_Offers a striking new reading of Agamben’s political thought and its implications for political action in the present._.

There were two prevailing sentiments in Europe after the Reformation: One opposing papal authority and one advocating individual freedom. This paper analyzes these two sentiments and finds that the concept of conscience is crucial in understanding them. The issue of conscience is about judging truth and good, and in initiating the Reformation, Martin Luther heavily appealed to his conscience while countering Catholic attacks. With the wide dispersal of the Reformation, Luther’s notion of conscience was well received among his supporters throughout (...) Europe. Descartes later transformed Luther’s conscience into an epistemological being (the cogito ), and argued that its existence was the only valid thing that survived his thorough skepticism — and as such is the foundation of human knowledge. Rousseau continued this line of thinking, which we call subjectivism, and re-employed the term conscience as a replacement for cogito , holding that conscience is the final authority in judging good and bad; that, as the starting point of human existence, it cannot be withheld from any human being; and that it therefore constitutes an inalienable human right. This paper argues that the Enlightenment was a subjectivist movement propelled by this conscience- cogito -conscience conceptualization, and that it sought to enlighten this inalienable conscience. (shrink)

As emerging technologies support new ways in which people relate, ethical discourse is important to help guide designers of new technologies. This article endeavors to do just that by presenting an ethical analysis and design of technology intended to gather and act upon information on behalf of its users. The article elaborates on socio-technological factors that affect the development of technology to support ethical action. Research and practice implications are outlined.

According to the Market Failures Approach to business ethics, beyond-compliance duties can be derived by employing the same rationale and arguments that justify state regulation of economic conduct. Very roughly the idea is that managers have a duty to behave as if they were complying with an ideal regulatory regime ensuring Pareto-optimal market outcomes. Proponents of the approach argue that managers have a professional duty not to undermine the institutional setting that defines their role, namely the competitive market. This answer (...) is inadequate, however, for it is the hierarchical firm, rather than the competitive market, that defines the role of corporate managers and shapes their professional obligations. Thus, if the obligations that the market failures approach generates are to apply to managers, they must do so in an indirect way. I suggest that the obligations the market failures approach generates directly apply to shareholders. Managers, in turn, inherit these obligations as part of their duties as loyal agents. (shrink)

This paper argues that the views of Charles Taylor on justice in income and wealth distribution are fallacious, especially in regard to issues such as private property rights, justice, human rights, and theft. As to this last point, Taylor maintains it is possible, under certain circumstances, to “legitimately steal.” We regard this as a philosophical howler of the first order. We also demur from his contention that equity and equality can be used as synonyms.

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall (...) spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to capitalist economies. There (...) are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

In the following article, we propose an analytical framework for the analysis of Corporate Social Responsibility (CSR) Standards based on the paradigmatic nexus of voice and entitlement. We follow the theory of decentration and present the concept of Transnational Norm-Building Networks (TNNs), which — as we argue — comprise a new nexus of voice and entitlement beyond the nation—state level. Furthermore, we apply the analytical framework to the ISO 26000 initiative and the Global Compact. We conclude the article with remarks (...) on the legitimacy and the effectiveness of norms generated by TNNs. Through this, we aim to contribute a new theoretical foundation to the analysis of CSR standards, which enables us to undertake a more differentiated description of TNN structures which have hitherto been ignored in academic literature. Secondly, we will contribute to the practical debate on ISO 26000 and the Global Compact by proposing new perspectives on the conditions of their legitimacy and effectiveness based on the voice-entitlement nexus. (shrink)

The first part of the article analyses the imaginary of the characteristics and form of society as developed in early modern liberal political philosophy, especially by John Locke and Thomas Paine. It uses different contemporary receptions of the key authors of this tradition, namely the liberal reception of John Keane, which emphasizes the theoretical distinction between civil society and the state, the materialist reception of Ellen Meiksins Wood, which contextualizes political ideas in the political struggles and class interests of the (...) time, and the reception of Foucault, which focuses on the development of biopolitical governmentality. The article finds that the liberal tradition imagined society as a given and self-regulating sphere that does not require interference from the state. A socio-historical presupposition of this imaginary was the economic sovereignty of individuals, and it overlooked the relations of domination and exploitation. In its second part, the article presents Hannah Arendt’s critical concept of society. She did not conceptualize society as a given totality and in a spatial way, but used it as a qualifier of a specific, impoverished mode of being, in particular to analyse the situation and perspective of minorities. (shrink)

