Compromises are arrived at when, in spite of the efforts of those participating to mediate and defend their position in a rationally acceptable manner, each remains with his judgment while, at the same time, a decision must be made without further delay. What this means is that the parties agree to an option about which they are not, in their heart of hearts, entirely convinced. This article examines the notion of moral compromise, concentrating thereby on the case of political praxis. (...) It asks whether, in view of the complexity and multiplicity of morally relevant decisions encountered in a pluralist society, it is at all realistic to expect much else from political institutions than what Rawls dismissively refers to as a modus vivendi and whether a conception of justice that is true or reasonable only given the reasonable pluralism of comprehensive doctrines is still a conception of justice, and not simply a compromise between the contending doctrines. (shrink)

Wir reden gelegentlich von Kompromissen, die wir mit uns selbst schließen. Aber ist diese Rede angemessen oder gar berechtigt? Schließlich lassen sich wesentliche Merkmale von Kompromissen mit anderen nicht auf das Selbstverhältnis einer Person übertragen. Dennoch kann sich die Rede unter gewissen Umständen als sinnvoll erweisen. Der Artikel gibt Kriterien dafür an und stellt sich vor allem die Frage, ob und in welcher Hinsicht solche selbstbezüglichen Kompromisse eine Gefahr für die Integrität der Person darstellen.

In 1994, the European Parliament published a resolution on the right of humanitarian intervention. Interestingly, the declaration maintains that such intervention is not in contradiction with international law, although it formulates the concept of right in a way that is translatable into the vocabulary of individual rights. I analyze some implications of the resolution for the mutual duties of states. I thereby focus my attention on two possible applications: by way of Rawls's duty of assistance and by way of the (...) cosmopolitan theory of global distributive justice. I conclude that the latter theory promises better results for protecting individuals' basic rights, but I also show that it is at the cost of a strongly interventionist structure requiring a powerful supranational institution. Finally, I envision the conditions under which such an increase of interventionism in favor of human rights can be acceptable. (shrink)

The moral dilemma at the heart of the theory of just war stems from the contradiction between two opposing duties: on the one hand, the duty to provide aid, as far as possible, to those whose lives are endangered; and, on the other hand, the duty not to endanger the lives of the innocent. The theory of just war resolves this dilemma, firstly by privileging one of these two duties over the other; and secondly, by imposing conditions on justification concerning (...) the principle of discrimination against civilian populations and the principle of proportionality. The principle of proportionality thus acts as a moral constraint on justification. Nevertheless, the notion of proportion still remains vague. The present paper examines the sense and function of this notion, and analyses the underpinnings of its ethical foundation. (shrink)

ZwangDie BegriffeGewalt (s. a. Folter, Krieg, Vergewaltigung) ‚Gewalt‘, ‚Macht‘, ‚Herrschaft‘ oder ‚Zwang‘ sind semantisch sehr eng verknüpft. Der Artikel geht auf den Ursprung des Wortes „Gewalt“ und seine Ambivalenz zurück und fragt unter anderem nach der Beziehung, die Gewalt mit Zwang im rechts- und politisch-philosophischen Sinne unterhält. Individuelle, institutionelleNötigung und strukturelle Gewalt werden auseinandergehalten und ihr Unterschied erläutert. Den Schluss bildet die Frage nach der Rechtfertigung der Gewalt.

Der Ausdruck ‚Krieg‘ kennt keine allgemein anerkannte Definition. Der Krieg ist, mit Clausewitz zu sprechen, eine gesellschaftliche Aktivität zum Zwecke der Regelung politischer Probleme durch Gewaltanwendung. Je nach Gesellschaftsstadium nimmt von daher der Krieg entwicklungsgeschichtlich sehr unterschiedliche Formen an. Nach einer begrifflichen Klärung liefert der Artikel einen Einblick in die Geschichte der Theorie des gerechten Kriegs und in die Begründungen der humanitären Intervention. Er schließt mit einem kurzen Überblick über den Pazifismus ab.

Der Begriff ‚Kompromiss‘ hat seine Wurzeln im lateinischen Kompositum compromissum, compromittere („sich gegenseitig versprechen, eine Entscheidung dem Schiedsrichter zu überlassen“). Spätestens Anfang des 17. Jahrhunderts ist der Kompromiss nicht mehr an den Schiedsspruch eines Dritten gebunden. An dessen Stelle tritt eine pragmatische Vereinbarung zwischen streitenden Parteien. Was die Merkmale des Kompromisses sind und welches sein Verhältnis zu ähnlichen Begriffen wie Schmutzige Hände oder Modus Vivendi ist, wird im Artikel geklärt.

