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Philosophy of Right

Amherst, N.Y.: Dover Publications. Edited by S. W. Dyde (1896)

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  1. Education for Citizenship and ‘Ethical Life’: An Exploration of the Hegelian Concepts of Bildung and Sittlichkeit.Sharon Jessop - 2012 - Journal of Philosophy of Education 46 (2):287-302.
    The significance of German Romantic and Hegelian philosophy for educational practice is not attended to as much as it deserves to be, both as a matter of historical interest and of current importance. In particular, its role in shaping the thought of John Dewey, whose educational philosophy is of seminal importance for discussions on education for citizenship, is of considerable interest, as recent work by Jim Garrison (2006) and James Good (2006; 2007) has shown. This article focuses on the Hegelian (...)
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  • Tzvetan Todorov: thinker and humanist.Henk de Berg & Karine Zbinden (eds.) - 2020 - Rochester, New York: Camden House.
    Originally known for his groundbreaking work in literary studies, the Bulgarian-born French scholar Tzvetan Todorov (1939-2017) was one of the world's foremost cultural theorists. His interventions cover an astounding range of topics, from narratology to ethics, from painting to politics, and from the Enlightenment to current affairs. Written by an international team of experts, this volume - the first-ever comprehensive examination of Todorov as a cultural critic - discusses the crucial elements of his work as well as his place in (...)
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  • Tricks of Transference: Oka Asajirō (1868–1944) on Laissez-faire Capitalism.Gregory Sullivan - 2010 - Science in Context 23 (3):367-391.
    ArgumentContrary to common portrayals of social Darwinism as a transference of laissez-faire values, the widely read evolutionism of Japan's foremost Darwinist of the early twentieth-century, Oka Asajirō (1868–1944), reflects a statist outlook that regards capitalism as the beginning of the nation's degeneration. The evolutionary theory of orthogenesis that Oka employed in his 1910 essay, “The Future of Humankind,” links him to a pre-Darwinian idealist tradition that depicted the state as an organism that develops through life-cycle stages. For Oka, laissez-faire capitalism (...)
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  • 11: Tzvetan Todorov’s Political Philosophy.Henk de Berg - 2020 - In Henk de Berg & Karine Zbinden (eds.), Tzvetan Todorov: thinker and humanist. Rochester, New York: Camden House. pp. 188-235.
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  • Faces in the Clouds: A New Theory of Religion.Stewart Guthrie - 1993 - New York and Oxford: Oup Usa.
    Guthrie contends that religion can best be understood as systematic anthropomorphism - the attribution of human characteristics to nonhuman things and events. Religion, he says, consists of seeing the world as human like. He offers a fascinating array of examples to show how this strategy pervades secular life and how it characterizes religious experience.
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  • Unequal Property and Subjective Personality in Liberal Theories.Ross Zucker - 1993 - Ratio Juris 6 (1):86-117.
    A conception of the person as a subjective being plays a crucial, though frequently overlooked, role in the justification of unequal property in liberal theories. Unger's ascription of individualism to general liberal legal theory can be concretely defended with respect to liberal theories of property. Identifying a common fundamental structure calls in question the conventional view that the liberal legal theories rest on an ensemble of different moral foundations. So important is subjective personality to the moral basis for highly unequal (...)
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  • Preface to Social Theory of Property Rights.Ross Zucker - 1995 - Ratio Juris 8 (2):199-211.
    In the history of liberal theories of property, the predominant model deduces a right to highly unequal amounts of property from a premise that the person is primarily independent and self‐determined. But modem social theory, communitarianism and critical legal theory have generated strong support for an alternative premise of social self‐determination of the person. These theories have not, however, adequately explored the logical implications of social personality for the justifiable degree of equality of income under property right. This study reasons (...)
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  • Infinity, infinite processes and limit concepts: recovering a neglected background of social and critical theory.Piet Strydom - 2017 - Philosophy and Social Criticism 43 (8):793-811.
