(2001). Reflexive governance and indigenous self‐rule: Lessons in associative democracy? Critical Review of International Social and Political Philosophy: Vol. 4, Associative Democracy: The Real Third Way, pp. 157-186.

Most discussions of the relationship between liberty and security focus on the idea that enhancing citizens’ security may require imposing constraints on their civil liberties. This paper explores the question of how measures to enhance security stand vis à vis the idea of political liberty, i.e. the idea of citizens’ collectively directing the power of their state. It distinguishes two models whereby citizens might enact that ideal of self-rule and argues that with respect to issues of national security, (...) the less direct model, which entrusts political agents to make decisions beyond direct democratic input, will often be more appropriate. It argues as well that various practices often seen as fundamentally at odds with the ideal of rule by the people are in fact consistent with a reasonable construal of that ideal. It concludes by outlining various criteria that would have to be met for such practices to be morally permissible in democratic states. (shrink)

Having been supressed and denied their rights by successive Syrian governments over the years, Syrian Kurds are now asserting a de facto autonomy. Since the withdrawal of the Syrian President's forces from the ethnically Kurdish areas in the early months of the current civil war, the inhabitants have declared a self-rule government along the lines of the Kurdistan regional government in northern Iraq. For Syrian Kurds, the creation of a small autonomous region is a dream fulfilled, albeit one (...) unrecognized by the international community. Some 15% to 17% of the Syrian population is Kurdish. Whether they can achieve statehood will depend on a reading of international law and on how the international community reacts. There are certain aspects which differentiate Kurdish self-rule in Syria from its counterpart in Iraq. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government in IraqVolume 17, Issue 3LOQMAN RADPEY DOI: https://doi.org/10.1017/S1468109916000190Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government in IraqVolume 17, Issue 3LOQMAN RADPEY DOI: https://doi.org/10.1017/S1468109916000190Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government in IraqVolume 17, Issue 3LOQMAN RADPEY DOI: https://doi.org/10.1017/S1468109916000190Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Many philosophers believe that agents are self-ruled only when ruled by their (authentic) selves. Though this view is rarely argued for explicitly, one tempting line of thought suggests that self-rule is just obviously equivalent to rule by the self . However, the plausibility of this thought evaporates upon close examination of the logic of ‘self-rule’ and similar reflexives. Moreover, attempts to rescue the account by recasting it in negative terms are unpromising. In light (...) of these problems, this paper instead proposes that agents are self-ruled only when not ruled by others. One reason for favouring this negative social view is its ability to yield plausible conclusions concerning various manipulation cases that are notoriously problematic for nonsocial accounts of self-rule. A second reason is that the account conforms with ordinary usage. It is concluded that self-rule may be best thought of as an essentially social concept. (shrink)

In this paper I challenge the commonly held view that Plato acknowledges and accepts the possibility of akrasia in the Laws. I offer a new interpretation of the image of the divine puppet in Book 1 - the passage often read as an account of akratic action -- and I show that it is not intended as an illustration of akrasia at all. Rather, it provides the moral psychological background for the text by illustrating a broader notion of self- (...) class='Hi'>rule as a virtuous condition of the soul (and lack of self-rule as a vicious condition). I examine key discussions in the Laws in order to show how Plato makes use of this broader notion of self-rule throughout the dialogue, and I argue that nothing Plato says in the Laws commits him to the possibility of akrasia. One significant consequence of my interpretation of the puppet passage is that it avoids the need to posit developmentalism in Plato's late views about the embodied human soul, as some recent commentators have done: the moral psychology of the Laws, on my reading, is not incompatible with the Republic's tripartite theory of the soul. (shrink)

This is a book of political theory about personal autonomy: its nature, its importance, and its problems. Swaine offers solutions for the defects of personal autonomy, arguing for ethical autonomy, a kind of self-rule that is modified by moral character.

