After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)

Abstract Differing interpretations of the political thought of David Hume have tended to emphasize either conservative, gradualist elements similar to Burke or rationalist aspects similar to Hobbes. The concept of indirect utility as used by Hume reconciles these two approaches. Indirect utility is best illustrated by Hume's conception of justice, in contrast to his conception of benevolence, which yields direct benefits. This understanding of Hume's consequentialism also helps underscore certain egalitarian aspects of Hume's thought.

ABSTRACT Terrorism is perhaps the greatest challenge of the contemporary age. Of all the canonical figures in political theory, Thomas Hobbes is the most likely candidate to offer genuine insight into this problem. Yet although his analysis of the state of nature is immediately relevant to the diagnosis of this problem, his metaphysics cannot sustain his politics. His aspiration to “immutable” natural laws grounded in the universal motivation of the fear of death crumble when this fear is no longer universal. (...) When terrorists are inspired by a religious ideology that makes them willing to die for their beliefs—and when they benefit from other asymmetries with the civilian populations against which they are arrayed—Hobbes the theorist of war and international relations becomes less relevant than Hobbes the prescriber of “rational” (fearfully pacific) human nature. (shrink)

After the question “how could Hobbes write the natural law, if it is nowritten law?” I’ll try to approach the relationship between natural and civil law after the instauration of the commonwealth. In this sense, I’ll pay attention to the hobbesian distinction among “written law” and “written register” of law and a few consequences after this distinction. For example, if, how Hobbes says, the correct interpretation of natural law doesn’t depend on philosophers, but only on the authority of commonwealth, would (...) include itself the legitimation of the formulation of the natural laws? The paradox of the first question seems to be important, however, negligenced from hobbesian critical literature. Its intent is to investigate this negligence into better understanding his philosophical postulate, that includes important points like the “silence of law”, the right of self-defense, foro interno and foro externo, State and government. (shrink)

Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...) approach is inadequate in contemporary circumstances. I sketch an alternative approach and suggest how the most promising exemplar of this kind, Habermas’ discourse theory of law and politics, can better deal with the example. Having thus made plausible the advantages of the discourse theory of the alternative approach, I end with an ‘internal’ critique of Habermas’ own recent writings on the global political order. (shrink)

Since the early 20th century, advocates of public relations professionalism have mandated that practitioners serve the public interest making it an ethical standard for evaluating the morality of public relations practice. However, the field has devoted little research to determining just what it means for practitioners to serve the public interest. Most research suggests practice-oriented solutions. This article focuses what practitioners must do to serve the public interest. It reviews theories of the social contract and the public interest to identify (...) an approach to serving the public interest that will help practitioners reconcile moral obligations to themselves, their client organizations, and the public. It concludes that combining superior individual interests with John Dewey's public philosophy will contribute to the moral development and improvement of practitioners and the public. (shrink)

A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to deliver a (...) straightforward solution to the so-called “conditional fallacy.” But it faces some formidable challenges. On the face of it, it seems to be straightforwardly conceptually incoherent. And it seems to deliver a solution to the conditional fallacy at the cost of being vulnerable to what I shall call “the concessional fallacy.” I shall consider how, if at all, these challenges are to be met. I shall then conclude by considering what this might mean for the so-called “ideal/non-ideal theory” issue. (shrink)

This paper calls attention to matsyanyaya, or state of nature theories, in classical Indian thought, and their significance. The focus is on those discussions of matsyanyaya found in the law books, political treatises and the Mahabharata epic. The significance and relevance of matsyanyaya theories are shown through a comparison with early modern state of nature theories and an elaboration on the possible place of rights and dharma in matsyanyaya and the consequences of this for classical Indian political theory.

The main purpose of the paper is to present a new framework of meta-ethics which I call the Functional Model of Analysis. It presupposes that the most important meta-ethical question is not “What is the meaning of normative words, sentences and what is the ontological fabric of the moral world?” but “What should morality and ethics be for?”. It is a form of meta-ethics that focuses on finding theoretical resources that can be helpful in understanding ongoing ethical debates between disciples (...) of Aristotle, Epicurus, the Stoics, Augustine, Hobbes, utilitarians and Kant, and in building normative ethical theories that can help us to answer normative questions. As an example of such output I will present a formal sketch of Hybrid Function Consequentialism – a normative ethical theory based upon the meta-ethical framework proposed here. (shrink)

Contractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. Cohen, who contends that we have (...) other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds. (shrink)

