Theoreticians of names are currently split into two camps: Fregean and Millian. Fregean theorists hold that names have referent-determining senses that account for such facts as the change of content with the substitution of co-referential names and the meaningfulness of names without bearers. Their enduring problem has been to state these senses. Millian theorists deny that names have senses and take courage from Kripke's arguments that names are rigid designators. If names had senses, it seems that their referents should vary (...) among possible worlds. However, the Millians have the enduring problem of explaining the apparent cognitive content of names. I argue that Mill's original theory, when purged of confusion, provides word-reflexive senses for names. Frege failed to notice senses of this particular sort. Moreover, it is these senses that account for names' rigid designation. When the views of Mill and Frege are understood as complementary, the problems that have faced the divided theorists of names vanish. (shrink)

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: (...) Legal Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, (...) class='Hi'>Justice and the State uaR. Kevelson: Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

This edited collection focuses on the problem of social justice, or, more particularly, how the demand for social justice was articulated and implemented in ...

Hegel's often-echoed verdict on the apolitical character of philosophy in the Hellenistic age is challenged in this collection of new essays, originally presented at the sixth meeting of the Symposium Hellenisticum. An international team of leading scholars reveals a vigorous intellectual scene of great diversity: analyses of political leadership and the Roman constitution in Aristotelian terms; Cynic repudiation of the polis - but accommodation with its rulers; Stoic and Epicurean theories of justice as the foundation of society; Cicero's moral (...) critique of the traditional political pursuit of glory. The volume as a whole offers a fresh and comprehensive guide to the main currents of social and political philosophy in a period of increasing interest to classicists, philosophers and cultural and intellectual historians. (shrink)

In 1994, Congress established more than sixty new capital crimes with wide public support. Davis argues that, if the U.S. is ever to join the majority of the world in abolishing capital punishment, opponents of the death penalty must make a stronger philosophical case against it. He systematically dissects the arguments in favor of capital punishment and demonstrates why they are philosophically superior to opposing arguments. By connecting the death penalty to a general theory of punishment in which penalties are (...) retributive in proportion to the crime, Davis shows why we must reconceive the entire criminal justice system and address violent crime more successfully before the death penalty can be successfully opposed. (shrink)

I will take David Hall and Roger Ames’s idea of “field and focus”—each unique individual is a unique focus in the communal field—as a central theme of the East Asian way of dealing with the relationship between the community and its constituent members. The pairing of these two concepts suggests the essential mutuality of the communal involvement of every person and the “insistent particularity” of each person. The worth of each individual becomes manifest only if the “egocentered” self yields to (...) the “selfless” self. An East Asian sense of justice thereby acquires the sense of attention to each unique focus (particular individual) in the field (community). Liberty and human rights are thus ineluctably bound up with a sense of communal responsibility. (shrink)

In past work, Habermas has claimed that justice and solidarity stand in a complementary relationship—that ‘ethical’ relations of solidarity are the ‘reverse side’ of justice. Yet in a recent address to the World Congress of Philosophy, he rejects this idea. This paper argues against this rejection. After explaining the idea, arguing for its centrality to Habermas' thought, and evaluating Habermas' scant reflections on this major transformation, I argue that his rejection of the idea is a result of a (...) newfound skepticism about the power of secular reason, and should thus be understood in terms of his corresponding turn to religious traditions as alternative sources of solidarity. I argue against this ‘religious turn’ by developing an alternative advocated by Habermas himself in earlier reflections—attention to real sociopolitical movements. In particular, I analyze feminist and black liberation movements to demonstrate that Habermas' pessimism about secular sources of justice-producing solidarity is unwarranted, and that, while ‘postsecular’ sources may provide one avenue for actionable solidarity, they are not the only one. I conclude by identifying a conceptual commonality in these two alternatives: an inclusive conception of what it means to be human. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is, those things any rational person would desire, such as opportunities, liberties, rights, wealth, and the bases of self-respect. Rawls' method of adopting the "original position" is supposed to yield a "fair" way of distributing such goods. A just society would also have the need (unmet in the above work) to ascertain how the victims of injustice ought to (...) be compensated, since history strongly suggests that social contracts are likely to be violated. This paper sets forth the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in (...) vitro fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, since (...) history suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

