In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.

The aim of this article is to explore some aspects of the significance of Simone Weil's work for the question of reconciliation. Focusing on Weil's notion of power, and investigating its plausibility, the article argues that her thinking is less useful than is sometimes supposed for grounding a cosmopolitan ethic. It further argues that Weil's philosophical outlook, with its emphasis on loving everything that happens as an expression of God's will, is in danger of being incapable of taking seriously (...) others' suffering. By picking up on the themes of punishment and forgiveness in her work, it is contended that she does not have readily available a proper conception in this context of our status as political agents. However, it is suggested that there is to be found a more promising line on reconciliation in her work in the notion of luck, and that this concept is one that, more generally, may have a more important role to play in understanding reconciliation than is often supposed. (shrink)

This paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a (...) proper understanding of both liberalism and retributive punishment allows us to dissolve some of the tensions whilst also bringing each position into sharper relief. The paper begins by introducing the liberal position and outlining the apparent tensions that may arise with retributive punishment. In so doing, there is also a brief discussion of how this debate relates to the more familiar dispute between legal moralists and their opponents. The paper then proceeds by considering each of the areas of tension in turn. (shrink)

While punishment is a longstanding object of philosophical scrutiny, other controversial aspects of the justice system, such as policing, have flown under the radar. In this paper, we consider possible reasons why philosophers interested in crime and punishment have neglected policing. We make the case for a broader account of the political morality of the justice system, with a particular emphasis on policing. We sketch the outlines of an egalitarian version of such a theory, highlighting parallels (...) between policing and the welfare state. Finally, we turn to recent calls for police abolition. Evaluating such radical claims requires, we argue, going beyond the traditional confines of the philosophy of punishment and considering a more holistic and interdisciplinary theory of criminal justice. (shrink)

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall (...) argue that there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate (...) how idealized discussions of deterrence, rehabilitation, and retribution often ignore the relationship between punishment and social/political power, and thus systematically obscure morally significant aspects of our broader penal practices. (shrink)

Is there a punishment for violating the natural law? This important question has been neglected in the scholarship on Thomistic natural law theory. I show that there is a three-fold punishment proper to the natural law; the remorse of conscience, the inability to be a friend to oneself, and the inability to be a friend to another work in concert to provide a natural penalty for moral wrongdoing. In order to establish these points, I first analyze sources of (...) St. Thomas Aquinas’s natural law theory by discussing St. Augustine’s notion of law and fundamental ideas in Aristotle’s political philosophy. Next, I show how Aquinas unites aspects of Augustinian and Aristotelian thought in his treatment of natural law and thereby provides a framework for answering our question. Finally, I turn to Plato’s Gorgias and to Aristotle’s discussion of self-love in order to integrate these ideas with Aquinas’s natural law theory. (shrink)

Who or what determines the right to die? Do advancing reproductive technologies change reproductive rights? What forces influence cultural standards of beauty? How do discipline, punishment, and torture reflect our attitudes about the human body? In this challenging new book, Jean Bethke Elshtain, a nationally recognized scholar in political science and philosophy, and J. Timothy Cloyd, a strong new voice in social and political science, have assembled a collection of thought-provoking essays on these issues written by some (...) of the finest minds of our day. (shrink)

The paper examines three aspects of the debate over the introduction of victim impact statements (VIS) in criminal cases. The first is the challenge VIS presents to the wholly public conception of criminal justice, in which the offender is prosecuted, tried and punished in the name of the state and not the individual victim. The second is the claim by supporters of VIS that the enhancement of victim input contributes to repairing an imbalance between offender and victim, created by (...) the crime itself and exacerbated by existing criminal justice processes. The third is the claim that victim impact evidence is necessary to ensure that punishment is properly calibrated to the blameworthiness of the offender. In respect of each question, a key role is played in supporting VIS by two presuppositions: that criminal justice should be thought of as a field of conflict among individuals seeking their due, and that the courts suffer an institutional deficiency of human understanding that requires a special remedy. The paper argues that the case for VIS is seriously weakened if these presuppositions are not accepted, and draws attention to their derivation from a wider political culture characterised by the dominance of neo-liberalism or market individualism. (shrink)

