In a note introduced into the second edition of Religion within the Boundaries of Mere Reason (1794), Kant assigns a systematic role to the General Remarks at the end of each Part of his book. He calls those Remarks, “as it were, parerga to religion within the boundaries of pure reason; they do not belong within it yet border on it” (RGV 6:52). As Kant sees them, the parerga are only a “secondary occupation” that consists in removing transcendent obstacles. This (...) paper is skeptical of Kant's view. It proposes an alternative account, according to which the parerga are essential to our moral education, since they force human reason to confront its own limitations and resist the urge to take refuge in spurious religious beliefs. That urge, I argue, is linked to the propensity to evil, and uses religious orthodoxy to undermine moral religion. By clipping our dogmatic wings, the parerga encourage reason to face its own dialectical tendencies and direct its speculative interest to immanent practical use. This redirection counteracts the debilitating effects of the propensity to evil and plays a key role in our moral regeneration. To consider the parerga “derivative,” as Kant himself does, is therefore a grave mistake. (shrink)

: This paper consists of two sections. In section one, I explore Val Plumwood's description of the features of normative dualism, and briefly discuss how these features are manifest in Immanuel Kant's view of nature. In section two, I evaluate the claims of Holly L. Wilson, who argues that Kant is not a normative dualist. Against Wilson, I will argue that Kant maintains normative dualisms between humans/nature, humans/animals, humans/culture, and men/women. As such, Kant's philosophy is antithetical to the aims of (...) ecofeminism, which seeks to expose and dismantle such dualistic thinking. (shrink)

This paper consists of two sections. In section one, I explore Val Plumwood's description of the features of normative dualism, and briefly discuss how these features are manifest in Immanuel Kant's view of nature. In section two, I evaluate the claims of Holly L. Wilson, who argues that Kant is not a normative dualist. Against Wilson, I will argue that Kant maintains normative dualisms between humans/nature, humans/animals, humans I culture, and men/women. As such, Kant's philosophy is antithetical to the aims (...) of ecofeminism, which seeks to expose and dismantle such dualistic thinking. (shrink)

An influential view of sexual morality claims that participant consent is sufficient for the moral permissibility of a sexual act. I argue that the complex and frequently dark nature of sexual desire precludes this, because some sexual desire has a character such that it should not be gratified, even if this were consented to. I illustrate this with a discussion of a famous literary character, the Vicomte de Valmont, and draw on Kant's anthropology to illuminate the nature of such desire, (...) before offering an account of its psychological roots. In the course of the paper I explain why the view of sexual desire endorsed by my main opponents is mistaken, and attack the limited conception of the normative which is a central plank in the argument of a prominent recent defender of the view, Igor Primoratz. (shrink)

Much of the debate concerning political obligation deals with the question of which, if any, moral principles could make obedience to the directives of the government a matter of obligation. What makes political obligation political has not received attention in the literature on the topic. In this article I argue that the lack of systematic reflection on what makes political obligation political is responsible for the failure of a number of influential theories of political obligation. I demonstrate this failure using (...) the consent theory of political obligation as my major example. I conclude my analysis by formulating some positive conditions that a successful principle of political obligation should satisfy. (shrink)

This essay roughly sketches two major conceptions of autonomy in contemporary bioethics that promote the resourcification of human body parts: (1) a narrow conception of autonomy as self-determination; and (2) the conception of autonomy as dissociated from human dignity. In this paper I will argue that, on the one hand, these two conceptions are very different from that found in the modern European tradition of philosophical inquiry, because bioethics has concentrated on an external account of patient’s self-determination and on dissociating (...) dignity from internal human nature. However, on the other hand, they are consistent with more recent European philosophy. In this more recent tradition, human dignity has gradually been dissociated from contextual values, and human subjectivity has been dissociated from objectivity and absolutized as never to be objectified. In the concluding part, I will give a speculative sketch in which Kant’s internal inquiry of maxim of ends, causality and end, and dignity as irreplaceability is recombined with bioethics’ externalized one and used to support an extended human resourcification. (shrink)