Humans are individuals qua objects, organisms and, putatively, minds. We are also social animals. We tend to value self-rule—i.e., the possession and exercise of the capacity or capacities that allow individuals to govern their lives. However, our sociality can call the possibility and value of such autonomy into question. The more we seem to be social animals, the less we seem to be capable of running our own lives. Empirical psychology has revealed surprising details about the extent to (...) which our minds are subject to social influence. Such influence is sometimes taken as a threat to self-rule. The debate over the Extended Mind Hypothesis (EMH) might seem to exacerbate the social threat to self-rule. If minds are spread across individuals, perhaps it no longer makes sense to speak of individual selves who may or may not rule themselves. I argue that no general threat to self-rule stems from human sociality. Further, the adoption of EMH is consistent with extensive attribution of psychological states to individuals, thus vouchsafing individual selves and autonomy. (shrink)

This book aims to understand why women are the targets of online hate speech and how we can stop this from occurring. -/- Why are women so frequently targeted with hate speech online and what can we do about it? Psychological explanations for the problem of woman-hating overlook important features of our social world that encourage latent feelings of hostility toward women, even despite our consciously-held ideals of equality. Louise Richardson-Self investigates the woman-hostile norms of the English-speaking internet, the (...) ‘rules’ of engagement in these social spaces, and the narratives we tell ourselves about who gets to inhabit such spaces. It examines the dominant imaginings (images, impressions, stereotypes, and ideas) of women that are shared in acts of hate speech, highlighting their ‘emotional stickiness’. But offering strategies through which we may reimagine our norms of online engagement, the stories that justify those norms, and the logic that makes sense of it all, this book shows how we can create alternative visions of what it means to take up online space as a woman and to ensure that women are seen as entitled to be there. By exploring aspects of ‘social imaginaries’ theory and applying it to the problem of hate speech against women online, this book illuminates why woman-hating has become such a prominent feature of this environment and how we can make these spaces safer for women. (shrink)

In this study, we present a cost-sharing rule for cost-sharing problems. This rule prescribes the same allocations in a problem and in its dual one. Moreover, in some specific problems it gives the same allocations as the serial cost-sharing rule (Moulin and Shenker, Econometrica, 60, 1009–1037, 1992) does in a related problem. That is why we call it as the self-dual serial cost-sharing rule. We give two axiomatizations of this new rule and another one (...) for the serial cost-sharing rule. (shrink)

Tanney challenges not only the cognitivist approach that has dominated philosophy and the special sciences for fifty years, but metaphysical-empirical approaches to the mind in general. Rules, Reason, and Self-Knowledge advocates a return to the world-involving, circumstance-dependent, normative practices where the rational mind has its home.

We study quasi-characterizing inference rules (this notion was introduced into consideration by A. Citkin (1977). The main result of our paper is a complete description of all self-admissible quasi-characterizing inference rules. It is shown that a quasi-characterizing rule is self-admissible iff the frame of the algebra generating this rule is not rigid. We also prove that self-admissible rules are always admissible in canonical, in a sense, logics S4 or IPC regarding the type of algebra generating (...) rules. (shrink)

Rules regulating social behavior raise challenging questions about cultural evolution in part because they frequently confer group-level benefits. Current multilevel selection theories contend that between-group processes interact with within-group processes to produce norms and institutions, but within-group processes have remained underspecified, leading to a recent emphasis on cultural group selection as the primary driver of cultural design. Here we present the self-interested enforcement (SIE) hypothesis, which proposes that the design of rules importantly reflects the relative enforcement capacities of competing (...) parties. We show that, in addition to explaining patterns in cultural change and stability, SIE can account for the emergence of much group-functional culture. We outline how this process can stifle or accelerate cultural group selection, depending on various social conditions. Self-interested enforcement has important bearings on the emergence, stability, and change of rules. (shrink)

