In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hegel’s Theory of Self-Conscious Life by Guido SeddoneWill DesmondSEDDONE, Guido. Hegel’s Theory of Self-Conscious Life. Leiden: Brill, 2023. 155 pp. Cloth, $138.00Guido Seddone’s monograph explores an ensemble of issues centering on what he terms Hegelian “naturalism.” He argues that “Hegel’s philosophy represents a novel version of naturalism since it stresses the mutual dependence between nature and spirit, rather than just conceiving of spirit as a substance emerging and (...) separating from bodily natural requisites.” Seddone avoids scholarly exegeses to address instead “theoretical and systematic aspects of the Hegelian philosophy.” He focusses on “life” and “self-consciousness” as the conceptual keys to those parts of Hegel that remain compelling for relevant contemporary debates. “This book is, therefore, based on the dialogue between Hegel [End Page 361] and contemporary thinkers and strives to enhance our understanding of theoretical and practical issues and to widen the grammar of the philosophical thought.” The book’s chapters proceed from the more abstract to the more concrete—essentially from issues of logic, epistemology, and psychology to morality, society, and history.Chapter 1 (“Science of Logic: The Logical Premises of Hegel’s Naturalism”) argues that the categories of “Teleology” and “Life” in Hegel’s Science of Logic mark the critical transition in his naturalism from the sciences of physics (“Mechanism”) and chemistry (“Chemism”) to biology, as well as from external nature to inner self-consciousness and cognition. Seddone helpfully points to Hegel’s revisions of Kant’s subordination of teleological language (merely heuristic) to mechanical explanation. Most promising is the comparison of the “self-referring negativity” of Hegelian “life” to discussions by Evan Thompson and Francisco Varela of the cell—whose permeable membrane enables it to be more than its merely chemical environment.Chapter 2 (“Self-Consciousness”) takes a rather bird’s-eye approach to the Phenomenology of Spirit, offering a basic reading of Hegelian self-consciousness and Geist in relation to the Cartesian cogito and Kantian unity of apperception. Scattered remarks about animal desire and the master–slave relation could be clarified to better explore a naturalistic basis of the Hegelian conception of mind. One is struck by the dearth of specific texts from the section “Self-Consciousness”: Seddone seems content with some well-known quotations (for example, Geist as an “I that is We and We that is I”) punctuating large generalizations.Chapter 3 does not quite live up to its title (“The Hegelian Theory about the (Human) Biological Organism”) in that it focuses primarily on Hegel’s “treatise about habits” in the Encyclopaedia of the Philosophical Sciences. Here habit is construed as a second nature, and hence a further step toward self-conscious, relational mind: Habits are “universal ways of the soul, i.e. ways in which individual soul [sic] incorporates feelings by evolving general rules and practices.”The last section of chapter 4 (“Extended and Embodied Mind”) reverts to habits as moments of the feeling soul but dissociates Hegel’s notion of Verleiblichung from contemporary discussions of embodied mind. By contrast, Seddone argues for retranslating Hegelian Geist as “common mind” and juxtaposes this with the related concept of mind (in, for example, Philip Pettit) as “extended” through social entities, with the result that Hegel’s approach is praised as “the state-of-the-art of this topic.”Chapter 5 (“Natural and Self-conscious Agency”) is perhaps the clearest chapter as it presents the dialectic of the abstractly universal will in the initial sections of Philosophy of Right, links this and the Hegelian conception of free agency to his logical category of “actuality,” and proceeds to an illuminating contrast of the Hobbesian and Hegelian visions of society and state. [End Page 362]In tackling attempts to reconcile “Normativity and Freedom,” chapter 6 spends over six pages rehearsing the basics of Kantian autonomy before turning to Hegel’s Phenomenology of Spirit, specifically the master–slave dialectic (again) as the critical moment in the evolution of social norms. “My thesis is that self-conscious life needs recognition in order to achieve the higher form of independence created by social acknowledgement and justification, what [sic] fosters the condition for an authoritative reason that can be socially... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 329 I find Farley's theory of tragic existence and divine compassion distressing and depressing. To sufferers, it says: "C'est la vie!" Put more learnedly, "created perfection is fragile, tragically structured.. •. And yet, without creation, divine eros remains merely potential, inarticulate. The fragility of creation and the nonabsolute power of God culminate in the tragedy and rupture of history" (p. 124). Thank God, I can now have (...) God,to blame. Of course, God is trying to repair the damage, but even God's efforts are ultimately vain since "absolute evil " will ever play havoc with history and since God himself is responsible for suffering. Furthermore, since the author does not offer any extensive discussion of the suffering and death of God.on the cross (she dismisses the idea: "The compassionate God is... to he distinguished from the benevolent but impotent deity who ' suffers with ' the world" [p. 112]), nor of the resurrection of Jesus as divine vindication of innocent suffering, nor of hope for a life beyond,· her tragic vision sheds no real light on the problem of suffering nor can it pro-.vide impetus for the struggle against evil or hope for victims-especially when demons whisper that life is futile, suffering meaningless, and the cosmos void. The book is repetitive (suffering: pp. 23-24, 30-31, 51-59, 115-119; tragic vision: pp. 31-37, 78-79, 98-99, 106-110, 124-125; compassion: pp. 37-39, 79-81, 92-94, 110-114, 114-119, 126-128). It is oracular ("theologians have been uncomfortable about directly attributing love to God " [p. 96], self-contradictory (it speaks of God's " aseity " and divine " relationship " in the same breath [p. 105]), and misleading in its use of sources (e.g. its appeal to Thomas for its peculiar understanding of analogical language about God [pp. 101-103]). Mercifully, the hook is brief. The Catholic University of America Washington, D.C. PETER c. PHAN Time, Freedom, and the Common Good. By CHARLES M. SHEROVER. New York: State University of New York Press, 1989. Pp. xiii+ 314. $59.50 (cloth) ; $19.95 (paper). Guided by the insights of traditional political philosophy and contemporary phenomenology and animated by 'the spirit of Tocqueville, Sherover's book is an attempt " to secure the foundations of a public philosophy adequate for our time" (p. xii). Like Tqcqueville, Sherover is preoccupied with the " universal appeal of freedom," with its com- 330 BOOK REVIEWS plications, its paradoxes, and especially its possibilities. Sherover faults liberalism for its simplistic conception of freedom and its " superficial view of the nature of human existence" (p. 8). In an attempt to find a more adequate account of human experience, Sherover appeals to three existential categories: sociality, temporality, and freedom. The project of the book, which moves from the establishment and articulation of these categories to :their practical application, is ambitious. Yet the argument is lucid and persuasive. Following Aristotle, Sherover argues for the primacy of the social in human life. He effectively argues not only that moral norms and linguistic practices are socially rooted phenomena, but also that " social membership is prior... to any notion of differentiating individuality " (p. 20). Social atomism is but a theoretical abstraction, and individualism is as incoherent as a private language. Sherover points out that the defense ·of the social nature of human existence has at least one negative result: it undermines political theories that are rooted in a radically individualistic conception of human nature. Yet the emphasis on sociality does play a positive role in Sherover's essay: it serves as an initial justification of the relevance of the idea of the common good to political discourse. The existential category of sociality surfaces, for instance, in Sherover's cogent account of rights, wherein he argues that particular rights should not be seen as innate and absolute. The claim that rights are innate renders unintelligible the prevalent notion of "newly dis· covered" rights (p. 79). Instead, particular rights are socially recog· nized, justifiable claims which cannot he isolated from the social and political context in which they are recognized and exercised. Particular r.ights come into being over time and in intimate connection with con· crete... (shrink)

It is my purpose to explore some of the problems concerning the relation between divine creation and creaturely freedom by criticizing various versions of the Free Will Defense (FWD hereafter).1 The FWD attempts to show how it is possible for God and moral evil to co-exist by describing a possible world in which God is morally justified or exonerated for creating persons who freely go wrong. Each version of the FWD has its own story to tell of how it (...) is possible that God be frustrated in his endeavor to create a universe containing moral good sans moral evil. The value of free will is supposed to be so great that God is morally exonerated under such circumstances for creating the Mr. Rogers type persons you know, the very same people who are good sometimes are bad sometimes. If it is objected that God could not be unlucky in this manner, that it necessarily is within his power to create goody-goody persons, either by supernaturally willing in his own inimitable manner that it be so, which is the theological compatibilist objection, or by a judicious selection of the initial state of the universe and operant causal laws which together entail that every free action be morally right, which is the causal compatibilist objection, the response is that it is logically incompatible that a creaturely free action be determined by God or by anything external to the agent, such as causes outside of the agent. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 305-306 [Access article in PDF] Fichte, J. G. Foundations of Natural Right according to the Principles of the Wissenschaftslehre. Edited by Frederick Neuhouser. Translated by Michael Baur. Cambridge Texts in the History of Philosophy. New York: Cambridge University Press, 2000. Pp. xxxv + 338. Cloth, $64.95; Paper, $22.95. Though best known for his immensely influential effort to "systematize" Kant's Critical philosophy (...) and to ground the same upon a transcendental analysis of the structure of self-consciousness, Fichte also made seminal contributions to social and political philosophy. Of these contributions, the most original is surely his effort to demonstrate that mutual recognition of free subjects is a condition for the possibility of individual self-consciousness. This transcendental deduction of the essentially social or intersubjective character of human beings provides the theoretical underpinnings for a pure theory of Naturrecht ("natural law" or "natural right"), in which the principles of political philosophy are established without any reference to the purely practical principles of morality. Unlike moral laws, the principles of right are only hypothetically or conditionally valid, inasmuch as they are dependent upon one's free decision to live in a community of free beings and to limit one's own freedom accordingly.Justice and law are thereby grounded upon a new, distinctly political conception of [End Page 305] human freedom, which is itself grounded in a new account of the intersubjective dimension of self-consciousness. Following his deduction of the pure concept of right, Fichte proceeds to deduce the conditions for applyingthe same, among the most significant of which is embodiment. Here again, Fichte was a pioneer in arguing for the necessary connection between self-consciousness and the human body. The next step is to demonstrate in detail how social relations between embodied free agents must be organized if such agents are to co-exist in a community. This hypothetical application of the pure concept of right establishes both the "right of coercion" and the basic outlines of the "right of the state," and hence the general form of any legitimate state constitution.Though it appears that Fichte is working with the social contract tradition, his deductive strategy requires a fundamental revision of the same and allows him to construct a theory of the just state that is both recognizably "liberal" and extraordinarily open to considerations of economic justice and social welfare. It is for this reason that some European philosophers (notably, Luc Ferry and Alain Renaut) have in recent decades employed Fichte's political thought as a major resource in their effort to defend a rights-based political theory against attacks from both the right and the left.The primary source of Fichte's political philosophy is his 1796/97 Grundlage des Naturrecht, a work that exercised a decisive influence upon Hegel (whose Phenomenology of Spirit is often and incorrectly described as the first effort, within the context of post-Kantian Idealism, to demonstrate that intersubjectivity is a condition for the possibility of self-consciousness). Directly and indirectly (that is, through Hegel) Fichte's social and political philosophy exercised a strong influence upon Marx and other nineteenth- and twentieth-century socialists.For all of the above reasons, the appearance of a new and reliable English translation of Fichte's Grundlage des Naturrechts is a cause for celebration. Let it be said at once that Michael Baur's translation is simply marvelous. It is accurate and readable, as well as faithful to the style of this, one of Fichte's best-written works. Frederick Neuhouser's Introduction to this translation is equally fine. In it, Neuhouser not only outlines Fichte's main arguments and conclusions, but also offers a brief but trenchant critical appraisal of the historical significance of Fichte's achievement and of the potential relevance of his ideas to contemporary debates and discussions. The Introduction also includes a provocative and well-balanced discussion of some of the unresolved problems implicit in Fichte's arguments. Readers will also appreciate the useful "Guide to Further Reading," and index... (shrink)

Certain states in the Global North have responded to refugees seeking safety on their territories through harmful practices of border violence, detention, encampment and containment that serve to prevent and deter refugee arrivals. These practices are ostensibly justified through an appeal to a right to control borders. This paper therefore assesses whether these harmful practices can indeed be morally justified by a state’s right to control borders. It analyses whether Christopher Heath Wellman’s account of a state’s right to freedom (...) of association, which represents the most restrictive account of a state’s right to control borders available in the literature, can extend to justify current harmful practices against refugees. If not, then no available justification will be able to do so, and thus contemporary harmful practices used against refugees cannot be justified by a state’s right to control borders. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The State by Philip PETTITSteven B. SmithPETTIT, Philip. The State. Princeton, N.J.: Princeton University Press, 2023. 376 pp. Cloth, $39.95The dust-jacket of this book announces a bold claim: “The future of our species depends on the state.” Ever since the Treaty of Westphalia, the state has been regarded as the basic unit of political legitimacy, and yet the state has never ceased to have its critics. From the (...) left, the state has been regarded as failing to realize a normatively appealing ideal of justice that, it is believed, can be achieved only in some form of post-sovereign organization. From the right, the state has been seen as an agent of collectivization that threatens individual liberty and the right to property. Philip Pettit hopes to deflect both of these [End Page 159] complaints in his defense of the state as the indispensable political institution.This is a big and complex book that defies easy summary. Its core attempts to define the nature and limits of the “modern state” even if the term modern and how this differs from other alternative forms of political association is never explored. On Pettit’s realist account, the state will acquire legitimacy, not by holding it to rigorous standards of justice, but if it is able to achieve a rough balance of power between rulers and ruled. This standard does not require equality between the rulers and the ruled or even among the ruled themselves, but it does presuppose the value of stability that is a necessary requisite for any desirable polity. Pettit is, after all, the author of a book on Hobbes, and The State may be seen as an attempt to adapt and update Leviathan.Like Hobbes, Pettit insists that the attainment of political order is a precondition for any possibility of justice. Reversing Rawls’s famous dictum, it is order, not justice, that is the first virtue of social institutions. The author insists that the “functional polity” may fall well short of absolute justice, but this is because the state is related to justice in the way that prudence is related to morality. I wish this point had been more fully developed. It suggests a sphere of political ethics that stands somewhere between Machiavellian power politics and Kantian ideal theory. It suggests that politics requires a degree of prudential flexibility and latitude that cannot be reduced to norms or laws. But how prudence is related to justice, Pettit tantalizingly holds open for another book.The state that Pettit endorses sounds above all like the modern liberal state. The state will serve its ends when it provides for the rule of law that gives each citizen the freedom to act with impunity under legal protection. Sounding like Montesquieu’s famous definition of liberty as “that tranquility of spirit which comes from the opinion each one has of his security,” Pettit suggests that “the fully functional state should give each citizen a reliable, determinate zone of legal security, however limited it may be, within which they can decide on how they want to live their lives.” Isaiah Berlin could not have said it better.The book is divided into two large sections. The first deals with what might be called the metatheory of the state focusing on the rule of law, individual and corporate agency, and a theory of “decentralized” sovereignty. The second part deals with the functions of the state proper. These include the collective power of the people to challenge the sovereign—the best part of the book in my opinion—a defense of individual rights, and the ability of the state to intervene in the economy. Each of these claims, I expect, will give rise to heated debate, but I cannot develop them here.One of the more striking claims of Pettit’s book is the statement that “there has been little work on the theory of the state in the sense in which we pursue it here.” Much may hinge on the meaning of that last phrase, but as for the first part of the sentence, it is literally head scratching. Pettit acknowledges the importance of Bodin, Hobbes, Locke, Rousseau, and [End... (shrink)

The goal of this paper is to clarify the role wrong plays in Hegel ’s system of right, as both a form of freedom and the transition to morality. Two approaches will be examined to explore wrong in practical philosophical terms: First, one could take the transition to be descriptive in nature. The transition describes wrong as a realized fact of the human condition that one inherits from the outset. Second, one could see it as prescriptive. Actual wrongdoing (...) would be essential for the subject’s progression to becoming moral. Though both are most likely the case, emphasis is given to the latter since it represents the actualization of potential. Furthermore, it will be suggested that wrong plays a similar role as that which alienation does in the Phenomenology of Spirit; both bridge the will as abstract personality with the moral point of view. (shrink)

With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system (...) of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark. (shrink)

“Will which is actually free is the unity of theoretical and practical spirit.” So opens the section of Hegel’s Encyclopedia known as “Free Spirit.” This text as well as both its immediate textual predecessor “Practical Spirit” and the introduction to the Philosophy of right comprise the mature Hegel’s attempt to give an account of freedom of the will, and mark a full departure from the Kantian standpoint on the matter. While Kant sees the evidence of freedom (...) of the will in the moral ought, Hegel contends that the evidence lies in the actions of individuals within certain social arrangements. (shrink)

