In this article, I explore the relationship between the supersession thesis and the rights of future people. In particular, I show that changes in circumstances might supersede future people’s rights. I argue that appropriating resources that belong to future people does not necessarily result in a duty to return the resources in full. I explore how these findings are relevant for climate change justice. Assuming future generations of developing countries originally had a right to use a certain amount (...) of the carbon budget, changing circumstances could result in rights-supersession. Consequently, members of future generations of industrialized countries may be allowed to use part of the share of the carbon budget belonging to developing countries. (shrink)

In earlier articles, the author developed what is known as the "Supersession Thesis," asserting that historic injustice may be overtaken by changes in circumstances so that a situation that was unjust when it was brought about may coincide with what justice requires at a later time. The Supersession Thesis was developed initially as a tool for considering historic injustice suffered by indigenous peoples in the European settlement of countries like Australia, Canada, New Zealand, and the United (...) States. In this paper, the author explores the application of the Supersession Thesis to issues about the Palestinian right of return and also to Israeli settlements in the Occupied Territories. The paper argues that, while it is not unthinkable that the Supersession Thesis might eventually legitimize the settlements and undermine the Palestinian right of return, there is no guarantee that this will happen. The application of the Supersession Thesis does not depend on the passage of time, but on changes in circumstances that a theory of justice makes relevant. Many of the circumstances that make the Supersession Thesis relevant to the post-colonial situations described do not apply in the Israeli situation. Nevertheless, it is worth considering the possibility of applying the Supersession Thesis in this case, because it enables us to assess the merits of the Thesis more sharply in relation to injustice that is taking place now, as opposed to injustice that took place in the nineteenth century. (shrink)

This article examines the relationship between Jeremy Waldron’s supersession thesis and compensation. Recently, Waldron has argued that claims for material compensation for the original injustice cannot be superseded. He limits supersession to issues of restitution. Waldron’s supersession thesis is frequently cited by opponents of claims based on historical injustice, so his view of compensation warrants close examination. In our article, we explain the details of Waldron’s ‘simple model’ of compensation, offer an internal critique of it, (...) and try to sympathetically reconstruct it. We contend that a crucial claim about this model does not work; his model would result in many more backward-looking compensatory claims than he realizes. Waldron’s allowing for material compensation claims from historical injustice is in tension with, or incompatible with, his long-expressed view that the spirit of the supersession thesis is that justice should be forward-looking and look to present-day costs. We have argued elsewhere that the abstract possibility that restitution claims may be superseded due to changing circumstances (what we call the ‘supersession thesis proper’) is separable from the question of whether justice has a forward-looking or backward-looking orientation. We argue here that Waldron’s model of compensation can best be made sense of through our distinction of ‘full supersession’ and ‘partial supersession.’ This allows us to show that Waldron’s model relies on a more strongly backward-looking orientation than he seems to endorse in his earlier works on restitution and his most recent article discussing compensation. We conclude by offering external criticisms of Waldron’s model of compensation. (shrink)

Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to unbundle (...) property rights into rights of benefit, control, use, and access and to distinguish between different forms of attachment. This strategy allows for a third option of restitution and supersession, namely partial restitution. Partial restitution grants current land holders those rights that they need to satisfy their attachments and basic distributive justice claims. At the same time, rights that are not needed for either purpose will revert back to indigenous peoples as the original owners. The article argues that the notion of partial restitution allows for far more extensive land rights than a less nuanced application of the supersession thesis. (shrink)

I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same (...) entity whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

This interview with Jeremy Waldron covers three topics. Firstly, we dealt with the methodology debate, that is, the discussion about how to proceed in analyzing the nature of law. Does the question ‘What is law?’ require a descriptive analysis of the concept of law or, rather, a normative exercise in political philosophy? Secondly, we spoke about the role of law in response to historic injustice, especially in relation to the restitution of property rights. On this topic Waldron vindicates the ‘ (...) class='Hi'>supersession-thesis’, the idea that, due to changed circumstances and the passage of time, historic injustices become superseded. The third section of the interview is devoted to Waldron’s perspective on the citation of foreign law by national judges. (shrink)

There are two main sources of theoretical doubt regarding the validity of claims for reparation: the questions arising from the non-identity problem and those arising from the supersession thesis. Neither of them significantly undermines the Palestinian refugees’ claims to reparations and a right of return.

