Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory.

In his Letters on the Aesthetic Education of Man, Friedrich Schiller draws a striking connection between aesthetic value and individual and political freedom, claiming that, ‘it is only through beauty that man makes his way to freedom’. However, contemporary ways of thinking about freedom and aesthetic value make it difficult to see what the connection could be. Through a careful reconstruction of the Letters, we argue that Schiller’s theory of aesthetic value serves as the key to understanding not only his (...) view of aesthetic engagement, but also his distinctive account of individual and political freedom. In Part I, we develop a reconstruction of Schiller's view that aesthetic value is the only path to individual freedom and in Part II we analyze how Schiller connects aesthetic value to political freedom. In the end, we show that Schiller defends a non-hedonic, action-oriented, communitarian theory of aesthetic value and a theory of freedom that makes the aesthetic not just supererogatory but fundamental for any fully autonomous life. Although we have lost touch with this way of thinking about aesthetic value and freedom, we submit that it is illuminating for contemporary thinking about both. (shrink)

In _Biocultural Creatures_, Samantha Frost brings feminist and political theory together with findings in the life sciences to recuperate the category of the human for politics. Challenging the idea of human exceptionalism as well as other theories of subjectivity that rest on a distinction between biology and culture, Frost proposes that humans are biocultural creatures who quite literally are cultured within the material, social, and symbolic worlds they inhabit. Through discussions about carbon, the functions of cell membranes, the activity (...) of genes and proteins, the work of oxygen, and the passage of time, Frost recasts questions about the nature of matter, identity, and embodiment. In doing so, she elucidates the imbrication of the biological and cultural within the corporeal self. In remapping the relation of humans to their habitats and arriving at the idea that humans are biocultural creatures, Frost provides new theoretical resources for responding to political and environmental crises and for thinking about how to transform the ways we live. (shrink)

This chapter contains sections titled: The Experiential Roots of Religion The ARE in the Twentieth Century The Decline of Traditional Foundationalism and Stock Objections to RE The ARE via the Principle of Critical Trust (PCT) RE and TE Conceptual Coherence of TE Intracoherence of TE The Structure of the CTA The Impartiality Argument for the PCT Objections to the ARE The ARE in the Twenty‐First Century References.

Arguments set out by Timothy Morton, Ted Toadvine, and J. Baird Callicott et al. suggest that the remedy to the dualistic account that places “human” in binary opposition to “nature” is not to deny difference, but to understand the process of differentiation in a way that recognizes our interdependence, and yet still leaves space for the unknowable “Otherness” of nature. Callicott et al. argue that Aldo Leopold’s land ethic authentically recognizes the difference and freedom of wild animal Others, arguing that (...) Levinas’ ethics of the Other is really a “same-based” ethics in disguise. Morton and Toadvine have considered ways in which another aspect of Levinas’ thought, the “il y a” (the “there is”), could be a means by which we might understand “wild” nature. A more metaphysical understanding of Levinas’ “face” recognizes the Other’s unknowability, but frames the ethical relation as external. Jean-Paul Sartre’s account of negation and human reality as “lack” frames this relation as one that arises internally, and thus can usefully inform the strand of environmental thought that is concerned with acknowledging the irreducible Otherness of nature. (shrink)

This essay interweaves the narratives of Josephine Baker and Nora Holt in an exploration of African American women’s performance lives in jazz-age Paris. Baker landed in Paris by way of Harlem and...

The authors consider the legal and ethical considerations of offering a time-limited trial of a potentially non-beneficial intervention in the setting of patient or surrogate requests to pursue aggressive treatment. The likelihood of an intervention’s success is rarely a zero-sum game, and an intervention’s risk-to-benefit ratio may be indiscernible without further information (often, a matter of time).

