Public professionals do not only serve their clients but also – by doing so – the public at large. The state often has a direct grip on their work, through financing, regulation or otherwise. This leads to a deeply felt conflict in contexts where authoritarian, illiberal leadership is widespread. Public professionals then face a moral dilemma: should they resist illiberal pressures by the state, or continue to obey their states? The paper's main question is how this practical dilemma for public (...) professionals should be interpreted. First, it presents a framework to interpret the professional situation, characterising it as a fiduciary relation, which we can understand through the lens of Thomas Hobbes's theory of authorisation/representation. On this theoretical basis, the paper discusses three competing models for understanding the public professional's predicament. The teleological model revolves around loyalty to one's clients. The conscientious professional model which is about loyalty to one's own moral convictions. The constitutional model is about loyalty to constitutional principles. The paper argues in favour of the constitutional model. Standing up against illiberal pressures is best interpreted as a matter of loyalty to the principles of constitutionality that underly the fiduciary relation between citizens and their states. (shrink)

Many political theorists today deny that citizenship can be defended on liberal grounds alone. Cosmopolitans claim that loyalty to a particular state is incompatible with universal liberal principles, which hold that we have equal duties of justice to persons everywhere, while nationalist theorists justify civic obligations only by reaching beyond liberal principles and invoking the importance of national culture. In Liberal Loyalty, Anna Stilz challenges both views by defending a distinctively liberal understanding of citizenship. Drawing on Kant, Rousseau, (...) and Habermas, Stilz argues that we owe civic obligations to the state if it is sufficiently just, and that constitutionally enshrined principles of justice in themselves--rather than territory, common language, or shared culture--are grounds for obedience to our particular state and for democratic solidarity with our fellow citizens. She demonstrates that specifying what freedom and equality mean among a particular people requires their democratic participation together as a group. Justice, therefore, depends on the authority of the democratic state because there is no way equal freedom can be defined or guaranteed without it. Yet, as Stilz shows, this does not mean that each of us should entertain some vague loyalty to democracy in general. Citizens are politically obligated to their own state and to each other, because within their particular democracy they define and ultimately guarantee their own civil rights. Liberal Loyalty is a persuasive defense of citizenship on purely liberal grounds. (shrink)

When militaries mention loyalty as a value they mean loyalty to colleagues and the organisation. Loyalty to principle, the type of loyalty that has a wider scope, plays hardly a role in the ethics of most armed forces. Where military codes, oaths and values are about the organisation and colleagues, medical ethics is about providing patient care impartially. Being subject to two diverging professional ethics can leave military medical personnel torn between the wish to act loyally (...) towards colleagues, and the demands of a more outward looking ethic. This tension constitutes a test of integrity, not a moral dilemma. (shrink)

Responsibilities towards employees constitute a recognised general subject area in the field of business ethics. Thus, research has been done regarding respecting employees’ rights to fairness in dismissal procedures, to their privacy, to a fair wage, etc. Employee loyalty has also been shown to be very important both in management literature and in legal debate but much less attention has been given to employer loyalty which could be one of the responsibilities of an employer to his or her (...) employee. Rather, some confusion regarding the nature of loyalty has at times led to suggestions that loyalty should be replaced by self-interest. However, scholars who favour this view usually do so in reaction to the one-sidedness of loyalty expectations. This paper proposes that loyalty is a duty that employers also owe their employees, based on the reciprocal nature of certain rights and duties within human relationships and an understanding of psychological contracts. Thus the paper argues that loyalty should be a mutual expectation between the parties rather than unidirectional. In fact, employer loyalty enriches the employers themselves in terms of their human fulfilment, since it is a human virtue, and leads to employee loyalty response, which then impacts the bottom-line.The paper’s content is also important insofar as it could contribute to building ethical duty foundations for employers in developing countries where weak regulatory environments combine with the harshness of the economy to make it an employers’ world and make instances of unfairness towards employees common. (shrink)

This article addresses the question of how, if at all, citizens can sustain an effective sense of political belonging without sacrificing other sources of ethical identity. We begin with a critical analysis of Rousseau's classic considerations of politics and religion, which concludes that membership of a sub-political ethical community is incompatible with an effective sense of political belonging. This critique leads us to a consideration of the basic character of contemporary constitutional-democratic polities (drawing on the work of James Tully) (...) and of Waldron's account of the circumstances of politics. These considerations are developed into the claim that we can identify two sources of political belonging: recognition and acknowledgement - which correspond to two aspects of democratic citizenship: as status and as mode of being. On the basis of this claim, we argue that an effective sense of political belonging can be compatible with membership of sub-political ethical communities iff members of the political community are characterised by the majoritarian virtue of civic responsiveness and the minoritarian virtue of civic endurance. We sketch the character of these virtues and the relationship to one another in arguing that only the widespread presence of both kinds of virtue is sufficient to secure citizens' confidence in the polity and hence its stability. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm (...) such principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

Constitutions are not just legal texts but form a narrative with an engaging plot, a hierarchy of actors and a distinct ideology. They can be read and interpreted as literary texts. The four constitutions in 20th century Russia can be attributed to specific genres. Moreover, they interact closely with the official culture of their time. The constitutions serve an important task in the cultural self-definition of Russian society which as a rule occurred in moments of ideological crisis. The case of (...) Russia is especially intriguing since the Utopian project of a just society needed in every stage of its evolution a new convincing design which was able to guarantee the citizens' loyalty to the state. (shrink)

In Spain the different Statutes of Autonomy are undergoing substantial revision. That revision is being made with repeated invocations of the federal model, without noticing that it would never permit a process in which the federated pieces did not form a whole with the federal pieces. There must first exist an overall agreement on such fundamental questions as competencies, financing, institutional relations, etc. Lacking such an agreement at the political level, the situation must be corrected at the legal level. In (...) Germany, which has been the great model for Spanish constitutional design, the notion of constitutional loyalty has been a key element, developed, among others, by the Federal Constitutional Court. The Spanish Constitutional Court, however, until now has not gone into the sacramental foundation of the principle, there where it hides its ultimate authority and, therefore, it finds itself detained for the moment at the starting point of a road it has yet to cover. Because loyalty is the hinge of the state, the lubrication that “serves to facilitate movement”, it reconciles the pieces of the decentralised federal system (federal, regional, or whatever you want to call it). Loyalty acts as the backdrop, which is what in the theatre strictly speaking closes the scene, giving sense to the whole set. (shrink)

In the accepted view, the basic disposition of believers is one of absolute obedience, humility, and lack of critique, doubt, or, indeed, defiance of God. Only through such a disposition do believers convey their absolute faith and establish the appropriate hierarchy between God and humans. This article challenges this view and argues that, in mainstream rabbinic tradition, the believer is not required to renounce his or her moral autonomy and certainly not his or her understanding of God and the world. (...) Indeed, faith rests on such understanding; moreover, human autonomy is the mechanism through which humans convey God’s goodness and perfection. Their questions and criticism are part of a persistent effort to close the evident gap between their assumptions about God’s goodness and the flawed imperfect reality. The analysis focuses on rabbinic tradition but its implications go beyond it, presenting a model of a life of faith that compels subjects, as believers, to preserve their constitutive foundations as rational autonomous creatures. (shrink)

Tocqueville's chapter on the American Constitution reflects on the attempt to superimpose a large-scale union upon what was originally a loose collection of self-governing local democracies. The latter are communities which draw easily from the natural basis for public-spiritedness, which is local patriotism. The constitutional system, on the other hand, must nurture loyalty to a union whose core is a set of legal formalities specifying the allocation of powers. Tocqueville shows that the federal union avoids the combination of (...) republicanism with extreme centralization that was sought by the revolutionaries in France. Nevertheless, the constitutional system harbours a tension between the original, more natural sources of civic loyalty and the abstract principles necessary for a national structure based upon complex theories of federation. The insight into this tension between constitutional idea and local democratic practice is at the heart of Tocqueville's reservations about the future of the union. (shrink)

Starting from the contemporary processes of “fragmentation of societies” (pluralization of individual lifestyles, the increasing ethnic‐cultural diversity, de‐solidarity, the melting away of political loyalties) and of “dissolution of the nation” (the erosion of the monopoly of the state, economic globalization), the author examines Tocqueville's question about what holds society together. This problem of integration is analysed in the perspective of social and legal sciences. Accordingly, the author stresses that solutions to such a problem should come from a constitutional theory (...) which is open to debates and answers developing in other disciplines, thus obtaining relevant information concerning the role of law and of constitution for integration. (shrink)

In the summer of 2012, “meat” themed posters were hung throughout the city of Edmonton, Alberta. A textual analysis of three of the posters from this collection revels that the concept of sacrifice is more appropriate to describe “meat”-eating in Alberta than the concept of the absent referent. These posters celebrate the consumption of “meat” and unabashedly make evident the living animal origins of “meat.” I argue that that the prominence of the cattle industry relative to Alberta’s economy, and its (...) ties to the production and reproduction of dominant Albertan identity negate the requirement of the absent referent. The consumption of “beef” is largely considered an expression of loyalty to the region, and as a means to preserve Alberta’s heritage. The noncriminal putting to death of nonhuman animals can instead be understood as symbolic and literal sacrifices in the constitution of dominant Albertan identity and economy. As such, this paper makes an intervention into ecofeminist literature as well as vegan literature written for mainstream populations that employ the absent referent in the aim of countering “meat”-eating practices. (shrink)