This innovative study of ethics in Meiji Japan (1868–1912) explores the intense struggle to define a common morality for the emerging nation-state. In the Social Darwinist atmosphere of the time, the Japanese state sought to quell uprisings and overcome social disruptions so as to produce national unity and defend its sovereignty against Western encroachment. Morality became a crucial means to attain these aims. Moral prescriptions for re-ordering the population came from all segments of society, including Buddhist, Christian, and Confucian apologists; (...) literary figures and artists; advocates of natural rights; anarchists; and women defending nontraditional gender roles. Each envisioned a unity grounded in its own moral perspective. It was in this tumultuous atmosphere that the academic discipline of ethics (rinrigaku) emerged—not as a value-neutral, objective form of inquiry as its practitioners claimed, but a state-sponsored program with its own agenda. After examining the broad moral space of "civilization," Richard Reitan turns to the dominant moral theories of early Meiji and the underlying epistemology that shaped and authorized them. He considers the fluidity of moral subjectivity (the constantly shifting nature of norms to which we are subject and how we apprehend, resist, or practice them) by juxtaposing rinrigaku texts with moral writings by religious apologists. By the beginning of the 1890s, moral philosophers in Japan were moving away from the empiricism and utilitarianism of the prior decade and beginning to place "spirit" at the center of ethical inquiry. This shift is explored through the works of two thinkers, Inoue Tetsujiro (1856–1944) and Nakashima Rikizo (1858–1918), the first chair of ethics at Tokyo Imperial University. Finally, Reitan takes a detailed look at the national morality movement (kokumin dotoku) and its close association with the state before concluding with an outline of some conceptual linkages between the Meiji and later periods. With its highly original thesis, clear and sound methodology, and fluid prose, Making a Moral Society will be welcomed by scholars and students of both Japanese intellectual history and ethics in general. (shrink)

"Republicanism" in Kant's political philosophy describes the type of state and the kind of politics demanded by freedom. Thus understood, republicanism expresses the limits of practical reason in politics. ;Kant sets his political thought against Hobbes' empirical description of political individuals, for whom norms arise through imaginative "picturing" of various conditions. For Kant free practical subjects are motivationally independent of sensed objects and possess ability for self-legislation . Kant further maintains that ideas are "regulative", not constitutive, of (...) human understanding, such that correct use of them requires knowledge of their "principles." ;Because autonomy governs internal determinations, it cannot be the principle of republicanism, which as a matter of "right" concerns actions in their external aspect alone. Actions are subject only to moral possibility, or "permission". Kant's "permissive law" can be understood as law only if moral obligation is distinguished from the specification of duty, a distinction drawn by Achenwall, who influenced Kant. Right built on "permission" connects "first taking" and "intelligible possession". This explains two notions permeating Kant's political writings: obedience to state authority as such, and skepticism regarding any identification of existing arrangements with the idea of a perfectly rightful state. ;Thus conceived, right legitimizes various constitutions. The republican idea and its principle of "representation" are civil elaborations of permission's skeptical aspect. State authority represents the "universal united will", and cannot legitimately be resisted. ;This interpretation faces two challenges. One is unreserved cosmopolitanism, the claim that no right is conclusive without global authority. However, this position misinterprets "permission" as a preliminary violation of right, and therefore not as law. Secondly, the state may be seen as "rightfully" constituted for "fairness". This mistakenly attributes to Kant a Hobbesian view of individuals, and employs ideas not according to their principles , but in a direct, "pictorial" manner . ;Kant's "republicanism" is not an institutional arrangement but a principle of governance. The republican idea is the condition of the possibility of gradual, nonrevolutionary progress. Kant's "permission"---through its lack of specification and its deference to existing authority---is the expression of freedom in external contexts and the foundation of properly critical politics. (shrink)

In §481 of the 1830 Encyclopaedia, Hegel states explicitly that "actual free will is the unity of theoretical and practical spirit." In so far as human beings, in Hegel's view, are not just animals, but are self-conscious, thinking beings, their practical activity--or willing-must involve knowledge and understanding of what they want to achieve through such activity; and knowledge and understanding, for Hegel, are precisely what is meant by theoretical intelligence.

Many of us have experienced a peculiar feeling of freedom, of the world being open before us. This is the feeling that is captured by phrases like “the freedom of the open road” and “free spirits,” and, to quote Phillip Larkin, “free bloody birds” going “down the long slide / To happiness, endlessly.” This feeling is associated with the ideas that my life could go in many different directions and that there is a vast range of things that (...) I could become. It arises in concert with a wide range of human experiences, including experiences of artistic creation, play, fun, and resistance to authority. This freedom of openness and spontaneity, which I call spontaneous freedom, is central to our ordinary talk about freedom. Yet it is a phenomenon largely ignored in discussions of freedom in contemporary moral philosophy. This is because moral philosophers are primarily concerned to identify the sort of freedom that is a prerequisite for moral responsibility, and so focus on deliberate, voluntary action rooted in rational choice. When moral philosophers do discuss spontaneous freedom, it is often to disparage it as, in the words of Harry Frankfurt, the freedom of “the wanton” whose liberty is merely that of “anarchic impulsive behavior.” My dissertation develops a theory of spontaneous freedom and of the role it does and should play in our lives, including our moral and political lives. I argue that, to do full justice to the human aspiration for freedom, moral and political theory must recognize the value of spontaneity. Through a study of characters from stories and films by Virginia Woolf, Saki, Akira Kurosawa, and Aman Sethi, I develop a phenomenological account of the nature of spontaneous freedom. I argue that we experience spontaneous freedom when we experience our actions as arising out of ourselves but not fixed in advance either by the decisions of other agents or by our own preexisting commitments or plans. I further argue that spontaneous freedom is valuable because it allows for the distinctive pleasure of feeling that one’s life is unforetold and that one is among the sources of novelty in the world, a feeling that is central to artistic creativity. It also affords solace from the anxiety associated with the inevitability of death. As with many experiences, like falling in love or seeing an alpine lake, experiences of spontaneous freedom are most valuable when they are veridical. But even the subjective experience of spontaneous freedom, I suggest, activates our awareness of and openness to possibility. Achieving this awareness, at least on occasion, is valuable because it provides us with a sense of our own psychological potential and sharpens a skill that contributes to practical deliberation. My claim that spontaneous freedom is valuable conflicts with a popular account of the self. According to that account—endorsed by a number of moral philosophers but most famously associated with Christine Korsgaard—the ideal self is one that is well-ordered, actively constituted through rational deliberation. Such integrity theories of the self are attractive because they provide an account of agency according to which ideal moral agents invariably endorse their own actions and beliefs. Integrity theories view freedom as involving rational, deliberative control of one’s actions. But I argue that integrity theories forbid well-constituted moral agents to seek out experiences of spontaneous freedom: such agents must act in a manner that they antecedently and reflectively endorse, while spontaneous freedom requires acting in a manner not antecedently fixed by one’s own decisions. Insofar as spontaneous freedom is a kind of freedom that we do and should value, my account exerts pressure on this standard view of agency and the self. My account of spontaneous freedom also has important political implications. One version of liberal theory holds that the only sort of political freedom worth having is the freedom of each individual to effectively exercise choice compatibly with every other individual doing likewise. On this picture, I have all of the freedom that I could want if I am able to choose autonomously and act in accordance with my choices. But I argue that a community that secures this liberal variety of freedom does not yet provide its members with all the freedom for which people rightly yearn. When public and private institutions arrange our circumstances in ways that make the courses of our lives predictable, our own choices about how to act may be largely settled by the plans and decisions of other agents. This in turn makes it difficult for us to regard our futures as open in the way that is characteristic of experiences of spontaneous freedom. States should promote spontaneous freedom by providing the material and social preconditions for us to feel that our lives could head in radically different and unanticipated directions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Is Beauty an Archaic Spirit in Education?Howard Cannatella (bio)O! Father and mother, if buds are nip'd and blossoms blown away, and if the tender plants are strip'd of their joy in the spring day, by sorrow and care's dismay, how shall the summer arise in joy, or the summer fruit appear?William Blake, "The School Boy"1This article discusses the unfashionable and taboo idea that beauty matters. A sign of the (...) esteem in which beauty is held can be gauged by the fact that so few articles significantly address any conception of beauty in education. Yet outside a purely educational regime, matters are treated somewhat differently albeit confusedly. In contrast to a virtual silence on this issue, a defense of beauty is modestly made in this article—one that claims that education is considerably ineffective without beauty and would be a poorer and unjust system of practice if beauty were merely seen as an irrelevance, a distraction from the serious stuff of management practice. What is broadly pursued is an attempt to portray an educational praxis that involves the suggestion that an active being in the world is someone who shows themselves to be in some exhortation of its beauty. An attempt is made to map out a few of the reasons why the sense of beauty is an important condition of being, a position few educationalists, so the arguments go in this article, can choose to take lightly. In what can be seen at times as a rather tasteless, aggressive, and doctrinaire educational climate, an education that is culturally alive and buzzing with the sounds, smells, images, rhythms, freedoms, play, knowledge, and rationalities that accompany and are inseparable from social and individual existence at intimate levels of being can revitalize teaching practice in more sensitive and magical ways. By exploring some of the reasons why we should not desensitize ourselves to beauty in education, it is possible to counter-argue for a greater retention and conviction of this experience. My supposition is that beauty as a poetic force should be regarded [End Page 94] as one of the defining characteristics central to pedagogic practice. In making this claim I draw upon a few of Charles Dickens's and William Wordsworth's ideas in support of the importance of beauty in education.IEnjoyment is not a psychological state among others, the affective tonality of empiricist psychology, but the very pulsation of the I.Emmanuel Levinas, Totality and Infinity2If it is the case that beauty is nothing other than the proper releasing of the human spirit, the grasping of delights, something fundamental to the capacity of our minds and body—"the form under which the intellect prefers to study the world"3 —then, we may wonder, why is current educational practice preoccupied with things of arguably less importance? The thought that "beauty is the basic impulse underlying education"4 —or as Carritt5 puts it, beauty instigates that which is morally worth cultivating, a recognition of something universally valid for humanity—strikes a certain agreement between Emerson, Scarry, and Carritt: namely, that beauty matters educationally. Indeed, Freud6 surmised that civilization could not survive without it, and Plato remarked that education "ought to end in the love of the fine and beautiful."7 Although these remarks may seem platitudinous, they may still nevertheless arouse within us a feeling that beauty is something quite immense, faithful, and necessary. With these ideas in mind, the aim here is to explain how certain aspects of beauty can be important for transcending some of the dystopia affecting educational practices together with some of the reasons why the intimacy of beauty is good for us. When the delicateness of beauty appears to be losing its appeal, it is perhaps no coincidence that a major reason why some students are disenchanted with education is because they fail to see the beauty in it. If beauty in society is losing its grip, what harshness or sadness will result?Let us begin with the obvious observation that a pluralist conception of beauty is a fact of life. If there are different perspectives of beauty, then, as Wittgenstein8 remarked, we... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Free Will’s Value: Criminal Justice, Pride, and Love by John LemosJohn DavenportLEMOS, John. Free Will’s Value: Criminal Justice, Pride, and Love. New York: Routledge, 2023. 284 pp. Cloth, $160.00It is a pleasure to read John Lemos’s latest work on moral free will, understood as the control needed for us to be morally responsible in “the just deserts sense.” Lemos is a clear writer who carefully lays out the (...) positions that he reviews and critiques. This book would be wonderful as a main text in a graduate seminar: The first six chapters critically address most of the main theories and moves in this wide field during the last twenty to twenty-five years, providing a very helpful overview while setting up Lemos’s own position. He advances an “indeterministic weightings” version of leeway-libertarianism about moral freedom that builds on both Robert Kane’s event-causal account and Robert Nozick’s older account of fixing the weight of practical considerations in the moment of choice. Lemos’s new account significantly refines the position that he defended against hard incompatiblism in his 2018 book. [End Page 721]Free Will’s Value also discusses responsibility in applied contexts, such as criminal justice and loving relationships. There are two chapters arguing that hard incompatibilists cannot save the “just deserts” aspect of criminal punishment or explain all the wrongness of taking the liberty of innocent persons mistakenly convicted. Their “public health quarantine” account of criminal justice will be utilitarian, and thus have a hard time justifying the beyond-reasonable-doubt standard for conviction. And, building on the critiques of compatibilism that he develops partly from Derk Pereboom and Bruce Waller, Lemos includes three chapters arguing that “axiological/pragmatist reasons” provide more evidence for libertarian free will than psychological evidence alone can.The final chapter in particular offers a novel argument that valuable sorts of interhuman loves need to involve self- or character-forming initiatives that are not primarily determined by factors beyond our control. The intrinsic value of some types of love, such as deep friendships—including romantic friendships—involve their being autonomous (my term), which in turn requires a kind of leeway-control. This involves arguing that “our will, effort, or a decision to love” is important to values achieved in sustaining loving relationships.Lemos’s own theory contends that Kane’s account of “self-forming actions” (SFAs) and “willings” (SFWs) in terms of dual “tryings” (or decisions) to do A or B in a fraught situation suffers from the “phenomenological problem” stated by Laura Ekstrom and Marc Balaguer, namely, that we do not normally experience fraught choices as involving such opposed tryings. This is even more evident, I believe, if we consider choices involving three or more salient options. Lemos is not convinced by Kane’s reply that the dual or multiple simultaneous efforts are usually unconscious, because he thinks responsibility for unconscious mental processes will (normally) trace to patterns of conscious choices made earlier in life. In fact, unconscious efforts, Lemos says, cannot meet even “plausible minimal compatibilist standards of responsibility” for elements of agency.I’m not convinced by this last claim, because it seems that an unconscious choice, C, could be responsive to (or counterfactually guided by) reasons relevant to C that the agent has considered in the past. Perhaps the problem is that “trying” is normally associated with attempting to act on an intention, but Kane uses it to describe the more elusive processes of agency involved in forming an intention via decision in the face of competing relevant options, which thereby incorporates motives into the intention. This sheds light on the further problem that it appears irrational to try to do multiple incompatible things at once. Pace Lemos, I think that Kane is right that “will-settling” is a special context in which it is not irrational for a single person’s agency to be engaged along dual pathways. Even if we do not call this “trying,” the agent’s interactions with the salient options are not like those of a detached spectator; they are volitional as well as evaluative. [End Page 722]Lemos’s account recognizes three loci... (shrink)

This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. -/- All of (...) the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy. (shrink)

Liberdade e eticidade: o diagnóstico crítico da modernidade política em Hegel Resumo: Após uma sucinta caracterização do processo de diferenciação e separação histórico-conceitual entre sociedade civil e Estado, respectivamente, entre o indivíduo burguês e o cidadão como traço principal da modernidade política, empreende-se uma análise concisa dos três registros da “apresentação” do conceito de liberdade, que, no âmbito do espírito objetivo, culmina no desenvolvimento do conceito de eticidade. Em seguida, explicita-se os três momentos lógicos, isto é, os três elementos constitutivos (...) e processuais do conceito de liberdade, que, em sua efetivação no âmbito do espírito subjetivo, assume três figuras, a da vontade natural, a da vontade do arbítrio e a da vontade livre que quer a efetivação universal da liberdade como seu “conteúdo, objeto e fim”. Hegel é por excelência o filósofo da modernidade política e, ao mesmo tempo, o seu crítico, na medida em que aprofunda a ruptura com a fundamentação teológica e jusnaturalista que o contratualismo moderno introduz no pensamento ético-político ao fundar a família, a sociedade e o poder político na vontade livre autônoma, ao mesmo tempo em que critica o caráter atomista e negativo da liberdade individual que o paradigma contratualista põe como sua base. Por fim, examina-se mais detidamente os dois pilares fundamentais que fundam a estrutura normativa de uma eticidade moderna e reflexiva : a pessoa como sujeito de direitos e a liberdade subjetiva da consciência moral moderna. Palavras-chave: Liberdade. Modernidade política. Diferença entre sociedade e Estado. Eticidade. Pessoa. Consciência moral. Freiheit und Sittlichkeit: die kritische Diagnose der politischen Modernität bei Hegel Zusammenfassung: Nach einer kurzen Darlegung des historisch-begrifflichen Differenzierungs- und Trennungsprozesses von burgerlicher Gesellschaft und Staat, beziehunsweise, zwischen dem „bourgeois“ und dem staatlichen Bürger, als den auszeichnenden Hauptzug der politischen Modernität, wird eine gedrängte Analyse der drei Ebenen der Darstellung des Freiheitsbegriffs, dessen Verwirklichung im Bereich des objektiven Geistes in der Entwicklung des Sittlichkeitbegriffs seinen Höhepunkt hat. Danach werden die drei logischen Momente, das heisst, die drei prozessualen Bestantandsteile des abstrakten Freiheitsbegriffs ausgelegt, die in ihrer Verwirklichung im subjektiven Geist die entresprechenden drei Gestalten des natürlichen Willens, des Willens als Willkür und desjenigen freien Willens, der die allgemeine Verwirklichung der Freiheit als „Inhalt, Gegenstand und Zweck“ hat. Hegel erweist sich als der profilierte und zugleich kritische Philosoph der politischen Modernität, insofern er den vom Kontraktualismus eingeführten Bruch mit der theologischen und naturrechtlichen Fundierung der Familie, der Gesellschat und der politischen Macht weiter vertieft und zugleich die negative und atomistische Dimension der individuellen Freiheit kritisiert, die der Kontraktualismus zu seiner Voraussetzung hat. Endlich, werden die zwei Grundpfeiler auseinandergelegt, welche die normative Struktur einer reflexiven und modernen Sittlichkeit begründen : die Person als Rechtssubjekt und die subjektive Freiheit als moralisches Gewissen. Schlüsselbegriffe: Freiheit. Politische Modernität. Differenz zwischen bürgerlicher Gesellschat und Staat. Sittlichkeit. Person. Gewissen. Freedom and ethical life: Hegel’s critical diagnosis of political modernity: Departing from a brief characterization of the historical-conceptual process by which civil society and the state, respectively, the bourgeois and the citizen, differed and separated from one another – a fundamental trait of political modernity –, I have undertaken a concise analysis of the three moments of the exposition of freedom’s concept, which, within the scope of objective spirit, culminates in the development of the concept of ethical life. Thereupon, I have elucidated the three logical moments, that is, the three constitutive and procedural elements of freedom’s concept, namely, universality, particularity and singularity, which, in their effectivation within the scope of subjective spirit, assume three figures: that of natural will, arbitrary will and the free will which wants the universal effectivation of freedom as its “content, object and aim”. Hegel is thus the philosopher of political modernity par excellence and, simultaneously, its severe critic, inasmuch as he, on the one hand, deepens the rift which modern contractualism introduced in ethical-political thought when it founded family, society and political power upon autonomous free will, and on the other, inasmuch as he, at the same time, tears down the atomist and negative character of individual freedom set forth by the contractualist paradigm as its basis. Finally, I examined in detail the two fundamental columns upon which a normative structure of a modern and reflexive ethical life are based: the person as subject of rights and the modern moral consciousness’ as subjective freedom. Keywords: Freedom. Political modernity. Difference between society and state. Ethical life. Person. Moral consciousness. Data de registro: 30/07/2020 Data de aceite: 21/10/2020. (shrink)