This book examines the extremely important issue of the consistency of medical involvement in ending lives in medicine, law and war. It uses philosophical theory to show why medical doctors may be involved at different stages of the capital punishment process. The author uses the theories of Emmanuel Kant and John S. Mill, combined with Gerwith's principle of generic consistency, to concretize ethics in capital punishment practice. This book does not discuss the moral justification of capital punishment, (...) but rather looks at the possible forms of involvement and shows why consistency would demand medical involvement. The author takes a general approach, using arguments that may apply universally. The book broaches different academic fields, such as medicine, ethics, business, politics and defense. The Ethics of Medical Involvement in Capital Punishment is of interest to students, teachers, lecturers and researchers working in the areas of capital punishment, medical, legal and business ethics, and political philosophy. (shrink)

Using deconstruction, this book approaches contemporary problems raised by technologies of life and death from cloning to capital punishment; and thereby, provides new insights into current debates from a perspective outside of mainstream philosophy with its assumptions of individual and political sovereignty.

ABSTRACTAt the heart of the criminal reform proposed in Cesare Beccaria’s 1764 Dei delitti e delle pene are the principles of penal parsimony derived from a precise interpretation of the social contract. Punishment, being no more than a necessary evil devoid of any intrinsic virtue, must serve no more than a preventative function to the smallest possible extent; its application strictly bound by the principle of legality. Beccaria’s criminal philosophy, therefore, attempts to drastically reduce the power of the penal (...) institution. After recounting its principal aspects, this article seeks to propose a new interpretation of Beccaria’s theory from the perspective of its historical context. The Italian Enlightenment philosopher did not so much express indignation against the barbarism of the Milanese penal system, but rather instigate a rebellion against the political dominance of its patriciate, whose power had long been validated by its juridical functions. In this respect, Beccaria sought to combat the political hegemony of the jurists, concluding his treatise by excluding juridical thought from, and thus removing the intellectual foundations of, the practice of criminal law. (shrink)

In my recent book Liberalism with Excellence, I have expounded at length a conception of warranted self-respect. That conception, which draws heavily though far from uncritically on the scattered passages about self-respect in the writings of John Rawls, is central to my defense of a variety of liberalism that combines and transfigures certain aspects of Rawlsianism and perfectionism. However, it is also central to the positions taken in some earlier books of mine on capital punishment and torture. Although (...) my understanding of warranted self-respect was presented far more briefly or obliquely in each of those earlier books than in Liberalism with Excellence, it in fact underlies both my limited defense of the death penalty and my absolutist insistence that the use of interrogational torture is never morally permissible. The present paper will recount the gist of my conception of warranted self-respect and will then explain how that conception figures pivotally in my ruminations on the diverse matters of political morality that have been mentioned here. (shrink)

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions (...) of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment. (shrink)

This paper argues that Han Fei provides us with a theory of punishment that needs not rely upon any sort of moral justification. Furthermore, feelings, including those of disgust, resentment, and anger, are completely irrelevant to the question of punishment. Rather, punishment is simply seen as a mechanistic tool that is employed when some aspect of the political system breaks down, such as when a minister’s proposals do not match their deeds or their deeds do not (...) match their job description. These ideas are quite closely tied to his views on desert, a concept of desert quite different from what we see in the West. Not only does his view lack certain elements that Western desert theorists such as Joel Feinberg consider essential to the very concept of desert, he is quite conscious of this lack and provides a defense of his view. In particular, he offers a conception of desert that does not require that it be conceptually and morally prior to social institutions. As such, Han Fei provides us with a unique lens through which to analyze punishment and its justification that is importantly different from either retributivist or consequentialist justifications. (shrink)

In this response essay, Ceva and Ferretti reply to their critics and clarify some key aspects of their book. Specifically, the discussion starts by elaborating on the notion of an ethics of office accountability, explaining that the specification of institutional norms of officeholders behaviour is the result of practices of officeholders' interaction (including democratic practices) and reflection. The second theme is the responsibility for political corruption. The authors emphasise the importance of focussing not only on retrospective responsibility, for (...) the sake of punishing corrupt behaviour, but especially on accountability as a form of self-reflection by the officeholders on the weaknesses of their institutional work together. This exercise is preliminary to their assuming forward-looking responsibilities for anti-corruption. The third and final part discusses political corruption as a specifically interactive wrong. For the authors, the magnitude and moral salience of the wrong of corruption, as well as the different wrongs implicated both from an interactive perspective and in consideration of the harm caused to third parties, must be assessed in light of the context and the moral standing of the public institution in question. In this sense, political corruption is a pro tanto wrong. (shrink)

Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.

