Amid efforts to limit “divisive concepts” in educational settings, this article investigates the obstruction of a civic-focused early childhood curriculum. Joy Dangora Erickson and Winston Thompson analyze the challenges faced by a resourceful kindergarten teacher striving to uphold curriculum goals despite constraints imposed by the state legislature. Through an empirically informed exploration of political and pedagogical factors, this conceptual analysis elucidates the moral complexities of risks, costs, and outcomes as educators navigate non-ideal political conditions. By doing so, the (...) authors provide valuable insights to scholars and practitioners, suggesting productive avenues for future research on these and related dilemmas of practice. (shrink)

In this article, I will begin by describing recent divisive concepts legislation, which bans teaching about aspects of racism, sexism, and equity, speculating briefly on the motivations behind it and the implications resulting from it. I will then describe how discussing divisive concepts in classrooms may be a helpful way for students to better understand the particular concepts and for students to take a stand on them. While I will briefly argue for the importance (...) of classroom discussion of divisive concepts, my central claim will be that we must do more than merely discuss these concepts. Instead, we should engage in classroom inquiry about them. Inquiry positions students to not be silent regarding divisive concepts, as some legislation may cause, and inquiry positions students to not just talk about divisive concepts, but to solve social problems related to them in our world today. In other words, inquiry enables us to do something about divisive concepts, rather than just learning about them, as some educators currently advocate in calls for discussion. And inquiry is certainly more effective than banning divisive concepts or pushing them to the background, as recent legislation attempts to do. I argue that rather than excluding divisive concepts or the divisions they may provoke from our classrooms, we need educative spaces where we inquire into what divides us, why we are divided, and how we might respond to such division. Within that inquiry, we can better attend to our divisions while also taking up the specific concepts prohibited in recent legislation. (shrink)

This essay uses Maria Lugones’s account of the colonial/modern gender system to analyze the retro-use of “biological sex” in recent anti-trans legislation. The retro-use of sex refers to the role of sex in legislation that has been widely described by critics as moving the U.S. backward in time, or as a rollback of trans rights. The essay argues that Lugones’s theorization of the sex/gender distinction in the context of colonialism offers a better way of understanding the retro-use (...) of sex in this legislation than white Anglo-American feminist theories. While Lugones does not explicitly engage with this legislation, the essay shows that her racialized material history of the concept of biological sex not only allows for an expanded sense of the pasts that are at work in the present use of sex but also sharpens the need for feminist and trans responses to the retro-use of sex that are explicitly anti-racist and decolonial. -/- . (shrink)

Despite its internal divisions and the uncertainty surrounding many of its foundations, there is a growing consensus that the on‐going search for an alternative model of the mind finds a minimal theoretical identity in the pursuit of an anti‐Cartesian conception of mental phenomena. Nevertheless, this anti‐Cartesianism remains more or less explicitly committed to the neo‐Brentanian idea that intentionality is an essential feature of the mental—an idea that has prevailed since the advent of modern cognitive science in the 1950s. (...) An issue of compatibility is thereby raised, as neo‐Brentanism arguably sides with cognitive Cartesianism. The main goal of the paper is to put into full light one specific aspect of this largely unperceived problem of compatibility by arguing that the neo‐Brentanian property of intentionality is an essentially representational one that runs counter to the salient anti‐representationalism of anti‐Cartesianism. And, that this representational essence confronts the search for alternative models of the mind of an anti‐Cartesian kind with the following theoretical issue: To what extent is it possible to devise a non‐Brentanian property of intentionality, particularly one that is fully dissociated from the property of representation? This issue is shown to be much deeper and more difficult than it looks once the nature of representation is properly apprehended; it seems to be still waiting for an answer in the current search for an alternative model of the mind, if only because it has not yet be set in fully adequate terms. (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

The article examines the concept of anti-irrationalism coined by the members of the Lvov-Warsaw School. The term “anti-irrationalism” comes from Ajdukiewicz, who used it to define the specificity of the School as a whole. For Ajdukiewicz, anti-irrationalism, which values cognition with intersubjective qualities, is contrasted with irrationalism. The article discusses Twardowski’s tripartite division of beliefs into rational, “irrational,” and “non-rational.” Against this background, the article explores Dąmbska’s view on irrationalism, which is divided by her into several subcategories.Finally, (...) the author considers the question of anti-irrationalism as a metaphilosophical standpoint in the context of the question of a worldview. (shrink)

Kant famously insisted that “the idea of the will of every rational being as a universally legislative will” is the supreme principle of morality. Recent interpreters have taken this emphasis on the self-legislation of the moral law as evidence that Kant endorsed a distinctively constructivist conception of morality according to which the moral law is a positive law, created by us. But a closer historical examination suggests otherwise. Kant developed his conception of legislation in the context of his (...) opposition to theological voluntarist accounts of morality and his engagement with conceptions of obligation found in his Wolffian predecessors. In order to defend important claims about the necessity and immediacy of moral obligation, Kant drew and refined a distinction between the legislation and authorship of the moral law in a way that precludes standard theological voluntarist theories and presents an obstacle to recent constructivist interpretations. A correct understanding of Kant's development and use of this distinction reveals that his conception of legislation leaves little room for constructivist moral anti-realism. (shrink)

This article examines a fundamental theoretical aspect of the discourse on ‘intersectionality’ in feminist and anti-racist social theory, namely, the question whether intersecting social divisions including those of sex, gender, race, class and sexuality are interacting but independent entities with autonomous ontological bases or whether they are different dimensions of the same social system that lack separate social ontologies and constitute each other. Based on a historical reconstruction of its genesis, the article frames this as a dispute between system-theoretical (...) and dialectical, ‘Critical Theory’-related approaches and argues that the latter better capture the dynamics of contemporary society, including the perspective of its transcendence. (shrink)

