This book is a translation of a classic work of modern social and political thought. Elements of the Philosophy of Right, Hegel's last major published work, is an attempt to systematize ethical theory, natural right, the philosophy of law, political theory, and the sociology of the modern state into the framework of Hegel's philosophy of history. Hegel's work has been interpreted in radically different ways, influencing many political movements from far right to far (...) left, and is widely perceived as central to the communitarian tradition in modern ethical, social, and political thought. This edition includes extensive editorial material informing the reader of the historical background of Hegel's text, and explaining his allusions to Roman law and other sources, making use of lecture materials which have only recently become available. The new translation is literal, readable, and consistent, and will be informative and scholarly enough to serve the needs of students and specialists alike. (shrink)

In the following paper, I discuss the adjectival uses of the English word ‘right’, in ethical and nonethical settings. I distinguish four distinct but related uses. In the central use, which includes the typical ethical applications, what is right is what conforms to a norm, or rule. The emphasis can be on the norm itself, or on the conforming to the norm. The view I offer is not original. It is to be found in the works of T.M. (...) Scanlon, T.H. Green, R.M. Hare and W.D. Ross.1. (shrink)

Hegel's Elements of the Philosophy of Right, one of the classic texts of German Idealism, is a seminal work of legal, social and political philosophy that has generated very different interpretations since its publication in 1821. Written with the advantage of historical distance, the essays in this volume adopt a fresh perspective that makes readers aware of the breadth and depth of this classic work. The themes of the essays reflect the continuing relevance of the text, (...) and include Hegel's method, the concept of property, Hegel's view of morality, the concept of Sittlichkeit, the modern family, the nature and tensions of civil society, and the question of the modernity of the Hegelian state. The volume will be of interest to all scholars and students of German Idealism and the history of political thought. (shrink)

Book review: G. W. F. Hegel, Elements of the Philosophy of Right. A. W. Wood, ed., H. B. Nisbet, tr.

A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of (...) class='Hi'>Philosophy of Right •Outlines the unique structure of Hegel's philosophical arguments •Explores key areas of Hegel's political philosophy: his theories of property, punishment, morality, law, monarchy, war, democracy and history This significantly expanded second edition includes: a more detailed explanation of Hegel's philosophical system, two new chapters on his theories of democracy and history and an appendix detailing the implications this work has for future interpretations of Hegel's philosophy. (shrink)

Disjunctivism, as a theory of visual experience, claims that the mental states involved in a “good case” experience of veridical perception and a “bad case” experience of hallucination differ, even in those cases in which the two experiences are indistinguishable for their subject. Consider the veridical perception of a bar stool and an indistinguishable hallucination; both of these experiences might be classed together as experiences (as) of a bar stool or experiences of seeming to see a bar stool. This might (...) lead us to think that the experiences we undergo in the two cases must be of the same kind, the difference being that the former, but not the latter, is connected to the world in the right kind of way. Such a conjecture has been called a “highest common factor” or “common kind” assumption. At heart, disjunctivism consists in the rejection of this assumption. According the disjunctivist, veridical experiences and hallucinations do not share a common component. There are a host of interesting questions surrounding disjunctivism including: What is involved in the claims that good case and bad case experiences differ? Why might one might want to be a disjunctivist? What kinds of claims can the disjunctivist make about hallucination and illusion? These questions, and problems for the thesis, will be discussed as we proceed. (shrink)

G.W.F. Hegel's Elements of the Philosophy of Right is his last major published statement not only on the philosophy of law but on ethical theory, natural law, social and political theory as well. The studies of Right, Morality, Ethical Life discuss Hegel's views both historically and systematically, contributing to the lively discussions concerning the significance of Hegel's view in the present philosophical contexts. Contributors are Eerik Lagerspetz, Ossi Martikainen, Markku Mäki, Tuija Pulkkinen, Michael Quante, Hannu (...) Sivenius, Markus Wahlberg and Jussi Kotkavirta. "Right, Morality, Ethical Life offers refreshing and relevant interpretations of Hegel's legal philosophy, particularly on the issues of personal autonomy, modern society, and constitutional theory. It's chief merit is its ability to perceive Hegel as a real contributor to contemporary debates on the notions of person, morality, and law." Professor David Rasmussen, Boston University Editor of Philosophy and Social Criticism. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power (...) -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

Probab ility (probability; subjective and objective probability; the Principal Principle; independence and correlation; conditional probability; material, indicative and subjunctive conditionals; correlation and causation; screening off; Simpson’s paradox; Bayes’ theorem; Bayesian updating).

