This book proposes a new paradigm for the interpretation of Plato's early and middle dialogues. Rejecting the usual assumption of a distinct 'Socratic' period in the development of Plato's thought, this view regards the earlier works as deliberate preparation for the exposition of Plato's mature philosophy. Differences between the dialogues do not represent different stages in Plato's own thinking but rather different aspects and moments in the presentation of a new and unfamiliar view of reality. Once the fictional character of (...) the Socratic genre is recognised, there is no reason to regard Plato's early dialogues as representing the philosophy of the historical Socrates. The result is a unified interpretation of all of the dialogues down to the Republic and the Phaedrus. (shrink)

Through criticism and analysis of ancient traditions, Kahn reconstructs the pattern of Anaximander’s thought using historical methods akin to the reconstructive techniques of comparative linguists.

In the modern moral luck debate, Kant is standardly taken to be the enemy of moral luck. My goal in this paper is to show that this is mistaken. The paper is divided into six sections. In the first, I show that participants in the moral luck literature take moral luck to be anathema to Kantian ethics. In the second, I explain the kind of luck I am going to focus on here: consequence luck, a species of resultant luck. In (...) the third, I explain why philosophers have taken Kantian ethics to reject moral luck and, in particular, consequence luck. In the fourth, I explain why these philosophers are mistaken, and I set out Kant’s theoretical framework for consequence luck. In the fifth, I clarify and defend this framework, and in the sixth, I interrogate and attack it. (shrink)

This article is divided into three sections. In the first and second, I examine Sartorio’s account of the causal structure of the famous Thirsty Traveler thought experiment. I argue that this account does not withstand critical scrutiny. In the third, I turn to a novel kind of moral luck that Sartorio uses the Thirsty Traveler to expose. I expand the scope of my argument to look also at other recently proposed categories of moral luck. I argue that these proposals are (...) overhasty. (shrink)

In Wilmot-Smith’s recent ‘Law, “Ought”, and “Can”,’ he argues that legal obligation does not imply ability. In this short reply, I show that Wilmot-Smith’s arguments do not withstand critical scrutiny. In section 1, I attack Wilmot-Smith’s argument for the claim that allowing for impossible obligations makes for a better legal system, and I introduce positive grounds for thinking otherwise. In section 2, I show that, even if Wilmot-Smith had established that impossible obligations make for a better legal system, his subsequent (...) attack on OIC fails. (shrink)

This volume presents a series of essays published by Charles Kahn over a period of forty years, in which he seeks to explicate the ancient Greek concept of ...

Legalistic discourse, lawyers and lawyering had minor representation during the 2011 summer protest events in Israel. In this paper we explore and analyze this phenomena by employing content analysis on various primary and secondary sources, among them structured personal interviews with leaders and major activists involved in the protest, flyers, video recordings made by demonstrators and songs written by them. Our findings show that participants cumulatively produced a pyramid-like structure of social power that is anchored in the enterprise of organizing (...) the protest. Our findings explicate how the non-legalistic and even anti-legalistic discourse of the protest was formed, shaped and generated within the power relations of the protest, and how a pyramid of power produced a new poetics of protest that rejected the traditional poetics of state law. The power relations that generated the discourse regarding state law were embedded in socioeconomic stratification along the divide of center and periphery in Israel. (shrink)

In this strikingly original work, Paul W. Kahn rethinks the meaning of political theology. In a text innovative in both form and substance, he describes an American political theology as a secular inquiry into ultimate meanings sustaining our faith in the popular sovereign. Kahn works out his view through an engagement with Carl Schmitt's 1922 classic, _Political Theology: Four Chapters on the Concept of Sovereignty_. He forces an engagement with Schmitt's four chapters, offering a new version of each (...) that is responsive to the American political imaginary. The result is a contemporary political theology. As in Schmitt's work, sovereignty remains central, yet Kahn shows how popular sovereignty creates an ethos of sacrifice in the modern state. Turning to law, Kahn demonstrates how the line between exception and judicial decision is not as sharp as Schmitt led us to believe. He reminds readers that American political life begins with the revolutionary willingness to sacrifice and that both sacrifice and law continue to ground the American political imagination. Kahn offers a political theology that has at its center the practice of freedom realized in political decisions, legal judgments, and finally in philosophical inquiry itself. (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)

In this essay, I argue that Dewey's version of pragmatism did not allow him to develop a coherent theory of moral education. Dewey maintained that any learning is the matter of an acquisition of habits, and knowledge is a network of such habits. He did not distinguish between the actions and the purpose of these actions. Moreover, he suggested that the virtuousness of actions is contingent on the particular environment of the agent. Dewey's insistence on abstinence from a determination of (...) educational goals together with his conceptual ambiguity about the nature of habits and actions leave his contribution to our insights into moral education wanting. (shrink)