This issue of Journal of Medical Ethics includes a pair of papers debating the implications of moral bioenhancement for human freedom–and, especially, the question of whether moral enhancement should potentially be compulsory. In earlier writings Ingmar Persson and Julian Savulescu argue that compulsory moral bioenhancement may be necessary to prevent against catastrophic harms that might result from immoral behaviour.1 In “Voluntary moral enhancement and the survival-at-any-cost bias” Vojin Rakic agrees with P&S that moral bioenhancement is important, but he argues (...) that bioenhancement interventions should be voluntary rather than compulsory .Both Rakic and P&S disagree with Harris, who denies that moral enhancement could involve interventions beyond cognitive enhancement. Moral enhancement would essentially involve cognitive enhancement, according to Harris, because moral behaviour requires ability to distinguish right from wrong–ie, awareness and rational capacity.2 While Harris admits that those who know what is right might not always do what is right, he argues that we could not altogether prevent people from doing what is wrong without destroying freedom essential to their moral agency.According to Rakic, however, the fact that people who know what is right might not always do what is right reveals that mere cognitive enhancement would be inadequate to prevent immoral behavior–because much immoral behaviour results from weakness of will. Because people could freely chose to undergo moral enhancement, furthermore, according to Rakic, “our freedom will not be curtailed by it”. Presumably Rakic here supposes that if a person freely choses to be in State A then State A is necessarily compatible with–and a reflection of–her human freedom. Forcing a person to be in State A, on the other hand, …. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hegel’s Practical Philosophy: Rational Agency as Ethical LifeLiz DisleyRobert B. Pippin. Hegel’s Practical Philosophy: Rational Agency as Ethical Life. Cambridge-New York: Cambridge University Press, 2008. Pp. xi + 308. Paper, $29.99In this work, Pippin offers an interpretation of freedom, rationality, and agency in Hegel’s work and adds substantive content to the key concept of recognition. In doing so, he offers not only a compelling elucidation (...) of a particularly opaque part of Hegel’s analysis of human action and interaction, but also demonstrates the relevance of his practical philosophy to contemporary discussions about free will, intersubjectivity, autonomy, recognition, and liberalism. Pippin provides a substantial defense of Hegel’s position in the context of contemporary political philosophy, arguing against a commonly-held view that Hegelian political philosophy must be much closer to modern communitarian theories than those of classical or modern liberalism. Pippin’s work is central to the recent resurgence of interest in Hegel’s theoretical philosophy by analytical philosophers such as Robert Brandom and John McDowell, as well as the renewed study of recognition in a practical context.Controversially, Pippin claims that Hegel has only one theory of intersubjectivity and recognition from the time of the Jena writings to the Philosophy of Right. The theory develops from an initial stage, where “the desideratum of mutual recognition is posed and explored,” to a realization that ethical life as described in the Philosophy of Right provides the necessary conditions for rational, mutual recognition (184n4). Thus, he rejects the common view in recent Continental Hegel scholarship, asserted by critics including Jürgen Habermas, Michael Theunissen, and Axel Honneth, that Hegel fails to develop adequately the theory of intersubjectivity initially present in his earlier writings and subsumes intersubjectivity into a “grand metaphysical process” of the Absolute Subject’s self-manifestation (184).Pippin defends Hegel from this common charge on the basis of his “very unusual” concept of freedom (185). The key claim here is that Hegel does not set recognition or indeed other-relation as a precondition for any kind of self-relation, but rather, “A true individual [End Page 112] is a free subject and recognition relations function in a complex way as conditions for that possibility” (186). This seems like a promising method of demonstrating that Hegel’s intersubjectivity does not, after all, dissolve in the face of a monological divine conception of reality. The difficulty with the approach, as Pippin concedes, is that it involves making a series of radical, strange, and controversial claims. These claims, in general, focus on the temporal priority of freedom, recognition, and rationality: deeds can count as “mine” in Pippin’s special sense only if they are undertaken rationally, but this state of rationality depends on being in a social state of recognizing and being recognized (190). However, it is neither radical nor strange to make a clear distinction between human interdependence in terms of our particular social psychology and in terms of “an ideal of normative mutuality inherent in any attempt to act” (211).Pippin appreciates that defenders of Hegel’s concept of recognition do not want to say that I cannot be a free subject by myself, but at the same time want to leave the door open for there to be some kind of possibility of ascertaining moral harm in cases of failure to recognize. For Pippin, free actions, and actions committed out of free will, are those committed by agents in a particular social context, namely being situated within norm-governed relations of reciprocal recognition to others. Such an approach fulfills neither of these criteria, since it means I cannot be free by myself but also that, in the case of my being placed in a situation where I am not within these relations of reciprocal recognition to others, there is no obvious originator of moral harm caused by this recognition (218). Pippin accepts that there is no clear answer to this difficulty, but his account of the genesis of norms and social rationality does save Hegel’s account from the objection by Theunissen, Habermas, Honneth et al. mentioned above. Like Rolf-Peter Horstmann, Pippin sees the answer to charges of introducing a... (shrink)

continent. 1.1 (2011): 22-25. The Author gratefully acknowledges the financial support of CAPES (Coordenação de Aperfeiçoamento do Ensino Superior), Brazil. From the multifarious subdivisions of semiotics, be they naturalistic or culturalistic, the realm of semiotics of value is a ?eld that is getting more and more attention these days. Our entire political and economic systems are based upon structures of symbolic representation that many times seem not only to embody monetary value but also to determine it. The connection between monetary (...) and linguistic exchanges is self-evident: the former requires the latter and develops in direct relation to it. Creative experimentation and design of digital systems of value exchange are blossoming on the web. Dr. Gilson Schwartz, an economist turned media theorist and professor at the University of São Paulo, adopted the concept of Iconomics, originally created by Michael Kaplan, an author concerned with the linguistics of economic value. Empowering local communities and unlocking new levels of value creation and representation via digital technologies are the main goals of Dr. Schwartz’s projects, aiming at the re-designing of our relationship to the economic value of imagination and the social control of property. Schwartz is Assistant Professor at the School of Communication and Arts of the University of São Paulo, a former Chief Economist at BankBoston, Brazil and Advisor to the President of the National Social and Economic Development Bank (BNDES). FURTHER READING: Kaplan, Michael. “Iconomics: The Rhetoric of Speculation.” Public Culture . 15.3 (2003): 477-493. Renata Lemos-Morais: You have recently produced and directed a short documentary about Creative Currencies in Latin America. Could you tell us a bit about its process and its findings? Gilson Schwartz: The “Creative Currencies” project is a work-in-progress platform which unfolds as an action research agenda connected both to the production of audiovisual content and the development of social currency software. The initiative dates back to 2003 when I led an experimental project supported by the Presidency of Brazil. At that time, we issued paper currency in a small, touristic village in the Northeast Region which stimulated local cultural projects. But it was only in 2009 that the Central Bank of Brazil acknowledged “social currencies” as a legitimate economic agenda, calling for more debate at the I Financial Inclusion Forum. This year, the monetary authorities organized a second forum that also opened the room to discussions on mobile payment systems and new perspectives on poverty alleviation via State subsidies. The Ministry of Culture funded the “Creative Currencies” project in 2009-2010 and our next stage in this discovery process is to be supported by the National Social and Economic Development Bank (BNDES). In short, there is genuine interest among public officials in different areas and public funding for social currencies is on the rise in Brazil. However, after all these years we are still at a very early stage of research and practice. Some of the most successful initiatives (such as Banco Palmas) actually evolved out of local monetary creation to become correspondent banking operations for commercial banks and other financial groups. After eight years of price stability and social inclusion, Brazil stands out as a major opportunity for social experimentation, even the Grameen Bank is now entering the Brazilian market and many NGOs are geared towards different forms of entrepreneurialism in the base of the pyramid, riding solidarity economic models, microfinance and microcredit for local development. It is yet to be seen, however, whether these developments are just one more stage of “bankarization”, that is to say, an extension of regular banking services or actually a new form of social and symbolic self-determination at the local level. So far, the Central Bank of Brazil is open to new forms of credit and local finance as long as they are strictly territorial and very close to barter among the poor. In other words, whether the process of monetary creation could be made to fit an open source paradigm is yet to be seen. Community banking and social currencies might as well end up as just another channel for access to and use of banking services. The “Creative Currencies” project aims at promoting the discussion of more fundamental issues, such as the limits of central banking, the prospects for local financial development and the possibility of creating and managing financial icons as cultural assets. The purpose of this project is to produce short documentaries that will bear testimony to this evolving regulatory framework while inducing more discussion about the fundamental iconomic issues concealed in the process of money and wealth creation. RLM: What new potential is there in applying digital technologies to currency creation? GS: Globalization is a result of the virtualization of money, that is, the overcoming of illusions such as the “gold standard”. Money is an icon created by institutions, not on supposedly natural or material foundations but out of political and financial interests. The “dollar standard” is an outstanding evidence of this phenomenon and Kaplan´s paper, the first to use the expression “iconomics”, insists on the rhetoric and semiotic effects associated to a supposedly scientific model of money creation and management. This is a fundamental change that was perceived and discussed much before the digitalization of the world by unorthodox economists such as John Maynard Keynes since the early 20th century. The digitalization of global financial flows accelerated this immateriality and the creation of the Euro was yet another evidence of the political foundations of currencies. The banking establishment, however, is keen on the idea that scientific formulae hold the key to sound money creation. Keynesianism has been repeatedly associated to “inflationism” while the supposedly sound monetary policies of the Orthodoxy serve well the political and financial interests of a technocratic elite. Corporate media also serve this fictitious depiction of the monetary process despite the cyclical bust of monetary rules and financial regulations. The internet, however, has created numerous opportunities for the disintermediation in industries such as film, music and commodities. There is no reason to doubt that the financial industry can also be transformed by Peer-to-Peer (P2P) infrastructures. Money is media as well. Credit is but confidence. Once people realize that the distributed computing power of networks can also be the platform to weave new monetary and credit operations, there is room for grassroots emancipation out of the established owners of monetary institutions. So far, however, there has been a privatization of monetary management and there is not a clear path or model for the emergent (P2P) property democratization that is inherent to the internet. Digital assets, however, clearly have an inherent potential to escape central control and proprietary regulatory frameworks. RLM: How are social networks transforming the ways in which we exchange value? Do you believe that online influence and reputation might be translated into a new kind of currency? GS: The foundation for social currencies as envisaged by solidarity economics is the territory. Authorities are willing to concede local monetary creation as long as it is restricted to poor neighborhoods, as a proxy to barter. In this relevant but limited context, reputation, personal knowledge and informal ties form the matrix of local or “proximity” finance which are expected to keep credit and leverage to a sustainable level. Anything beyond that should and would lead to an integration of local finance into the established banking system. However, inasmuch as the internet promotes virtual territories and reputation is now subject to all sorts of digital manipulation and stardom becomes an everyday cultural process among teenagers and elders alike, the territorial “foundation” is substituted for more complex patterns of solidarity, cooperation and exchange that reach beyond the physical territory and even the “human.” Digital assets embody knowledge, technology, cultural and educational values that are exchanged at a global scale beyond the control of democratic States (Chinese-like intervention is the exception, not the rule). Hacktivism is unstoppable and so is monetary hacktivism. Especially in the Third World, mobile communications fast became conveyors of money transfers and other appropriation strategies. Banking and telecom sectors already battle for the control of these emerging markets and, as a matter of fact, have so far contributed to the containment of these processes. Governments serve these moguls and have usually adopted a wait-and-see attitude. If open source hardware and grassroots social movements combine to challenge these proprietary battles, then social networks may evolve into new forms of social capital and thus form the ground on which to design and implement social currencies. The global financial crisis, as well as the dollar demise, are an event of such a proportion that social networks may open the path for emancipator subjects to seize the opportunity. RLM: What are some of the social experiments that you think are revolutionizing the way in which value is exchanged? GS: There is a broad evolution of economic systems towards the valuation of intangible assets such as knowledge, reputation and sustainability. There are many examples of local as well as global events that call the traditional systems of exchange into question, from carbon credits to educational bonuses, digital barter frameworks and locally based solidarity and fair trade networks. These emerging examples, no matter how different in nature or scale, represent a challenge to the traditional value creation schemes and theories which are based on use and exchange value, supply and demand. This is not to say that utility and labour or scarcity are to be totally dismissed, but there is now an emerging perception that value is also a function of behavioral codes, symbolic patterns and the energy of institutional frameworks. The plasticity of digital platforms is relevant insofar as intellectual property becomes the central source of value creation. But when you discuss the property rights of public goods such as the environment or basic social rights (of minorities or localities), then a new paradigm seems to emerge. RLM: Are gaming and online storytelling digital practices that might have an impact on the way new currencies are created and developed? GS: “Play money” has been one of the early and most intriguing phenomena associated to the diffusion of virtual worlds. These virtual currencies have also been prone to “boom and bust” dynamics, speculation and pure theft (Second Life scams were common and led to “intervention” by the owners of the game). Storytelling is a major source of value, that is, the value of attention and the markets for audience. There are plenty of private monies created and managed by corporate entertainment groups, telecom operators (via mobile virtual network operators) and marketing frameworks. The casino economy, as already depicted by Keynes and other unorthodox economists, is always storytelling about future states of the world, confidence building and leverage of animal spirits. The novelty of current events is not the fictitious nature of any form of capital, but the potential for digital democratization of controls over the imaginary nature of value creation. But this is just a potential, a possibility, a figment that more often than not is appropriated by centralized and opaque private powers. The game industry is a testbed for new connections between storytelling and money creation. RLM: Monetary value was originally connected to the scarcity of precious metals, such as gold. Our entire monetary system seems therefore to function according to a logic of scarcity. Do you believe it is possible to reverse this logic into a logic of abundance? GS: The gold standard was a fiction itself, the “scarcity” is always produced by institutions that regulate confidence and access to credit. The key issue is not to fabricate abundance, but to question the institutions which produce scarcity out of any standard, gold or whatever. Central banks are at the service of private banks in the creation and management of scarcity. RLM: The promise that nanotechnology holds for our future is one of radical abundance (or so say transhumanists). The possibility of creating any kind of material substance through nanoengineering seems each day more feasible. What would this possibility entail in terms of systems of value exchange? GS: Nanotechnology, environmental concerns and grassroots appropriation of distributed knowledge are the frontiers of a new horizon of energy creation and management. Social groups in charge of managing scarcity for the sake of wealth and power concentration must be held accountable for the destruction of our future. Once this key political conundrum is accounted for, new systems of value exchange and even a non-mercantile society will come into existence. Revolutionary theorists such as Marx envisaged transformation via the extreme clash of contradictions between capital and labour. This approach has never led to a change in the systemic logic of scarcity for the sake of social control. We are once again facing the threshold of large scale societal change, but the outcome of the current crisis should come from our imagination, not from yet another paradox of abundance and scarcity. As long as we remain attached to the materiality of value, the illusion of freedom will but reinforce the massive manipulation of necessity. RLM: What do you think is the role of crowdfunding in this context? GS: Crowdsourcing as well as crowdfunding are examples of the peer to peer opportunities that come along with distributed computer power. However, the power structure behind wealth and scarcity creation may or may not be changed by crowd management. But it should not be taken at face value, so to speak. The stock market of course is an early form of crowdfunding without calling into question the proprietary framework of the companies offering their investment projects to the market. Any market is a form of crowdsourcing, that is to say, of distributed forms of supply and demand matchmaking. The wealth of networks, however, depends on the contractual ecosystem, the institutional framework, the channeling of social imagination, not on the purely quantitative distribution of bids and offers. I see economics as supply, demand and code. Once you have access to the code, once openness becomes part of the game, then there is a chance of crowd behavior becoming collective intelligence and sustainable imagination. RLM: Is the development of digital currencies headed towards a pluralistic ecology in which many micro currency systems co-exist, or is it penetrating the mainstream monetary system? If it is affecting the mainstream financial system, what would be its effect in the long-term? GS: The same issue is at stake both at local and global levels. The global system is, as a matter of fact, an unstable ecosystem of “micro currencies” whereas the dollar has so far exerted an overwhelming influence. Local currencies and private monies coexist with national currencies only to the extent that the Central Bank admits, for instance, that grassroots monetary emissions remain territorial and strictly connected to poverty. However, the question of how new developments in digital technologies and nanotechnologies might alter not only our current monetary systems but also our understanding of value in itself, is still an open question. (shrink)

