Michel Serres’s proposal to extend the social contract to a natural contract has been met with criticism and misunderstanding. In this article, I would like to respond to common criticisms by reconsidering two central related concepts. It is claimed that we cannot represent nature’s interests and therefore cannot come to an agreement, and thus a contract, with nature. However, I will suggest a way out by reinterpreting representation and agreement. I will start with the problem of (...) representation: nature cannot be represented. Specifically, I will present two counterarguments. The first argument is that political representation is always difficult, even in the case of human beings. Representing nature only seems more difficult because we have forgotten the difficulties associated with representing humans. The second argument aims to rethink representation. Representing nature only seems so hard because we tend to follow a cognitive understanding of representation, as if representation is about representing the ideas of the represented party. Instead, following Michael Saward, I propose an alternative understanding of representation as a game of representative claims and counterclaims: political representation is about claiming to speak on behalf of a referent and then allowing that referent to respond to that claim. Then I turn to the problem of agreement. A natural contract seems difficult because it is hard to imagine what it would mean for nature to agree to a particular proposal. To counter this, I turn to the notion of symbiosis, found in the work of Serres. A natural contract, I will argue, need not be a contract of consensus or synthesis. The alternative is a contract of symbiosis, which does not require all parties to have a common understanding of the situation. Instead, it allows for an agreement in which all parties have their own interests and definition of the situation. In this sense, a natural contract can make sense if it is understood as a contract in which symbiosis is achieved through political representation based on a game of claims and counterclaims. (shrink)

The contract review process can be a costly and time-consuming task for lawyers and clients alike, requiring significant effort to identify and evaluate the legal implications of individual clauses. To address this challenge, we propose the use of natural language processing techniques, specifically text classification based on deontic tags, to streamline the process. Our research question is whether natural language processing techniques, specifically dense vector embeddings, can help semi-automate the contract review process and reduce time and (...) costs for legal professionals reviewing deontic modalities in contracts. In this study, we create a domain-specific dataset and train both baseline and neural network models for contract sentence classification. This approach offers a more efficient and cost-effective solution for contract review, mimicking the work of a lawyer. Our approach achieves an accuracy of 0.90, showcasing its effectiveness in identifying and evaluating individual contract sentences. (shrink)

This chapter contains sections titled: A Lockean Argument for the Right to Liberty Our Rational Moral Competence From Liberty to Lockean Contractarianism.

800x600 One of the most important political challenges of our time - indeed of all times - is social justice. It was first addressed as a philosophical issue in Plato's great dialogue, the _Republic_, and it has been a continuing theme in the "tradition of discourse" ever since. As I will argue, Plato's analysis and conclusions represent a sound foundation and a starting point for advancing a new social justice paradigm that is undergirded by the emerging, multi-disciplinary science of human (...) nature, which is briefly overviewed here. I refer to it as a "biosocial contract," and it involves three empirically-grounded fairness precepts - _equality, equity, _and _reciprocity_ -- that together form a new normative framework for guiding social policy. The obvious logical objection to such a normative undertaking, commonly referred to as the "naturalistic fallacy," is briefly considered from the perspective of the biological problem of survival and reproduction and the fundamental nature of a human society as, quintessentially, a "collective survival enterprise." Logic aside, the reality is that we are all required to make unavoidable choices. Normal 0 false false false EN-AU X-NONE X-NONE MicrosoftInternetExplorer4. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly (...) transforms this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Most scholars who write on social contract and classical natural law perceive an irreconcilable tension between them. Social contract theory is widely considered the political-theoretic concomitant of modern philosophy. Against the regnant view, The Social Contract in the Ruins, argues that all attempts to ground political authority and obligation in agreement alone are logically self-defeating. Political authority and obligation require an antecedent moral ground. But this moral ground cannot be constructed by human agreement or created by (...) sheer will-human or divine. All accounts of morality as constructed or made collapse into self-referential incoherence. Only an uncreated, real good can coherently ground political authority and obligation or the proposition that rightful government depends on the consent of the governed. Government by consent requires classical natural law for its very coherence. (shrink)