When individual rights, especially constitutional rights, compete with other rights or with a public good, judges and politicians involved in the legislative process or jurisdictional process are expected to balance their decision in such a way that the gain from achieving the goal mitigates the costs of the resulting loss for the parties. Jurists speak of the doctrine of proportionality in connection with this process of balancing. In the proportionality calculus, judges have to evaluate whether the impact on individual rights (...) outweighs the public purpose pursued through a state’s legal activity. I will argue that the procedure of proportionality is similar to the procedure of reaching a compromise. More precisely, I will defend that compromise is a special case of the principle of proportionality, for it applies when claims cannot be balanced or in the absence of an overarching principle on which all the parties agree. With this, I aim to show the connection between the principle of proportionality and compromises without conflating these two concepts, and to offer new perspectives on the discussion of proportionality as it is used in the legal context. (shrink)

The Monographs produced by the International Agency for Research on Cancer (IARC) apply rigorous procedures for the scientific review and evaluation of carcinogenic hazards by independent experts. The Preamble to the IARC Monographs, which outlines these procedures, was updated in 2019, following recommendations of a 2018 expert Advisory Group. This article presents the key features of the updated Preamble, a major milestone that will enable IARC to take advantage of recent scientific and procedural advances made during the 12 years since (...) the last Preamble amendments. The updated Preamble formalizes important developments already being pioneered in the Monographs Programme. These developments were taken forward in a clarified and strengthened process for identifying, reviewing, evaluating and integrating evidence to identify causes of human cancer. The advancements adopted include strengthening of systematic review methodologies; greater emphasis on mechanistic evidence, based on key characteristics of carcinogens; greater consideration of quality and informativeness in the critical evaluation of epidemiological studies, including their exposure assessment methods; improved harmonization of evaluation criteria for the different evidence streams; and a single-step process of integrating evidence on cancer in humans, cancer in experimental animals and mechanisms for reaching overall evaluations. In all, the updated Preamble underpins a stronger and more transparent method for the identification of carcinogenic hazards, the essential first step in cancer prevention. (shrink)

Psychedelic Harm Reduction and Integration is a transtheoretical and transdiagnostic clinical approach to working with patients who are using or considering using psychedelics in any context. The ongoing discussion of psychedelics in academic research and mainstream media, coupled with recent law enforcement deprioritization of psychedelics and compassionate use approvals for psychedelic-assisted therapy, make this model exceedingly timely. Given the prevalence of psychedelic use, the therapeutic potential of psychedelics, and the unique cultural and historical context in which psychedelics are placed, it (...) is important that mental health providers have an understanding of the unique motivations, experiences, and needs of people who use them. PHRI incorporates elements of harm reduction psychotherapy and psychedelic-assisted psychotherapy, and can be applied in both brief and ongoing psychotherapy interactions. PHRI represents a shift away from assessment limited to untoward outcomes of psychedelic use and abstinence-based addiction treatment paradigms and toward a stance of compassionate, destigmatizing acceptance of patients' choices. Considerations for assessment, preparation, and working with difficult experiences are presented. (shrink)

The historical profession is not noted for examining its own methodologies. Indeed, most historians are averse to historical theory. In "Historical Judgement" Jonathan Gorman's response to this state of affairs is to argue that if we want to characterize a discipline, we need to look to persons who successfully occupy the role of being practitioners of that discipline. So to model historiography we must do so from the views of historians. Gorman begins by showing what it is (...) to model a discipline by using recent philosophy of law and philosophy of science. There are different models at work, whose rivalry and resolution are to be historically understood. With this approach in place he is able to develop the history of historiography and explore the character of historiography as presented by historians. He reveals that historians conform to various norms - that historians now and in the past have agreed and disagreed about the same set of interrelated matters: truth-telling, moral judgement and the synthesis of facts - and it is this internal understanding that we need to recover if we are to arrive at a correct characterization of the discipline of historiography. Demonstrating how the practice of historiography requires choices and therefore the exercise of judgement, Gorman is able to show that in their making of judgements historians enjoy the immense benefit of hindsight. He shows how, in reflecting on their own discipline, historians have typically failed to attend adequately to the history of historiography, neglecting to situate previous historians within their historical contexts, or to pay adequate attention to the fact that present historians, too, are within a context that will change. In addition, Gorman's approach, which emphasizes the power and necessity of choice, and which rests on the pragmatic holistic empiricism of Quine, shows postmodernism not to be the threat that some historians feel it to be, indeed, it is shown to be a radical form of empiricism. Gorman shows how the historical enterprise may be established in our factual and moral understanding in the light of our choices and commitments to a shared world. "Historical Judgement" is an original and important contribution to the philosophy of history. By bringing together the ideas of historians and philosophers, Gorman presents a much more practitioner-focused examination of the discipline of history, one that will, hopefully, encourage historians to think more about the nature of what they do. (shrink)