Scholarship on Kant's practical philosophy has often overlooked its reception in the early days of post-Kantian philosophy and German Idealism. This volume of new essays illuminates that reception and how it informed the development of practical philosophy between Kant and Hegel. The essays discuss, in addition to Kant, Hegel and Fichte, relatively little-known thinkers such as Pistorius, Ulrich, Maimon, Erhard, E. Reimarus, Reinhold, Jacobi, F. Schlegel, Humboldt, Dalberg, Gentz, Rehberg, and Möser. Issues discussed include the empty formalism objection, (...) the separation between right and morality, freedom and determinism, nihilism, the right to revolution, ideology, and the limits of the liberal state. Taken together, the essays provide an historically informed and philosophically nuanced picture of the development of post-Kantian practical philosophy. (shrink)

Regardless of unpredictable and contingent geopolitical events such as last year’s surprising rejection of the European Constitution in France and the Netherlands, this coming year will certainly witness a large surge in patriotism. The Winter Olympics in February, and the World Cup in the summer, both promise to whip national sentiments into a fever pitch. One other thing is certain, though: journals of philosophy and ethics will continue to debate the virtues of cosmopolitanism, as this number of Ethical Perspectives does (...) through its contributions below.Why is this? Why do philosophers and academics hold on to this idea of cosmopolitanism, an idea utterly lacking in the convictions of the general public? Is it perhaps because the first cosmopolitans were in fact philosophers? The first to identify himself as a cosmopolitan was Diogenes the Cynic, and Plato’s dialogues paint many of the Sophists in cosmopolitan hues. Although people generally support the idea of internationalism as far as it promotes trade, travel, and football tournaments, once it begins to meddle in internal affairs, as it does with outsourcing and transnational constitutions, they tend to fall back upon the patria. They killed Socrates for corrupting the youth of Athens, not the youth of the world.Whether it is the service and manufacturing industries of Asia and India ‘stealing’ American jobs, or widespread fears of Brussels’ legendary bureaucrats, the non-academic public consistently turns from its tepid embrace of cosmopolitanism to patriotism whenever threatened. Are we too quick to label this as self-interest or even selfishness? Or is there something else at work in the debate between cosmopolitanism and patriotism? Some approaches to cosmopolitanism are certainly guilty of an absolute removal of difference, of wishing away the nation state, of replacing it with an international body based on purely universal principles, and of wiping away the competencies of nations on many levels. The call for the world state can come across as an appeal for an anodyne and internationalist homogeneity based on a clinical morality that, for all its sensitivity, runs roughshod over the well-engrained cultural, legal, and social beliefs of many peoples.Clearly, this is what many Europeans fear, and to a large degree, Americans as well in their dislike for the International Court of Justice. Even the economic hegemony of outsourcing removes national power, and replaces it with pure economic rationality.Our contributors below do not advocate these reductions, although some may point to them. Key to each contribution below is sensitivity to the world as it is, to its need for difference even in the face of an ever-increasing globalisation that sometimes is connected with cosmopolitanism. Yet, every proponent of cosmopolitanism must sketch how it is possible in practice. Of course, an obvious problem is how to dwell consequently as a cosmopolitan. Not many contemporary cosmopolitans would be prepared to follow Diogenes’ commitment to rootlessness: living in exile after having been included in a forgery conviction aimed at his father, the ascetic Diogenes called a barrel his home. Such was his drive to live a levelled life that he cast away his only bowl upon seeing a poor peasant boy drinking from cupped hands. Today’s cosmopolitan leads a much more prosaic life, and hence the problem with cosmopolitanism begins as something mundane. Does not a cosmopolitan still pay national taxes? Does not a cosmopolitan still need a national passport and second country visas? But, the questions quickly turn ontological: how can one shed oneself of one’s nationality, of one’s belonging, as if it is just an accident of one’s own constitution, instead of as an important property of one’s own constitution? In other words, belonging is important: a citizen of the world still values citizenship. Clearly, the absolute cosmopolitan reduction is an absurdity: one is always rooted, in some sense. Even cosmopolitanism is rooted in a specific Western mindset, and is no self-evident preference of human existence.As Rudi Visker’s contribution so clearly shows through an investigation of the narcissism of minor differences, these questions revolve around the question of confrontation with alterity. What I am, in no small way plays off what I am not. I cannot be everything, if I am something. Freud’s analysis of minor differences reveals that members of a group identify with that group on the basis these minor differences. What is self-evident to a particular culture marks that culture off from another culture, a culture that by definition does not share the same set of the self-evident. To be a foreigner, as any ex-patriot can attest, is to stand outside of the self-evident, whether this means interpreting gestures, understanding commercial practices, or, as Freud would have it, staying on the correct side of national taboos. There is thus a dialectic of inner and outer, a dialectic which refuses a reduction of one to the other. As Visker puts it, recognising the stranger within oneself is quite different than recognising the stranger outside of oneself, and to confuse these as being the same is not only to misunderstand the very issue at stake, it is also a dangerous trivialisation of difference.But clearly, there is something viable and laudable in the idea of cosmopolitanism, since it stresses the universal moral community of humanity. Cosmopolitanism is an attempt to see all human subjects as subject to the same moral law. Indeed, the sort of federation to which cosmopolitanism leads, at least in a modified Kantian expression as Bert van Roermund tells us, even gives us good grounds to recognise the legitimacy and moral equivalence of states. Importantly, the international legal order does not draw its power from any supranational force, but from the choice of independent national actors to recognise it. Hence, this cosmopolitan order depends on nationhood, and good standing within this order depends on the degree to which a country decides to participate. Again, the universal here depends on well-rooted particularity, a particularity able to choose for the universal.What do we do, then, with outlaw nations, those nations that are hostile to the choice for the universal? Through a clear reading of Hegel, Paul Cobben proposes that the metric for a state’s legality is the measure to which it permits the moral freedom of its citizens to bloom. A free person requires a free legal order; only in such can a person obtain the full measure of human rights due. States that do not permit this blooming are illegitimate; they contradict the nature of the human person, and citizens dwelling under the yoke of these have the right to ask for outside assistance in removing this illegitimate power above them. However, for this plea to be met, two conditions must obtain: the oppressed people must have the wherewithal to form a political order after the removal of the illegitimate state, and the action must be grounded in the principles and support of a legal community, which in essence would be a world federation of states. In fact, it is morally incumbent upon all legal states to aim at such a world federation, upon pain of contradiction.Our duty to others does not end with the politically oppressed; the economically oppressed also lay a moral claim upon us. So, as Toon Vandevelde asks in his contribution, what about the global poor? The poor are hungry and in need of shelter and a future, but to address these issues at the level of rights is in a way heartless: what good does it do to legislate that everyone has the right to food, when this right can never be called upon, or enforced, in any meaningful sense? Moreover, approaches that demand non-prioritised generosity not only ignore the fundamental economic fact of scarcity, they also run the risk of creating the moral hazard of dependence on charity. The true cosmopolitan approach is the recognition of our common humanity and of our concomitant duty to help others as far as this help does not endanger us. This duty is compounded by the marginalisation of the poor through globalisation, a globalisation that they did not ask for. The extent of our help is indeterminate, but its direction is clear: it must aim to integrate those poor who wish it within our international systems, and so to ease their own transitions from poverty.Both Gil Anidjar and Maria Bonnafous-Boucher continue this theme of economy, but each from a highly specific viewpoint. Indeed, their contributions are perhaps somewhat darker, delving into an aspect of the unspoken underneath the choice for the universal. Anidjar begins with the relation between religion and economy within the interplay of Judaism and Christianity, whereas Bonnafous-Boucher focuses on the development of political economy through a Foucaultian lens. Although highly distinct contributions, both share the insight that the economy is now the central theme of our power structures, and that economy, isolated from questions of morality or justice, must likewise play a decisive role within the structure of cosmopolitanism, or, at minimum, the political unity of peoples. For, national government long ago ceded to a promiscuous mix of governance, and religion to economy. This nexus enthrones governance as an economic rationale stripped of all other trappings, and inscribes any possible cosmopolitanism within a framework of an aggressive capitalism, a kind of economic theology, a kind of hegemony in which state boundaries are essentially liquefied. Capital, after all, knows no boundaries. (shrink)

In his 1993 health-care reform proposal, Bill Clinton offered health care as a civil right. If his proposal had been accepted, all Americans would have been guaranteed a basic package of health care. At the same time, they would have been forbidden to provide or purchase better basic health care, as a cost of participating in a national system to which they were compelled to contribute. A welfare entitlement would have been created and an egalitarian ethos enforced. This essay will (...) address why such egalitarian proposals are morally unjustifiable, both in terms of the establishment of a uniform health-care welfare right, and in terms of the egalitarian constraints these proposals impose against the use of private resources in the purchase of better-quality basic health care, not to mention luxury care. (shrink)

Incentives and reasons -- Values and human nature -- Right and wrong -- Questions of trust -- Autonomy and freedom -- Obedience, freedom, and engagement : or utility? -- Society, property, and commerce -- On justice -- Using freedom well -- Judging : legal cases and moral questions -- Practical reason, law, and state.

In lieu of an abstract, here is a brief excerpt of the content:Human Rights, China, and Cross-Cultural Inquiry:Philosophy, History, and Power PoliticsRandall PeerenboomStephen Angle's Human Rights and Chinese Thought: A Cross-Cultural Inquiry (Cambridge: Cambridge University Press, 2002) is a wonderful book that combines philosophically sophisticated discussions of controversial human-rights issues with a detailed intellectual history of the evolution of human-rights discourse in China over the last several hundred years. I will use Angle's book as a platform for consideration of a (...) number of issues regarding the role of philosophy, history, and power politics in relation to human rights in China and elsewhere.Angle focuses his discussion on two claims: first, that countries have different concepts of human rights, and second, that we ought not demand that countries comply with human-rights concepts different from their own.1 These two claims (or something similar) are central to China's official position on rights and to humanrights debates more generally, including the debate about values in Asia.2Angle's response, in short, is that there are distinctive concepts of human rights in China, and that "there have been both continuities and changes in the ways that rights have been conceptualized over the course of China's rich and distinctive rights discourse" (p. 250). However, the only way a community can unilaterally declare its values and practices immune from the scrutiny of others is through "parochialism," which, according to Angle, cuts off that community from making legitimate demands on others. Rather, he suggests, we "should seek an accommodation of differences with one another in the spirit of toleration, and on that basis engage one another on as many levels as possible" (pp. 250-251).One of the many great strengths of this book is that Angle grounds his responses in an interesting and insightful discussion of contemporary philosophers, assessing along the way the contributions and limits of MacIntrye, Rawls, Dworkin, Raz, Walzer, and especially Brandom, among others, to this cross-cultural inquiry of human rights. It might seem, given this list of luminaries, Angle's own training in Western analytic philosophy, and his position in the philosophy department of an American university, that Western philosophy is driving the debate and dictating the fundamental terms and parameters of the inquiry.3 This, of course, is precisely one of the complaints of non-Westerners such as Liu Huaqiu, who argue that they are being measured by Western standards, that rights are concepts grounded in historically contingent modern Western philosophical traditions, and that the rights movement is biased in favor of secular liberalism, which is at odds with and may preclude states based on religious worldviews and communitarian or collectivist [End Page 283] points of view that do not privilege autonomy, choice, and individual interests to the extent that liberals do.Angle's response is twofold. First, he argues, sensibly enough, that we cannot and need not set aside or escape our traditions and value systems. Cross-cultural inquiry must begin from somewhere. But we must remain open-minded and willing to continue the conversation, at least for a considerable while and in most cases indefinitely, even if in some cases we simultaneously must rely on coercion and repression.4 As discussed below, Angle endorses a limited moral pluralism that tolerates some differences while not providing an excuse for appeasing dictators or turning a blind eye to genocide and other atrocities.Second, Angle is not out simply to measure China by the standards of contemporary Western philosophers. Rather, he wants to show that China has its own distinctive discourse on rights, and that this discourse is multifaceted and constantly evolving. According to Angle, "Chinese rights discourse should be seen as an ongoing creative achievement, rather than a reaction to or misunderstanding of Western ideas and institutions" (p. 2).5 He shows this by providing a detailed intellectual history of Chinese rights discourse, another great strength of the book. His primary focus is on several prominent Neo-Confucians and pre-1949 debates, although he also considers some contemporary debates.6 Angle is clearly successful at demonstrating that Chinese thinkers have advanced a number of different views and that rights discourse over the last century and a half has been... (shrink)