L'objet de cet article est de reconsidérer la nature du Contrat chez Thomas Hobbes, tel qu'il la définit plus particulièrement au chapitre XIV du Leviathan, et de la replacer dans une perspective légale, historique, et jurisprudentielle précise. La notion de contrat au milieu du dix-septième siècle en Angleterre etait très différente de celle que nous reconnaissons aujourd'hui en matière de jurisprudence dans le domaine de la 'Common Law'. Hobbes décrit un contrat strictement socratique et strictement formaliste dans lequel l'équité qui (...) fait la substance du contrat en est une qualité immanente. La théorie du contrat que Hobbes applique à la constitution est done avant tout socratique et formaliste, et en aucun cas positiviste. La promesse en elle-même n'a pas force de contrainte, elle n'est que l'indication de l'existence potentielle d'un contrat. Seule la rationalité immanente de sa forme et de sa substance donne force de contrainte au contrat. Dans le contexte historique immediat de 1651, annee de parution du Leviathan, Hobbes, en définissant le contrat en ces termes, soulageait la conscience de nombreux Anglais à qui répugnait l'acte d'allégeance au Commonwealth . II leur assurait qu'un tel acte d'allégeance ne constituait pas en soi un contrat, mais une simple promesse indicative, qui ne les contraignait ni en forme ni en substance. L'acte d'alléeance au Commonwealth, en termes de contrat, était sans portée juridique. (shrink)

Rousseau's Du contrat social develops an important, unjustly neglected type of theory, which I call 'Natural Law Constructivism' ('NLC'), which identifies and justifies strictly objective basic moral principles, with no appeal to moral realism or its alternatives, nor to elective agreement, nor to prudentialist reasoning. The Euthyphro Question marks a dilemma in moral theory which highlights relations between artifice and arbitrariness. These relations highlight the significance of Hume's founding insight into NLC, and how NLC addresses Hobbes's insight that our (...) most fundamental moral problems concern social coordination. Part 2 systematically re-examines the core of Rousseau's theory of justice to show that it assigns no constitutive role to contractual agreement in identifying or justifying basic normative principles. Part 3 highlights his NLC. (shrink)

In Ḥanafī legal thought, ta‘ātī (mutual delivery of goods and price) has been seen as a sales contract without the need for an additional legal transaction. This situation raises the question of whether the delivery transaction took place after a void (bāṭil) or invalid (fāsid) sales contract can be considered as a new contract that is revealed through ta‘ātī. In this study, which we aim to answer the aforementioned question, first of all, the issue of what kind (...) of relationship is established between the definition of the sales contract and the legitimacy of the ta‘ātī is discussed. Secondly, the relationship between the principles of “When something is void, what is implicit in that thing is also void.”, “What builds on what is invalid is also invalid” and the delivery transaction that took place after a void or invalid contract is discussed. Thirdly, it has been discussed whether the acceptance of the delivery transaction after a void or invalid contract as a new contract is dependent on the fact that the first contract has been legally terminated. In Ḥanafī thought two approaches have emerged regarding the relationship between ta‘ātī and void or invalid contract. According to Ḥanafī jurists based on the above-mentioned two principles, the delivery transaction that took place after a void or invalid contract is not a new contract. The fact that the delivery transaction becomes a new contract depends on the fact that the first contract was terminated in a legal way. In the approach of Ḥalvānī and Kāsānī, the fact that the delivery transaction that took place after a void or invalid contract gains the quality of a new contract is not dependent on the fact that the first contract is legally terminated. This approach is very important in terms of making it possible for the idea that “Delivery that took place after a void or invalid contract has the quality of a new contract.” to attribute the classical Ḥanafī thought. (shrink)

There are two fundamental problems for instituting a social contract. The first is cooperating to produce a surplus; the second is deciding how to divide this surplus. I represent each problem by a simple paradigm game, a Stag Hunt game for cooperating to produce a surplus, and a bargaining game for its division. I will discuss these simple games in isolation, and end by discussing their composition.