Hannah Arendt's work inspires many to stand in solidarity against authoritarianism, racial or gender-based violence, climate change, and right-wing populism. But what if a careful analysis of her oeuvre reveals a darker side to this intellectual legacy? What if solidarity, as she conceives of it, is not oriented toward equality, freedom, or justice for all, but creates a barrier to intersectional coalition building? In Arendt's Solidarity, David D. Kim illuminates Arendt's lifelong struggle with this deceptively straightforward yet divisive concept. (...) Drawing upon her publications, unpublished documents, private letters, radio and television interviews, newspaper clippings, and archival marginalia, Kim examines how Arendt refutes solidarity as an effective political force against anti-Semitism, racial injustice, or social inequality. As Kim reveals, this conceptual conundrum follows the arc of Arendt's forced migration across the Atlantic and is directly related to every major concern of hers: Christian neighborly love, friendship, Jewish assimilation, Zionism, National Socialism, the American republic, Black Power, revolution, violence, and the human world. Kim places these thoughts in dialogue with dissenting voices, such as Thomas Mann, Gershom Scholem, Jean-Paul Sartre, James Baldwin, Frantz Fanon, James Forman, and Ralph Ellison. The result is a full-scale reinterpretation of Arendt's oeuvre. (shrink)

This paper pursues a question about the spatial relations between the three types of matter posited in Margaret Cavendish’s metaphysics. It examines the doctrine of complete blending and a distinctive argument against atomism, looking for grounds on which Cavendish can reject the existence of spatial regions composed of only one or two types of matter. It establishes, through that examination, that Cavendish operates with a causal conception of parts of nature and a dynamic notion of division. While the possibility of (...) unmixed spatial regions is found to be consistent with both the doctrine of complete blending and Cavendish’s anti-atomism by themselves, it is finally ruled out by a consideration of her theory of place. In fact, the geometrical question of the spatial relations between types of matter that drives the paper is ultimately exposed as illicitly mathematical from the perspective of Cavendish’s metaphysics. (shrink)

This paper contemplates repression as a factor of production in Anti-Oedipus. Repression is part of the division of labour which defines the composition of the labour–capital relation, what Deleuze and Guattari conceive of as a differential relation. In interpreting Deleuze and Guattari’s concepts of repression, commentaries have elaborated on the influences of Marx’s theories of reification and of the state. However, the influence of Marx’s theory of division of labour in capitalism has not been fully examined. This theory, (...) which involves dispossession of intellectual potentialities and suppression of productive drives, is essential to Deleuze and Guattari’s Spinozist hypothesis that the masses came to desire fascism under a particular set of historical conditions. Through a reading of Capital, guided by Balibar’s reading in particular, and an analysis of schizophrenia in alignment with Foucault’s, Deleuze and Guattari develop a theory of repression as immanent to production. Based in this theory, they conceive of fascism as a line of flight from the limits of capital, emerging among several counteracting factors against the tendency for the rate of profit to fall. In assessing how repression operates in Deleuze and Guattari’s form of psychoanalysis, this paper references Marx’s Capital and Spinoza’s Ethics as well as Balibar’s contribution to the 1965 book Reading Capital and Foucault’s 1962 Mental Illness and Psychology. The paper concludes with remarks on the further development of this theory in Deleuze and Guattari’s 1980 A Thousand Plateaus and Deleuze’s 1990 ‘Postscript on Control Societies’. (shrink)

Over the past decades, anti-cancer treatments have evolved rapidly from cytotoxic chemotherapies to targeted therapies including oral targeted medications and injectable immunooncology and cell therapies. New anti-cancer medications come to markets at increasingly high prices, and health insurance coverage is crucial for patient access to these therapies. State laws are intended to facilitate insurance coverage of anti-cancer therapies.Using Massachusetts as a case study, we identified five current cancer coverage state laws and interviewed experts on their perceptions of (...) the relevance of the laws and how well they meet the current needs of cancer care given rapid changes in therapies. Interviewees emphasized that cancer therapies, as compared to many other therapeutic areas, are unique because insurance legislation targets their coverage. They identified the oral chemotherapy parity law as contributing to increasing treatment costs in commercial insurance. For commercial insurers, coverage mandates combined with the realities of new cancer medications — including high prices and often limited evidence of efficacy at approval — compound a difficult situation. Respondents recommended policy approaches to address this challenging coverage environment, including the implementation of closed formularies, the use of cost-effectiveness studies to guide coverage decisions, and the application of value-based pricing concepts. Given the evolution of cancer therapeutics, it may be time to evaluate the benefits and challenges of cancer coverage mandates. (shrink)

I argue that Aristotle’s unmodern conception of politics can only be understood by first understanding his distinctive picture of human agency and the excellence of political wisdom. I therefore undertake to consider three related puzzles: why at the outset of the Nicomachean Ethics [NE] is the human good said to be the same for a city and for an individual, such that the NE’s inquiry is political? why later on in the NE is political wisdom said to be the same (...) state of soul as practical wisdom? why in the Politics does Aristotle identify practical wisdom as the peculiar excellence of rulers when deliberation was said to be the common work of all citizens insofar as they are genuinely citizens? While these puzzles have individually received treatment in the literature, they have seldom been treated together. Taken independently, the passages in question can seem to express a more familiar conception of politics. In particular, each of the sameness claims made in and has too easily been assimilated to a more modern conception of the relation of ethics to politics and thereby domesticated. As I hope to show, in Aristotle is not simply asserting that the human good in a city supervenes on the good as achieved by its inhabitants ; and in he is not claiming only that political wisdom is a species of practical wisdom, but is rather asserting a more thoroughgoing identity between various types of deliberative excellence that are conventionally distinguished and assigned different names. Working through these passages will provide a sufficient basis for tackling, the question about the respective excellences of rulers and citizens. I will show that, despite his restriction of the exercise of practical wisdom to rulers, Aristotle imagines that non-ruling citizens will also exercise their political agency and thereby require a distinct rational excellence. More precisely, for Aristotle, there are two forms of political agency, deliberation on behalf of one’s community, which is perfected by practical-political wisdom, and the comprehension exercised by citizens on the basis of the view of life preserved by their character-virtues. Understood this way, the division of labor between rulers and citizens does not generate two spheres of activity, political and private, which could have unrelated excellences or concern distinct goods. (shrink)

What is the concept of sexuality? And do we still need it today? In the article I discuss problems related to the socio-cultural construction of sexuality, normalization politics and sexual citizenship, sexual segregation and anti-sex paranoia. I show how the division into us (friends) and them (strangers), according to sexual scripts, takes away the right not only to be part of society, but above all to be yourself. I wonder if – following the words of M. Foucault – it (...) is not the time to look for a new solution, for example, to replace the concept of sexuality with the forms of pleasure. I illustrate my considerations with examples from the observation of the public sphere and the reaction of the normative public to non-normative objects appearing in their surroundings. Most of the examples concern contemporary Poland – both in political and socio-cultural contexts. (shrink)