On the basis of Waldron’s supersession thesis, this article discusses the historical injustice argument and contends that in order to evaluate moral claims for restitution of territorial titles it is important to consider the legitimate expectations of citizens that have been formed historically and have been sanctioned by the state through institutional mechanisms of stabilization of expectations. The legitimate expectations of citizens form normative demands that cannot be disregarded when rectifying historical injustices. In his arguments in favour of (...) the supersession thesis, Waldron does not give sufficient attention to the concept of ‘legitimate expectation’, even though the thesis is reinforced by this reference. Unlike exclusively restitutive and rectificatory measures, this paper relies on _present considerations_ of the consequences of past injustices, all within the framework of a theory of justice. In this sense, compensation deals with the past, but in a forward-looking way. (shrink)

This thesis explores Heidegger's attempt to move beyond the recuperative powers of the dialectic. Its title announces a certain aporia: the "beyond," of course, is precisely what Hegel claims to have transcended; and he has determined that all attempts to overcome him--refutation, opposition, supersession; reversal , inversion , bisection , dissection , periodization --only confirm the potency of the original system. Heidegger displays an acute self-consciousness concerning such aporias of "overcoming." ;This thesis inscribes the Heideggerean project within (...) the horizon of speculative idealism. Heidegger appears to be embroiled in Hegel's earlier struggle with Reflexionsphilosophie . He seems to oscillate between two poles: between a "speculative" drive to surpassing the limit and a "reflective" hesitation or acquiescence at the barrier ; between "good infinite" and "bad infinite"; ultimately between Vernunft and Verstand. Heidegger appears "speculative" in his resistance to the bad infinite in its modern guises , the flux of das Man, the seriality of Technik, the fragmentations of a political aggregate). He appears "reflective" or "Romantic" in his appeal to a "task of thinking": interminable, provisional, forever "underway." He thus appears, at one time, both to resuscitate all Hegel's protests against Reflexionsphilosophie and to vindicate a "philosophy of finitude" which risks relapsing into just the terms Hegel had sought to surpass. Heidegger's thought is neither Spekulation nor Reflexion: it risks the appearance of both in order to negotiate a space between. The movement "'beyond' Aufhebung" is thus in fact a movement between a philosophy of Aufhebung and a philosophy of the "beyond" . ;Such oscillation compels us to rethink the metaphysics of the limit; here a line is traced which may not be comprehended by a speculative logic, and which has many different aspects . This thesis explores these various aspects as they unfold throughout the Heideggerean corpus but with particular reference to Zur Seinsfrage. (shrink)

The Situationist International (1957-1972) was a small group of communist revolutionaries, originally organised out of the West European artistic avant-garde of the 1950s. The focus of my thesis is to explain how the Situationist International (SI) became a group able to exert a considerable influence on the ultra-left criticism that emerged during and in the wake of the May movement in France in 1968. My wager is that the pivotal period of the group is to be found between 1960 (...) and 1963, a period marked by the split of 1962. Often this is described as the transition of the group from being more concerned with art to being more concerned with politics, but as I will argue this definitional shorthand elides the significance of the Situationist critique of art, philosophy and politics. The two axes of my thesis are as follows. First, that the significant minority in the group which carried out the break of 1962, identified a homology between the earlier Situationist critique of art — embodied in the Situationist ‘hypothesis of the construction of situations’ — and Marx’s critique and supersession of the radical milieu of philosophy from which he emerged in the mid- 1840s. This homology was summarised in the expression of the Situationist project as the ‘supersession of art’ (dépassement de l’art). Secondly, this homology was practically embodied in the resolution of the debates over the role of art in the elaboration of the Situationist hypothesis, which had been ongoing since 1957. However, it was the SI’s encounter with the ultra-left group Socialisme ou Barbarie that would prove decisive. Via Guy Debord’s membership, the group was exposed to both the idea of a more general revolutionary criticism, but also ultimately what was identified as the insufficiently criticised ‘political militancy’ of this group. Indeed, in the ‘political alienation’ found in Socialisme ou Barbarie, a further homology was established between the alienation of the political and artistic avant-gardes. This identity would prove crucial to the further elaboration of the concept of ‘spectacle’. By way of an examination of the peculiar and enigmatic ‘Hamburg Theses’ of 1961, and the relationship between these ‘Theses’ and the Situationist criticism of art and politics worked out over the first five years of the group, I will argue that the break in 1962 should be conceived as one against politics as much as art (rather than just the latter, as it is more often represented). Additionally, I will outline how the SI, through the paradoxical reassertion of their artistic origins, attempted to synthesise their criticism of art with the recovery of the work of Marx beyond its mutilation as Marxism. Indeed, it was the synthesis of these critiques that enabled the considerable development of the concept of ‘spectacle’, opening the way to the unique influence the SI exerted in the re-emergence of a revolutionary movement at the end of the 1960s. (shrink)

