Need-claims are ubiquitous within moral and political theory. However, need-based theories are often criticized for being too narrow in scope and too focused on the material preconditions for leading a decent life for grounding a substantial theory of social justice. The aim of this paper is threefold. Firstly, it will investigate the nature and scope of needs by analysing existing conceptualizations of the idea of needs. In so doing, we will get a better understanding of needs, which will help us (...) to carve out the importance and singularity of basic need claims. Secondly, on the basis of the analysis of needs, it will argue for the concept of a fundamental interest in free social agency, which is much better suited than the idea of basic needs actually to ground a theory of social justice, as it highlights the social and institutional conditions for free agency. Thirdly, using the distinction between basic needs and fundamental interests, it will clarify their respective role in and importance for grounding moral principles. Overall, the paper offers a friendly critique of need-based theories, while arguing for a shift of focus to the idea of fundamental interests. (shrink)

Please send me an email (fabian[email protected]) if you wish to receive a copy of the book. — 'In this highly ambitious, wide ranging, immensely impressive and ground-breaking work Fabian Dorsch surveys just about every account of the imagination that has ever been proposed. He identifies five central types of imagining that any unifying theory must accommodate and sets himself the task of determining whether any theory of what imagining consists in covers these five paradigms. Focussing on what he (...) takes to be the three main theories, and giving them each equal consideration, he faults the first two and embraces the third, which argues that imagining is a special form of mental agency. The scholarship is immaculate, the writing crystal clear and the argumentation always powerful.' (Malcolm Budd). (shrink)

This book collects published and unpublished work over the last dozen years by one of today's most distinguished and provocative anthropologists. Johannes Fabian is widely known outside of his discipline because his work so often overcomes traditional scholarly boundaries to bring fresh insight to central topics in philosophy, history, and cultural studies. The first part of the book addresses questions of current critical concern. The second part extends the work of critique into the past by examining the beginning of (...) modern ethnography in the exploration of Central Africa during the late nineteenth century: the justification of a scientific attitude and the collecting of ethnographic objects. A final essay examines how the Congolese have returned the 'imperial gaze' of Belgium by the work of critical memory in popular history. The ten chapters are framed by two meditations on the relevance of theory and the irrelevance of the millennium. (shrink)

Este ensaio tem como objetivo afirmar a leitura e a escrita enquanto processo ativo tradutório, por meio da reimaginação do Texto de Partida As cidades invisíveis, redigido em 1972 pelo autor italiano Ítalo Calvino. O ensaio é tecido mediante a noção de fragmentos, tal como entendido por Tavares, em que a escrita se constitui como uma experimentação do pensamento. Toma como ponto de partida as pistas deixadas pelo viajante Marco Polo, na obra de Calvino, a qual foi lida e reinventada (...) pelos acadêmicos do Curso de Pedagogia de uma Instituição de Ensino Superior localizada no interior do Rio Grande do Sul. Um Roteiro de Procedimentos Escrileitores – escritura e leitura – das Cidades de Calvino foi disponibilizado aos estudantes, tendo como proposição mostrar nove regras, cujo objetivo consistiu em servir à operação tradutório-inventiva. A partir delas, os estudantes arriscaram uma leitura ativa e uma escritura viva, ou seja, uma escritura tradutória, que não visa à recuperação literal do texto, mas privilegia uma escrileitura inventiva e traduções-reinvenções. Como aporte teórico, o texto aproxima-se do pensamento da diferença, de Roland Barthes, de Gilles Deleuze, além das teorizações da tradução literária propostas por Haroldo de Campos. Trata-se de experimentar a prática da leitura e o ensaio da escrita gerando novas interpretações ao Texto de Partida. Nesse sentido, ler-e-escrever configuram-se como uma prática aberta, jamais definitiva e tampouco estática. Em síntese, o texto propõe defender que os Textos de Partida são sempre fisgados pelos processos tradutórios e, por isso, novamente reinventados via leitura e escrita em Textos de Chegada. Palavras-chave: Tradução. Recriação. Pedagogia. Educação. (shrink)

Name der Zeitschrift: Das Mittelalter Jahrgang: 20 Heft: 2 Seiten: 362-379.