Although Kant was born three hundred years ago, his practical philosophy is still relevant and helpful for understanding difficult and crucial issues of today. One example is the strange transformation the concept of human dignity has undergone in post-Soviet Russia — in everyday language, in ideological doctrines, and in legal documents. While in ordinary life dignity is increasingly reduced to access to material benefits, in its legal sense — above all in the 1993 Constitution of the Russian Federation — (...) class='Hi'>anti-communist ideology has turned it into the “right” to enjoy comfortable living conditions, being almost totally divorced from duties and from morality. Such interpretations of human dignity lead to a dead end, creating problems for its perception and for its relationship to other constitutional provisions — problems that are impossible to resolve in the framework of such an interpretation of right. By turning to Kant, one of the pillars of the modern egalitarian universalist conception of human dignity, we can trace the idea of personal dignity back to its origin as an absolute inner value which, unlike external material benefits, has no equivalent, and involves self-legislation, restriction of freedom, and the fulfilling of moral duty. (shrink)

Resistances to sexual and gender rights are shifting and need new theorisations. This article develops the analytical concept of heteroactivism by exploring its relation to abortion debates in Ireland. Heteroactivism as an analytical category examines resistances to sexual and gender rights that seek to reiterate the place of the heteronormative family (both in terms of gender norms and heterosexuality) through activisms that can stand against new legislative orders. The article investigates three texts to explore how the ‘Vote No’ campaign in (...) Ireland discussed ‘loving both’, but in the main thrust of the poster campaign instead focused on the foetus as an ‘unborn child’. Using textual and visual analysis, we show the creation of Ireland through seeking to ‘love both’ and create a distinction from the dangers, and foreign contagion, of England. The article concludes by arguing that ongoing work is needed to explore heteroactivism and its diverse manifestations, including in abortion debates. (shrink)

This dissertation is an interpretation of Kant's theory of mental representation, and an attempt to elucidate this theory by viewing it from both historical and contemporary perspectives. After an exposition of Kant's notions of intuition, sensation, and concept, I argue that the theory as a whole can be seen as an Aristotelian reaction against Leibnizian rationalism and Humean empiricism and naturalism. As in Aristotelian theories, Kant argues that there are two distinct types of mental representation, and two distinct types of (...) processes involved in cognition. ;I construe the Transcendental Deduction and the Second Analogy as a series of arguments against Hume for the thesis that our mental repertoire contains conceptual as well as passively received representations. The division of the anti-Humean arguments I find to be most fruitful is the division into arguments from above and arguments from below. I find it illuminating to view several aspects of Kant's anti-Humean arguments from the perspective of contemporary concerns in the theory of intentionality. Some of Kant's contentions against Hume can be seen as an attempt to resist a tendency to redescribe intentional relations so that the resulting description is extensional. Kant can be viewed as trying to preserve the idea that sentences describing intentional relations from the perspective of the subject are irreducibly intensional. ;I argue that the chapter of the Critique of Pure Reason entitled 'The Amphiboly of Concepts of Reflection' together with portions of a later work, On a Discovery, contain an argument against Leibniz or the Leibnizians of Kant's day for the thesis that nonconceptual elements, as well as concepts, are required for the cognition of physical objects. Questions arise here about the relation between Kant's views on this issue and modern studies of indexicality. My view is that Kant can be construed as providing a theory about what underlies the irreducibly indexical element in our cognitions of physical objects. Kant's idea of passive receptivity, closely tied to the notion of what the experience of a quality is like, is relevant to this, as is the notion of an external or relational quality developed in the Amphiboly. (shrink)

There is a basic division in the philosophy of mathematics between realist, ‘platonist’ theories and anti-realist ‘constructivist’ theories. Platonism explains how mathematical truth is strongly objective, but it does this at the cost of invoking mind-independent mathematical objects. In contrast, constructivism avoids mind-independent mathematical objects, but the cost tends to be a weakened conception of mathematical truth. Neither alternative seems ideal. The purpose of this paper is to show that in the philosophical writings of Henri Poincaré there is a (...) coherent argument for an interesting position between the two traditional poles in the philosophy of mathematics. Relying on a semi-Kantian framework, Poincaré combines an epistemological and metaphysical constructivism with a more realist account of the nature of mathematical truth. (shrink)

This article analysed the Indonesian government’s strategy in eradicating terrorism and radicalism. This study was designed with quantitative methods within the framework of normative legal research using anti-terrorism-related regulations as the sample. Data analysis was carried out with content analysis to identify the conception of terrorism, radicalism and deradicalisation in the legislation. The research found that most of Indonesia’s counter-terrorism regulations associate terrorism with criminal actions. However, regulatory developments also present a decreasing association between terrorism and acts of (...) violence alone as terrorism is growingly being conceptualised by policymakers not only as a virulent action to an increasing extent but also ideologically based on the process of radicalisation. Consequently, various regulations after 2013 accommodate many prevention-based ideas and soft approaches. Newest regulations also accommodate deradicalisation as an important strategy in countering terrorism. This finding practically would imply including counter-narratives through education and deradicalisation strategies. It is also projected through counter-propaganda as a strategic deradicalisation approach. Its incorporation into regulations is needed as digital technology advances, making it easier for young people to be exposed to radical ideas through internet channels. Contribution: This study deepens empirical evidence regarding the need for an alternative soft approach strategy in dealing with religious doctrine-based radicalism. Apart from preventive measures through law enforcement which should be continuously strengthened, the findings in this research encourage preemptive methods in deradicalisation through counter-narrative, counter-propaganda and counter-ideology. (shrink)

This paper provides an overview of the various dual-use concepts applied in national and international non-proliferation and anti-terrorism legislation, such as the Biological and Toxin Weapons Convention, the Chemical Weapons Convention and United Nations Security Council Resolution 1540, and national export control legislation and in relevant codes of conduct. While there is a vast literature covering dual-use concepts in particular with regard to life sciences, this is the first paper that incorporates into such discussion the (...) United Nations Security Council Resolution 1540. In addition, recent developments such as the extension of dual-use export control legislation in the area of human rights protection are also identified and reviewed. The discussion of dual-use concepts is hereby undertaken in the context of human- and/or national-security-based approaches to security. This paper discusses four main concepts of dual use as applied today in international and national law: civilian versus military, peaceful versus non-peaceful, legitimate versus illegitimate and benevolent versus malevolent. In addition, the usage of the term to describe positive technology spin-offs between civilian and military applications is also briefly addressed. Attention is also given to the roles civil society and research ethics may play in the governance of dual-use sciences and technologies. (shrink)

