions: conceptual arguments, the arguments of nonvoluntarist contract theory, and communitarian arguments (...) (which emphasize both an "identity thesis" and a "normative independence thesis"). However, each of these lines of argument fails to show that political obligations are associative obligations. (shrink)

‘Rights and Territories: A Reply to Nine, Miller, and Stilz’ defends the Lockean theory of states’ territorial rights (as this theory was presented in Boundaries of Authority) against the critiques of Nine, Miller, and Stilz. In response to Nine’s concern that such a Lockean theory cannot justify the right of legitimate states to exclude aliens, it is argued that a consent-based theory like the Lockean one is flexible enough to justify a wide range of possible incidents of territorial rights – (...) importantly including, though not necessarily including, the sort of right to exclude aliens that is familiar from actual political practice. Miller’s criticisms are more wide-ranging. In response, the article argues that Lockean labor-based property rights are both stronger and more enduring than Miller suggests and that nationalism’s resources for dealing with concerns about rights-supersession and trapped minorities are importantly overstated by Miller. Against Stilz’s Kantian, ‘presentist’ account of states’ authority over persons and territories, it is argued that the rectification of past (historical) wrongs remains morally crucial even in the context of otherwise-just societies and that Stilz’s Kantian/rawlsian position unconvincingly privileges the rights to autonomy of territorially concentrated groups over those of dissenting individuals or wrongfully dispersed groups. (shrink)

There are various reasons why efforts to promote “support for self-management” have rarely delivered the kinds of sustainable improvements in healthcare experiences, health and wellbeing that policy leaders internationally have hoped for. This paper explains how the basis of failure is in some respects built into the ideas that underpin many of these efforts. When support for self-management is narrowly oriented towards educating and motivating patients to adopt the behaviours recommended for disease control, it implicitly reflects and perpetuates limited and (...) somewhat instrumental views of patients. It tends to: restrict the pursuit of respectful and enabling ‘partnership working’; run the risk of undermining patients’ self-evaluative attitudes ; limit recognition of the supportive value of clinician-patient relationships; and obscure the practical and ethical tensions that clinicians face in the delivery of support for self-management. We suggest that a focus on enabling people to live well with their long-term conditions is a promising starting point for a more adequate conception of support for self-management. We then outline the theoretical advantages that a capabilities approach to thinking about living well can bring to the development of an account of support for self-management, explaining, for example, how it can accommodate the range of what matters to people for living well, help keep the importance of disease control in perspective, recognize social influences on people’s values, behaviours and wellbeing, and illuminate more of the rich potential and practical and ethical challenges of supporting self-management in practice. (shrink)

This paper examines the thesis that human labor creates property rights in or from previously unowned objects by virtue of labor's power to make new things. This thesis is considered for two possible roles: first, as a thesis to which John Locke might have been committed in his writings on property; and second, as a thesis of independent plausibility that could serve as part of a defensible contemporary theory of property rights. Understanding Locke as committed to the thesis of (...) makers' rights has seemed to many of the best known recent Locke scholars to explain and unify Locke's various claims about property in a way that more traditional "labor-mixing" interpretations cannot. This paper argues that there is in fact no convincing evidence in Locke's texts to suggest any commitment to the thesis of makers' rights for humans. (shrink)

This essay defends a reading of Hegel as a metametaphysical antirealist. Metametaphysical antirealism is a denial that metaphysics has as its subject matter answers to theoretical questions about the mind-independent world. Hence, on this view, metaphysical questions are not, in principle, knowledge transcendent. I hold that Hegel presents a version of metaphysical antirealism in the Science of Logic because he pursues his project by suspending reference to all supposed objects of metaphysical theory as practiced before him. Hegel introduces reference in (...) his theory only by the self-reference of thought to itself in the Doctrine of the Concept. I motivate the relevance of Hegel’s approach to metaphysics by comparing it to Kit Fine’s concept of ‘naïve metaphysics’. I argue that Hegel’s theory results from a comprehensively naïve metaphysics. (shrink)