Human rights are often taken for granted, but "What is the basis of human rights?" This is no easy answer, De Xiao Weiqi, in his 2004 book of this difficult the problem. He considered the following four main theories: First, the external theory: the root cause of human rights outside the law, such as human rights divine theory; Second, the intrinsic theory: the root cause of human rights within the law - law positivism ; three, rationalist approaches: human rights is (...) based on rational intuition ; Fourth, experience-based approaches: human rights from human experience, especially experience the experience of injustice. He made ​​the first three theories are severely criticized, and to promote a fourth to experience-based approaches. This paper points out that although the experience of Germany and Xiao Weiqi theory have many advantages, but it is evidence of human rights legislation are vague and inconsistent standards of the Department, and its invention on human rights can not provide more solid foundation. In fact, these issues are perceived more or less de Xiao Weiqi, he repeatedly pointed out that the need for external to the human rights legal standards, I think the divine rights theory is to provide a basis for human rights may be one of the world. De Xiao Weiqi theory of divine criticism of human rights have a good reminder, but I think it still can not rule out the Christ-centered Christian contemporary human rights theory. Human rights are often taken for granted but in fact the origin or foundation of human rights is not an easy question. Alan Dershowitz tries to tackle this thorny issue in his 2004 book: Rights from Wrongs: A Secular Theory of the Origins of Rights. He mainly considers four theories: 1) externalism, eg, the divine source of human rights theory; 2) Internalism, eg, legal positivism; 3) Rationalism, eg, the claim that human rights are founded upon rational intuitions; 4) Experiential approach, ie, human rights are derived from our historical experience of serious wrongs or injustice. He severely criticizes the first three theories, and defends the fourth. In this article, I will point out that despite quite a few merits of Dershowitz's theory; his criteria for the validation of human rights are vague or even inconsistent. His general stance of constructivism towards moral and human rights claims, moreover, are unable to provide solid foundations for human rights. In fact Dershowitz is to some extent aware of these problems, and he feels that human rights do need an objective external source, if only it is possible. I think the theistic worldview is indeed able to provide this objective external source. Dershowitz has raised a lot of good questions for the divine source theory but I argue that in the end they cannot exclude the possibility of a contemporary Christocentric theory of human rights. (shrink)

日本思想史上での宣長再評価に向けて。『古事記伝』は『古事記』の解釈を通して、宣長による新たな神話を成立させたテキストであった。つくり出された“古事記”はいかなる物語となったのか。『古事記伝』の読みが『 古事記』と最も乖離している箇所「外国“とつくに”」に着目し。ひるがえって、自国日本に対して用いた語「皇国“みくに”」の意味を追究する。神について語る『古事記』を、人に適用して読もうとした『古事記伝』の 本質が明らかになる。.

Stakeholder theory is widely accepted but elementary aspects remain indeterminate as the term ‘stakeholder’ is an essentially contested concept, being variously describable, internally complex and open in character. Such contestability is highly problematic for theory development and empirical testing. The extent of essential contestability, previously unknown, is demonstrated in this paper through a bounded systematic review of 593 different stakeholder theory definitions. As an essentially contested concept, the solution does not lie in a universal stakeholder definition, but in debating the (...) boundaries of stakeholder identification. To this end, this paper presents the first major attempt at sorting, filtering and ordering stakeholder theory and stakeholder definitions to produce a comprehensive, multi-dimensional classification of stakeholder theory. The constructs of the classification model juxtapose existing stakeholder theories and contributions from across the multi-contextual applications of stakeholder theory, thereby providing an invaluable overview of what we know about stakeholder theory in one model. The classification model is then tested with positive results. The paper concludes with a comprehensive discussion of the implications of classification stakeholder theory definitions, which has for future research. (shrink)

In his Letters on the Aesthetic Education of Man, Friedrich Schiller draws a striking connection between aesthetic value and individual and political freedom, claiming that, ‘it is only through beauty that man makes his way to freedom’. However, contemporary ways of thinking about freedom and aesthetic value make it difficult to see what the connection could be. Through a careful reconstruction of the Letters, we argue that Schiller’s theory of aesthetic value serves as the key to understanding not only his (...) view of aesthetic engagement, but also his distinctive account of individual and political freedom. Whereas in Part I, we developed a reconstruction of Schiller's view that aesthetic value is the only path to individual freedom, in Part II we analyze how Schiller connects aesthetic value to political freedom. In the end, we show that Schiller defends a non-hedonic, action-oriented, communitarian theory of aesthetic value and a theory of freedom that makes the aesthetic not just supererogatory but fundamental for any fully autonomous life. Although we have lost touch with this way of thinking about aesthetic value and freedom, we submit that it is illuminating for contemporary thinking about both. (shrink)

Claims that the self and experience in general are narrative in structure are increasingly common, but it is not always clear what such claims come down to. In this paper, I argue that if the view is to be distinctive, the element of narrativity must be taken as literally as possible. If we do so, and explore the consequences of thinking about our selves and our lives in this manner, we shall see that the narrative view fundamentally confusues art and (...) life. We learn from art itself that our selves and lives transcend narratives and that thinking in a narrative manner ignores the rich complexity of individual persons. Footnotes1 I am grateful to John Cottingham, Galen Strawson, Bart Streumer and Douglas Farland for helpful comments on an earlier draft of this paper. (shrink)

_A compelling set of lectures on political obligation that contributes to ongoing debates in political theory and intellectual history_ This stimulating collection of lectures by the late Judith Shklar on political obligation is paired with a scholarly introduction that offers an overview of her life, illuminates the connections among her teaching, research, and publications, and explains why her lectures still resonate with us and contribute to current debates in political theory and intellectual history.