The tension between Kant’s egalitarian conception of persons as ends in themselves and his rejection of the right of revolution has been widely discussed. The crucial issue is more fundamental: Is Kant’s defense of absolute obedience consistent with his own principle of legitimate law, that legitimate law is compatible with the Categorical Imperative? Resolving this apparent inconsistency resolves the subsidiary inconsistencies that have been debated in the literature. I argue that Kant’s legal principles contain two distinct grounds of obligation to (...) obey political authority. One lies in his metaphysical principles of law, according to which there is only a duty to obey legitimate law or fully legitimate authorities. Another lies in his moral-pragmatic principles. He believes that membership in the state helps improve one’s character by counter-balancing one’s immoral inclinations. This is his ultimate ground for obedience to de facto, imperfectly legitimate states. On this ground, the duty to obey an actual state is conditional. Kant’s strong statements about the duty to obey actual states is explained by the ease with which he thinks the relevant condition is met by extant states. The apparent ambiguities in his discussion of obedience point to some important philosophical and historical shortcomings of his analysis of the division of govemmental powers and of judicial competence which hamper his analysis of the duty to obey the state. (shrink)

At IAPS Ljubljana conference (September 2007) Dag Vidar Hanstad and Sigmund Loland presented a paper on elite-level athletes' duty to provide information on their whereabouts, to decide between two opposing positions: is this WADA demand justifiable anti-doping work or an indefensible surveillance regime? They concluded that on moral grounds this regime is conditionally acceptable, the condition being the acceptability of a general framework and objectives embodied in anti-doping global legislative foundations (the World Anti-Doping Code). But, as they (...) said, principled objections against the system have more universal relevance, which has to be taken seriously . To take this ambiguous and intriguing conclusion a step further, I propose a legal rather than ethical approach, from the aspect of constitutional and international human rights law, and the possible clash of two legally acknowledged values - the concept of elite sport without doping, and the concept of individual human rights. This conflict between ideological or moral values and the legality of individual rights is not a novelty. This paper presents three instances of this conflict: Bernard de Mandeville's differentiation between public and private values; Eug ne Sue's parallel legal and civil morals; and the contemporary moralisation of law which conflates legality into morality. The subordination of legality to morality has potentially dangerous consequences: here, Agamben's 'state of exception' comes to mind, with his analysis of potestas and auctoritas. However, in the case of sport and the war against doping, the origin of power is not in the nation state; it originates in civil society's non-governmental national and international bodies recognised as autonomous sources of legal order. (shrink)

The present article delineates how the Roman and Christian dispositif of the person has increasingly brought about a neat division between persons and things. This has had devastating effects for both. On the one hand, things are reduced not only to servile objects but also to disposable commodities. On the other, the process of derealization of things is paralleled by that of depersonalization of persons; different typologies of persons emerge, historically reproduced by the distinction between real persons and those that (...) are declared non-persons, almost-persons, temporary persons or anti-persons. It is, however, possible to develop a new anti-hierarchical conception of things and persons by focusing on the human body and by taking into account the findings of anthropology as well as the works of philosophers such as Spinoza, Simondon and Latour. (shrink)

This paper argues that, for Ockham, the parts of the continuum exist in act in the continuum: they are already there before any division of the continuum. Yet, they are infinitely many in that no division of the continuum will exhaust all the existing parts of the continuum taken conjointly. This reading of Ockham takes into account the crucial place of his new concept of the infinite in his analysis of the infinite divisibility of the continuum. Like many of his (...) fellow anti-atomists, Ockham stresses that the concept of a potential infinite seems to contradict Aristotle’s modal logic, in particular the central assumption that there is no potency that will never be realized. Ockham, like other fourteenth-century anti-atomists, tried not only to refute atomism, but also to propose an analysis of the infinite divisibility of the continuum that is not incompatible with their modal logic. (shrink)

Anti-realistic conceptions of truth and falsity are usually epistemic or inferentialist. Truth is regarded as knowability, or provability, or warranted assertability, and the falsity of a statement or formula is identified with the truth of its negation. In this paper, a non-inferentialist but nevertheless anti-realistic conception of logical truth and falsity is developed. According to this conception, a formula (or a declarative sentence) A is logically true if and only if no matter what is told about what is (...) told about the truth or falsity of atomic sentences, A always receives the top-element of a certain partial order on non-ontic semantic values as its value. The ordering in question is a told-true order. Analogously, a formula A is logically false just in case no matter what is told about what is told about the truth or falsity of atomic sentences, A always receives the top-element of a certain told-false order as its value. Here, truth and falsity are pari passu , and it is the treatment of truth and falsity as independent of each other that leads to an informational interpretation of these notions in terms of a certain kind of higher-level information. (shrink)

This paper critically examines the relation between problems and the formation and development of concepts in Bergson’s work, as well as in Bachelard, Canguilhem and Deleuze. Building on work by Elie During, I argue that it is not only Bergson but also Deleuze who shares with the French epistemological tradition an “anti-positivist” conception of concept formation, founded upon the posing and solving of novel problems as opposed to the acquisition and verification of empirical facts. Contrary to During, however, (...) I argue that it is not Bergson but Deleuze who furnishes us with an “anti-positivist” conception of problems that is adequate to this anti-positivist conception of concept formation. Deleuze’s anti-positivist view of problems holds, firstly, that genuine problems require the creation of novel terms in which to state and solve them. He shares this view with Bergson, Bachelard and Canguilhem. Secondly, however, Deleuze holds that a problem’s “truth” is not to be evaluated with reference to its eventual solutions, nor with reference to some privileged and contentful experience of reality, but is rather a matter of its purely intrinsic productivity. (shrink)

This book explores various connections of John Stuart Mill's thought to ancient Greek philosophy primarily in relation to his conception of happiness. It argues that a better understanding of Mill's background in ancient Greek thought and his reading(s) of Plato's dialogues leads to innovative interpretations of his moral and political thought.