In "Rights and Reason", Jonathan Gorman sets discussion of the 'rights debate' within a wide-ranging philosophical and historical framework. Drawing on positions in epistemology, metaphysics and the theory of human nature as well as on the ideas of canonical thinkers, Gorman provides an introduction to the philosophy of rights that is firmly grounded in the history of philosophy as well as the concerns of contemporary political and legal philosophy. The book gives readers a clear sense that, just (...) as there are arguments about the content of rights, and just as there are myriad claims to rights, so there are pluralities of theories of rights that offer some understanding of the moral and legal realm and of the place rights may hold within it. Gorman argues that in a pluralist context of inconsistent rights we require pragmatic procedures rather than universal principles of justice to resolve conflicting claims. (shrink)

The historical profession is not noted for examining its own methodologies. Indeed, most historians are averse to historical theory. In "Historical Judgement" Jonathan Gorman's response to this state of affairs is to argue that if we want to characterize a discipline, we need to look to persons who successfully occupy the role of being practitioners of that discipline. So to model historiography we must do so from the views of historians. Gorman begins by showing what it is (...) to model a discipline by using recent philosophy of law and philosophy of science. There are different models at work, whose rivalry and resolution are to be historically understood. With this approach in place he is able to develop the history of historiography and explore the character of historiography as presented by historians. He reveals that historians conform to various norms - that historians now and in the past have agreed and disagreed about the same set of interrelated matters: truth-telling, moral judgement and the synthesis of facts - and it is this internal understanding that we need to recover if we are to arrive at a correct characterization of the discipline of historiography. Demonstrating how the practice of historiography requires choices and therefore the exercise of judgement, Gorman is able to show that in their making of judgements historians enjoy the immense benefit of hindsight. He shows how, in reflecting on their own discipline, historians have typically failed to attend adequately to the history of historiography, neglecting to situate previous historians within their historical contexts, or to pay adequate attention to the fact that present historians, too, are within a context that will change. In addition, Gorman's approach, which emphasizes the power and necessity of choice, and which rests on the pragmatic holistic empiricism of Quine, shows postmodernism not to be the threat that some historians feel it to be, indeed, it is shown to be a radical form of empiricism. Gorman shows how the historical enterprise may be established in our factual and moral understanding in the light of our choices and commitments to a shared world. "Historical Judgement" is an original and important contribution to the philosophy of history. By bringing together the ideas of historians and philosophers, Gorman presents a much more practitioner-focused examination of the discipline of history, one that will, hopefully, encourage historians to think more about the nature of what they do. (shrink)

We need to specify what ethical responsibility historians, as historians, owe, and to whom. We should distinguish between natural duties and obligations, and recognize that historians' ethical responsibility is of the latter kind. We can discover this responsibility by using the concept of “accountability”. Historical knowledge is central. Historians' central ethical responsibility is that they ought to tell the objective truth. This is not a duty shared with everybody, for the right to truth varies with the audience. Being a historian (...) is essentially a matter of searching for historical knowledge as part of an obligation voluntarily undertaken to give truth to those who have a right to it. On a democratic understanding, people need and are entitled to an objective understanding of the historical processes in which they live. Factual knowledge and judgments of value are both required, whatever philosophical view we might have of the possibility of a principled distinction between them. Historians owe historical truth not only to the living but to the dead. Historians should judge when that is called for, but they should not distort historical facts. The rejection of postmodernism's moralism does not free historians from moral duties. Historians and moral philosophers alike are able to make dispassionate moral judgments, but those who feel untrained should be educated in moral understanding. We must ensure the moral and social responsibility of historical knowledge. As philosophers of history, we need a rational reconstruction of moral judgments in history to help with this. (shrink)