This book explores the morality of compromising. The author argues that peace and public justification are values that provide moral reasons to make compromises in politics, including compromises that establish unjust laws or institutions. He explains how it is possible to have moral reasons to agree to moral compromises and he debates our moral duties and obligations in making such compromises. The book also contains discussions of the sources of the value of public justification, the relation between peace and justice, (...) the nature of modus vivendi arrangements and the connections between compromise, liberal institutions and legitimacy. In exploring the morality of compromising, the book thus provides some outlines for a map of political morality beyond justice. (shrink)

Feminism controversially, but fundamentally, influences why and how women's groups become implicated in politics. The debates around the meaning of feminism and the practice of feminist activism have established a discourse and created common melodies as well as some dissonance among women's groups in Hungary. This article discusses different interpretations of women's status that affect how Hungarian feminism has developed in what the author sees, contrary to a more common view, as an East—West continuum. The article analyzes how women's groups (...) in Hungary create affiliations and relate to the West, both ideologically and materially. The article unfolds the many different forms of Hungarian women's groups according to different `layers' of feminist consciousness. A vital element in forming these layers has been anti-feminism and how it has sometimes hindered consciousness or perhaps made some `differently sensitive'. Subsequently, the article uses a feminist reinterpretation of politics — women's interpretations of what belongs to the private and public spheres — without which, the author claims, contemporary women's activism in Hungary cannot be understood or even seen. The author argues that the interlocking forms of political actions among women's groups shape the postCommunist arena, although this shaping may be less immediately visible to the casual observer. (shrink)

According to the Budget Approach proposed by the German Advisory Council on Global Change (WBGU), allocating CO2 emission rights to countries on an equal per-capita basis would provide an ethically justified response to global climate change. In this paper, we will highlight four normative issues which beset the WBGU’s Budget Approach: (1) the approach’s core principle of distributive justice, the principle of equality, and its associated policy of emissions egalitarianism are much more complex than it initially appears; (2) the “official” (...) rationale for determining the size of the budget should be modified in order to avoid implausible normative assumptions about the imposition of permissible intergenerational risks; (3) the approach heavily relies on trade-offs between justice and feasibility which should be stated more explicitly; and (4) part of the approach’s ethical appeal depends on policy instruments which are “detachable” from the approach’s core principle of distributive justice. (shrink)

Adorno notoriously asserted that there is no 'right' life in our current social world. This assertion has contributed to the widespread perception that his philosophy has no practical import or coherent ethics, and he is often accused of being too negative. Fabian Freyenhagen reconstructs and defends Adorno's practical philosophy in response to these charges. He argues that Adorno's deep pessimism about the contemporary social world is coupled with a strong optimism about human potential, and that this optimism explains his (...) negative views about the social world, and his demand that we resist and change it. He shows that Adorno holds a substantive ethics, albeit one that is minimalist and based on a pluralist conception of the bad - a guide for living less wrongly. His incisive study does much to advance our understanding of Adorno, and is also an important intervention into current debates in moral philosophy. (shrink)

Sufficientarian libertarianism is a theory of justice that combines libertarianism’s focus on property rights and non-interference with sufficientarianism’s concern for the poor and needy. Persons are conceived as having stringent rights to direct their lives as they see fit, provided that everyone has enough to live a self-guided life. Yet there are different ways to combine libertarianism and sufficientarianism and hence different types of sufficientarian libertarianism. In the article I present and discuss three types, and I argue that the last (...) one overcomes the problems of the other two. The first type combines libertarianism with a sufficiency principle in what is sometimes called the ‘ethics of distribution’. The second incorporates modest welfare rights into a libertarian theory of justice. The third endorses a sufficientarian Lockean proviso for practices of private property within a libertarian theory of justice. I argue that it is superior to the others. (shrink)

