In recent years, countries have begun to establish ministries of transitional justice as part of political transitions from authoritarianism to democracy or from conflict to peace. This may reflect a broader historical trend in the administration of TJ, which has evolved from isolated offices within a particular ministry to ad hoc cross-ministry coordinating bodies to the establishment of dedicated ministries. The reasons for the establishment of specific ministries to pursue TJ, what we call ministerialization, have not attracted scholarly attention. This (...) article explores the causes and likely consequences of this development. In particular, it applies international relations, comparative politics, and public policy theories to explain the phenomenon. Contrary to some TJ literature that is concerned about hegemonic transnational discourse, international actors have played little to no role in shaping how TJ is bureaucratically managed. Rather, based upon fieldwork in Solomon Islands and Tunisia, the article concludes that ministerialization has been the result of domestic policy entrepreneurship. For TJ ministries to become a norm, however, more transnational actors will need to be convinced of the benefits of such an institutional arrangement. (shrink)

Many have argued that individuals should receive income in proportion to their contribution to society. Others have believed that it would be fairer if people received income in proportion to the effort they expend in so contributing, since people have much greater control over their level of effort than their productivity. I argue that those who believe this are normally also committed, despite appearances, to increasing the social product — which undermines any sharp distinction between effort- and productivity-based distributive proposals. (...) However, effort-based proposals do emphasise more the importance of people having control over factors affecting their income. The second set of problems I consider is how to implement policies which hold true to this emphasis. I show that there are major problems with the accuracy of using any objective criteria to measure the level of effort a person is expending. Moreover, once any such criteria are employed the problem of ‘moral hazard’arises because people modify their behaviour in such a way as to maximise their income while minimising their effort. This violates the original motivation for using effort. Because of this and other empirical considerations, I argue that productivity may well be a better criterion on which to distribute income even if one is motivated by the same concerns which have prompted effort-based proposals. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

Matt Zwolinski argues that libertarians “should see the Basic Income Guarantee (BIG)—a guarantee that all members will receive income regardless of why they need it—as an essential part of an ideally just libertarian system.” He regards the satisfaction of a Lockean proviso—a stipulation that individuals may not be rendered relevantly worse off by the uses and appropriations of private property—as a necessary condition for a private property system’s being just. BIG is to be justified precisely because it prevents proviso violations. (...) We deem Zwolinski’s argument a “Direct Proviso-Based Argument” for BIG. We argue that because this sort of argument for the BIG is in tension with other principles libertarians within the Lockean tradition hold dear, specifically prohibitions on seizing legitimately held property and forcing individuals to labor, the Direct Proviso-Based Argument fails. (shrink)

This paper argues that we should replace the common classification of theories of welfare into the categories of hedonism, desire theories, and objective list theories. The tripartite classification is objectionable because it is unduly narrow and it is confusing: it excludes theories of welfare that are worthy of discussion, and it obscures important distinctions. In its place, the paper proposes two independent classifications corresponding to a distinction emphasised by Roger Crisp: a four-category classification of enumerative theories (about which items constitute (...) welfare), and a four-category classification of explanatory theories (about why these items constitute welfare). (shrink)

This chapter surveys hybrid theories of well-being. It also discusses some criticisms, and suggests some new directions that philosophical discussion of hybrid theories might take.

Are we witnessing progress or regress in the recent increasing popularity and electoral success of populist politicians and parties in consolidated democratic nations? ... Is the innovative use of popular referendum in Great Britain to settle fundamental constitutional questions a progressive or regressive innovation? ... Similarly, is the increasing use of constituent assemblies to change constitutions across the world evidence of progress in democratic constitutionalism, or, a worryingly regressive change back toward unmediated popular majoritarianism? ... This paper reflects on some (...) of the perils and promise of framing such questions with the conceptual couplet of progress and regress. It considers four compelling critiques of the use of ‘progress’ and its cognates in sociopolitical theory, as well as arguing that such concepts are nevertheless ineliminable for our normative theories. The paper concludes by suggesting that we can avoid the most serious problems by employing only conceptions of political progress and regress that are piecemeal, pragmatic, and processual. (shrink)