Basic Cartesian intuitions are directed at simple natures, not truths; but intuitions are also a foundation for propositional knowledge. There are two basic objectives of this chapter: to show how Descartes gets from intuitions to propositional knowledge, and to show how his solution to this problem structures his thinking on the main issues in Cartesian epistemology. I maintain that the solution to is to be found in the principle if we perceive the presence of an attribute A, there must be (...) an actually existing substance to which A is attributed. This principle gets its clearest expression in the Principles of Philosophy but also appears in the Rules for the Direction of the Mind and in the Meditations where, I argue, it appears in the form of the Rule of Truth. I show how this principle is derived from the cogito, understood both as inference and as intuition, how this principle plays a role in Descartes theory of consciousness and self‐knowledge, in the case for substance dualism, and in the theory of clear and distinct ideas. (shrink)

This article attemps to provide a good defense for battered women who kill their sleeping husbands, particularly in cases where it is judged that she was mistaken in her assumption of the need to exercise self-defense. Proceeding from the distinction between the imputation of an act to an actor and the imputation of blame to an actor for criminally prohibited conduct , the article moves on to a discussion of the relevance of mistakes as to justifying circumstances under the (...) criminal law. Although some attention is given to the theoretically sound solution to the problem raised by the unknowingly justified actor, primary emphasis is placed on the putatively justified actor. The argument is advanced that the false assumption of justifying circumstances negates the imputation of wrongful conduct to an actor, rather than negating the imputation of blame to him for his wrongful conduct. Accordingly, criminal liability can only attach to an individual acting in putative self-defense, for example, if that individual was negligent for making the mistake . The standard for judging negligence in the United States is that of the so-called "reasonable person". A great deal of discussion in the U.S. scholarly literature has been revolving around the question of whether an "objective" or "subjective" standard of reasonableness should be employed when determining whether an individual acted reasonable and thus non-negligently. This article argues for a "subjective" standard for the criminal law, as opposed to an "objective" standard, which is claimed to have more relevance for tort law . Finally, the claim is made that a battered woman who kills her sleeping husband should be given the benefit of the self-defense justification under the U.S. law approach to self-defense. If the woman is mistaken as to the need to exercise self-defense, then wrongful conduct should be imputed to her only on the basis of whether her mistake was subjectively unreasonable and thus negligent . Der Aufsatz liefert Argumente dafür, daß eine "battered woman" für die Tötung ihres schlafenden Ehemannes strafrechtlich nicht zur Verantwortung gezogen werden kann, und zwar insbesondere dann nicht, wenn sie irrig Umstände annimmt, die, wenn sie vorlägen, die Handlung der Frau unter Notwehrgesichtspunkten rechtfertigen würden. Die Unterscheidung zwischen der Zurechnung eines Vorgangs als Handlung und der Zurechnung einer rechtswidrigen Tat zur Schuld wird vorangeschickt . Dann wird die strafrechtliche Relevanz von Irrtümern über rechtfertigende Umstände besprochen. Zwar wird die theoretisch richtige Lösung auch solcher Fälle diskutiert, bei denen der Täter rechtfertigende Umstände verkennt. Doch wird die Betonung auf die Fälle der Putativnotwehr gelegt, wobei die These vertreten wird, daß die irrige Annahme von rechtfertigenden Umständen die Zurechnung des Vorgangs als Totschlagshandlung und nicht erst die Zurechnung zur Schuld ausschließt. Daraus läßt sich entnehmen, daß der Täter, der in Putativnotwehr handelt, strafrechtlich nur dann verantwortlich ist, wenn sein Irrtum auf Fahrlässigkeit beruht . In den U.S.A. wird die Frage, ob jemand fahrlässig gehandelt hat oder nicht, danach beantwortet, ob eine "reasonable person" in der gegebenen Situation genauso wie der Täter gehandelt hätte. Zur Zeit findet eine lebhafte Diskussion darüber statt, ob dieser Maßstab "objektiv" oder "subjektiv" aufzufassen sei. Anders ausgedrückt: Es wird die Frage gestellt, ob die Geschworenen die Annahmen eines Durchschnittsmenschen oder aber die eines Menschen mit den persönlichen Merkmalen und Erfahrungen des Angeklagten in ihren Überlegungen darüber heranziehen sollten, ob dieser hypothetische Mensch einem Irrtum wie dem des Angeklagten erlegen wäre. Der Aufsatz spricht sich, was strafrechtliche Urteile angeht, für den "subjektiven" und gegen den "objektiven" Maßstab aus, der statt dessen für die deliktsrechtlichen Urteile der angemessenere zu sein scheint . Die Ergebnisse dieser Argumentationen werden dann auf den Fall der "battered woman" angewandt. Es wird gezeigt, daß die geschundene Frau, die ihren schlafenden Ehemann tötet, nach dem U.S. Model Penal Code unter Notwehrgesichtspunkten gerechtfertigt sein kann. Sollte es im Einzelfall so sein, daß die Frau sich über die Erforderlichkeit der Notwehrhandlung geirrt hat, dann kann ihr die Handlung nur dann zugerechnet werden, wenn der Irrtum im "subjektiven" Sinne fahrlässig gewesen ist. (shrink)