The aim of this article is to bring to social theorists’ attention the growing visibility of the notion of dignity within human rights legislation, bioethics and public discourse generally, as well as to evaluate this term’s potential to enhance our capacities to respond to old and new challenges. The article starts with a short presentation of the career of the concept and discussion of the various impasses and conceptual tensions connected with the notion of human dignity. It is followed by (...) an exploration of how the idea of human dignity has become one of the main achievements of modern times. The question of how respect for human dignity has turned out to be the fundamental feature of democratic society is addressed with help from both Waldron’s perspective on human dignity as the ground of human rights and Habermas’s approach that stresses the moral content of human rights. The final part of the article examines the value of the notion of dignity for social theorizing by looking at ways the employment of the concept may contribute to sociological thought and enquiry. (shrink)

In recent years there has been widespread interest in assimilating forgiveness into a rational conception of the moral life. This project usually construes forgiveness as a way of “moving past” evil and resuming the moral narrative it disrupted. But to develop a philosophical sound conception of forgiveness, we must recognize that moral evil is world-shattering and cannot be assimilated into the moral narrative of our lives. It is not an event that happens in one’s world but to one’s world. In (...) this respect it is similar to death as Heidegger has described it. But, contrary to what Heidegger implies, evil is more traumatic than death because, unlike the latter, it shatters moral reasoning and moral narrative. Evil is a monstrosity; it traumatizes historical existence by impossibilizing the future. A philosophical account of forgiveness must therefore be traumatological: recognizing the traumatizing impact that evil has on historicity, it has provide us a heuristic that will help us to imagine the unimaginable possibility of transforming historical horror into good. (shrink)

I contend that there are important moral reasons for individuals, organisations and states to aid others that have gone largely unrecognised in the literature. Most of the acknowledged reasons for acting beneficently in the absence of a promise to do so are either impartial and intrinsic, on the one hand, being grounded in properties internal to and universal among individuals, such as their pleasure or autonomy, or partial and extrinsic, on the other, being grounded in non-universal properties regarding an actual (...) relation to the agent, such as common membership in a family or culture. In contrast, I articulate and defend the existence of two unrecognised reasons for beneficence that can take the form of being impartial and extrinsic. One is that a being’s capacity to be part of a sharing relationship with us can provide some reason to help it, and another is that a sharing relationship qua relationship is an end-in-itself that can provide some reason to help another. I differentiate these considerations from one another and from the more standard reasons for beneficence, provide arguments for thinking that they are central to beneficence, and rebut objections that are likely to be offered by friends of the more standard reasons. (shrink)

I propose a theory of punishment that is unfamiliar in the West, according to which the state normally ought to have offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster improved relationships between offenders, their victims, and the broader society. I begin by indicating how this theory draws on under-appreciated ideas about reconciliation from the Global South, and especially sub-Saharan Africa, and is distinct from the protection and (...) retribution theories that have dominated the Western philosophy of punishment for about 250 years. Then I argue that it neatly avoids objections to them and is prima facie plausible in its own right. I conclude that this reconciliation theory of state punishment should be taken seriously by philosophers of law and policy makers. (shrink)

The dominant conceptions of moral status in the English-speaking literature are either holist or individualist, neither of which accounts well for widespread judgments that: animals and humans both have moral status that is of the same kind but different in degree; even a severely mentally incapacitated human being has a greater moral status than an animal with identical internal properties; and a newborn infant has a greater moral status than a mid-to-late stage foetus. Holists accord no moral status to any (...) of these beings, assigning it only to groups to which they belong, while individualists such as welfarists grant an equal moral status to humans and many animals, and Kantians accord no moral status either to animals or severely mentally incapacitated humans. I argue that an underexplored, modal-relational perspective does a better job of accounting for degrees of moral status. According to modal-relationalism, something has moral status insofar as it capable of having a certain causal or intensional connection with another being. I articulate a novel instance of modal-relationalism grounded in salient sub-Saharan moral views, roughly according to which the greater a being's capacity to be part of a communal relationship with us, the greater its moral status. I then demonstrate that this new, African-based theory entails and plausibly explains the above judgments, among others, in a unified way. (shrink)

