Предметом дослідження статті є осмислення та розгортання тези про місце контрактуалізму Т. Гоббса та Ж.-Ж. Руссо на теренах модерної та постмодерної практичної філософії в контексті теорії суспільної угоди та її місця в сучасній філософії. Послідовно доведено, що найістотніше визначення суспільної угоди знаходиться саме в царині практичної філософії і тлумачиться нею як механізм, спосіб несуперечливого людського існування, дія спільноти людей, які разом, добровільно встановлюють і дотримуються певних прав і обов’язків. Автор пропонує порівняльний аналіз творчого доробку Т. Гоббса та Ж.-Ж. Руссо з (...) метою поглибленого розуміння актуальності та методологічної значущості для сьогодення їх роздумів про суспільну угоду. Реконструкція антропологічної складової основних теоретичних здобутків Т. Гоббса та Ж.-Ж. Руссо дала можливість дослідити розуміння ними засадничої для людського буття проблеми, а саме – проблеми справедливості. Політична антропологія Т. Гоббса та Ж.-Ж. Руссо є витоком і осердям дослідження істотного взаємозв’язку конфліктного та кооперативного образів людини й актуалізує філософське осмислення механізмів формування автономної особистості та розуміння модерного контрактуалізму як інтелектуально-дієвої допомоги в наших спробах дослідити особисту свободу людини в контексті істотних суспільних трансформацій, зберегти та розвинути такі досягнення модерного соціального проекту, як права людини і демократична правова держава. (shrink)

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with himself, (...) with his desires and sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly (...) transforms this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a fresh start in (...) natural law theory, founded on what to Rousseau’s mind is the true idea of human nature. The paper intends to show that the only natural qualities which can be seen as anthropological constants are those that keep man flexible, namely perfectibility and freedom of will. It is argued that these are exactly the qualities which according to Rousseau serve as the standard of natural law for the system of politics and its laws: Only a state based upon the free consent of individuals can do justice to man’s perfectibility and freedom of will. Rehm stresses that because of perfectibility and freedom of will, this self-commitment has to be revisable, which is why the republic of the “Social Contract” should not have a constitution, or any law that the citizens cannot alter. It is demonstrated that in Rousseau’s view, this republic is the enabling condition of natural liberty. -/- . (shrink)

Purpose. The purpose of the study is critical reconstruction of gender issues within the framework of modern political philosophy and political anthropology, in-depth reflection of the phenomena of justice, identity, human dignity in the aspect of their gender measurements and the search for the answer to the fundamental question for leading gender discourses: is freedom and justice, in fact, possible only together with stresses, a feeling of one’s sense-rooted belonging to one or another community? Theoretical basis. The supplement (...) of the phenomenological and transcendental methodology by the method of contractualism directs the study of the topic specified in the article’s title into a new direction, and reflects its essential measurements and aspects. Understanding gender as an important philosophical and anthropological problem and a complex "social construct" precisely within the framework of the latest critical and self-critical versions of the theory of social contract reveal fruitful perspectives for political philosophy and anthropology. Originality. The study of the phenomena of "recognition" of "gender justice", "moral sense" outlines the possibilities and sense of filling the principle of social contract with a specific theoretical and practical content, substantiates the need to expand the philosophical and anthropological interpretation space of gender issues. Conclusions. Significance of the gender community for the sociocultural and existential identity of the individual enables his/her security and the ability to adequately orient in difficult life situations. However, the main purpose of human life is the ability to self-identity, even after profound changes in the structure of personality that arise in difficult situations of contempt and injustice. (shrink)

The increasing availability of digital data reflecting economic and human development, and in particular the availability of data emitted as a by-product of people’s use of technological devices and services, has both political and practical implications for the way people are seen and treated by the state and by the private sector. Yet the data revolution is so far primarily a technical one: the power of data to sort, categorise and intervene has not yet been explicitly connected to (...) a social justice agenda by the agencies and authorities involved. Meanwhile, although data-driven discrimination is advancing at a similar pace to data processing technologies, awareness and mechanisms for combating it are not. This paper posits that just as an idea of justice is needed in order to establish the rule of law, an idea of data justice – fairness in the way people are made visible, represented and treated as a result of their production of digital data – is necessary to determine ethical paths through a datafying world. Bringing together the emerging scholarly perspectives on this topic, I propose three pillars as the basis of a notion of international data justice: visibility, engagement with technology and antidiscrimination. These pillars integrate positive with negative rights and freedoms, and by doing so challenge both the basis of current data protection regulations and the growing assumption that being visible through the data we emit is part of the contemporary social contract. (shrink)

