Theodor W. Adorno is best known for his contributions to aesthetics and social theory. Critics have always complained about the lack of a practical, political or ethical dimension to Adorno's philosophy. In this highly original contribution to the literature on Adorno, J. M. Bernstein offers the first attempt in any language to provide an account of the ethical theory latent in Adorno's writings. Bernstein relates Adorno's ethics to major trends in contemporary moral philosophy. He analyses the full range of Adorno's (...) major works, with a special focus on Dialectic of Enlightenment, Minima Moralia and Negative Dialectics. In developing his account Bernstein lays particular stress on Adorno's contention that the event of Auschwitz demands a new categorical imperative. This book will be widely acknowledged as the standard work on Adorno's ethics and as such will interest professionals and students of philosophy, political theory, sociology, history of ideas, art history and music. (shrink)

In this unflinching look at the experience of suffering and one of its greatest manifestations—torture—J.M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining (...) what is suffered in torture and related transgressions, such as rape, Bernstein elaborates a powerful new conception of moral injury. Crucially, he shows, moral injury always involves an injury to the status of an individual as a person—it is a violent assault against his or her dignity. Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience. (shrink)

This encyclopedia entry provides an overview of the field of public health ethics. It focuses on what distinguishes public health ethics from other nearby subfields—especially biomedical ethics. It also frames the problems of public health ethics in terms of the concepts of justice and political legitimacy.

Aesthetic alienation may be described as the paradoxical relationship whereby art and truth have come to be divorced from one another while nonetheless remaining entwined. J. M. Bernstein not only finds the separation of art and truth problematic, but also contends that we continue to experience art as sensuous and particular, thus complicating and challenging the cultural self-understanding of modernity. Bernstein focuses on the work of four key philosophers—Kant, Heidegger, Derrida, and Adorno—and provides powerful new interpretations of their views. Bernstein (...) shows how each of the three post-Kantian aesthetics to construct a philosophical language that can criticize and displace the categorical assumption of modernity. He also examines in detail their responses to questions concerning the relations among art, philosophy, and politics in modern societies. (shrink)

Theodor Adorno's Aesthetic Theory offers one of the most powerful and comprehensive critiques of art and of the discipline of aesthetics ever written. The work offers a deeply critical engagement with the history and philosophy of aesthetics and with the traditions of European art through the middle of the 20th century. It is coupled with ambitious claims about what aesthetic theory ought to be. But the cultural horizon of Adorno's Aesthetic Theory was the world of high modernism, and much has (...) happened since then both in theory and in practice. Adorno's powerful vision of aesthetics calls for reconsideration in this light. Must his work be defended, updated, resisted, or simply left behind? This volume gathers new essays by leading philosophers, critics, and theorists writing in the wake of Adorno in order to address these questions. They hold in common a deep respect for the power of Adorno's aesthetic critique and a concern for the future of aesthetic theory in response to recent developments in aesthetics and its contexts. (shrink)

Jurgen Habermas' construction of a critical social theory of society grounded in communicative reason is one of the very few real philosophical inventions of recent times that demands and repays extended engagement. In this elaborate and sympathetic study which places Habermas' project in the context of critical theory as a whole past and future, J. M. Bernstein argues that despite its undoubted achievements, it contributes to the very problems of ethical dislocation and meaninglessness it aims to diagnose and remedy. Bernstein (...) further argues that the precise character of the failures of Habermas' program demonstrate the necessity for a return to the first generation critical theory of Adorno. Reading across nearly the whole range of Habermas' corpus, Recovering Ethical Life traces the development of the theory of communicative reason from its inception in Knowledge and Human Interests through its elaboration in The Theory of Communicative Action and into its defense against postmodernism in The Philosophical Discourse of Modernity . In separate chapters Habermas' readings of Freud, Durkheim amd Mead, Adorno and Foucault, Castoriadis and Taylor are critically examined. The focus of Bernstein's analyses, however, is always problem centered and thematic rather than textual psychoanalytic theory as an account of self knowledge, the competing claims of ethical identity and moral reason, the place of judgment in practical reason, and the debate between philosophies of language based communities versus those oriented towards world-disclosure. Critical theory is unique among current philosophies in engaging with the problems of social injustice and nihilism by siding with an abstract moral reason that forfeits the processes of intersubjective recognition it intended to salvage. Even in the fine grain of Habermas' account of performative contradictions and the theory of discourses of application, Bernstein perceives a squandering of the resources of an ethical life in need of transfiguration. (shrink)

Spitale et al. (2024) address a public health ethics question of great importance: How should governments communicate with the public during public health emergencies? The article highlights severa...