Conventional modern just war theory is fundamentally incoherent. On the one hand, the theory contains a theory of public war wherein ethical responsibility for the justice of war belongs uniquely to political sovereigns while subjects, including soldiers, are obligated to serve in war upon the sovereign’s command. On the other hand, the theory contains a theory of discrimination which presupposes that participants in war, including soldiers, are responsible for the justice of the wars they fight. Moreover, these two components are (...) derived from two inconsistent visions of political justice. The theory of public war, it turns out, is derived from a theory of justice that places the value of political society conceived of as a supra-individual communal entity above the value of the private individual. The theory of discrimination, however, is derived from a theory of justice that places the value of the private individual above that of political society. This inconsistency is revealed by analyzing the theories of Vitoria, Grotius, and Walzer. Appreciating this problem also helps situate the recent revisionist critiques of conventional just war theory. (shrink)

Starting from considering how radical Hobbes' rejection of teleology was, this paper presents a coherent reading of Hobbesian reason, as applied to the justification of political obligation, striking a more perspicuous third way between the ‘orthodox’ and the ‘revisionist’ readings. Both families of interpretations are partial to some elements of Hobbes' thought, therefore incapable of providing a coherent reading of its whole. A precise rendering of Hobbes' deontological reason allows a better hermeneutical understanding of his philosophy as well as a (...) keener appreciation of its relevance for past and present political thought. (shrink)

The notion of extant social contracts (ESC), which was the original contribution that Tom Dunfee provided to contractualist business ethics (CBE) and Integrated Social Contracts Theory (ISCT) more specifically, has commanded less research attention to date than one would expect based on its apparent empirical face validity and its disciplinary spanning potential. This article attempts to revive the ESC concept in both normative and positive research at the intersection of business, management, and ethics and law. After identifying three features that (...) positively distinguish ESC from ISCT, this article argues that the yet unrealized conceptual potential of ESC is most likely to be cashed out when it is applied to the field of private international business regulation and when it is conceptually connected to the legitimizing perspective of institutional theory. (shrink)

El objetivo de este artículo es realizar una revisión del estado de la cuestión sobre el concepto de estado de naturaleza en el pensamiento de Thomas Hobbes. Dicha revisión permite articular una comprensión de la naturaleza humana, puesto que a diferencia del realismo político el estado de naturaleza en Hobbes no tiene un rol meramente hipotético. Precisamente, la idea de naturaleza humana articula una proto-moralidad que permite comprender la transición hacia el estado civil. Las investigaciones Kavka, Gauthier y Hampton han (...) construido una compleja compresión de la naturaleza humana, la cual permite entender cierto sustrato de proto-moralidad en el pensamiento hobbesiano. (shrink)

Thomas Hobbes tells us that he wrote Leviathan to “absolve the divine laws” of the charge that they justify rebellion. This article interprets the argumentative strategy of the second half of Leviathan in light of this intention. Over the course of his three major political works, Hobbes develops a convergent argument to absolve God’s laws. This strategy of judicial rhetoric relies on using multiple independent claims in the hope that one’s audience finds at least one of them persuasive. This was (...) a risky strategy for Hobbes that angered his critics. The strategy also reveals something about what sort of philosopher Hobbes was and how we ought to approach his work. (shrink)

There has been a persistent tendency to identify what is called “the freerider problem” in the production of collective goods with the prisoner's dilemma. However, in this article I want to challenge that identification by presenting an analysis of what are in fact a variety of collective action problems in the production of collective goods. My strategy is not to consult any intuitions about what the free-rider problem is; rather I will be looking at the problematic game-theoretic structures of various (...) situations associated with the production of different types of collective goods, thereby showing what sorts of difficulties a community concerned with their voluntary production would face. I call all of these dilemmas free-rider problems because in all of them certain individuals find it rational to take advantage of others' willingness to contribute to the good in a way that threatens its production. Some readers may feel that the term ‘free-rider problem’ is so identified with the prisoner's dilemma that my extension of the term in this way “jars”; if so, I invite them to coin another word for the larger phenomenon. My aim is not to engage in linguistic analysis but to attempt at least a partial analysis of the complicated structure of collective good production. (shrink)

Hobbes’s interpreters have struggled to find a plausible semantics for evaluative language in his writings. I argue that this search is misguided. Hobbes offers neither an account of the reference of evaluative terms nor a theory of the truth-conditions for evaluative statements. Rather, he sees evaluative language simply as having the non-representational function of prescribing actions and practical attitudes, its superficially representational appearance notwithstanding. I marshal the evidence for this prescriptivist reading of Hobbes on evaluative language and show how it (...) sidesteps various textual and philosophical problems that bedevil the traditional interpretations. (shrink)

Contractualism is one of the most promising ‘centers of gravity’ in business ethics. In this guest editorial we provide a concise roadmap to the field, sketching contractualism’s historic and disciplinary antecedents, the basic argumentative structure of the contract model, and its boundary conditions. We also sketch two main dimensions along which contributions to the contractualist tradition can be positioned. The first dimension entails positive versus normative theorizing – does a given contribution analyze the world as it is or how it (...) ought to be? The second dimension involves four different levels of analysis that are commonly employed in contractualist business ethics: the nano, micro, meso, and macro levels. We then proceed to position the articles comprising this special issue along these two dimensions. (shrink)