Economists, in stressing the prescriptive implications of their analysis, typically have ignored the potential contributions of their theorems and methodological principles to the understanding of human behavior as an end in itself. The purpose of the paper is to establish the principle, by detailed reference to the literature of economics, that the 'deductive pattern of explanation' constitutes a valid approach to the general study of human behavior. As such, it is a potentially useful method of analysis in the other social (...) sciences. Literature from the philosophy of social science bearing on the applicability of deductive theory to the study of human behavior is subjected to detailed critical analysis. (shrink)

Der vorliegende Aufsatz stellt Kooperation und Konkurrenz als zwei zentrale Mechanismen in den Vordergrund, die zur Etablierung des Instituts für Sozialforschung (IfS) und der Entstehung der „Frankfurter Schule“ im Laufe der 1950er Jahre geführt haben. Nach ihrer Rückkehr aus dem amerikanischen Exil nach Frankfurt am Main kooperierten die Leiter des IfS, Max Horkheimer, Friedrich Pollock und Theodor W. Adorno mit amerikanischen Militärbehörden, westdeutschen Erziehungspolitikern, deutschen Soziologen und Professoren an der Universität Frankfurt in der Absicht, die deutsche Bevölkerung im demokratischen Sinne (...) zu erziehen und das IfS wieder zu etablieren. Für diese Kooperation war entscheidend, dass alle genannten Akteure ein gemeinsames Ziel vor Augen hatten, nämlich die Demokratisierung Westdeutschlands und die Konstituierung der Soziologie als „Demokratisierungswissenschaft“. Gleichzeitig konkurrierten die zahlreichen Institute für Sozialforschung in Westdeutschland um finanzielle Ressourcen, um Deutungsanspruch der empirischen Forschungsergebnisse und um die Frage, wie mit der deutschen NS-Vergangenheit umgegangen werden soll. In den späten 1950er Jahren, als die erste Phase der Institutionalisierung der Soziologie in der Bundesrepublik Deutschland ihrem Ende zuging, verstärkte sich die Konkurrenz unter den Soziologen und kumulierte schließlich im Positivismusstreit von 1961. Die intensivierte Konkurrenz in den späten 1950er Jahren und die Auseinandersetzungen unter den Soziologen um 1960 waren wichtige Mechanismen bei der Herausbildung der Bezeichnung „Frankfurter Schule“, unter der das IfS in den 1960er Jahren bekannt wurde. (shrink)

The main concern of this paper is the problem of method in De Caelo, which has been recently invigorated by the supposition of Aristotle’s acceptance of two standards of justification. Whereas the φυσικῶς argument comes close to demonstrative knowledge, the εὐλόγως argument relies on more general assumptions and allegedly points towards argumentative justification. With a view to better understanding how empirical criteria for theories, teleological principles, and the resolution of difficulties are laid down to provide as much causal explanations as (...) possible, we take side here in the debate about the very purpose of Aristotle’s using of justification by argument in scientific contexts. Our main claim is that although only reasonable proofs can be worked out in empirically underdetermined domains, this in no way amounts to endorsing an alternative to the norms of inquiry Aristotle upholds in natural science. (shrink)

Cette étude présente le problème des rapports entre la philosophie platonicienne de l�amour et la théologie chrétienne dans la pensée de Marsile Ficin à travers l�étude du Nachleben, au temps des Médicis, de l�érotique des garçons comme paradigme de toute relation philosophique. Au fondement des théorisations ficiniennes sur l�amour se trouve le problème de l�illégitimité des relations charnelles entre mâles, clairement établie par la théologie morale de la scolastique médiévale. Ficin reprendra donc le texte du Banquet platonicien, afin de le (...) commenter sous l�angle d�une nouvelle «fantasmatique des images amoureuses», qui définit la nature astrologique des rapports entre les amants et peut finalement conduire à la mélancolie amoureuse. Chez Ficin, le recours aux Anciens est multiple, surtout dans le domaine de la théorie de l�amour, mais leur philosophie est reçue et réinterprétée, bien que d�une manière conflictuelle, dans le cadre de la théologie chrétienne traditionnelle. (shrink)