"Margaret L. King has put together a highly representative selection of readings from most of the more significant—but by no means the most obvious—texts by the authors who made up the movement we have come to call the 'Enlightenment.' They range across much of Europe and the Americas, and from the early seventeenth century until the end of the eighteenth. In the originality of the choice of texts, in its range and depth, this collection offers both wide coverage and striking (...) insights into the intellectual transformation which has done more than any other to shape the world in which we live today. It is _simply the best introduction to the subject now available_."_ —Anthony Pagden, UCLA, and author of _The Enlightenment and Why It Still Matters_ Contents:_ Chronology, Introduction _Chapter One - Casting Out Idols: 1620–1697_ _Idols, or false notions: _Francis Bacon, _The New Instrument_ _I think, therefore I am: _René Descartes, Discourse on Method _God, or Nature: _Baruch Spinoza, _Ethics_ _The system of the world: _Isaac Newton, _Mathematical Principles of Natural Philosophy_ _He searched for truth throughout his life: _Pierre Bayle, _Historical and Critical Dictionary_ _Chapter Two - _The Learned Maid: 1638–1740 _A face raised toward heaven:_ Anna Maria van Schurman, _Whether the Study of Letters Befits a Christian Woman_ _The worlds I have made:_ Margaret Cavendish, _The Blazing World_ _A finer sort of cattle:_ Bathsua Makin, _An Essay to Revive the Ancient Education of Gentlewomen_ _I warn you of the world:_ Madame de Maintenon, _Letter: On the Education of the Demoiselles of Saint-Cyr_, and _Instruction: On the World_ _The daybreak of your reason:_ Émilie Du Châtelet, _Fundamentals of Physics_ _Chapter Three - _A State of Perfect Freedom: 1689–1695 _The chief criterion of the True Church:_ John Locke, _Letter on Toleration_ _Freedom from any superior power on earth:_ John Locke, _Second Treatise on Civil Government_ _A white paper, with nothing written on it:_ John Locke, _Essay Concerning Human Understanding_ _Let your rules be as few as possible:_ John Locke, _Some Thoughts Concerning Education_ _From death, Jesus Christ restores all to life:_ John Locke, _The Reasonableness of Christianity, as Delivered in the Scriptures_ _Chapter Four - All Things Made New: 1725–1784_ _In the wilderness, they are reborn:_ Giambattista Vico, _The New Science_ _Without these Names, nothing can be known,_ Carl Linnaeus, _System of Nature_ _All the clouds at last are lifted:_ Anne Robert Jacques Turgot, _The Successive Advancement of the Human Mind_ _A genealogical or encyclopedic tree of knowledge:_ Jean le Rond d’Alembert, _Preliminary Discourse_ _Dare to know! :_ Immanuel Kant, _What Is Enlightenment?_ _Chapter Five - Mind, Soul, and God: 1740–1779_ _The narrow limits of human understanding:_ David Hume, _Anof a Book Lately Published_ _The soul is but an empty word:_ Julien Offray de La Mettrie, _Man a Machine_ _All is reduced to sensation:_ Claude Adrien Helvétius, _On the Mind_ _An endless web of fantasies and falsehoods:_ Paul-Henri Thiry, baron d’Holbach, _Common Sense_ _Let each believe that his own ring is real:_ Gotthold Ephraim Lessing, _Nathan the Wise_ _Chapter Six - Crush That Infamous Thing: 1733–1764_ _This is the country of sects:_ Voltaire, _Philosophical Letters_ _Disfigured by myth, until enlightenment comes:_ Voltaire, _The Culture and Spirit of Nations_ _The best of all possible worlds:_ Voltaire, _Candide_ _Are we not all children of the same God?:_ Voltaire, _Treatise on Tolerance_ _If a book displeases you, refute it! :_ Voltaire, _Philosophical Dictionary_ _Chapter Seven - Toward the Greater Good: 1748–1776_ _Things must be so ordered that power checks power,_ Charles de Secondat, baron de Montesquieu, _The Spirit of the Laws_ _Complete freedom of trade must be ensured:_ François Quesnay, _General Maxims for the Economic Management of an Agricultural Kingdom_ _The nation's war against the citizen: Cesare_ Beccaria, _On Crimes and Punishments_ _There is no peace in the absence of justice:_ Adam Ferguson, _An Essay on the History of Civil Society_ _Led by an invisible hand:_ Adam Smith, _An Inquiry into the Nature and Causes of the Wealth of Nations_ _Chapter Eight - Encountering Others: 1688–1785_ _Thus died this great man:_ Aphra Behn, _Oroonoko: or The Royal Slave_ _Not one sins the less for not being Christian: _Lady Mary Wortley Montagu, _Embassy Letters_ _Do you not restore to them their liberty?:_ Guillaume-Thomas Raynal, _Philosophical and Political History of European Colonies and Commerce in the Two Indies_ _Some things which are rather interesting:_ Captain James Cook, _Voyage towards the South Pole, and Round the World_ _The inner genius of my being:_ Johann Gottfried von Herder, _Ideas for a Philosophy of the History of Humankind_ _Chapter - Nine Citizen of Geneva: 1755–1782_ _The most cunning project ever to enter the human mind: _Jean-Jacques Rousseau, _Discourse on the Origin and Foundations of Human Inequality_ _The supreme direction of the General Will:_ Jean-Jacques Rousseau, The Social Contract _Two lovers from a small town at the foot of the Alps,_ Jean-Jacques Rousseau, _Julie, or the New Heloise_ _Build a fence around your child’s soul:_ Jean-Jacques Rousseau, _Emile, or On Education_ _This man will be myself:_ Jean-Jacques Rousseau, _Confessions_ _Chapter Ten - Vindications of Women: 1685–1792_ _No higher design than to get her a husband:_ Mary Astell, _Reflections on Marriage_ _The days of my bondage begin:_ Anna Stanisławska, _Orphan Girl_ _A dying victim dragged to the altar:_ Denis Diderot, _The Nun_ _Created to be the toy of man:_ Mary