This chapter contains sections titled: Introduction The Ideal Form of Mutual Recognition Hegel's State of Nature De Facto Authority De Jure Authority Legitimate Authority Constitutional Authority Conclusion Notes References.

Arguments about the supersession of historic injustice often use the dispossession of Indigenous lands as an example of the sort of injustice in the past that can be superseded in certain circumstances. This article aims not to directly challenge the content of such arguments but to place them into a different context, wherein they are seen playing a role in ongoing efforts to remove Indigenous understandings of law, justice, and morals from discussions about state-Indigenous histories and interactions. The normative (...) narrowness of these arguments is explored alongside developments within Canadian law that purport to respond to the historic denial of substantive Indigenous interests in lands by colonial and Canadian authorities. While the analysis predominantly takes a bird’s-eye view of the interaction of varied normative systems, the conclusion advances a normatively charged argument, as I speculate about why courts – and academics writing about the passage of time – seem intent on developing arguments that displace Indigenous understandings. (shrink)

Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present. For example, justified Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in circumstance, this (...) does not entail that claims to reparation are. In contrast, claims to reparation are robust to changes in circumstance. (shrink)

An extensive scholarly literature, written in the past century holds that in ancient Greek and Roman thought history is understood as circular and repetitive - a consequence of their anti-temporal metaphysics - in contrast with Judaeo-Christian thought, which sees history as linear and unique - a consequence of their messianic and hence radically temporal theology. Gerald Press presents a more general view - that the Graeco-Roman and Judaeo-Christian cultures were fundamentally alien and opposed cultural forces and that, therefore, Christianity's victory (...) over paganism included the replacement or supersession of one intellectual world by another - and then shows that, contrary to this view, there was substantial continuity between "pagan" and Christian ideas of history in antiquity, rather than a striking opposition between cyclic and linear patterns. He finds that the foundation of the Christian view of history as goal-directed lies in the rhetorical rather than the theological motives of early Christian writers. (shrink)

Aristotle’s theory of causes requires a first, unmoved mover outside the sublunary world, along with soul as first and unmoved mover in the natural world below. Aristotle separates the charmed group of causes headed by soul that are jointly sufficient for typical animal behaviour from external causes. The border between external and charmed is permeable: crops growing in the field are co-opted to become an instrument of soul that nourishes the animal. (Instruments of soul like the sumphuton pneuma are internal (...) to the animal from the start.) But no causes, not even the Unmoved Mover, may supersede soul as unmoved mover. (shrink)

In the Critique of Pure Reason, following his elucidation of the ‘postulates’ of possibility, actuality, and necessity, Kant makes a series of puzzling remarks. He seems to deny the somewhat metaphysically intuitive contention that the extension of possibility is greater than that of actuality, which, in turn, is greater than that of necessity. Further, he states that the actual adds nothing to the possible. This leads to the view, fairly common in the literature, that Kant holds that all modal categories, (...) in their empirical applications, are coextensive. I diverge from the common view. First, Kant is not committed to the coextensiveness thesis, understood as above. Instead, he espouses a weaker, epistemological version of the coextensiveness thesis, namely that what we can assert to be really possible is coextensive with what we cognize to be actual. Second, Kant's remarks are not intended to introduce a positive ontological thesis about the extensions of modal categories. Rather, he means to criticize a certain conception of modalities that was prevalent among his rationalist predecessors, i.e., the conception of modalities as various determinations that enter the intensions of concepts of things. (shrink)