El presente artículo tiene como objeto de estudio la interpretación que Marsilio Ficino ha propuesto del poema Donna me prega de Guido Cavalcanti. A través del examen de la exégesis ficiniana, el texto muestra que, a pesar de la presencia de equivalencias formales entre ambos filósofos, el análisis de Ficino supone una ruptura teórica con el averroísmo de Cavalcanti. Al mismo tiempo, Ficino produce una profunda transformación de la filosofía del amor de Cavalcanti al cambiar su trasfondo desde la perspectiva (...) del amor heterosexual del dolce stil nuovo hacia el simposio platónico de cuño homoerótico. Este desplazamiento se acompaña de una exégesis alegórica del poema de parte de Ficino quien moviliza entonces referencias propias del neoplatonismo, la teología cristiana y la magia natural. En este último aspecto, la figura de Zoroastro cobra una relevancia fundamental como priscus theologus y garante de la magia astral del amor. (shrink)

Philip Pettit’s republican conception of freedom is presented as an alternative both to negative and positive conceptions of freedom. The basic idea is to conceptualize freedom as non-domination, not as non-interference or self-mastery. When compared to negative freedom, Pettit’s republican conception comprises two controversial claims: the claim that we are unfree if we are dominated without actual interference, and the claim that we are free if we face interference without domination. Because the slave is a widely accepted paradigm of the (...) unfree person, the case of a slave with a non-interfering master is often cited as providing a good argument for the first republican claim and against a negative conception of freedom. One aim of this article is to raise doubts about whether this is true. The other aim of the article is to show that the prisoner—also a paradigm of the unfree person—presents a good argument against the second republican claim and in favour of a negative conception of freedom. This is called the ‘prisoner-argument’. It will be argued that neither Pettit’s distinction between free persons and free choices nor his distinction between compromising and conditioning factors of freedom can help to rebut the charge of the prisoner-argument. (shrink)

Teleosemantic theories aim to naturalize mental representation through the use of functions, typically based on past selection processes. However, the historical dependence of these theories has faced severe criticism, leading some philosophers to develop ahistorical alternatives. -/- This paper presents a new dilemma for all ahistorical teleosemantic theories, focusing in particular on the theories proposed by Timothy Schroeder and Bence Nanay. These theories require certain dispositions in the producers or consumers of mental representations. But the appeal to dispositions puts the (...) proponents in an undesirable position: mental content is either overly dependent on current circumstances or ultimately dependent on historical factors. (shrink)

The uncertainty associated with paradigmatic families has been shown to correlate with their phonetic characteristics in speech, suggesting that representations of complex sublexical relations between words are part of speaker knowledge. To better understand this, recent studies have used two-layer neural network models to examine the way paradigmatic uncertainty emerges in learning. However, to date this work has largely ignored the way choices about the representation of inflectional and grammatical functions (IFS) in models strongly influence what they subsequently learn. To (...) explore the consequences of this, we investigate how representations of IFS in the input-output structures of learning models affect the capacity of uncertainty estimates derived from them to account for phonetic variability in speech. Specifically, we examine whether IFS are best represented as outputs to neural networks (as in previous studies) or as inputs by building models that embody both choices and examining their capacity to account for uncertainty effects in the formant trajectories of word final [ɐ], which in German discriminates around sixty different IFS. Overall, we find that formants are enhanced as the uncertainty associated with IFS decreases. This result dovetails with a growing number of studies of morphological and inflectional families that have shown that enhancement is associated with lower uncertainty in context. Importantly, we also find that in models where IFS serve as inputs—as our theoretical analysis suggests they ought to—its uncertainty measures provide better fits to the empirical variance observed in [ɐ] formants than models where IFS serve as outputs. This supports our suggestion that IFS serve as cognitive cues during speech production, and should be treated as such in modeling. It is also consistent with the idea that when IFS serve as inputs to a learning network. This maintains the distinction between those parts of the network that represent message and those that represent signal. We conclude by describing how maintaining a “signal-message-uncertainty distinction” can allow us to reconcile a range of apparently contradictory findings about the relationship between articulation and uncertainty in context. (shrink)