Group-based reasons are reasons to play one’s part in some pattern of action that the members of some group could perform, because of the good features of the pattern. This paper discusses three broad conceptions of such reasons. According to the agency-first conception, there are no group-based reasons in cases where the relevant group is not or would not be itself an agent. According to the behaviour-first conception, what matters is that the other members of the group would play their (...) parts in the relevant pattern, not whether they would have the cooperative intentional states constitutive of group agency in doing so. This paper argues against these conceptions and in favour of the powers-first conception, according to which what matters is that the members of the group have practically relevant powers. (shrink)

Difficult Atheism shows how contemporary French philosophy is rethinking the legacy of the death of God in ways that take the debate beyond the narrow confines of atheism into the much broader domain of post-theological thinking. Christopher Watkin argues that Alain Badiou, Jean-Luc Nancy and Quentin Meillassoux each elaborate a distinctive approach to the post-theological, but that each approach still struggles to do justice to the death of God.

Authentizitat ist ein in unserem kulturellen Raum allgegenwartiges Phanomen. Doch wem oder was begegnen wir, wenn wir meinen, uns selbst verwirklichen oder alternativ einfach uns selbst treu sein zu mussen? Christoph Wiesinger zeigt, dass wir auf ein Selbst geworfen werden, das zwar als homogener Nukleus der Person projiziert werden kann, sich aber bei genauerem Hinsehen als komplexe sozial verinnerlichte Struktur entpuppt. Das Selbst ist keineswegs objektiv zu fassen, sondern unterliegt sozialen Genesen und wird durch soziale Adressierung unterschiedlich formiert. Das Ereignis (...) von Authentizitat gibt somit Anlass zur Reflexion der Differenz zwischen Erwartung und Erfahrung. Christoph Wiesinger legt die Strukturen des Phanomens der Authentizitat frei, zeigt die theologischen Implikationen auf und diskutiert die praktisch-theologischen Konsequenzen. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

Die Kernthese der Paracelsischen Naturphilosophie, die Ahnlichkeit von Mensch und Welt, festgelegt in der Analogie von Mikro- und Makrokosmos, enthullt einen -Code-, der als konstitutives Moment samtliche Aussagen auf einer prakonzeptionellen Ebene organisiert, samtliche Teilbereiche in ihrer funktionalen Bedeutung fur das -Ganze- markiert und schliesslich im Sinne Foucaults zu einer -diskursiven Formation- werden lasst. Die auf diese Weise vorgefuhrte Erfahrungsform von Welt und Natur steht zu dem neuzeitlich-technischen Verfugungswissen in einer historischen Diskontinuitat.".

In this paper I shall explain what I take to be the nature of justice; and the method which I shall follow is that of attempting to infer the essential nature of justice from an examination of its actual practical operation. Perhaps the reader will be able to follow the drift of the argument more easily, and be more on his guard against possible misstatements of fact or erroneous inferences, if I mention at the outset the main conclusions to which (...) I hope to lead him. (shrink)

This article proposes a way of understanding Kantianism, act-utilitarianism and some other important ethical theories according to which they are all versions of the same kind of theory, sharing a common structure. I argue that this is a profitable way to understand the theories discussed. It is charitable to the theories concerned; it emphasizes the common ground between them; it gives us insights into the differences between them; and it provides a method for generating new ethical theories worth studying. The (...) article briefly discusses the relationship between these ideas and some other recent proposals that emphasize the common ground between Kantianism and versions of consequentialism. (shrink)

One recently popular strategy for avoiding the moral error theory is via a ‘companions in guilt’ argument. I focus on those recently popular arguments that take epistemic facts as a companion in guilt for moral facts. I claim that there is an internal tension between the two main premises of these arguments. It is a consequence of this that either the soundness or the dialectical force of the companions in guilt argument is undermined. I defend this claim via (i) analogy (...) with philosophical debates concerning the indispensability of mathematical objects to natural science, and (ii) discussion of the ‘entanglement’ of epistemic concepts and moral concepts in deliberation. I conclude by proposing a positive view of what kind of argument must be used if moral error theories are to be successfully undermined. (shrink)