Public health ethicists face two difficult questions. First, what makes something a matter of public health? While protecting citizens from outbreaks of communicable diseases is clearly a matter of public health, is the same true of policies that aim to reduce obesity, gun violence or political corruption? Second, what should the scope of the government’s authority be in promoting public health? May government enact public health policies some citizens reasonably object to or policies that are paternalistic? Recently, some theorists have (...) attempted to address these questions by arguing that something is a matter of public health if and only if it involves a health-related public good, such as clean water or herd immunity. Relatedly, they have argued that appeals to the promotion of public health should only be used to justify the provision of health-related public goods. This public goods conception of public health (PGC) is meant to enjoy advantages over its rivals in three respects: it provides a better definition of public health than rival views, it respects moral disagreement, and it avoids licensing objectionably paternalistic public health policies. We argue, however, that the PGC does just as poorly, or worse, than its rivals in all three respects. (shrink)

Edited by Hans-Christoph Schmidt am Busch & Christopher Zurn. This volume collects original, cutting-edge essays on the philosophy of recognition by international scholars eminent in the field. By considering the topic of recognition as addressed by both classical and contemporary authors, the volume explores the connections between historical and contemporary recognition research and makes substantive contributions to the further development of contemporary theories of recognition.

Some parents take advantage of legal exemptions for the measles-mumps-rubella vaccine. While there are a variety of reasons parents do so—including having children with medical conditions that make vaccination medically unsafe—some parents appear to be driven, at least in part, by beliefs that vaccines cause a variety of diseases or conditions, such as autism. Those who delay or refuse the MMR vaccine because of false beliefs about its side effects elicit a strikingly strong response from many who endorse MMR vaccine (...) mandates. Accusations of moral wrongdoing, expressions of anger, indignation, resentment, or disgust frequently appear in social... (shrink)

Paternalism has attracted new defenders in recent years. Such defenders typically either downplay the normative significance of autonomy or deny that we are sufficiently rational for paternalistic interventions to be objectionable.1 Both of these argumentative strategies constitute challenges to John Stuart Mill’s influential anti-paternalistic ‘harm principle’, which states that coercive interference with the liberty of competent adults is justifiable only if such interference prevents harm to non-consenting third parties (Mill, p. 23).2 In this journal, Wilkinson has provided a novel, provocative (...) defence of paternalism in the medical context—one that (provisionally) accepts rather than challenges Mill’s harm principle.3 Wilkinson’s argument is complex. But he begins with Parfit’s influential account of personal identity.4 According to Parfit, Alice at T1 can be the same person as Alice at T2, but the extent to which Alice at T1 and Alice at T2 are similar depends on the extent to which there are ‘chains’ of strong psychological connections between Alice at T1 and Alice at T2. Strong psychological connections, in turn, are mental states such as intentions or beliefs, or psychological traits. For example, if Alice at T2 remembers very little about herself the day before, and the day before that, all the way to Alice at T1, Alice at T2 has completely different psychological traits than Alice at T1—for example, Alice at T1 was courageous, whereas Alice at T2 is cowardly—then Alice at T1 and Alice at T2 are distinct persons. If the harm principle is correct and Alice is autonomous, it is permissible to interfere with Alice’s liberty only if it prevents harm to some non-consenting third party. But if we accept Parfit’s view on personal identity, then a novel defence of paternalistic intervention emerges: Alice at T2 may well be a distinct person from Alice at T1. So, …. (shrink)