This book examines the most significant metaphors of modern political philosophy: the state of nature and the social contract. Each of the main chapters is dedicated to the political theory of the different social contract thinkers and the ways they articulated the uniquely liberal view of equality and freedom. The last chapter, unique to most books that explore the social contract, highlights the recent challenges to these views. It is this balance between accepted contractarian ideas and their (...) critiques that makes it a unique contribution to the field of political philosophy. (shrink)

Michel Serres’s natural contract is not merely a proposal for an alternative legal or political paradigm. It offers something deeper: a new imaginary to unsettle and confront the deep assumptions of classical social contract theories and their retrojected justification: the state of nature. The argument of this article is that Serres systematically unpicks the conditions of possibility of the contractual paradigm in the modern social imaginary, replacing them with an original noise, a primacy of parasitic relationships and (...) a telos of symbiosis. This reframes the natural contract as the visible profile of a comprehensive social and natural imaginary that radically refigures society and ecology otherwise than on the basis of primacy of reciprocal exchange relationships between self-sufficient individuals. (shrink)

Jack Kerouac's On the Road occupies an unusual status in American letters. It is an American classic but also a contested text. An early reviewer's assessment of On the Road as an American masterpiece has been consistently reiterated, but so have initial dismissals that the work is an incoherent, naïve, and narcissistic travel narrative. This ambivalence is heightened by Kerouac's own idiosyncratic political and social views. These confl icting assessments can be reconciled, however, if On the Road is evaluated as (...) a work of political thought, especially as an iteration of the social contract tradition exploring relationships in a "state of nature.". (shrink)

In society, people need some properties themselves (the same) or for their own benefits. According to Islamic law, while people acquire the same properties they need through a bay' (sale) contract, they gain access to the benefits of the properties as a means of contracts such as idjâra (rent) or âriyya (lending). Muslims must conclude all kinds of contracts in accordance with the principles and conditions determined within the framework of the Quran and Sunnah. Otherwise, the contracts will be (...) invalid or void. In terms of Islamic law, in a sales contract, the location which subjects to the contract must be existing, and possible to deliver. Since the sale of something that does not exist is prohibited, such a sales contract is void. However, some types of contracts, including the idjâra contract, are exempt from this rule based on some special evidence. Because the idjâra contract, which has been implemented since the time of legislation, is a mandatory need in human life, and also occupies an important place. For this reason, according to some jurists, the idjâra contract was not considered within the scope of the sale of the non-existent through istihsân, contrary to the general rule, and was accepted as legitimate on the grounds of istihsân. The fact that the İdjâra contract is established in a way that is contrary to analogy does not make it possible to compare other contracts with this contract. Since the contract of idjâra is one of the most frequently referred contracts after the contract of sale, it has been discussed in all its aspects by Islamic jurists and examined under separate headings. In this context, the impact of natural disasters on the idjâra contract has not been disregarded. In principle, a rent contract duly established with its provisions and conditions, as well as a sales contract, is binding on both parties. However, in unforeseen circumstances, especially during unexpected disasters, legal problems such as continuation of the rent contract, benefiting from the benefit of the rented property and refund of the paid fee arise. In our study, first of all, after briefly presenting what natural disasters mean in Islamic law literature, the nature of the idjâra contract will be focused on, and then only the consequences of natural disasters on the rent contract will be detailed. As a result, in such disasters cause partial or total loss to the rented property, the possibility of continuation of the contract and the responsibilities of the parties will be revealed. (shrink)