In the following I take issue with the allegation that liberalism must inevitably be guilty of ‘abstract individualism’. I treat Michael Sandel’s well-known claim that there are ‘loyalties and convictions whose moral force consists partly in the fact that living by them is inseparable from understanding ourselves as the particular persons we are’ as representative of this widely held view. Specifically, I argue: (i) that Sandel’s account of the manner in which ‘constitutive’ loyalties function as reasons for action presupposes the (...) possibility of there being (what I call) ‘underivable particular obligations’, but that such obligations are, in fact, a logical impossibility; and (ii) that Sandel’s account of the self as necessarily ‘encumbered’ presupposes an account of personal identity which confuses identification with definition, and which is, therefore, fundamentally flawed. (shrink)

ABSTRACTOur constitutional system is more sensitive to public sentiment than Christopher Achen and Larry Bartels suggest in Democracy for Realists. Even if our system is not micro-responsive—maintaining fidelity to public opinion, or to campaign promises, in every detail of public policy—it is macro-responsive: politicians grasp core public expectations and do their best to meet them. While Achen and Bartels show that group loyalties decisively shape perceptions and expectations, people often revise these perceptions and expectations based on experience. Because we (...) are more than the creatures of groups and parties, democracy works better—and is better—than the authors suggest. (shrink)

Modern sovereignty is anthropocentric, constituted and organized by reference to human beings alone. Although a metaphysical assumption, anthropocentrism is of immense practical import, enabling modern states to command loyalty and resources from their subjects in pursuit of political projects. It has limits, however, which are brought clearly into view by the authoritative taboo on taking UFOs seriously. UFOs have never been systematically investigated by science or the state, because it is assumed to be known that none are extraterrestrial. Yet (...) in fact this is not known, which makes the UFO taboo puzzling given the ET possibility. Drawing on the work of Giorgio Agamben, Michel Foucault, and Jacques Derrida, the puzzle is explained by the functional imperatives of anthropocentric sovereignty, which cannot decide a UFO exception to anthropocentrism while preserving the ability to make such a decision. The UFO can be "known" only by not asking what it is. (shrink)

The word "truth" retains, in common use, traces of origins that link it to trust, truth, and truce, connoting ideas of fidelity, loyalty, and authenticity. The word has become, in contemporary philosophy, encased in a web of technicalities, but we know that a true image is a faithful portrait; a true friend a loyal one. In a novel or a poem, too, we have a feel for what is emotionally true, though we are not concerned with the actuality of (...) events and characters depicted. To have emotions is to care about certain things: we can wonder whether those things are really worth caring about. We can wonder whether our passions reflect who we are, and whether they constitute fitting responses to the vicissitudes of life. So there are two aspects to emotional truth: how well an emotion reflects the threats and promises of the world, and how well it reflects our own individual nature. That is the starting point of this book, which looks first at the analogies and disanalogies between strict propositional truth and a looser, "generic" sense of truth. As applied to emotions, generic truth is closer to those original meanings: as in a portrait's fidelity or friend's loyalty. Taken in this sense, the notion of emotional truth opens up large vistas on areas of life essential to our existence as social beings, and to our concerns with beauty, morality, love, death, sex, knowledge, desire, coherence, and happiness. Each of those topics illustrates some facet of the dominant theme of the book: the crucial but often ambivalent role of our emotions in grounding and yet also sometimes undermining our values. Emotions act, in holistic perspective, as ultimate arbiters of values where different and independently justified standards of value compete. (shrink)

Accounts of solidarity typically defend it in teleological or loyalty terms, justifying it by invoking its goal of promoting justice or its expression of support for a shared community. Such solidarity seems to be a moral option rather than an obligation. In contrast, A Moral Theory of Solidarity develops a deontological theory grounded in equity. With extended reflection on the Spanish conquest of the Americas and the US Civil Rights movement, Kolers defines solidarity as political action on others' terms. (...) Unlike mere alliances and coalitions, solidarity involves a disposition to defer to others' judgment about the best course of action. Such deference overrides individual conscience. Yet such deference is dangerous; a core challenge is then to determine when deference becomes appropriate.Kolers defends defernce to those who suffer gravest inequity. Such deference constitutes equitable treatment, in three senses: it is Kantian equity, expressing each person's equal status; it is Aristotelian equity, correcting general rules for particular cases; and deference is 'being an equitable person,' sharing others' fate rather than seizing advantages that they are denied. Treating others equitably is a perfect duty; hence solidarity with victims of inequity is a perfect duty. Further, since equity is valuable in itself, irrespective of any other goal it might promote, such solidarity is intrinsically valuable, not merely instrumentally valuable. Solidarity is then not about promoting justice, but about treating people justly. A Moral Theory of Solidarity engages carefully with recent work on equity in the Kantian and Aristotelian traditions, as well as the demandingness of moral duties, collective action, and unjust benefits, and is a major contribution to a field of growing interest. (shrink)

The problem of the nation is articulated as the philosophical problem of the relation between the political and the non-political in the context of modernity. When the political relevance of traditional non-political bonds is removed, a new cohesion needs to be found between free and equal individuals. Three solutions are possible. The liberal-universalistic solution claims that there is no other source of unity than the political process itself; it finds the ingredients of political loyalty in the common rational agreement (...) upon principles of democracy. The nationalistic solution is an attempt to find those ingredients in particularistic allegiances of a non-political, ethnic-cultural nature. Both solutions, present in the old French-German debate on the nation, as well as in recent debates between liberalism and communitarianism, are criticized. Their revival in recent times is explained by the fact that they both represent an erosion of the political sphere that is characteristic for a post-ideological society. The first neglects the specific determinateness of the political, reducing it to the internationality of the market or to the moralism of rights. The second neglects the political nature of democratic legitimation by founding it on the claim to embody a particular culture or „Volk”. — In a discussion with Sandel, it is agreed that the political dimension needs a determinate form of collective identity and a non-contractual form of foundation. This form should not be situated however in the imaginary givenness of an ethnic-cultural context, but in the common undertaking of the moral task of institutionalizing ideals of liberty. These ideals are not an abstract set of principles, but are necessarily mediated by a particular common heritage or a political culture. Finally it is shown that such interpretation of nation or national citizenship is parallel to recent philosophical endorsement of ideals of civic republicanism or constitutional patriotism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Politics Is a Mushroom: Worldly Sources of Rule and Exception in Carl Schmitt and Walter BenjaminKam Shapiro (bio)Life is not a mushroom growing out of death.—Carl Schmitt, The Visibility of the ChurchTo isolate death from life, not leaving the one intimately woven in the other, and each one entering into the other’s midst—this is what one must never do.—Jean-Luc Nancy, L’intrus1Carl Schmitt’s theory of the exception was bound up (...) with a thoroughgoing critique of philosophies of immanence, materialism, and “atheism,” which he treated as interchangeable. In his early writings, he adopted the Christian perspective according to which postlapsarian nature cannot by itself yield a juridical order, or in his poetic phrase, “life is not a mushroom growing out of death.” Yet—in accord with Catholic doctrine—he also found sources of life, or law, in this world. While he repudiated theories of collective self-legislation, he embraced a popular sovereign empowered to impose form on a chaotic society. In Political Theology (1922), he compared the form-giving power of the sovereign to an act of divine intervention. Law, he argued, can only function in a lawful or “normal” situation that precedes formalization, and the sovereign “produces and guarantees the situation in its totality” [13]. In The Crisis of Parliamentary Democracy (1923) Schmitt retained his theological terms: “A scientific study of democracy must begin with a particular aspect that I have called political theology” [32]. In the modern age, democratic constituent power (pouvoir constituant) replaces the will of God as the transcendent source of a substantial order, namely democratic homogeneity. Democratic will-formation thereby becomes an act prior to its subject, or as Schmitt wrote, “[...] only political power, which should come from the people’s will, can form the people’s will in the first place” [Crisis 28]. A variety of democratic theorists dwell on the paradoxical character of democratic sovereignty, sometimes tracing it back to Rousseau’s well-known formulations [see esp. Connolly and Honig]. They highlight the gap between a transcendent (ideal or fictive) will in whose name political power acts, and the bounded, material consensus it forms, ostensibly rendering the latter vulnerable to challenge. As I argue, however, a closer look at Rousseau’s discussion of democratic founding in On the Social Contract reveals instead a dynamic relay between dispersed substantial or immanent sources of affiliation, on the one hand, and various agents and techniques of political power that draw on and combine them in a collective will, on the other, or what I call the virtual and the virtuosic.2 After briefly exploring this dynamic in Rousseau’s [End Page 121] On the Social Contract, I will highlight similar dynamics at work in Schmitt’s Weimar writings, examining three instances: the complexio oppositorum (1923), national myth (1923), and the polemical opposition of friend and enemy (1927), focusing especially on the first. Contrary to familiar readings of Schmitt’s metaphysical “exceptionalism,” I argue that for Schmitt, as for Rousseau, political power does not create a normative order from a vacuum, and the apparent transcendence of sovereign authority has a variety of worldly sources.3 Finally, I consider what I call “democratic virtuosity,” or virtuosity from below, focusing on Walter Benjamin’s repudiation of sovereign acts of lawmaking or law preserving in favor of ongoing collective habit-formation. As I argue, Benjamin returns spiritual force to the material world not only to shatter human authorities, but also to democratize creation.Rousseau—Anticipating the PeopleIn the Social Contract, Rousseau formulated the paradox of democratic founding to which so many, including Schmitt, would return. “In order for an emerging people to appreciate the healthy maxims of politics, and follow the fundamental rules of statecraft, the effect would have to become the cause; the social spirit, which should be the result of the institution, would have to preside over the founding of the institution itself; and men would have to be prior to laws what they ought to become by means of laws” [Rousseau 69]. As Rousseau argues, a constitution can form a general will only if it commands the loyalty of the people, that is, if there is... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“Above and Beneath Classification”: Bartleby, Life and Times of Michael K, and Syntagmatic ParticipationGert Buelens (bio) and Dominiek Hoens (bio)The history of the relation between the law, norm, or rule on the one hand and what forms an exception to that rule on the other is complex and multifaceted.1 In the most general terms, one could posit that the exception is that which escapes from the rule. Thus, confronted (...) with the strangeness of Michael K, his noncommunicativeness, his odd combination of meekness and intransigence, the medical officer in J. M. Coetzee’s Life and Times of Michael K assigns K a place “above and beneath classification” [Coetzee 151]. Michael K is at once too large and too small to fit into the administrative and humanitarian categories that pertain at the prisoner camp. He appears to the medical officer—whose good intentions and patient, selfless interest in K cannot be doubted—as a recalcitrant, nonidentifiable object that flirts with dehumanization. To put it in Bataille’s terms, Michael K is formless (informe), and his existence can, by mere virtue of that fact, be called scandalous.2Let us take a closer look at the expression “above and beneath classification.” We can note that (1) it names something that situates itself on the outside of any classification; (2) this something must have a paradoxical status, since it is at once above and beneath classification; (3) the nonclassifiable is regarded as such from a classifying perspective. Although the latter point may sound tautological, it nonetheless touches upon one of the most difficult dimensions of the exception: if the exception is always an exception to the rule, how can it exist otherwise than by virtue of that rule? how can it be more than just the rule’s negative? But if the exception radically breaks away from the rule, then how is it possible for that rule to identify the exception and recognize it as such? This crucial problem has formed the basis for reflection on the relation between rule and exception. Freud, for instance, saw the exception (crime) as constitutive of social ties and the social order. Lacan needed a special topology to show the extimate character of what is at once inside and outside the symbolic order [Lacan, Miller]. Religious ways of thinking could be said to have located the exception as transcendent to any human order. For Badiou, the secularization of the infinite cannot be thought apart from an immanent, rather than transcendent, event that is disruptive of all order. In Derrida’s subtle analyses, the originary supplement appears as both constitutive and deconstructive. Agamben regards the exception as having become the political rule. These interpretative frameworks, in spite of some deep distinctions, all show not only that the rule cannot do without the exception, but that the exception is just as dependent on the rule. Even when the exception is regarded as a kind of pure, ruleless being-as-such, the rule is at the very least conceptually [End Page 157] indispensable for this pure, mere being to be thinkable in the first place. In brief, however much one may want, for political or other reasons, to assign the exception a central place at the expense of the rule, that rule remains inescapable.Nonetheless, the inevitability of the rule should not lead us to conclude that it is also immutable, nor that we should adopt a conservatism that accepts the rule as a repressive normativity or as an inclusive and exclusive apparatus of judgment. That this is as impossible as it is undesirable is suggested by what we indicated under the second item: the exception is both above and beneath. The exception is the paradoxical given of that which at once escapes from existing categories and lacks all identity in that escape. The problem that Michael K and Bartleby, the second figure of exception we consider in this essay, present for the rule resides not just in the recalcitrance that allows them to show up the limits of the rule, but also in the doubling with which this goes hand in hand. Michael K and Bartleby are as pliant as they are obdurate, show great loyalty even... (shrink)