This paper responds to the recent situationist critique of practical rationality and decision-making. According to that critique, empirical evidence indicates that our choices are governed by morally irrelevant situational factors and not durable character traits, and rarely result from overt rational deliberation. This critique is taken to indicate that popular moral theories in the Western tradition are descriptively deficient, even if normatively plausible or desirable. But we believe that the situationist findings regarding the sources of, or influences over, our moral (...) agency do not reflect durable features of human nature, and claim that these findings are a byproduct of a deficient approach to moral education. Existing models of moral education, which are “positive” in nature, do a poor job of developing virtuous people. Instead, we argue that a “negative” approach to moral education, traceable to Locke, Smith, and Rousseau, would be more successful. This strategy represents something of a compromise between the strategies adopted by thinkers like Rachana Kamtekar : 458–491 2004), who argues that traditional moral categories escape largely untouched by findings in social psychology, and John Doris :504–530 1998) and Gilbert Harman : 87–94 2003), who argue that findings in psychology prove our traditional moral theories are defective. (shrink)

This year marks the 30th anniversary of the publication of Niklas Luhmann’s (1927–1998) magnum opus Soziale Systeme. Grundriss einer allgemeinen Theorie [14]. On the occasion, this Special Issue of the International Journal for the Semiotics of Law celebrates the contribution of Luhmann’s thinking to our understanding of law, justice, and society.Luhmann’s work is wide open for argument. Some consider it the grand unified theory able to completely grasp social reality. Others see nothing but a substantially void conglomeration of analytical constructs (...) and “behaviouristic” descriptions joined together with “pseudo-empirism” [24, pp. 310, 313] or a hermetic ensemble of “self-mystifying semantics” [7, p. 76] supported by sophisticated strategies of pure self-apology. It might seem that the “giant” [1] theorist of the social has encouraged such impressions with pretensions which were “grandiose” in more than one respect [9, 23]. Indeed, readers who encounter systems theory for the first ti. (shrink)

Jair Bolsonaro, the current President of Brazil, has made himself into one of the most influent advocates of COVID-19 denial. His health policy and his political doctrine are partly based on an implicit moral claim, which is neglected by contemporary political theory. Bolsonarism’s rhetoric raises a moral claim to freedom without responsibility, which relieves its followers from the burdens that emerge from liberal accounts of liberty or from basic goods accepted in a political community. In opposition to liberal or communitarian (...) accounts, Bolsonarism endorses a Hobbesian concept of freedom that describes it as the absence of ‘impediments to motion’. Nonetheless, it differs from Hobbes because it treats this liberty as endowed with moral value and non-negotiable through a social contract. (shrink)

In Homo Sacer, Giorgio Agamben makes the claim that Kant’s moral philosophy is prophetic of legal nihilism and modern totalitarianism. In doing so, he draws an implicit parallel between Kantian ethics of respect and autonomy, and the authoritarian constitutional theory of Carl Schmitt. This paper elucidates and evaluates this claim through an analysis of Agamben’s assertion that the legal condition of modernity is a nihilistic law that is ‘in force without significance’. I argue that the theoretical continuity between totalitarianism and (...) the Moral Law is the problem of the undecidable, which arises when the empty ground of normative judgment comes to light. (shrink)

Kantians may be unable to derive all of benevolence from reverence for rational agency, but the remaining lacuna is not as extensive as Arpaly thinks. For while we should take seriously Kantian worries about separating benevolence from reverence, a considerable part of benevolence can be explained in terms of reverence for rational agency on a plausible intepretation of the latter. Furthermore, Kantians have an irreducible role for benevolence within their ethics, which is different from the role of a self-standing virtue.