Hegel's often-echoed verdict on the apolitical character of philosophy in the Hellenistic age is challenged in this collection of essays, originally presented at the sixth meeting of the Symposium Hellenisticum. An international team of leading scholars reveals a vigorous intellectual scene of great diversity: analyses of political leadership and the Roman constitution in Aristotelian terms; Cynic repudiation of the polis - but accommodation with its rulers; Stoic and Epicurean theories of justice as the foundation of society; Cicero's moral critique (...) of the traditional political pursuit of glory. The volume as a whole offers a comprehensive guide to the main currents of social and political philosophy in a period of increasing interest to classicists, philosophers and cultural and intellectual historians. (shrink)

The Belmont Report was written by a US Commission charged by the US Congress to advise on research supported by the US government. Its focus was understandably domestic. In the 40 years since its publication, clinical research has become increasingly international. Many clinical trials have sites in multiple countries, and many of the host countries are relatively impoverished. Such research raises some distinctive ethical issues. This paper outlines some of the key ethical challenges that have been raised by clinical research (...) conducted in low- and middle-income countries (LMICs) and sponsored by high-income country (HIC) institutions. It then considers whether the Belmont Report has the resources to address these problems and argues that it does not. The article closes by noting some parallels between this international research and domestic US research, which suggest that the US might benefit from the discussions abroad. (shrink)

This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie (...) G. Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government-one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law , addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS. (shrink)

In order to compare the distributive principle between Marx and Rawls on justice, we have to definite the concept of distributive justice, injustice and beyond justice. By Marx the theoretical concept of distributive justice is something like distribution according to contribution, that is what you earn correspondence to what you have done, principally it is also could be accepted by Rawls, but as soon as we actualities this principle from theory to reality, it is distorted, on (...) the sense of Marx, by the actual capitalism social structure. Related to the principle of justice I regard the principle of beyond justice as distribution regardless what youhave done, under the situation of capitalism, it means to adjust distribution by the way of taxation and etc, which is defended by Rawls with justice as fairness, under the situation of supposed communism, it means distribution according to one’s needs. The principle of distributive injustice could be understood as economic exploitation with Marx’ labor theory of value, but it first comes from Hegel’s theory of labor alienation. With this understanding of the principle of distributive justice, injustice and beyond justice, we try to analysis distributive principle from theory to reality between Karl Marx and John Rawls. (shrink)

INTRODUCTION In any society relatively few disputes are brought to judges for resolution. Most are handled informally or forgotten. Fewer still are cases that go to trial. Most are settled. Compromises are reached even in cases where issues are hotly contested and where millions or billions of dollars in damages are claimed. Recently, for example, one of the most controversial lawsuits of our time, the Agent Orange case, was settled. In that case, veterans of the Vietnam War, their spouses, and (...) their children alleged that a defoliant — Agent Orange – used in Southeast Asia contained dioxin and was responsible for deaths, debilities, miscarriages, and birth defects suffered by members of the plaintiff class. Class members argued that the manufacturers of the defoliant, seven major chemical companies, knew that it was tainted and should be made to compensate them for their injuries, claiming billions of dollars in damages. The case received national exposure and became a rallying point for veterans, a means they hoped to use to publicize their plight and to spur Congress to come to their aid. On the eve of trial, the case was settled. The defendants, who denied liability throughout the pretrial period, agreed to pay the veterans $180 million. In turn, the plaintiff class agreed to drop the suit. Thus ended a controversy which not only presented novel legal issues and tested the ability of the federal courts to handle complex lawsuits, but concerned the well-being of a large number of veterans, their spouses, and their handicapped children as well. (shrink)