Wollstonecraft, _Vindication of the Rights of Woman_ _Man, are you capable of being just?:_ Olympe de Gouges, _Declaration of the Rights of Woman as Citizen_ _Chapter Eleven - American Reverberations: 1771–1792_ _I took upon me to assert my freedom:_ Benjamin Franklin, _Autobiography_ _Freedom has been hunted round the globe:_ Thomas Paine, _Common Sense_ _Endowed by their Creator with certain unalienable Rights:_ Thomas Jefferson and Others, _Declaration of Independence_ _A safeguard against faction and insurrection:_ James Madison, _Federalist No. 10_ _An end to government by force and fraud:_ Thomas Paine, _The Rights of Man_ _Chapter Twelve - Enlightenment's End: 1790–1794_ _A partnership of the living, the dead, and those unborn:_ Edmund Burke, _Reflections on the Revolution in France_ _The future destiny of the human species:_ Nicolas de Condorcet, _A Sketch of a Historical Portrait of the Progress of the Human Mind_ Texts and Studies, Index. 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In lieu of an abstract, here is a brief excerpt of the content:Confucian Rituals and the Technology of the Self:A Foucaultian InterpretationHahm ChaibongIntroductionModern political theory is "liberation" theory. Liberalism pivots on the idea of individual liberty, defined largely as freedom from government interference in private lives. All major versions of it, from the Lockian social-contract theory to the Rawlsian theory of justice, focus on protecting the rights of the individual. Marxism and other leftist political theories revolve around (...) the notion of recovering and liberating the original freedom of humanity that has been corrupted or otherwise twisted out of recognition by modern society and its institutions. Rousseau, Marx, and Freud all long for the "total revolution" that will free humanity from the decadence of modern society, capitalism, and even civilization itself.1 In marked contrast to modern Western political theories, Confucianism emphasizes harmony in interpersonal relationships and affirms the role of the family, the community, and the state as essential components of a just and humane society. Civilization is considered both the means and the end of human flourishing, not something to be limited, abolished, or otherwise overcome. In terms of its "micro-theory," Confucianism emphasizes self-discipline, ritual propriety, and moral uprightness, not individual freedom and liberation.At first sight, the disciplined, proper, and moralistic Confucian might seem a far cry from the free, independent, and spontaneous individual of liberalism. The strong emphasis placed on human-relatedness and social harmony, enforced by elaborate codes of ritual conduct, would seem to encourage "rational adjustment to the world," not revolutionary incitement to change it. Confucianism is thus often regarded as the premodern political theory par excellence by modern political theorists. From the May Fourth Movement through the Great Cultural Revolution to the Asian Values debate, Confucianism has always stood as the symbol of feudalism and as the single greatest obstacle to modernity, hindering the development of a scientific outlook, class consciousness, and liberal democratic values.In what follows, however, I argue that the Confucian practices of self-discipline and ritual propriety are quite suitable for a democratic society. Indeed, not only is Confucianism suitable for democracy, but it also fills an important lacuna in modern democratic theory. In a liberal-democratic society, citizens are given ever more freedom to exercise their rights. However, theories of negative freedom and other "primacy-of-rights" theories have privileged individual liberty and rights to such an extent that citizens in a modern democracy have little basis for mutual consultation, deliberation, and agreement. As a result, there is very little in liberal theory, or in [End Page 315] theories of the left, for that matter, that deals with concrete ways in which freedom can be exercised. Confucian theories and practices of self-discipline and ritual propriety can fill this gap in liberal theory.In making this point, I enlist the help of Michel Foucault. Foucault's investigations of ancient Greek and Roman technologies of the self in his later works show that the practices of self-cultivation, self-discipline, and ritual conduct do not necessarily inhibit freedom.2 In fact, such practices are indispensable for the proper practice of freedom. Moreover, Foucault's now-famous investigation of the logic of power, discipline, truth, and knowledge provides a profound insight into the nature of freedom and its practice that is not to be found in currently dominant liberal theories. It provides an important antidote to the common misconception that selfdiscipline and ritual propriety are contrary to individual freedom. Foucault thus provides us with a new perspective from which to investigate and affirm the democratic potential of Confucianism.The Scrutable Body and LiIn the Western philosophical tradition, the metaphysical, the transcendental, or the purely rational has always been the "real." The Platonic eidos, the Christian soul, the Cartesian cogito, and the Kantian noumena all emphasize the priority and the primacy of the metaphysical over the physical as the repository of truth, beauty, and reality. The physical body, on the other hand, has been viewed as the corrupted shadow of the ideal form, the prison of the soul, a mere physical extension or a passing phenomenon. Modern psychology, Freudian or otherwise, emphasizes the conscious/unconscious as the realm that determines our being and character. In contrast... (shrink)