Never neglecting the theological psychology which underlies the Augustinian outlook, Deane interprets his political theory in terms of two conflicting tendencies. The dominant one is his "politics of imperfection" according to which the state has the negative functions of keeping peace and punishing overt evil. But there gradually emerges alongside it a theocratic view of the state according to which it can serve as an arm of the church in suppressing heresy. While noting that it was the latter aspect (...) which received more development in the Middle Ages, Deane suggests that the contemporary relevance of Augustine's theory is the realism which pervades the former. In the light of the scattered nature of Augustine's writing on political questions, the extensive quotation both in the text and in notes is quite useful.—M. W. (shrink)

Jus post Bellum is, like Jus ad Bellum and Jus in Bello, a part of just war theory. Jus post Bellum is distinguished from the other parts of just war theory by being primarily concerned with the principles necessary for securing a just and lasting peace after the end of a war. Traditionally, jus post bellum has focused primarily on three goals: [1] compensating those who have been the victims of unjust aggression, while respecting the rights of the aggressors, [2] (...) punishing and rehabilitating those guilty of war crimes and other violations of the principles of Jus ad Bellum and Jus in Bello and [3] developing measures that will prevent future war and violence (Orend 2000 and May 2012). In this chapter, I outline an account of political forgiveness and explain the role that political forgiveness can have in promoting the goals of jus post bellum. My conception of political forgiveness requires some unpacking. Let me begin with individual forgiveness, which I understand along familiar Butlerian lines as the renunciation of resentment (Butler, Sermon IX in McNaughton 2017: 75-83), though with a bit of a twist. More exactly, ● An individual, I, forgives J for doing F if and only if I renounces all her own warrant for resenting J for doing F. Resentment is a judgment-sensitive attitude, and, therefore, it tends to track judgments concerning its warrant (Scanlon 1998: 20 and Smith 2015). In cases of perfect forgiveness, I’s renunciation causes her to cease feeling resentment toward J for doing F, though, of course, less perfect cases are possible. I reject the idea that there is a sharp discontinuity between individual and political forgiveness, a position argued for by, e.g., Peter Digeser (1998 and 2001). By contrast, I understand political forgiveness as the renunciation of resentment by the relevant political body in question. With greater precision, ● A sovereign political body, P, forgives J for doing F if and only if P renounces all warrant that its citizens have for resenting, as part of their public lives, J for doing F. A little more explanation is in order. Sovereign political bodies, such as national governments, claim degrees of control over the lives of their citizens, in both their public and their private aspects, though the claims with respect to the former tend to be considerably more expansive than the claims with respect to the latter. I assume here that, at least in the case of legitimate governments, these claims of control are often valid. Such governments may reasonably renounce certain grounds for motivating action in the public sphere. For example, governments may renounce all warrant that its citizens have, as part of their public lives, for hating members of marginalized groups. In practice, this means that, while citizens might continue to act in their private lives out of hatred for members of these groups, their appeal to this hatred is seen by the state as irrelevant to matters of law and public policy as well as being wholly out-of-place in public discourse. Political forgiveness toward J for doing F, as I understand it, involves an analogous rejection of resentment, on the part of citizens in their public lives, toward J for doing F. I turn now to the matter of how political forgiveness supports securing a just and lasting peace between former belligerents. With respect to the first goal of jus post bellum, political forgiveness helps to balance compensation for victims and respect for the rights of defeated aggressors by countering the all-too-human tendency to overvalue harms done to oneself and to members of one’s group. As regards the second goal, political forgiveness plays a similar role but also provides a model for rehabilitation by exemplifying among the victorious the behavior to be emulated by the vanquished. Finally, political forgiveness promotes the third goal of jus post bellum by providing a space for nations to meet as moral equals rather than allowing one nation to have the moral high ground over the other. None of this, of course, means that political forgiveness should be unearned or that it should be confused with condonation (Kolnai 1973 and Pettigrove 2004). However, the question of what is required to put oneself in a position to be forgiven as part of jus post bellum is a matter that goes beyond the scope of this chapter. (shrink)