In light of recent doctrinal changes, we examine the confused state of U.S. insider trading law, identifying gaps that permit certain market participants to trade on the basis of material nonpublic information, and contrast U.S. insider trading doctrine with the European approach. We then explore the ethical implications of the status quo in the U.S., explaining why the dominant legal justifications for prohibiting classical insider trading and misappropriation—the fiduciary duty and property rights theories—fail to account for the wrongfulness of insider (...) trading by eavesdroppers and certain tippees. We refute common arguments for legalizing insider trading, including arguments that insider trading is a victimless crime and that the practice promotes efficiency. We explain why insider trading constitutes the moral wrong of cheating, grounding our theory in the legitimate expectations of market participants. Having considered Kantian deontology in other work, we find that virtue ethics theory offers a helpful albeit rough framework for assessing the morality of insider trading independent of its legality. We also find that social contract theories, with norms of equality of opportunity and moral desert, provide a compelling ethical basis for retaining, clarifying and broadening current legal prohibitions against insider trading. (shrink)

Turner is optimistic that democracy does indeed "travel," but only if individuals recognize their own responsibilities within the democratic society and exercise their freedoms.

Thomas Pogge has argued that we have strong negative duties to assist the global poor because we harm them through our contribution to the global economic order. I argue that Pogge’s concept of harm is indeterminate. The resources of any group will typically be affected by at least two economic schemes. Pogge suggests that the responsibility for any affected group’s shortfall from a minimum standard ought to be shared between the contributing schemes. I argue that shared responsibility can be interpreted (...) in two different ways. Unfortunately, both interpretations are problematic. Lastly, I suggest a strategy for amending this problem. (shrink)

This paper describes how Locke’s Two Treatises of Government was read in Britain from Josiah Tucker to Peter Laslett. It focuses in particular upon how Locke’s readers responded to his detailed and...

A Professor of Law at Santa Clara University, Kerry Lynn Mackintosh presents us with a rigorously structured book on anticloning legislation. Although written for US readers and thus focusing on US context and legislation, the book is very much relevant internationally, due to the similarities between the various anticloning legislative endeavours and between their underlying premises.The book is divided into three parts. In Part I, Macintosh identifies and discusses the five most common sources of objections to human cloning, and shows (...) what the endorsement of each of these objections presupposes and suggests about cloning and clones: human cloning offends God and nature , reduces humans to the level of manmade objects , produces beings who lack individuality, copies (clones are evil, unoriginal, fraudulent, inferior, zombie-like, constrained, pathetic, disturbed, disgusting, identity thieves, destroyers, a threat …. (shrink)

The aim of this paper is to contribute to the development of a theory of economic freedom. In this endeavor, we build our framework on the Hayekian notion of freedom because it explicitly embodies the obvious link between freedom and the state: freedom is an absence of state coercion except for that which enforces abstract, general rules known beforehand. We derive two propositions from this Hayekian thesis and elaborate on them, leading to a categorization of government actions from the viewpoint (...) of economic freedom in which the criterion against which coercive governmental actions must be evaluated is the rule of law, meaning a government’s reliance on general, abstract rules. As an implication, our framework allows us to argue for the imperative differentiation between “efficiency” and “economic freedom” as two separate criteria against which government actions can and must be evaluated. We also show that our framework may help explain the process through which economic freedom enhances growth. (shrink)

This article looks at some major goals that have been set for sanctions and evaluates how effective sanctions have been at reaching those goals. It also examines the costs of sanctions, i.e., the impact on civilians and on international support for sanctions.

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

In the last twenty years a critique of the idea of a right as the property of an individual subject has been articulated by some influential Anglican theologians – Joan Lockwood O’Donovan, Oliver O’Donovan and John Milbank. Their objections are considerably based on an argument about intellectual history. Broadly pursuing an intellectual trajectory first set by Leo Strauss and C. B. Macpherson, these theologians think that the very concept of a ‘subjective right’ is tied, certainly historically but perhaps also logically, (...) to modern, Hobbesian social contract theory, and therefore to radical individualism and moral subjectivism. Therefore, they think that to affirm individual subjective rights is to exclude a larger objective order of moral right, and to undermine the authority of the claim of social obligation. Against this critique, this article, first, argues that a morally realist conception of subjective rights prevailed before Hobbes, and continued to prevail long afterwards. Second, the article proceeds to refute Ernest Fortin’s thesis that Hobbes came to dominate modern rights-talk through John Locke. Finally, it suggests that the contemporary detachment of the concept of subjective rights from a larger context of objective moral right has more plausible and more proximate roots in twentieth century philosophical and cultural developments. (shrink)

