Noncompete agreements are among the most commonly used methods to restrict employment. Upwards of 38% of American workers, many of which are low-wage workers, have signed noncompete agreements. These agreements effectively hold those workers hostage to their current employer. This project analyzes the use of noncompete clauses in employment contracts with low-wage workers. We show that noncompetes with low-wage workers are not enforceable in the U.S.; employers nevertheless continue to include noncompete clauses in employment contracts with low-wage workers. We survey (...) states’ attempts to regulate the use of (even unenforceable) noncompetes and argue that current legislation is ineffective at preventing employers from including noncompetes in low-wage worker contracts. We argue that employers’ use of (even unenforceable) noncompete agreements with low-wage workers is wrongfully exploitative of those workers, and we provide suggestions for how states can effectively regulate the use of noncompetes, and thus protect low-wage workers from exploitation, using Virginia’s recently passed noncompete bill as a model. (shrink)

From the contents: Hoelderlins Trennung von Fichte (Sven Juergensen).- Die Deduktion der Philosophie nach Fichte und Friedrich von Hardenberg (Frank Ruehling).- Fruehromantische Subjektkritik (Christian Iber).- Das Verhaeltnis des Selbst zu Gott in Fichtes Wissenschaftslehre (Akira Omine).- Das Wir in der spaeten Wissenschaftslehre (Urs Richli).- Etre et Apparition selon la doctrine de la science de 1812 (Miklos Veto).

“I am only what I make myself to be”, Fichte tells us. In this paper, I outline Fichte’s views on sex, marriage and gender, with two aims. Firstly, to elucidate an aspect of his moral theory which has received little attention, and secondly to argue that Fichte’s distinctive stance on selfhood, freedom, and normativity lead to a revisionary account of gender expression and identity, where people can freely carve out their own identity, irrespective of “nature”. In this (...) paper, I therefore outline Fichte’s own views, highlighting what I see as a tension in the texts between essentialism and antiessentialism about gender, before reconstructing a neo-Fichtean view which foregrounds the anti-essentialist aspect. (shrink)

Fichte-Studien, volume 49 (Leiden: Brill/Rodopi Publishers, 8 April 2021), edited by David W. Wood, 471pp. -/- Presenting new critical perspectives on J.G. Fichte’s Wissenschaftslehre, this volume of articles in English by an international group of scholars addresses the topic of first principles in Fichte’s writings. Especially discussed are the central text of his Jena period, the 1794/95 Grundlage der gesammten Wissenschaftslehre, as well as later versions like the Wissenschaftslehre nova methodo (1796-99) and the presentations of 1804 and (...) 1805. Also included are new studies on the first principles of the particular sub-disciplines of Fichte’s system, such as the doctrines of aesthetics, nature, right, ethics, and history. The volume also contains a number of miscellaneous essays on Fichte research, as well as several book reviews. (shrink)

This collection is the first comprehensive history of Fichte's reception in America, highlighting the existence of a long and strong tradition of Fichtean studies throughout the continent and demonstrating the centrality of Fichtean ideas in contemporary discussions of issues such as feminism, social criticism, and decolonial thought. Read and reinterpreted in the highly diverse circumstances across the American continent, Fichte's ideas are presented in a radically new light, uncovering the Fichtean spirit of self-activity and autonomous thought in an (...) American context. (shrink)

The book presents Fichte’s position on free will as a form of compatibilism that has not yet been explored in the literature. Due to early rationalist convictions, Fichte is as much concerned with reconciling freedom with a logical and a theological determinism as he is with a causal determinism. He sees in Kant’s novel concept of a pure practical reason a new form of rationalism, one consisting of a system of moral rather than natural necessitating grounds. At the (...) same time, he adopts a more radically libertarian stance on free will than Kant. Every member in a sequence of free actions is a “first and absolute member” and could be other than it is given the same antecedent natural events and natural laws. The interest of Fichte as a theorist of freedom lies in how he brings together freedom and predetermination in a way that challenges our assumption about their mutual exclusivity. The book provides an overview of Fichte’s philosophical system – the so-called “Doctrine of Science” – from 1793 to 1800 with the aim of contextualizing his theory of free agency and destiny. In doing so, it sheds light on how consideration of these issues in turn shapes the system. (shrink)