Josiah Royce (1855-1916) was the leading American proponent of absolute idealism, the metaphysical view (also maintained by G. W. F. Hegel and F. H. Bradley) that all aspects of reality, including those we experience as disconnected or contradictory, are ultimately unified in the thought of a single all-encompassing consciousness. Royce also made original contributions in ethics, philosophy of community, philosophy of religion and logic. His major works include The Religious Aspect of Philosophy (1885), The World and the Individual (1899-1901), The (...) Philosophy of Loyalty (1908), and The Problem of Christianity (1913). Royce's friendly but longstanding dispute with William James, known as "The Battle of the Absolute," deeply influenced both philosophers' thought. In his later works, Royce reconceived his metaphysics as an "absolute pragmatism" grounded in semiotics. This view dispenses with the Absolute Mind of previous idealism and instead characterizes reality as a universe of ideas or signs which occur in a process of being interpreted by an infinite community of minds. These minds, and the community they constitute, may themselves be understood as signs. Royce's ethics, philosophy of community, philosophy of religion, and logic reflect this metaphysical position. (shrink)

In this paper I outline a critical justification of the practice of political whistleblowing as exemplified by the case of Edward Snowden. At first, I argue that the question of justifiability cannot be settled with regard to absolutely binding principles such as special loyalties or the categorical duty to inform fellow citizens. What is required instead is the careful weighing of all relevant consequential and deontic reasons. However, this weighing process has to be publically justified. I will therefore turn to (...) the theory of civil disobedience which provides us with two roots of public justification: widely accepted constitutional values and the primacy of public deliberation. In this view, political whistleblowing is to be seen as a special case of civil disobedience and can be justified along the lines of both liberal and republican approaches. However, in the end of the paper I will indicate that we have to transcend the state-based model of civil disobedience. Snowden’s acts of whistleblowing have a further cosmopolitan intention and need to be justified in terms of avant-garde principles of global justice. (shrink)

Private law and regulation are constantly involved in the evaluation of conflicts of interest, judging some of them salutary, with others requiring adjustment. Focusing on the question of conflicts of interest allows us to clarify our vision of when such adjustment is appropriate and, more specifically, when the law should supply an infrastructure for cooperative behavior. Thus, the prism of conflicts of interest provides a lens through which to view basic legal problems that turn on whether individual actors will be (...) deemed responsible to some joint interest or whether they will be at liberty to pursue their individual interests despite the adverse effects of such activity on others. This article proposes a conflicts of interest perspective for examining contract law and its immediate surroundings. It suggests a map of conflicts of interest along three axes: the remedial axis; the axis of positive duties to avoid conflicts; and the axis of the transition from independence to loyalty. Applying the map to contract doctrine, the article examines a number of contract doctrines including: remedies for breach of contract; modification; conditions; good faith in performance; and formation. The article goes on to apply the map of conflicts to two complex fact situations: corporate acquisitions and corporate bankruptcies. The analysis underscores the fact that conflicts of interest rules do not simply protect existing interests, but also contribute to the very constitution of those interests. Recognizing the constitutive role of legal rules raises questions about our ability to determine interests ex ante and thus calls for a more nuanced approach to gauging the incentive effects of a legal regime. (shrink)

It has always seemed to me that one of my father's great contributions to monarchical practice was the manner in which, without apparent design, he managed to resolve the internal contradictions of monarchy in the twentieth century that requires it to be remote from, yet at the same time to personify the aspirations of the people. It must appear aloof and distant in order to sustain the illusion of a Monarch who, shunning faction, stands above politics and the more mundane (...) allegiances. At the same time it must appear to share intimately the ideals of the multitude, whose affection and loyalty provide the broad base of constitutional Monarchy. My father, with the instinctive genius of the simple man, found the means of squaring the apparent circle within the resources of his own character. By the force of his own authentic example – the king himself in the role of the bearded paterfamilias … he transformed the Crown as personified by the Royal Family into a model of the traditional family virtues, a model that was all the more genuine for its suspected but inconspicuous flaws. The King, as the dutiful father, became the living symbol not only of the nation, but also of the Empire, the last link holding these diversified and scattered communities. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Proceedings of the ALSC (1995 Convention)Patrick HenryGiven the oppressively politicized character of academic literary studies today, it took courage and conviction to found a new literary society in 1994. The Association of Literary Scholars and Critics is dedicated to the study of literature as a source of pleasure and insight. This would be banal were it not for the way in which culture wars, identity politics, and race and (...) gender issues have come to dominate university literature departments. More than merely a handful of scholars wish to reverse this trend: in less than two years, the ALSC has grown to 1800 members and its first conference, held in Minneapolis, September 22–24, 1995, was a notable success.Because we favor a true pluralism, and like many others are tired of the predictable posturing that permeates so much literary scholarship today, we invited the ALSC to publish its first conference proceedings in our pages. The meeting offered much variety, with classicists and modernists, poets, fiction writers, and critics trading ideas on literature and aesthetics. Despite worries by its detractors that the ALSC represents reaction or blind traditionalism, there was a refreshing openness to the proceedings, with lucid examples of critical reading and topics from metaphor in Dickens and Auden’s Alcaic stanza in “In memory of Sigmund Freud,” to the Islamic influence on Dante’s Commedia—a connection that belies the charge that the Western canon is inevitably Eurocentric. If the ALSC can revive a sense of wonder before the greatest works of literary art and provide an alternative to the complacency and pretentiousness of contemporary theory, it deserves support from us all.For twenty years it has said on our inside back cover that Philosophy and Literature “owes allegiance to no particular school or style of criticism or philosophy.” Our only loyalty is to literature and philosophy; they constitute our field of interest. It has never been our aim to adopt the correct ideology. We remain skeptical of ideological commitments and will continue to publish exciting jargon-free articles representative of the entire spectrum of approaches to literature and philosophy.Copyright © 1996 The Johns Hopkins University Press... (shrink)