This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) (...) consent of specified parties. Consequently, this approach excludes those whose consent is not required in order to view an arrangement as legitimate or just. Given the enormous and continuing influence of John Rawls’s social contract theory, I take the Rawlsian view as my primary focus, concentrating on the way in which the question of exclusion raises challenges for Rawlsian contractualism. According to Rawls’s theory, those who participate in the hypothetical contract and to whom political power ought to be justifiable are reasonable and rational. They are reasonable in the sense that they understand and are willing to comply with the requirements of justice and they are rational in that they have the capacity to form, revise, and pursue a conception of the good. This gives rise to two categories of exclusion. In the first part of the thesis, I examine the exclusion of those who will develop the two moral powers sufficiently only if those who are represented in the social contract act (or refrain from acting) in certain ways. This category includes children, foetuses, and unreasonable citizens. Intuitively, justice issues in requirements in at least some of these cases, but it is hard to make sense of this on the Rawlsian approach. In the second part of the thesis, I address the question of exclusion regarding those who will never develop the two moral powers to the requisite degree, such as individuals with severe cognitive disabilities and non-human animals. Again, intuitively, justice issues in requirements here, but their justification is not clear on the contractualist approach. My conclusion is threefold. First, I argue that the problems the question of exclusion poses cannot be addressed by a single solution. Second, I safeguard Rawlsian contractualism by showing how each problem can be resolved. Third, I offer policy-prescriptions on a number of issues, such as education, abortion, and the criminal justice system. (shrink)