Normal 0 21 false false false ES-CO X-NONE X-NONE MicrosoftInternetExplorer4 In this paper we study the Kantian conception of punishment in the Metaphysics of Morals. We look at Foucault’s reformulation of the right to punish which is mostly a critique of the kantian conception. Then we introduce the conception of restorative justice grounded on the social ideal of recognition, which corrects certain aspects of the Kantian conception, but gives to justice its status of an institution rather than being (...) a critique of it. (shrink)

The goal of this essay is to explore "the highly contested nature of [decision-making through adopting] a historically comparative and interdisciplinary approach." Internalist history of game theory treats decision theory as a science of making choices to maximize expected gain. Game theory is applied to nuclear deterrence and military strategy, building markets and designing institutions, analyzing collective action, developing jurisprudence, and addressing crime and punishment. This essay draws on recent historiography of Cold War decision-making to draw into focus the (...) constructive aspects of decision theory to argue that the perceived need to avoid worst-case scenarios has instead contributed to a world in which the worst outcome is probabilistically assured to occur over the long duree timeframe. (shrink)

Extremists are people whose ideas or tactics are viewed as outside the mainstream. Looked at this way, extremists are not necessarily twisted or evil. But they can be, especially when they are intolerant and violent. What makes extremists turn violent? This 2006 book assumes that extremists are rational: given their ends, they choose the best means to achieve them. The analysis explains why extremist leaders use the tactics they do, and why they are often insensitive to punishment and to (...) loss of life. It also explains how rational people can be motivated to die for the cause. The book covers different aspects of extremism such as revolution, suicide terrorism, and global jihad. The arguments are illustrated with important episodes of extremism, including the French Revolution, the rise of nationalism in Yugoslavia under Milosevic, and the emergence of suicide terror and Al Qaeda today. (shrink)

This paper brings to light an unexplored aspect of Hobbes’s argument that political authority rests upon subjects’ consent. Consent enacts a transfer of subjects’ right of nature to the sovereign, yet she already possesses a natural right to everything. What moral difference, then, does this make to her possession of power, and how? In my reading, the difference lies in the rise of new obligations befalling the sovereign by means of an indirect mechanism: That many individuals, hoping for safety, (...) transfer their right of nature to the sovereign triggers an obligation for her to accept the role of a ruler and perform the duties attached to it, for the sake of the peace enjoined by the laws of nature. This reading should also confirm the possibility of a consensual foundation for the Hobbesian right to punish and shed new light on Hobbes’s notion of tacit consent. (shrink)

Morality is an abstract consideration, and language is an important regulator of abstract thought. In instances of moral ambiguity, individuals may pay particular attention to matters of interactional justice. Politeness in language has been linked to greater perceptions of social distance, which we contend is instrumental in regulating attitudes toward a brand. We posit that politeness in a brand’s advertising will impact consumers who are attuned to violations of interactional justice [i.e., those with low belief in a just world ]. (...) In three studies, we demonstrate that the politeness used in advertising as well as consumers’ individual differences in BJW affect judgments and attitudes toward brands. Specifically, individuals with a low just world belief are more likely to harbor negative attitudes towards a brand with ethically ambiguous business practices if the language used in advertising is impersonal than when the language used in advertising is personal. Importantly, for individuals with a low BJW, lowered trust due to the advertisement’s language mediated the relationship between politeness and attitudes toward the brand. Theoretical and managerial implications of this research are discussed. (shrink)

Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The (...) first part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself. (shrink)

While the value of early detection of dementia is largely agreed upon, population-based screening as a means of early detection is controversial. This controversial status means that such screening is not recommended in most national dementia plans. Some current practices, however, resemble screening but are labelled “case-finding” or “detection of cognitive impairment”. Labelled as such, they may avoid the ethical scrutiny that population-based screening may be subject to. This article examines conceptualizations of screening and case-finding. It shows how the definitions (...) and delimitations of the concepts (the _what_ of screening) are drawn into the ethical, political, and practical dimensions that screening assessment criteria or principles are intended to clarify and control (the _how_ of screening, how it is and how it should be performed). As a result, different conceptualizations of screening provide the opportunity to rethink what ethical assessments should take place: the conceptualizations have different ethico-political implications. The article argues that population-based systematic screening, population-based opportunistic screening, and case-finding should be clearly distinguished. (shrink)