Most liberals agree that governments should protect certain basic liberties, such as freedom of speech, freedom of religion and freedom of the person. Liberals disagree, however, about whether free market rights should also be protected. By “free market rights,” we mean those rights typically associated with laissez-faire economic systems such as freedom of contract, a right to market returns, and claims to privately own the means of production.We do not use the phrase “economic liberties,” as Tomasi does, because it does (...) not distinguish between the “economic rights” defended by classical liberal and those defended by socialists. Those on the right often see such freedoms as core liberal commitments, while those on the left argue that an economic system should be organized to protect the interests of the less advantaged members of society. If free market rights should be protected, then most existing societies are unjust. These societies fail the liberal standard in the same ways as th .. (shrink)

Many of us believe that we can and do have individual obligations to refrain from contributing to massive collective harms – say, from producing luxury greenhouse gas (GHG) emissions; however, our individual actions are so small as to be practically meaningless. Can we then, justify the intuition that we ought to refrain? In this paper, we argue that this debate may have been mis-framed. Rather than investigating whether or not we have obligations to refrain from contributing to collective action, perhaps (...) we should ask whether we have reason to do so. However, this framing brings challenges of its own, and so we close by asking what problems are generated if we focus on these questions of ‘contributory ethics’. (shrink)

It is the persistence of social suffering in a world in which it could be eliminated that for Adorno is the source of the need for critical reflection, for philosophy. Philosophy continues and gains its cultural place because an as yet unbridgeable abyss separates the social potential for the relief of unnecessary human suffering and its emphatic continuance. Philosophy now is the culturally bound repository for the systematic acknowledgement and articulation of the meaning of the expanse of human suffering within (...) technologically advanced societies that are already committed to liberal ideals of freedom and equality. (shrink)

Arguably, the most promising and compelling route to demonstrating the significance of Hegel’s thought to contemporary philosophy has been the series of recent readings that construe Hegel as continuing and completing Kant’s Copernican turn. Paul Redding explicitly locates his interpretation within this program, seeing the hermeneutic dimension of Hegel’s thought as providing for the possibility of continuing the Kantian project. Kant’s Copernican turn can be loosely stated as the procedure of reflectively uncovering unexperienced conditions of experience that contribute to the (...) nature of experience in ways that require its further re-determination and re-description. What a hemeneutic take on this reflective procedure adds is that foremost among those conditions are contexts of intersubjective or dialogical relations—structures of recognition. While perhaps disappointing to anyone interested in the problem of textual interpretation, there is finally nothing more to Redding’s account of Hegel’s “hermeneutics” than the establishing of recognitive structures as forming the ultimate horizon of human experience. I take Redding’s relentless tracking of the problem of recognition to be one of his book’s virtues. (shrink)

This article argues that governments in countries that currently permit intensive animal agriculture - especially but not exclusively high-income countries - are, in principle, morally justified in taking steps to restrict or even eliminate intensive animal agriculture to protect public health from the risk of zoonotic pandemics. Unlike many extant arguments for restricting, curtailing, or even eliminating intensive animal agriculture which focus on environmental harms, animal welfare, or the link between animal source food (ASF) consumption and noncommunicable disease, the argument (...) in this article appeals to the value of protecting populations from future global health emergencies and their broad social, economic, and health impacts, taking the SARS-CoV-2 virus as a particularly salient example. The article begins by identifying how intensive animal agriculture contributes to the outbreak (and risk of future outbreaks) of zoonotic diseases. Next, we explore three specific policy options: 1. Incentivizing plant-based and cell-based ASF alternatives through government subsidies; 2. Disincentivizing intensive ASF production through the adoption of a “zoonotic tax”; and 3. Eliminating intensive ASF production through a total ban. We argue that all three of these measures are permissible, although we remain agnostic as to whether these measures are obligatory. We argue for this conclusion on the grounds that each measure is justified by the same sorts of considerations that justify other widely accepted public health interventions, and each is compatible with a variety of theories of justice. We then address potential objections. Finally, we discuss how our novel argument relates to extant ethical arguments in favor or curtailing ASF production and consumption. (shrink)