    This article seeks to recover a neglected chapter in the historical and theoretical background of social theory in general and critical theory in particular with a view to refining the understanding of the presuppositions of a cognitively enhanced critical social science appropriate to our troubled times. For this purpose, it offers a brief reconstruction of the mathematical-philosophical tradition from ancient to modern times by extrapolating that part of it that is marked by the ideas of infinity, infinite processes and limit (...)
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  • Fractured community.Linnell Secomb - 2000 - Hypatia 15 (2):133-150.
    : Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resis-tance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.
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  • Fractured Community.Linnell Secomb - 2000 - Hypatia 15 (2):133-150.
    Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resistance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.
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  • The concept of Aufhebung in the thought of Merold Westphal: appropriation and recontextualization.Justin Sands - 2015 - International Journal of Philosophy and Theology 76 (1):49-68.
    Merold Westphal’s method often consists in recontextualizing, or appropriating, various sources in order to either make his own argument or to make other’s arguments seem self-evident. This method is especially noteworthy in his use of Aufhebung, a term which he initially discovers in his early work on Hegel. Westphal will eventually appropriate this term and, as this article will show, utilize it throughout his other academic works, particularly in his reading of Kierkegaard, for many an ‘anti-dialectical’ thinker. This article further (...)
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  • Conflicted love.Kelly Oliver - 2000 - Hypatia 15 (3):1-18.
    : Our stereotypes of maternity and paternity as manifest in the history of philosophy and psychoanalysis interfere with the ability to imagine loving relationships. The associations of maternity with antisocial nature and paternity with disembodied cul-ture are inadequate to set up primary love relationships. Analyzing the conflicts in these associations, I reformulate the maternal body as social and lawful, and I re-formulate the paternal function as embodied, which enables imagining our primary relationships as loving.
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  • Conflicted Love.Kelly Oliver - 2000 - Hypatia 15 (3):1-18.
    Our stereotypes of maternity and paternity as manifest in the history of philosophy and psychoanalysis interfere with the ability to imagine loving relationships. The associations of maternity with antisocial nature and paternity with disembodied culture are inadequate to set up primary love relationships. Analyzing the conflicts in these associations, I reformulate the maternal body as social and lawful, and I reformulate the paternal function as embodied, which enables imagining our primary relationships as loving.
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  • Virtuous Circularity: Positive Law and Particular Justice.Claudio Michelon - 2014 - Ratio Juris 27 (2):271-287.
    This paper argues that the positive allocative decisions paradigmatically carried out by the application of legal rules are a necessary condition for arguments about particular justice (i.e., distributive and commutative justice) to make sense. If one shifts the focus from the distinction between distributive and commutative justice to what the two aspects of particular justice are for, namely, providing criteria to judge the allocation of goods, it becomes clear that the distinction is conceptually unstable. The paper argues that stabilizing the (...)
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  • Happiness Vs Contentment? A Case for a Sociology of the Good Life.Jordan McKenzie - 2016 - Journal for the Theory of Social Behaviour 46 (3):252-267.
    Despite the enormous growth in happiness research in recent decades, there remains a lack of consistency in the use of the terms happiness, satisfaction, contentment and well-being. In this article I argue for a sociologically grounded distinction between happiness and contentment that defines the former as positive affect and the latter as positive reflection. Contentment is therefore understood as a fulfilling relationship with the self and society and happiness involves pleasurable experiences. There is a history of similar distinctions in philosophy (...)
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  • A european initiative: Irigaray, Marx, and citizenship.Alison Martin - 2004 - Hypatia 19 (3):20-37.
    : This article presents Irigaray as a philosopher committed to sociopolitical change by discussing her political thought and her engagement with the European Parliament. It traces her recent work with the ex-Communist Party in Italy back to her early critique of Marx and her subsequent attraction to Hegel's civil definition of the person. The failure of her European Parliament initiative suggests that her thinking is in advance of its possible realization.
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  • A European Initiative: Irigaray, Marx, and Citizenship.Alison Martin - 2004 - Hypatia 19 (3):20-37.
    This article presents Irigaray as a philosopher committed to sociopolitical change by discussing her political thought and her engagement with the European Parliament. It traces her recent work with the ex-Communist Party in Italy back to her early critique of Marx and her subsequent attraction to Hegel's civil definition of the person. The failure of her European Parliament initiative suggests that her thinking is in advance of its possible realization.