Is it ever morally wrong to enjoy fantasizing about immoral things? Many video games allow players to commit numerous violent and immoral acts. But, should players worry about the morality of their virtual actions? A common argument is that games offer merely the virtual representation of violence. No one is actually harmed by committing a violent act in a game. So, it cannot be morally wrong to perform such acts. While this is an intuitive argument, it does not resolve the (...) issue. -/- Focusing on why individual players are motivated to entertain immoral and violent fantasies, Video Games, Violence, and the Ethics of Fantasy advances debates about the ethical criticism of art, not only by shining light on the interesting and under-examined case of virtual fantasies, but also by its novel application of a virtue ethical account. Video games are works of fiction that enable players to entertain a fantasy. So, a full understanding of the ethical criticism of video games must focus attention on why individual players are motivated to entertain immoral and violent fantasies. -/- Video Games, Violence, and the Ethics of Fantasy engages with debates and critical discussions of games in both the popular media and recent work in philosophy, psychology, media studies, and game studies. (shrink)

Basing his view on the object relations theories of the "British School" of psychoanalysis, Christopher Bollas examines the human subject's memories of its earliest experiences (during infancy and childhood) of the object, whether it be mother, father, or self. He explains in well-written and non-technical language how the object can affect the child, or "cast in shadow," without the child being able to process this relation through mental representations of language.

In this article Cristoph Wulf examines the basic concepts of pedagogy and educational science in the German-speaking world, looking at education and socialization from the perspective of educational anthropology. He makes evident that the complex German concept of Bildung, in particular, can only be fully understood by means of a historical and philosophical analysis.

Introduction Quine was born in. He studied as a graduate student at Harvard, and apart from short visits to Oxford, Paris and other centres of learning, ...

1. Aim and Scope of this Paper.—In this paper I shall try to show that “duty” derives its significance from its relation to “interest,” and that the former concept cannot be understood when taken apart from its relation to the latter. Such a doctrine is, I am aware, rejected by some contemporary philosophers; and I shall, I trust, make it sufficiently clear in the sequel why I am unable to accept their view.I am not, however, concerned primarily with criticism of (...) other theories. This paper represents an attempt to interpret a particular province of “the common moral consciousness” and to elicit the principles there implied. I begin by accepting the view that, like natural science, ethics has its data, and that it is the business of ethics to interpret these data which are the contents of the “moral consciousness.” In Section A I discuss various methods which may be used for the discovery of the relevant data, and suggest that initial enquiries can most fruitfully be pursued in the field of law and custom. In Section B I undertake an analysis of the principles of the law relating to promise-keeping. As a result of what is there found, it becomes necessary, in Section C, to discuss the nature of rights and their relation to interests, and, in Section D, the nature of duties and their relation to rights. (shrink)

“Nation” and “nationalism” are not easily defined; mainly, perhaps, because these words, as popularly used, do not have precise meanings. A nation may mean: A people living under a common government,—as when we speak of British or French “nationals"; or A people with a common racial inheritance—the Jews; or A people, inhabiting a certain tract of the earth's surface, with generally common sentiments and habits of thinking, though possibly of mixed race, and part of a wider political society—the English, as (...) distinguished from the Scottish, or Irish, nation. (shrink)

Philosophy is very largely concerned with speculation upon problems of a highly abstract character, but some of the questions with which it deals have important practical aspects; and I think that social philosophy occupies—and rightly occupies—a dominant place in contemporary thought. If post-war policies are to render more secure the lives, the liberties and the happiness of mankind, they must be based upon sound principles; and it is with the intention of throwing certain of these principles into bold relief that (...) I have ventured to choose the realm of politics and culture as the subject of these reflections. (shrink)

In this article, the author diagnoses the cause of Rand's problematic position on intellectual property. He argues that Rand treats credit as a very thick concept. Rand sees crediting a person with inventing something as granting that person a right to the money embodied in the invention, its sale, and the profits related to licensing reproduction. The author shows that this thick notion of credit leads Rand to make several questionable claims in her arguments for intellectual property rights.