Money, the most important element of economic life, has attracted the attention of many branches of science throughout history. As a result, various disciplines have examined the issue of money and made some determinations about it. One of the disciplines that deals with the money issue is jurisprudence. Jurisprudence has examined the position of money vis-à-vis commodities and other currencies and has tried to establish a fair and just relationship between them. Islamic jurists have also dealt with the legal status (...) of money and discussed the conceptual framework of money in legal terms. The monetary value of gold and silver is accepted in Islamic law and a verdict has been reached on this acceptance. However, there is divergence of opinion on the legal status of the counterfeit money that has been used by many societies and states in history. While Abū Ḥanīfa and, according to one opinion, Abū Yūsuf accepted that fals (coin) are not money, Muḥammad maintained that fals are money. As in many areas of law, sales and debt contracts are also judged according to this assumption. However, if we look at the details of Abū Yūsuf's opinion, we see that some of the contracts accept the monetary value of fals. So, if we assume that we lend 1000 Turkish Liras (TL) with today's coins - according to Abū Ḥanīfa - it means that in case the lent money is withdrawn from circulation, the money should be paid back according to the the weight of the coins that made 1000 TL. Regardless of the weight of the 1000 TL, Abū Yūsuf says that the value of 1000 TL should be repaid. In this case, Abū Yūsuf considers the monetary aspect of these coins. Therefore, it can be stated that there are some differences in the details of the view that counterfeits are accepted as absolute goods in the Hanafi school, and the monetary aspect of counterfeits is also present. Imam Muḥammad dealt with the trade of coins in a special section and examined the position of coins vis-à-vis various goods. He stated several times in this section that fals are in the position of dīnārs and dirhams (gold and silver coin). While Imam Muḥammad evaluated rock as money, he defended this view in practical terms. Namely, he accepted that one of the important features of coins, denomination by signs, is also present in coins and that one can pay with rocks (fals) other than the coin shown in the purchase. However, it should be noted that the coins to be paid must be in circulation. Likewise, the company, salam (forward sale), etc. assumes the monetary value of the rock (fals) and has decided accordingly. There is no complete consensus on this issue within the Ḥanafi tradition. Although in the early works the views of Abū Ḥanīfa and Abū Yūsuf dominate, one sees that in the later works the view of Imam Muḥammad is preferred. This view was also preferred in the recent Medjelle. In commercial life, goods are essential and money is used as a means of transportation for goods. Therefore, it should not be disregarded that money as a means of measuring value is based on the acceptance of people, regardless of what metal it is made of. Therefore, the monetary nature of the goods used as money by society should be accepted. In fact, the Medjelli-yi Aḥkām-i ʻAdliyye, which was established on the basis of the Ḥanafi school, accepted that fals are money and introduced laws in this direction in some areas of the Islamic law. Opinions in this direction have been expressed in some studies written in modern times. In this study, firstly, information about the structure of the fals and their use in Islamic history is given. Then, the Ḥanafi School founding scholars’ assessments of fals are discussed theoretically. In the following section, the disagreements of the Ḥanafi imams in some areas of law are practically examined. (shrink)

A sequent calculus is given in which the management of weakening and contraction is organized as in natural deduction. The latter has no explicit weakening or contraction, but vacuous and multiple discharges in rules that discharge assumptions. A comparison to natural deduction is given through translation of derivations between the two systems. It is proved that if a cut formula is never principal in a derivation leading to the right premiss of cut, it is a subformula of the (...) conclusion. Therefore it is sufficient to eliminate those cuts that correspond to detour and permutation conversions in natural deduction. (shrink)

Natural Justice is a bold attempt to lay the foundations for a genuine science of morals using the theory of games. Since human morality is no less a product of evolution than any other human characteristic, the book takes the view that we need to explore its origins in the food-sharing social contracts of our prehuman ancestors. It is argued that the deep structure of our current fairness norms continues to reflect the logic of these primeval social contracts, but (...) the particular fairness norm a society operates is largely a product of cultural evolution. In pursuing this point, the book proposes a naturalistic reinterpretation of John Rawls' original position that reconciles his egalitarian theory of justice with John Harsanyi's utilitarian theory by identifying the environment appropriate to each. (shrink)