In the first part of this article we survey the concept of human rights from a philosophical perspective and especially in relation to the “right to healthcare”. It is argued that regardless of meta-ethical debates on the nature of rights, the ethos and language of moral deliberation associated with human rights is indispensable to any ethics that places the victim and the sufferer in its centre. In the second part we discuss the rise of the “right to privacy”, particularly in (...) the USA, as an attempt to make the element of personal free will dominate over the element of basic human interest within the structure of rights and when different rights seem to conflict. We conclude by discussing the relationship of human rights with moral values beyond the realm of rights, mainly human dignity, free will, human rationality and response to basic human needs. (shrink)

Reparations whether to blacks for slavery, or to Indians for land theft, or to settle any number of other conflicts, has an interesting political background. Analysts on the left, who are usually no friend of private property rights, nevertheless rely on this doctrine to support their case for reparations. Those on the right, in contrast, who supposedly defend the institution of property rights, jettison them when it comes to reparations. It is only libertarians, such as the present authors, who both (...) favor private property rights in general, and, also, apply them to the issue of reparations, who are logically consistent. (shrink)

This essay argues that schooling in Israel is tied too closely to ideology. This results in an indoctrinary orientation that contributes to divisiveness and imperils Israeli democracy. After reviewing and critiquing the roots of this orientation, I advance an alternative that understands education as an agent of the good rather than ideology. Israeli schooling requires a vision of goodness broad enough to encompass competing conceptions of Jewish life espoused by the majority as well as non-Jewish orientations affirmed by various minorities. (...) Such a vision can be grounded, I contend, in a democratic Jewish theology that emphasizes God as teacher rather than tyrant. (shrink)

addressing you, that probably the most easy and natural way for me to explain Anarchism would be for me to give the reasons why I myself am an Anarchist. I am not sure that they were altogether right in the matter, because in giving the reasons why I am an Anarchist, I may perhaps infuse too much of my own personality into the subject, giving reasons sufficient unto myself, but which cool reflection might convince me were not particularly striking as (...) reasons why other people should be Anarchists, which is, after all, the object of public speaking on this question. (shrink)

The article is aimed at extracting and investigating proper algebraic aspect of the natural legal law system. The metaphorical meaning of the sentence “Law is mathematics of freedom” is transformed into literal one of exact language of rational philosophy of natural legal law. The word “freedom” is recognized as a homonym having exactly four formal-axiological meanings which are nothing but moral-legal-valuefunctions determined by one moral-legal-value-argument. The four functions called “freedom” and the corresponding four functions called “slavery” are precisely defined by (...) tables. Lists of formal-axiological equations of two-valued algebra of natural law-and-morals are generated. The lists make up a discrete mathematical model of the system of natural morals-and-law concerning “freedom” and “slavery”. Within the framework of submitted two-valued algebra of natural law-and-morals, interconnections between natural legal law and natural theology are addressed in general and the nontrivial question “Is God’s slave a slave?” is explicated and answered especially. (shrink)

This paper links the conjecture that the physical world is a virtual reality to the findings of modern physics. What is usually the subject of science fiction is here proposed as a scientific theory open to empirical evaluation. We know from physics how the world behaves, and from computing how information behaves, so whether the physical world arises from ongoing information processing is a question science can evaluate. A prima facie case for the virtual reality conjecture is presented. If a (...) photon is a pixel on a multi-dimensional grid that gives rise to space, the speed of light could reflect its refresh rate. If mass, charge and energy all arise from processing, the many conservation laws of physics could reduce to a single law of dynamic information conservation. If the universe is a virtual reality, then its big bang creation could be simply when the system was booted up. Deriving core physics from information processing could reconcile relativity and quantum theory, with the former how processing creates the space-time operating system and the latter how it creates energy and matter applications. (shrink)

This paper intends to show that the experience of the illicit (Unrecht) plays in Hegel's theory of punishment the fundamental role of turning ".

Although the emlocus classicus /emof the concept of recognition is the master/slave episode of the Phenomenology, it is readily portable into the emPhilosophy of Right/em. However, the fact that the term occurs only six times in the 400 pages of the emPhilosophy of Right/em has obscured its structural role, and accordingly scholarly effort is scant on the concept as it might pertain to this work. It is the argument of this paper that despite its lsquo;invisibilityrsquo; it governs foreground proceedings as (...) if from behind a curtain, for it cannot be gainsaid that the conceptual foundation of the Rights empresupposes/em the principle of recognition. The suspicion has been voiced that Hegel deliberately emsuppressed/em reminders of the presence of emAnerkennung/em in his philosophy of rights in order to distance himself from the perceived limitations of the Fichtean exposition of the concept. Accordingly this paper brings up the background of Fichte and examines the PhR in its strategic dispositions to uncover the recognitive structure implied in it. (shrink)