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  • A General Theory for Our Times: On Piketty.Geoff Mann - 2015 - Historical Materialism 23 (1):106-140.
    Thomas Piketty has offered, and many have desperately snatched at,The General Theory of Employment, Interest and Moneyof our epoch. Piketty’s affinity with John Maynard Keynes and his groundbreaking 1936 landmark is largely unreflexive. But the ties that bind him to Keynes are powerful, and manifest themselves at many levels inCapital in the Twenty-First Century. The epistemology, the political stance, the methodological commitments, and the politics resonate in imperfect but remarkable harmony. This is no accident, because the world in which Piketty’s (...)
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  • Seeing and Caring: The Role of Affect in Feminist Moral Epistemology.Margaret Olivia Little - 1995 - Hypatia 10 (3):117 - 137.
    I develop two different epistemic roles for emotion and desire. Caring for moral ends and people plays a pivotal though contingent role in ensuring reliable awareness of morally salient details; possession of various emotions and motives is a necessary condition for autonomous understanding of moral concepts themselves. Those who believe such connections compromise the "objective" status of morality tend to assume rather than argue for the bifurcated conception of reason and affect this essay challenges.
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  • A Moral Evaluation of Online Business Protest Tactics and Implications for Stakeholder Management.Beverly Kracher & Kelly D. Martin - 2009 - Business and Society Review 114 (1):59-83.
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  • Reason, Religion, and Sexual Difference: Resources for a Feminist Philosophy of Religion in Hegel's Phenomenology of Spirit.Kimerer L. Lamothe - 2005 - Hypatia 20 (1):120 - 149.
    Reading Hegel's 1827 Lectures on the Philosophy of Religion alongside his Phenomenology of Spirit, I argue that his vision for becoming a self-conscious subject-or seeing (oneself as) "spirit"-requires taking responsibility for the insight that every act of reason expresses an experience of sexual difference. It entails working to bring into being communities whose conceptions of gender and the absolute realize this idea.
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  • Oakeshott on science as a mode of experience.ron Kaldis - 2009 - Zygon 44 (1):169-196.
    I offer a critical exposition and reconstruction of Michael Oakeshott's views on natural science. The principal aim is to enrich Oakeshott's modal schema by throwing light on it in terms of its internal consistency and by bringing to bear on it recent developments in philosophy in general and the philosophy of science in particular. The discussion brings out the special place reserved for philosophy, the crucial tenet of the separateness of these modes seen as Leibnizian monads as well as the (...)
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  • Oakeshott on Science as a Mode of Experience.Byron Kaldis - 2009 - Zygon 44 (1):169-196.
    Abstract.I offer a critical exposition and reconstruction of Michael Oakeshott's views on natural science. The principal aim is to enrich Oakeshott's modal schema by throwing light on it in terms of its internal consistency and by bringing to bear on it recent developments in philosophy in general and the philosophy of science in particular. The discussion brings out the special place reserved for philosophy, the crucial tenet of the separateness of these modes seen as Leibnizian monads as well as the (...)
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  • Confucian Cosmopolitanism.Philip J. Ivanhoe - 2014 - Journal of Religious Ethics 42 (1):22-44.
    Scholars in the humanities and social sciences are keenly aware of and often deeply engaged with more global or cosmopolitan approaches to their respective fields; nevertheless, theories of cosmopolitanism remain exceedingly controversial and arise exclusively from Western philosophical sources. Recently, Martha Nussbaum presented a contemporary Western liberal cosmopolitan theory and sought to integrate it with a call for multicultural education. In this essay, I describe, analyze, and criticize Nussbaum's conception of cosmopolitanism and argue that it does not sit comfortably with (...)
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  • Criminal culpability: The possibility of a general theory. [REVIEW]Jeremy Horder - 1993 - Law and Philosophy 12 (2):193 - 215.
    In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure (...)