Eric Mack defends a version of John Locke’s proviso. Mack applies his proviso to original appropriations, uses, and systems of private property. His proviso precludes severely disabling the world-interactive powers of others. Mack specifically warns against using concrete features of the natural world as a baseline for determine whether the proviso has been violated. While his proviso is plausible, I argue that he cannot. eschew employing the receptivity of the natural, unowned world to the extent that he suggests. We cannot (...) determine whether one’s powers are disabled or diminished without knowing how receptive the world would be to those powers had a system of private property not arisen. The upshot of this paper is that the requirements of a well-formulated proviso is an empirical matter. (shrink)

Gordon Barnes accuses Robert Nozick and Eric Mack of neglecting, in two ways, the practical, empirical questions relevant to justice in the real world.1 He thinks these omissions show that the argument behind the Wilt Chamberlain example—which Nozick famously made in his seminal Anarchy, State, and Utopia—fails. As a result, he suggests that libertarians should concede that this argument fails. In this article, we show that Barnes’s key arguments hinge on misunderstandings of, or failures to notice, key aspects of the (...) entitlement theory that undergirds Nozick’s and Mack’s work. Once the theory is properly understood, Barnes’s challenges fail to undermine the Chamberlain example, in particular, and the entitlement theory, in general. (shrink)

Consider the view that coming into existence is bad for us. Can we hold this and yet deny that ceasing to exist would be good for us? I argue that we can. First, many animals have lives such that they would be better off not existing. Second, if persons and babies are distinct things then the same is true of babies. Third, even if persons and babies are not distinct things – rather they are phases that human beings go through (...) – still it is bad for babies that they come into existence. So it was bad for us to come into existence. But most of us now enjoy worthwhile lives. So it would be bad for us, now, to cease to exist. (shrink)

This paper connects two ideas. The first is that some common responses to ethical views are responses to their degrees of pragmatism, where a view’s degree of pragmatism is its sensitivity to ethically relevant changes in the actor’s circumstances. I claim that we feel the pull of opposing pro-pragmatic and antipragmatic intuitions in certain cases. This suggests a project, of searching for an ethical view capable of doing justice to these opposing intuitions in some way. The second central idea is (...) that a theory of pattern-based reasons looks more promising than the obvious alternatives to fulfil this role, amongst Teleological theories at least. Pattern-based reasons are reasons to perform some action because of the goodness or rightness of a larger pattern of action—such as a pattern that a group could perform or that the actor could perform over an extended period—of which the immediate action is a mere part. Existing theories of such reasons share two features that prevent them explaining the intuitions we wish to explain: they consider only one pattern at a time (they are monist), and they treat patterns as eligible only if the agents concerned are willing to realise them (they accept the Willingness Requirement). But we need not accept these doctrines. Moreover, a theory of patternbased reasons without them is able to explain the pro- and anti-pragmatic intuitions in an elegant way, and has other attractive features. (shrink)

One of the most important elements of Hegel’s philosophical anthropology is his moral psychology. In particular, his understanding of the relation between motivations and reason plays a crucial intermediate role in connecting his anthropological meditations on the complete nature of the human being with his political theory of actualized freedom. Whereas recent important work on Hegel’s moral psychology has detected a Kantian distinction between natural desires and the rational perspective, the activity of practical reason actually takes place within motivations themselves (...) on Hegel’s view. The exercise of the free, rational will is best understood in terms of its role in shaping the experience of malleable, indeterminate motivations. Rather than stepping back, the free agent on Hegel’s account delves further into the motivation, acting on it in the dual sense of being guided by and transforming it. This is what it means for Hegel to conceive of agency as self-expression while maintaining the centrality of reason for Free Will. Hegel says that when we go further into the motivations in this way, we should stop speaking of motivation in terms of drives and instead begin speaking of character. (shrink)

The concept of cultural capital has been increasingly used in American sociology to study the impact of cultural reproduction on social reproduction. However, much confusion surrounds this concept. In this essay, we disentangle Bourdieu and Passeron's original work on cultural capital, specifying the theoretical roles cultural capital plays in their model, and the various types of high status signals they are concerned with. We expand on their work by proposing a new definition of cultural capital which focuses on cultural and (...) social exclusion. We note a number of theoretical ambiguities and gaps in the original model, as well as specific methodological problems. In the second section, we shift our attention to the American literature on cultural capital. We discuss its assumptions and compare it with the original work. We also propose a research agenda which focuses on social and cultural selection and decouples cultural capital from the French context in which it was originally conceived to take into consideration the distinctive features of American culture. This agenda consists in 1) assessing the relevance of the concept of legitimate culture in the U.S.; 2) documenting the distinctive American repertoire of high status cultural signals; and 3) analyzing how cultural capital is turned into profits in America. (shrink)