Living in the Borderland addresses the evolution of Western consciousness and describes the emergence of the "Borderland," a spectrum of reality that is beyond the rational yet is palpable to an increasing number of individuals. Building on Jungian theory, Jerome Bernstein argues that a greater openness to transrational reality experienced by Borderland personalities allows new possibilities for understanding and healing confounding clinical and developmental enigmas." "Living in the Borderland challenges the standard clinical model, which views normality as an absence of (...) pathology and which equates normality with the rational. Jerome S. Bernstein describes how psychotherapy itself often contributes to the alienation of Borderland personalities by misperceiving the difference between the pathological and the sacred. The case studies included illustrate the potential this has for causing serious psychic and emotional damage to the patient." "This challenge to the orthodoxies and complacencies of western medicine's concept of pathology will interest Jungian Analysts, Psychotherapists, Psychiatrists and other physicians, as well as educators of children. (shrink)

Following the lead of Annette Baier, this essay argues that trust relations provide the ethical substance of everyday living. When A trusts B, A unreflectively allows B to approach sufficiently close so as to be able to harm A. In order for this to be possible, A practically presupposes that B perceives A as a person and will hence act accordingly. Trust relations are relations of mutual recognition in which we acknowledge our mutual standing and vulnerability with respect to one (...) another. A robust account of trust assumes: first, trust relations are primary and practical, and while monitored by reason, they are not rationally constituted; second, trust can sustain its practical primacy over moral reason because it is developmentally prior to reason; and third, trust relations can be the bearers of our worth and vulnerability because they are the developmental products of first love. (shrink)

This paper argues that individuals in many high-income countries typically have moral reasons to limit their beef consumption and consume plant-based protein instead, given the negative effects of beef production and consumption. Beef production is a significant source of agricultural greenhouse gas emissions and other environmental impacts, high levels of beef consumption are associated with health risks, and some cattle production systems raise animal welfare concerns. These negative effects matter, from a variety of moral perspectives, and give us collective moral (...) reasons to reduce beef production and consumption. But, as some ethicists have argued, we cannot draw a straight line from the ethics of production to the ethics of consumption: even if a production system is morally impermissible, this does not mean that any given individual has moral reasons to stop consuming the products of that system, given how miniscule one individual’s contributions are. This paper considers how to connect those dots. We consider three distinct lines of argument in support of the conclusion that individuals have moral reasons to limit their beef consumption and shift to plant-based protein, and we consider objections to each argument. This argument applies to individuals in high beef-consuming and high greenhouse gas-emitting high-income countries, though we make this argument with a specific focus on the United States. (shrink)

In a recent paper in this journal, Jason Brennan correctly notes that libertarians struggle to justify a policy of compulsory vaccination. The most straightforward argument that justifies compulsory vaccination is that such a policy promotes welfare. But libertarians cannot make this argument because they claim that the state is justified only in protecting negative rights, not in promoting welfare. I consider two representative libertarian attempts to justify compulsory vaccination, and I argue that such arguments are unsuccessful. They either fail to (...) show that the state is justified in implementing the policy or overgeneralise. I suggest that Brennan's solution is especially well motivated insofar as it addresses the shortcomings of these arguments. Brennan argues that we violate the rights of others by participating in an activity that imposes an unacceptable collective risk of harm. Going unvaccinated is an activity that imposes an unacceptable collective risk of harm, and thus amounts to a rights violation. So, the state can implement a policy of compulsory vaccination I object, however, that Brennan's delineation of acceptable and unacceptable risk implicitly rests on classical liberal rather than libertarian principles; he justifies compulsory vaccination on the grounds that it promotes welfare. I also object that Brennan's argument would entail significant departures from libertarian institutional arrangements. This leaves libertarians with a choice: they can develop new arguments to demonstrate that their position is compatible with compulsory vaccination, or they can accept that their view entails the impermissibility of compulsory vaccination, and argue that this is not an unpalatable implication of their view. (shrink)

_Explores how the thought of Leo Strauss amounts to a model for thinking about the connection between philosophy, Jewish thought, and history._.

[This is a revised and expanded version of an article of the same name published in the Journal of the British Society for Phenomenology, October 2000: 31(3), 277–299.].

This 2002 volume brings together major works by German thinkers, writing just prior to and after Kant, who were enormously influential in this crucial period of aesthetics. These texts include the first translation into English of Schiller's Kallias Letters and Moritz's On the Artistic Imitation of the Beautiful, together with translations of some of Hölderlin's most important theoretical writings and works by Hamann, Lessing, Novalis and Schlegel. In a philosophical introduction J. M. Bernstein traces the development of aesthetics from its (...) still rationalist and mimetic construction in Lessing, through the optimistic construal of art and/or beauty as the appearance of human freedom in the work of Schiller, to Hölderlin's darker vision of art as the memory of a lost unity, and the variations of that theme - of an impossible striving after the lost ideal - which are found in the work of Schlegel and Novalis. (shrink)

Journal of Social Philosophy, EarlyView.