I will take David Hall and Roger Ames’s idea of “field and focus”—each unique individual is a unique focus in the communal field—as a central theme of the East Asian way of dealing with the relationship between the community and its constituent members. The pairing of these two concepts suggests the essential mutuality of the communal involvement of every person and the “insistent particularity” of each person. The worth of each individual becomes manifest only if the “egocentered” self yields to (...) the “selfless” self. An East Asian sense of justice thereby acquires the sense of attention to each unique focus (particular individual) in the field (community). Liberty and human rights are thus ineluctably bound up with a sense of communal responsibility. (shrink)

There are many different ways of dealing with the conditions of justice. In this paper I raise some basic questions about the foundations of justice, including whatare its central requirements and, especially, what it is about justice that underlies or explains its mandatoriness: why it is that justice is regarded as so morally necessary that any violation of it calls for the most severe condemnation and correction.

There are many different ways of dealing with the conditions of justice. In this paper I raise some basic questions about the foundations of justice, including whatare its central requirements and, especially, what it is about justice that underlies or explains its mandatoriness: why it is that justice is regarded as so morally necessary that any violation of it calls for the most severe condemnation and correction.

In order to discover the justice and argue that it is a goodness, Socrates draws an analogy between the justice of a polis and the justice of an individual in the book II of the Republic. According to him, a polis is a large version of an individual. In Book IV, Socrates proves their congruity from two perspectives --- the polis and the soul are the same “tripartite”: Both of them have the same four virtues. He thus (...) explains why the vulgar justice is good, and makes a preliminary definition of the nature of justice as well. In his view, the justice is doing one’s own; therefore like temperance, it runs through all the notes of the scale and brings both the polis and the soul harmony and symphony. Seen in the context of the Republic as a whole, this argument of Socrates’ is obviously not convincing. Readers are reasonable in raising the following questions: First, are a polis and an individual of the same composition? Second, are virtues of the state necessarily virtues of the soul? In other words, must a good man be a good citizen? This paper is to deal with Socrates’ argument from these two aspects. In fact, a polis cannot achieve the same harmony and symphony as an individual, nor can political virtues come to the same level as philosophical ones. Hence, a good citizen is not necessarily a good man. Rather, the justice of polis is more of temperance while the justice of soul is more of wisdom. If it is true that the genuine virtue is knowledge, therefore only philosophers are the most just and happiest in the world, then more thought needs to be given to the view that the vulgar virtuesinevitably mean happiness. (shrink)

The subject of this paper is the new theory of political liberalism, developed by people like jJohn Rawls and Charles Larmore. This is a quite specific subject and it should not be confused with another and more usual meaning attached to the same expression. This more conventional meaning of political liberalism is primarily a form of liberalism which stresses the political sphere - the state - as opposed to the economic sphere - the marketplace. However, the new theory of political (...) liberalism is not in opposition to economic liberalism in this way. Instead, the adjective political refers to the fact that this recent defence of liberalism avoids reliance on comprehensive and controversial religious, metaphysical, epistemological, and moral views. In this sense, political liberalism is a theory of argumentative restraint regarding the defence of liberal justice. (shrink)

The subject of this paper is the new theory of political liberalism, developed by people like jJohn Rawls and Charles Larmore. This is a quite specific subject and it should not be confused with another and more usual meaning attached to the same expression. This more conventional meaning of political liberalism is primarily a form of liberalism which stresses the political sphere - the state - as opposed to the economic sphere - the marketplace. However, the new theory of political (...) liberalism is not in opposition to economic liberalism in this way. Instead, the adjective political refers to the fact that this recent defence of liberalism avoids reliance on comprehensive and controversial religious, metaphysical, epistemological, and moral views. In this sense, political liberalism is a theory of argumentative restraint regarding the defence of liberal justice. (shrink)