Academic philosophy may have lost its audience, but the traditional subjects of philosophy--love, death, justice, knowledge, and faith--remain as compelling as ever. To reach a new generation, Paul W. Kahn argues that philosophy must take up these fundamental concerns as we find them in contemporary culture. He demonstrates how this can be achieved through a turn to popular film. Discussing such well-known movies as _Forrest Gump_ (1994), _The American President_ (1995), _The Matrix_ (1999), _Memento_ (2000), _The History of Violence_ (...) (2005), _Gran Torino_ (2008), _The Dark Knight_ (2008), _The Road_ (2009), and _Avata_r (2009), Kahn explores powerful archetypes and their hold on us. His inquiry proceeds in two parts. First, he uses film to explore the nature of action and interpretation, arguing that narrative is the critical concept for understanding both. Second, he explores the narratives of politics, family, and faith as they appear in popular films. Engaging with genres as diverse as romantic comedy, slasher film, and pornography, Kahn explores the social imaginary through which we create and maintain a meaningful world. He finds in popular films a new setting for a philosophical inquiry into the timeless themes of sacrifice, innocence, rebirth, law, and love. (shrink)

In this work, Mill reflects on the struggle between liberty and authority and defends the view that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” He questions attempts to limit freedom of conscience and religion, freedom to pursue one’s own interests, and freedom to unite, and he defends a liberal political and social order in which there is considerable room for personal development (...) and freedom of association. This new Broadview Edition demonstrates the ways in which Mill’s intellectual landscape differed markedly from our own, while also drawing attention to the reasons why the work remains relevant and essential reading in the present day. Appendices include antecedents to Mill’s work, critical discussions by his contemporaries, and related writings by Mill. Please note: Broadview offers two separate editions of _On Liberty_. The Kahn edition is particularly relevant to readers who are interested in how the work is situated in the history of political philosophy, whereas the Alexander edition is recommended to those most interested in the work’s Victorian literary and social contexts. (shrink)

In this paper, I argue that Kant gives a philosophically plausible derivation of the general duty of benevolence and that this derivation can be used to show how to derive other general duties of commission with the universalizability tests.The paper is divided into four sections. In the first, I explain Kant’s notion of a general duty. In the second, I introduce the universalizability tests. In the third, I examine and argue against an account in the secondary literature of how to (...) derive general duties from these tests. In the fourth, I look at Kant’s derivation of the duty of benevolence in the Metaphysics of Morals, and I suggest how this reasoning can be extended to other duties. (shrink)

I argue that Kant’s Categorical Imperative should be applied to individual maxim tokens rather than abstract maxim types. The article is divided into five sections. In the first, I explain my thesis. In the second, I show that my thesis disagrees with Rawls. In the third, I argue for my thesis on the basis of the wording of the Categorical Imperative and on the basis of considerations about autonomy. In the fourth, I argue for my thesis on the basis of (...) considerations about the ‘ought implies can’ principle. In the fifth, I provide a summary of the main argumentative moves and also explain some of the philosophical advantages of my thesis. (shrink)

Depuis l'aube des religions et de la philosophie, l'homme se penche sur l'essence de la nature humaine. Aux questions " Qu'est-ce que l'homme? " et " Qu'est-ce que la vie? " s'ajoute dorénavant cette interrogation " Que faisons-nous de nos connaissances? ". " Il faudrait être capable d'être à la hauteur de l'aventure humaine... Tel est le véritable enjeu de la révolution biologique. Elle nous contraint de revoir notre système de valeurs et nous oblige à redéfinir le statut de la (...) technique et de la connaissance. " Cet entretien réalisé par Christian Godin, de deux personnalités reconnues pour leurs compétences, l'un comme biologiste, l'autre comme philosophe est un dialogue sur leurs différends : le scientifique demande une définition de normes bioéthiques, le philosophe s'inquiète de règles pouvant entraver la liberté de recherche. Mais l'un et l'autre tentent de répondre à " l'inquiétude sociale se développant autour des sciences " selon l'expression de Dominique Lecourt. (shrink)

Despite best efforts, every aspect of life is in a state of flux. To adapt is to survive. That is why we must learn to embrace the Buddhist philosophy of impermanence. The essence of impermanence is that reality is never stagnant but is dynamic throughout. The one‐by‐four blue brick with bow that was once associated with the roof of the LEGO Cinderella's Dream Carriage may now be unidentifiable. Skills evolve, experience accumulates, and every LEGO project raises the bar for the (...) next endeavor. When we dismantle it brick by brick, systematically examining each piece, we find that the self, like the Death Star, lacks any substantial permanent essence, that it is bereft of the sum of self. LEGO enthusiasts recognize the MOC (My Own Creation) as a LEGO creation that monks designed and built. Destruction of a mandala, like dismantling LEGO creations, demonstrates that beauty is only meant for this world for a short time. (shrink)