From citizens paying taxes to employees following their bosses’ orders and kids obeying their parents, we take it for granted that a whole range of authorities have the power to impose duties on others. However, although authority is often accepted in practice, it looks philosophically problematic if we conceive persons as free and as equals. -/- In this short and accessible book, Fabian Wendt examines the basis of authority, discussing five prominent theories that try to explain how claims to (...) authority can be vindicated. Focusing in particular on the issue of how states can rightfully claim authority, he rigorously analyses the theories’ arguments and evaluates their strengths and weaknesses. He also debates anarchism as an alternative that should be taken seriously if no theory ultimately succeeds in explaining state authority. -/- This clear and engaging book will be essential reading for anyone grappling with the most fundamental questions of authority and obligation in political theory and political philosophy. (shrink)

The hitherto neglected Pandechion epistemonicon, Ulisse Aldrovandi’s extant manuscript encyclopaedia, indicates that Renaissance naturalists did not necessarily apply the humanist jack-of-all-trades, the commonplace book, in their own field without considerably altering its form. Over many years the Italian natural historian tested and recombined different techniques to arrive at the form of paper technology that he considered to be the most fit for his purposes. Not all of these techniques were taught at school or university. Rather, Aldrovandi drew on administrative practices (...) as well as on the bookkeeping practices of early modern merchants that he knew first-hand. Reconstructing the formation and use of the Pandechion this article contributes to the historiography of learned reading and information management in Renaissance Europe. (shrink)

In recent years, there has been a surge in research addressing the question which properties predictive algorithms ought to satisfy in order to be considered fair. Three of the most widely discussed criteria of fairness are the criteria called equalized odds, predictive parity, and counterfactual fairness. In this paper, I will present a new impossibility result involving these three criteria of algorithmic fairness. In particular, I will argue that there are realistic circumstances under which any predictive algorithm that satisfies counterfactual (...) fairness will violate both other fairness criteria, that is, equalized odds and predictive parity. As will be shown, this impossibility result forces us to give up one of four intuitively plausible assumptions about algorithmic fairness. I will explain and motivate each of the four assumptions and discuss which of them can plausibly be given up in order to circumvent the impossibility. (shrink)

Justin Garson has recently argued that proper functions are proximal activities of traits selected by phylogenetic or ontogenetic selection processes, and that traits are dysfunctional only if they cannot perform their proper functions for constitutional reasons. We partially agree with Garson, but reject the view that functions are proximal activities, as well as his account of dysfunctions. Instead, we propose our own theory that biological functions are selected dispositions and that a trait is dysfunctional in virtue of not having the (...) dispositions for which it was selected. This account can explain both defects (or dysfunctions in Garson’s sense) and dysfunctions due to environmental factors. Moreover, it offers a neat way to explain the graduality of dysfunction. (shrink)

What is the scope of our conscious mental agency, and how do we acquire self-knowledge of it? Both questions are addressed through an investigation of what best explains our inability to form judgemental thoughts in direct response to practical reasons. Contrary to what Williams and others have argued, it cannot be their subjection to a truth norm, given that our failure to adhere to such a norm need not undermine their status as judgemental. Instead, it is argued that we cannot (...) form judgements at will because we subjectively experience them as responses to epistemic reasons, and because this is incompatible with our experiential awareness of direct mental actions, such as instances of imagining. However, this latter awareness does not extend to indirect agency, which relies on epistemic or causal processes as means. Judging may therefore still count as an indirect action - just like, say, breaking a window by throwing a stone. (shrink)