Are there independent standards of justice by which we are to measure our activities, or is justice itself to be understood in relativistic terms that vary with locality or historical period? I wish to examine briefly how far two inconsistent positions can both be accepted. I suggest that perhaps our ordinary understanding of reality itself—and in particular political reality—is essentially the outcome of a time of contest, and that there are areas of political reality where matters may be (...) best seen as still being contested. I thus question the need for a single internally consistent point of view, as if it alone were the answer to any particular political problem, and propose that a shared belief that reality is inconsistent may be a viable solution. Using the political scenario of Northern Ireland, I argue that justice requires the deliberate and institutionalised toleration of inconsistent views of the world. (shrink)

This paper explores the relationship between justice and government, examining views on the subject expressed by traditional political philosophers such as Rousseau and Locke, as well as those expressed by contemporary political theorists such as John Rawls and Robert Nozick. According to Rawls, justice is one of the fundamental concerns of a governing body; Locke and Rousseau agree that government and justice are essentially connected. Nozick and Max Weber, however, claim that the essential characteristic of government is (...) not justice, but power. This paper argues that government, as an institution formed and controlled by human beings, is subject to the moral injunction to treat human beings as entities accorded certain rights, and included among these rights is the right to just treatment. Governments are therefore enjoined to be just because human beings, as rational agents, and therefore persons, are owed the minimal respect due a person, such as the right to freedom and the right to forbearance from harm by others to self and property. (shrink)

The IAB’s selection of the Qatar-based Research Center for Islamic Legislation & Ethics (CILE) for hosting the 2024 World Congress of Bioethics does not leave the international bioethics community...

This paper has a two-fold task. First, I show that there are three types of individuals associated with the Thrasymachean view of society: the many, i.e., the ruled or those exploited individuals who are just and obey the laws of the society; the tyrant or ruler who sets down laws in the society in order to exploit the many for personal advantage; the "stronger" individual or member of the society who is detached from the many and aspires to become the (...) tyrant. Second, I argue that if Thrasymachus’s account of the perfectly unjust life of the tyrant is to be more than a theoretical ideal, then the stronger individual who aspires to the tyrant’s position would do well to lead a double life—namely, pursuing private injustice while maintaining the public ‘appearance’ of justice. My interpretation accords with that of Glaucon, noted at the beginning of Republic II. I want to extend Glaucon’s interpretation to include the stronger individual as well. I argue that the standpoint of the stronger individual, as distinct from the standpoints of the tyrant and the many, shows Thrasymachus’s three statements regarding justice to be consistent with one another. (shrink)

Since early the 1980s Feminist philosophers started to put up the value of care on agenda in study of ethics, investigating issues of valuing care as a balance of justice. A book came up as The Ethics of Care: Personal, Political, and Global in 2006, written by Virginia Held (VH). She called her balancing approach as “fairer caring” and caring justice”. These two terms show the essence of VH’s analysis of notions of care and justice: meshing them (...) together as inseparable but emphasizing care as a wider framework into which justice should be fitted. Hence, care should be the priority in a more comprehensive moral theory, the ethics of care (EC). I will interpret VH’s thoughts and arguments of EC as priority and how justice and care integrated for each other and why EC will work out a better wayregarding many ethical issues. Finally, I will compare VH’s EC with Confucian ethical idea of reciprocity as the golden rule of Confucianism, and evaluate the difference between the two and strengths of each. (shrink)

"Justice" has been, since Plato and Aristotle, a concept of central importance in European philosophy. It is also a concept in everyday speech and in political discourse. As an inter-discursive concept, its value is not culturally limited, so that it seems particularly apt for use in discussions about achieving "globalization with a human face" (as one might say). For such processes of communication it is, however, necessary to reflect on the different uses made of this concept, which is claimed (...) by very different, even contrasting political-ethical projects. (shrink)