Background: The United States symbolizes democracy in the new world and contributes to global prosperity. Nevertheless, incrementalism is a historically dominant national approach to public policy implementation that delays democracy and undermines human dignity. Human flourishing and national development are endangered by slow-moving democratic changes. This necessitates a social justice framework that traces the exploitation of incrementalism and the consequences of opportunity gaps. Objectives: This study aims to construct a grounded theory to address and answer the following research question: Are (...) anti-democratic concepts part of a process or strategy that hinders democratic change, and what reinforces it, if anything? Methods: Two categories emerged from a grounded theory of democratic social change. This combination of anti-democratic tenets and democratic principles led to abductive reasoning to fill the research gap. Results: The key finding was the existence of a systematic approach that led to democracy while simultaneously disempowering the same group through legal and extralegal means. Two processes hinder democracy: incrementalism and an anti-democratic demoralizing process. A constructivist social justice grounded theory was developed to analyze and evaluate public policy for barriers and facilitators of democracy. A thorough analysis and evaluation of the impact and consequences of public policy is recommended to better understand how such policies impede democracy and influence American perceptions of justice. (shrink)

Often a division of concepts can help us better understand unknown or seldom charted philosophical terrain: historically, the distinctions and differences between idealism and materialism have proven helpful, but with Quentin Meillassoux‟s concept of correlationism, the divisions between realism and anti realismwhich once seemed clean-cut are now harder to understand. Graham Harman has gone a step further than Meillassoux‟s initial definition of correlationism, by which “we mean the idea according to which we only ever have access to the (...) correlation between thinking and being, and never to either term considered apart from the other,”2claiming in lectures that those who have pledged fidelity to the realism banner after Meillassoux aren‟t realist enough.Instead, says Harman, we should demand that any philosophy which claims to be realist must grant that no entity is more real than any other, whether they be atoms, quarks, institutions, regimes, human beings, bonobos, dreams or distant galaxies. A robust realism must maintain therefore that the universe is composed of objects of all shapes, sizes and types. It is here that I wish to stage something of an intervention; it seems to me that we could rather create a new division to help us understand the contemporary situation facing philosophy based on how various philosophies view objects. I propose that we contrast those philosophies which see objects only working through exterior means with those which grant some level of autonomy to objects; in other words, we should compare those philosophies which grant only an outer life to objects withthose which also grant them an inner life. A robust realism must not only count objects as means of our causal ends , or billiard balls in an extended chain of causation . Rather, a full-blown realism must look to the inner lives of objectsto understand the cosmos and not simply satisfy itself with studying their effects.By making this distinction, we can see more clearly the relevance of a number offigures who have yet to be regarded with any seriousness by the emerging speculative realism movement, creating another metaphysical option besidesweak and strong correlationism, eliminative materialism or idealism, speculative materialism and object-oriented philosophy, as well as better understand thefuture of speculative metaphysics. (shrink)

A growing interest in Claude Lefort is bringing to light his radical insights on modern democracy, totalitarianism, and human rights. While the notion perhaps most closely associated with Lefort is that of ‘the empty place of power,’ this article offers a reading of Lefort from a unique angle: his concept of the myth of the One. I demonstrate that to Lefort, the phantasmagorical appeal of the One – the desire for harmony, unity and stability – is the force that continually (...) endangers the democratic project, while the distinctive and unavoidable characteristic of democratic society is its ‘inability’ to name itself as One – a coherent and established social self. Thus, the main challenge of society is its symbolic self-institution. The discussion illuminates Lefort’s singular stance in the study of totalitarianism (Arendt), his rejection of the imaginary (next to Castoriadis), his debt to the structuralism scheme (Lévi-Strauss), as well as his conversation with anarchist voices (La Boétie, Clastres) and with psychoanalysis (Lacan). Ultimately, what Lefort coins ‘symbolic division’ condenses the pledge of democracy to embrace a neurotic self, a bodiless body, a nameless identity in an empty space of power. As such, Lefort’s anti-myth of the One promises to be a vexing objective. (shrink)

James Mill'sHistory of British India(1817) made a rather strange claim: first-hand experience of India was not vital in writing a history – potentially, it led to false ideas about its subject-matter: eyewitnesses are susceptible to bias. The historian was thus to perform his task as a judge: sifting through various testimonies to obtain a ‘more perfect’ conception of the whole than those who witnessed its various parts. Although strange, Mill's claim does not bewilder his readers: after all, Mill was a (...) ‘militant’ exponent of theorizing utilitarianism. I argue that such a reading of Mill's method is injudiciously restrictive. Not only did Mill draw on well-known methodological concerns in contemporary historiographical practice, not necessarily linked with Jeremy Bentham or the Scottish theoretical historiography, but he also seemed to adopt the vocabulary of forensic rhetoric, making his claim that his was a ‘judging’ history more literal than it has been supposed. (shrink)

Face au Parlement divisé en trois blocs à la suite des élections législatives françaises de l’été 2024, cet article analyse non tant l’impasse de la situation actuelle que les différents plafonds de verre dont elle résulte : l’incapacité à penser les migrations autrement que sous la forme de la menace, l’incapacité à imaginer l’économie autrement que depuis l’idéologie travailliste, l’incapacité à tirer les conséquences économico-politiques du problème écologique. Sur chacun de ces plafonds de verre, des points d’impacts sont identifiés pour (...) les faire sauter : une vision réaliste des besoins démographiques d’immigration face au vieillissement des la population, une conception pollinisatrice de l’économie, une taxation sur toutes les transactions financières, un emprunt écologique permanent et non-remboursable. (shrink)

The article views the development of the Tartu–Moscow semiotic school from the analysis of texts to the study of spatial entities (semiosphere being most well known of them). It comes to light that ‘culture’ and ‘space’ have been such notions in Tartu–Moscow School to which, for instance, the ‘semiosphere’ does not add much. There are studied possibilities to join Uexküll’s and Lotman’s basic concepts (as certain grounds of Estonian semiotics) with Tartu–Moscow School’s treatment of culture and space through the (...) notion of ‘semiotic subject’. Such an approach allows to see transdisciplinarity, which has come to issue only during the last decade, already in the first conceptions of Tartu–Moscow School where transdisciplinarity revealed itself in the symbiotic use of ‘culture’ and ‘space’. (shrink)