Muʽtazilah is one of the kalām schools in which intellectual freedom is seen the most and therefore divergences within the sect are the most common. Although al-usûl al-ḥamsa/five principles constitute the main framework on which Muʽtazilah has agreed, opposing ideas have emerged within the sect on the principles of ʽadl (divine justice) and al-manzilah bayna al-manzilatayn and on the issues of nature and imamah. As a matter of fact, Muʽtâzilī scholars wrote many refutations to each other on the disputed issues. (...) One of those who have opposing views within the Muʽtazilah is Muḥammad b. Shabīb al-Baṣrī (d. mid 3rd/9th century), who lived between the end of 2nd and the middle of the 3rd century of hijra. Ibn Shabīb is one of the students of Ibrāhīm Ibn Sayyār al-Naẓẓām (d. 231/845), who was one of the leading scholars of Muʽtazilah. He initially opposed the principle of al-manzilah bayna al-manzilatayn, while he was Muʽtezilî, and accepted the Murji’ah approach on this issue. However, after he accepted the idea of irjā’, he continued his loyalty to Muʽtazilah with regard to the principles of tawhīd (divine unity) and ʽadl. Ibn Shabīb, who had a theological assembly of his own and is respected by the people in Baṣra, was an important scholar who stands out with his comprehensive knowledge of religious and philosophical schools of his time. In the doxographical tradition, his adoption of Murjī’ ideas is generally emphasized, except that he has not been referred to much. However, when the sources of kalām are examined meticulously, it is understood that he influenced many Muslim theologians with his works and views and that he was a source for them regarding many topics. The most important reason for this is that he was one of the first scholars to defend the Islamic belief against various philosophical and religious movements. Naturally, this situation provided him with a wide knowledge of religious and philosophical trends. Considering the quotations made from him, it is understood that he recorded this accumulation in a doxographical work. Another remarkable feature of Ibn Shabīb is that he was one of the first scholars to write in the genre of Kitāb al-Tawhīd. It is possible to see both contextual and methodological effects of this work in the quotations and narratives of Al-Māturīdī's book with the same name. What makes him different is that he adopts Muʽtazilī and Murjī’ ideas at the same time and develops a unique discourse on the subjects of grave sins and waʽīd (divine warning). Although he was raised in a strong tradition of thought such as Muʽtazilah, his ability to oppose his sect and his teacher Al-Naẓẓām and also to develop a different definition of faith despite accepting the doctrine of irjā’, makes him stand out as an original and intellectual personality. His different definition of faith is important in that it represents a more moderate approach to the issue of takfīr. For, he drew an encompassing framework based on the Quran and the Sunnah regarding the definition of faith and the conditions of takfīr, thus, he tried to preserve the unity of Muslims. He did not consider the denial of controversial issues that are not explicitly included in the Quran and Sunnah as a reason for takfīr. With this attitude, Ibn Shabīb took an important approach in ensuring social peace and free thought. In this article, all the information contained in Muʽtazilī sources, and doxographical works related to the life, scientific personality and theological views of Ibn Shabīb are gathered and analyzed, and then his theological thought is reconstructed based on these data. From this point of view, identifications and evaluations have been made regarding the issues that make him different and unique in the history of Muslim thought. (shrink)

Abstract:In providing an ethical guide for managers, the Clarkson Principles offer one part of a possible professional code, namely, that managers have a fiduciary duty—a duty of loyalty of the corporation’s stakeholders. However, the Clarkson Principles contain little advise for managers when they act politically to fashion the regulatory framework in which stakeholders negotiate. When managers participate in these arenas, I argue that they ought to assume a second fiduciary duty—a duty of loyalty to fair bargaining. Where the (...) first duty of loyalty pertains to the firm’s “constituents,” the second refers to the firm’s “constitution”—to the rules by which the firm’s stakeholders bargain and to the background conditions that distribute advantages. Together, these two fiduciary duties establish the large good—development as freedom—from which a managerial profession can mature. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Religious Epistemology Through Schillebeeckx and Tibetan Buddhism by Jason VonWachenfeldtRobert MagliolaRELIGIOUS EPISTEMOLOGY THROUGH SCHILLEBEECKX AND TIBETAN BUDDHISM. By Jason VonWachenfeldt. T&T Clark: London, 2021. 240 pp.In his "Introduction," Jason VonWachenfeldt explains the "crisis of authority" experienced by many religious believers, and then commits his book (hereinafter RET) to a "dialogic negotiation" offering middle ways between religious tradition and postmodernity. The "dialogic negotiation" is between the brilliant but controversial (...) Catholic theologian, Edward Schillebeeckx (1914–2009), and the brilliant but controversial Tibetan monk (then ex-monk), Gendun Chopel (1903–1951). They both deconstruct the epistemologies of their respective traditions, but insist on the orthodoxy of their "middle ways."VonWachenfeldt opts for Aaron Stalnaker's methodology of "bridge concepts" (topics enabling interfaith comparison) and the comparison of two "historically situated" individuals (13). He names "religious epistemology" as RET's "bridge-concept," and to further facilitate comparison, three epistemological "categories" are posited: "perspectivalism, hermeneutics, and apophaticism" (64). Schillebeeckx's "phenomenological Thomism" constitutes his perspectivalist first phase, and holds that revelation includes both a "concrete-existential" and non-conceptual "implicit intuition" of the divine reality (32). There is an antinomy between the individual's act of abstraction and the "implicit intuition" of the "reality of God in Godself" (33).Chopel's negative way is more extreme. Chopel is a Madhyamakin but rejects Prāsaṅgika-Madhyamaka's version which affirms the "conventional validity" of the mundane. For Chopel, all formations lack even conventional validity but "common [End Page 404] beings" falsely affirm them (35). The few "noble ones" (the enlightened) are those aware of pure emptiness (understood as "absence," not "openness"). Schillebeeckx's second phase affirms that one is embedded in ongoing history and cannot escape mundane finitude. God must be seen as "mystery" active within it (45). Chopel's second phase extends the notion that an unbridgeable chasm exists between the conventional and the ultimate but that the Buddha can manipulate the mundane so the leap to enlightenment can occur (49). Schillebeeckx's third phase practices a "negative realist metaphysic": The individual encounters the "really real" external to oneself only by way of "glimpses negative in nature" (58). Chopel's apophaticism describes ultimate reality in terms of a "nonaffirming negative" (63).Next, RET treats the role of religious community in knowledge formation (67). For Schillebeeckx, our "non-divine finitude is precisely the place where the infinite and the finite come most closely into contact" (90). The later Schillebeeckx retains loyalty to the institutional Church but because of the finitude of language and human nature he deems it necessarily subject to critique (92). Chopel practices a "pious skepticism" (97), and increasingly satirizes institutional monasticism (circa 1934, he disrobes). Addressing the role of historical founders of religions, Schillebeeckx maintains that theology should shift from an unsalvageable truth lost in the past to the more eschatological language of "the [always] Coming One" (123). Jesus's epistemological authority does not reside in his ability "to supply answers" as much as it is to open up individuals to "a future reality in the making" (148). Honorific titles such as "Savior" or "Christ" as such are not serviceable. Jesus's story is an exemplar of how to construct meaning in our lives by the "praxis" of helping the suffering. Chopel likewise demythologizes Sakyamuni Buddha (151), but—unlike Schillebeeckx—insists he does so endogenously. For example, he enters the definitive/provisional (nītārtha/neyārtha) debate, but argues that all the teachings of Śākyamuni are both—they are definitive for those whom they help toward emptiness and merely provisional for all others (157, 158).RET's chapter 5 addresses the authority of personal experience in the apophatic knowledge of ultimate reality. How is it possible for "true knowledge" to be "primarily experiential in nature as distinct from being conceptually or linguistically based?" (163). Schillebeeckx holds that our very experience of human finitude brings us negatively in contact with the "unknown ultimate reality itself" (169). He maintains that the apparent lack of ontological contact between beings and ultimate reality (God) is "one-sided," persisting only from the side of our finitude and not from the side of ultimate reality: Though humans can never directly... (shrink)