This paper argues that Anscombe's arguments against appealing to the self-reference rule that 'I" refers to its producer are ineffective.

If self-interested behavior conflicts with the collective welfare, rules of cooperation are often installed to prevent egoistic behavior. We hypothesized that installing such rules may instigate personal moral norms of cooperation, but that they fail in doing so when installed by a leader who is self-interested rather than self-sacrificing. Three studies confirmed this and also showed that, consequently, only self-sacrificing leaders were able to install rules that increase cooperation without the need for a perfectly operating monitoring (...) system. (shrink)

A recent paper by David Levy focuses on “utility enhancing consumption constraints.” Levy concludes by noting that his analysis stays within standard utility maximizing theory, in contrast to my analysis of rule-governed behavior which allows imperfect decisions that don't always maximize utility. I wish to show how our two theories can be integrated, thereby representing complementary, rather than conflicting, explanations. In the process, I argue that imperfect decisions are an essential factor in the stability of any rule that (...) constrains freedom of choice. I also briefly discuss certain intrinsic problems with achieving “self-stabilizing” rules applied to moral teachings. (shrink)

Phenomena such as our “understanding in a flash” and our immediate knowledge of the meaning of our own utterances seem to point to problems that call for philosophical explanation. Even though the meaning of an utterance appears to depend on where and when we use it, on what we use it for and on what we expect in response, we do not examine such circumstances when asked what we mean. Instead we simply say what we mean. Similarly, our having grasped (...) a rule is something shown by how we perform certain tasks and respond to certain requests. But we frequently declare that we have indeed grasped a rule without paying any attention to those overt performances and, despite this, we are normally correct. These facts seem puzzling and impel us towards a certain philosophical picture of meaning and understanding. This picture identifies the meaning of a subject’s utterances, and his understanding of the rules that he follows, with some kind of structure of which he has immediate knowledge. By virtue of their connection with these private, meaning-constituting phenomena, the public manifestations of meaning and understanding are invaluable as clues to the meaning of an utterance or a subject’s understanding of a rule. But the latter are, nevertheless, ultimately fixed by the inner structures to which only the subject in question has immediate access and upon which he or she therefore has authority. This picture prompts a host of perplexing questions. “What are these immediately-knowable structures?” “What does it mean to say that we have immediate acquaintance with them?” “How are these private structures connected with those public performances?” These questions are notoriously difficult to answer. (shrink)

In the contemporary debate on the nature of autonomy, it is generally taken for granted that autonomy is to be understood as rule by the self, with the debate centring on how that self is to be identified. Garnett [2013b] has recently proposed a theory that rejects the dominant understanding of autonomy as rule by the self and views it instead as resistance to rule by others. According to that theory, an autonomous agent is (...) one whose various ‘autonomy traits’ render her sufficiently resistant to subjection to foreign wills. I argue that Garnett has not given us good reason to abandon the understanding of autonomy as rule by the self. His account is plausible only if it is understood to require for autonomy the possession of at least one trait with which the agent can be identified. And the best explanation of the necessity of some such trait is offered, not by Garnett's, but by the dominant understanding of autonomy he rejects. (shrink)