The nature of light is a focus of Thomas Hobbes’s natural philosophical project. Hobbes’s explanation of the light of lucid bodies differs across his works, from dilation and contraction in Elements of Law to simple circular motions in De corpore. However, Hobbes consistently explains perceived light by positing that bodily resistance generates the phantasm of light. In Letters I.XIX–XX of Philosophical Letters, fellow materialist Margaret Cavendish attacks the Hobbesian understanding of both lux and lumen by claiming that Hobbes has (...) illicitly made abstractions from matter. In this paper, I argue that Cavendish’s criticisms rely on an incorrect understanding of the nature of Hobbesian geometry and the role it plays in Hobbes’s natural philosophy. Rather than understanding geometry as wholly abstract, Hobbes attempts to ground geometry in different ways of considering bodies and their motions. Furthermore, Hobbes’s own criticisms of abstraction suggest that he would share many of the worries she raises but deny that he falls prey to them. (shrink)

An important figure in the natural law tradition and in the Scottish Enlightenment, Gershom Carmichael defended a strong theory of rights and drew attention to Grotius, Pufendorf, and Locke. Gershom Carmichael was a teacher and writer who played an important role in the Scottish Enlightenment of the eighteenth century. His philosophy focused on the natural rights of individuals--the natural right to defend oneself, to own the property on which one has labored, and to services contracted for with (...) others. Carmichael argued that slavery is incompatible with the rights of men and citizens, and he believed that subjects have the right to resist rulers who exceed the limits of their powers. Although he appealed to the authority of Grotius and Locke, the grounds on which he defended natural rights were distinctively his own. He drew upon the Reformed or Presbyterian theology to propose that, in respecting the natural rights of individuals, one shows one’s reverence for God’s creation. Inasmuch as all of mankind longs for lasting happiness, which can be found only in worship of or reverence for God, such reverence is the natural law which obliges all to respect the rights of all. Natural Rights includes Supplements and Observations on Pufendorf (1724), Natural Theology (1729), Logic (1722), two theses, and a manuscript on teaching, all in English for the first time. Gershom Carmichael (1672-1729) was the first professor of moral philosophy at the University of Glasgow, preceding Hutcheson, Smith, and Reid. James Moore is Professor of Political Science at Concordia University in Montreal. Michael Silverthorne is Honorary University Fellow in the School of Classics at the University of Exeter. Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England. (shrink)

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the (...) class='Hi'>natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally. (shrink)

The structure of derivations in natural deduction is analyzed through isomorphism with a suitable sequent calculus, with twelve hidden convertibilities revealed in usual natural deduction. A general formulation of conjunction and implication elimination rules is given, analogous to disjunction elimination. Normalization through permutative conversions now applies in all cases. Derivations in normal form have all major premisses of elimination rules as assumptions. Conversion in any order terminates.Through the condition that in a cut-free derivation of the sequent Γ⇒C, no (...) inactive weakening or contraction formulas remain in Γ, a correspondence with the formal derivability relation of natural deduction is obtained: All formulas of Γ become open assumptions in natural deduction, through an inductively defined translation. Weakenings are interpreted as vacuous discharges, and contractions as multiple discharges. In the other direction, non-normal derivations translate into derivations with cuts having the cut formula principal either in both premisses or in the right premiss only. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, (...) and the foundations of modern political organization. This volume offers the first complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)

The present article examines important subjects related to the political theory in Hobbes´s Philosophy. This article looks for a clear and brief understanding about how Hobbes´s theory of artificial sociability articulates his political theory.

Scholars disagree about the nature of the doctrinal apparatus that supports Berkeley’s case for passive obedience to the sovereign. Is he a rule-utilitarian, or natural law theorist, or ethical egoist, or some combination of some or all these elements? Here I argue that Berkeley is an act-utilitarian who thinks that one is more likely to act rightly by following certain sorts of rules. I also argue that Berkeley mischaracterizes and misevaluates Locke’s version of the social contract theory. Finally, (...) I consider the potentially practically self-defeating nature of Berkeley’s claim that there is no obligation to submit to the rule of “madmen” or “usurpers.”. (shrink)