Gewirth has argued that rights are justified by their role in the “generic features” of action. Simply by virtue of being a purposive agent capable of voluntary action, one must accept the logic that all persons with such characteristics have certain moral rights. But the language of rights theories does not deal with the process by which rights are acknowledged. How do we go about recognizing those characteristics of human life that underlie the logic Gewirth claims is necessary? By what (...) process do I recognize, for example, your “right” to be told the truth? Acknowledging someone else's right involves two elements: a recognition of the content of the right and a recognition of the binding power of the right which is experienced by the agent as a sense of obligation. Analyzing the process by which these two factors are recognized and examining the foundation for that process will clarify some of the assumptions utilized in rights theories. (shrink)

The purpose of this paper is an attempt to present and analyse one of the most intriguing and unique elements of Leibniz’s philosophy of right—the relationship between love and justice —mainly based on selected excerpts from the Elementa Iuris Naturalis and the preface to the Codex Iuris Gentium Diplomaticus. The author presents the characteristics of this close connection and she tries to answer the question about the reasons for this relationship referring to the metaphysical assumptions and principles (...) of Leibniz’s philosophy. With respect to the latter the author also explains significance of the connection between love and justice in Leibniz’s philosophy of right as a part of his whole philosophical system. (shrink)

This book is the Studies in G.W.F. Hegel's Philosophy of Right; Hegel's 'elements of the Philosophy of 'right is his last major published statement not only on the philosophy of law but on ethical theory, natural law, social and political theory as well. The studies of Right, Morality, Ethical Life duscuss Hegel's views both historically and systematically, contrubuting to the lively discussions concerning the signifigance of Hegel's view in the present philosophical context. This (...) book is ment for students of Religion/philosophy. (shrink)

David Hume is a constant, but underappreciated presence in John Rawls’ work. This paper attempts to uncover and explicate the core Humean elements in Rawls’ philosophy and advocates for the merits of a more Humean Rawls. Though Rawls’ familiarity with Hume is well known and his commentators frequently mention the importance of Hume’s circumstances of justice, the depth and range of the Humean influence has not been sufficiently understood. Commentators have been too quick to accept Rawls’ own account (...) of Hume as a largely negative influence superseded by justice as fairness’s formidable alternative to utilitarianism. This is a mistake, as Hume remains a powerful and positive historical influence in Rawls’ political philosophy. Moreover, recognition of Hume’s influence provides cogent ways of responding to some of Rawls’ most prominent critics. Rawls’ early essays and his lectures on the history of moral and political philosophy provide valuable material for understanding how Rawls saw the relation of his own work to that of his predecessors. Through an analysis of Rawls’ texts with emphasis on his early papers and lectures we seek to clarify his understanding of Hume and show how it impacts his work. In what follows, we show Hume’s influence on Rawls’ understanding of the circumstances of justice, the site of justice, the priority of the right, sympathy, the judicious spectator, and his methodology and approach to the problem of stability based on congruence between the good and the right. This illuminates Hume’s influence on contemporary political philosophy and provides a more balanced picture of the historical foundation of Rawls’ political philosophy. We end with some positive remarks on the benefits of embracing Rawls’ Humean side. (shrink)

Ethics 101 offers an exciting look into the history of moral principles that dictate human behavior. This easy-to-read guide presents the key concepts of ethics in fun, straightforward lessons and exercises featuring only the most important facts, theories, and ideas. Ethics 101 includes unique, accessible elements such as explanations of the major moral philosophies, including utilitarianism, deontology, virtue ethics, and eastern philosophers including Avicenna, Buddha, and Confucius; and unique profiles of the greatest characters in moral philosophy.

A modern, highly readable translation of a primary text in Western philosophy. Complete translation in English with introduction, notes and glossary. The glossary is keyed to the primary occurrences of important terms in the text and provides insights into the concepts beyond the translation, especially useful pedagogical device for students coming to Hegel for the first time. Focus Philosophical Library translations are close to and are non-interpretative of the original text, with the notes and a glossary intending to provide (...) the reader with some sense of the terms and the concepts as they were understood by Hegel’s immediate audience. (shrink)

The Right to Justification : Elements of a Constructivist Theory of Justice.