The problems of contemporary states are in large part “affective disorders”; they are failures of states to properly understand and coordinate the emotions of the individuals within and in some instances outside the state. By excluding, imprisoning, and marginalizing members of their societies, states create internal enemies who ultimately enervate their own power and the possibility of peace and freedom within the state. Spinoza’s political theory, based on the notion that the best forms of state are (...) those that coordinate the power and emotions of those within a state, offers us both a diagnosis of and a cure for these affective disorders. In this paper I will outline Spinoza’s notion of the power of the state as a function of the power and coordination of the emotions of its citizens, and show that when the state contracts an affective disorder, such as excessive crime, rebellion, terrorism, etc. the state has failed to properly empower, include and coordinate the passions of the multitude of its citizens and subjects. (shrink)

Purpose. This paper aims to show how the views of Kant persist in the modern debate on social justice and to outline the practical and political potential contained in his understanding of a just state system and international justice. To that end, I will present what Kant meant by a just state system and just relationships between states. Then, I will reference his understanding of social justice against three fundamental models of social justice thus (...) far established in the philosophical tradition: the legal, distributive, and contractual justice. Finally, I will explain how the Kantian understanding of social justice is reflected in select modern interpretations of a just state system and justice in international relationships, and how we can grasp the current practice and the expected development of sociopolitical life in the framework of social justice as understood by Kant. Originality. The article presents the theoretical-conceptual and practical-political relevance of the concept of social justice, developed by I. Kant. It was shown that Kant considered justice to be the basis of all correct social relations, both at the level of individual states and in the sphere of international relations. According to Kant, the only just state system is a republic. In his opinion, justice in the field of international relations requires that they be based on the principles of federal unification of individual states. The concept of social justice developed by Kant can be identified as a form of classically understood contractual justice. In addition, Kan’s notion of justice was correlated with the works of modern authors: John Rawls, Robert Nozick and Otfried Höffe, showing identical and different elements in them. Conclusions. The reflections above suffice to assert that the Kantian understanding of social justice primarily involves the following observations: 1. under a relevant contract, interested parties institute a public authority, i.e. a republican state or a federal institution endowed with judicial or executive powers ; 2. the institution of public authority remains fair in dealings with the governed; 3. the public authority has the right to intervene only in the circumstances of threat to the external freedom, equality and independence of the governed individuals; 4. the public authority is responsible only for guaranteeing just relations between individuals and the enforcement of their contracts. Furthermore, Kantian understanding of justice falls within the scope of the classical notion of contractual justice and remains present in the modern debates on justice, as exemplified by the thought of Rawls, Nozick and Höffe. Finally, the Kantian understanding of social justice remains topical and worthy of consideration during the design and the development of current and future solutions for a just public order, both at the national and international level. (shrink)