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  • Corporate Law Versus Social Autonomy: Law as Social Hazard.Michael Galanis - 2020 - Law and Critique 32 (1):1-32.
    This article argues that corporate law has become the legal platform upon which is erected a social process impeding society’s capacity to lucidly reflect on its primary ends; in this sense, corporate law is in conflict with social autonomy. This process is described here as a social feedback loop, in the structural centre of which lies the corporation which imposes its own purpose as an irrational social end, i.e. irrespective of its potentially catastrophic social consequences. The article argues that resolving (...)
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  • Tribe, nation, world: Self-identification in the evolving international system.Thomas M. Franck - 1997 - Ethics and International Affairs 11:151–169.
    Appeals to nationalism based on a common sociocultural, geographic, and linguistic heritage are reactions against expansions of trade, information, and power - and anomie and xenophobia can be countered by giving substatal ethnicities, minorities and political parties a voice and a vote.
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  • Kant on the Highest Moral-Physical Good: The Social Aspect of Kant's Moral Philosophy.Paul Formosa - 2010 - Kantian Review 15 (1):1-36.
    Kant identifies the “highest moral-physical good” as that combination of “good living” and “true humanity” which best harmonises in a “good meal in good company”. Why does Kant privilege the dinner party in this way? By examining Kant’s accounts of enlightenment, cosmopolitanism, love and respect, and gratitude and friendship, the answer to this question becomes clear. Kant’s moral ideal is that of an enlightened and just cosmopolitan human being who feels and acts with respect and love for all persons and (...)
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  • The Continuing Use of Problematic Sexual Stereotypes in Judicial Decision-Making.Jesse Elvin - 2010 - Feminist Legal Studies 18 (3):275-297.
    This article examines the continuing use of problematic sexual stereotypes at appellate level in the English and Welsh legal system. Using five cases as illustrations, it argues that, notwithstanding professional training and guidance on sexual equality matters, certain senior judges in this jurisdiction still at least sometimes openly employ crude and problematic sexual stereotypes in their judgments or fail to deal appropriately with the use of these stereotypes by trial judges. The central point is that there is still a significant (...)
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  • In Excess: The Body and the Habit of Sexual Difference.Rosalyn Diprose - 1991 - Hypatia 6 (3):156 - 171.
    Through a re-reading of Antigone, I offer a critique of Hegel's use of the story to illustrate the unity which emerges from the representation of sexual difference in ethical life. Using Hegel's own account of habits, as the mechanism by which the body becomes a sign of the self, I argue that the pretense of social unity assumes the proper construction and representation of one body only. This critique is brought to bear upon contemporary moves towards a post-Hegelian ethics of (...)
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  • The Racialization of White Man's Polygamy.Margaret Denike - 2010 - Hypatia 25 (4):852-874.
    This paper offers a genealogy of anti-polygamy sentiment in North America, elucidating certain racist and nationalist formations that are implicit in the historical valorization and enforcement of heterosexual monogamy. It tracks the white supremacist and heteronormative logic that conditions the widespread disdain toward polygamy, and that renders it fundamentally different from familial configurations that are associated with national identity. Relating political and philosophical doctrines to the archival documentation and insights of contemporary legal and cultural historians of anti-polygamy sentiment, it elucidates (...)
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  • Re-Thinking the Role of the Family in Medical Decision-Making.Mark J. Cherry - 2015 - Journal of Medicine and Philosophy 40 (4):451-472.
    This paper challenges the foundational claim that the human family is no more than a social construction. It advances the position that the family is a central category of experience, being, and knowledge. Throughout, the analysis argues for the centrality of the family for human flourishing and, consequently, for the importance of sustaining family-oriented practices within social policy, such as more family-oriented approaches to consent to medical treatment. Where individually oriented approaches to medical decision-making accent an ethos of isolated personal (...)
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  • Rationality, democracy, and freedom in marxist critiques of Hegel's philosophy of right.David Campbell - 1985 - Inquiry: An Interdisciplinary Journal of Philosophy 28 (1-4):55 – 74.