Recently, Kant’s account of aesthetic autonomy has received attention from those interested in a range of issues in aesthetics, including the subjectivity of aesthetic judgment, quasi-realism, aesthetic testimony, and aesthetic normativity. Although these discussions have shed much light on the implications of Kant’s account of aesthetic autonomy, the phenomenon of aesthetic autonomy itself tends to be under-described. Commentators often focus on the negative aspect of this phenomenon, i.e., the sense in which an aesthetic judgment cannot be grounded on the testimony (...) of others. However, on Kant’s view, autonomy is a positive phenomenon, something that involves self-determination and self-legislation. My aim in this paper is to clarify this positive aspect of Kantian aesthetic autonomy. In order to defend my interpretation of aesthetic autonomy, I appeal to another key concept in Kant’s aesthetics, viz., ‘common sense’. I claim that, for Kant, aesthetic common sense, which we acquire through aesthetic education, is what makes aesthetic self-determination and self-legislation, hence aesthetic autonomy, possible. (shrink)

Samantha Matherne defends a systematic interpretation of the philosopher Immanuel Kants theory of imagination. In contrast with more traditional theories of imagination, as a kind of fantasy that we exercise only in relation to objects that are not real or not present, Matherne argues that Kant theorizes imagination as something that we exercise just as much in relation to objects that are real and present. In short, she attributes to Kant a view of imagining as something that pervades our (...) lives. In order to bring out this pervasiveness, Matherne offers an account of what kind of mental capacity Kant takes imagination to be in general. She then explores Kants picture of how we exercise our imagination in perception, ordinary experience, the appreciation of beauty and sublimity, the production of art, the pursuit of happiness, and the pursuit of morality. However, she makes the case that Kants analysis of this wide range of phenomena is underwritten by a unified theory of what imagination is, as a remarkably flexible cognitive capacity that we can exercise in constrained and creative, playful and serious ways. (shrink)

This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is (...) more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict. (shrink)

Our attitude towards cynicism is ambivalent: On the one hand we condemn it as a character failing and a trend that is undermining political and social life; on the other hand, we are often impressed by the apparent realism and honesty of the cynic. My aim in this paper is to offer an account of cynicism that can explain both our attraction and aversion. After defending a particular conception of cynicism, I argue that most of the work in explaining the (...) fault of cynicism can be done by referring not to the cynic’s beliefs about humanity, but to the attitude cultivated as a response to that belief. This attitude is hostile to the virtues of faith, hope and charity, upon which relationships and our sense of moral community depend. In conclusion, I suggest that holding the cynical belief is itself immoral, and that cynicism is disrespectful and destructive of morality. (shrink)

Foucault contra Habermas is an incisive examination of, and a comprehensive introduction to, the debate between Foucault and Habermas over the meaning of enlightenment and modernity. It reprises the key issues in the argument between critical theory and genealogy and is organised around three complementary themes: defining the context of the debate; examining the theoretical and conceptual tools used; and discussing the implications for politics and criticism. In a detailed reply to Habermas' Philosophical Discourse of Modernity, this volume explains the (...) difference between Habermas' philosophical practice and Foucault's between the analytics of truth and the politics of truth. Many of the most difficult arguments in the exchange are subject to a detailed critical analysis. This examination also includes discussion of the ethics of dialogue; the practice of criticism; the politics of recognition, and the function of civil society and democracy. (shrink)

If you believe that there are restrictions on what we as moral agents can do to others, but that these restrictions can give way in the face of competing considerations, then you believe in thresholds for rights. In this dissertation I develop an account of thresholds for rights, in defence of a position which is often stated but rarely explained or defended. I begin with the obvious question: How much needs to be at stake before a right's claim is overridden? (...) ;Less obvious, but equally crucial, are questions about the distribution of the total which needs to be at stake. After developing a framework for answering that question, in subsequent chapters I deal with other factors which may influence our judgements about the overridability of rights' claims, including the numbers and identities of the agents involved. (shrink)