Advanced Cell Technology's Ethics Advisory Board has been called window dressing for a corporate marketing plan. But the scientists and managers have paid attention, and the lawyers have gone along.

This 2002 volume brings together major works by German thinkers, writing just prior to and after Kant, who were enormously influential in this crucial period of aesthetics. These texts include the first translation into English of Schiller's Kallias Letters and Moritz's On the Artistic Imitation of the Beautiful, together with translations of some of Hölderlin's most important theoretical writings and works by Hamann, Lessing, Novalis and Schlegel. In a philosophical introduction J. M. Bernstein traces the development of aesthetics from its (...) still rationalist and mimetic construction in Lessing, through the optimistic construal of art and/or beauty as the appearance of human freedom in the work of Schiller, to Hölderlin's darker vision of art as the memory of a lost unity, and the variations of that theme - of an impossible striving after the lost ideal - which are found in the work of Schlegel and Novalis. (shrink)

This article explores the influence of Winnicott’s conceptual constellation of early childhood, play, use, transitional phenomena, and transitional object upon Agamben’s thinking of contemporary historical exigency.

This article explores the influence of Winnicott’s conceptual constellation of early childhood, play, use, transitional phenomena, and transitional object upon Agamben’s thinking of contemporary historical exigency.

The prior issue of Krisis (42:1) published Critical Naturalism: A Manifesto, with the aim to instigate a debate of the issues raised in this manifesto – the necessary re-thinking of the role (and the concept) of nature in critical theory in relation to questions of ecology, health, and inequality. Since Krisis considers itself a place for philosophical debates that take contemporary struggles as starting point, it issued an open call and solicited responses to the manifesto. This is one of the (...) sixteen selected responses, which augment, specify, or question the assumptions and arguments of the manifesto. (shrink)

This essay originated as a reply to Richard Rorty's ”Habermas, Derrida, and the Functions of Philosophy“. In it, I contest Rorty's deployment of the categories of private selfcreation and the collective political enterprise of increasing freedom, first developed in Contingency, Irony and Solidarity, to demonstrate that the philosophical projects of Habermas and Derrida are complementary rather than antagonistic. The focus of my critique is two-fold: firstly, I contend that so-called critiques of metaphysics are always simutaneously engaging with some form of (...) social domination or disintegration (e.g. nihilism or societal rationalization); secondly, I argue that the fault-line in Rorty's thought that structures his categories is his, Davidson inspired, naturalized philosophy of language. This philosophy of language falls afoul of Heidegger's analysis of the present-to-hand. (shrink)

Hip fractures are common and serious injuries in the geriatric population. Obtaining informed consent for surgery in geriatric patients can be difficult due to the high prevalence of comorbid cognitive impairment. Given that virtually all patients with hip fractures eventually undergo surgery, and given that delays in surgery are associated with increased mortality, we argue that there are select instances in which it may be ethically permissible, and indeed clinically preferable, to initiate surgical treatment in cognitively impaired patients under the (...) doctrine of presumed consent. In this paper, we examine the boundaries of the license granted by presumed consent and use the example of geriatric hip fracture to build an ethical framework for understanding the doctrine of presumed consent. The license to act under presumed consent requires three factors: patient incapacity, clinical urgency and clarity on the correct course of action. All three can apply to geriatric hip fracture. The typical patient frequently lacks capacity. Delays in initiating surgical treatment are associated with markedly increased mortality rates. Last, there appears to be consensus that surgery is the preferred treatment. Nonetheless, because there is a window of safe delay during which treating physicians can stabilize the patient, address reversible causes of cognitive impairment and identify surrogate decision makers, presumed consent should be invoked only as a method of last resort. A medical situation need not be characterized by risk of imminent and certain death for presumed consent to be relevant. Rather, there are two distinct windows that must be considered: the time interval in which action may be delayed without danger, and the time interval needed to obtain a better form of consent. Presumed consent is appropriate only when the latter exceeds the former. (shrink)