[full article, abstract in English; abstract in Lithuanian] During the last few years, it has become usual to turn to some seventeenth century readings of the traditional idea of an original common possession of the earth for philosophical aid to explain and support the rights of persons in situations of extreme need, including refugees. Hugo Grotius’s conception of this idea is one of the most cited ones. In this paper, I hold that a Grotian reading of the idea of an (...) original common possession of the earth is not a fruitful principle if we want to elaborate a solid defence of the rights of the ones in need. I reconstruct and analyse the role this idea has in Grotius’s theory of private property and present objections to it from a Kantian perspective. (shrink)

This article draws on the moral philosophy of Immanuel Kant to explore whether a corporate ‘duty of beneficence’ to non-shareholders is consistent with the orthodox ‘shareholder theory’ of the firm. It examines the ethical framework of Milton Friedman’s argument and asks whether it necessarily rules out the well-being of non-shareholders as a corporate objective. The article examines Kant’s distinction between ‘duties of right’ and ‘duties of virtue’ (the latter including the duty of beneficence) and investigates their consistency with the shareholder (...) theory. The article concludes that it is possible within the ethical framework of shareholder theory for managers to pursue directly the happiness of non-shareholders. Furthermore, shareholders have a duty to hold management to account for the moral consequences of the firm’s activities on non-shareholding stakeholders. (shrink)

Kierkegaard in Fear and Trembling presents a reductio ad absurdum regarding the time-spans subject to moral evaluation. The text's classic dilemma depends on assuming that we only evaluate discrete, contextless instants. The pseudonymous author constantly seeks the single instant or moral “photograph” that indicates Abraham's status. Doing so, however, extracts scripture's moral legislation out from narrative, resulting in theological paralysis and thereby requiring an alternative temporal vocabulary for evaluating Abraham. Fear and Trembling contains an under-explored alternative that sets Abraham within (...) the covenantal narrative's temporality. The paper explores the consequences of shifting from evaluating instants to evaluating narrative durations, showing that while Genesis 22 remains a challenging episode, it also offers a model of imaginative faith, fidelity to promises, and hope in the face of trauma that focusing on moral instants overlooks. (shrink)

In this paper, I defend the view that self-deception is a moral failure. Instead of saying that self-deception is bad because it undermines our moral character or leads to morally deleterious consequences, as has been argued by Butler, Kant, Smith, and others, I argue the distinctive badness of self-deception lies in the tragic relationship that it bears to our own values. On the one hand, self-deception is motivated by what we value. On the other hand, it prevents us from valuing (...) those things properly. I argue that we owe it ourselves to take seriously our own values, by striving to properly value them. This gives us both prudential and moral reasons to avoid self-deception. (shrink)

In this paper, I focus on analyzing the manifestation and significance of respect. I first illustrate the two meanings of jing 敬 and their connection in Confucian classical texts, which is helpful to understand the Confucian phenomenology of respect. The two meanings are seriousness as a mind-state and respect as an intentional feeling. After clarifying this point, I undertake a phenomenological analysis of respect, in order to show that respect helps one to achieve moral pursuit. This analysis takes the Kantian (...) notion of respect as a starting point but further is accomplished by the phenomenology of value and feeling. The respect for duties and affairs, the respect for personhood and dignity, and the respect for the worthy with merit motivate one to take moral actions. For example, respect contributes in taking one’s duties seriously, appreciating human beings’ spiritual values and good tendencies even when they have not been actualized, supporting the worthy to play a role, and emulating the worthy to make a contribution and serve others. In Subsequently, I clarify how respect helps one to achieve religious pursuit in one form of Christianity, in light of Max Scheler’s discussion on humility and reverence. Through revering God one respects others; through serving God and participating in God’s humble spirit one serves others. I elucidate the Confucian classics’ discussions on religious experience, in order to show how respect helps one to achieve religious pursuit in one form of Confucianism, and how it is similar and different from Max Scheler’s clarification. The concrete relation between respect and li 禮 in the Confucian tradition will be treated in another work. (shrink)

This paper specifically deals with the relation between respect and li禮in the Confucian context. Li has both negative and positive sources. On the positive level, ritual propriety enables one to ex...