" Nous sommes, en tant qu'Homo sapiens, d'une affligeante banalité biologique. Sur le plan génétique, notre proximité avec les grands singes est considérable ; elle atteint 98,7 % avec le chimpanzé, elle est encore de 80 % avec la souris et de 50 % avec la levure. " Pourtant, seuls parmi les êtres vivants, nous nous interrogeons sur notre nature et sur la valeur de nos actes. Ce paradoxe, au cœur du questionnement philosophique depuis des millénaires, est ici revisité à (...) l'aide des données croisées de la théorie de l'évolution, de la génétique et des sciences cognitives, à la recherche du " propre de l'homme ". Avec L'Homme, ce roseau pensant..., Axel Kan clôt la trilogie qui a fait sa renommée littéraire et son succès, entamée avec Et l'homme dans tout ça? suivi de Raisonnable et humain? Comme toujours, il propose une approche pluridisciplinaire, à la fois érudite et accessible à tous les lecteurs. (shrink)

We argue that the pivotal role assigned by Northoff to the principle of top-down modulation in catatonia might successfully be applied to other symptoms of schizophrenia, for example, hallucinations. Second, we propose that Northoff's account would benefit from a more comprehensive analysis of the cognitive level of explanation. Finally, contrary to Northoff, we hypothesize that “top-down modulation” might play as important a role as “horizontal modulation” in affective-behavioral alterations.

This paper will focus on two textual articulations that emerged in the Immanuel “Beis-Yaakov” school segregation case. The first is a declaration of the Admor from Slonim that was published when the ultra-Orthodox fathers who refused to send their daughters to an integrated school were imprisoned. The second is a letter to the Supreme Court that was written by an Ashkenazi mother whose daughter attended the “Beis Yaakov” school. A semiotic reading of the articulations reveals several opposing characteristics. The Admor’s (...) audience is determined by his choices of medium and rhetoric, which guarantee hegemonic reading, corresponding with the textual code of his interpretive community. The letter, on the other hand, represents an attempt to break through communal borders, and therefore its writer cannot expect hegemonic reading. Yet, she makes a considerable effort to employ signifiers denoting her ultra-Orthodox affiliation. In light of the hindrances that usually prevent ultra-Orthodox women from contesting the authority of the community, the letter presents a rare feminine voice, which is vigorous enough to attempt subverting under the authoriality of the Admor, and might have a long run affect on the quest for equality. (shrink)

The article describes the way in which law-related events are represented in Truman Capote’s In Cold Blood. Based on a narrative analysis, the paper will posit that In Cold Blood played a particular role in originating and shaping an innovative mode of representing law-related events, a mode that was widely employed since, in various artistic mediums and in popular culture. As the paper further elaborates, Capote’s work paved new ways for challenging the conventional boundaries between “reality” and “fiction” with regard (...) to the representation of law-related events. The paper will also maintain that in addition to its contribution to the law and literature discourse, In Cold Blood can be also seen as an early prototype to the digital legal spectacles that are now common. Revisiting In Cold Blood reveals not only its standing as originating model of many present-day cultural representations of the legal system in action, but also the essential difference between the almost unrestrainedly produced digital law-related content, to a artistic enterprise, characterized by poetic distinctiveness. (shrink)

At its core, public health introduces tensions between individuals' autonomy and the need to account for the perspectives and needs of communities and populations. It further raises social justice issues, including fair allocation of limited resources. This article examines and elaborates on these tensions and their resolutions using specific public health examples. Experiences in the 1980s and 1990s with HIV/AIDS provide a particularly rich collection of issues that brought ethical issues in public health to the public's attention, and in so (...) doing challenged previously held assumptions about the appropriate consideration of individual rights in the context of population health objectives. Lastly, the article examines some of the ethical challenges arising in public health applications of recent science and technology advances, specifically the emerging area of public health genomics and the large scale collection and analysis of health information. (shrink)

