This article sets out a new conception of ‘property as an asset of resilience’. Building on Fineman’s emphasis on ‘webs’ of resilience, and applying insights from Actor-Network Theory and Resilient Property Theory, we examine how the rhetorical claims asserted by owners and non-owners, individually and collectively, and the ways that law recognizes and endorses those claims, affect the production of property-as-resilience. Applying Fineman’s framework, we argue that the ‘embodiment’ and ‘embeddedness’ of human vulnerability is revealed by the necessary and inevitable (...) relationship we have with land, housing and place. Everyone—including homeless people—must ‘be’ somewhere (embodiment); however, it is our ability to access ‘assets of resilience’ through our social embeddedness in institutional structures and relationships that mitigates (or not) our experience and life opportunities. In this article we analyze the nature of real property as an asset of resilience, the consequences of exclusionary concepts of ownership for how resilience is allocated, and the implications for how we think and talk about ‘exclusion’ and ‘inclusion’ in property theories and property law. We consider the roles that states perform in the allocation of property as an asset of resilience: both directly, through the protection and enforcement of private property rights and official narratives about the nature of private property; and indirectly, as owners leverage the hinterland of privilege extended to ‘ownership’ and owners to deepen their own networks of resilience. (shrink)

Recent studies have shown that deductive reasoning skills are related to mathematical abilities. Nevertheless, so far the links between mathematical abilities and these two forms of deductive inference have not been investigated in a single study. It is also unclear whether these inference forms are related to both basic maths skills and mathematical reasoning, and whether these relationships still hold if the effects of fluid intelligence are controlled. We conducted a study with 87 adult participants. The results showed that transitive (...) reasoning skills were related to performance on a number line task, and conditional inferences were related to arithmetic skills. Additionally, both types of deductive inference were related to mathematical reasoning skills, although transitive and conditional reasoning ability were unrelated. Our results also highlighted the important role that ordering abilities play in mathematical reasoning, extending findings regarding the role of ordering abilities in basic maths skills. These results have implications for the theories of mathematical and deductive reasoning, and they could inspire the development of novel educational interventions. (shrink)

The second-generation critical theory of Apel and Habermas was substantially built on the semiotic pragmatism of Charles Peirce. Along with critical theory generally, this variation requires a theory of society in which to embed its wide-ranging normative commitments. The article proposes re-orienting Habermas’s decades-old theory of communicative action, which contained essential pointers to a critical theory of society that has never been adequately taken up in either the critical social sciences or critical theory proper. Revising Habermas, Peirce is drawn upon (...) to crystallize the preferred critical semiotic realist theory of society. Asemiotic social ontology of the necessary range and scope is accordingly put forward that centres on inferential communal reasoning within the wider contexts of social perception and social actuality. The resulting approach, overcoming established dichotomies, is realist and processual as well as substantive, critical as well as hermeneutic and phenomenological, transcendent as well as immanent, realist as well as idealist, a priori as well as a posteriori, cognitive as well as normative, macro as well as micro, individual as well as collective and creative as well as habitual. (shrink)

The challenge of realizing the democratic power of publics through public sphere remains acute but not hopeless. While claiming that Habermas communicative social theory offers a way forward in spite of a productive but constraining turn towards a modified social liberal frame, nonetheless three limitations of the theory are identified. The first bears on the insufficiency of the sociological evolutionist description of society relevant to the public sphere drawn from classical sociological accounts of differentiation and integration. The second identifies learning (...) theoretical limitations of the normative interactionist, proceduralist account of democracy and democratization potentials. And the third observes on the disconnection between the theory of communicative reasoning from, on the one hand, the critique of pathologies of reasoning, and, on the other, from its implications for lifeworld rationalization. These identified limitations are intended to provide new impetus to radically rethink the public sphere as intrinsic to solving contemporary problems of democracy that Habermas’s more recent account of deliberative theory, with the public sphere merely supplementary, cannot fully do. Yet, with Habermas, this should be on the basis of advancing the communication theory of democracy. (shrink)