In the early modern period, contempt emerged as a persistent theme in moral philosophy. Most of the moral philosophers of the period shared two basic commitments in their thinking about contempt. First, they argued that we understand the value of others in the morally appropriate way when we understand them from the perspective of the morally relevant community. And second, they argued that we are naturally inclined to judge others as contemptible, and that we must therefore interrupt that natural movement (...) of sense-bestowal in order to value others in the morally appropriate way. In this paper I examine in detail the arguments of Nicolas Malebranche and Immanuel Kant concerning the wrongness of contempt, emphasizing the ways in which they depend on conceptions of community and of the interruption of moral sense-bestowal. After showing how each of these arguments fails to comprehend the nature and the wrongness of contempt, I argue that we can find the resources for a more adequate account in the work of Jean-Luc Nancy, and specifically in his reflections on ontology and on the meaning of community. (shrink)

This paper examines Spinoza's remarks on women in the Political Treatise in the context of his views in the Ethics about human community and similitude. Although these remarks appear to exclude women from democratic participation on the basis of essential incapacities, I aim to show that Spinoza intended these remarks not as true statements, but as prompts for critical consideration of the place of women in the progressive democratic polity. In common with other scholars, I argue that women, in Spinoza's (...) system, are deprived of freedom and political participation not by their essential natures, but by their social and historical circumstances. I differ from other scholars, however, in basing this conclusion on the different critical functions of the Political Treatise and the Ethics. Following that critical comparison, I consider Spinoza's views on the `natural right' of women and their equal capacity for political participation in terms of his arguments for the compositional similarity of men and women. Finally, I argue that Spinoza offers an explanation for women's actual disempowerment through his account of economic dependence within marriage. (shrink)

In this article the importance of the representational character of politics is illustrated on the basis of the philosophy of Kant. The vanishing of the noumenal in post-modern thinking seems to imply fundamental changes in the sensitive response – aesthetics of the beautiful and the sublime – to politics. In the Kantian paradigm the meaning of our affective response to the violence of (human) nature is ruled by a moral perspective of practical reason. Although the representation of practical reason in (...) the empirical is only possible in an indirect way by means of a schematism of analogy, the corresponding – subjectively teleological – aesthetic feelings both of harmony in the beautiful and of resistance in the sublime do symbolize in a reflective judgement the morally determined character and the objectively conceived teleology of nature in the system of rights of a single state as well as of the cosmopolitan world order. (shrink)

In this paper, I argue for the existence of pathologies of juridicism. I attempt to show that the Western regime of right tends to colonize our intersubjective relations, resulting in the formation of affective and habitual dispositions that actually hinder participation in social life. Speaking of pathologies of juridicism is to claim that the legal form fundamentally contaminates the way in which we relate to ourselves, to others, and to the world, resulting in an ethically deformed, distorted or deficient form (...) of subjectivity. To support my thesis I consult a philosopher, whose work still provides a powerful analysis and critique of juridicism, namely, Hegel. Hegel provides an historic and a systematic theory of the pathologies of juridicism. His historical theory locates the origin of the abstract subjectivity of right in Roman antiquity. His systematic theory understands the negative effects of an absolutization of the legal domain as a persistent threat to social integration and an individual’s pursuit of the good life. I clarify these argumentative dimensions in two steps, beginning with Hegel’s historical analysis of right in his Lectures on the Philosophy of History. I then reconstruct Hegel’s critique of the subjectivity of right in the short chapter on the ‘Condition of Right’ in his Phenomenology of Spirit. In conclusion, I argue that, although Hegel’s diagnosis is correct, his prescribed therapy must fail: instead of radically altering abstract right in terms of content and form, it only recommends its complementation through other ethical spheres. (shrink)