This paper examines the relation between the problem of human nature and political theory; it is claimed that every such theory is founded on some anthropological preconditions. The paper studies the political conceptions of four modern philosophers: Thomas Hobbes, Jean Jacques Rousseau, Karl Marx, Pyotr Kropotkin. It reveals that two opposing tendencies form the imaginary of the modern era: the authoritative one that identifies an egoistic/ unsociable human nature that needs control, and the libertarian one that recognizes a human being (...) capable of more advanced types of social fabric. The problem that is also investigated is how anthropological dualism can be transcended to permit the conception of a new anthropological type as well as the type of society that will help human potentiality of consciousness and coexistence to unfold. (shrink)

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a (...) foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

The most influential justification of individual property rights is the Propertarian Argument. It is the idea that the institution of private property renders everyone better off, and crucially, even the worst-off members of society. A recent critique of the Argument is that it relies on an anthropologically false hypothesis – the idea, following Thomas Hobbes, that life in the state of nature is one of widespread scarcity and violence to which property rights are a solution. The present article seeks to (...) reformulate this Anthropological Objection in a way that more directly addresses Hobbes’ original argument. It then shows that private property is justified to the extent that it allows anyone to reclaim their free time. (shrink)

Spinoza's guiding commitment to the thesis that nothing exists or occurs outside of the scope of nature and its necessary laws makes him one of the great seventeenth-century exemplars of both philosophical naturalism and explanatory rationalism. Nature and Necessity in Spinoza's Philosophy brings together for the first time eighteen of Don Garrett's articles on Spinoza's philosophy, ranging over the fields of metaphysics, epistemology, philosophy of mind, ethics, and political philosophy. Taken together, these influential articles provide a comprehensive interpretation of that (...) philosophy, including Spinoza's theories of substance, thought and extension, causation, truth, knowledge, individuation, representation, consciousness, conatus, teleology, emotion, freedom, responsibility, virtue, contract, the state, and eternity-and the deep interrelations among them. Each article aims to resolve significant problems in the understanding of Spinoza's philosophy in such a way as to make evident both his reasons for his views and the enduring value of his ideas. At the same time, Garrett's articles elucidate the relations between his philosophy and those of predecessors and contemporaries like Aristotle, Hobbes, Descartes, Locke, and Leibniz. Lastly, the volume offers important and substantial replies to leading critics on four crucial topics: the necessary existence of God (Nature), substance monism, necessitarianism, and consciousness. (shrink)

In the Tractatus Theologico-Politicus (TTP), Spinoza argues that an individual’s natural right extends as far as their power. Subsequently, in the Tractatus Politicus (TP), he offers a revised argument for the same conclusion. Here I offer an account of the reasons for the revision. In both arguments, an individual’s natural right derives from God’s natural right. However, the TTP argument hinges on the claim that each individual is part of the whole of nature (totius naturae), and for (...) this reason inherits part of the natural right of that whole. Using several analogous cases from the Ethics, I show that this form of argument from division is not compatible with Spinoza’s considered metaphysical views. The revised argument, by contrast, avoids the pitfalls of his earlier efforts. It also better reveals the deep roots by which the monistic metaphysics of the Ethics feeds into Spinoza’s conception of natural right. (shrink)

Normal 0 21 false false false ES X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} This essay deals with Hobbes notion of natural law in order to point out some tensions and difficulties brought by this notion into his political thought. The article shows that the Hobbes idea of justice cannot (...) be completely inscribed in legal positivism but, coming close to it, maintains some vestiges of the natural law tradition, which, however do not correspond very well with his idea of an absolute state. In addition, the essay considers some notions and propositions of contractualism and points out its incompatibility with authoritarianism. (shrink)

This paper begins by looking at the complex and dynamic nature of responsibility. Based in the interconnected concepts of imputability, accountability and liability it argues that, whilst some elements of responsibility can be determined through role and contract, the broader sense of liability involves a sense of shared responsibility that is ultimately based in the concept of universal responsibility. Such responsibility requires core virtues, not least awareness and integrity, a continued means of negotiating responsibility and ongoing dialogue between the (...) different responsibilities connected to role. The paper argues that the nature of such dialogue is itself grounded in the development of personal and shared responsibility. It concludes that the professions have a moral leadership role in articulating and modelling that responsibility. (shrink)