The philosophical symbolism of H. Skovoroda’s works lies in wisdom, congenial work, seeing the big in the small, unveiling mysteries through the symbolic world. Skovoroda states that to be a human-being is to be a philosopher. The aim of philosophy is to reawaken the main mottos of the Age of Enlightenment (honor, dignity, freedom, justice, solidarity, morality). Creating open society in Ukraine on the basis of these mottos is the aim of the modern national state-building. The aim of the (...) article is to ascertain the influence and meaning of the philosophical and anthropological problems in the works of H. S. Skovoroda for building open society in the modern Ukraine. Methodology of the study is complex and based on the social-philosophical and historic-philosophical analysis of anthropological problems in the works by H. S. Skovoroda and its significance for finding personal freedom and building open society. The leading methodological tools are fundamental research basics of the scientific analysis – principles of objectivity, systematicity, integrity, unity of the historic and the logical, determinism, development, and interrelation. Methodology of social and symbolic representations, ethnic representations, and structural functionalism has been used. Results. As Ukraine is experiencing complex social and political processes, the philosophical works by H. S. Skovoroda acquires special importance: formation and preservation of the Ukrainian national identity, national values, morality, and culture. The society needs politically-minded citizens with clear ideas about the prospects of the state development. Researching works of Skovoroda, one can trace the development of the human spirit: an internally-devastated person devoid of life reference points is gradually adapting to the life in society, overcomes the discrepancies between the singular and the whole finding a compromise in the relations with the world around them. The fates of the people and the nation, language and the state were the key problems which H. S. Skovoroda thoroughly and passionately analyzed through the perspective of universal human values. Conclusions. The modern Ukrainian society needs people in harmony with themselves and the world who work on improving themselves and the society. Such people should be able to overcome both their own internal contradictions and the conflicts in society and the world. Putting significant hope on the human-being as the creator of the new morality, H. Skovoroda believed in the possibility of building solid foundations of the state. An internally rich person and citizen is going to contribute to harmony of the nature, the world, human relations focusing on the issues of good and love as integral attributes of the human existence. The writer considered such personalities to be able to carry peace and unity to the unstable reality full of life challenges and to oppose the alienation, absurdity, and insignificance of the human existence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Catholic Social Teaching and the Allocation of Scarce ResourcesJohn Langan S.J. (bio)I shall approach the issue of justice in the allocation of scarce resources from the viewpoint of Catholic social teaching, as developed over the last century. This teaching is found primarily in the social encyclicals issued by popes from Leo XIII (1878–1903) to John Paul II (1978- ), but also in the pastoral letters of (...) the various bishops’ conferences, especially in the United States and in Latin America. These documents, which enjoy a high standing in Catholic teaching but which are not taken as binding in all their particulars, form part of a tradition of moral and social theorizing that a contemporary American would regard as “communitarian.” On social questions, this tradition also has shown itself to be historicist in that it is capable of modifying itself in significant ways in response to changing political and economic situations. It normally approaches issues from a universalist perspective, though it has shifted from a preoccupation with the concerns of the industrial societies of Europe to an advocacy of much of the reform agenda of the Third World.Rooted in classical and biblical sources and modified in the course of the last [End Page 401] century to include a principled acceptance of religious freedom, of human rights, and of democratic political institutions, the Catholic social tradition proposes a number of ideas that can serve as the basis for significant criticism of currently dominant liberal modes of organizing and interpreting advanced industrial societies. These ideas do not form a countertheory to liberalism so much as they indicate ways in which a religious organization that includes both hierarchical and egalitarian elements in its structure and that has both moral commitments and practical responsibilities with regard to health care can draw on its intellectual resources to develop alternative strategies for the reform of health care.I shall survey six ideas that figure prominently in Catholic social teaching and that are relevant to the allocation of scare resources in American health care. Space constraints require that I present them in a very condensed fashion, without tracing the complex development they have undergone in the internal Catholic debate or subjecting them to much criticism.First, Catholic social teaching, especially the great encyclical of John XXIII, Pacem In Terris (PT 1963), affirms the full range of human rights recognized in such modern documents as the Universal Declaration of Human Rights (1949). In addition to the civil and political rights enumerated in the Bill of Rights added to the original U.S. Constitution (1791), the Universal Declaration includes rights “to life, to bodily integrity, and to the means which are suitable for the proper development of life; these are primarily food, clothing, shelter, rest, medical care, and finally the necessary social services” (PT 11). Catholic social teaching has not committed itself to one particular way of institutionalizing these rights, but it effectively endorses the comprehensive West European welfare states that the Christian Democratic political parties helped to construct in the period after 1945.Second, Catholic social teaching has accorded a central organizing role to the notion of the common good, the realization of which “is the whole reason for the existence of civil authorities” (PT 54). The common good, however, is not to be understood as identical with the interest or the power of the state; rather, it “embraces the sum total of those conditions of social living whereby men are enabled to achieve their own integral perfection more fully and more easily” (PT 58; quoting Mater et Magistra). John XXIII is particularly anxious to affirm that the common good cannot be construed so as to exclude some groups or to violate the rights of individuals and that it must include both physical and spiritual goods (PT 55–61). The notion of the common good has both an inherent attractiveness and a vagueness that cries out for specification and clarification. But in the contemporary situation it serves to remind us that “individual citizens and intermediate groups are obliged to make their specific contributions to the common welfare” (PT 53).Third, while an insistence on the primacy of the common good and on the [End Page 402... (shrink)

The freedom theme has always been in the centre of life and philosophical and political discourse. Freedom is one of the magic words causing many positive emotions in everyday life. Certain social and philosophical studies highlight the ways of replacing traditional and, sometimes, spontaneous absolutization of human freedom at an empirical level of social consciousness. It lies in achieving desired results and being entitled to choose what to achieve. The difference between these “formulas” is obvious. In the (...) second case, one can observe one's acceptance of certain restrictions of freedom due to social reality and understanding that it can only be fully realized through self-restraint. However, one needs to come to such conclusions on one’s own. Practice shows that the categorical power of authorities in terms of citizens’ duties mostly leads to opposite results. Therefore, more than ever, it is essential to develop a permanent, well-developed, multi-level humanitarian programme for working with the population based on social and philosophical studies. The state needs to build the “net” of permanent special state-owned institutions since it will improve the quality of public administration, pave the way for tolerance and successful compromises. The ultimate goal of this article is to form a conscious civic position and self-determination as a result of one’s full awareness of responsibility for one’s decisions. (shrink)