A frequent caveat in online dating profiles – “No fats, femmes, or Asians” – caused an LGBT activist to complain about the bias against Asians in the American gay community, which he called “racial looksism”. In response, he was asked that, if he himself would not date a fat person, why he should find others not dating Asians so upsetting. This response embodies a popular attitude that personal preferences or tastes are simply personal matters – they are not subject to (...) moral evaluation. In this paper, I argue, against this popular attitude, that a personal preference like racial looksism is indeed wrong. A preference like racial looksism is wrong because it is an overgeneralization that disrespects individuality by treating people as exchangeable tokens of one type, and such disrespect denies its objects appreciation that their dignity entitles them to. As it turns out, there is on my account a relevant moral difference between racial looksism and simple looksism. (shrink)

The aim of this article is to argue that the principle of “publicity” constitutes a fundamental idea in Kant’s political thought. Publicity provides a central insight that binds together various strands of Kant’s political writings (on issues as diverse as the question of Enlightenment, the right of revolution, historical teleology, reflective judgment, cosmopolitan citizenship, democratic peace, and republican government), and moreover, it offers a much-needed cornerstone for a systematic exposition of his nonexistent political philosophy. Apart from some eminent examples, publicity (...) has been a rather neglected topic in the ever-expanding literature on Kant’s political ideas. Revisiting this notion will make us more attentive to his evocation of the “spirit of republicanism” over and above the letter of the law, and might prompt us to reconsider Kant’s reputation as a classical representative of liberal political thought. Indeed, it should inspire us to situate Kant’s appeal for the “public use of reason” in the vicinity of the republican ideal of political liberty. (shrink)

In the course of presenting a compelling and comprehensive framework for immigration justice, Brock addresses discriminatory immigration policies, focusing on recent attempts by the Trump administration to exclude Muslims from the U.S.. This essay critically assesses Brock’s treatment of the issue, and in particular the question of what made the Muslim ban and similar policies unjust. Through examining these issues, further questions regarding the immigration justice framework on offer arise.

In recent years, scholars of Confucian ethics have debated on important issues such as whether Confucian ethics embraces, or should embrace, universal values and impartiality. Some have argued that Confucian ethics integrates both care and justice, and that Confucian ethics is both particularistic and universalistic. In this essay, I will defend a view of the relation between care and justice and the relation between care ethics and justice ethics on the basis of the notion of 'configuration of values,' and show (...) why care ethics and justice ethics cannot be integrated. I will support this view by a reading of some pertinent passages in the Mencius. (shrink)

Philosophers today are inclined to propose virtues are either something subjective or something universal. However, Confucius and Aristotle, who made the most profound investigations into virtues, did not develop such theses. The deep-seated reason lies in their belief that there is always a possibility for a human being to become a man of practice, which cancels the need of proposing subjectivity thesis. The reason for their not raising the universality thesis of virtues is that they do not think that virtues (...) are directly universal to all contemporarily existing minds. Rather, in their view, virtues involve a possible universality that may present in a virtuous mind. We can summarize Aristotle’s view into the concept of possible universality of virtue understood in terms of the perfect state of mind, since he explains the perfect state of mind in terms of perfect state of activity, and makes his investigations with an eye to the interactions between people with similar states of virtues. The view of Confucius can be summarized into the concept of possible universality of virtue understood in terms of the history of mind, since his investigations are made from the point of view of the states of mind reached through virtuous practices, i.e., a historical process of human life in which one’s pre-dispositions and feelings gradually reach some state of natural harmony and gains continual enrichment, and with an eye to the interactions between virtuous people and common people. From that similarly expressed view we can reasonably infer that virtues do possess the character called by today’s philosophers as universality, but it is a possible universality whose possibility is based on practice and on the development of virtuous minds. (shrink)