Si, depuis quelques dizaines d'années, la médecine de la reproduction s'est considérablement développée pour venir en aide aux couples confrontés à l'impossibilité de concevoir naturellement un enfant, c'est généralement avec l'objectif initial de favoriser une conception avec les gamètes du couple. Le développement successif de l' " Insémination Artificielle " et de la " Fécondation in Vitro " a néanmoins permis dans le même temps de faire émerger différentes possibilités alternatives de conception, en transgressant notamment le principe de la filiation (...) biologique. Un couple peut aujourd'hui concevoir un enfant avec d'autres gamètes que les siens et même envisager l'accueil d'un embryon conçu par un autre couple. Dans ces situations, la question de la conciliation des intérêts des différents acteurs se pose. En optant pour la règle de l'anonymat des dons qui prive l'enfant de toute information sur le donneur, certaines législations semblent considérer que ce principe allie au mieux ces intérêts. Pourtant non seulement la demande croissante de levée de l'anonymat formulée par les enfants issus de l'assistance médicale à la procréation fragilise ce choix de société mais certains pays ont devancé ce voeu en choisissant la transparence génétique. Cet ouvrage est le fruit de riches débats et réflexions échangés entre juristes, médecins, psychanalystes et sociologues, lors du premier Workshop du Réseau Universitaire International de Bioéthique. Adoptant une approche comparative, les articles rassemblés examinent la manière dont sont organisées, dans seize pays de cultures différentes, les pratiques et les conséquences d'un anonymat absolu, relatif, voire inexistant. En dépit d'une diversité de systèmes, un constat unanime ressort : la question de la levée de l'anonymat se pose partout avec acuité. La réponse, elle, réunit ou divise. Mais peut-il en être autrement sur un sujet qui touche aux perceptions sociales de l'identité de la personne, de la filiation ou de la " parentalité "? Créé en 2007, le Réseau Universitaire International de Bioéthique a pour objectif de promouvoir la recherche universitaire en rapprochant des chercheurs, de pays et, de cultures différents, spécialistes des questions liées aux pratiques biomédicales. Partant d'une approche croisée des différents systèmes juridiques, les travaux de ce réseau analysent les choix sociaux en matière biomédicale à travers les prismes de l'éthique, de l'anthropologie, la philosophie ou la sociologie. Ils veulent ainsi contribuer à la réflexion internationale sur la régulation des pratiques biomédicales et, incidemment, sur la conciliation entre les diversités culturelles et un certain universalisme, terreau d'une harmonisation du droit. Cette nouvelle collection sera donc un outil indispensable pour toute personne en quête d'une compréhension des enjeux sociaux de la bioéthique. (shrink)

This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in 2000, setting the (...) form of guilt and its content in criminal cases for negligent account management, posed no significant problems – the court practice and legal literature followed the attitude that this crime could be committed only negligently. According to Article 16(4) of the Criminal Code 2000, a person is punished for negligent commission of a crime or a misdemeanour only in individual cases stipulated in the Special Part of the Criminal Code. The problem was that no “individual case” was foreseen in Article 223 of the Criminal Code that imposed liability for negligent bookkeeping. This created preconditions for deviating from pre-existing case-law under which this crime could be qualified as negligent. Only in 2009 the Criminal Division of the Lithuanian Supreme Court concluded in its plenary session that Article 223 of the Criminal Code provided liability for criminal record-keeping and accounting only if committed negligently as a form of guilt, and other activities pursuant to this Article might be committed intentionally and recklessly. The plenary session identified a loophole of criminal law and created preconditions for the formation of uniform court practice. Only the legislator can remove the loophole of criminal law identified by the Supreme Court of Lithuania. The author states that all of the acts named in Article 223 of the Criminal Code can be committed negligently and suggests applying the rule contained in Article 16(4) of the Criminal Code to Article 223 of the Criminal Code. All of these findings are based on historical, grammatical and logical interpretation of the “neglect” concept and the analysis of Articles 222 and 223 of the Criminal Code. (shrink)

This article considers challenges facing the pro-life movement after Dobbs v. Jackson Women’s Health Organization (2022). It identifies four questions the movement must face: (1) whether to adopt a combative or conciliatory rhetorical stance; (2) how to prioritize new legislative goals; (3) how to define the limits of acceptable compromise; and (4) how to respond to Americans with ambivalent attitudes toward abortion. The article argues that each of these issues could precipitate serious division in the pro-life movement that will impact (...) likelihood of future success. (shrink)

The concept of work–family balance was introduced in the 1970s in the United Kingdom based on a work–leisure dichotomy, which was invented in the mid-1800s. It is usually related to the act of balancing of inter-role pressures between the work and family domains that leads to role conflict. The conflict is driven by the organizations’ views of the “ideal worker” as well as gender disparities and stereotypes that ignore or discount the time spent in the unpaid work of family and (...) community. Solutions for balance include legislation, flexible workplace arrangements, and the market care services. (shrink)

The critical reception of racist, sexist and anti-Jewish dimensions in the works of canonical authors has moved to the center of philosophical discourse. Many of those who engage in the history of philosophy have defended the established canon and advocated for critical readings. I want to show that the current discourse on Hegel’s treatment of religion misreads his position as “modern”, because it does not take the works of his Jewish contemporaries into account. In my own reading of the (...) Grundlinien, I will show that Hegel’s concept of the division of Church and state does not remain neutral when it comes to religious affiliation but has a clear anti-Jewish bias (I). This serves to show that one can neither adequately identify nor address identity-based discrimination in the works of majoritarian thinkers without an equal commitment to diversifying the canon to include positions of marginalised authorship (II). (shrink)

It seems that eudaimonistic reconstructions of John Stuart Mill's conception of happiness have fallen prey to what they thought Mill should have done with regard to the role of pleasure in his notion of happiness. Insisting that utility and eudaimonia make conflicting claims, something which mirrors Mill's ‘conflicting loyalties’, they downgrade pleasure to just one of the ingredients of happiness. However, a closer look at Mill's intellectual development suggests otherwise. By focusing on Mill's radical background, this paper argues that pleasure (...) retains a central role in his conception of happiness – even from a eudaimonistic point of view. (shrink)