This paper addresses Fichte’s puzzle of self-consciousness. I propose a new reading of “Fichte’s original insight,” inspired by Pareyson’s general reading, which I call here the “Fichtean metaphysical turn in transcendental philosophy.” Against the mainstream view in Fichte’s scholarship, I argue that Fichte’s and Kant’s views do not concur regard- ing the primary reference of the “I”, namely spontaneous agency in thinking, which Fichte calls “Tathandlung”. Yet, their views do, in fact, concur when Fichte (...) claims that this spontaneous agency in thinking is the “essence” or the underlying nature of the self, which Kant denies. Regarding this, I take the side of Fichte. But how is Fichte’s original insight supposed to solve the puzzle of self-consciousness? At that transcendental level, the puzzle does not arise because there is no need for self-identification in the first place. Transcendental self-knowledge results from the sui generis intellectual Selbstanschauung that everyone has of oneself as sheer spontaneous agency in thinking. But at the empirical level, the puzzle does not arise either and for the same reason. Reference to the embodied self dispenses with any self-identification because it is based on the fundamental metaphysical relation everybody has to their own body, namely identity. (shrink)

Allen W. Wood presents the first book-length systematic exposition in English of Fichte's most important ethical work, the System of Ethics. He places this work in the context of Fichte's life and career, of his philosophical system, and in relation to his philosophy of right or justice and politics. Wood discusses Fichte's defense of freedom of the will, his grounding of the moral principle, theory of moral conscience, transcendental deduction of intersubjectivity, and his conception of free rational (...) communication and the rational society. He develops and emphasizes the social and political radicalism of Fichte's moral and political philosophy, and brings out the philosophical interest of Fichte's positions and arguments for present day philosophy. Fichte's Ethical Thought argues that Fichte is a major thinker in the history of ethics, and the most important figure in the history of modern continental philosophy in the past two centuries. (shrink)

Fichte's philosophy represented one of the first coherent attempts to provide a utopian philosophical foundation for preventative police power, one which anticipated in surprising ways the fundamental logical premises of modern dataveillance or "datapower." This article examines Fichte's proposals for a new system of police passports and the logic of control on which it rests, contextualizing it within the transformation of police practices during his lifetime. It concludes with a discussion of Hegel's criticism of the logical incoherence of (...) securitarian policing, and its relevance for our situation today. (shrink)

This is the first book in English on the major works of the German philosopher Johann Gottlieb Fichte. It examines the transcendental theory of self and world from the writings of Fichte's most influential period, and considers in detail recently discovered lectures on the Foundations of Transcendental Philosophy. At the center of that body of work stands Fichte's attempt to integrate the theories of volition and cognition into a unified but complex 'system of freedom'. The focus of (...) this book is the intricate interplay between thinking and willing in the birth of experience out of the spirit of freedom. Combining incomparable erudition, sensitive readings of some of the most difficult of philosophical texts, clarity in exposition and an acute awareness of historical context this book takes its place as the ideal introduction to Fichte's thought. (shrink)

This is the first book in English to elucidate the central issues in the work of Johann Gottlieb Fichte, a figure crucial to the movement of philosophy from Kant to German idealism. The book explains Fichte's notion of subjectivity and how his particular view developed out of Kant's accounts of theoretical and practical reason. Fichte argued that the subject has a self-positing structure which distinguishes it from a thing or an object. Thus, the subject must be understood (...) as an activity rather than a thing and is self-constituting in a way that an object is not. In the final chapter, Professor Neuhouser considers how this doctrine of the self-positing subject enables us to understand the possibility of the self's autonomy, or self-determination. (shrink)

We all know that there are many different kinds of “thing”; and what we mean, when we say something to that effect, is usually that things behave differently from one another, or react differently in different circumstances. Among the things to which these generalizations apply, we normally count both ourselves and other people. It was natural enough, therefore, for the philosophers to develop a theory of human nature as made up of a variety offacultiesandpowers(or “passions”). For this provides a convenient (...) way of classifying and comparing our behaviours and reactions. (shrink)