The first and preliminary part of this discussion examines Todorov's remark, in his article "Structural Analysis of Narrative" , on certain tales in the Decameron. These are advanced as dealing with a "concrete problem" which "illustrates" what Todorov "conceive[s] to be the structural approach to literature." The second part offers an alternative analysis of the Decameron tales. The third part comprises some observations, from a similar point of view, on Crime and Punishment. The anterior purpose of the whole discussion is (...) to identify at least some points where insights about "structure," in a fairly strict sense, seem to bear genuinely upon the insights of the literary critic. John Holloway, Professor of Modern English at the University of Cambridge, is the author of, among others, The Victorian Sage, The Charted Mirror, The Story of the Night, Blake: The Lyric Poetry, The Proud Knowledge, Planet of Winds, and five volumes of verse. His previous contribution to Critical Inquiry, "Narrative Structure and Text Structure," appeared in the March 1975 issue. (shrink)

Die Idee zu der in diesem Band dokumentierten Tagung ist im Rahmen des disziplinübergreifenden Nachwuchswissenschaftsnetzwerkes THESIS entstanden. Der Dialog über die fachlichen und disziplinären Grenzen hinweg hat bei THESIS seit dessen Gründung im Jahre 1990 stets einen großen Raum eingenommen. Anderen Fächern Respekt und Interesse entgegenzubringen und sich nicht von stereotypen Vorurteilen leiten zu lassen, ist konstitutiver Bestandteil im Selbstverständnis des Netzwerkes. Selbstverständlich gibt es in einem solchen Verbund eine Reihe von Gelegenheiten (darunter auch den einen oder anderen (...) entwicklungsfördernden Konflikt), das eigene Bild vom Anderen und das andere Bild vom Eigenen zur Sprache zu bringen und zu hinterfragen. Auf der Basis dieser bestehenden Kommunikationsstrukturen trafen sich am 11. Oktober 2003 in Göttingen 12 junge Wissenschaftlerinnen und Wissenschaftler zwischen, über und auch auf den Grenzen ihrer eigenen Herkunftsdisziplinen, um den Trendbegriff [alpha]Transdisziplinarität" auf seine Substanz zu prüfen. (shrink)

In this paper I present a precise version of Stalnaker's thesis and show that it is both consistent and predicts our intuitive judgments about the probabilities of conditionals. The thesis states that someone whose total evidence is E should have the same credence in the proposition expressed by 'if A then B' in a context where E is salient as they have conditional credence in the proposition B expresses given the proposition A expresses in that context. The (...) class='Hi'>thesis is formalised rigorously and two models are provided that demonstrate that the new thesis is indeed tenable within a standard possible world semantics based on selection functions. Unlike the Stalnaker-Lewis semantics the selection functions cannot be understood in terms of similarity. A probabilistic account of selection is defended in its place. -/- I end the paper by suggesting that this approach overcomes some of the objections often leveled at accounts of indicatives based on the notion of similarity. (shrink)

The Church-Turing thesis makes a bold claim about the theoretical limits to computation. It is based upon independent analyses of the general notion of an effective procedure proposed by Alan Turing and Alonzo Church in the 1930''s. As originally construed, the thesis applied only to the number theoretic functions; it amounted to the claim that there were no number theoretic functions which couldn''t be computed by a Turing machine but could be computed by means of some other kind (...) of effective procedure. Since that time, however, other interpretations of the thesis have appeared in the literature. In this paper I identify three domains of application which have been claimed for the thesis: (1) the number theoretic functions; (2) all functions; (3) mental and/or physical phenomena. Subsequently, I provide an analysis of our intuitive concept of a procedure which, unlike Turing''s, is based upon ordinary, everyday procedures such as recipes, directions and methods; I call them mundane procedures. I argue that mundane procedures can be said to be effective in the same sense in which Turing machine procedures can be said to be effective. I also argue that mundane procedures differ from Turing machine procedures in a fundamental way, viz., the former, but not the latter, generate causal processes. I apply my analysis to all three of the above mentioned interpretations of the Church-Turing thesis, arguing that the thesis is (i) clearly false under interpretation (3), (ii) false in at least some possible worlds (perhaps even in the actual world) under interpretation (2), and (iii) very much open to question under interpretation (1). (shrink)

In tradition linked to Aristotle and Kant, many contemporary philosophers treat practical and theoretical normativity as two genuinely distinct domains of normativity. In this paper I consider the question of what it is for normative domains to be distinct. I suggest that there are two different ways that the distinctness thesis might be understood and consider the different implications of the two different distinctness theses.