This article answers questions about the consistency, coherence, and motivation of Hobbes's account of the right to punish. First, it develops a novel account of authorization that explains how Hobbes could have consistently held both that the subjects do not give the sovereign the right to punish and also that they authorize the sovereign to punish. Second, it shows that, despite appearances, the natural and artificial elements of Hobbes's account form a coherent whole. Finally, it explains why Hobbes thought it (...) was important to establish the sovereign's right to punish apart from the sovereign's power to punish. (shrink)

Lorenzo Sacconi's recent re-statement of his social contract account of business ethics is a major contribution to our understanding of the normative nature of CSR as the expression of a fair multi-party agreement supported by the economic rationality of each participant. However, at one crucial point in his theory, Sacconi introduces the concept of stakeholders' conformist preferences - their disposition to punish the firm if it defects from the agreement, refusing to abide by its own explicit CSR policies and norms. (...) We take issue with him over this concept: we show that the assumption of conformist preferences is a moral premise, and it arguably weakens the normativity of the theory as a whole. As an alternative, we propose an evolutionary game theoretic approach. We draw upon recent applications of evolutionary game theory to moral philosophy , and we use a computer simulation of the trust game. According to this approach, the failure of the logic of reputation, which is the problem conformist preferences were introduced to solve, is overcome through the dynamics of interaction. (shrink)

Machiavelli's 500-year-old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present-day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Other interpretations of human nature are closer to Machiavelli's text, and current (...) relations among states are significantly different. The revised assumptions should make Machiavelli's followers more optimistic about international law and international courts. (shrink)

Hobbes’s state of nature is often analyzed in two-person two-action non-cooperative games. By definition, this literature only focuses on duels. Yet, if we consider general games, i.e., with more than two agents, analyzing Hobbes’s state of nature in terms of duel is not completely satisfactory, since it is a very specific interpretation of the war of all against all. Therefore, we propose a definition of the state of nature for games with an arbitrary number of players. We show that this (...) definition coincides with the strategy profile considered as the state of nature in two-person games. Furthermore, we study what we call rational states of nature. We show that in rational states of nature, the utility level of any agent is equal to his maximin payoff. We also show that rational states of nature always exist in inessential games. Finally, we prove the existence of states of nature in a class of symmetric games. (shrink)

According to a subjectivist theory, normative reasons are grounded in facts about our desires. According to an instrumentalist theory, reasons are grounded also in facts about the relevant means to desired objects. These are distinct theories. The widespread tendency to conflate the normativity of subjective and instrumentalist precepts obscures two facts. First, instrumentalist precepts incorporate a subjective element with an objective one. Second, combining these elements into a single theory of normative reasons requires explaining how and why they are to (...) be combined. I argue that the most plausible justification for combining the two elements—which appeals to a theory of well‐being—exposes the inadequacy of the instrumentalist theory: The grounds required to justify the instrumentalist combination are also grounds for the normativity of prudential precepts and with them practical reasons that may have no internal connection to an agent's conative, motivational states. (shrink)

In this article I introduce the notion of crucial evidence and I use it to shed light on an ongoing scholarly controversy in Hobbes studies, namely whether Hobbes holds a prudential or a deontological theory of contractual obligation. Even though there is important evidence for both readings, I argue that there is crucial evidence for interpreting Hobbes’s account in a deontological fashion.