Dans cet essai l'auteur s'est donné pour tâche de dégager la " leçon de Fichte ". En effet, qu'a voulu dire Fichte, tant dans ses textes les plus philosophiques que dans ses discours et écrits à l'adresse de tous? A suivre Philippe Riviale, Fichte serait le frère savant de Gracchus Babeuf : selon lui, ils partagent le même désir de faire venir la vie en nous, de dénoncer l'imposture de la civilisation marchande et de la propriété, fondées (...) sur le déni du moi, tel qu'il est en son impulsion originaire. Le moi, loin d'être déjà constitué, s'élabore dans l'agir et le pâtir par quoi il se fait place dans le monde à venir, qui ne saurait être sans former un " nous " ensemble. Fichte, tout comme son frère en pensée, ne nous parle pas d'un monde hors de notre atteinte. Il ne pose pas l'esprit en marche, qui mènerait les hommes malheureux à un fabuleux destin. Par avance, il réfute Heidegger qui prétend nous donner à voir qu'il n'est rien d'autre que ce que nous sommes, en tant qu'existants ; que la pensée de la liberté est l'illusion suprême qui nous cache le devenir qui nous attend. A l'inverse, Fichte nous fait découvrir qui nous sommes, qui nous avons vocation à être si seulement nous acceptons de faire taire en nous le désir de servitude, la crainte des puissants, la croyance en un au-delà réparateur. C'est de la destination de l'homme qu'il s'agit. Mais Fichte ne fut compris ni de ses contemporains, ni des nôtres. A défaut d'être compris, il fut comparé à Hegel, à Schelling, renvoyé du côté des illuminés, des prémodernes. Cette tendance ne serait pas grave, s'il n'y avait là matière à recherche sur les complications de celui qui voulut annoncer sans répit, comme Babeuf le fit, qu'il n'y a pas de secret. Il est en nous d'aller là où nous conduit notre impulsion, au lieu de stagner misérablement dans des formes d'existence aliénée. Les hommes ne sont pas condamnés à errer sans avenir, nus, ignorants et traîtres à eux-mêmes. C'est de l'écoute de ce projet - fonder un vivre-ensemble par libre choix - que dépend la chance d'un éveil à l'autonomie et à l'humain. (shrink)

Fichte’s Foundations of the Entire Wissenschaftslehre 1794 is one of the most fundamental books in classical German philosophy. The use of laws of thought to establish foundational principles of transcendental philosophy was groundbreaking in the late eighteenth and early nineteenth century and is still crucial for many areas of theoretical philosophy and logic in general today. Nevertheless, contemporaries have already noted that Fichte’s derivation of foundational principles from the law of identity is problematic, since Fichte lacked the (...) tools to correctly present the formal parts of Foundations. In this paper, however, we argue that Fichte’s approach intuitively offers an important contribution to transcendental philosophy, and especially to philosophy of logic. We first point out the difficulties of Fichte’s logic in the Foundations and improve it in a second part on the basis of a formal system in which both propositional logic and syllogistic are combined. (shrink)

On reading Fichte's Addresses to the German Nation (1806?7), one is struck by the numerous references to religion it contains. The religious aspect of Fichte's writing is interesting in itself as it touches upon wider issues of theology and political thought, but it is also surprising given that Fichte had been labeled an atheist. The purpose of this article is to explore the ?religious? aspect of the Addresses looking specifically at the relationship between Fichte's work and (...) the idea of ?a chosen people.? I argue that though not restricted to Reformed theology or even to the Christian faith, the idea of a chosen people can be found in Fichte's work but that it cannot be understood in a Lutheran nor Calvinistic manner but rather through the teachings of Jacob Arminius and the Remonstrants. (shrink)

The essays in this volume present the first comprehensive account of Fichte’s reception and influence in America, highlighting philosophical issues central to thinkers in the U.S., Argentina, Brazil, and Mexico.

In this paper I provide an interpretation of Hegel’s account of ‘recognition’ (Anerkennung) in the 1802-3 System of Ethical Life as a critique of Fichte’s account of recognition in the 1796-7 Foundations of Natural Right. In the first three sections of the paper I argue that Fichte’s account of recognition in the domain of right is not concerned with recognition as a moral attitude. I then turn, in section four, to a discussion of Hegel’s critique and transformation of (...) Fichte’s conception of recognition. Hegel’s transformation consists, I argue, in the claim that a comprehensive account of recognition in the domain of right must be concerned with recognition as a moral attitude. (shrink)

Investigates the concept of recognition (anerkennen) under which term the German idealists discussed the Other, intersubjectivity, the interhuman.

Essays on one of Fichte's best known and most controversial works. One of J. G. Fichte’s best-known works, Addresses to the German Nation is based on a series of speeches he gave in Berlin when the city was under French occupation. They feature Fichte’s diagnosis of his own era in European history as well as his call for a new sense of German national identity, based upon a common language and culture rather than “blood and soil.” These (...) speeches, often interpreted as key documents in the rise of modern nationalism, also contain Fichte’s most sustained reflections on pedagogical issues, including his ideas for a new egalitarian system of Prussian national education. The contributors’ reconsideration of the speeches deal not only with technical philosophical issues such as the relationship between language and identity, and the tensions between universal and particular motifs in the text, but also with issues of broader concern, including education, nationalism, and the connection between morality and politics. Daniel Breazeale is Professor of Philosophy and Distinguished Professor of Arts and Sciences at the University of Kentucky. Tom Rockmore is Humanities Chair Professor and Professor of Philosophy at Peking University, China. Both have authored, edited, and translated many books. Together, they are the coeditors of Fichte’s Vocation of Man: New Interpretive and Critical Essays, also published by SUNY Press. (shrink)