continent. 1.3 (2011): 149-155. The world is teeming. Anything can happen. John Cage, “Silence” 1 Autonomy means that although something is part of something else, or related to it in some way, it has its own “law” or “tendency” (Greek, nomos ). In their book on life sciences, Medawar and Medawar state, “Organs and tissues…are composed of cells which…have a high measure of autonomy.”2 Autonomy also has ethical and political valences. De Grazia writes, “In Kant's enormously influential moral philosophy, autonomy (...) , or freedom from the causal determinism of nature, became prominent in justifying the human use of animals.”3 One of the oldest uses of autonomy in English is a description of the French civil war from the late sixteenth century: “Others of the…rebellion entred in counsell, whether they ought to admit the King vpon reasonable conditions, specially hauing their autonomy.”4 Life, and in particular human life, and in particular human politics, is well served by the usages of autonomy . What about the rest of reality, however? Should it be thought of, if it's even considered real and mind-independent, as pure stuff for the manipulation or decorative tastes of truly autonomous beings? We tend to think of things such as paperweights and iPhones as mere tools of human design and human use. To use them is to cause them to exist as fully and properly as they can. But according to Martin Heidegger, when a tool such as a paperweight is used, it disappears, or withdraws ( Entzug ). We are preoccupied with copying the page that the paperweight is holding down. We are concerned with an essay deadline, and the paperweight simply disappears into this general project. If the paperweight slips, or if the iPhone freezes, we might notice it. All of a sudden it becomes vorhanden (present-at-hand) rather than zuhanden (ready-to-hand).5 Yet Heidegger is unable to draw a meaningful distinction between what happens to a paperweight when it slips from the book I'm copying from and what happens to the paperweight when it presses on the still resilient pages of the thick paperback itself. Further still and related to this point, even when I am using the paperweight as part of some general task, I am not using the entirety of the paperweight as such. My project itself selects a thin slice of paperweight-being for the purposes of holding down a book. Even when it is zuhanden the paperweight is withdrawn. Graham Harman is the architect of this way of thinking.6 Harman discovered a gigantic coral reef of withdrawn entities beneath the Heideggerian submarine of Da-sein, which itself is operating at an ontological depth way below the choppy surface of philosophy, beset by the winds of epistemology, and infested with the sharks of materialism, idealism, empiricism and most of the other isms that have defined what is and what isn't for the last several hundred years. At a moment when the term ontology was left alone like a piece of well chewed old chewing gum that no one wants to have anything to do with, object-oriented ontology (OOO) has put it back on the table. The coral reef isn't going anywhere and once you have discovered it, you can't un-discover it. And it seems to be teeming with strange facts. The first fact is that the entities in the reef—we call them “objects” somewhat provocatively—constitute all there is: from doughnuts to dogfish to the Dog Star to Dobermans to Snoop Dogg. People, plastic clothes pegs, piranhas and particles are all objects. And they are all pretty much the same, at this depth. There is not much of a distinction between life and non-life (as there isn't in contemporary life science). And there is not much of a distinction between intelligence and non-intelligence (as there is in contemporary artificial intelligence theory). A lot of these distinctions are made by humans, for humans (anthropocentrism). And the concept autonomy has come into play in policing such distinctions. In this essay I shall to try to liberate autonomy for the sake of nonhumans. I shall do so by parsing carefully the title, which is taken from Hakim Bey's work The Temporary Autonomous Zone .8 First we shall explore the term autonomous . Then we shall explore what the full meaning of zone is. Finally, we shall investigate what temporary means. Each of these terms is of great value. An object withdraws from access. This means that its very own parts can't access it. Since an object's parts can't fully express the object, the object is not reducible to its parts. OOO is anti-reductionist. But OOO is also anti-holist. An object can't be reduced to its “whole” either, “reduced upwards” as it were. The whole is not greater than the sum of its parts. So we have a strange irreductionist situation in which an object is reducible neither to its parts nor to its whole. A coral reef is made of coral, fish, seaweed, plankton and so on. But one of these things on its own doesn't embody part of a reef. Yet the reef just is an assemblage of these particular parts. You can't find a coral reef in a parking lot. In this way, the vibrant realness of a reef is kept safe both from its parts and from its whole. Moreover, the reef is safe from being mistaken for a parking lot. Objects can't be reduced to tiny Lego bricks such as atoms that can be reused in other things. Nor can be reduced upwards into instantiations of a global process. A coral reef is an expression of the biosphere or of evolution, yes; but so is this sentence, and we ought to be able to distinguish between coral reefs and sentences in English. The preceding facts go under the heading of undermining . Any attempt to undermine an object—in thought, or with a gun, or with heat, or with the ravages of time or global warming—will not get at the withdrawn essence of the object. By essence is meant something very different from essentialism . This is because essentialism depends upon some aspect of an object that OOO holds to be a mere appearance of that object, an appearance-for some object. This reduction to appearance holds even if that object for which the appearance occurs is the object itself! Even a coral reef can't grasp its essential coral reefness. In essentialism, a superficial appearance is taken for the essence of a thing, or of things in general. In thinking essentialism we may be able to discern another way of avoiding OOO. This is what Harman has christened overmining .? The overminer decides that some things are more real than others: say for example human perception. Then the overminer decides that other things are only granted realness status by somehow coming into the purview of the more real entity. When I measure a photon, when I see a coral reef, it becomes what it is. But when I measure a photon, I never measure the actual photon. Indeed, since at the quantum scale to measure means “to hit with a photon or an electron beam” (or whatever), measurement, perception ( aisthesis ), and doing become the same. What I “see” are deflections, tracks in a diffusion cloud chamber or interference patterns. Far from underwriting a world of pure illusion where the mind is king, quantum theory is one of the very first truly rigorous realisms, thinking its objects as irreducibly resistant to full comprehension, by anything.9 So far we have made objects safe from being swallowed up by larger objects and broken down into smaller objects—undermining. And so far we have made objects safe from being mere projections or reflections of some supervenient entity—overmining. That's quite a degree of autonomy. Everything in the coral reef, from the fish to a single coral lifeform to a tiny plankton, is autonomous. But so is the coral reef itself. So are the heads of the coral, a community of tiny polyps. So is each individual head. Each object is like one of Leibniz's monads, in that each one contains a potentially infinite regress of other objects; and around each object, there is a potentially infinite progress of objects, as numerous multiverse theories are now also arguing. But the infinity, the uncountability, is more radical than Leibniz, since there is nothing stopping a group of objects from being an object, just as a coral reef is something like a society of corals. Each object is “a little world made cunningly” (John Donne).10 We are indeed approaching something like the political valance of autonomy . The existence of an object is irreducibly a matter of coexistence. Objects contain other objects, and are contained “in” other objects. Let us, however, explore further the ramifications of the autonomy of objects. We will see that this mereological approach (based on the study of parts) only gets at part of the astonishing autonomy of things. Yet there are some more things to be said about mereology before we move on. Consider the fact that since objects can't be undermined or overmined, it means that there is strictly no bottom object . There is no object to which all other objects can be reduced, so that we can say everything we want to say about them, hypothetically at least, based on the behavior of the bottom object. The idea that we could is roughly E.O Wilson's theory of consilience .11 Likewise, there is no object from which all things can be produced, no top object . Objects are not emanations from some primordial One or from a prime mover. There might be a god, or gods. Suppose there were. In an OOO universe even a god would not know the essential ins and outs of a piece of coral. Unlike even some forms of atheism, the existence of god (or nonexistence) doesn't matter very much for OOO. If you really want to be an atheist, you might consider giving OOO a spin. If there is no top object and no bottom object, neither is there a middle object . That is, there is no such thing as a space, or time, “in” which objects float. There is no environment distinct from objects. There is no Nature (I capitalize the word to reinforce a sense of its deceptive artificiality). There is no world, if by world we mean a kind of “rope” that connects things together.12 All such connections must be emergent properties of objects themselves. And this of course is well in line with post-Einsteinian physics, in which spacetime just is the product of objects, and which may even be an emergent property of a certain scale of object larger than 10?¹?cm).13 Objects don't sit in a box of space or time. It's the other way around: space and time emanate from objects. How does this happen? OOO tries to produce an explanation from objects themselves. Indeed, the ideal situation would be to rely on just one single object. Otherwise we are stuck with a reality in which objects require other entities to function, which would result in some kind of undermining or overmining. We shall see that we have all the fuel we need “inside” one object to have time and space, and even causality. We shall discover that rather than being some kind of machinery or operating system that underlies objects, causality itself is a phenomenon that floats ontologically “in front of” them. In so doing, we will move from the notion of autonomy and begin approaching a full exploration of the notion of zone , which was promised at the outset of this essay. Since an object is withdrawn, even “from itself,” it is a self-contradictory being. It is itself and not-itself, or in a slightly more expanded version, there is a rift between essence and appearance within an object (as well as “between” them). This rift can't be the same as the clichéd split between substance and accidents , which is the default ontology. On this view, things are like somewhat boring cupcakes with somewhat less boring sugar sprinkles on them of different colors and shapes. But on the OOO view, what is called substance is just another limited slice of an object, a way of apprehending something that is ontologically fathoms deeper. What is called substance and what is called accidence are just on the side of what this essay calls appearance. The rift (Greek, chorismos ) between essence and appearance means that an object presents us with something like what in logic is known as the Liar: some version of the sentence “This sentence is false.” The sentence is true, which means that it is a lie, which means that it is false. Or the sentence is false, which means that it is telling the truth, which means that it is true. Now logic since Aristotle has tried desperately to quarantine such beasts in small backwaters and side streets so that they don't act too provocatively.14 But if OOO holds, then at least one very significant thing in the universe is both itself and not-itself: the object. An object is p ? ¬p. To cope with this fact, we shall need some kind of paraconsistent or even fully dialetheic logic, one that is not allergic to dialetheias (double-truthed things). Yet if we accept that objects are dialetheic, p ? ¬p, we can derive all kinds of things easily from objects. Consider the fact of motion. If objects only occupy one location “in” space at any “one” time, then Zeno's paradoxes will apply to trying to think how an object moves. Yet motion seems like a basic, simple fact of our world. Either everything is just an illusion and nothing really moves at all (Parmenides). Or objects are here and not-here “at the same time.”15 This latter possibility provides the basic setup for all the motion we could wish for. Objects are not “in” time and space. Rather, they “time” (a verb) and “space.” They produce time and space. It would be better to think these verbs as intransitive rather than transitive, in the manner of dance or revolt . They emanate from objects, yet they are not the object. “How can we know the dancer from the dance?” (Yeats).16 The point being, that for there to be a question, there must be a distinction—or there must not be (p ? ¬p).17 It becomes impossible to tell: “What constitutes pretense is that, in the end, you don't know whether it's pretense or not.”18 In this notion of the emergence of time and space from an object we can begin to understand the term zone . Zone can mean belt , something that winds around something else. We talk of temperate zones and war zones. A zone is a place where a certain action is taking place: the zone winds around, it radiates heat, bullets fly, armies are defeated. To speak of an autonomous zone is to speak of a place that a certain political act has carved out of some other entity. Cynically, Tibet is called TAR, the Tibetan Autonomous Region, for this very reason. In this phrase, Region tries to emulate zone : it sounds as if the place has its own rules, but of course, it is very much under the control of China. What action is taking place? “[N]ot something that just is what it is, here and now, without mystery, but something like a quest…a tone on its way calling forth echoes and responses…water seeking its liquidity in the sunlight rippling across the cypresses in the back of the garden.”19 If as suggested earlier there is no functional difference between substance and accidence; if there is no difference between perceiving and doing; if there is no real difference between sentience and non-sentience—then causality itself is a strange, ultimately nonlocal aesthetic phenomenon. A phenomenon, moreover, that emanates from objects themselves, wavering in front of them like the astonishingly beautiful real illusion conjured in this quotation of Alphonso Lingis. Lingis's sentence does what it says, casting a compelling, mysterious spell, the spell of causality, like a demonic force field. A real illusion: if we knew it was an illusion, if it were just an illusion, it would cease to waver. It would not be an illusion at all. We would be in the real of noncontradiction. Since it is like an illusion, we can never be sure: “What constitutes pretense…” A zone is what Lingis calls a level . A zone is not entirely a matter of “free will”: this concept has already beaten down most objects into abject submission. Objects are far more threateningly autonomous, and sensually autonomous, than the Kantian version of autonomy cited in the first paragraph of this essay. A zone is not studiously decided upon by an earnest committee before it goes into action. One of its predominant features is that it is already happening . We find ourselves in it, all of a sudden, in the late afternoon as the shadows lengthen around a city square, giving rise to an uncanny sensation of having been here before. Objects emit zones. Wherever I find myself a zone is already happening, an autonomous zone. It is the nonautonomous zones that are impositions on what is already the case. Or rather, these zones are autonomous zones that exclude and police. They are brittle. Every object is autonomous, but some objects try to maintain themselves through rigidity and brittleness, like (and such as) a police state. Paradoxically, the more rigidly one tries to exclude contradiction, the more virulent become the dialetheias that are possible. I can get around “This sentence is false” by imagining that there are metalanguages that explain what counts as a sentence. Then I can decide that this isn't a real sentence. This is basically Alfred Tarski's strategy, since he invented the notion of metalanguage specifically to cope with dialetheias.20 For example we might claim that sentences such as “This sentence is false” are neither true nor false. But then you can imagine a strengthened version of the Liar such as: “This sentence is not true”; or “This sentence is neither true nor false.” And we can go on adding to the strengthened Liar if the counter-attack tries to build immunity by specifying some fourth thing that a sentence can be besides true, false, and neither true nor false: “This sentence is false, or neither true nor false, or the fourth thing.” And so on.21 It seems as if language becomes more brittle the more it tries to police the Liars of this world. Why? I believe that this increasing brittleness is a symptom of a deep fact about reality. What is this deep fact? Simply that there are objects, that these objects are withdrawn, and that they are walking contradictions. This means indeed that (as Lacan put it) “there is no metalanguage,” since a metalanguage would function as a “middle object” that gave coherency and evenness to the others.22 Since there is no metalanguage, there is no rising above the disturbing illusory play of causality. This may even have political implications: no global critique is therefore possible, and attempts to smooth out or totalize are doomed to fail. To think the zone is to think the notion of temporary , which we shall now begin to discuss in greater detail. The zone is not in time: rather it “times.” But because a zone is an emanation of an object, it is based on a wavering fragility, since objects are p ? ¬p. When an object is born, that means that it has broken free of some other object. An object can be born because it and other objects are fragile. If not, no movement would be possible. Objects contain the seeds of their own destruction, a dialetheic sentence that says something like “This sentence cannot be proved.” Kurt Gödel argues that every true system of propositions contains at least one sentence that the system cannot prove. In order to be true, the system must have a minimum incoherence. To be real, it has to be fragile. Imagine a record player. Now imagine a record called I Cannot Be Played on This Record Player . When you play it on this record player, it produces sympathetic vibrations that cause the record player to shudder apart. No matter how many defense mechanisms you build in, there will always be the possibility of at least one record that destroys the record player.23 That is what being physical is. An object is inherently fragile because it is both itself and not-itself. When the rift between appearance and essence collapses, that is called destruction, ending, death. When an object breaks, several new objects are born. An opera singer sings a loud note in tune with the resonant frequency of a wine glass. (See the movie included below.) The singing is a zone, an autonomous level of intensity, opening a rift between appearance and essence. The glass ripples—for a moment it is nakedly a glass and a not-glass—almost as if it were having an orgasm, a little death. It is caught in the rift of the singing. Then its structure can't handle the coherence of the sound waves, and it breaks. It is incoherence and inconsistency that is the mark of existence, not consistency and noncontradiction. When things break or die, they become coherent. Essence disappears into appearance. I become the memories of friends. A glass becomes a dancing wave. Instantly, there are glass fragments, new temporary autonomous zones. The fragments have broken free from the glass. They are no longer its parts, but emanate their own time and space, becoming perhaps accidental weapons as they bury themselves in my flesh. Thus Hakim Bey's instructions on creating temporary autonomous zones oscillate disturbingly between performance art and politics, circus clowning and revolution. To play with the aesthetic is to play with causality, to rip from the sensual ether emanating from things new regions, new zones. Anarchist politics is the creation of fresh objects in a reality without a top or a bottom object, or for that matter a middle object: Everything in nature is perfectly real including consciousness, there's absolutely nothing to worry about. Not only have the chains of the Law been broken, they never existed; demons never guarded the stars, the Empire never got started, Eros never grew a beard. … There is no becoming, no revolution, no struggle, no path; already you're the monarch of your own skin—your inviolable freedom waits to be completed only by the love of other monarchs: a politics of dream, urgent as the blueness of sky.24 Bey imagines that this is because chaos is a primordial “undifferentiated oneness-of-being.” A Parmenides or a Spinoza or a Laruelle would read this a certain way. Individual objects, or decisions to talk about this rather than that, are just maggot-like things crawling around on the surface of the giant cheese of oneness.25 Yet he also describes chaos as “Primordial uncarved block, sole worshipful monster, inert & spontaneous, more ultraviolet than any mythology.” This image is of an inconsistent object, not of an undifferentiated field. An object, indeed, that can be distinguished from other things. If not, then the first part of The Temporary Autonomous Zone , subtitled “The Broadsheets of Ontological Anarchism,” is a kind of onto-theology. Onto-theology proclaims that some things are more real than others. Bey, however, is writing poetically, and thus ambiguously. We are at liberty to read “undifferentiated oneness-of-being” as something like the irreducibility of a thing to its parts and so forth (undermining and overmining). This certainly seems closer to the language in the following paragraph: “There is no becoming … already you're the monarch of your own skin.”26 On this view, there is no difference between art and politics: “When ugliness, poor design & stupid waste are forced upon you, turn Luddite, throw your shoe in the works, retaliate.” Since Romanticism this has been the war cry of the vanguard artist.27 To say to is to fall prey to the tired axioms of the avant-garde, and we think we know how the game goes. But OOO is not simply a way to advocate “new and improved” versions of this shock-the-bourgeoisie boredom. Bey's text is certainly full enough of that. Rather, since causality as such is aesthetic, and since nonhumans are not that different from humans, the new approach would be to form aesthetic–causal alliances with nonhumans. These alliances would have to resist becoming brittle, whether that brittleness is right wing (authoritarianism) or left wing (the endless maze of critique). No “ism,” especially not the ultimate forms, nihilism and cynicism, is in any sense effective at this point. All forms of brittleness are based on the mistaken assumption that there is a metalanguage and that therefore “Anything you can do, I can do meta.” I will not be listing any approaches here, as Bey does. Such lists and manifestos belong to the vanguardism that no longer works. Why? Not because of some marvelous revolution in human consciousness, but because nonhumans have so successfully impinged upon human social, psychic and aesthetic space. It is the time after the end of the world. That happened in 1945, when a thin layer of radioactive materials was deposited in Earth's crust. Geology now calls it this era the Anthropocene . Ironically, this period, named after humans, is the moment at which even the most thick headed of us make decisive contact with nonhumans, from mercury in our blood to manta rays to magnesium. Richard Dawkins, Pat Robertson and Lady Gaga all have to deal with global warming and mass extinction, somehow. We now live in an Age of Asymmetry marked by a skewed, spiraling relationship between vast knowledge and vast nonhuman things—both become vaster and vaster because of one another and for the same reasons.28 This means that coming up with the perfect attitude or the perfect aesthetic prescription just won't work any more. Even the most hardened anthropocentrist now has to pay through the nose for basic food supplies, and has to use more sunscreen. Whether he knows it or acknowledges it, he is already acting with regard towards nonhumans. There is nothing special to think, no special critique that will get rid of the stains of coexistence. The problem won't fit into the well-established modern boxes, which is why the “mystical,” “spiritual” quality of Bey's prose is welcome. Of course, when I put it this way, you may immediately close off and decide that I am talking about perfect attitudes after all, or something outside of politics, or other ways that the radical left marshals to police its thinking of the nonhuman. Because that is what is really at stake in all this: the nonhuman in its coexistence with the human—bosons, gods, clouds, spirits, lifeforms, experiences, the sunlight rippling across the cypresses. Bey begins to get at this in a Latour litany in the second part of The Temporary Autonomous Zone , “The Assassins”: Pomegranate, mulberry, persimmon, the erotic melancholy of cypresses, membrane-pink shirazi roses, braziers of meccan aloes & benzoin, stiff shafts of ottoman tulips, carpets spread like make-believe gardens on actual lawns—a pavilion set with a mosaic of calligrammes—a willow, a stream with watercress—a fountain crystalled underneath with geometry— the metaphysical scandal of bathing odalisques, of wet brown cupbearers hide-&-seeking in the foliage—“water, greenery, beautiful faces.”29 This will be conveniently dismissed as orientalism. If we're never allowed to escape the crumbling prison of modernity for fear of imperialism there is truly no hope. In a similar way, the fear of anthropocentrism and anthropomorphism is very often staged from a place that just is anthropocentrism .30 Critique turns into ressentiment . An object radiates a zone that is aesthetic and therefore causal. Because objects “time” they are temporary. Not because they exist “in” time that eventually gets the better of them. Their very existence implies the possibility of their non-existence. Since objects are not consistent, they can cease to exist. But nothing, no one, will ever be able to insert a blade between appearance and existence, even thought there is a rift there. Now that's what I call autonomy. NOTES 1. John Cage, Silence: Lectures and Writings (Middletown, CT: Wesleyan University Press, 1973), 96. 2. P. B. Medawar and J. S. Medawar, The Life Science: Current Ideas in Biology (London: Wildwood House, 1977), 8. 3. David DeGrazia, Animal Rights: A Very Short Introduction (Oxford: Oxford University Press, 2002), 5. 4. Antony Colynet, A True History of the Civil Warres in France (London, 1591), 480. 5. Martin Heidegger, Being and Time , tr. Joan Stambaugh (Albany, N.Y: State University of New York Press, 1996) 62–71. 6. Graham Harman, Tool-Being: Heidegger and the Metaphysics of Objects (Peru, IL: Open Court, 2002). 7. Hakim Bey, The Temporary Autonomous Zone (Brooklyn: Autonomedia, 1991). 8. Graham Harman, The Quadruple Object (Ripley: Zero Books, 2011), 7–18. 9. This is not the place to get into an argument about quantum theory, but I have argued that quanta also do not endorse a world that I can't speak about because it is only real when measured. This world is that of the reigning Standard Model proposed by Niels Bohr and challenged by De Broglie and Bohm (and now the cosmologist Valentini, among others). See Timothy Morton, “Here Comes Everything: The Promise of Object-Oriented Ontology,” Qui Parle 19.2 (Spring–Summer, 2011), 163–190. 10. John Donne, Holy Sonnets 15, in The Major Works: Including Songs and Sonnets and Sermons , ed. John Carey (Oxford: Oxford University Press, 2009). 11. Edward O. Wilson, Consilience: The Unity of Knowledge (New York: Knopf, 1998). 12. Martin Heidegger, What Is a Thing? (Washington: Regnery, 1968), 243. 13. Albert Einstein, Relativity: The Special and the General Theory (London: Penguin, 2006); Petr Horava, “Quantum Gravity at a Lifshitz Point,” arXiv:0901.3775v2 [hep-th]. 14. Graham Priest, In Contradiction (Oxford University Press, 2006), passim: the most notable recent quarantine officers have been Tarski, Russell, and Frege. 15. Priest, In Contradiction , 172–181. 16. William Butler Yeats, “Among School Children,” Collected Poems , ed. Richard J. Finneran (New York: Scribner, 1996). 17. Paul de Man, “Semiology and Rhetoric,” Diacritics 3.3 (Autumn, 1973), 27–33 (30). 18. Jacques Lacan, Le seminaire, Livre III: Les psychoses (Paris: Editions de Seuil, 1981), 48. See Slavoj Zizek, The Parallax View (Cambridge, Mass.: MIT Press, 2006), 206. 19. Alphonso Lingis, The Imperative (Bloomington: Indiana University Press, 1998), 29. 20. Priest, In Contradiction , 9–27. 21. See Graham Priest and Francesco Berto, “ Dialetheism ,” The Stanford Encyclopedia of Philosophy (Summer 2010 Edition), ed. Edward N. Zalta. 22. Jacques Lacan, Écrits: A Selection , tr. Alan Sheridan (London: Tavistock, 1977), 311. 23. The analogy can be found at length in Douglas Hofstadter, “Contracrostipunctus,” Gödel, Escher, Bach: An Eternal Golden Braid (New York: Basic Books, 1999), 75–81. 24. Bey, “ Chaos: The Broadsheets of Ontological Anarchism ,” Temporary Autonomous Zone . 25. This is closest to the language of François Laruelle in Philosophies of Difference: A Critical Introduction to Non-Philosophy (New York: Continuum, 2011) 179. 26. Bey, “ Chaos: The Broadsheets of Ontological Anarchism ,” Temporary Autonomous Zone . 27. Peter Bürger, Theory of the Avant Garde (Minneapolis: University of Minnesota Press, 1984). 28. For further discussion see Timothy Morton, “From Modernity to the Anthropocene: Ecology and Art in the Age of Asymmetry,” The International Social Science Journal 209 (forthcoming). 29. Bey, “ The Assassins ,” Temporary Autonomous Zone . 30. Timothy Morton, The Ecological Thought (Cambridge, Mass.: Harvard University Press, 2010), 75–76. (shrink)

Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German (...) law. Catholic priests, should this plan that is currently under discussion be implemented, were obliged to disclose the knowledge gained in confession to law enforcement authorities. The canonical consequence of such a breach of the confessional secret would be excommunication. In such cases priests therefore would only have the choice between breaking the law (which would probably also be punishable under criminal law) and excommunication, with all the resulting disadvantages. In this paper, the canonical law rules regarding confession are presented before the provisions relating to the confessional secret in § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 383 para. 1 No. 4 of the Code of Civil Procedure and § 139 para. 2 of the Criminal Code are discussed. Specifically, the question is raised as to whether a duty of priests to co-operate with the law enforcement authorities may be established by law. Here in particular the protection of the confessional secret under the protection of freedom of religion under Article 9 of the European Convention on Human Rights will be discussed. It has to be noted however that the protection afforded by Article 9 of the European Convention on Human Rights extends far less than the scope of § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 129 para. 2 of the Criminal Code and § 383 para. 1 No. 4 of the Code of Civil Procedure, as Art. 9 ECHR only protects the confessional secret as far as it is required from a religious point of view, but not a general pastoral secret. The article then includes a discussion on the limitations of Article 9 ECHR. Limitations of Article 9(1) ECHR on religious freedom under Article 9(2) ECHR are only permitted if they are prescribed by law and necessary in a democratic society for the protection of public order, health, morals or the rights of others. This is discussed against the background of the legislative goal of more effective law enforcement. As a result, a limitation of the protection of confessional secret through normal (sub-constitutional, domestic) laws, despite the understandable goal of more effective law enforcement, is not compatible with Article 9 of the ECHR. (shrink)

“What must we do to prevent a nuclear omnicide?” I want to answer this question from a Kantian perspective. For Kant a state of peace is not only the denial of a state of war but also a state of justice, in which right rules might. Kant’s concept of peace is normative. According to him, practical reason commands us to leave the state of nature, which is a state of war, and establish a state of peace, inasmuch as this (...) is a necessary condition for a state of justice. For Kant justice is an a priori concept “entirely derivable from the concept of freedom in the mutual relationships of human beings.” Accordingly, the pursuit of peace is a political duty dictated by practical reason, and the task of realizing peace is a moral task incumbent upon everyone engaged in the conduct of government. This paper has three parts. In the first two parts, we will explore Kant’s perspective of peace, focusing on his concept of peace and his view of the task of peace. In the third and concluding part, using Kant’s perspective as our vantage point, we will reflect upon the prevailing mode of peace-thinking in our time and then address our question: “What must we do to prevent a nuclear omnicide?”. (shrink)

A common view of politics is that it is reducible to applied ethics. If politics, in a classic phrase, is about “who gets what, when, and how,” then the task of normative political theory would simply be to tell us who is morally entitled to get whatever the “what” is in that statement.This view, however, can easily reduce politics to a dizzying vortex of actions to assess from an ethical perspective. And while the task of moral philosophy may be precisely (...) to articulate principles by which to pass such judgment, the focus of political theory lies elsewhere.To study and assess politics means attending to the institutional frameworks and structural conditions that enable or constrain human action to begin with. The question for normative political theory, in other words, is whether the organizational structure of a given society—embodied in its decision-making procedures, its distribution of power, and its defining patterns of production, reproduction, and distribution—is defensible or not.This question of justice in the institutional makeup of society has not been entirely ignored in animal rights literature. Animal advocates have always been clear about the massive societal ramifications of dismantling the speciesist order. Likewise, rights theorists and activists have often proposed concrete legal measures for improving the protection of animals, be it by piecemeal welfare reform in animal agriculture, by the abolition of specific practices in biomedical research, or by seeking the equivalent of human rights for select species like great apes or dolphins. The field has also seen fierce debate among animal advocates about the appropriate strategies for engaging with the state and the legal system.Nonetheless, most discussions have been about what it means to treat individual animals with respect, and not about what is required of a political order aspiring to just treatment of all species. In fact, it is only in the last decade that the issue of political justice has taken up a place at the center of animal ethics.Though the field is still developing, we may take it as a sign of maturity that it can now sport its first “short introduction” book: Alasdair Cochrane's Should Animals Have Political Rights? (2020). Its appearing as part of the Polity Press series Political Theory Today further attests to the book's timeliness.The starting point of Cochrane's book—and of political animal studies in general—is that political relations between humans and other animals are not optional but inevitable. Other animals live among us, and the way we organize our societies has a massive impact on the lives of other sentient animals both inside and outside the borders of our human communities. Assuming that these creatures possess intrinsic value as experiencing individuals with morally relevant interests, the question seems inescapable: What kind of polity can accommodate for the multispecies character of our communities and embody justice for all sentients? Cochrane's answer is largely the same as the one he offered in his previous book, Sentientist Politics: A Theory of Global Inter-Species Justice (Oxford University Press, 2018), where he laid out his full vision of a postnational and species-neutral “cosmozoopolis.”The present book is much more concentrated and written as an accessible introduction for readers new to the field. Over seven short chapters, Cochrane reconstructs his argument for an interspecies democracy by assessing a series of arguments and propositions drawn from previous literature on the topic.The first notion to be scrutinized is the popular idea that animal welfare legislation is enough to secure respect for animals. Here, Cochrane acknowledges that welfarism goes some way toward safeguarding animal interests, but he also stresses that its historical record has been disheartening. Welfarism protects animals only insofar as their protection coincides with human interests, and this is far from enough to ensure respect for the animals’ intrinsic value.The second line of argument tries to push beyond welfarism by claiming constitutional protection for animals. By this move, reformers hope to place animal interests on an equal footing with human interests and prevent the overriding of the former in the name of human entitlements (to property, artistic expression, freedom of science, and so forth). Looking at real-world cases, however, Cochrane finds that these constitutional provisions tend to be sidelined when they come into conflict with the interests of big agribusiness.Noting that more than constitutional protection is needed, Cochrane turns to a third set of arguments about legal personhood for animals. Winning personhood for animals would certainly constitute a radical step toward equalizing the interests of different species. Nonetheless, Cochrane argues that personhood alone would be insufficient. Intrinsic value, to him, cannot be fully respected unless animals win the political right to have their interests factor into society's articulation of the public good. As sentient beings, we can all make a claim on the political communities we are part of to not only recognize us as members but furnish us with the means to live well.The fourth and final step for Cochrane is to argue that democratic representation for animals is necessary for realizing these political membership rights. Without representation, he contends, political rights risk being watered down, leaving animals with much less than they are entitled to as sentient beings. Cochrane critically discusses several different models for how this representation could be organized. While he is partial to a system where specially trained human representatives are tasked with voicing the animals’ interests in the legislative process, he leaves many of the practicalities open for future experimentation.Readers familiar with the field of political animal studies will find little new in Should Animals Have Political Rights? For students new to the field, however, Cochrane's book does an excellent job introducing the main issues in a very accessible format. Students of “regular” political science will also benefit from the book's fresh challenge to the discipline's understanding of “the political” as well as its important insights into the relationship between individual and political rights. (shrink)