Jennifer Bird-Pollan has recently argued that Nozickians are wrong to oppose the estate tax. Promising to argue from within the Nozickian framework, she presses the fundamental point that the estate tax does not violate anyone’s rights: neither the deceased nor their would-be heirs can claim a right to any holdings subject to the estate tax. This paper shows that Bird-Pollan’s discussion fails on three fronts. First, she frequently misinterprets Nozick, and thus does not defend the estate tax from a Nozickian (...) perspective. Second, even if Bird-Pollan is correct in denying that the deceased and their potential heirs have a right to the holdings in question, it does not follow that the estate tax is licit, because Nozickians can oppose it on other grounds. For example, Nozickians may hold that the enforcement of the estate tax will violate other rights people have. The government’s preemptive claims to holdings subject to estate taxes, along with the force required to enforce those claims, are unjustified. The crucial premise motivating these conclusions is the Nozickian denial that our current state possesses the authority to enforce the estate tax. This is the third front on which Bird-Pollan’s argument fails: she must show that Nozickians ought to believe government has the moral authority to enforce the estate tax, yet she makes no effort to do so. (shrink)

What makes philosophy on the continent of Europe so different and exciting? And why does it have such a reputation for being 'difficult'? Continental philosophy was initiated amid the revolutionary ferment of the 18th century, philosophers such as Kant and Hegel confronting the extremism of the time with theories that challenged the very formation of individual and social consciousness. Covering the great philosophers of the modern and postmodern eras – from Nietzsche, Heidegger, Derrida and Deleuze right to up Agamben and (...) Žižek – and philosophical movements from German idealism to deconstruction and feminism – Christopher Kul-Want and Piero brilliantly elucidate some of the most thrilling and powerful ideas ever to have been discussed. (shrink)

Here, for the first time, Christopher Kul-Want brings together twenty-five texts on art written by twenty philosophers. Covering the Enlightenment to postmodernism, these essays draw on Continental philosophy and aesthetics, the Marxist intellectual tradition, and psychoanalytic theory, and each is accompanied by an overview and interpretation. The volume features Martin Heidegger on Van Gogh's shoes and the meaning of the Greek temple; Georges Bataille on Salvador Dal’'s The Lugubrious Game; Theodor W. Adorno on capitalism and collage; Walter Benjamin and (...) Roland Barthes on the uncanny nature of photography; Sigmund Freud on Leonardo Da Vinci and his interpreters; Jacques Lacan and Julia Kristeva on the paintings of Holbein; Freud's postmodern critic, Gilles Deleuze on the visceral paintings of Francis Bacon; and Giorgio Agamben on the twin traditions of the Duchampian ready-made and Pop Art. Kul-Want elucidates these texts with essays on aesthetics, from Hegel and Nietzsche to Badiou and Rancire, demonstrating how philosophy adopted a new orientation toward aesthetic experience and subjectivity in the wake of Kant's powerful legacy. (shrink)

This chapter examines Karl Jaspers’s influential distinction between understanding and explaining, and its significance in psychiatry. It first outlines one way of interpreting the distinction, on which it is connected to the distinction between singular and general causal claims. It then discusses one reason for thinking that understanding has an essential role to play in psychiatry: Not achieving at least some level of understanding in the context of dealing with psychiatric patients would constitute a particular kind of epistemic failure—a failure (...) to recognize their illness for the particular type of illness it is. Drawing on some ideas recently put forward by Kenneth Kendler and John Campbell, it also illustrates the particular kind of understanding that is crucial in this context. (shrink)

Epistemological differences fuel continuous and frequently divisive debates in the social sciences and the humanities. Sociologists have yet to consider how such differences affect peer evaluation. The empirical literature has studied distributive fairness, but neglected how epistemological differences affect perception of fairness in decision making. The normative literature suggests that evaluators should overcome their epistemological differences by ‘‘translating’’ their preferred standards into general criteria of evaluation. However, little is known about how procedural fairness actually operates. Drawing on eighty-one interviews with (...) panelists serving on five multidisciplinary fellowship competitions in the social sciences and the humanities, we show that Evaluators generally draw on four epistemological styles to make arguments in favor of and against proposals. These are the constructivist, comprehensive, positivist, and utilitarian styles; and Peer reviewers define a fair decision-making process as one in which panelists engage in ‘‘cognitive contextualization,’’ that is, use epistemological styles most appropriate to the field or discipline of the proposal under review. (shrink)