In this work, Fichte's high school years in Schulpforta are reconstructed for the first time, building on sources never considered before and throwing new light on this first phase of his intellectual biography and on his reception of the work of important figures of the Enlightenment such as Lessing, Herder, Gottsched, Gellert, and Rosseau. – The volume also includes the most important contemporary documents on Schulpforta and Fichte's texts from those years. Among these, the most relevant is his (...) Latin speech concerning the use of rules in poetry and rhetoric. In this volume, Fichte's speech is newly translated and annotated for the first time, to provide the rich historical background. (shrink)

The concept of facticity denotes conditions of experience whose necessity is not logical yet whose contingency is not empirical. Although often associated with Heidegger, Fichte coins ‘facticity’ in his Berlin period to refer to the conclusion of Kant’s metaphysical deduction of the categories, which he argues leaves it a contingent matter that we have the conditions of experience that we do. Such rhapsodic or factical conditions, he argues, must follow necessarily, independent of empirical givenness, from the I through a (...) process of ‘genesis.’ I reconstruct Fichte’s argument by tracing the origin of his neologism, presenting his Jena critique of Kant’s rhapsodic appeal to the forms of judgment, and illustrating the Jena period’s continuity with the Berlin period’s genetic method, while noting a methodological shift whereby Fichte directs his critique against his own doctrine of intellectual intuition in order to eliminate its ‘factical terms.’. (shrink)

This article presents a new interpretation of the notorious "Horen" dispute between Schiller and Fichte by examining the text that was the catalyst for it, Fichte’s "On Spirit and Letter in Philosophy" (1795-1800), from the overlooked perspective of Schiller’s 1793 essay "On Grace and Dignity". It demonstrates that the Horen dispute is based on a theoretical misunderstanding rather than an irreconcilable opposition, arguing that Schiller’s notion of grace as beauty in movement provides the idealism and aesthetics of (...) class='Hi'>Fichte’s Wissenschaftslehre with a powerful conceptual tool that was lacking in Kant’s critical philosophy. (shrink)

This paper addresses the following questions: what is Fichte’s first principle of right, how does he argue for it, and how does it function as the first principle of his substantive political theory? To answer these questions, the paper offers an overview of the main steps of Fichte’s derivation of the principle of right, explains its relationship to Fichte’s account of individual personhood, and then specifies some of the senses in which the resulting principle serves as the (...) foundation of the rest of Fichte’s political and economic theory. I focus on the developmental logic of Fichte’s account of the “summons” and the “relation of right.” This developmental logic, I argue, is both recapitulated and completed within Fichte’s political theory and political economy. (shrink)

There is no question that Fichte's theory of conscience is central to his system of ethics. Yet his descriptions of its role in practical deliberation appear inconsistent, if not contradictory. Many scholars have claimed that for Fichte conscience plays a material role by providing the content of our moral obligations—the Material Function View. Some have denied this, however, claiming that conscience only plays a formal role by testing our moral convictions in any given case—the Formal Function View. My (...) aim in this paper is to offer a new contribution to this debate. I begin by supplying further evidence in support of the view that conscience only plays a formal function in Fichte's ethics. Then I call attention to a deeper problem this view faces, namely, that it invites an infinite regress by making one's conviction a matter of higher-order reflection. The key to overcoming this threat, I argue, lies in Fichte's doctrine of feeling, whereby the criterion of one's conviction lies, not in a cognitive state, but in an affective state. In closing, I discuss the relevance of Fichte's theory for current debates over the nature of moral error and moral deference. (shrink)

Illuminating new essays on Fichte's 1804 Wissenschaftslehre, or The Science of Knowing.

Proceedings of the conference Fichtes Geschlossener Handelsstaat -- èuber Ort und Ortlosigkeit der èOkonomie im transzendentalen System, held in Berlin, 28-30 November, 2014.