The question, what measures to address the shortage of transplantable organs are ethically permissible? requires careful attention because, apart from its impact on medical practice, the stance we espouse here reflects our interpretations of human freedom and mortality. To raise the number of available organs, on utilitarian grounds, bioethicists and medical professionals increasingly support mandatory procurement. This view is at odds with the Catechism of the Catholic Church, according to which ‘[o]rgan donation after death is a noble and meritorious act’ (...) but ethically impermissible absent consent. Those who concur with this position, but would oppose conscription on independent philosophical grounds, have not yet found a voice in the Western tradition comparable in strength to the utilitarian basis of the policy’s support, for Kantian and Aristotelian ethics, too, lend themselves to a requirement that we make our organs available to others when they can no longer serve ourselves. One finds an ethical wedge against conscription in an unexpected philosophical locale: the ‘fundamental ontology’ of Heidegger’s Being and Time, where pertinent individual choices arc protectively over what happens post mortem. Heidegger’s perspective on this issue thus meshes, not with other philosophical voices, but with Catholic doctrine—a surprising convergence of atheistic and theistic approaches to our flourishing whose ground I address in the article’s conclusion. (shrink)

The article provides an insight into the interrelation between the worldview and personal meaningful orientations in the context of the modern digital era. The purpose of the article is to investigate the process of generating personal ontology with due regard to personal meaning-making, which involves considering three groups of issues. Firstly, attention is focused on understanding the complexity of the modern epoch against the background of the technological revolution and the effects of virtual imitation of reality, which may determine the (...) worldview. Secondly, an effective insight into life-meaning orientations involves reviewing methodological approaches. Thirdly, the article considers the basic paradigms of life choices including the pragmatic option for self-determination, retrospective reflection based on historical-philosophical inquiry, the paradigm of genetic determination of human behavior and decision-making, and an opposing existential paradigm, which identifies proper life orientations. The study refers to enactivism as a methodological tool, according to which, changes in external circumstances generated by the subject may effect the structure of semantic regulations. The authors come up with an innovative approach to investigating the ways in which the meanings of personal ontology are shaped in the context of complexity and virtualization of the modern world. The idea of the ambivalence of life-purpose relfection is justified. The authors come to a conclusion that structuring personal ontology depends on processing the main tendencies of the epoch in the domain of personal reflection, which is based on one’s inner world and connected with goal-setting and shaping one’s life-project. (shrink)

Managers of multinational companies often favour an aggressive tax avoidance strategy that pushes the legal limits onto the advantage of shareholders and the disadvantage of the spirit of democratically legitimized tax laws. The public and media debate whether such aggressive behaviour is immoral. Aggressive tax avoidance is a subset of the aggressive legal interpretations potentially observable in all fields which places little weight on the will of a democratically legitimized legislation. A thorough ethical analysis based on the deontological approach of (...) Kant demonstrates that aggressive tax avoidance as a special case of operating on the edge of legal boundaries is potentially immoral. Applying the Kantian “contradiction of conception or will” test shows that this maxim might not be conceived or willed as a general law of nature. If all natural or legal persons aggressively interpret laws on all subjects and in every imaginable situation, then central principles of the system of law we all rely upon would be severely compromised. Therefore, aggressive tax avoidance by managers of multinational companies may violate the managers’ moral duty to obey not only the letter but also the intention or spirit of the law. The validity of the argumentation depends critically on the formulation and interpretation of the respective maxims and on assumptions about the legal system. Preserving central elements of Kantian philosophy, the article demonstrates the complexity of a philosophical argumentation which tries to justify the moral intuitions that underpin the common negative evaluation of aggressive legal strategies in business. (shrink)