In the last ten or fifteen years, realism has emerged as a distinct approach in political theory. Realists are skeptical about the merits of abstract theories of justice. They regard peace, order, and stability as the primary goals of politics. One of the more concrete aims of realists is to develop a realist perspective on legitimacy. I argue that realist accounts of legitimacy are unconvincing, because they do not solve what I call the “puzzle of legitimacy”: the puzzle of how (...) some persons can have the right to rule over others, given that all persons are equals. I focus on the realist accounts of legitimacy developed by Bernard Williams and John Horton. (shrink)

One central fact about hallucinations is that they may be subjectively indistinguishable from perceptions. Indeed, it has been argued that the hallucinatory experiences concerned cannot— and need not—be characterized in any more positive general terms. This epistemic conception of hallucinations has been advocated as the best choice for proponents of experiential (or “naive realist”) disjunctivism—the view that perceptions and hallucinations differ essentially in their introspectible subjective characters. In this chapter, I aim to formulate and defend an intentional alternative to experiential (...) disjunctivism called experiential intentionalism. This view not only enjoys some advantages over its rival but is also compatible with the epistemic conception of hallucinations, as well as with the disjunctivist view that perceptions and hallucinations differ essentially in their third-personal structures (e.g., their causal, informational, or reason-providing links to reality). It also maintains that there are actually two aspects to the subjective indistinguishability of mental episodes: (i) we cannot distinguish their first-personal characters in introspective awareness; and (ii) we cannot distinguish their third-personal structures in experiential awareness—that is, in how they are given to consciousness. While experiential disjunctivism makes the mistake of ignoring (ii) and reducing subjective indiscriminability to (i), experiential intentionalism correctly identifies (ii) as the primary source of the subjective indistinguishability of perception-like hallucinations. Accordingly, the intentional error involved in such hallucinations is due to the fact that we consciously experience them as possessing a relational structure. (shrink)

The article defends the claim that if some laws are (or would be) widely accepted, this provides pro tanto moral reasons to support these laws and not to support otherwise better laws that are not widely accepted. In that sense the value of having widely accepted laws provides moral reasons to make compromises in politics, and it justifies a modest and qualified status quo bias. Widely accepted laws are valuable because they reduce enforcement costs, have symbolic value, help to maintain (...) peace, and realize the value of non-subjugation. (shrink)

My primary aim in this article is to provide a philosophical account of the unity of hallucinations, which can capture both perceptual hallucinations (which are subjectively indistinguishable from perceptions) and non-perceptual hallucinations (all others). Besides, I also mean to clarify further the division of labour and the nature of the collaboration between philosophy and the cognitive sciences. Assuming that the epistemic conception of hallucinations put forward by M. G. F. Martin and others is largely on the right track, I will (...) focus on two main tasks: (a) to provide a satisfactory phenomenology of the subjective character of perceptions and perceptual hallucinations and (b) to redress the philosophers’ neglect of non-perceptual hallucinations. More specifically, I intend to apply one of the central tenets of the epistemic conception—that hallucinations can and should be positively characterised in terms of their phenomenological connections to perceptions—to non-perceptual hallucinations as well. That is, I will try to show that we can positively specify the class of non-perceptual hallucinations by reference to the distinctive ways in which we first-personally experience them and perceptions in consciousness. The task of saying more about their underlying third-personal nature may then be left to the cognitive sciences. (shrink)

According to Karen Neander’s causal-informational teleosemantics, the contents of perceptual states depend on the etiological response functions of sensory-perceptual systems. In this paper, I argue that this theory is, despite its virtues, unable to explain how humans and other animals are capable of perceiving properties with which no sensory-perceptual system has ever been confronted. After rejecting Neander’s own proposal in terms of second-order similarity and a proposal inspired by Ruth Millikan in terms of simplicity, I offer a solution which equates (...) functions with manifestations of dispositions that made a difference to evolutionary success. My suggestion is able to generate determinate and plausible contents for new perceptual states while still preserving the idea that etiological functions explain evolutionary success. (shrink)