    The most valuable political theoretical contribution made by Marx's idea of socialism is towards the resolution of the seeming opposition of mass democracy and rational government. Marx follows Hegel's redefinition of political rationalization as the actualization of the nascent self?consciousness of the existing ethical world when he uses socialism as a statement of those tendencies of bourgeois society that will create the perspectives of social awareness that allow mass democracy. This thesis is made against aspects of the interpretation of Marx's (...)
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  • Ethical Life or `The Customary'.Gernot Böhme - 2000 - Thesis Eleven 60 (1):1-10.
    This article deals with the question of what type of ethics may be efficient to cope with actual problems in advanced societies, i.e. environmental problems, social conflicts, the usage of new technologies. The answer given is that it is not morality or ethical decisions that count but the customary (das Übliche). But the customary is a rather precarious resource. This is not only because it may turn out to be the particularistic orientation of social groups, like those of companies, political (...)
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  • Marriage, autonomy, and the feminine protest.Debra B. Bergoffen - 1999 - Hypatia 14 (4):18-35.
    : This paper may be read as a reclamation project. It argues, with Simone de Beauvoir, that patriarchal marriage is both a perversion of the meaning of the couple and an institution in transition. Parting from those who have given up on marriage, I identify marriage as existing at the intersection of the ethical and the political and argue that whether or not one chooses marriage, feminists ought not abandon marriage as an institution.
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  • Marriage, Autonomy, and the Feminine Protest.Debra B. Bergoffen - 1999 - Hypatia 14 (4):18-35.
    This paper may be read as a reclamation project. It argues, with Simone de Beauvoir, that patriarchal marriage is both a perversion of the meaning of the couple and an institution in transition. Parting from those who have given up on marriage, I identify marriage as existing at the intersection of the ethical and the political and argue that whether or not one chooses marriage, feminists ought not abandon marriage as an institution.
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  • The Owl and the Ostrich: Reply to Sami Pihlström on Ethical Unthinkabilities and Philosophical Seriousness.David Benatar - 2011 - Metaphilosophy 42 (5):605-616.
    Sami Pihlström argues in his “Ethical Unthinkabilities and Philosophical Seriousness” that there are some philosophical views that are so dangerous that we should not discuss them. He advances this argument with special reference to my (anti-natalist) view that being brought into existence is always a serious harm. In response I argue: (a) that there are major flaws in his argument for the conclusion that we should not think about (purportedly) unthinkable views; and (b) that my views about the harm of (...)
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  • Institutional Isomorphism Revisited: Convergence and Divergence in Institutional Change.Jens Beckert - 2010 - Sociological Theory 28 (2):150 - 166.
    Under the influence of groundbreaking work by John Meyer and Brian Rowen, as well as Paul DiMaggio and Walter Powell, over the last 30 years research in the new sociological institutionalism has focused on processes of isomorphism. I argue that this is a one-sided focus that leaves out many insights from other institutional and macrosociological approaches and does not do justice to actual social change because it overlooks the role played by divergent institutional development. While the suggestion of divergent trends (...)
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  • Beyond Dehumanization: A Post-Humanist Critique of Intensive Confinement.Lisa Guenther - 2012 - Journal of Critical Animal Studies. Special Issue on Animals and Prisons 10 (2).
    Prisoners involved in the Attica rebellion and in the recent Georgia prison strike have protested their dehumanizing treatment as animals and as slaves. Their critique is crucial for tracing the connections between slavery, abolition, the racialization of crime, and the reinscription of racialized slavery within the US prison system. I argue that, in addition to the dehumanization of prisoners, inmates are further de-animalized when they are held in conditions of intensive confinement such as prolonged solitude or chronic overcrowding. To be (...)
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  • Me, Myself and the Other. Melanesian and Western Ideas on Selfhood and Recognition.Anita Caroline Galuschek - unknown
    In my thesis I argue for a philosophical-anthropological approach which enables investigations in empathy and care by opening up a window on the motivation of recognition. I show how biographies as narratives can help to understand the other within her or his own life-world, even if the life-world is the very part of our personality as a dividually conceived relational self. Therewith, personhood can be conceived in a new concept of personhood that is understood as a category of the human (...)
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