I discuss a neglected solution to the skeptical problem introduced by Lewis Carroll’s “What the Tortoise Said to Achilles” (1895) in terms of a self-citational inferential license. I then consider some responses to this solution. The most significant response on behalf of the skeptic utilizes the familiar distinction between two ways of accepting a rule: as action-guiding and as a mere truth. I argue that this is ultimately unsatisfactory and conclude by opting for an alternative conception of rules (...) as representations of behavior deployed for various purposes, some theoretical and others practical. This alternative conception does not allow the skeptical problem to get off the ground. (shrink)

A major obstacle to the political revival of Confucianism has been its tension with the rule of law. Systemic features of Confucianism such as social hierarchy (and the corresponding social inequal...

The representation of knowledge in the law has basically followed a rule-based logical-symbolic paradigm. This paper aims to show how the modeling of legal knowledge can be re-examined using connectionist models, from the perspective of the theory of the dynamics of unstable systems and chaos. We begin by showing the nature of the paradigm shift from a rule-based approach to one based on dynamic structures and by discussing how this would translate into the field of theory of law. (...) In order to show the full potential of this new approach, we start from an experiment with NEUROLEX, in which a neural network was used to model a corpus of French Council of State decisions. We examine the implications of this experiment, especially those concerning the limits of the model used, and show that other connectionist models might correspond more adequately to the nature of legal knowledge. Finally, we propose another neural model which could show not only the rules which emerge from legal qualification (NEUROLEX's goal), but also the way in which a legal qualification process evolves from one concept to another. (shrink)