Theodor W. Adorno inspired much of Germany’s 1960s student movement, but he came increasingly into conflict with this movement about the practical implications of his critical theory. Others – including his friend and colleague Herbert Marcuse – also accused Adorno of a quietism that is politically objectionable and in contradiction with his own theory. In this article, I recon- struct, and partially defend, Adorno’s views on theory and (political) praxis in Germany’s 1960s in 11 theses. His often attacked and maligned (...) stance during the 1960s is based on his analysis of these historical circumstances. Put provocatively, his stance consists in the view that people in the 1960s have tried to change the world, in various ways; the point – at that time – was to interpret it. (shrink)

Martin Heideggers Abendgespräch in einem russischen Kriegsgefangenenlager zwischen einem Jüngeren und einem Älteren ist datiert auf den 8. Mai 1945, den Tag, an dem der Nationalsozialismus besiegt wurde. Der Schlüssel zum Verständnis des Textes ist ein Zitat aus dem klassischen daoistischen Buch Zhuangzi. Warum wendet sich Heidegger an diesem Tag der chinesischen Philosophie zu? Für den Philosophen und Sinologen Fabian Heubel birgt das Abendgespräch die einzigartige Gelegenheit, Heideggers Öffnung für östliches Denken kritisch zu erörtern. Zugleich zeigt sich die Kommunikationsverweigerung (...) zwischen Heidegger und Adorno in neuem Licht, indem das Buch beide mit Hilfe daoistischen paradoxen Denkens ins Gespräch kommen lässt. Im Kommunizieren dieser drei Momente tritt eine transkulturelle Kritik hervor, die durch geschichtliches Bewusstsein von Nöten gezeichnet ist. Heideggers Kehre nach Osten ist gescheitert. Andererseits gibt es keinen philosophischen Weg nach China, der an seinem Denken vorbeiführt."-- Back cover. (shrink)

It seems natural to think that compromises ought to be fair. But it is false. In this paper, I argue that it is never a moral desideratum to reach fair compromises and that we are sometimes even morally obligated to try to establish unfair compromises. The most plausible conception of the fairness of compromises is David Gauthier’s principle of minimax relative concession. According to that principle, a compromise is fair when all parties make equal concessions relative to how much they (...) can gain from an agreement and relative to how much they would lose without an agreement. To find out whether reaching a fair compromise sometimes is a moral desideratum, I discuss several paradigmatic cases in friendships, economics and politics, and I try to show that even when the parties have moral reasons to refrain from trying to maximize utility in the negotiations, they do not have moral reasons to aim at a fair compromise. My second claim is that we are sometimes morally obligated to try to establish unfair compromises, in particular when we are dealing with parties that try to establish morally very bad political arrangements. In such cases, we should try to concede as little as possible to achieve an outcome that is morally acceptable. Fair compromises, in other words, are morally much more dubious than is usually appreciated. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 3 Seiten: 456-469.

Mental capacity and autonomy are often understood to be normatively neutral? the only values or other norms they may presuppose are those the assessed person does or would accept. We show how mental disorder threatens normatively neutral accounts of autonomy. These accounts produce false positives, particularly in the case of disorders (such as depression, anorexia nervosa and schizophrenia) that affect evaluative abilities. Two normatively neutral strategies for handling autonomy-undermining disorder are explored and rejected: a blanket exclusion of mental disorder, and (...) functional tests requiring consistency, expression of identity, reflective non-alienation or lack of compulsion. Finally, we suggest ways in which substantivist alternatives to neutrality can be made more promising through increased transparency, democratic contestability of conditions for capacity and autonomy, and a historically sensitive caution concerning restrictions of liberty. (shrink)