Many assert that affluent countries have contributed in the past to poverty in developing countries through wars of aggression and conquest, colonialism and its legacies, the imposition of puppet leaders, and support for brutal dictators and venal elites. Thomas Pogge has recently argued that there is an additional and, arguably, even more consequential way in which the affluent continue to contribute to poverty in the developing world. He argues that when people cooperate in instituting and upholding institutional arrangements that foreseeably (...) result in more severe or more widespread poverty or human rights deficits than would foreseeably result under feasible alternative arrangements, they are contributors to these harms. Because of this, he argues, they have stringent, contribution-based (or negative) duties to address this poverty. We will call this the ‘Feasible Alternatives Thesis' (FAT), and our aim in this article is to examine it critically. (shrink)

Since Mueller’s 1958 article calling Hegelian dialectics a “legend,” it has been fashionable to deny that Hegel used thesis-antithesis-synthesis dialectics. But in truth, Hegel’s Phenomenology of Spirit has 28 dialectics hidden on four outline levels, and The Philosophy of History has 10 more on three outline levels. In Phenomenology’s macrodialectic, Hegel’s nonsupernatural Spirit–all reality, everything in the universe, including man and artificial objects–advances from unconscious + union (thesis) to conscious + separation (antithesis) to a synthesis of conscious (from (...) the antithesis) + union (from the thesis). Previous interpretations of Phenomenology have missed this dialectic: they have assumed that Spirit’s journey begins with consciousness, whereas the journey actually begins in the primordial state of nature, before man arrives and provides Spirit with its Mind (the collective mind of man). Mind then misperceives itself as a multitude of separate alien “objects”–things other than itself. The macrodialectic and all other dialectics are based on Christianity’s Johannine separation-and-return mythology; all Hegelian dialectics separate from a concept in the thesis, going to that something’s opposite (antithesis), and then return to the thesis concept. Thus, in Hegel’s master-and-slave dialectic (God = master, man = slave), man advances from potential + freedom to actual + bondage (religiosity) to actual + freedom (atheism). Only Marx and Tillich understood Hegelian dialectics. Marx’s basic dialectic (one of four) saw history separating from and returning to Communism, going from communal ownership + poverty (primitive communism, or gens) to private ownership + wealth (slavery, feudalism, capitalism) to communal ownership + wealth (final communism). Tillich’s basic dialectic (one of many) separates from and returns to God, advancing from Yes to God + Yes to supernaturalism (theism) to No to God + No to supernaturalism (atheism) to Yes to God + No to supernaturalism (humanism: humanity is the nonsupernatural “God above the God of theism”). (shrink)

The Uniqueness Thesis holds, roughly speaking, that there is a unique rational response to any particular body of evidence. We first sketch some varieties of Uniqueness that appear in the literature. We then discuss some popular views that conflict with Uniqueness and others that require Uniqueness to be true. We then examine some arguments that have been presented in its favor and discuss why permissivists find them unconvincing. Last, we present some purported counterexamples that have been raised against Uniqueness (...) and discuss some possible reasons why proponents of Uniqueness might find these similarly unconvincing. (shrink)

In this paper, I defend a contextualist reading of the KK-thesis. In the first part, I present the general problem and I contrast three concepts of knowledge with respect to the KK-thesis, (Hintikka, Lemmon, and Williamson) that all rely on a univocal interpretation of the K-predicate. In the second part, I provide a contextualist framework based upon an indexical interpretation of the K-predicate and the notion of epistemic context. I show how this framework can integrate different concepts of (...) knowledge, and how it highlights the crucial significance of the KK-thesis for epistemology. (shrink)