The movement for ‘military preparedness’ in America and Britain gained tremendous momentum at the turn of the century. It assimilated the cult of manliness — the key public virtue, which allowed a person to claim possession of himself and a nation to reclaim possession of itself. An army was the means of marshalling a mass of people for regeneration. The symbol of a nation's preparedness to take control of its own soul was the readiness to bear arms. Although this movement (...) originated in the middle-class, Protestant cultures of the USA and England, its core ideas were adopted by many political movements. Affected by these ideas, as well as the formation of the Protestant Ulster Volunteers in 1913, a movement to reclaim Irish independence through the mass bearing of arms began in South and West Ireland in autumn 1914. Women were excluded from these Volunteer companies, but set up their own organization, Cumann na mBan, as an auxiliary to the men's. The Easter Rising in 1916 owed as much to older ideas of the coup d'état as new ideas of mass mobilization, but subsequent history recreated that Rising as the ‘founding’ moment of the Irish republic. It was not until mass conscription was threatened two years later that the mass of people were absorbed into the idea of an armed campaign against British rule. From 1919 to 1923, the reality of guerrilla-style war pressed people into a frame demanding discipline, secrecy, loyalty and a readiness to act as the prime nationalist virtues. The ideal form of relationship in war is the brotherhood, both as actuality and potent myth. The mythology of brotherhood creates its own myths of women (as not being there, and men not needing them) as well as creating the fear and the myth that rape is the inevitable expression of brotherhoods in action. Despite explicit anxiety at the time about the rape of Irish women by British soldiers, no evidence was found of mass rape, and that fear has disappeared into oblivion, throwing up important questions as to when rape is a weapon of war. The decade of war worsened the relationship of women to the political realm. Despite active involvement as ‘auxiliaries’ women's political status was permanently damaged by their exclusion as warriors and brothers, so much so that they disappear into the status of wives and mothers in the 1937 Irish Constitution. (shrink)

It is a mark of our age that the long-standing relations between politics and religion founded long ago along the axis of liberal-democratic principles have turned out to appear problematical. Recently raised religious demands and movements put on the agenda a common question: to what extent are such demands and movements compatible with the principle of the peaceful co-existence of diverse cultural forms, which is the essential reference point of any democratic imagination? It a cliché that fundamentalism understood as the (...) opposite of temperateness in holding and practically following up religious convictions constitutes the limit for tolerating religious demands and movements within liberal-democratic regimes. Such a quantitative distinction between fundamentalism and “moderate” forms of religiosity paradoxically work out for the increase of tension between religiosity and democratic political life, because it implies that non-fundamentalist forms of religiosities are indeed “diluted” forms, while fundamentalist forms represent genuine and uncompromising loyalty to the religious creed. This paper investigates the possibility of making a qualitative distinction between fundamentalist and non-fundamentalist forms of religiosity by employing the categorical duality between zealotry and piety, which can then serve as the criterion for the acceptability of religious demands and movements within democratic political spheres. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Josiah Royce: Pragmatist, Ethicist, Philosopher of Religion ed. by Christoph Seibert and Christian PolkeRobin FriedmanJosiah Royce: Pragmatist, Ethicist, Philosopher of Religion Christoph Seibert and Christian Polke, editors. Mohr Siebeck, 2021.In October 2015, the Warburg Haus, Hamburg, held a conference on the American philosopher Josiah Royce that brought together German and American scholars. The papers given at the conference led to this new book, Josiah Royce: Pragmatist, Ethicist, Philosopher (...) of Religion. Edited by the German scholars Christoph Seibert and Christian Polke, the volume includes eleven essays, nine delivered at the 2015 conference, together with additional contributions by Seibert and Polke, the conference organizers.It is valuable to see contemporary German scholars engaging with Royce and to compare their approach with that of American scholars. Americans tend to approach Royce through the tradition of pragmatism in the company of William James, Charles Peirce, and John Dewey, and to minimize the metaphysics in Royce's thought and its idealistic influences. [End Page 116]The book has the goal of developing Royce's thought to show how its insights and concerns may be valuable for contemporary life, not only for scholars of differing philosophical traditions. In their Introduction, Seibert and Polke describe Royce as a "pragmatist of his own kind" (3) and identify three themes in his philosophy. The first is community, which was central to Royce from the beginning and, following his serious study of Peirce, "became the ultimate principle of both his metaphysics and his philosophy of life" (3). The second theme is religion, which, for Royce, involved the "search for the ultimate meaning of his own life, as well as that of his fellows' lives" (3). The third broad theme in Royce is ethics and a lifelong concern with the nature of the examined life. Royce developed his ethical philosophy from an original critique of moral skepticism to the "never-ending task of building communities within and through mankind by way of a critical spirit of true and mutual loyalty" (3). Among these three, the editors consider religion as the most important. They state: "[R]eligion is a very important theme of Royce's philosophy: one may even assume that it is the central subject, which implies that his philosophy may be properly understood only if it is regarded as a philosophy of religion" (8). The centrality of religion is apparent in the essays. Consideration here must be brief.The book's first section, "Bridging Two Continents: Royce between Pragmatism and Idealism," includes three broad-ranging essays that work toward a synthesis between pragmatism and idealism in the thought of Royce. Ludwig Nagl's contribution, "Toward a Global Philosophical Discourse on Religion," discusses Royce's posthumously published "Lectures on Modern Idealism." Nagl uses this work, together with Royce's adaption of Peirce, to help create a bridge between pragmatism and idealism. He further explores Royce's interest in Eastern religion to suggest how Royce's thought might support a broad philosophical study of religion, not restricted to Christianity. Co-editor Seibert's article, "The Ethical Nucleus of Reality," focuses on Royce's epistemology and his ethics, while touching briefly on religion. The essay shows how Royce combined pragmatic and idealistic threads from his earliest writings, with particular attention to his book The Spirit of Modern Philosophy (SM). Royce's SM is also central to the American philosopher Douglas Anderson's essay "What Philosophy Meant to Josiah Royce." In SM, Royce argues that philosophy constitutes a critical reflection on experience that may be practiced by every person, not only by professional philosophers. Anderson, however, also identifies and criticizes a more elitist, professional aspect in Royce's conception of philosophy. For Anderson, Royce's thought had a pragmatist dimension in that philosophy was a "voluntarily chosen attitude toward conducting our lives" (80). Royce's thought also was idealistic [End Page 117] in its recognition of the finite character of human life and in the search for the whole. Anderson writes that, for Royce, "to understand our experiences and to gain some control of our futures, we must see those experiences in their relations to all of what is—no easy task" (80).The book's second section includes... (shrink)

Are federal prosecutions of non-federal officials for corruption likely to improve non-federal government? This essay suggests that such prosecutions can undermine the distinctive style of democracy at the state and local level, an effect that can be harmful to democracy in America overall. This conclusion rests on a larger argument about the different nature of federal and non-federal democracy in the United States. To insure that each official maintains impartial loyalty to values defined by a single, popularly accountable policymaker, (...) the federal system of bureaucratic populism strictly separates the officials’ public and private interests, through various devices such as civil service protection for executive officials, Article III life tenure, and fixed salary for federal judges, specialized training for federal officers, and conflict-of-interest rules that bar federal officers from acting when their judgment could be compromised by private interests. By contrast, participatory populism rejects this separation of the public and private spheres, instead mixing professional and lay decision-making by using thousands of part-time, under-paid executive and legislative officers who are expected to have substantial private interests in the communities that they represent. The essay argues that each style of democracy has mutually exclusive advantages and disadvantages. However, enforcement of federal anticorruption law against non-federal democracies can undermine their system of mingled private and public interests, reducing the degree to which such governments can provide laypersons with opportunities for political activity. As an illustration of the overextension of federal criminal law, I examine the First Circuit’s interpretation of 18 U.S.C. §§ 1341 and 1346, the federal mail fraud statute in United States v. Sawyer. Sawyer comes dangerously close to declaring that any undisclosed state or local officer’s conflict of interest constitutes a violation of § 1346 when it involves the U.S. mails. I argue that this view of § 1346 is an error. Participatory populism requires that private and public tasks be closely mingled in ways that bureaucratic populism forbids. Undoubtedly, this mixture of public and private creates a risk that public office will be used for private gain. However, it also avoids some of the bureaucratic sclerosis and lack of lay participation that can be endemic to the more centralized federal tradition. In conclusion, I suggest that federal prosecutors ought to content themselves with using § 1346 to enforce already-existing state criminal conflict-of-interest rules, for the sake of preserving a place in our federal regime for participatory populism. (shrink)

In order to move towards an Ethic of Accounting, one must start by defining the function and role of the accountant. This in turn depends to a great extent on the identity of the client or whatever party the Accountant owes his loyal agency to. The issue is one of cardinal importance, and it is perceived as such by the accountants themselves. Loeb for instance says that the client-identity issue is overriding importance now, and will become even more crucial in (...) the immediate years ahead. The question of what constitutes ethical behaviour on the part of the accountant will depend then upon the relation within which such ethical behaviour will have to be deployed.The main question raised in this paper will therefore be, is the accountant primarily engaged by one client (whether an individual or a corporation) to act as their agent, deal with their problems by loyally advancing their interests to the best of his professional competence, although within the limits imposed by law and morality? Or is the public sector to be considered the principal target of the accountant's resolute professionalism and unswerving loyalty? (shrink)