Photo by Tingey Injury Law Firm on Unsplash ABSTRACT The coverage of healthcare costs allegedly brought about by people’s own earlier health-adverse behaviors is certainly a matter of justice. However, this raises the following questions: justice for whom? Is it right to take people’s past behaviors into account in determining their access to healthcare? If so, how do we go about taking those behaviors into account? These bioethical questions become even more complex when we consider them in the context of (...) a commitment to publicly funded, universal healthcare coverage. INTRODUCTION Healthcare coverage of lifestyle-related conditions is certainly a matter of justice. However, this raises the following justice-related question: Is it right to consider people’s past behaviors in determining their access to healthcare? If so, the methods of taking those behaviors into account must be fair and justifiable. This bioethical question becomes even more complex when we consider it in the context of a commitment to publicly funded, universal healthcare coverage. This paper takes an old, classic debate, evaluates newer approaches, and offers an argument favoring a combined approach which alters the liberal-egalitarian solution to account for social justice. ANALYSIS l. Causes of Disease If healthcare coverage were universal, irrespective of socioeconomic status and lifestyle, people would contribute to the cost of remedying the lifestyle-induced health problems of others. In the West, lifestyle-related diseases are burdensome.[1] This paper approaches this concern from a western lens that incorporates both a European tradition of “social safety nets” and an American tradition of personal freedoms. By taking such an approach, solutions to the consequences of one’s past behavior burdening others must consider an individual’s personal freedom to choose to act as he or she wishes, with the distributive social and economic equality of the many. The concept of disease caused by lifestyle and diet is proven. Many health conditions include behavioral risk factors. Multi-pack smoking increases the risk of chronic lung disease, while obesity increases the risk of type 2 diabetes. Inattention to high blood pressure, high cholesterol, and a lack of exercise leads to increased risks of coronary artery disease.[2] While poor lifestyle choices certainly influence these conditions, their causes are multifactorial, and it is difficult to say that any single string of poor choices led to their development. In a scenario where two men excessively eat fast food for 20 years, several discrete factors impact whether any of them might suffer an ischemic-embolic stroke or not. Genetics, circumstances, and activity will also contribute to outcomes. ll. Alcohol-Related End-Stage Liver Disease One paper suggests that alcohol-related end-stage liver disease (ARESLD) differs from other multifactorial disorders as alcohol alone causes the disease.[3] It justifies attributing personal responsibility to patients with ARESLD because the condition develops only after the cumulative effects of large quantities of alcohol consumed from years to decades.[4] However, the paper undermines its position by admitting that even the susceptibility to becoming an alcoholic has some degree of genetic predisposition.[5] Given the extreme scarcity of donor livers, some patients may be prioritized over others on the transplant waiting list. Since donor livers cannot be given to everyone, transplanting a liver into an alcoholic may result in death for competing candidates whose liver disease was not their fault. All else being equal, if bioethicists avoid claiming moral deficiency or judgment, those with apparently self-inflicted ARESLD will not be deprived of treatment but will have a lower priority for transplant.[6] In contrast, another position suggests that it is often difficult to define what behaviors are punishable as these are largely personal and value-laden.[7] Still, people do not support using their own resources to support the consequences of others’ poor choices, no matter how objective.[8] In democratic societies, one must take into consideration community morals and values.[9] Even if we were to punish people for their health-adverse behaviors, we could not logistically employ the vigorous and sustained efforts necessary to determine whose actions are morally weak.[10] lll. The Liberal-Egalitarian Proposal One past argument proposes a liberal-egalitarian solution to manage personal responsibility for so-called “lifestyle diseases.”[11] This Rawlsian system combines the European-style “social safety net” commitment to social and economic equality with the American liberal notion of pluralist toleration and personal freedoms. This idealized system aims to hold people responsible for their choices rather than the consequences to mitigate the downside of blaming those who might not be blameworthy. The approach avoids determining the questionable nature of luck and personal responsibility for health outcomes, fairness in the distribution of economic burden, and the intrusiveness required to practically determine who acts in a morally wrong and health-adverse way. The liberal-egalitarian model, a theory of distributive justice, has two facets: the liberal principle that people should be held accountable for their choices and the egalitarian principle that people who make the same choices should have the same outcomes.[12] This model attempts to fuse responsibility with equity by seeking to reward good behavior and tax bad behavior rather than punish the consequences of the action and navigate who deserves treatment. For instance, the hospital bedside is not the appropriate place to introduce responsibility for one’s health outcomes.[13] This appeals to the reality that, at that time, discerning the true causes of disease was not plausible and to humanity in avoiding a heartless and cruel approach. An argument in favor of the liberal-egalitarian model considers its method of implementation. This approach assumes that the healthcare system treats all individuals regardless of their choices or ability to cover costs. The liberal-egalitarian model also assumes that a certain adverse health condition is related, statistically speaking, to the consumption of a certain good and that good can be taxed. As such, it proposes to tax the consumption of that good to finance the collective burden which arises from that good’s consumption rather than require individuals to pay for their own treatment. In the example of ARESLD, the recommended solution would be taxing all alcohol. While a systematic infrastructure is not explicit, there is the implication that a per-unit tax can be imposed on alcohol so the total tax revenue would make up for the additional healthcare costs due to consumption.[14] Upholding the principle that all people who make the same choices should face the same costs, all consumers of alcohol would pay the same tax, regardless of factors such as genetic predisposition to alcoholism, lifestyle, or expected cost of treatment. Upholding the principle of individual responsibility, this model does not deny treatment to anyone, neutralizing factors outside that individual’s control by imposing the tax ex-ante. Other people are not burdened by those who consume the good. People who consume alcohol face a burden proportional to the amount consumed. This tax-based implementation is justified so long as the tax is not prohibitively high for the average consumer. Further, the model mitigates concerns over the intrusiveness of ascribing morality to health-adverse behaviors. lV. Moral and Social Arguments Against the Liberal-Egalitarian Position Arguments against the liberal-egalitarian model concerns its many assumptions. First, this model assumes that consumption of such goods is directly related to the health outcome and that these goods can be taxed.[15] Certain people genetically predisposed to alcoholism would be predisposed to consume more alcohol. The model falls short when applied to scenarios where health outcomes are not consumption-based, such as engaging in unsafe sex or abstaining from healthy lifestyle choices like exercise. Second, some might argue that the liberal-egalitarian model fails to remain neutral. Residual moral judgments tied to consumption choices introduce non-neutrality. Although taxation in free societies is determined by democratic procedures rather than by individuals in the healthcare system, moral and value-based judgments will be implicit in deciding what behaviors are taxable, such as the purchase of cigarettes. Third, the liberal-egalitarian model fails to determine whether one’s behavior is autonomous, as socio-cultural-economic factors may influence it and behavior is more a product of society, peer pressure, or income. Those also may reflect systemic inequalities. Therefore, this model, which rewards, or taxes based solely on decisions, regardless of their consequences and motivations, fails to consider that a person’s decisions may not be completely autonomous. V. Libertarian Arguments Against the Liberal-Egalitarian Model a. State Intrusiveness as Counter to the Liberal-Egalitarian Model Last, there is a libertarian worry that if the state guarantees universal healthcare coverage to all people, the state will have to become highly intrusive and investigate people’s morals.[16] At least one-third of all disease burden in North America, Europe, and the Asia-Pacific is attributable to lifestyle measures such as tobacco smoking, alcohol consumption, high cholesterol, and obesity.[17] With these various lifestyles, it is not likely to agree on what conduct to tax or condemn.[18] The fine-toothed comb required to determine whether each citizen has been engaging in these behaviors would intrude on daily life and personal freedom. Libertarians champion the argument that impractical intrusiveness would result from universal healthcare, and such a degree of intrusiveness would likely be universally unacceptable.[19] The liberal-egalitarian model mitigates the libertarian worry about state intrusiveness as it does not involve prying into one’s life and choices other than taxing goods. A liberal state should ideally be neutral to how people decide to live their lives. In all, libertarians can rest assured that the liberal-egalitarian tax-based model, through its ex-ante implementation, will require no prying state eyes. States that provide universal healthcare coverage and wish to condemn certain misconduct do not need to become overly intrusive to carry out measures to hold individuals accountable. b. Fairness Another libertarian worry regarding the guarantee of universal healthcare coverage in the context of lifestyle-driven diseases is that the public will be burdened unfairly with covering others’ ill-advised mistakes or bad luck. An ideal system to address this worry would link treatment or payment for treatment with whatever behavior caused that need.[20] The distribution of burdens should be linked to how different individuals contributed to the creation of those burdens. Applied to health policy, we should ask how the need for a certain treatment arose when determining how to distribute its cost.[21] The liberal-egalitarian model aspires to hold individuals responsible for their choices, not for the consequences of such choices. This model significantly mitigates the libertarian worry over unfair burdens for covering other people’s mistakes or social conditions, which lead to those bad outcomes, by ensuring to not burden others with any of the costs for the treatment of people who decide to engage in certain health-adverse behaviors. The aforementioned taxation-based system would only tax those who also engage in the health-adverse behavior through consumption, and that tax directly pays for the necessary collective treatment. As such, those who do not consume the good are not involved with the payment scheme, while those who do consume the good are responsible for payment in a matter proportional to the amount of the good they have consumed. Vl. Universal Coverage Taking a step back, one should consider whether these worries regarding the coverage of apparently self-inflicted health conditions in the context of universal healthcare are worthwhile issues. One perspective raises what is called the culturally imagined objection — an idea erroneously held by many that sick people, especially those who are poor and uneducated, bring these illnesses upon themselves due to poor decision-making and irresponsible risk-taking.[22] This perspective critiques the uniquely American view that, since individuals are free to choose their lifestyles, they should bear the costs of their lifestyle.[23] Taking this argument further, some (perhaps the strongly libertarian) would say that the poor health status among many individuals is the price individuals must pay for their American way of life and the liberty and freedom to live as they wish. However, people should not completely punish individuals for their health-adverse behaviors because these choices are largely pre-determined by a person’s socioeconomic influences.[24] The outcomes from these allegedly ill-advised behaviors, which largely affect poorer people, are not just poor behavior but rather a public health crisis. Perhaps the state and its people should take collective responsibility and cover the costs of treatment for those health outcomes without question, as a form of public service. Rather than worrying about accountability and taxing bad behavior or intrusiveness into personal decisions, some might argue that people need to collectively take responsibility for reducing the overarching systemic inequalities and covering the associated treatment costs as a measure of public health. Vll. Proposed Solution Given the strengths of the liberal-egalitarian model and taking into account libertarian and social justice-oriented objections, an ideal solution for the coverage of lifestyle-related health problems needs to consider the complex relationship between a person’s behaviors and their apparent health outcomes. It must consider how society as a whole passes judgment on behaviors and how to take into account that many health-adverse decisions are not truly autonomous decisions, as various genetic and socioeconomic factors influence them. An ideal solution combines the liberal-egalitarian tax-based model with the social justice concerns of universal coverage. Whatever the cost for the treatment of medical issues resulting in part or entirely from lifestyle and diet, taxes collected from spending associated with the behavior (like the purchase of alcohol, junk food, and cigarettes) ex-ante should fund 50 percent of the cost of treatment, while the universal healthcare taxation scheme should include the other 50 percent. Such a system would provide an incentive to avoid the purchases that can lead to unhealthy consumption and make healthier choices, slightly punish and discourage such purchases through taxation, yet not overly punish people whose outcomes may have more to do with socioeconomic factors and genetics. Adding public responsibility demonstrates acknowledgement that health care is in the public interest and can mitigate public health inequalities. This solution would fuse personal responsibility with the public responsibility of state-sponsored social improvement while ensuring that all people have fair access to necessary treatment, no matter their ability to pay. CONCLUSION The 50-50 system this paper proposes reflects both justice and personal responsibility in covering healthcare costs allegedly brought about by people’s own health-adverse behaviors. By allocating tax revenue from consumption that contributes or even alone causes poor health outcomes, such a system incorporates personal responsibility. By using general tax revenue for health care, such a system would meet the libertarian requirement of providing care without any moral investigation of past behaviors and the social justice consideration of providing health care to those who may have unwittingly ventured into ill-health due to systemic injustice, socioeconomics, or genetics. - [1] Cappelen, A. W. (2005). Responsibility in health care: A liberal egalitarian approach. Journal of Medical Ethics, 31(8), 476–480. https://doi.org/10.1136/jme.2004.010421 [2] Moss, A. H. (1991). Should alcoholics compete equally for liver transplantation? JAMA: The Journal of the American Medical Association, 265(10), 1295–1298. https://doi.org/10.1001/jama.1991.03460100097032 [3] Moss, p. 1295-1298. [4] Moss, p. 1296. [5] Moss, p. 1295-1298. [6] Moss, p. 1295-1298. [7] Cohen, C. IS THIS SUPPOSED TO BE COHEN AND BENJAMIN (1991). Alcoholics and liver transplantation. JAMA: The Journal of the American Medical Association, 265(10), 1299–1301. https://doi.org/10.1001/jama.1991.03460100101033 [8] Cohen, p. 1299-1301. [9] Moss, p. 1297. [10] Cohen, p. 1300. [11] Cappelen, p. 478-480. [12] Cappalen, p. 478-480. [13] Cappelen, p.479. [14] Cappelen, p. 479. [15] Cappelen, p. 479 [16] Cohen, p. 1301. [17] Cappelen, p. 478. [18] Cohen, p. 1299-1301. [19] Cohen, p. 1301. [20] Cappelen, p. 476-480. [21] Cappelen, p. 476-480. [22] Kawachi, I. (2005). Why the United States is not number one in Health. Healthy, Wealthy, and Fair, 18–33. https://doi.org/10.1093/acprof:oso/9780195170665.003.0013 [23] Kawachi, p. 18-33. [24] Kawachi, p. 18-33. (shrink)

An increasing number of jurisdictions allow individuals to obtain medication prescribed by their physicians for medical assistance in dying (MAID). But discussion of whether (and to what extent) individuals have the right to use the health care system to control the time and manner of their death is not limited to MAID. The right also exists in other contexts, such as directing the withdrawal of life‐sustaining treatments. Palliative (or terminal) sedation involves medications to render a patient unconscious, coupled with either (...) the withdrawal of artificial nutrition and hydration or their not being administered at all. In high‐enough doses, these medications may further suppress already‐weakened cardiopulmonary function even if there is no intent to hasten death. When teaching about these topics, I challenge students to consider whether there are meaningful differences between practices like euthanasia, MAID, aggressive use of morphine, terminal sedation, or the withdrawal of ventilator support. Whether their differences are morally, ethically, or legally meaningful can be difficult to tease out. After recently watching a loved one, whom I call “Stephan,” direct the time and manner of his death within hospice care in a state that does not allow MAID, I am less inclined than ever to believe that the differences are meaningful in a way the law should recognize. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

This paper is an introduction to a special issue on Nationalism, Multiculturalism and Liberal Democracy. It attempts to describe the state of the debate on issues of multiculturalism and nationalism within liberal-democratic theory. I suggest that there may be an emerging consensus on liberal culturalism – the view that certain group-specific rights or policies aimed at recognizing or accommodating ethnic and national groups are legitimate so long as they operate within certain constraints of liberal justice. I explore the possible reasons (...) for this emerging consensus (including the lack of clear alternatives), and conclude with some suggestions about the likely avenues for future research in this area. (shrink)

I attempt to vindicate our authority to create new practical reasons for others by making choices of own own. In The Doctrine of Right Kant argues that we have an obligation to leave the Juridical State of Nature and found the state. In a less familiar passage in Religion within the Bounds of Mere Reason he argues for an obligation to leave what he calls the Ethical State of Nature and join together in the Moral Community. I read both (...) texts as addressing and trying to resolve a tension between our individual freedom and our authority to make claims on one another. I explicate the political argument, and then develop the view that Kant sketches in the Religion, arguing that regarding others as capable of making choices that give you reasons to act is a condition of the full exercise of your autonomy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justifying the Right to Music EducationMarja HeimonenIn this study I will explore legal philosophical questions related to music education.1 I will begin by asking, "Is there a right to music education?" and move on to consider what constitutes a right and what kind of music education is at issue. My argument is that there is a right to music education and to a certain kind of music education in (...) terms of content.In the Nordic countries, Finland, Sweden, Denmark, Iceland, and Norway, the right to general music education is based on law. All these countries belong to the Nordic legal culture. They are part of the Continental civil-law system consisting of enacted statutes with abstract norms. Case- and judge-centered common law that develops from decision to decision is used in Anglo-American societies such as the United States and England.2 The law usually leaves the contents of education more or less open.This study explores music education in the light of the ideas of Aristotle and some of his modern followers.3 Philosophers of music education significantly influenced this study, in which I argue that the principal aims of education are connected not only to musical skills, but also to virtues, moral philosophy, and the education of the human being as a whole. My objective is to make the differences [End Page 119] between the aims and content of music education in various societies more explicit and understandable.The right to music education is closely connected to its justification. In practice, music education is justified in terms of internal goods (in other words, by self-justifying values emphasizing personal well-being and self-expression) and external goods (favoring the effective training of future professionals, for instance). I will suggest that external goods should be subordinate to internal goods, and that an optional balance between the two is needed. This balance is achieved through continuous debate in a living tradition that focuses on the holistic view of the aims in music education.However, deeper arguments are needed in justifying the right to music education. According to Estelle Jorgensen, a dynamic and dialectic process characterizes music and education, both of which are part of the changing society and the culture that surrounds them: transformation is ongoing all the time.4 I will argue that music education has an important role not only for the individual, but also for society as a whole, since music could be regarded as an instrument in the teaching of virtues.The question that follows is: what kind of virtues? This essay explores the role of music education in developing one of the fundamental virtues in society, the sense of justice. The role of the music teacher could be compared with that of the judge: to build cases in real practical situations in the framework of general principles, which may be both written (such as law and curricula) and unwritten (tradition). Theory and practice have to go hand in hand—general principles always have to be adapted to individual situations (and not vice versa)—when music educators are acting in the present society.The ApproachThe right to music education includes not only the question of the right of every child and adolescent to receive a certain number of music lessons or to attend a music school. It also involves aspects related to values, aims, and contents. To clarify the complexity of rights in this context, we might think of several levels. The first level of ideological options comprises training for a professional career for which the notion of legal philosophy leans on analytical legal positivism. The second level of ideological options refers to artistic self-expression and the notion of law for this is outlined in terms of "law as culture" and natural law philosophy. The third level consists of the maintenance of societal or cultural values through music education and its notion of legal philosophy is given in terms of the historical school of law and natural law philosophy. A child's rights to music might be regarded as a negative freedom right, with protection against illegal interference on the part of the state, a positive welfare right (an [End... (shrink)

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender community, on the other. As new rights for LGBT individuals (...) have expanded in liberal democracies across the West, longstanding rights of religious freedom -- such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws -- have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions. (shrink)

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...) Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

Hegel's Philosophy of Right was his last systematic work and the most complete statement of his mature views on ethical and political philosophy. It explores the relationships between three distinct conceptions of human freedom: persons as possessing contract rights, subjects as reflective moral agents, and individuals as members of an ethical community. It strongly influenced the early Marx and with the rise of debates over liberalism and communitarianism in the latter half of the twentieth century. In this volume an (...) outstanding line up of contributors examine the nature and impact of Hegel's Philosophy of Right. A diverse array of topics is examined, ranging from Hegel's account of rights, freedom, the state and history to some hitherto relatively overlooked topics such as Hegel and Luther, art and nationality and Hegel and the market. Hegel's Philosophy of Right: Critical Perspectives on Freedom and History will be valuable reading for scholars of Hegel, nineteenth-century German philosophy, political philosophy and history of political thought. (shrink)

Hegel associates 'subjective' freedom with various rights, all of which concern the subject's particularity, and with the demand that this particularity be accorded proper recognition within the modern state. I show that Hegel's account of subjective freedom can be assimilated to the 'positive' model of freedom that is often attributed to him because of the way in which the objective determinations of right recognise the subject's particularity in the form of individual welfare. To this extent, the (...) class='Hi'>practical constraints to which individuals are subject in the modern state are not purely external ones, and the freedom which they enjoy within it is not merely subjective in kind. In exploring the role of certain practical forms of necessity in Hegel's account of civil society I show, however, that Hegel points to the existence of a group of people, the poor, who must be thought to lack subjective freedom, because they will experience the constraints to which they are subject as purely external ones. He also suggests the existence of a form of freedom that is merely subjective in kind, because it consists in a sense of absence of constraint that fails to reflect fully the practical forms of necessity that underlie civil society and constrain an individual's actions. The importance of the concept of necessity in Hegel's Philosophy of Right, as highlighted in the paper, demonstrates, moreover, that the emphasis on freedom found in recent interpretations of Hegel's social and political philosophy needs to be counterbalanced by greater recognition of the role played in it by this concept. (shrink)

This work focuses on the topic of freedom. The author starts with the old issue of free will — do we as individual human beings choose our conduct, at least partly independently, freely? He comes down on the side of libertarians who answer Yes, and scorns the compatibilism of philosophers like Daniel Dennett, who try to rescue some kind of freedom from a physically determined universe. From here he moves on to apply his belief in radical freedom (...) to areas of life such as religion, politics, and morality, tackling subjects as diverse as taxation, private property, justice and the welfare state. (shrink)

What is the purpose of the economy? To answer this intriguing and fundamental question, this book provides a systematic approach to economic ethics and constructs a relationship between the economy and morality; it expounds theoretical and practical issues of economic philosophy along two dimensions: values and institutions. On the dimension of values, Yuichi Shionoya explores the connections between the economy and morality by reconstructing a coherent system of ethics that coordinates the 'good, right, and virtue'. Based on this system (...) of ethics, the book goes on to discuss the dimension of institutions and presents the philosophy of the welfare state, consisting of a tripartite contemporary institution of 'capitalism, democracy, and social security'. Economy and Morality is a remarkable contribution to economic ethics exploring key philosophical issues including efficiency versus justice and liberty versus excellence. Its unique emphasis is the economics of virtue, which is concerned with the virtuous utilization of economic resources for human development, and applied to the reform of the welfare state. will all find this book of great interest - part of its appeal lying in its interdisciplinary approach to contemporary economic, political and social systems based on the synthesis of moral values. (shrink)