The absence of appropriate information about imperceptible and ethical food characteristics limits the opportunities for concerned consumer/citizens to take ethical issues into account during their inescapable food consumption. It also fuels trust crises between producers and consumers, hinders the optimal embedment of innovative technologies, “punishes” in the market ethical producers, and limits the opportunities for politically liberal democratic governance. This paper outlines a framework for the ethical characterization and subsequent optimization of foods (ECHO). The framework applies to “imperceptible,” “pragmatic,” and (...) “reasonable” food characteristics about which consumers/citizens maintain concerns. A political perspective is assumed in that valid information is taken to serve the politically liberal and democratic functions of the market by allowing concerned citizens to make informed choices in their role as food consumers. Information is aggregated by multi-attribute modeling. It takes the form of “maximized” (“utilitarian”) to “most balanced” (MINMAX) non-binary aggregate comparative rankings of perceptibly substitutable food products. The model requires the description of characteristics by means of criteria and weights (structural input), and technical input on the performance of food for these criteria (product input). Structural input is grounded on relevantly concerned citizen/consumers’ perceptions. It is culture and times dependent. Availability of product input is assumed. Uses for the amelioration of the aforementioned limitations are discussed. So long as, and to the extent that, certain ethical concerns are not addressed by public policy, the ECHO framework may facilitate offering members of society a necessary (though not a sufficient) condition for regulating the ethical aspects of food production in self-regulated markets as consumers, when they are constrained to do so through their government as citizens. In doing that, the framework may contribute to the development of the ethical dimension of food production and may bring rewards for food supply actors that take reasonable concerns of citizen/consumers into account. (shrink)

This article examines a population-based opportunistic screening practice for cognitive impairment that takes place at a hospital in Sweden. At the hospital, there is a routine in place that stipulates that all patients over the age of 65 who are admitted to the ward will be offered testing for cognitive impairment, unless they have been tested within the last six months or have been diagnosed with any form of cognitive impairment. However, our analysis shows that this routine is not universally (...) and mechanically applied. Rather, the health care professionals have developed and use an ethico-political judgment, concerning, for example,whomto test,whento offer the tests, andhowto explain and perform them. This article explores the role and practice of this form of judgment, emphasising its political and ethical nature. The analysis is based on qualitative interviews with professionals and patients, and draws on the theories of Aristotle and Hannah Arendt. (shrink)

This volume consists of nine essays on the political teaching of such Muslim philosophers as al-Kindi and al-Razi, as well as the more familiar al-Fârâbî, ...

Mathews, Race This essay - appearing in two parts - examines aspects of the early and middle phases of the episcopate of Archbishop Daniel Mannix, in the context of a wider study of responses to Catholic social teachings in Victoria between 1891 and 1966. Part I dealt mainly with Mannix's significance and early life, and the focus in Part II is on the episcopate up to and including the onset of the Great Depression.