While many scholars agree that the ‘‘separation thesis’’ (Freeman in Bus Ethics Quart 4(4):409–421, 1994)—that business issues and ethical issues can be neatly compartmentalized—is harmful to business ethics scholarship and practice, they also conclude that eliminating it is either inadvisable because of the usefulness of the positive/ normative distinction, or actually impossible. Based on an exploration of the fact/value dichotomy and the pragmatist and virtue theoretic responses to it, we develop an approach to eliminating the separation thesis that (...) integrates ‘‘business’’ with ‘‘ethics’’ while still permitting a positive/ normative distinction, which we call ‘‘ethics from observation.’’. (shrink)

Business Ethics: A European Review, EarlyView.

In his later years, Wesley Salmon believed that the two dominant models of scientific explanation (his own causal-mechanical model and the unificationist model) were reconcilable. Salmon envisaged a 'new consensus' about explanation: he suggested that the two models represent two 'complementary' types of explanation, which may 'peacefully coexist' because they illuminate different aspects of scientific understanding. This paper traces the development of Salmon's ideas and presents a critical analysis of his complementarity thesis. Salmon's thesis is rejected on the (...) basis of two objections, and an alternative view of the relation between different types of explanation is proposed. (shrink)

The Qualitative Thesis says that if you leave open P, then you are sure of if P, then Q just in case you are sure of the corresponding material conditional. We argue the Qualitative Thesis provides compelling reasons to accept a thesis that we call Conditional Locality, which says, roughly, the interpretation of an indicative conditional depends, in part, on the conditional’s local embedding environment. In the first part of the paper, we present an argument—due to Ben (...) Holguín—showing that, without Conditional Locality, the Qualitative Thesis is in tension with a margin for error principle on rational sureness. We show Conditional Locality reconciles the Qualitative Thesis with the margin for error principle. In the second part, we argue the full range of data supports what we call the Strong Qualitative Thesis. Without Conditional Locality, the Strong Qualitative Thesis has unacceptable consequences. But with Conditional Locality, it is tenable. (shrink)

Underdetermination is a relation between evidence and theory. More accurately, it is a relation between the propositions that express the (relevant) evidence and the propositions that constitute the theory. Evidence is said to underdetermine theory. This may mean two things. First, the evidence cannot prove the truth of the theory. Second, the evidence cannot render the theory probable. Let’s call the first deductive underdetermination, and the second inductive (or ampliative) underdetermination. Both kinds of claim are supposed to have a certain (...) epistemic implication, viz., that belief in theory is never warranted by the evidence. This is the underdetermination thesis. (shrink)

Diversity of evidence is widely claimed to be crucial for evidence amalgamation to have distinctive epistemic merits. Bayesian epistemologists capture this idea in the variety-of-evidence thesis: ceteris paribus, the strength of confirmation of a hypothesis by an evidential set increases with the diversity of the evidential elements in that set. Yet, formal exploration of this thesis has shown that it fails to be generally true. This article demonstrates that the thesis fails in even more circumstances than recent (...) results would lead us to expect. Most importantly, it can fail whatever the chance that the evidential sources are unreliable. Our results hold for two types of degrees of variety: reliability independence and testable aspect independence. We conclude that the variety-of-evidence thesis can, at best, be interpreted as an exception-prone rule of thumb. (shrink)