Storm surges, flooding, heatwaves, and prolonged drought, as ever more regular features of life under deteriorating climate conditions, are unmistakably violent. Their effects on the lives of vulnerable human populations and ecosystems across the world are widely known to be devastating. Yet a legal order that denies the victims of such ecological persecution safe haven, no matter how great its use of force (e.g., detention, arrest, forced return) cannot, by definition, be violent. The power of law, used to protect states’ (...) rights to exclude from their jurisdictions growing numbers displaced involuntarily by global climate harms, in being a source of ‘legitimate right’, is never the same as violence. This article challenges the ongoing validity of this assumption. It points to some of the ways in which legal instruments are used today to deny those displaced by climatic conditions sufficient normative status to guarantee their safety. What is needed instead is a new critical normative understanding of the evolving relationship between climate change, violence, justice, and law, one that re-assesses the democratic justificatory grounds for the current positions of non-responsibility for the climate displaced whilst re-affirming such people’s legal and political status as equal co-members of the politically constituted international community of humanity. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to (...) humanity. Nuclear wars, natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

The purpose. Explore the major ideological patterns of development of a socially philosophies of education in the context of the problems of institutionalization of knowledge about human and social development. To analyse system-integration aspect of social philosophy and education management in interaction of concepts of an instrumentalism of a pragmatism and a neopragmatism with model of «new humanism» in formation of socially valuable orientations. Methodology. Classification existing in the western philosophy of education and education of directions is spent, (...) proceeding from basic principles of philosophical school or a current, first of all considering those the purpose and means which are really involved by them in process of education, social development and socially-moral education and being based on the basic installations, the purpose expressed by that or other direction, how its supporters imagine the person, its requirement, a social role, модус behaviour which the education system and education urged to form. Scientific novelty. In conditions when against crisis of an education system of the government of the USA and the leading countries of Europe are compelled to begin its long-term reform, its theorists substantially pay attention to democratic workings out of concepts of an instrumentalism of a pragmatism/neopragmatism in modern social philosophy of education, in particular on their aspiration to introduce in process of social development, education and education idea and practical model both educational, and a social equality. Considering growing requirement of a practical embodiment of ideas of freedom, justice, aspiration to realization of the human rights proclaimed a society, supporters of the concept of «new humanism» see the main objective in blocking a way to conformism, to a manipulation behaviour of the person and to create conditions for its free self-expression, for realization by the person of a fundamental choice of acts in a concrete situation and by that to warn danger of formation of the unified form of behaviour. In it principles of «new humanism» approach with a position of «new humanism» instrumentalism and neopragmatism. Conclusions. Before social philosophy of education/education it is necessary to define a problem factors which cause achievement of its main objective, to state an estimation to moral principles and personal qualities with which actually the education/education theory connects realization of the problems, to show, why these, instead of any other principles and qualities open to the person possibility to choose in a concrete situation socially powerful both morally defensible and comprehensible line of conduct in public the relation. Statement of a question on necessity of the philosophical analysis of problems of education and education in a social context serves as an indicator of understanding philosophers, teachers of an increasing role of the human and moral factor in society development. And, at last, the aspiration to develop socially-philosophical bases of pedagogics in general and education in particular, testifies that the western and domestic philosophers, teachers, representatives of social and psychological sciences, at least, the majority of them, have realized the public importance of an education system and education, its global character. (shrink)

A political epistemology that enables us to determine if political actors are likely to know what they need to know must be rooted in an ontology of the actors and of the human objects of their knowledge; that is, a political anthropology. The political anthropology developed in Power Without Knowledge envisions human beings as creatures whose conscious actions are determined by their interpretations of what seem to them to be relevant circumstances; and whose interpretations are, in (...) turn, determined by webs of belief built from somewhat heterogeneous streams of incoming ideas. This anthropology, then, has two components. Ideational heterogeneity undermines the aspiration of technocracy to predict human behavior and the aspiration of social science to arrive at lawlike generalizations about it. Ideational determinism, however, which is less important than ideational heterogeneity to the critique of technocracy, may be more important to generating epistemological approaches to other forms of politics, all of which involve the actions of human beings who, as such, are largely at the mercy of the fallible ideas to which they have been exposed. (shrink)

Perhaps no work since John Rawls’ A Theory of Justice has attracted as much recent attention as Robert Nozick’s case for a minimal state—an ingeniously argued critique, not only of antinomian individualism, but also of liberal and socialist contractualism. It might be added that the book is no solace either to more conservative political theorists, who lament state incursion into private life, but whose political structures exhibit either actual or potential constriction of human life. Nozick’s book (...) is both a searching examination of the limitations of utilitarian consequentialism and the redistributivism of Rawls. His essential theme is that "a minimal state limited to the narrow functions of protection against force, theft, fraud, enforcement of contracts etc., is justified; that any more extensive state will violate persons’ rights not to be forced to do certain things, and is unjustified; and that the minimal state is inspiring as well as right." It is also Nozick’s contention that the coercive power of the state should not be used paternalistically to prohibit activities to people for their own protection, or to force some citizens to aid others. The last part of the book is a framework for Nozick’s utopia, and it is in this section that an essentially theoretical approach, amplified by little political or sociological data, exhibits its defects. One suspects that almost all states started with simplistic hopes for minimal coercive activity, and succumbed almost inevitably to the metastasis of function as socio-political life grew in size and complexity. Night watchmen become more than night watchmen when more than watching is needed. Moreover, Nozick’s utopia would seem to necessitate, at least by implication, coercive redistributivism and some kind of compensatory or levelling taxation process. This reviewer is not sure that he understands precisely what Nozick considers correct property theory in a state of nature. The author modestly asserts the tentative, incomplete, and conjectural nature of his work. But the taxed and manipulated citizen who grows in sympathy for the sentiments of Proudhon’s famous litany should welcome this highly literate and well argued case.—R.P.M. (shrink)