Broadly speaking, two views of modernity are prevalent in contemporary debates. According to the first view, i.e. “modernization theory,” there is one single form of modernity, which is tantamount to liberal, capitalist modernity. The West has already and fully achieved modernity; non-Western societies have lagged behind and must simply catch up with the West. In contrast, according to the second view, “post-colonial theory,” there is no such thing as modernity. What the West erroneously calls “modernity” is nothing but a highly (...) parochial way of thought, and of economic and political organization, that developed by accident first in the West and then by the exercise of military violence or economic power was subsequently “universalized.” In this chapter, I argue that Hegel, read properly, provides a third conception of modernity, one which, contrary to the modernization theory, respects differences between societies, and yet, contrary to post-colonial theory, does not engage in dividing the human species into fundamentally different or incommensurate groups. I argue that Hegel’s theory of modernity must be sought at the conjunction of the Science of Logic (specifically the logic of the Concept) and the Philosophy of Right. I then elaborate on Hegel’s theory of modernity, thus construed. (shrink)

Hegel's Philosophy of right concerns ideas on justice, moral responsibility, family life, economic activity and the political structure of the state. He shows how human freedom involves living with others in accordance with publicly recognized rights and laws.

Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral (...) class='Hi'>philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice—freedom, democracy, equality, and toleration—and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice. (shrink)

Despite the widespread use of the notion of moral intuition, its psychological features remain a matter of debate and it is unclear why the capacity to experience moral intuitions evolved in humans. We first survey standard accounts of moral intuition, pointing out their interesting and problematic aspects. Drawing lessons from this analysis, we propose a novel account of moral intuitions which captures their phenomenological, mechanistic, and evolutionary features. Moral intuitions are composed of two elements: an evaluative mental state and (...) a feeling of rightness (FOR). We illustrate the phenomenology of the FOR with examples of non-moral and moral cases, and provide a biological and mechanistic account: the emergence of human reasoning capacities created a need for the co-evolution of a psychological system producing the feeling of rightness (the FORs). This system is triggered when we experience conflicting evaluations. The FORs renders evaluations resulting from rational deliberation less compelling than the evaluations produced by simple evolved systems. It thus facilitates optimal decision-making, preventing excessive interference by rational deliberation. Our account sheds light on why moral intuitions are so frequently experienced and why they are so compelling and resistant to argument. In addition, the account fuels interesting speculations about common metaethical intuitions. (shrink)

Moral philosophy is the study of what morality is and what it requires of us. As Socrates said, it's about "how we ought to live"-and why. It would be helpful if we could begin with a simple, uncontroversial definition of what morality is. Unfortunately, we cannot. There are many rival theories, each expounding a different conception of what it means to live morally, and any definition that goes beyond Socrates's simple formula-tion is bound to offend at least one of (...) them. This should make us cautious, but it need not paralyze us. In this chapter, I will describe the "minimum conception" of morality. (shrink)

In 19th century Anglo-American political philosophy, one finds an important debate concerning the nature, source and limits of rights. Two of the dominant views here were the utilitarianism of Jeremy Bentham and J. S. Mill and the rights-based political thought of Herbert Spencer. While there are significant differences between them, both arguably reflect a perspective that is both liberal and individualist. ;A response to these views--one that is sometimes taken to be fundamentally incompatible, if not entirely incommensurable, with the (...) Anglo-American liberal tradition--is found in British idealist political thought. The most developed statement of this is, arguably, that of the British philosopher and social reformer, Bernard Bosanquet . Bosanquet argues that, to provide an adequate account of the nature, source and limits of human rights, one must abandon many of the individualist assumptions of his contemporaries. ;The question I address, then, is whether Bosanquet's theory of rights is a plausible response to the 'liberal individualist' views of Bentham, Mill and Spencer. In other words, does Bosanquet address the problems that he finds in these liberal individualist accounts of rights and does he provide a plausible alternative to them? ;My focus here is primarily, but not exclusively, historical. Moreover, I argue that a complete account of Bosanquet's theory of rights requires an elaboration of the "metaphysical theory of the nature of social reality"--"the social ontology"--on which it is based. Thus, in order to answer the question motivating this study, not only do I discuss Bosanquet's theory of rights in relation to the problems in the views of his contemporaries, but also show how it is related to his more general metaphysical concerns. ;In Chapter 1, "The Foundation of Rights in 'Theories of the First Look'," I set the stage for my reconstruction and presentation of Bosanquet's theory of rights. In Chapter 2, "Bosanquet's Theory of Rights," I reconstruct Bosanquet's theory of rights and respond to a number of criticisms directed directly to it. In Chapters 3 and 4, I provide and discuss what seem to be the key elements in the 'ontological' or 'metaphysical' background to Bosanquet's position. In the concluding chapter, "Bosanquet's Theory of Rights: An Assessment" , I show how Bosanquet's view avoids or responds to the problems he has identified in the theories of rights of Bentham, Mill and Spencer. (shrink)