This study analyzes Siyāsatnāma tradition in Sunnī political thought in terms of exploring the problem of just ruling. In the relevant literature, the dominant approach considers Siyāsatnāmas as ethical advice in general and regards them as ineffective against an unjust ruler who has no ethical concern. This study criticizes this dominant view by claiming that in addition to the religious/ethical argument to promote a just rule, the Siyāsatnāma tradition develops a second argument designed specifically for an unjust ruler who (...) ignores ethical advice. This second argument is ignored by the dominant position about the Siyāsatnāma tradition. I have called it self-interest argument in this study. An unjust ruler’s self-interest is to maintain, empower, and hand down his power to his descendants. The self-interest argument tries to convince a ruler who dismisses ethical advice to adopt just ruling by revealing that even for an unjust ruler the best strategy is just ruling to reach for his worldly aims. Summary: Earlier civilizations generated a Siyāsatnāma tradition to provide ethical and practical advice to rulers about a just and efficient ruling in a society. This tradition played an important role in classical Islamic political thought. Muslim rulers and thinkers who are acquainted with this tradition as a result of early Islamic conquests. In the beginning, some Siyāsatnāmas were translated into Arabic but later Muslim administrators and thinkers wrote original Siyāsatnāmas by including their experiences and other Islamic sources. The Siyāsatnāmas put forward both ethical advice and practical methods for rulers to rule justly and efficiently their states. While ethical advises are mainly derived from religious sources and individuals considered to be holy, practical methods are gathered from experiences of rulers who became successful in establishing just, efficient, and strong states in history. The Siyāsatnāma tradition does not seek theoretical, abstract, and philosophical models of just ruling. Rather it relies on experimental reason, common sense, historical wisdom, and ethical reasoning. This tradition is called “Mirrors for Princes” in Western political thought. In the relevant literature, the Siyāsatnāma tradition is seen as ethical advice in essence. This approach argues that this tradition simply relies on ethical and religious arguments to promote just ruling without devising any institutional measures such as a check and balance system to constraint the authority of the ruler. In the absence of any institutional control over the power of the ruler, the ethical argument means that: If the ruler rules justly, he would be awarded in the afterlife, while if he rules unjustly he would be punished in the afterlife. According to this approach, without any institutional measure, the Siyāsatnāma tradition, in reality, leaves the problem of just ruling to personal preference and the conscious of the ruler. It is up to the ruler whether he rules justly or unjustly, for there is not any external constraint over his power, given that he does not care about the afterlife. If he has a concern about his salvation in the afterlife, ethical advice would be effective, otherwise, those advice would not have any influence over him. As a result, according to this approach, the ethical argument fails in the final analysis against the unjust ruler who has no ethical concern. This dominant view ignores a second approach developed in the Siyāsatnāma tradition specifically to convince the ruler who has not any ethical concern to rule justly. I call it self-interest argument in this study. Unlike the dominant approach’s claim, the Siyāsatnāma tradition takes the problem of unjust ruler seriously and appeals to his self-interest to convince him to rule justly. The self-interest argument is clearly aware of the limits of the ethical argument against the ruler who does not care about the afterlife. An unjust ruler’s self-interest is to maintain, empower, and then hand down his dynasty to his descendants. The self-interest argument tries to convince a ruler ignoring ethical advice to adopt the just ruling by revealing that even for an unjust ruler the best strategy is just rule to reach for his worldly aims. Many historical examples are given to make it clear that unjust rules are short-lived.The essence of the self-interest argument is that: The just rule creates trust both among individuals and the state and society, then this widespread trust awakens the desire of attaining a comfortable life in human nature. The efforts of the individuals with the purpose of attaining a comfortable life lead to social and economic development in society, which in turn increases the financial sources of the state. That is why a just rule is the only solution to create a strong state as well as a developed society. The unjust ruling on the other hand, leads to distrust between the state and society and among individuals. This distrust and fear from the state lead to deterioration of the economic situation, for the desire embedded in human nature to attain a comfortable life would not awaken in such a society. As a result, the ruler could not have the necessary financial resources, which would weaken his power. That is why the just ruling is the only solution that serves to the interest of a ruler who only wants worldly power. This study analyzes Mâwardî’s and Ghazâlî’s political theories to reveal the self-interest argument in the Siyāsatnāma tradition. This self-interet argument could be seen in Hobbes’ political theory also. Hobbes, as one of the founders of modern political thought, takes the civil wars created by different religious sects and ideologies in the 17th century Europe as his starting point to formulate his model of the state. Hobbes thinks that without social peace and order, there would not be a society. He offers a strong monarchy which relies on the unity of powers as a solution to establish a peaceful society. The only responsibility of Leviathan as a strong and effective state is to establish and maintain peace and order in society. Any restriction over individuals is acceptable to reach that goal according to Hobbes. The source of the authority of the ruler is not just rule but social peace and order. Yet, after securing peace and order, Hobbes argues, it is the best policy for the ruler to rule justly, for a just rule leads to both social and economic development and increases financial sources of the state. The Hobbesian argument is also self-interest argument that we could find within the Siyāsatnāma tradition. He tells the ruler that even though he does not have to rule justly, it is the best policy to serve his self-interest. (shrink)

American adults currently enjoy a widely accepted and legally well-settled right to refuse health care, including life sustaining treatment. Joel Feinberg provides a moral foundation for this right in liberal political theory. Feinberg's theory grounds the right to refuse in a broad right to self-determination, and it implements the right through a variable conception of voluntariness. This theory provides a plausible account that comports with the widely accepted right to refuse, commonsense, and ordinary practice. -/- Allen Buchanan and Dan (...) Brock contend, however, that Feinberg's priority for the right to self-determination is inconsistent with his variable scale of voluntariness. Although Feinberg presents his theory as one that grants categorical priority to self-determination over individual well-being, Buchanan and Brock argue that Feinberg's variable scale of voluntariness involves a balancing of self-determination and well-being. This balancing approach, which Buchanan and Brock endorse, seems to undermine the competent patient's right to refuse care because it allows concern for the patient's well-being to override that person's right to self-determination in some circumstances. Taken together, these arguments seem to suggest that we must give up either the competent patient's right to refuse treatment or the intuitively sensible variable scale. -/- In this paper, I argue that one can reconcile a categorical priority for self-determination with legal rules that incorporate a variable scale of competence. This integration requires careful examination of the practical and expressive functions of legal rules as well as of the manner in which these rules embody moral priorities. This analysis pursues specific and general projects. Specifically, it addresses the moral foundations of the legal right to refuse treatment, identifying a substantive difference between the balancing approach and the priority for self-determination that characterizes Feinberg's liberalism. Generally, it examines the types of priorities embodied by legal rules as practical decision guides and as expressions of the conventional morality represented by the law. This general project extends beyond the right to refuse treatment to the analysis of the manner in which legal rules express and apply moral priorities. (shrink)