MacIntyre, Clark, and Heidegger would all agree that the current problem with moral theory is its lack of a satisfactory conception of human telos. This lack leads us to resort to such fictions as rights, interests, and utility, which are “disguises for the will to power.” Ibid., p. 240. These thinkers would also agree that modern nation-states are cut off from the roots of the Western tradition. Modern political economy, with “its individualism, its acquisitiveness and its elevation of the values (...) of the market to a central social place”Ibid., p. 237. is leading us into “the coming age of barbarism and darkness.”Ibid., p. 244. MacIntyre's grim depiction of the future, which Heidegger calls “the time of the darkening of the earth” and “the flight of the gods”,Heidegger, “What Are Poets For?” in Poetry, Language, Thought. can only be met by re-appropriating our own tradition. Although Aristotle has much to tell us, I believe Heidegger is right to turn to Heraclitus for a non-anthropocentric conception of humanity's place in Nature. Other writers, however, such as Arne Naess, George Sessions, and Stuart Hampshire, argue that the writings of Spinoza may offer the most helpful vision of humanity needed to guide our efforts to find a more appropriate basis for our behavior toward each other and toward the non-human world as well.George Sessions, “Spinoza and Jeffets on Man in Nature,” Inquiry 20 (1977):481–528. Sessions' essay was criticized by Genevieve Lloyd in “Spinoza's Environmental Ethics,” Inquiry 23 (1980):293–311. In reply, Arne Naess wrote “Environmental Ethics and Spinoza's Ethics: Comments on Genevieve Lloyd's Article,” Inquiry 23 (1980):313~ 325. Cf. also Stuart Hampshire, Two Theories of Morality (Oxford: Oxford University Press, 1977). Yet Aristotle, Qark, Heidegger, Heraclitus, Maclntyre, and Spinoza all agree that in order to behave fittingly, we must understand what it means to be human. At this time, I would like to acknowledge the importance of the following objection to what I have been arguing here: While it may be true that the concept of human rights is a fiction, it is nevertheless a very useful fiction for changing how human beings relate to each other. Tom Regan has frequently pointed out that even if the concept of rights proves to be ficticious, it can be helpful in protecting non-human beings from abuse by humans. Cf. his essay “Exploring the Idea of Animal Rights,” Animals' Rights - A Symposium (Sussex and London: Centaur Press Ltd., 1979); Regan, “Animal Rights, Human Wrongs,” Environmental Ethics 2 (1980):99–120. The doctrine of the rights of man justified the American and French revolutions, which brought forth new and important human freedoms. Today, most of humanity still lacks the protection afforded by constitutionally guaranteed human rights. Moreover, even in constitutional democracies there are frequent abuses of and attempts to curtail human rights. Until far more people become committed to protecting human rights, it is unlikely that there will be a big movement to extend rights to non-human beings, much less to overcome the anthropocentrism inherent in the concept of rights. What the Buddhist tradition calls “skillful means” is appropriate in our current situation.My thanks to Professor David Levin of Northwestern University for having reminded me of the importance of approaching the question of human rights in a “skillful” way. We must approach people in a way sensitive to their current self-understanding. Before we can pass on to the stage of planetary unity made possible by non-anthropocentric thinking, we need to find ways that promote mutual respect among human beings.On the topic of the relation between spiritual-psychological growth and the shift in human morality, cf. M.W. Fox, “Animal Rights and Nature Liberation,” in Animals' Rights - A Symposium. Out of such respect there can also arise respect for the non-human as well. While largely in agreement with this point of view, I would like to note that our means must be very skillful, indeed, if we are to transform our relationships to each other and to the natural world before irreparable damage is done to the earth, through nuclear war or environmental destruction. The time grows short for the transformation needed to bring us from the stage of anthropocentrism to a deeper awareness of our internal relationship to the whole world. Some people, such as Peter Russell, argue that we are witnessing the evolution of a non-anthropocentric mode of planetary consciousness that will be supported by the revolution in communications and computers. Peter Russel, The Global Brain: Speculations on the Evolutionary Leap tp Planetary Consciousness (New York: J.P. Tarcher, 1983). Other people, such as Jeremy Rifkin, maintain that the coming computer age promises ever greater intrusions into natural processes, such as the drive for control of genetic structures.Jeremy Rifkin, Algeny (New York: Viking, 1983). In my view, while it is important to extend the idea of human rights wherever possible, it is also crucial that we consider seriously the possibility that the idea of human rights is merely a transitional way of conceiving of morality. As we learn more about the interrelationship of human life with all other aspects of the earth's life, our self-understanding will no longer be in harmony with the human-centered morality we know today. We will either learn to respect all beings and act toward them in appropriate ways, or else we will continue down the road we are now headed - a road which seems to have a very disturbing destination. Learning to dwell appropriately on earth is the most pressing moral issue of the day. (shrink)

Much has been written recently about free will and moral responsibility. In this paper I will focus on the relationship between free will, on the one hand, and various notions that fall under the rubric of “morality,” broadly construed, on the other: deliberation and practical reasoning, moral responsibility, and ethical notions such as “ought,” “right,” “wrong,” “good,” and “bad.” I shall begin by laying out a natural understanding of freedom of the will. Next I develop some challenges to (...) the common-sense view that we have this sort of freedom. I will go on to explore the implications of this challenge for deliberation, moral responsibility, and the central ethical notions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Practical Wisdom and Moral Imagination in Sense and SensibilityKaren StohrThere is no single virtue more important to Aristotle's ethical theory than the intellectual virtue of phronesis, or practical wisdom. Yet for all its importance, it is not easy to make sense of this virtue, either in Aristotle's own writings or in virtue ethics more generally. Insofar as Aristotle defines it, he does so opaquely, saying it is (...) "a state grasping the truth, involving reason, concerned with action about things that are good or bad for a human being." 1Practical wisdom is a form of knowledge aimed fundamentally at acting well. It requires both a general understanding of what is worthwhile in human life and the ability to act in ways that reflect that understanding. 2 My goal in this paper is to explore the latter aspect of practical wisdom in its application to ordinary social behavior. The circumstances that will interest me here are often thought to be the domain of manners or decorum, rather than morals proper. Although no one who takes Hume seriously can deny the moral significance of manners, the relationship between one's inner state of character and how that character is expressed in seemingly mundane behavior has received insufficient attention from moral philosophers. 3 In such a task, there can be few better places to begin than with Jane Austen, whose novels reveal the intricacies of ordinary moral behavior with extraordinary acumen.I shall use Austen's Sense and Sensibility to examine the skill associated with knowing how to behave rightly in the sense we associate with propriety or decorum. This skill is essential to pleasant social life, and hence, on the Aristotelian view, to human flourishing. Yet it is often lacking, even among those who have sound moral principles and good hearts. Well-meaning people frequently say or do what is inappropriate. [End Page 378] Consider, for instance, how common it is for kindly disposed people to say to bereaved friends things like, "it's all for the best" or "be thankful for your other healthy children" or "you're young, you'll marry again." The intricacies of offering sympathy are hard to get right, and otherwise good people can unwittingly leave behind disasters in their wakes.The skill of acting well in complex social situations has interesting links to the capacity for moral imagination. Engaging in imaginative identification with others is essential to empathy. 4 Without suggesting that empathy is at the root of all fluid social interactions, I shall argue that certain characteristic failures to act well in that sphere are imaginative failures. In other words, insofar as the exercise of practical wisdom is present in the realm of manners, it requires moral imagination.Failures of moral imagination, however, can take different forms and have different social effects. I shall use two of Austen's characters in Sense and Sensibility—Marianne Dashwood and Mrs. Jennings—to illustrate different ways in which inadequate imaginative capacity can impede the exercise of practical wisdom. The contrast I shall draw is with Elinor Dashwood, to whom I ascribe practical wisdom in full. 5 This contrast is especially interesting because it is not always very sharp: all three characters have fundamentally good moral principles and warm hearts. Yet unlike Elinor, Mrs. Jennings and Marianne routinely fail to act well, and in characteristic ways. Despite the differences in their characters, they have in common an inability to use moral imagination appropriately. The moral errors of Marianne and Mrs. Jennings occur in relatively insignificant circumstances, but the errors themselves point to something deeper about how the virtue of practical wisdom functions in ordinary moral practice.In exploring the link between moral imagination and moral practice, it will help to remember Aristotle's emphasis on the reciprocity between practical wisdom and the moral virtues. Aristotle held that that practical wisdom is necessary for the exercise of the moral virtues and that conversely, the moral virtues are necessary for the exercise of practical wisdom. 6 The justification for the first of these two claims is clearest in the context of Aristotle's doctrine of the mean. Since what counts as a virtuous action depends on features... (shrink)

Stoic philosophers had to face the accusation of incoherence, self-contradiction and Paradoxes since ancient times. Plutarch in his Moralia writes against them; Cicero devotes a separate work on stoic paradoxes. Even in contemporary Literature there are still discussions on the possibility of such an incoherence and existence of paradoxes in the stoic theory. At first glance, stoic Cosmology gives the impression to both accept a kind of Determinism, and at the same time it undoubtedly argues for the moral agent’s (...) class='Hi'>freedom of the Will. In pre-stoic or even other contemporary to Stoicism Philosophical Traditions, the definitions that these two terms/concepts are given, fairly accuse as incoherent any Theory that does not set them as “contraries”. Under these types of accusations, the stoic Cosmology and Theory of the Freedom of the Will is often to be included. This phenomenal self-contradiction inside the Principles of Stoicism becomes even more obvious in Epictetus, a philosopher of the Late Stoa. He is interested in practical ethics, thus the phenomenal contradiction gets more lucid. This would have augmented the criticism of the Stoic philosophy for incoherence, if Epictetus had not made his main philosophical aim/target : the clarification of how an agent’s Will can be Free inside a Universe ruled by Fate/Destiny ; namely, a Universe merely Determined by Nature’s/God’s Will. Epictetus’ originality appears in the way he interrelates the concept of Freedom of the Will with the concept of Destiny and Determinism, in order to accomplish their simultaneous co-existence. This approach guards him against being easily accused for incoherence and self-contradiction. Through the unique way he understands and defines the Moral Agency, which is the agent’s internal state/condition/disposition, he steers towards an integrated, accomplished, strong and coherent line of argument. This sturdy declaration is able to support the weight of the Consent to a Free Will, and thus a certain kind Freedom of the moral agent. The excellence of this line of argument is that it can bear also the burden of the Consent to the phenomenally contrary concept of Determinism and Destiny. The elements used to the construction of this argument, which is stretched throughout the whole epictetean corpus can be summarised to a few key concepts, which are: the things which are in our power and the things which are not in our power, the concept of Freedom. These concepts work towards his philosophical targeting, because of the special definition he gives them. Axiomatically Epictetus states that in order for man to be free, it is necessary to be liberated from what the body forces him to do. Desires, passions and beliefs are considered as elements which are external to the moral agent. The moral agent “shrinks” into the Will. Thus man has the capability to free himself from anything external to his Will and therefore to harmonise his own Will to the Will of Nature/God; namely, to will what Nature/God wills and thus never conflict to the external facts. Consequently, Epictetus’ solution, is to include in the category of τά οὐκ ἐφ' ἡμῖν anything that he defines as external to the prohairesis: the desires, beliefs, passions and in general anything the body entails, the external facts. Thus the prohairesis, remains unhindered and it is completely depended on man’s power ; as characteristically Epictetus writes, “not even Zeus himself can overpower” the prohairesis. -/- Dissertation for the MSc Ancient Philosophy (2008-2009) at The University of Edinburgh, supervised by Inna Kupreeva. (shrink)

§ . As a corollary to the proposition that all institutions must be subordinated to the law of equal freedom, we cannot choose but admit the right of the citizen to adopt a condition of voluntary outlawry. If every man has freedom to do all that he wills, provided he infringes not the equal freedom of any other man, then he is free to drop connection with the state - to relinquish its protection and to refuse (...) paying toward its support. It is self evident that in so behaving he in no way trenches upon the liberty of others, for his position is a passive one, and while passive he cannot become an aggressor. It is equally self evident that he cannot be compelled to continue one of a political corporation without a breach of the moral law, seeing that citizenship involves payment of taxes; and the taking away of a man's property against his will is an infringement of his rights. Government being simply an agent employed in common by a number of individuals to secure to them certain advantages, the very nature of the connection implies that it is for each to say whether he will employ such an agent or not. If anyone of them determines to ignore this mutual safety confederation, nothing can be said except that he loses all claim to its good offices and exposes himself to the danger of maltreatment - a thing he is quite at liberty to do if he likes. He cannot be coerced into political combination without a breach of the law of equal freedom; he can withdraw from it without committing any such breach, and he has therefore a right so to withdraw. (shrink)

Kant holds that transcendental freedom of the will—“a faculty of absolutely beginning a state, and hence also a series of consequences”—is a necessary condition for moral imputation. The question of whether we are really free is a vexed issue. In this contribution, I pursue two aims: On the one hand, I provide an account of how, according to Kant, theoretical and practical reason work together in a way that allows us to affirm that we are free. On the (...) other hand, I bring Kant’s position into contact with the contemporary debate and defend Kant’s decidedly practical justification of freedom against objections. (shrink)

This article considers a recent attempt by Alon Harel ((1997) 17 OJLS 101) to shed light on the nature of rights by examining the way derivative rights are recognized as instances of more fundamental rights. It criticizes the way Harel seeks to make a distinction between intrinsic and extrinsic reasons for rights, and so to establish a distinctive operation of practical reasoning for rights. The rationales linked to particular rights, and stated more generally within competing rights theories, are considered; (...) as well as the significance of finding rights expressed in a generalized form, and the link between moral and legal rights.Whilst endorsing Harel's observation that an investigation of the basis for derivative rights will illuminate our understanding of rights, the conclusion is reached that the justification for rights has to be found in wider factors than found in their rationale, which of itself is incapable of providing a distinctive operation of practical reasoning. (shrink)

Introduction: where do our rights come from? -- Jefferson's masterpiece: the Declaration of Independence -- Get off my land : the right to own property -- Names will never hurt me : the freedom of speech -- I left my rights in San Franscisco : the freedom of association -- You can leave any time you want: the freedom to travel -- You can leave me alone : the right to privacy -- That flesh is mine : (...) you own your body -- Sticks and stones will break my bones : the right to self-defense -- You'll hear from me : the right to petition the government for redress of grievances -- War . . .war . . .what is it good for? : the right to enjoy peace -- When the devil turns round on you : the right to fairness from the government -- A dime isn't worth a penny anymore : the right to sound money -- Theft by any other name : the right to spend your own money -- A ride on Dr. Feinberg's bus : the right to be governed by laws with moral limits -- Disobeying stupidity : the right to ignore the state -- Conclusion. (shrink)

The rapid change in the world after the Enlightenment not only brought about revolutionary scientific and technological innovations, but also opened the door to important transformations in the context of thought. Especially with the wind created by the French Revolution, some concepts such as equality, fraternity, and justice, which were already in circulation before, came to the fore even more. One of the concepts that was magnified in this process was freedom. The concept manifested itself in philosophy as an (...) understanding of free will against the idea of determinism, and in politics as independence against oppressive governments. Since the day it was addressed as an independent topic, it has attracted attention with its different types and aspects, including freedom of the press, freedom of thought, freedom of expression, freedom of religion and conscience. We see that the intellectual adventure of the Western world in the last two centuries has been shaped around these concepts. The libertarian attitude, which at first manifested itself as a rebellion against religious and secular authorities, was later driven to extremes that saw itself as independent from all moral and social norms. These debates were inevitably reflected in the field of theology, and topics such as the position of the will of man against God’s will, fate and the problem of evil were reconsidered according to contemporary claims and objections. The atheistic tendencies that emerged in the Western world claimed that all religions deprive man of the possibility of being an active subject on earth and that a person who believes that all his/her actions are known and determined cannot be truly free. This point is actually one of several important issues that contemporary atheism raises against theism. These debates have also reached the Islamic world and the issue continued to be addressed with similar arguments. At its core, each of these claims rests on the assumption that Islam's conception of the human being leaves no room for individual freedom. Although the problem has different aspects such as fate and theodicy, one of the most striking aspects of the problem is the question of whether man has the right to reject Islam as well as the right to enter Islam by one’s own free will. It is important to answer this question. Because some practices from the early period of Islamic history and the assumptions that apostates should be killed according to certain conditions, which are accepted as an established jurisprudence in Islamic law, have provided important opportunities for anti-Islamic ideas and ideologies. This article shows how the issue has been dealt with in the classical literature, while at the same time suggesting solutions on how to approach the phenomenon of conversion today. In addition, the study will show that the issue is dealt with in the context of public security in the fiqh literature, and therefore, the current cases of conversion or apostasy do not fully correspond to the discussions in the classical period. (shrink)