Our inquiry begins, as it must, with the robust, familiar world of everyday, for one can start only from the place where one in fact is. We are now in a room where there are men and women, tables and chairs, pens, pencils, and books, dust, light, wood, and metal. Those who, with Descartes and Hume, try to ignore or cancel out that world, not only seek to reject what they themselves presuppose, but deny themselves and others the right (...) to make use of evidence, to verify what is being proposed, or to relate what is conceived to what is in fact believed and practiced. In a word, they sacrifice plausibility, achieving an abstract intellectual account at the price of a radical incoherence, an incapacity to relate mind and body, fact and value, theory and practice. (shrink)

To this circumstance is probably to be ascribed the little progress, which has hitherto been made in the PHILOSOPHY OF THE HUMAN MIND ; a, science, ...

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 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. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

There is more to Hegel's position than fear of a potentially destructive modern freedom. The most striking thing about the Philosophy of Right is that in it the whole distinction between tradition and modern freedom is overcome. We find a view of things in which the freedom of individuals and the given institutional order come together as one. This does not mean that Hegel ignored the difference or distinction between the two sides; he had learned from Plato and (...) a long tradition to see in the self-conscious or subjective freedom of individuals a threat to the political and legal order. But he took up this traditional distinction between freedom and authority and tried to work out the relation between them at various stages of conflict and reconciliation. The result was a very strong affirmation of the modern world and of the connection in it between religion and history, church and state, politics and economics, and so on. I want in this essay to explore the justification for this positive affirmation of modern freedom. Section I looks at Hegel's position in light of the concluding passages of the Philosophy of Right on war and the endlessness of conflict within the historical realm. Here I claim that for Hegel the potentially destructive freedom of modern society does not really lie outside the ethical life of the state. I argue that the seemingly endless freedom of modern society is a necessary element, though only an element, of his philosophical and theological exposition of the state. Section II summarizes my view of how ethical life and modern freedom are related to one another in Hegel's thought. Commentators have not explained his insistence that the two can be both antagonistic and radically one. (shrink)

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 was Pufendorf's first work, published in 1660. Its appearance effectively inaugurated the modern natural-law movement in the German-speaking world. The work also established Pufendorf as a key figure and laid the foundations for his major works, which were to sweep across Europe and North America. Pufendorf rejected the concept of natural rights as liberties and the suggestion that political government is justified by its protection of such rights, arguing instead for a principled limit to the state's role in human (...) life. (shrink)

Hegel's Philosophy of Right concerns ideas on justice, moral responsibility, family life, economic activity, and the political structure of the state. It shows how human freedom involves living with others in accordance with publicly recognized righs and laws. This edition combines a revised translation with a cogent introduction to Hegel's work.

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards (...) of proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending to (...) all of the ways that critics claim the Act burdens privacy, I examine whether those two controversial parts of the Act, the section 213 sneak-and-peak search and the section 215 business records gag-rule provisions, burden privacy as critics charge. I begin by describing the two provisions. Next, I explain why those provisions don’t burden privacy on standard philosophical accounts. Moreover, I argue that they need not conflict with the justifications for people’s claims to privacy, nor do they undermine the value of privacy on the standard accounts. However, rather than simply concluding that the sections don’t burden privacy, I argue that those provisions are problematic on the grounds that they undermine the value of whatever rights to privacy people have. Specifically, I argue that it is important to distinguish rights themselves from the value that those rights have to the rights-holders, and that an essential element of privacy rights having value is that privacy right-holders be able to tell the extent to which they actually have privacy. This element, which is justified by the right-holders’ autonomy interests, is harmed by the two provisions. (shrink)

What, if anything, distinguishes works of fiction such as Hamlet and Madame Bovary from biographies, news reports, or office bulletins? Is there a "right" way to interpret fiction? Should we link interpretation to the author's intention? Ought our moral unease with works that betray sadistic, sexist, or racist elements lower our judgments of their aesthetic worth? And what, when it comes down to it, is literature? The readings in this collection bring together some of the most important recent (...) work in the philosophy of literature by philosophers such as Martha Nussbaum, John Searle, and David Lewis. The readings explore philosophical issues such as the nature of fiction, the status of the author, the act of interpretation, the role of the emotions in the act of reading, the aesthetic and moral value of literary works, and other topics central to the philosophy of literature. (shrink)