Brink analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. He argues that an agent is responsible for misconduct if and only if it is not excused, and that responsibility consists in agents having suitable cognitive and volitional capacities, and a fair opportunity to exercise these capacities.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This essay explores a conception of responsibility at work in moral and criminal responsibility. Our conception draws on work in the compatibilist tradition that focuses on the choices of agents who are reasons-responsive and work in criminal jurisprudence that understands responsibility in terms of the choices of agents who have capacities for practical reason and whose situation affords them the fair opportunity to avoid wrongdoing. Our conception brings together the dimensions of normative competence and situational control, and we factor normative (...) competence into cognitive and volitional capacities, which we treat as equally important to normative competence and responsibility. Normative competence and situational control can and should be understood as expressing a common concern that blame and punishment presuppose that the agent had a fair opportunity to avoid wrongdoing. This fair opportunity is the umbrella concept in our understanding of responsibility, one that explains it distinctive architecture. (shrink)

The article begins with a selective outline of social theories of crisis. Such crisis diagnosis is important for general, societal argumentation. The current article positions normative-critical theories and Luhmann’s own version of system theory on opposite sides of the societal argument about the future of Europe and, generally, postnational society. The former supports moral and ethical visions of egalitarian pluralism, and the latter emphasizes the need to conform to the functional, communication logics of self-organizing social systems. It is then proposed (...) that if rival social theoretical traditions, the above named and others, are to engage in meaningful normative argument with one another, they must develop a minimal, shared understanding of what should constitute the theory of society. In pursuit of this goal, the article advances a shared, minimal, theoretical framework that addresses both the full spectrum of the normative culture of modernity and its critique, no matter from which social standpoint or theoretical tradition the latter is advanced. In conclusion, asserting its own normative standpoint, it is argued that both a European cultural model and a constitutional order based on cosmopolitan solidarity are needed. Such a model should assert moral principles of justice, equality, responsibility, and legitimacy that would adequately respect and include the full variety of milieus and associational forms in contemporary European society, not just those of the present elite. Such a model should not simply be abstractly asserted, though that is an essential first step, but its conditions of possibility should be supported by appropriate social research that would investigate capacities for transnational democratic innovation and the formation of substantive moral principles among European publics. (shrink)

European Journal of Philosophy, EarlyView.

The book contains an extraordinary condensation of important themes regarding populism. It brings social and political science together with normative philosophy, something badly needed today in critical theory to advance its theoretical-empirical approach. But it is precisely the kind of interpretation of critical theory presented in the book that is the focus of these brief comments. In particular, I mainly ask about the relation to second-generation critical theory. In this context, the comments particularly address kinds and levels of cultural structure (...) that make possible the form of normative reconstruction offered by critical theory, and examines how these appear – or do not appear – in the book, together with outlining the implications for the approach. Specifically, I will address three main dimensions arising in the book. These are (a) Immanent Critique; (b) The counterfactual status of ideals; (c) The methodology of ideal type analysis. The general conclusion is show in what ways the line of inquiry present in the book can be further elaborated within critical theory. (shrink)

SOME THINK THAT MORAL REALISTS CANNOT RECOGNIZE THE PRACTICAL OR ACTION-GUIDING CHARACTER OF MORALITY AND SO REJECT MORAL REALISM. THIS FORM OF ANTI-REALISM DEPENDS UPON AN INTERNALIST MORAL PSYCHOLOGY. BUT AN EXTERNALIST MORAL PSYCHOLOGY IS MORE PLAUSIBLE AND ALLOWS THE REALIST A SENSIBLE EXPLANATION OF THE ACTION-GUIDING CHARACTER OF MORALITY. CONSIDERATION OF THE PRACTICAL CHARACTER OF MORALITY, THEREFORE, DOES NOT UNDERMINE AND, INDEED, SUPPORTS MORAL REALISM.

David O. Brink offers a reconstruction and assessment of John Stuart Mill's contributions to the utilitarian and liberal traditions. Brink defends interpretations of key elements in Mill's moral and political thought, and shows how a perfectionist reading of his conception of happiness has a significant impact on other aspects of his philosophy.