Fichte is the first great Post-Kantian Idealist and his debt to Spinozism has been acknowledged by virtually all of his commentators. However, the extent of Spinoza’s influence on Fichte has not been spelled out in much detail. In response to this I propose to do two things. Firstly, I propose to provide a typology of interpretations of Fichte’s Absolute I, as some commentators seem to get entangled in these different interpretations, which can be very confusing to their (...) readership. Secondly, I wish to demonstrate that the Fichtean system is better understood in the light of its Spinozist influences. (shrink)

Owen Ware here develops and defends a novel interpretation of Fichte’s moral philosophy as an ethics of wholeness. While virtually forgotten for most of the twentieth century, Fichte’s System of Ethics is now recognized by scholars as a masterpiece in the history of post-Kantian thought and a key text for understanding the work of later German idealist thinkers. This book provides a careful examination of the intellectual context in which Fichte’s moral philosophy evolved and of the specific (...) arguments he offers in response to Kant and his immediate successors. A distinctive feature of this study is a focus on the foundational concepts of Fichte’s ethics—freedom, morality, feeling, conscience, community—and their connection to his innovative but largely misunderstood theory of drives. By way of conclusion, the book shows that what appears to be two conflicting commitments in Fichte’s ethics—a commitment to the feelings of one's conscience and a commitment to engage in open dialogue with others—are two aspects of his theory of moral perfection. The result is a sharp understanding of Fichte's System of Ethics as offering a compelling resolution to the personal and interpersonal dimensions of moral life. (shrink)

Das "System der Sittenlehre" von 1798 stellt Fichtes Versuch dar, die Kantische Moralphilosophie so zu reformulieren, dass die weithin als problematisch empfundenen Kantischen Dualismen von Freiheit und Natur, von Pflicht und Neigung, in eine einheitliche Konzeption menschlicher Subjektivitat aufgehoben werden. Sie gilt zudem als die reifste und elaborierteste Darstellung des Standpunkts seiner Jenaer Wissenschaftslehre, in der die praktische Vernunft in die Rolle des hochsten Prinzips der Philosophie ruckt. Dieser kooperative Kommentar ermoglicht dem Leser, die Argumentation des Textes Schritt fur Schritt (...) nachzuvollziehen und dadurch zu einem vertieften Verstandnis dieses zentralen Textes des Deutschen Idealismus zu gelangen. (shrink)

One of the most controversial issues to emerge in recent studies of Fichte concerns the status of his normative ethics, i.e., his theory of what makes actions morally good or bad. Scholars are divided over Fichte’s view regarding the ‘final end’ of moral striving, since it appears this end can be either a specific goal permitting maximizing calculations (the consequentialist reading defended by Kosch 2015), or an indeterminate goal permitting only duty-based decisions (the deontological reading defended by Wood (...) 2016). While I think each interpretive position contains an element of truth, my aim in this paper is to defend a third alternative, according to which Fichte’s normative ethics presents us with a unique form of social perfectionism. (shrink)

A precursor to the hard problem of consciousness confronts nihilism. Like physicalism, nihilism collides with the first-personal fact of what perception and action are like. Unless this problem is solved, nature’s inclusion of conscious experience will remain, as Chalmers warns the physicalist, an “unanswered question” and, as Jacobi chides the nihilist, “completely inexplicable". One advantage of Kant’s Copernican turn is to dismiss the question that imposes this hard problem. We need not ask how nature is accompanied by the first-person standpoint (...) because “I think” is an apperceptive form of thinking that must be able to accompany any cognition of nature. Kant’s formal conception of apperception worries Fichte in his Nova Methodo lectures. This conception arguably cannot exhaust the ground of experience, for it does not show why we posit objects “at all". For Fichte, it is our agency that first opens a world of objects, viz., as subjects, means, ends, and obstacles. In what follows, I argue that, for Fichte, the I poses no hard problem because it collides exclusively with nihilistic views like Spinozism, which are refuted by a properly transcendental idealist conception of apperception, according to which the first-person standpoint is the absolute ground of our experience of nature. If transcendental idealism refutes nihilism, nature is no more explicable than that there is something it is like for me to perceive and act. In Section 1, I show why Kantian apperception is necessary for possible experience. In Section 2, I reconstruct Fichte’s argument that a modified conception of apperception refutes guises of nihilism, thereby solving the hard problem of consciousness. In Section 3, I suggest that transcendental idealism undermines Chalmers’ proposed solution to and Dennett’s dismissal of this problem. (shrink)

Fichte’s early review of C. A. L. Creuzer’s neglected and idiosyncratic skeptical book on free will posed a serious challenge to what at the time was emerging as a consensus Kantian position on the role of free choice in the generation of imputable action. Fichte’s review was directed as much against Reinhold’s important letter on freedom of the will as it was against Creuzer himself. In the course of his brief review, Fichte suggests an important recasting of (...) the strategy of the Kantian postulates of rational faith; he poses a dilemma for the Reinholdian understanding of the relationship among an autonomous practical will, a free power of choice, and the actions of natural human organisms; and he hints at a radical reappropriation of the rationalist doctrine of pre-established harmony in re-orienting the search for a defensible reconstruction of a broadly Kantian position on the problem of free will. (shrink)