We provide a derivation of the Born Rule in the context of the Everett (Many-Worlds) approach to quantum mechanics. Our argument is based on the idea of self-locating uncertainty: in the period between the wave function branching via decoherence and an observer registering the outcome of the measurement, that observer can know the state of the universe precisely without knowing which branch they are on. We show that there is a uniquely rational way to apportion credence in such (...) cases, which leads directly to the Born Rule. Our analysis generalizes straightforwardly to cases of combined classical and quantum self-locating uncertainty, as in the cosmological multiverse. (shrink)

Leaders enact justice in a workplace that is often replete with various political dynamics such as goal conflicts, cliques, and differential treatments. Understanding how and when workplace politics influence leaders’ justice rule adherence is theoretically and practically important. In this paper, we conceptualize the workplace as a political arena and adopt moral self-regulation theory to explore how and when leaders’ perceptions of team politics (PTP) impact their justice rule adherence. We hypothesize that leaders’ PTP prompts them to (...) justify subordinates-directed unjust behaviors, which in turn reduces their justice rule adherence. Furthermore, we hypothesize that leaders’ high construal level mitigates the negative effect of PTP on justice rule adherence. We conduct three studies to examine our theoretical model at both the within- and between-person levels. Results from two interval-based experience sampling studies (within-person) and one time-lagged scenario-based experiment (between-person) demonstrate consistent support for our hypotheses. We conclude by discussing the theoretical and managerial implications of our research. (shrink)

Rules proliferate; some are kept with a bureaucratic stringency bordering on the absurd, while others are manipulated and ignored in ways that injure our sense of justice. Under what conditions should we make exceptions to rules, and when should they be followed despite particular circumstances? The two dominant models in the literature on rules are the particularist account and that which sees the application of rules as normative. Taking a position that falls between these two extremes, Alan Goldman provides a (...) systematic framework to clarify when we need to follow rules in our moral, legal and prudential decisions, and when we ought not to do so. The book distinguishes among various types of rules; it illuminates concepts such as integrity, self-interest and self-deception; and finally, it provides an account of ordinary moral reasoning without rules. This book will be of great interest to advanced students and professionals working in philosophy, law, decision theory and the social sciences. (shrink)

This paper makes an attempt to philosophically re-construct what I have termed as a fundamental paradox at the heart of deontological liberalism. It is argued that liberalism attempts to create the possibilities of rational consensus and of bringing people together socially and politically by developing methodologies which overcome the divisive nature of essentially parochial substantive conceptions of the good. Such methodologies relying on the supposed universally valid dictates of reason and notions of procedural rationality proceed by disengaging men from the (...) divisive particularities of their plural value contexts. That disengagement is sought to be achieved by conceptualizing the individual as self sufficient in her moral and epistemic being thereby conceptually isolating individual man from the other. The liberal effort to create rational consensus which can bring people together then gets off the ground by isolating the individual from the other. This I have termed as the paradox of the self and the other or alternatively the paradox of social atomism and universalism. As a possible philosophical alternative this paper makes an attempt to re-construct Gandhi’s conceptualization of the relationship between swaraj as self rule and Satyagraha as non-violent resistance. This Gandhian connection, it is argued, has the potential to transform the moral psychology of our response to the other, thereby posing a challenge to the modern, predominantly liberal, conceptualization of such a response. (shrink)