1. Overview -/- 1.1 Main Divisions When, if ever, is it morally permissible to end the life of a human embryo or fetus, and why? As regards the first of these questions, there are extreme anti-abortion views, according to which abortion is prima facie seriously wrong from conception onwards – or at least shortly thereafter; there are extreme permissibility views, according to which abortion is always permissible in itself; and there are moderate views, according to which abortion is sometimes (...) permissible, and sometimes not. -/- Moderate views appeal to a variety of considerations in support of the view that abortion is sometimes justified, but these fall into four main categories. First, there are cases where the developing human is seriously defective in some way – perhaps such that it will not have a life that is worth living. Secondly, there are cases where continuation of pregnancy would involve serious risks to the life or health of the woman. Thirdly, there are moderate positions according to which the developing human initially does not have serious moral status, or a right to life, but acquires such status at some point before birth. Finally, it is often held that abortion is justified in the case of rape. -/- With the exception of the last consideration, moderate views assume that the moral status of the developing human is crucial with respect to the permissibility of abortion. Moreover, this is a natural assumption that was shared by all sides until the publication in 1971 of Judith Jarvis Thomson’s article “A Defense of Abortion,” in which she argued that abortion is permissible even if one assumes, for the sake of argument, that human embryos and fetuses have a right to life. Thus we have one of the great divides in the philosophical discussion of abortion: Is the moral status of the developing human generally decisive with regard to the moral permissibility of abortion or not? -/- 1.2 The Moral Status of the Developing Human: Thomson and Boonin Thomson’s article evoked many critical responses, along with some defenses, which I have described elsewhere (2013; “Thomson’s Attempt to Defend Abortion in General”). Crucial, however, is David Boonin’s defense (2003), which contains responses to all of the important objections directed against the attempt to show that one can defend abortion while granting that human embryos and fetuses have a right to life fully on a par with that of normal adult human beings. -/- Boonin’s impressive efforts notwithstanding, I do not think that this way of defending an extreme permissibility view is successful. The crucial issue is whether it is morally permissible intentionally to bring into existence an entity with a right to life in a situation where one knows that it will not survive without one’s assistance, and then to refrain from providing that assistance. An especially forceful way of arguing that this is not permissible is found in an article by Richard Langer (1993, 351-2), who argues that if this were permissible, it would follow not only that abortion was justified, but also that it is permissible to allow one’s children to die, some years after birth, simply because one no longer wishes to care for them. -/- 1.3 Moderate Views Moderate positions on abortion raise a number of issues that, for reasons of space, I cannot address here. Some of these depend on the issue of the moral status of the developing human, and defending a moderate view requires showing that both extreme anti-abortion and extreme moral permissibility views concerning the moral status of humans before birth are incorrect. I have argued elsewhere (1983, 285-302, and 2009, 59-63) that the prospects of doing this are not promising. -/- As regards permissibility in the case of rape, everything depends upon whether, as Thomson contends (1971), there is no obligation to be a good Samaritan, rather than merely a minimally decent one, and so no obligation for a woman to remain pregnant to save the life of a being that she was not responsible for bringing into existence. Finally, on the one hand, in cases where the woman will die if an abortion is not performed, virtually all moral philosophers, with the exception of those who embrace the moral view advanced by the Catholic Church in encyclicals by Pope Pius XI (1930) and Pope Paul VI (1968), agree that abortion is morally permissible, while, on the other hand, if the situation is one where there is only some risk that the woman will die if an abortion is not performed, or where the threat is not to the woman’s life, but only to her health, then the situation does seem clear-cut if one assumes that the embryo or fetus has a right to life. -/- 1.4 Extreme Anti-Abortion Views Very different arguments are offered for the view that abortion is in itself never permissible. First of all, in popular discussions, appeal is frequently made to the mere fact of membership in the biologically defined species Homo sapiens, but among those who are philosophically knowledgeable, this line of argument is almost invariably rejected, for reasons that I have set out elsewhere (Tooley, 2009, 21-35). -/- Secondly, appeal is also made to the idea that humans have immaterial minds, or souls – for example, by Stephen Schwartz (1990), J. P. Moreland and Scott B. Rae (2000), Norman Ford (2002), and Francis J. Beckwith, (2005). The postulation of immaterial minds or souls is, however, open to strong objections, since there is excellent evidence that human psychological powers have their categorical bases in neural structures, rather than in an immaterial substance (Tooley, 2009, 15-19). In addition, the postulation of an immaterial soul, conceived of along Thomistic lines, is on a collision course with biology, since such an immaterial soul is held to govern a human’s life processes and biological development. -/- Thirdly, there is the ‘substantial identity’ argument, advanced for example by Patrick Lee (2004), and which claims that an entity possesses a right to life by virtue of the type of substance it is. This view is exposed to a number of strong objections, however, among them the fact that it leads to the unacceptable consequence that a human that has suffered upper brain death still has a right to life (Tooley, 2009, 51-9). -/- The upshot is that most philosophers do not find any of the preceding three lines of argument for an extreme anti-abortion position promising. The focus, accordingly, has been elsewhere – namely, on arguments claiming that human embryos and fetuses have serious moral status, or a right to life, because they have the potentiality for developing those psychological capacities – for thought, self-consciousness, rationality, and so on – that seem clearly relevant to a being’s moral status. -/- In what follows, then, I shall confine my discussion to what seems to me the most crucial issue bearing upon the moral status of abortion, namely, that between, on the one hand, a potentiality account of moral status, and, on the other, the type of approach most commonly appealed to in support of an extreme permissibility position on abortion, namely, a personhood account of the right to life. -/- One of the earliest defenders of the view that potentialities give something a right to life was Jim Stone in his article, “Why Potentiality Matters,” where Stone argues for the conclusion, “we have a prima facie duty not to deprive them of the conscious goods which it is their nature to realize” (1987, 821). Stone’s discussion, however, attracted much less attention than an article published two years later by Don Marquis, entitled “Why Abortion is Immoral.” The latter is one of the most interesting articles on abortion, as well as one of the most discussed––and deservedly so. In what follows, then, I shall focus upon it. -/- My discussion is organized as follows. In section 2, I summarize Marquis’s account of the wrongness of killing. Then, in section 3, I set out an alternative account, one in which the concept of a neo-Lockean person is central. Sections 4, 5, and 6 are then devoted to criticisms of Marquis’s approach, all of which also support the alternative, rights-based, neo-Lockean personhood account. (shrink)