Events such as industrialization, population growth and old age have made the disability more visible. We think that the disabled people's attitude towards being disabled and religion is an important issue to be investigated in terms of formation of the social sensitivity about the learning of the thoughts of disabled people. In this context, it is aimed to investigate the function of the religion in terms of how the disabled identify, understand and overcome the problems related to being disabled. The (...) sample of the study consisted of 58 people, 20 (34.5%) female and 38 (65.5%) male. Semi-structured interview technique was used as the research qualitative research method and descriptive analysis technique was used in the analysis of the data. In the article, the relation between disability and religion has been tried to be understood in terms of sociology of religion in the context of functionalist approach. In general, disabled people evaluate disability (81.1%) as "examination", (10.3%) as "problem" and (8.6%) as "difference”. It is concluded that religion affects the thoughts of disabled person in a positive way to understand and accept the disability. It has been seen that the disabled people have applied to the state, social support systems and spiritual values ​​to overcome their problems. However, it is the duty of all social institutions to increase the social sensitivity to the disabled people.Summary: Events such as industrialization, population growth and old age have further increased disability. It is important that the social sensitivity towards disabled people and disabled people’s thoughts about disability should be learned. We think that the disabled people's attitude towards being disabled and towards religion is an important issue to be investigated. In this study, the functions of religion to overcome the problems related to the disability and the way how the disabled people define and understand the disability will be investigated. In this context, we think that an individual's overcoming the problems related to disability is an important issue that should be examined in terms of religion-referenced behavior.The sample of the study consisted of 58 people, 20 (34.5 %) female and 38 (65.5 %) male. Semi-structured interview technique was used as the research qualitative research method and descriptive analysis technique was used in the analysis of the data. In the article, the relation between disability and religion has been tried to be perceived in terms of sociology of religion in the context of functionalist approach.It is a fact that various approaches to disability in various societies have been made during the historical process. These approaches are known as moral, medicinal/medical, social, human rights and limitative models. Each of these approaches points to a specific direction and problems of disability. In other words, each model handles and predicts a different dimension of the subject.According to the Qur’ân, disability means not to be in a bodily sense, but to stay away from the truth and expressed in the way of not seeing the truth, not grasping and not hearing, that is, figuratively meaningful. Again from the point of view of the Qur’ân, the first cause of disability comes to people through the divine will and test. The others are due to people's own mistakes.The changing paradigm shift with the enlightenment process has changed the way people view each other. In this context, with the thought and modernization of enlightenment, people's view of human beings and environment has changed. The body which is thought as the trust of God has turned into a body in which one is his proprietor. Therefore, this situation brought the contest, the debate, the comparison and the alienation together.Today, people with disabilities face many financial, spiritual, social and cultural problems. Poverty arising from unemployment, livelihood, accommodation constitute financial problems that are the first to come to mind; access to places of worship, instruction of worship, fulfillment of worship, lack of spiritual care and support constitute spiritual problems; education, health, access and social exclusion constitute social and cultural problems.Disabled people ask themselves these questions related to disability: Why did it happen to me? If it is a test, why do not I start the test on equal conditions with healthy people? Here the disabled person consults the religion to understand and find an answer to the situation that he is in. Because religion is an important factor that responds to the search for meaning, it reduces the feeling of deprivation, and fulfills the task of compensation mechanism. In addition to this, religion gives life a goal and power to the person to overcome the problems he encounters with.In our research on the relationship between disability and religion, religion as in many subjects has contributed positively to the individual’s view towards the fact of disability and to overcome some problems. For example, as a result of the research, the participants evaluated "disability" (81.1 %) as ‘test’ (10.3%) as ‘problem’ and (8.6 %) as ‘difference’.They answered the question ‘How has the disability affected your religious thoughts?’, 71% of the participants expressed that it has affected in a positive way (as a test, made me closer to God, increased my loyalty to God, a motivation source). Besides, 23 % of the participants expressed that it hasn't caused any changes (already believed, fate, disability isn't an obstruct to worship) and 6 % of the participants expressed that it has affected in a negative way (my life is upside down, I am questioning this situation).In addition to those who answered the question ‘Has the disability affected your life?’ in a ‘positive’ way, there is a considerable amount of people who said that the entrances of the mosques are not suitable for the disabled people. In addition, the disabled people stated that they have problems with the way of worshipping (orthopedically disabled), listening to the Qur’ân, hearing the azan (hearing impaired), and cannot go to the mosques and cannot fast because of the health problems, all of which have affected their religious life in a ‘negative’ way. We can gather the answers given to the question in three categories about what kind of behaviors the disabled people do to overcome/eliminate problems. The first is that they receive a variety of services and assistance by applying to the state for material support in order to overcome the problems related to disability and the second is that the social support services are mainly given within the family and friends, and the third is they worship, pray and fast, which are must of Islam, to eliminate the spiritual distress.The rate of people, whose answers are ‘positive’ to this question ‘Does your religious belief have an effect to deal with the disability?’ because they believe the afterlife and who say they feel relieved by praying and worshipping, is very high (95%). Moreover, it is remarkable that the ones say they are ‘not positive’ still explain this with religious concepts such as test and examination which require patience. In short, religion relieves disabled people by fulfilling the task of compensation mechanism with understanding disability and overcoming problems.Almost half of the participants (45%) said no to the following question: Is there any kind of material/spiritual support given to you by the religious officials or religious people in your community? Some factors affecting this situation are that religious officials have no knowledge and education about how to treat disabled people and how to help them.As a result, disabled people face various financial and spiritual problems. They consult religion to solve some of these problems. The vast majority of the disabled consider disability as a test and a fate. Therefore, religion plays an important role for disabled people to understand disability and cope with it. Besides, disabled people have stated that they face various problems in fulfilling their worship and in accessing the places of worship. In this context, physically disabled people also need the supportive power of religion just like other disabled people. (shrink)

The obligations we owe to those with whom we share a valuable relationship (like friendship) cannot be reduced to the obligations we owe to others simply as fellow persons (e.g. the duty to reciprocate benefits received). Wallace suggests that this is because such valuable relationships are loving relationships. I instead propose that it is because, unlike general moral obligations, such valuable relationships (and their constitutive obligations) serve our normative interests. Part of what makes friendship good for us is that it (...) involves bonds of loyalty. Our lives go better if we are bound to others in this way. (shrink)

This paper gives a novel reading of the argument addressed by the Laws of Athens to Socrates in Plato's Crito. Many philosophers have suggested that the argument of the Laws is merely a weak 'rhetorical sop' to Crito. However, I offer an interpretation of that argument that brings out its plausibility, particularly in the context of the post-Oligarchic demos of early fourth-century Athens. For on Crito's plan, Socrates would have undermined a critical form of civic trust in Athens, not by (...) merely disobeying the sentence imposed on him by the jury, but by openly displaying the legal impunity of the rich. -/- We can call this 'legal trust.' By that coinage, I mean citizens' faith in their fellow citizens' willingness and ability to collectively defend the law---to enforce it against the powerful, and refrain from acting to undermine that capacity. When the members of a democratic political community recognize one another's commitment to their legal system, they are able to defend the laws that hold their democracy together; in such a state, the laws are both conceptually constitutive of democratic authority and practically necessary for democracy. -/- Taken in the context of the strategic structure of the Athenian legal system, in the appeal to the filial loyalty Socrates owed the Laws we can see just such an account of the interweaving of law, trust, and citizenship in the preservation of a democracy. The Laws demand that Socrates be trustworthy, and thereby refrain from undermining his fellow citizens' trust in them, where that trust is necessary for the citizens' collective defense of the democratic legal system; they make this demand on Socrates in virtue of the Laws' role in Socrates's identity as citizen. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Flavius Josephus and Flavian RomeErich S. GruenJonathan Edmondson, Steve Mason, and James Rives, eds. Flavius Josephus and Flavian Rome. Oxford: Oxford University Press, 2005. xvi + 400 pp. 8 black-and-white ills. Cloth, $135.Josephus is now coming into his own. Previously scorned as tendentious time-server and panderer to the powerful, he has received increasingly serious attention in recent years. Indeed, a veritable Josephus industry has emerged, with regular international (...) colloquia, a burgeoning number of publications, and major commentaries on individual works (and parts of works) in the course of publication though collaborative projects in both German and English. And properly so. Josephus for too long remained the province primarily of scholars in Jewish studies. Classicists, for the most part, marginalized or ignored him. That neglect seems quite myopic in view of the unusually large corpus and the importance of Josephus not only for Jewish history but also for classical literature and historiography, for the perceptions of imperial power by subordinate peoples, and for the place of "alien wisdom" in the intellectual and cultural world of the Roman empire. The shift toward fuller and closer scrutiny of Josephus' work by classical scholars is now well underway—and most welcome.The essays in this volume laudably promote that enterprise. They grow out of a stimulating conference held at York University in Toronto in 2001. The editors deserve credit for focusing on a critical but largely overlooked subject: the relationship of Josephus' work to the social, political, and cultural setting in which he wrote, namely that of Rome in the Flavian era. Unlike most conference volumes, the quality of the papers is uniformly high, and the collection as a whole unusually coherent. The volume is a model example of its genre.The Jewish war culminated in the destruction of the Temple in Jerusalem in 70 c.e. The consequences for Jewish history, of course, were momentous, a familiar and frequently explored topic. Much less studied but indispensable for an understanding of Josephus' work are the reverberations in Rome. The Flavian emperors exploited their victory to publicize, justify, and entrench a new imperial dynasty. Fergus Millar valuably surveys the monuments of Rome instituted to commemorate the conquest of Judaea: the arches erected for Titus, the Colosseum built with the spoils of the Jewish war (as Alföldy stunningly demonstrated a few years ago), and the Temple of Peace where the most celebrated objects [End Page 615] captured in Jerusalem were deposited. The Flavian public-relations spin not only celebrated military prowess but also made a pointed contrast with the age of Nero and underscored the arrival of a pax Flaviana. Advertisement of triumph over Judaea could hardly make the Jews of Rome comfortable, as Martin Goodman argues. He adds that imposition of the fiscus Iudaicus under Vespasian and malicious accusations under Domitian against those who lived like Jews but did not acknowledge their Judaism must have produced an oppressive atmosphere in the Flavian years. James Rives goes beyond this, arguing that the destruction of the Temple and the depositing of sacred objects represented a genuine effort to stamp out the Temple cult which, in Roman eyes, constituted a civic cult and a threat to imperial stability. Daniel Schwartz's paper, with different objectives, extends this theme still further. He points to the ostensibly anomalous decision to resume the administration of the Jewish state as a Roman province instead of bestowing it upon the Roman supporter Agrippa II as an enlarged kingdom. For Schwartz, this amounted to a decision to eliminate Judaea as a territorial entity, a decision reflected in the fact that the term Ioudaioi tended to lose its geographical connotation thereafter and became a designation for "Jews" rather than "Judaeans." The scene after 70, in short, was grim indeed. One might question some of the more speculative ideas expressed in these essays, such as Goodman's suggestion that "Judaizing" indicated opposition to the Flavian regime or Rives' notion that Rome regarded Jerusalem as a rival focus of loyalty in the empire. Nonetheless, the climate in Rome for a Jewish intellectual like Josephus, after the fall of Jerusalem, would not seem to have been the most hospitable and... (shrink)