Biases and misunderstanding stemming from pre-training in Generative Pre-Trained Transformers are more likely for users of underrepresented English varieties, since the training dataset favors dominant Englishes (e.g., American English). We investigate (potential) bias in GPT-4 when it interacts with Trinidadian English Creole (TEC), a non-hegemonic English variety that partially overlaps with standardized English (SE) but still contains distinctive characteristics. (1) Comparable responses: we asked GPT-4 18 questions in TEC and SE and compared the content and detail of the responses. (2) (...) Accurate translation: we assessed how accurate and authentic 29 TEC and 34 SE translations were. (3) Language knowledge and attitudes: we asked what language the prompts were written in and categorized the responses and examined any language attitudes that were exhibited. Content and detail in prompts were comparable. The model was proficient at translating TEC pronouns and many grammatical categories. It was weaker at processing spelling and vocabulary items. In addition, it produced several inauthentic features. Only 39% of TEC-generated sentences were fully grammatical. While GPT-4 was perfect at identifying SE, it was 21% accurate at identifying TEC, which it sometimes classified as English with “errors” and “corrected”. GPT-4’s scope of use is limited for non-hegemonic English users. It is problematic that some of its analyses perpetuate bias against underrepresented Englishes. Increased research on lesser-documented Englishes is necessary and we anticipate that this problem affects dialects of other languages. We intend to partner with Trinidadian stakeholders to train GPT-4 in the future. (shrink)

Psychopathy is a disorder characterized by severe and frequent moral violations in multiple domains of life. Numerous studies have shown psychopathy-related limbic brain abnormalities during moral processing; however, these studies only examined negatively valenced moral stimuli. Here, we aimed to replicate prior psychopathy research on negative moral judgments and to extend this work by examining psychopathy-related abnormalities in the processing of controversial moral stimuli and positive moral processing. Incarcerated adult males (N = 245) completed a functional magnetic resonance imaging protocol (...) on a mobile imaging system stationed at the prison. Psychopathy was assessed using the Hare Psychopathy Checklist–Revised (PCL-R). Participants were then shown words describing three types of moral stimuli: wrong (e.g., stealing), not wrong (e.g., charity), and controversial (e.g., euthanasia). Participants rated each stimulus as either wrong or not wrong. PCL-R total scores were correlated with not wrong behavioral responses to wrong moral stimuli, and were inversely related to hemodynamic activity in the anterior cingulate cortex in the contrast of wrong > not wrong. In the controversial > noncontroversial comparison, psychopathy was inversely associated with activity in the temporal parietal junction and dorsolateral prefrontal cortex. These results indicate that psychopathy-related abnormalities are observed during the processing of complex, negative, and positive moral stimuli. (shrink)

This paper argues that a major contribution to women’s under-representation and the gender pay gap in surgery is the interaction and aggregation of many small wrongs, or as they have come to be called in the literature, microinequities. Further, the paper argues that existing strategies do not adequately address the problems faced by women surgeons and cannot do so without an understanding of those wrongs as microinequities. Insights from the literature on ethics and microinequities are thought to be able to (...) inform new strategies.1 The study identifies four different kinds of gender bias: workplace discrimination, epistemic injustice, stereotyped roles and objectification. The different kinds of gender bias interact with one another and add up in ways that pose serious setbacks to the careers of women surgeons. In addition to being small wrongs, microinequities share other features. They are cumulative; they interact with one other; they are often invisible; and they are implicit or unintended. My comments are going to focus on the response to microinequities, …. (shrink)

This chapter contains sections titled: Agnostic Religious Commitment Moral Permissibility and Evidence Moral Permissibility and Moral Content Moral Permissibility and Revisability God's Existence and Moral Obligation God's Existence and Moral Aid Concluding Remarks Works cited.

In ambiguous situations, infants have the tendency to gather information from a social interaction partner to regulate their behavior [social referencing ]. There are two main competing theories concerning SR’s function. According to social-cognitive information-seeking accounts, infants look at social interaction partners to gain information about the ambiguous situation. According to co-regulation accounts, infants look at social interaction partners to receive emotional support. This review provides an overview of the central developments in SR literature in the past years. We focus (...) on the role of situational aspects such as familiarity of SR partners and situational threat, not only for SR, but also for subsequent behavioral regulation. As the competing accounts make different predictions concerning both contextual factors, this approach may reveal novel insights into the function of SR. Findings showed that a higher familiarity of SR partners consistently resulted in decreased looking and that higher threat remains largely understudied, but seemed to increase looking in the first few studies. Concerning behavioral regulation findings are mixed. We point out that moving toward a more complex situatedness may help to disentangle the heterogeneous results by considering the interaction between familiarity and threat rather than investigating the factors in isolation. From a general perspective, this review underlines the importance of situational factors and their interaction in eliciting a phenomenon, such as SR, but also in determining the nature of the phenomenon itself. (shrink)