In this dissertation, I argue for a set of interpretations regarding the relationship between moral obligation and reasons for acting in the theories of Hobbes, Hutcheson, and Hume. Several commentators have noted affinities between these naturalist moral theories and contemporary ethical internalism. I argue that attempts to locate internalist theses in these figures are not entirely successful in any clear way. I follow Stephen Darwall's suggestion that addressing the question “why be moral?” is one of the fundamental problems of modern (...) moral philosophy. Since, as some have argued, there is a tension between accepting internalism and providing an adequate response to the “why be moral” question, I argue that each figure maintains a distinctive response to this question given the sort of internalism, if any, he would accept. In the introduction, I provide the key distinctions that arise from contemporary discussions of ethical internalism, and I motivate my project of looking for insight into the relationship between internalism and amoralism in the British Moralists. Chapters 1 and 2 focus on the moral theory Hobbes who, I argue, would accept a version of constitutive existence internalism because he holds that there is a necessary connection between one's being contractually obligated and one's being in certain rationally motivating states. I then present the fool's objection as an objection to the assumption of a relevant similarity between divine obligation and contractual obligation. I argue that, irrespective of this dissimilarity, the fool has some rational motive to keep his covenants in virtue of the fact that making covenants changes one's decision situation in such a way that it becomes reasonable to treat covenants as if they imposed categorical constraints on behavior. I claim that Hobbes's response to the fool is, at least in part, that the fool fails to understand what moral obligation consists in. In the remainder of the dissertation I turn my attention to two classical sentimentalist moral theories. I examine the theories of Hutcheson and Hume because it is not clear what resources moral sentimentalism has available to it in order to address questions about the reasonableness of moral action. In chapters 3 and 4, I develop an interpretation of Hutcheson who, because he distinguishes between exciting and justifying reasons, is able to say there is some non-derivative sense in which moral actions are reasonable. I argue that he develops a theory whereby moral obligation is to be understood in terms of the non-motivating states of approval of moral spectators, and I do not think, contrary to Darwall, that there is anything puzzling about his doing so. I argue that Hutcheson does not accept a version of motive internalism, but that he shares much in common with internalist views: he claims that there is a very strong, if contingent, connection between our states of approval and our motivational states. I offer an explanation of how Hutcheson could respond to the amoalist, which holds that we ought to be moral because, in part, we all already have the motives for and the interests in doing the sorts of things of which moral spectators approve. In chapters 5 and 6, I turn my attention to Hume who, because he makes no distinction between motivating and justifying reasons, does not seem to have anything to say about the non-derivative reasonableness of moral action. I argue that a textually grounded interpretation of Hume's theory of the passions provides us with more reason to favor an internalist reading over an externalist reading of his moral theory. Much of my argument depends on an interpretation of Hume's claim that it is possible for agents to be moved to act from a sense of duty alone. When we ask what Hume can say to the question “why be moral,” some of the options that Hutcheson pursues are initially open to him. However, I argue that Hume thinks philosophical theorizing must give way to the operations of psychological mechanisms that are causally responsible for inspiring agents to act morally by giving rise in them to particular kinds of affections. I conclude with some general remarks about the problems surrounding Darwall's interpretation of Hume's theory of justice, and use this discussion to lend further support to the claim that the actual theories of Hobbes, Hutcheson, and Hume do not neatly fit into the taxonomies that Darwall seems to think they do. (shrink)

The status of the laws of nature in Hobbes’s Leviathan has been a continual point of disagreement among scholars. Many agree that since Hobbes claims that civil philosophy is a science, the answer lies in an understanding of the nature of Hobbesian science more generally. In this paper, I argue that Hobbes’s view of the construction of geometrical figures sheds light upon the status of the laws of nature. In short, I claim that the laws play the same role as (...) the component parts – what Hobbes calls the “cause” – of geometrical figures. To make this argument, I show that in both geometry and civil philosophy, Hobbes proceeds by a method of synthetic demonstration as follows: 1) offering a thought experiment by privation; 2) providing definitions by explication of “simple conceptions” within the thought experiment; and 3) formulating generative definitions by making use of those definitions by explication. In just the same way that Hobbes says that the geometer should “put together” the parts of a square to learn its cause, I argue that the laws of nature are the cause of peace. (shrink)

Este ensayo aborda el tratamiento que Hobbes da a la complejidad de la causalidad en conjunción con su análisis materialista del modo en que el miedo orienta al sujeto en el tiempo con el fin de defender que para Hobbes el miedo es tanto una respuesta como una negación de la imposibilidad de la auto-soberanía. El ensayo argumenta que los movimientos de la memoria y la anticipación que Hobbes describe como centrales en la pasión del miedo transforman el campo causal (...) del sujeto de tal manera que le da un sentido de posible dominio tanto sobre sí como sobre el mundo que la rodea. Al sugerir que el miedo fomenta la ilusión de autonomía en la agencia de los individuos, Hobbes señala la posibilidad de que el inmenso y temible poder atribuido al soberano no sea simplemente una respuesta a la necesidad de sofocar el desenfreno y el desorden, sino también una condición para el sentido de cada individuo de su propia soberanía. (shrink)

This study aims to present a new interpretation about the controversy in the Hobbesian reception about its affiliation to the natural law or the positive law. According to Norberto Bobbio, these positions are mutually exclusive. In the first place, we will present the textual passages that enable Hobbes to be considered, on the one hand, as a supporter of iusnaturalism in accordance with the paradigmatic readings of Howard Warrender and Norberto Bobbio and, on the other, or of iuspositivism, according to (...) the readings of Simone Goyard- Fabre and Jean Hampton. In the second, we will demonstrate our interpretation that accommodates both points of view, from a historical rescue of the antiphontean antilogy, considering the textual ambivalence as a Hobbesian philosophical character. (shrink)