Consequentialism is often criticized for failing to accommodate impersonal constraints and personal options. A common consequentialist response is to acknowledge the anticonsequentialist intuitions but to argue either that the consequentialist can, after all, accommodate the allegedly recalcitrant intuitions or that, where accommodation is impossible, the recalcitrant intuition can be dismissed for want of an adequate philosophical rationale. Whereas these consequentialist responses have some plausibility, associational duties represent a somewhat different challenge to consequentialism, inasmuch as they embody neither impersonal constraints nor (...) personal options, but rather personal constraints. Our intuitions about associational duties resist capture within the intellectual net of consequentialism, and such duties do admit of a philosophical rationale at least as plausible as anything the consequentialist has to offer. (shrink)

Reference to responsibility is prominent in discussions of climate change of every kind. Certain dimensions of the issue call it forth. These include, above all, the planetary scale of the problem and the corresponding sense of endangerment, along with lack of clarity on what exactly needs to be done and who should do it. The question of planetary responsibility has been around for some time. The limits to growth debate of more than 40 years ago already indicated concern about the (...) ecological limits of industrial civilization (Meadows et al., 1972; Meadows et al., 2004). In this light, the article reviews and takes inspiration from key philosophical conceptualizations of global ecological responsibility before it goes on to add a necessary sociological approach that reveals the democratic, communicative mechanisms that might make it realizable. (shrink)

It is common to regard love, friendship, and other associational ties to others as an important part of a happy or flourishing life. This would be easy enough to understand if we focused on friendships based on pleasure, or associations, such as business partnerships, predicated on mutual advantage. For then we could understand in a straightforward way how these interpersonal relationships would be valuable for someone involved in such relationships just insofar as they caused her pleasure or causally promoted her (...) own independent interests. But many who regard love, friendship, and other associational ties as an important part of a happy or flourishing life suppose that in many sorts of associations—especially intimate associations—the proper attitude among associates is concern for the other for the other's own sake, not just for the pleasure or benefits one can extract from one's associates. It is fairly clear how having friends of this sort is beneficial. What is less clear is how being a friend of this sort might contribute to one's own happiness or well-being. Even if we can explain this, it looks as if the contribution that friendship makes to one's happiness could not be the reason one has to care for friends, for that would seem to make one's concern for others instrumental, not a concern for the other for her own sake. (shrink)

Of recent time, there has been a proliferation of concerns with ethical leadership within corporate business not least because of the numerous scandals at Enron, Worldcom, Parmalat, and two major Irish banks – Allied Irish Bank (AIB) and National Irish Bank (NIB). These have not only threatened the position of many senior corporate managers but also the financial survival of some of the companies over which they preside. Some authors have attributed these scandals to the pre-eminence of a focus on (...) increasing shareholder value in Western business schools and/or to their failure to inculcate ethical standards. In this paper, we challenge these accounts and the aetiological view of knowledge from which they derive but are grateful for the consensus that they convey regarding the importance of business ethics. The paper focuses on different approaches to ethical leadership concluding with a view that some hybrid of MacIntyre’s virtue ethics and Levinas’s ethics of responsibility may serve as an inspiration for both educators and practitioners. (shrink)

The prospects for moral realism and ethical naturalism have been important parts of recent debates within metaethics. As a first approximation, moral realism is the claim that there are facts or truths about moral matters that are objective in the sense that they obtain independently of the moral beliefs or attitudes of appraisers. Ethical naturalism is the claim that moral properties of people, actions, and institutions are natural, rather than occult or supernatural, features of the world. Though these metaethical debates (...) remain unsettled, several people, myself included, have tried to defend the plausibility of both moral realism and ethical naturalism. I, among others, have appealed to recent work in the philosophy of language—in particular, to so-called theories of “direct reference” —to defend ethical naturalism against a variety of semantic worries, including G. E. Moore's “open question argument.” In response to these arguments, critics have expressed doubts about the compatibility of moral realism and direct reference. In this essay, I explain these doubts, and then sketch the beginnings of an answer—but understanding both the doubts and my answer requires some intellectual background. (shrink)