Krzysztof Brzechczyn’s important collection around Roth’s “revival” stimulates thought about the approaches adopted by analytical philosophers of history. Roth revives Danto’s 1965 pragmatic “constructivist” insights: in a narrative, earlier “events under a description” are described in terms of possibly unknowable later ones and, following Mink, in terms of possibly unknowable later concepts. Roth thinks of the resulting narrative explanation as justified in virtue of its constituting the object explained. However, earlier analytical philosophers of history faced different issues and adopted two (...) different approaches: the positivist logical empiricist analysis used by Hempel and the nonpositivist “ordinary language” conceptual analysis of Oxford linguistic philosophers used by Dray. Hempel’s Hume-sourced model of historical explanation set a scientific standard to be achieved, while Dray “tested” that analysis against historiographical practice. Both dubiously made “explanation” epistemologically central, as does Roth. Neither they nor later “narrativists” saw that more problematic was “compositionality”, the Hume-sourced view that the meanings of narratives were fully given by the meanings of their constituent sentences. (shrink)

The essays in this volume, written by a mix of well-established and younger philosophers, bridge divides between historical and systematic approaches in philosophy as well divides between analytical, continental, and American traditions.

_ Source: _Page Count 22 This is an attempt to discover and clarify the philosophical nature of what Eelco Runia claims to be his new and up-to-date philosophy of history, a programme offered in his 2014 book _Moved by the Past: Discontinuity and Historical Mutation_. His suggestion that his argument is a “dance” is taken seriously, and following an analysis of historical “meaning” and its time-extended nature it is argued that the book’s presentation commits Runia to a conception of meaning (...) that requires more weight than he allows to the centrality of narrative understanding in history. His attempt to reconnect critical and substantive philosophies of history is analysed and criticised. His apparently inconsistent commitments to both Vico’s _verum-factum_ claim, where we can make history, and to Gumbrecht’s “presence”, where history can make us, is clarified in terms of a pragmatic philosophy that permits Runia to have the psychology-based approach that he relies upon. (shrink)

_ Source: _Volume 11, Issue 2, pp 127 - 148 This is an attempt to discover and clarify the philosophical nature of what Eelco Runia claims to be his new and up-to-date philosophy of history, a programme offered in his 2014 book _Moved by the Past: Discontinuity and Historical Mutation_. His suggestion that his argument is a “dance” is taken seriously, and following an analysis of historical “meaning” and its time-extended nature it is argued that the book’s presentation commits Runia (...) to a conception of meaning that requires more weight than he allows to the centrality of narrative understanding in history. His attempt to reconnect critical and substantive philosophies of history is analysed and criticised. His apparently inconsistent commitments to both Vico’s _verum-factum_ claim, where we can make history, and to Gumbrecht’s “presence”, where history can make us, is clarified in terms of a pragmatic philosophy that permits Runia to have the psychology-based approach that he relies upon. (shrink)

This chapter contains sections titled: References.

Are there independent standards of justice by which we are to measure our activities, or is justice itself to be understood in relativistic terms that vary with locality or historical period? I wish to examine briefly how far two inconsistent positions can both be accepted. I suggest that perhaps our ordinary understanding of reality itself—and in particular political reality—is essentially the outcome of a time of contest, and that there are areas of political reality where matters may be best seen (...) as still being contested. I thus question the need for a single internally consistent point of view, as if it alone were the answer to any particular political problem, and propose that a shared belief that reality is inconsistent may be a viable solution. Using the political scenario of Northern Ireland, I argue that justice requires the deliberate and institutionalised toleration of inconsistent views of the world. (shrink)

This is a pugnacious book, born of ancient controversy and attempting to return the debate to a time before the central jurisprudential questions were set by Hart and other legal positivists. Simmonds addresses those familiar with current analytical philosophy of law: those of us who know our Hart, Fuller, Dworkin, Raz, MacCormick and Kramer, and who perhaps need to have our attention drawn to Plato, Aristotle, Grotius, Hobbes and Kant. Presuming an informed readership, there is no bibliography, and it incorporates (...) ‘substantial extracts from four recent essays’ , but does not say what they are. Overall, his position is that law should be understood as an attempt to realize an archetype of law, an archetype which is a moral ideal. Those suspicious of moral ideals are not likely to find moral archetypes more philosophically acceptable. Yet, if Simmonds is right, we need them in jurisprudence.Simmonds is against the positivist split between …. (shrink)