This article proposes a novel defense of vaccine mandates: such policies are justifiable because they protect the capabilities of individuals who cannot cultivate individual immunity against infection. We begin by considering a nearby argument that has recently enjoyed popularity, which claims individuals have an enforceable obligation to get vaccinated because they have benefited from community protection (often referred to as ‘herd immunity’), and thus they ought to do their fair share in sustaining that public good by getting vaccinated. We object, (...) however, that this kind of argument misstates the ethical basis for vaccine mandates because community protection primarily protects unvaccinated people. We contend that the duty to vaccinate is not fundamentally an obligation to make a fair contribution to a public good from which vaccinated people benefit, but a duty to protect the wellbeing of otherwise vulnerable third parties. We flesh out our view by drawing on Martha Nussbaum's capabilities approach. (shrink)

COVID-19 vaccine uptake among healthcare workers (HCWs) remains of significant public health concern due to the ongoing COVID-19 pandemic. As a result, many healthcare institutions are considering or have implemented COVID-19 vaccine mandates for HCWs. We assess defenses of COVID-19 vaccine mandates for HCWs from both public health and professional ethics perspectives. We consider public health values, professional obligations of HCWs, and the institutional failures in healthcare throughout the COVID-19 pandemic which have impacted the lived experiences of HCWs. We argue (...) that, despite the compelling urgency of maximizing COVID-19 vaccine uptake among HCWs, the ethical case for COVID-19 vaccine mandates for HCWs in the United States is complex, and, under current circumstances, inconclusive. Nevertheless, we recognize that COVID-19 vaccine mandates for HCWs have already been and will continue to be implemented across many healthcare institutions. Given such context, we provide suggestions for implementing COVID-19 vaccine mandates for HCWs. (shrink)

Schelling’s System of Transcendental Idealism is usually considered to be either (1) an early Fichtean-influenced work that gives little insight into Schelling’s philosophy or (2) a text focusing on self-consciousness and aesthetics. I argue that Schelling’s System develops a subtle conception of history which originates in a dialogue with Kant and Hegel (concerning the question of teleology) and concludes in proximity to an Idealist version of Spinoza. In this way, Schelling develops a philosophy of history which is, simultaneously, a dialectical (...) engagement with the history of philosophy. (shrink)

The goal of Hegel's Phenomenology of Spirit is to achieve absolute knowing. Minimally, knowing can be absolute only if it is unconditioned or unlimited; that is, only if it is not essentially contrasted with some other possible knowing—say, God's—or is not restricted such that it necessarily does not pertain to certain items—say, freedom of the will, the immortality of the soul, or God. Knowing can be absolute only if these items, appropriately interpreted, are within its scope. However, if it can (...) be shown that human knowing is not limited or restricted in either of these two ways, it would then follow that we cannot contrast our conceptual scheme—human knowing as such—with the world, and, hence, we cannot even notionally contrast human knowledge of appearances with things in themselves. Initially, it is in this quite narrow sense that Hegel's project in the Phenomenology is to transform Kant's subjective or limited idealism into objective or absolute idealism by showing that items Kant took to be necessarily extrinsic to human knowing are intrinsic and constitutive of it. Thus, if we were to translate Hegel's dictum that the ground of science in general is "pure self-recognition in absolute otherness" back into Kant's lexicon, it would state that we achieve full apperceptive self-awareness, full categorial selfawareness of ourselves as knowers, only in the thing in itself. Within Hegel's own system, achieving the standpoint of absolute knowing is a necessary condition for doing logical science, and, by implication, the first part of the system as a whole, because only by demonstrating that the necessary conditions of human knowing cannot, even notionally, be contrasted with the world in itself is it possible to then work out a system of logical categories that are simultaneously categories of thought and categories of being. (shrink)

What is the relation between philosophical categories and everyday experience? Can an effectively first-person account of an historical experience rise to the level of a philosophical argument? This essay argues that Jean Amery’s account of his sufferings under the Nazis intends to generate a justificatory argument, a transcendental deduction of sorts, for the category of ”resentment’ against its philosophical critics, most importantly, Nietzsche.