Richard Asher was an English physician and writer. Born in Brighton, the son of a clergyman, he was educated at Lancing College and studied medicine at the London Hospital, qualifying in 1934. After various junior posts at the London and West Middlesex Hospitals, he was appointed physician at the Central Middlesex Hospital in 1943. The Central Middlesex was a former municipal hospital, and Asher was among a group of young consultants who transformed this medical backwater into a center with a (...) high reputation for its clinical work, research, and teaching. Asher was a general physician.. (shrink)

The state of theorizing bearing on an explicit, contemporary, critical theory of society is first of all outlined. While contemporary conditions of scholarship are not promising in this respect, the potential of a distinctive critical theory of society nonetheless remains tantalizing. The mostly agreed, even if mostly only implicitly, core architectonic of critical theory is outlined as a foundation, though disagreements persist over the significance of the linguistic turn and context-transcendent versus context-immanent modes of theorizing. On the basis of the (...) outline of the general architectonic, suggestions are made, pointing forward to the articles in the special issue, as to how the contemporary democratic focus of the theory offers inspiration for a more explicit, modern articulation. Such a theory would follow the lead of the first generation, but it would additionally take on board the multiple theoretical as well as social changes that have since occurred. (shrink)

Perfectionism is an underexplored tradition, perhaps because of doubts about the grounds, content, and implications of perfectionist ideals. Aristotle, J.S. Mill, and T.H. Green are normative perfectionists, grounding perfectionist ideals in a normative conception of human nature involving personality or agency. This essay explores the prospects of normative perfectionism by examining Kant’s criticisms of the perfectionist tradition. First, Kant claims that the perfectionist can generate only hypothetical, not categorical, imperatives. But insofar as the normative perfectionist appeals to the normative category (...) of personality or agency, rather than a biological category of humanity, it can represent perfectionist demands as categorical imperatives. Second, Kant accepts a moral asymmetry in which we aim at our own perfection but at the happiness, rather than the perfection, of others. However, the importance of autonomy in normative perfection explains why the perfectionist should recognize a self/other asymmetry. Indeed, when we see how the normative perfectionist can answer Kant’s criticisms while respecting Kant’s own claims about the connection between rational nature and moral requirements, we can see the basis for a normative perfectionist interpretation of Kant’s own ethical theory. Insofar as Kantians and normative perfectionists both base ethical demands on an appeal to rational nature, they face a common worry that the appeal to rational nature is empty or incomplete. Normative perfectionists have more and less concessive responses to this worry, providing perfectionist explanations of various apparently non-perfectionist goods. Even if we end up being pluralists about the good, perfectionist elements play an important role. Finally, because the normative perfectionist, like the Kantian, grounds its ideals and requirements in a conception of persons as rational agents, it provides a promising account of the rational authority of perfectionist demands. This comparison of normative perfectionist and Kantian essentials gives us reason to take the normative perfectionist tradition seriously. (shrink)

The situationist literature in psychology claims that conduct is not determined by character and reflects the operation of the agent’s situation or environment. For instance, due to situational factors, compassionate behavior is much less common than we might have expected from people we believe to be compassionate. This article focuses on whether situationism should revise our beliefs about moral responsibility. It assesses situationism’s implications against the backdrop of a conception of responsibility that is grounded in norms about the fair opportunity (...) to avoid wrongdoing that require that agents be normatively competent and possess situational control. Despite the low incidence of compassionate behavior revealed in situationist studies, situationism threatens neither situational control nor normative competence. Nonetheless situationism may force revision in our views about responsibility in particular contexts, such as wartime wrongdoing. Whereas a good case can be made that the heat of battle can create situational pressures that significantly impair normative competence and thus sometimes provide a full or partial excuse, there is reason to be skeptical of attempts to generalize this excuse to other contexts of wartime wrongdoing. If so, moral responsibility can take situationism on board without capsizing the boat. (shrink)