The true key to all the perplexities of the human condition, Rousseau boldly claims, is the “natural goodness of man.” It is also the key to his own notoriously contradictory writings, which, he insists, are actually the disassembled parts of a rigorous philosophical system rooted in that fundamental principle. What if this problematic claim—so often repeated, but as often dismissed—were resolutely followed and explored? Arthur M. Melzer adopts this approach in The Natural Goodness of Man. The first two (...) parts of the book restore the original, revolutionary significance of this now time-worn principle and examine the arguments Rousseau offers in proof of it. The final section unfolds and explains Rousseau’s programmatic thought, especially the Social Contract, as a precise solution to the human problem as redefined by the principle of natural goodness. The result is a systematic reconstruction of Rousseau’s philosophy that discloses with unparalleled clarity both the complex weave of his argument and the majestic unity of his vision. Melzer persuasively resolves one after another of the famous Rousseauian paradoxes–enlarging, in the process, our understanding of modern philosophy and politics. Engagingly and lucidly written, The Natural Goodness of Man will be of interest to general as well as scholarly readers. (shrink)

The paper deals with two versions of the fragment with unit, tensor, linear implication and storage operator of intuitionistic linear logic. The first version, ILL, appears in a paper by Benton, Bierman, Hyland and de Paiva; the second one, ILL+, is described in this paper. ILL has a contraction rule and an introduction rule !I for the exponential; in ILL+, instead of a contraction rule, multiple occurrences of labels for assumptions are permitted under certain conditions; moreover, there is a different (...) introduction rule for the exponential, !I+, which is closer in spirit to the necessitation rule for the normalizable version of S4 discussed by Prawitz in his monograph “Natural Deduction”.It is relatively easy to adapt Prawitz's treatment of natural deduction for intuitionistic logic to ILL+; in particular one can formulate a notion of strong validity permitting a proof of strong normalization.The conversion rules for ILL explicitly mentioned in the paper by Benton et al. do not suffice for normal forms with subformula property, but we can show that this can be remedied by addition of a special permutation conversion plus some “satellite” permutation conversions.Some discussion of the categorical models which might correspond to ILL+ is given. (shrink)

For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with a person's appropriation (...) of unowned natural resources and with his freedom to do as he chooses with the products that he makes from them, so long as he does not infringe upon the equal rights of others. These rights prescribe, as Locke put it, that persons be free “to order their Actions, and dispose of their Possessions, and Persons as they think fit … without asking leave, or depending upon the Will of any other Man”. (shrink)

The paper introduces a new type of rules into Natural Deduction, elimination rules by composition. Elimination rules by composition replace usual elimination rules in the style of disjunction elimination and give a more direct treatment of additive disjunction, multiplicative conjunction, existence quantifier and possibility modality. Elimination rules by composition have an enormous impact on proof-structures of deductions: they do not produce segments, deduction trees remain binary branching, there is no vacuous discharge, there is only few need of permutations. This (...) new type of rules fits especially to substructural issues, so it is shown for Lambek Calculus, i.e. intuitionistic non-commutative linear logic and to its extensions by structural rules like permutation, weakening and contraction. Natural deduction formulated with elimination rules by composition from a complexity perspective is superior to other calculi. (shrink)

My intention in this essay will be to explore the role that consent-based arguments perform in Kant's political and legal philosophy. I want to uncover the extent to which Kant considered that the legitimacy of the State and of its laws depends upon the outcome of intersubjective deliberation. Commentators have divided over the following question: Is Kant best viewed as a member of the social contract tradition, according to which the legitimacy of the state and of the laws it (...) promulgates derives from the consent of those people over whom it claims authority, or should he be read as having put forward a secularized version of natural law theory, according to which the state and its laws are legitimate to the extent that they are attained by standards of sound reason and supported by an objective account of the human good? (shrink)