One way to enhance rule compliance is to provide people with arguments explaining why the desired behavior is important. We argue that there might be another, potentially more effective way to enhance rule compliance: ask people to generate arguments in favor of the rule themselves, which can trigger a process of self-persuasion. We compared the effects of providing arguments, asking respondents to generate arguments themselves, and a combination of both approaches on rule compliance and the (...) perceived importance of the rule. A field experiment revealed that rule compliance was higher in all experimental conditions compared to a control condition, with the highest level of rule compliance in the conditions that either presented the arguments or asked people to generate arguments themselves. Yet the rule was only evaluated as more important compared to the control condition, when people generated arguments themselves. This study suggests that rule compliance and perceived importance of this rule can be enhanced by easy low-cost interventions. (shrink)

In this paper, I examine how the idea of self-rule is dramatised and articulated in the Protagoras and the Gorgias with respect to the apparently different treatments of hedonism. Looking at the former dialogue, I describe how the hedonist premise develops from a dramatic image of disorder, specifically the absence of self-rule. I then consider whether the evidence from that dialogue has any bearing on the Gorgias’ discussion of hedonism. I conclude that the Socratic rejection of (...) hedonism in that text is about the Calliclean abandonment of any concern for self-rule, an abandonment that actually masquerades as a commitment to self-rule. This analysis is used to present a more general account of what Socrates considers to be the capacities required for good citizenship. (shrink)

This article examines two distinct ways in which anticolonial thinkers in early twentieth-century Korea reconstructed their nondemocratic tradition in an attempt to justify (rather than take for granted) the claim of self-determination. The exposure to modern education and ideas of democracy prompted these thinkers to critically engage their tradition in the struggle for self-determination. That said, they could not simply abandon the cultural foundation of their nation. Japanese colonial rule drew its legitimacy from not only an assimilation (...) ideology that the Japanese and Koreans shared the same ethnic origin but also a developmentalist conception of the colonized that they were premodern and incapable of self-rule. To reject imperial domination, Korean anticolonial thinkers needed to invent out of their country’s nondemocratic tradition (1) an unassimilable nation/people (2) capable of self-rule. Drawing upon the political writings of two early twentieth-century thinkers in colonial Korea, Yi Kwang-su (1892–1950) and Cho So-ang (1887–1958), I discover from their political thought two nuanced approaches to this project of inventing “the people” in the colonial world. I argue that while Yi succeeded in rebutting the colonial ideology of assimilation, he fell into the trap of developmentalism. I contend that Cho, on the contrary, sidestepped this trap with his revisionist reading of the Confucian past as a history of democratic transformation, thus providing an immediate alternative to imperial sovereignty. (shrink)

The rule of law is politico-legal realm of the modern society that it balances human gratifications, self-respect and prerequisites of legal order, after dissolution of the traditional society. Apart from our criticisms on the capitalist society there had been an expanding development of civic virtue of the human individual since early beginning of capitalism up to the 1980’ies when idea of self respect and the legal order relatively balanced. But, after neo-liberalism, the development is retrieving to the (...) unbridled individualism, detrimental to the human virtue of all humanity. (shrink)

Through detailed and trenchant criticism of standard interpretations of some of the key arguments in analytical philosophy over the last sixty years, this book ...

Much discourse on school shootings tends to imply a binary separation between what is considered normal and exceptional, between an expected course of human events and sociohistorical aberrations. In this article Harvey Shapiro suggests the need for new directions in our responses: First, he shows how responses to school shootings tend to expropriate and dismiss certain kinds of violence in order to articulate a vision of the self as sovereign, exerting power over bodily life, exercising a self-removal from (...) community conversations, and thus claiming what Giorgio Agamben and others call the “sovereign exception.” Second, he suggests how Agamben's development of Walter Benjamin's concept of “divine violence” can unmask prevailing states of exception and can inform education's efforts to challenge binaries of good and evil, urban and suburban, individual and community, justice and law, normal and exceptional, that confound our deliberations and long-term responses to mass shootings. (shrink)