This research article analyzes the right of disposal of marital property in relation to the undertaking of those legal actions that imply the highest authorizations that legal subjects can have over things. Having in consideration the fact that according to the legislation in the Republic of Macedonia, marital property is joint as are the authorizations of spouses over their joint items, it is important to determine the extent of the disposal, i.e. who disposes of the items of the joint (...) property and to what extent. Referring to the normative framework, which regulates disposal relations of spouses, the article emphasizes the concept and importance of the authorization of disposal of things, through legal activities. In this context, the article tends to draw a divisive line between the administration with the joint item, referring to continuative actions and measures and the disposal of the thing, which is not continuative but, due to legal consequences it causes, has great importance in practice, and as a result, enjoys greater attention in legislators in terms of its limitation compared to the acts of administration with joint items in marriage. (shrink)

La solidarité n'est ni assurance ni assistance. Elle ne divise pas le monde entre ceux qui donneraient sans recevoir et ceux qui recevraient sans avoir rien à donner : tous contribuent selon leurs capacités et reçoivent selon leurs besoins. Le droit européen a récemment hissé la solidarité au rang de principe fondamental, à l'instar de la liberté, de l'égalité et de la justice. Dans le même temps, l'idéologie libérale en promeut le démantèlement méthodique, considérant qu'une «grande société» fondée sur l'ordre (...) du Marché «n'a que faire de la «solidarit黫 (F Hayek). La question se pose donc de savoir si la solidarité est le témoin provisoire d'un ordre juridique condamné à disparaître ou bien l'un des ferments de sa recomposition. L'enquête conduite dans ce livre vise à y répondre. Elle commence par retracer l'histoire du concept de «solidarité», depuis son apparition en droit romain jusqu'à sa moderne diffusion en biologie, en sociologie et en droit social. Elle se poursuit en examinant cette notion d'origine européenne au prisme d'autres civilisations. Explorant les évolutions politiques et législatives les plus récentes, elle met enfin en évidence l'extrême actualité du principe de solidarité dans toutes les grandes régions du monde. (shrink)

The main task for philosophers is introducing, clarifying, articulating, or simply redirecting concepts as—to echo Quine’s poetic formulation— “devices for working a manageable structure into the flux of experience.” I sometimes use “coining concepts” as shorthand for this task. When the concepts are quantitative they are part of a possible science ; when the concepts are qualitative they can be part of a possible philosophy. Of course, in practice, concepts are oft en stillborn, while others (...) have multiple functions in fi elds of inquiry that may straddle philosophy and science. In this chapter I argue that historians of philosophy must, among other things, coin concepts that disclose the near or distant past and create a shared horizon for our philosophical future. In virtue of our expertise we can often do so by drawing on previously orphaned concepts. The more narrow aim of this paper is to introduce two concepts, “Newton’s challenge to philosophy” and, especially, “philosophic prophecy,” that are suitable to philosophers who engage with texts in a scholarly fashion. I do so by re-telling the story of early analytical philosophy and its connection to the reception of Spinoza. By “Newton’s challenge to philosophy,” I mean the following: from about 1700 onward, “natural science” is increasingly taken to be authoritative in settling debates within philosophy; it is a concept that focuses attention on the authority of science and its various manifestations within philosophy. By “philosophic prophecy,” I mean the structured ways in which concept formation by philosophers can shape possible futures, including that of philosophy. In what follows, I first develop and characterize philosophic prophecy more precisely. In order to illuminate the concept, I contrast it with several related, more familiar concepts. Second, I offer brief critical comments on two alternative approaches to the history of philosophy promoted by Quentin Skinner and Michael Kremer in order to make more precise the approach favored here. Third, I offer a fresh narrative about the prehistory and origin of analytical philosophy. My story focuses on Ernest Nagel, who, I claim, is the philosophic prophet of analytical philosophy. Along the way, I explore the shared origins of analytical philosophy and analytical history of philosophy in the anti-Spinozistic writings of George Boole and Bertrand Russell. I oppose Nagel’s and Russell’s narratives in light of Moritz Schlick, the founder of the Vienna Circle. I adopt Schlick’s bold and unappreciated vision of the task of philosophy in scientific age. I focus on his identification of philosophical legislation with qualitative concepts. (shrink)

Georges Bataille (1887–1962) is one of the most significant thinkers of the 20th century, whose anti-humanist anthropology influenced subsequent existentialist and post-structuralist philosophy. His wide-ranging writings (across philosophy, archaeology, economics, sociology, poetry, erotica and history of art) frequently mention children, childhood and childishness, and yet there has hitherto been little to no attention paid to this aspect of his work. This article opens up a neglected theme in Bataille studies, and also explores the consequences of Bataille's presentation of the (...) human condition for our understanding of the pedagogical relationship. Of particular interest is the idea of the agentic child, which occupies such an important place in childhood studies, educational theory and public policy. In the light of Bataille's anthropology, I shall explore the idea that the pursuit of children's agency is the victim of its vaunting ambition. (shrink)

Le mal est un πoλλαχ ς λɛóμɛvov dont les multiples acceptions sont ordonnées selon la division traditionnelle entre le mal naturel ou physique et le mal moral. Le mal naturel désigne la violence que vit et subit l'homme lorsque la nature ou le monde contrecarre sa vie et ses projets: catastrophes naturelles, maladie, souf-france, mort. Ce mal naturel traverse et transit l'existence humaine; dans la mesure où il empêche la réalisation des projets humains et compromet l'ouverture en avant de l'existence (...) humaine, il est ce que Kant nomme anti-final. Le mal est un événement du monde indépendant de la volonté de l'homme. Le mal vient d'un autre et cet autre c'est la nature, le monde ou Dieu. Le mal n'est pas un événement inscrit dans l'horizon de la volonté du sujet mais il est imputé à un autre que soi mais qui a la particularité de conditionner mon être. Le mal est alors un concept de l'être en général, de l'être considéré comme englobant aussi bien l'être que nous sommes nousmêmes que l'être que nous ne sommes pas nous-mêmes. Cependant, cette compréhension du mal n'exclut pas tout lien avec la liberté. (shrink)