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same (...) strength and coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Force and Freedom: Kant’s Legal and Political PhilosophyAlyssa R. BernsteinArthur Ripstein. Force and Freedom: Kant’s Legal and Political Philosophy. Cambridge, MA-London: Harvard University Press, 2009. Pp. xiii + 399. Cloth, $49.95.This superb, exemplary account of Immanuel Kant’s legal and political philosophy is essential reading not only for Kant scholars, but also for political philosophers and philosophers of law. Lucidly reasoned and written with crystalline (...) clarity, the book is both accessible to non-specialists and a pleasure to read. Ripstein reveals the coherent, systematic structure of thought in Kant’s obscurely written Doctrine of Right, and goes beyond illumination to defense and development of Kant’s conception of equal freedom. In the course of doing all of this, he not only presents Kant in historical context, but also brings to light important differences between Kant’s views and those of other political philosophers and philosophers of law, including John Locke, John Stuart Mill, H. L. A. Hart, and Ronald Dworkin, often enriching the discussion by referring to decisions or arguments made by courts in the U.S. or elsewhere. Ripstein shows that it is unjustifiable to exclude Kant from the primary canon of political philosophy, as is typical of current English-language teaching and scholarship.State governments both tell people what to do and force them to do as they are told; they also claim rights to do these things. Yet people claim the right to be free. Can these claims be consistent? Ripstein argues that Kant shows that they can. By working out the implications of the entitlement to be independent, one’s own master, and free from domination by others, Kant develops answers to the basic questions of political philosophy, addressing state legitimacy, the rule of law, political obligation, revolution, punishment, private property, taxation, and redistribution.The book begins with an overview chapter, followed by a chapter on what Kant calls the “innate right of humanity” in one’s own person, which is the right to be independent. Topics of private right are then addressed in three chapters, with topics of public right in five subsequent chapters, building on the previous ones. A central, bridging chapter explains Kant’s account of the transition from private right to public right, thus his account of political authority, which takes the form of arguments about the state of nature, its defects, and the need for the legal and political institutions of a state. The book ends with an appendix in which Ripstein explains the relation between the Universal Principle of Right and the Categorical Imperative.The right to independence is an original right in the sense that it does not require establishment by any affirmative act, Ripstein explains. Persons capable of acquiring rights through their actions must have the capacity to act in ways that have consequences for rights and thus for others’ conduct. Therefore, any system of rights must presuppose some basic moral capacities that do not depend on antecedent acts on the part of the person exercising them, and thus must presuppose the “innate right” to one’s own person. Each person’s entitlement to independence from another’s choice is the basis of all further rights. It sets restrictions on the capacity to acquire new rights and structures the rights [End Page 531] that each person can acquire. It also imposes duties on the state and restricts the means it can use for achieving its purposes. Equal freedom, understood in terms of restrictions on coercion, governs both private right and public right.In a system of equal freedom, each person is free to use his or her own powers, individually or cooperatively, in order to pursue his or her own purposes, and each person decides what ends to pursue with his or her own means. The right to such independence is an aspect of one’s status as a person in relation to other persons; within a system of reciprocal limits on freedom, it is an entitlement that restricts the conduct of others, consistent with everyone being subject to the same restrictions. It can be violated only by others’ conduct. The sole point of a system of equal freedom is... (shrink)

The author describes Heller’s concept of ethics as a “quasi-sphere” intersecting with various fields relating to human relationships. Special attention is paid to the axiological aspects of her concept of ethics and the relationship between virtues and responsibility. The author also seeks to show how Heller integrated a traditional philosophical question—the relationship between “is” and “ought to be”—into her concept of “radical philosophy” at an earlier stage in the development of her philosophy. She initially considered the relationship between “is” (...) and “ought to be” to be contrasting. Later, when she had come to accept the political model of liberal capitalist society, the ideal of all-compassing equality became the ideal of “equality of opportunities”. The author interprets this shift as one in which the relationship becomes continual. He is also critical of Heller’s underestimation of the effect the “social a priori” has on the possibilities of human life. (shrink)

The political passages in Polanyi’s Personal Knowledge are an integral part of his arguments against ‘objectivism’ and/or a post-critical, personalist, fiduciary and fallibilist philosophy. This paper elaboratesthe social and political implications of Polanyi’s emphasis upon acceptance of one’s situation and the exercise in it of a sense of responsibility to transcendent ideals, as against attempts to start with a clean slate, to overcome all imperfections and to find some simple rule for political policy. Prescriptive duties and rights, (...) and mutual trust and solidarity, are the bases of politics, anti responsible action must start with them. But much of modern politics expresses a Gnostic impatience of our created and finite existence which results in arbitrary commitment to some radical and destructive ideology. (shrink)

Sustainable Development Goal (SDG) 2 relates to ending hunger, achieving food security and improving nutrition, and promoting sustainable agriculture. The SDGs mention only a few political indicators and SDG2 in particular is largely devoid of political considerations to end hunger and achieve food security. Nobel Laureate Amartya Sen famously observed the absence of famine in democracies, suggesting that a democratic system provides checks and balances that prevent famine. His observation has elicited further debate and triggered empirical studies in (...) recent years. Going beyond Sen’s hypothesis, this essay examines other political factors that would explain vulnerability to famine and that need to be addressed more explicitly in SDG 2 and similar initiatives. By taking the case of pastoralists in the Afar region of Ethiopia, this research explores selected political determinants of vulnerability to famine. The Eritrea-Ethiopia war and the ensuing border closure have had a detrimental effect on the livelihood of pastoralists in Afar – many pastoralists were deprived of a market and a reliable source of income. In addition, Afar pastoralists were sidelined from the informal salt sector on which they used to rely. The state facilitated this expropriation, leaving pastoralists even more vulnerable to famine. I argue that political considerations are crucial in successfully ending hunger and achieving food security. The essay uses a qualitative case study design and is based on a PhD dissertation. (shrink)