Die meisten Philosophen stimmen darin überein, dass Kant sich dem Prinzip „Sollen impliziert Können“, bzw. „ought implies can“ (OIC), verschrieben hat. Allerdings sind sich nur wenige darüber einig, wie die Bedeutung von OIC zu verstehen ist. Außerhalb der Kant-Wissenschaft gibt es Debatten über die Bedeutung von „sollen“, die Bedeutung von „impliziert“ und die Bedeutung von „können“ in diesem Prinzip. Innerhalb der Kant-Forschung besteht kein Konsens darüber, was Kant zu diesen Themen dachte. In diesem Artikel versuche ich, diese Situation zu verbessern. (...) In Abschnitt I überprüfe ich die Sekundärliteratur zu Kants Engagement für OIC und erkläre, wo die Interpretation meiner Meinung nach schief geht. In Abschnitt II untersuche ich einige der direkten Textbeweise dafür, dass Kant eine bestimmte Version von OIC zugeschrieben wird. In Abschnitt III lege ich dar, was meiner Meinung nach die wichtigsten doktrinären Gründe dafür sind, Kant diese Version von OIC zuzuschreiben. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionAnna Mastroianni (bio) and Jeffrey Kahn (bio)In this issue of the Kennedy Institute of Ethics Journal, we subject the work of the Advisory Committee on Human Radiation Experiments to examination from many angles. Nearly one year has passed since the release of the Committee’s final report and recommendations, and it seems an appropriate time to invite discourse and reflection on the influence and impact of the Committee and (...) its efforts. Our intent is to advance understanding of the Committee and its work, its place in the evolution of bioethics and public policy, as well as the broader legacy of restoring trust in the conduct of human subjects research.In 1993, President Clinton and Secretary of Energy Hazel O’Leary initiated an investigation of America’s involvement in radiation experiments on its citizens during the Cold War. The investigation resulted in the appointment of the Committee in January 1994. Some issues raised by these radiation experiments were brought to the attention of the nation by revelations contained in a Pulitzer Prize-winning series of newspaper stories about plutonium injections carried out by the government on allegedly unsuspecting subjects during the Cold War. The Committee faced a broad mandate, which included piecing together the history of Cold War radiation experiments and human subjects research, as well as recommending remedies for past wrongs and mechanisms to ensure that such wrongs could not be repeated in the future.This issue of the Journal consists of articles and accompanying commentaries on historical, philosophical, policy, and political aspects of the Committee’s work that are important to bioethics. This collection of articles, authored by Committee members, staff, and leading scholars, is designed to paint a picture of the breadth and complexity of the Committee’s efforts and to provide context and to stimulate discussion of significant issues.In the first article, Ruth Faden provides her unique perspective as chair of the Committee. She goes beyond the necessary overview and background of the Committee to reflect on the impact and meaning of the Committee’s work to bioethics and public policy.Much of the Committee’s effort was directed at gathering and uncovering information about the history of Cold War radiation experiments, an endeavor fairly foreign to bioethics but critically important to understanding the context in which to make moral judgments about the past. Jonathan Moreno and Susan Lederer discuss how the Committee’s work changed some of the traditional views of the history of research ethics. The commentary by Allan Brandt and Lara Freidenfelds further illuminates the value of understanding this recovered history. [End Page ix]In making moral judgments about the past, the Committee confronted complex questions about how to assess wrongdoing and the culpability of the government and its agents. Allen Buchanan explains why this was such a difficult but crucial task and how the Committee worked through some of the answers to these questions. His discussion illustrates the challenges to consensus in the committee decision-making process described in Ruth Macklin’s article in this issue on committees and consensus. Tom Beauchamp analyzes the frameworks for making retrospective moral judgments developed by two committees, the Advisory Committee and the University of California at San Francisco Ad Hoc Fact Finding Committee on World War II Human Radiation Experiments, and critiques their applications of the frameworks in the case of the plutonium injection experiments.The Committee recognized that in order to prevent wrongs seen in the past from occurring in the future, it would be necessary to understand the human subjects protections now in place. Nancy Kass and Jeremy Sugarman discuss the results of the Committee’s attempts to measure the operation and effectiveness of the current system for protection of human subjects. Paul Appelbaum comments on the relevance and value of the Committee’s empirical projects to contemporary human subjects research.The Committee’s work, and the products of any commission’s work, must be viewed partly in light of the place of commissions in bioethics scholarship and policymaking. Appointed commissions can have significant impacts on scholarly and public thinking, policymaking, and future direction, and bring high visibility to issues. It is important to realize that the conclusions of the Committee... (shrink)

…Not without a providential design, the historical events of the thirteenth century led to the Holy Land, the Order of Friars Minor. The Sons of St. Francis have since then remained in the land of Jesus … to continuously serve the local Church and to preserve, restore, protect the holy places, and their loyalty to the wishes of the Founder and the mandate of the Holy See was often sealed by acts of extraordinary virtue and generosity…Holy Land guides mediate between (...) pilgrims and multiple Jerusalems. This article focuses on the roles played in this process of mediation by Franciscan human guides in two contexts: actual Jerusalem and the virtual Jerusalem of San Vivaldo.1 The longstanding, special relationship... (shrink)

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.