Under a widespread understanding of the nature of moral obligation, one cannot be under an obligation to perform or omit an act and have a moral power to release oneself from one’s obligation. According to this view, being under an obligation necessarily entails relinquishing one’s sovereignty over the obligatory matter, that is, one’s capacity to control one’s own obligational world. This essay argues against such a view. I shall argue that by making what I will call a commitment, a person (...) assumes an obligation towards another on a given matter whilst preserving the power to release herself from her obligation. Commitments constitute morally obligatory acts over which’s obligatoriness those obliged always retain control. They constitute obligations over which obligors preserve moral sovereignty. I show that the notion of commitment sheds light on the structure of important moral phenomena such as some of our loyalty obligations, and, furthermore, that it reveals something central about the justification and scope of the law of contracts. (shrink)

At the age of twenty-five, Primo Levi was sent to Hell. Levi, an Italian chemist from Turin, was one of many swept up in the Holocaust of World War II and sent to die in the German concentration camp in Auschwitz. Of the 650 people transported to the camp in his group, only 15 men and 9 women survived. After Soviet liberation of the camp in 1945, Levi wrote books, essays, short stories, poetry, and a novel, in which he painstakingly (...) described the horrors of his experience at Auschwitz. He also spent the rest of his life struggling with the fact that he was not among those who were killed. In _Primo Levi and the Politics of Survival,_ Frederic D. Homer looks at Primo Levi's life but, more important, shows him to be a significant political philosopher. In the course of his writings, Levi asked and answered his most haunting question: can someone be brutalized by a terrifying experience and, upon return to "ordinary life," recover from the physical and moral destruction he has suffered? Levi used this question to develop a philosophy positing that although man is no match for life, he can become better prepared to contend with the tragedies in life. According to Levi, the horrors of the world occur because of the strength of human tendencies, which make relationships between human beings exceedingly fragile. He believed that we are ill-constituted beings who have tendencies toward violence and domination, dividing ourselves into Us and Them, with very shallow loyalties. He also maintained that our only refuge is in education and responsibility, which may counter these tendencies. Homer calls Levi's philosophy "optimistic pessimism." As Homer demonstrates, Levi took his past experiences into account to determine that goodwill and democratic institutions do not come easily to people. Liberal society is to be earned through discipline and responsibility toward our weaknesses. Levi's answer is "civilized liberalism." To achieve this we must counter some of our most stubborn tendencies. Homer also explores the impact of Levi's death, an apparent suicide, on the way in which his work and theories have been perceived. While several critics discount Levi's work because of the nature of his death, Homer argues that his death is consistent with his philosophy. A book rich in brutally honest philosophy, _Primo Levi and the Politics of Survival_ compels one to look at serious questions about life, tragedy, optimism, solidarity, violence, and human nature. (shrink)

To a student audience seduced by the claims of a ‘secular Christianity’, Professor Gordon Rupp once urged the combined loyalties of ‘worldmanship’ and ‘other-worldmanship’. The Muslim world shows little friendship to secularist ideologies which explicitly reject the eschatological dimension, but Muslims are increasingly involved in secularising processes; many of these are ‘Islamised’, if they are compatible with Islamic social or political ideals, and the stigma of bid‘ah , innovation, is thereby avoided. A Lebanese author, Muhammad Darwazah, in his Dustūr al-Qur’ (...) ānī , Cairo 1956, advocated a ‘Qur'ānic Constitution’ for the modern world since the Qur'ān’s world-view is both in-worldly and other-worldly: ‘Islam is a religion of the world , of government, society, morals and order, to the same extent as it is a religion of faith and belief and the next world .’. (shrink)

This article argues that ideology was of key-importance to the Soviet system. The rules which governed Soviet ideological discourse did not only hold for the producers of ideology but also aimed at filtering public communication. The respect people showed for an ideologically filtered discourse counted as a sign of loyalty. In this way ideology constituted a central pillar of power. The article presents the results of an analysis of political texts dating from the Gorbachev era. It concludes that the (...) Gorbachev reforms eroded the communication filter because they changed the rules on which ideological discourse and thus power rested. (shrink)

In 1910, Charles Richet suggested that studying individual variations in anaphylactic responses might both open a way to experimental investigation of the biological basis of individuality and help unify the immunological and physiological approaches to biological phenomena. The very opposite would happen however. In the next two decades, physiologists and immunologists interested in anaphylaxis and allergy experienced more and more difficulties in communicating. This divergence between the physiopathological and immunological approaches derived from discrepancies between the experimental systems used by each (...) of these scientific communities. Trying to develop a point of view that took into account all bodily reactions to stimuli, physiologists thought that individual variations between the laboratory animals they used (mainly dogs and cats) constituted important experimental data. Seeking to develop reproducible studies of infection, immunity and 'sensitisation', bacteriologists and immunologists considered that individual variations between the laboratory animals they used (mainly small rodents) constituted 'noise' and not a 'signal'. Each group's loyalty to the experimental models used in their discipline widened the gap between immunological and physiological explanations of allergies and led to the abandonment of studies on the biological basis of individuality. (shrink)

Social contract theory imagines political societies as resting on a fundamental agreement, adopted at a discrete moment in hypothetical time, that both bound individual persons together into a single polity and set fundamental rules regarding that polity's structure and powers. Written constitutions, adopted at real moments in historical time, dictating governmental structures, bounding governmental powers, and entrenching individual rights, look temptingly like social contracts reified. I argue in this article, however, that something essential is lost in the casual slippage between (...) social contract theory and the practice of constitutionalism. Enacted constitutions do not come into being against the background of a state of nature of isolated individuals; and by this I do not mean to invoke the too-familiar critique of the supposedly decontextualized liberal person, but rather to critique the aspiration to decontextualize the legal and political order. Constitutions are enacted in ongoing societies (whether newly politically sovereign or otherwise) with pre-existing laws and legal systems, political organizations, cultural and linguistic and religious divisions, and norms and mores. Moreover, the practice of constitutionalism is usually, at least in part, a practice of reconciling those legacies to a new political order, of making use of those legacies to build loyalties to or counterbalances against the state (or both). Most constitutions cannot be well-understood by retrospectively characterizing them as the kind of complete and radical break with the past envisioned by social contract theory. Contractarian blinders lead us to look for greater individualism, greater social unity, and greater coherence of principles than can actually be expected of constitutions or constitutionalism. Real constitutional orders appropriate, incorporate, and channel the histories and divisions of the societies they govern. Treating them as if they are social contracts will flatten and distort them, making those engagements with the past or with social plurality appear anomalous and encouraging their minimization. I aim to redirect some of our attention to non-contractarian constitutionalism, or non-contractarian strands within constitutionalism, both as intellectual inheritance and as lived practice. Non-contractarian elements persisted in constitutional theory across the apparent break of the late 1700s, even though these have to some degree been lost sight of more recently; and they have persisted and should persist in constitutional practice. (shrink)

Although solidarity is a key issue in sociology, surprisingly little attention has been given to the question what constitutes solidarity from a sociological perspective. In this paper I suggest a concept of solidarity which might work as a general framework for theoretical and empirical investigations. The central idea is that solidarity norms make up the core of the concept. Solidarity norms demand from their addressees that they transfer resources without compensation either to a collective or to individuals. It is argued (...) that there are two levels of solidarity to be distinguished: (1) the level of social systems where solidarity is manifested in solidarity norms and (2) the level of individuals where solidarity is embedded in commitment to solidarity norms. I differentiate between four universal solidarity norms which can be found in associations on every level of social aggregation: norms of provision, of sharing, of supporting, and of loyalty. (shrink)