As its subtitle indicates, Democracy’s Discontent is a study of the political philosophies that have guided America’s public life. The “search” Michael Sandel describes has, in his view, temporarily come to a disappointing resolution in America’s acceptance of a liberal “public philosophy” that “cannot secure the liberty it promises” and has left Americans “discontented” with their “loss of self-government and the erosion of community”. This theme is unlikely to surprise readers familiar with Sandel’s earlier work. What may surprise them is (...) how little of Sandel’s second book is devoted to his critique of liberal theory or to his defense of his favored “republican” alternative. Far less than 10 percent of the book is devoted to characterizing liberal and republican political philosophy and to argument concerning their relative theoretical virtues. The body of Democracy’s Discontent is a history of American Constitutional law and political/economic debate, from pre-Revolutionary times to the Clinton presidency, all designed to show that the republican vision that has animated so much of that history has been recently abandoned to our detriment, replaced by a liberal public philosophy whose dramatic failure in practice “recapitulates” its “poverty in theory”. Sandel’s history is lively and engaging, and many of his analyses are insightful and persuasive. But the looseness in his treatment of theory regularly infects the conclusions he draws from this history and undermines his efforts to show that American political practice indicts liberal political philosophy. (shrink)

When officials of some political society portray their state as legitimate - and when do they not! - they intend to be laying claim to a large body of rights, the rights in which their state's legitimacy allegedly consists. The rights claimed are minimally those that states must exercise if they are to retain effective control over their territories and populations in a world composed of numerous autonomous states. Often the rights states are trying to claim in asserting their legitimacy (...) go far beyond this minimum. But whether a state's claims are modest or extravagant, the rights claimed invariably fall into three categories. The first category is a set of rights held over or against those persons who fall within the state's claimed legal jurisdiction - what I will call rights over subjects. The second is a set of rights claimed against those persons without the state's jurisdiction - what we can call rights against aliens. And the third category is a set of rights held over a particular geographical territory (whose extent largely determines the scope of the state's jurisdiction) - call these rights over territory. The rights states claim in these three categories jointly define their conception of the sovereignty that they (or their governments or institutions) enjoy, sovereignty that is more extensive (strong, absolute) as the rights asserted in these categories are more numerous and wide-ranging. It is principally on the third of these categories - on the nature and possible moral bases for the claims states make over geographical territories - that I will focus in this essay. The modern state is a territorial entity, and it claims to be legitimately so. Sidgwick was surely correct when he wrote that "it seems essential to the modern conception of a State that its government should exercise supreme dominion over a particular portion of the earth's surface ... Indeed, in modern political thought the connection between a political society and its territory is so close that the two notions almost blend." Common sense seems to view the territoriality of the modern state as natural and unquestionable. That, perhaps, explains why so little has been written, either by contemporary theorists or by the authors of the classics of modern political philosophy, on the moral bases of the modern state's claimed rights over territory. States typically claim not only legal authority over their territories (i.e., that their rights over those territories should be affirmed by international law), but moral authority as well - at the very least insofar as the relevant principles of international law are thought themselves to have moral weight. My concern here, then, will be with the possible moral bases for the kinds of claims made over geographical territories by typical modern states. (shrink)

Every political theorist will need this book . . . . It is more 'important' than 90% of the work published in philosophy."--Joel Feinberg, University of Arizona.

The complex-systems approach to cognitive science seeks to move beyond the formalism of information exchange and to situate cognition within the broader formalism of energy flow. Changes in cognitive performance exhibit a fractal (i.e., power-law) relationship between size and time scale. These fractal fluctuations reflect the flow of energy at all scales governing cognition. Information transfer, as traditionally understood in the cognitive sciences, may be a subset of this multiscale energy flow. The cognitive system exhibits not just a single power-law (...) relationship between fluctuation size and time scale but actually exhibits many power-law relationships, whether over time or space. This change in fractal scaling, that is, multifractality, provides new insights into changes in energy flow through the cognitive system. We survey recent findings demonstrating the role of multifractality in (a) understanding atypical developmental outcomes, and (b) predicting cognitive change. We propose that multifractality provides insights into energy flows driving the emergence of cognitive structure. (shrink)

Chapter 6 examines hybrid or pluralist theories of territorial rights—that is, theories that are not “pure” uses of the strategies considered in chapter 4. It considers first an attempt to hybridize the kind of Kantian functionalism discussed in chapter 3. Stilz’s theory is rejected for being only selectively pluralistic in what appears to be an ad hoc fashion. Chapter 6 also argues that Meisels’s nationalist hybrid, while in fact committed to taking seriously historical wrongs and their lasting moral relevance, never (...) lives up to that commitment. Finally, Nine’s Lockean hybrid is found to share all of the central positions and problems of the more familiar functionalist approaches that were criticized earlier in the book. (shrink)