This essay offers an exegesis and critique of the moment of community formation in Agamben’s Homo Sacer Project. In The Sacrament of Language, Agamben searches for the site of a non-sovereign community founded upon the oath [horkos, sacramentum]: an ancient institution of language that produces and guarantees the connection between speech and the order of things by calling the god as a witness to the speaker’s fidelity. I argue that Agamben’s account ultimately falls short of subverting sovereignty, however, because the (...) sacramentum derives its power, at a fundamental level, from the ‘monothetic’ structure of truth—what Agamben calls ‘the name of God’ [il nome di Dio]. I propose we may yet salvage the oath as a means of subverting sovereignty, however, if we reconsider it in the context of polytheism, where the names of the gods [i nomi degli dei] can be many, while remaining powerful. First, through a reading of Aeschylus’ Eumenides, I argue that the Greeks understood the oath to function even where truth and falsity were inherently undecidable. Second, I argue that if we separate the truth and power functions interwoven in the sacramentum, we find a second formula, the decisory oath, which can be taken in order to produce a community even in the absence of one sovereign truth. As a kind of magical speech, the decisory oath provides the limit conditions for the possibility of distinguishing true from false in the sacramentum, and thus founds it. (shrink)

There are individuals, including children, dying needlessly in poverty-stricken third world countries. Many of these deaths could be prevented if pharmaceutical companies provided the drugs needed to save their lives. Some believe that because pharmaceutical companies have the power to save lives, and because they can do so with little effort, they have a special obligation. I argue that there is no distinction, with respect to obligations and responsibilities, between pharmaceutical companies and other types of companies. As a result, to (...) hold pharmaceutical companies especially responsible for saving lives in third world countries is unjustified. (shrink)

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as such in virtue (...) of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’. (shrink)

Benatar argues that the absence of cosmic meaning is part of the reason why our lives are so bad that we had better not procreate. The goal of this paper is to argue against this claim from a Kantian point of view. For this goal, I argue first that the fact that human life is a product of blind evolution is not a reason for justifying that our lives are overall bad, mainly on the grounds that the concepts of good (...) and bad make sense only within the logical space of reasons. I also argue that the fact that we can hardly make a significant difference to the universe is not a reason for justifying that our lives are overall bad, either, mainly on the grounds that whether one's life is good or bad can be evaluated primarily in terms of whether one's permissible ends are achieved to a satisfactory extent, and so one's good life does not depend on making a significant difference to the universe. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

Various moral theories are essentially welfare-involving in that they appeal to the promotion or the respect of well-being in accounting for the moral rightness of at least some acts. Further, various theories of well-being are essentially morality-involving in that they construe well-being in a way that essentially involves morality in some form or other. It seems that, for any moral theory that is essentially welfare-involving and that relies on a theory of well-being that is essentially morality-involving, a circularity problem may (...) well arise, one where moral rightness will end up being accounted for partly in terms of well-being, which itself is already being accounted for partly in terms of moral rightness. In this paper I will elaborate on this last point. Then I will examine five responses to the circularity problem at issue, and I will argue that one of them appears to be at least slightly better than all of the others. (shrink)

For the last 50 years the idea of consumer rights has formed an essential element in the formulation of policy to guide the workings of the marketplace. The extent and coverage of these rights has evolved and changed over time, yet there has been no comprehensive analysis as to the purpose and scope of consumer rights. In moral and ethical philosophy, rights are integrally linked to the notion of justice. By reassessing consumer rights through a justice-based framework, a number of (...) key issues emerge regarding the way in which markets enable justice for consumers. The consumer rights which underpin the United Nations consumer protection guidelines address all forms of justice to some degree, but the predominant focus is on procedural justice. Our conclusions question whether this is sufficient and also whether there is a case to develop the notion of consumer ‘duties’ that complement the idea of rights. (shrink)

This essay examines the citizen's apparent agelessness that is foundational to liberal democratic theories. By engaging the notion of citizenship rights, Lanoix challenges this assumed perpetual adulthood and argues for a new way of conceptualizing the citizen. The broader notion of citizen as cohabitant allows for the changing relationship a citizen will have with her citizenship rights and accommodates individuals who are not self-governing but who, nonetheless, share a democratic space.