This article employs the methodology of public choice, or constitutional political economy, to the question of how citizenship should be defined in a constitution. All members of a community or an assembly representative of all members writes a constitution. Each participant in the constitution-drafting process is uncertain of his or her future identity under the constitution and thus chooses a constitution that maximizes the expected utility of all future citizens. The article describes the optimal conditions within this framework for: (...) granting citizenship to those born and raised in the country; granting citizenship to those immigrating into the country; and withdrawing citizenship from those who emigrate from the country. The article also discusses why it might be desirable to require that people pass certain tests and take a loyalty oath to the constitution before being awarded the privilege of voting. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Josiah Royce on RaceIssues in ContextJacquelyn Ann K. KegleyAll philosophy, whether or not we want to admit it, is done in a context, filtered through lenses that are personal, intellectual, historical, cultural, social, and political. Thus to fairly treat and fully understand Royce's views on race, we must set a situational framework. First, Royce's 1906 article entitled "Race Questions and Prejudices" is the lead piece in a collection that (...) implements his philosophy of loyalty. It applies his principle of loyalty to what he considers one of the most significant social/political issues of his time—the race question. As we discuss Royce and race issues, the philosophy of loyalty must be in the background as a point of reference. Indeed, Royce tells us that he will address the various questions in his article "Race Questions and Prejudices" by calling attention to "a few principles which seem to me to be serviceable to any one who wants to look at race questions fairly and humanely" (6).Secondly, except for W. E. B. DuBois and Jane Addams, no other major figure associated with pragmatic philosophy substantially addressed issues of race and racism in their written work, nor did anyone so early in the twentieth century as did Royce. DuBois's The Souls of Black Folk, which came out in 1903, immediately preceded Royce's article. Jane Addams briefly touched on race issues in her 1915 Democracy and Social Ethics. Alain Locke, who sought to study with Royce at Harvard but could not because of Royce's premature death, gave his "Lectures on the Theory and Practice of Race" in 1915, but they were published posthumously. John Dewey's "Race Prejudice and Friction" appeared in 1922. There is an absence of treatment of race issues in George Herbert Mead, Charles Sanders Peirce, and Alfred North Whitehead. Thus Shannon Sullivan and I agree that Royce stands out in the history of classical American philosophy in taking an antiracist focus on race questions when very few philosophers—especially white male philosophers—took scholarly time to think about these issues.1 [End Page 1]Another important context for Royce's article is the political climate of the time. Royce identifies the era as one in which there were "more ways and places in which men find themselves in the presence of alien races with whom they have to live in the same social order" (4). It was a time of "white anxiety." In 1905, Theodore Roosevelt gave his famous "On American Motherhood" speech in which he warned of white "race suicide" if white families continued to reproduce at a slower rate than other races. Thus, Royce was speaking and writing against racism in a time of anti-immigration and proimperialism sentiment due to white anxiety in the United States about the possible decline of global white supremacy. It is in this setting that Royce highlights the color line as a significant problem.Royce states the problem as follows:This is the problem of dealing with the men who seem to us somehow very widely different from ourselves in physical constitution, in temperament, in all their deeper nature, so that we are temped to think of them as natural strangers to our souls, while nevertheless we find that they are stubbornly there in our world and that they are men as much determined to live as we are, and are men who, in turn, find us as incomprehensible as we find them.(5)With increased contact among different populations, the age-old problem of how to deal with people who seem different from one's own group intensifies. There will be, says Royce, numerous questions including those of superiority-inferiority, power and sovereignty, and a new assessment of the ways in which these "different" people might be helpful or perilous to one's own group interests. Royce notes that one cannot assume an automatic answer. He asks, "Is it a ‘yellow peril,' or a ‘black peril,' or perhaps after all, is it not rather some form of ‘white peril' which threatens the future of humanity in this day of great struggles and of complex issues?" (6). With the question posed in this... (shrink)

Abstract:In this paper, I suggest that the moral incompetence in narcissism is associated with a particular type of emotional incompetence, namely the incompetence to experience the moral emotions, such as empathy, solidarity, loyalty, or love. I then move on to discussing the ethical ramifications of this incompetence, primarily from the point of view of sentimentalist ethics, and conclude that emotional incompetence does not in fact reduce the moral responsibility of a narcissist person, whether diagnosed with Narcissistic Personality Disorder or (...) not. My argument is based on the three criteria of moral responsibility proposed by Philip Pettit, namely those of value relevance, value judgment, and value sensitivity. I suggest that a sentimentalist ethical perspective entails that the satisfaction of two of the mentioned criteria (awareness of the social meaning of one’s choices and sufficient control of one’s actions) constitutes a moral obligation for the agent to satisfy the third criterion, namely to develop the appropriate moral sensibility and competence to actually choose morally correctly. This type of structure of obligation elucidates why narcissism is at the same time a moral failure and a psychopathology. At the same time, my argument portrays narcissism as a particular type of personality disturbance that almost uniquely reaffirms the role of moral re-education as the psychotherapeutic approach. This conclusion points to a potential revival of some of the precepts of Pinel’s affective psycho-pathology, dating back to the very beginnings of the psychotherapeutic clinic. (shrink)

The article explores various aspects of understanding Paul. It focuses on his use of the expression ‘the gospel of God’ as the ‘good news’ that originates with God (a subjective genitive) and one that is about God (an objective genitive). The article argues that the cross and resurrection constitute the core of Paul’s message and that this message demands a new ethos because of the ‘dying and rising’ in participation with Christ Jesus. For Paul, the messianic era had already commenced. (...) In Paul’s point of view, the heart of the gospel was the announcement of a historical happening, namely the crucifixion of the historical Jesus which is connected to another ‘event’, namely the resurrection of Jesus, which does not qualify as history. For Paul, faith is engagement with the kerygma, and not a kind of loyalty to inherited religious customs. Faith implies undivided loyalty, a personal decision and commitment to believe what is proclaimed. (shrink)

One of the most tragic events throughout Islamic history is undoubtedly the Karbala disaster. The murder of Hussein and his family members by the Umayyad forces in Karbala went down in history as a tragedy that left deep scars not only during the time it occurred but also afterwards. This tragic event had a great impact in the Islamic world and led to important political and religious consequences. At every stage of the Karbala incident, the activities of Madhhij came to (...) the fore in a striking way. These activities are of great importance for understanding the Karbala incident. At the beginning of his journey to Karbala, letters from Kufa inviting him to the city played an important role. Madhhij were among those who sent some of these letters of Madhhij. Their loyalty to Husayn and their invitation to Kufa can be interpreted as a sign of sincere support and devotion at first glance. However, as we get closer to Karbala, the picture that emerges reveals an unexpected contradiction. Madhhij, he backed away from his support for Husayn and exposed him to the threat of the Umayyad army. Although the reasons behind this contradictory attitude are not fully known, there are some possible factors. Concern about not getting the support of the people of Kufa, pressure and threat from the Umayyad governor, Factors such as despair that Husayn would win may have influenced the attitude of the Madhhij. It constitutes an important part of this invitation and The fact that some of the people who called Husayn to Kufa were members of the Madhhij brings this tribe to the center of the incident. This situation makes the Madhhij more than just a figure in the Karbala incident, they are ıt becomes a factor that forms the basis of Husayn's departure to Kufa. Your tribe, The fact that they openly demonstrated their loyalty to Husayn and their belief in his invitation by going to Mecca further deepens the political and religious dimensions of the event. This brave and important step of Madhhij was made by despite the difficulties Hussein faced in Kufa, it also strengthened his determination to fight for right and justice. In this way, Madhhij became more than just a tribe in the Karbala incident, It has become a symbol representing Hussein's cause and principles. Muslim b. Akil used as a meeting place during his journey to Kufa was built by Madhhij Hani b. The fact that it belongs to Urve is of great importance in shaping the work. This is an important detail that allows us to better understand the background of the incident and the relationships of the parties. One of the most striking events that took place during this journey was the visit of Ubeydullah el-Cu'fi from Madhhij to his refusal to help Hüseyin and the regret he felt later. This incident reveals both the tension of the political atmosphere at that moment and the regret Ubeydullah experienced later. This tribe is on both sides of the massacre, revealing the complexity and contradictions of the event. When the disaster of Karbala ended, Madhhij appeared before Ubeydullah with seven severed heads. In some political and religious movements that emerged after the Karbala disaster, it is seen that the same tribe members played a leading role in Mukhtar es-Sekafî's rebellion. This situation is very important as it shows the deep impact of Karbala and how the tribe members were affected by this event. Those who served as commanders in the Mukhtar's rebellion, which was described as revenge for the Karbala disaster, were also members of the Madhhij. Some Madhhij figures who played an active role before and after the Karbala disaster are among the factors that increase the importance of this study for Madhhij. These figures are Amr b. Hajjac, Hânî b. Urve, Sinan b. Enes, Nafi' b. Hilal and İbrahim b. He is Malik al-Ashtar. The fact that the Madhhij tribe did not take a collective action in the Karbala incident necessitated individual evaluations. In this context, the role and attitude of each member of the tribe in the incident will be discussed separately. In this study, the attitudes taken by the tribe members, starting from before the Karbala incident and leading to the outcome, will be examined. The incident will be covered from its inception, focusing on how the tribe responded at each stage. The purpose of the study is to analyze how the attitudes of tribal members affected the event and contributed to the final outcome. (shrink)