"Justice" has been, since Plato and Aristotle, a concept of central importance in European philosophy. It is also a concept in everyday speech and in political discourse. As an inter-discursive concept, its value is not culturally limited, so that it seems particularly apt for use in discussions about achieving "globalization with a human face" (as one might say). For such processes of communication it is, however, necessary to reflect on the different uses made of this concept, which is claimed (...) by very different, even contrasting political-ethical projects. (shrink)

This paper argues that the possibility of global justice is premised on the solutions of three-fold interrelated problem: (1) problem of heterogeneity, (2) problem of inequality, (3) problem of realpolitik. The problem of heterogeneity questions the assumed globality equated as universality or commonality underpinning global justice in view of the empirical human diversity and plurality that cannot be assumed away by the desirability of the normativity of global justice. The problem of inequality highlights the ineradicability of global (...) inequality as a pervasive fact of international life. It also criticizes the fairness argument that tries to make do with the ineradicable inequalities as long as they work towards the least advantaged members of global society mainly by rendering such an attempt as futile considering the inapplicability of principles of justice, Rawls's difference principle for example, in the global context; the unwillingness of powerful states to relinquish their hierarchical positions in the global political structure that benefit them; and the difficulty of not knowing what in/equality would mean for the least well-off when the fairness argument is granted. The problem of realpolitik makes the subordination of realpolitik (power and interest) to idealpolitik (justice)unwarranted given that the global realities point to the converse of subordination, especially the realities of the hierarchical structure of global politics and its concomitant unequal power relations. (shrink)

Aleksander Peczenik, Lund Introduction to the Proceedings of the 21st IVR World Congress General Information This volume opens the Proceedings of the 21st ...

From an African point of view, there is no social justice in the world today and, from that point of view, there may not be much difference between the African, African-American, Asian, or even Western perspectives. There may, however, be some difference in the reasons given in support of this perspective or, rather, conclusion. The African perspective is heavily influenced by events such as the trans-Atlantic slave trade, colonialism, and, more recently, by the report of South Africa’s Truth and (...) Reconciliation Commission and the bombing of the American Embassies in Kenya and Tanzania. The reason, in part, is that all of these events or reports seem to reinforce the belief, which I take to be contrary to the core principle of social justice, that African lives are either worthless or do not count as much as others. Further, they seem to have the effect of cheating Africans or making fools out of them, which, from a traditional Akan point of view, is a violation of the tenets of social justice. (shrink)

Within the liberal framework, policies designed to rectify inequality generally take two forms: the formal equality option of equal treatment for everyone or the substantive equality option of "special" treatment for those whose difference continues to matter. Martha Minow argues that the framework creates a "dilemma of difference" because each option risks creating or perpetuating further disadvantages for members of oppressed groups. This paper examines the framework and the dilemma by highlighting the relational features of the language of equality and (...) of people who make determinations of equality. Relational insights are used to reexamine feminist work on care ethics, work considered to be hostile to equality analysis and justice theory. By providing a relational critique both of care ethics and of justice theory, I attempt to bring the two closer together by highlighting various connections. Care and justice are not entirely or always in opposition, but they inevitably interact and intertwine in ways that allow new possibilities and ways of being in social relations to emerge. (shrink)

Ce travail a pour objectif d'analyser les reflexions ä propos du droit et de la justice faites par Jacques Derrida et Gianni Vattimo. L'objectif principal est de mettre l'accent sur les traits dominants qui distinguent ces reflexions quand elles touchent aux exigences de la praxis (juridique, ethique, politique), ä laquelle les deux philosophes s'adressent de fagon differente. D'un cöte, il y a la deconstruction deridienne, qui denonce le manque de fondement du droit, sa violence originelle, et au moyen d'une (...) double seance et un double mouvement se deplace en un exercice intellectuel lucide, radical et incessant; de l'autre, l'ontologie faible [debole) et nihiliste du philosophe italien dont la proposition est une hermeneutique qui n'en reste pas ä la phase de la denonciation mais veut "faire justice", de fagon pratique et concrete, en essayant d'affaiblir et de reduire peu ä peu la violence originelle du droit. (shrink)