우리가 자신의 행위를 도덕적으로 정당화하고자 한다면, 그 행위가 도덕적 원칙과 병립할 수 있다는 것을 보여주어야 한다. 즉 도덕적 행위의 정당화는 보편적 관점에서 받아들여질 수 있어야 한다. 근대 이후 많은 철학자들과 여러 윤리이론들은 도덕적 추론은 공평성에 대한 요구를 받아들여야 한다고 주장했다. 이것을 우리는 ‘공평성 논제 impartiality thesis’라 부를 수 있다. 공평성 논제에 따르면 우리는 어떠한 도덕적 판단을 내리고자 할 때, 우리 자신이나 혹은 우리와 특별한 관계를 가진 사람들의 욕구나 이익에 특별한 비중을 두어서는 안 되며, 공평한 관망자로서 중립적 관점에서 판단하려 노력해야 (...) 한다. 하지만 또 다른 철학자들은 도덕 판단에 있어서의 이러한 공평성 논제에 동의하지 않는다. 이들은 사적으로 특별한 인간관계에서 요구되는 의무와 편향성(partialism)을 공평성 논제는 설명할 수 없다고 주장한다. 본 논문에서 필자는 도덕 판단에서의 공평성에 대한 요구에 관해 브래드 후커(Brad Hooker)가 제시하고 있는 공평성에 대한 평가와 도덕 판단에서 그 적용 단계를 중심으로 살펴보았다. 이를 통해 필자는 결국 윤리적 판단의 정당화 근거를 위해서는 공평성에 대한 요구가 충족되어야 함을 논증하였다. 왜냐하면 도덕 규칙들에 대한 정당화 요구는 도덕 판단에 있어서의 비결정성과 불확실성을 최소화하여 도덕에 관한 공평한 권위를 부과하기 위한 도덕 체계 일반의 보편적 요구사항이기 때문이다. (shrink)

According to the Asymmetry Thesis, whereas there are many kinds of argument-forms that make at least some of their instances valid, there is none that makes any of its instances invalid. To refute this thesis, a counterexample has been produced in the form of an argument-form whose premise-form's instances are all logically true and whose conclusion form's instances are all logically false. The purpose of this paper is to show that there are many more kinds of argument-forms that (...) make some of their instances invalid and that, hence, are counterexamples refuting the Asymmetry Thesis. (shrink)

The historiographic tradition of the history of science that originated with Auguste Comte bears all the marks of narratives with roots in the Enlightenment, such as a view of religion as an underdeveloped stage in the ascending road in humanity's quest for a more mature understanding. This article explores the development of the peripheral branch of a tradition that developed in Argentina by the mid‐twentieth century with authors such as the Italians Aldo Mieli, José Babini, and the Hungarian Desiderius Papp. (...) It is argued that, contrary to the historiographic program of the conflict thesis developed in English‐speaking countries, those scholars who cultivated the kind of “positivist” history of science that thrived in continental Europe were inclined to see science as a social and epistemological replacement of a fossilized religious outlook. In the final section, I suggest a way to relate the more or less strong versions of the conflict thesis to different patterns of secularization. (shrink)

Ancient rhetoric divided the questions which concerned the orator into the definite and the indefinite, quaestiones finitae and quaestiones infinitae, the former concerned with particular persons and occasions, the latter without any such reference. To take a simple example from Quintilian, ‘Should one marry?’ is a quaestio infinita, ‘Should Cato marry?’ a quaestio finita. The distinction was introduced, or at any rate first clearly formulated, by Hermagoras in the second century B.C., and became an established part of rhetorical theory. The (...) Greek term for the indefinite, or general, question was none of the various Latin equivalents used by Cicero attained general currency, and the Greek term prevailed. (shrink)

The author outlines his thesis that legal discourse is a special case of general practical discourse (Sonderfallthese) and develops it as an attempt to cover both the authoritative, institutional, or real and free, discursive, or ideal dimension of legal reasoning. On this basis, he examines the objections raised by Habermas (1996) to the special case thesis. First, he discusses the reduction of general practical discourse to moral discourses (genus proximum problem) holding that the former is a combination of (...) moral, ethical, and pragmatic arguments within the priority of just; second, he examines the objection that general practical arguments change their character or nature when employed in legal contexts (subset and specification problem) and the related problems concerning legal validity and unjust law. He concludes proposing a procedural (opposite to a coherential) integration of general practical arguments in the legal context. (shrink)

In this article the author adduces a non‐positivist argument for a necessary connection between law and morality; the argument is based on the claim to correctness, and it is directed to an attack stemming from Eugenio Bulygin. The heart of the controversy is the claim to correctness. The author first attempts to show that there are good reasons for maintaining that law necessarily raises a claim to correctness. He argues, second, for the thesis that this claim has moral implications. (...) Finally, he attempts to refute Bulygin's objection that the claim‐based argument for non‐positivism boils down to contradiction and triviality. (shrink)