The hermeneutic anthropology of human rights is a possible anthropology before human rights. It does not aim at a deductive demonstration of the validity of human rights, but it delivers a hermeneutic justification of them by taking into account the a priori link of self-understanding with living body. Three aspects are most relevant in this case: a) The human person not only exists, but also has a value which is recognized within the shared world of persons. The embodied presence of (...) persons is affirmed beyond pure facticity through the meta-grammatical terms " I ", "you" and "we". This mutual affirmation as an act of freedom indicates the primordial value of dignity, b) The human person has to arrange its uncertainty as a living being. It has to prevail over nature, in order to create an order of life. This consciousness of being able to act is the source of power. Nevertheless, power is produced as a kind of surplus through social interaction. The tension between power and recognition is always renewed and remains an open question for society, c) Human rights introduce moral demands on power. They define the political order of the society in such a way that the citizens can carry out their plan of life. Furthermore, they preserve the awareness of the limits, since human dignity indicates that the embodied presence of the human person and its world-character should not be defined apart from freedom and recognition. (shrink)

continent. 2.1 (2012): 29–35. Translated by Vincent W.J. van Gerven Oei from Jeroen Mettes. "Politieke Poëzie: Enige aantekeningen, Poëtica bij N30 (versie 2006)." In Weerstandbeleid: Nieuwe kritiek . Amsterdam: De wereldbibliotheek, 2011. Published with permission of Uitgeverij Wereldbibliotheek, Amsterdam. L’égalité veut d’autres lois . —Eugène Pottier The modern poem does not have form but consistency (that is sensed), no content but a problem (that is developed). Consistency + problem = composition. The problem of modern poetry is capitalism. Capitalism—which has no (...) image: the unrepresentable Idea of “everything.” The problem is that a poem cannot be justified. There is no excuse for it. Political poetry— pure poetry—has to be problematic, though not in a mannerist way. Yes, its problem is first its own problem—poetry’s existence in the same world as the newspaper—but therefore also always everybody’s problem (the problem of any world at all). The cult of the sublime points at a suspect desire for transcendence, nostalgia for paradise lost (the womb?). Melancholia of the post-. But a problem neither sorrows nor mourns, it is alive, and the fact that it is alive is the problem—the problem for death (rigidity, the status quo). Our symbols and ideologies do not hide any god: symbolic = state; imaginary = human; real = money. Problem: the possibility of communal speech (poetry) in the absence of a “we.” Or: what is a “we” that is not a collective subject (or in any case is not a volonté générale )? What is a universal history that is not a History? This work was started in the shade of the anti-globalization protests at the end of November 1999. I considered N30 to be the closure of the nineties, of my adolescence, and of the a seemingly total extinction of social desire. From the beginning I was skeptical about the alterglobalization movement as the avant-garde of a new politics, but something was happening . Maybe this event did not show that, as the slogan would have it, “another world” is possible, but for me it indicated that such possibility was at least still possible. That naked possibility is carrying forward. And if the fundamental tone of this work sounds more desperate than utopian, this is not caused by the catastrophic sequence that since 1999 has plunged us ever deeper into the right-wing nightmare—a nightmare that this work also gives an account for—but because my hope as yet remains empty. Composition . Composition is no design, but the production of an autonomous block of affects (i.e. a POEM), rhythmically subtracted from the language of a community. A poem does something. Is something. New Sentence . Choosing the non sequitur as compositional unit has the advantage that an abstract composition is subjected to the stress of concrete, social references. Where there is a sentence, there is always a world. (This does not hold necessarily for words on their own.) And where sentences collide, something akin to a textual civil war takes place. It is not about “undermining” whatever, or de-scribing the raging global civil war, but about writing social (or even: ontological) antagonism -- including all its catastrophic and utopian possibilities. Minor resistance. Why would poetry be the no protest zone par excellence? It is nothing but protest, not simply qua “content,” but in its most fundamental essence: rhythm. Rhythm is resistance against language, time, and space, and the basis of (what we will continue to call) autonomy. Rhythm starts with the anti-rhythmic caesura as Hölderlin remarked about Sophocles, a disruption of the quotidian drone. The destruction of everything that is dead inside of us. The noise of the avant-garde has never been the representation of the noise of (post)modernity (from the television or shopping mall), but the sober noise of the systematic exchange of an unbearable worldview. The poet does not describe, but looks for a way out: There is a Grain of Sand in Lambeth that Satan cannot find Nor can his Watch Fiends find it, tis translucent & has many Angles But he who finds it will find Oothoons palace, for within Opening into Beulah every angle is a lovely heaven William Blake was not mad. And there has always been only one poetry: the poetry of paradise. The principle is that there is something in art (the essentially creative element) that is disgusted by that which, unlike art, does not aim for the supreme. Wonder is not supreme, tranquility is not supreme, beauty is not supreme. Even amusement is not supreme! The supreme is supremely open, “das Einfache,/ Das Schwer zu machen ist” 1 : paradise. That is abstract. Literally. For me it is not about a concrete imagination, an idyll or utopia. There is no doubt a need for that, but it is not so much the supposed lack of imagination or ideals (human rights are ideals), but a fundamental lack of desire (human rights are no desires) that we suffer from, and from which we do not need to remove Nietzsche’s label of “nihilism.” “We.” George Oppen: “ Of Being Numerous asks the question whether or not we can deal with humanity as something which actually exists.” What is less actual than humanity? Nowadays it appears as a lifeless ideology of cynical power politics. Or as what makes one think. It is a shame to be human. The event is the caesura that defines rhythm. Writing toward the event is not the description of the event, but marking an abstract and intense space in which the event may unfold and keep itself. It is a task. “Remember that thou blesseth the day on which I seized thee, because such is thy obligation.” The event is a contraction (or a series of contractions) with its own rhythm and unique qualities. It is more than an explosion or demonstration. But at the same time less. The endless repetition of images and stories in the media points to a fear for the indeterminate and indeterminable void of the event. In the end there is nothing to see. We do not live in disaster’s shade or miracle’s light, but rather in the rhythm, which is contracted time, having little to do with omnipresent representations. For this book I did not intend a rhythm of evental representations (a narrative rhythm), but a rhythm which would be an event itself , because it draws the border between artwork and history. My desire for a direct engagement with the “extra-textual reality” has nothing to do with the representation of “rumor in the streets.” (What has less street cred than representation?) Naturally, a poem is no historical event and does not change anything. But a poem is a part of history that wants to be repeated forever, constructed in such a way that it is worthy of repetition. It is a part of desire (composition) made consistent (durable). The “historical event” flares up and burns down, and has to burn down to be effective. The leftovers are images and stories (representations), History—no event. The artwork—that is the ambition— remains event (though monumental and inefficient/inoperable). (No wonder that a historical singularity, a revolution, reminds us of a work of art; the resurrection yearns for a judgment, an affirmation; everything depends on it.) Hence the title does not summarize the book, let alone contract its “content” into a quasi-transcendental signifier. The title is juxtaposed to the book, like everything else inside the book, and in that relation it precisely forms a part of it. The ideal work is an open whole, lacking nothing but to which everything may be added. I have been interested in this “everything,” the world, or as I said above: capitalism. “Everything” is not the space for “wonder”—a code word, a shibboleth for petty bourgeois imagination (I recognize myself in the strangest things, a speaking dog, a canal, a pond standing straight—oh my god). No. The world is a social world, not YOUR world, poet. Power is number one. I will call “Dutch,” or “shitty,” whatever denies this power. That hurts, but this pain is an expression of the desire in the world to write another world, or as Blanchot says, “the other of all worlds” 2 : the world. Not as what “is there,” but rather as that which urges for an escape from what “is.” This is a testament of how radical reality has become, for me—or rather, a writing body—in a having-been-written. I am not interested in the problem of “meaning” as misunderstood by literary scholarsi: “order” in “chaos,” “symbolization.” Bullshit. What is there, hop, hope, now: the meaning of the taste in my mouth. Bullshit. I am not interested in the frustration of interpretation; I am writing for readers who do not want to interpret. I do not know how many “professional readers” will hear the music of a paragraph like: Sun. Sushi. Volvo. I hope more than I would think. There is a suggestion (or rather, an actual production) of speed and infinitive owing to the absence of plosives, i.e. articulations such as /k/, /t/, or /p/. Can you hear the slick suaveness? Driving car dark, vocal chiaroscuro of the word “sushi.” The unstressed /i/ stands in the middle of dark vowels and thus acquires its own special out of focus , like a momentary flash or brilliance—an obscure light. It is not about recognizing a story, but about avoiding any story whatsoever: the car disappears in the glow, cars and raw fish have nothing in common except their articulation in a language that brings them together, blurring them. A world appears in its disappearance. For a moment, light is a metaphor for language, though it cannot be reduced to tenor. It is not necessary to be a linguist or philosopher to hear this—a “difficult” poem all too often becomes an allegory of its own impenetrable being-language. The only demand: leave your hermeneutical fetish at home. This was no interpretation. Most shit has been stolen etcetera. That is no longer interesting. You cannot shoot the body with information and let your lawyers reclaim the bullets. So every sentence has been stolen. Also the ones “out” “of” “my” “head.” Why would I be allowed to steal from myself and not from others? Man takes what he needs to move forward. Whatever he encounters, finds in front of him, “occurs” to him. The writer as text editor, or singing pirate. Nothing new here. Important difference with for example Sybren Polet’s 4 montage technique: anti-thematicism. Most of the time ferocious citation from whatever I was reading, listening to, ended up in, and so on. I wrote chapter 12 on my laptop while watching CNN. On the air instead of en plein air . I often employed search engines to generate material. Chapter 20 offers the purest example of this. Often I stop recognizing a particular citation after some time. It is not uncommon for a stolen sentence to conform itself to the paragraph in which it finds itself. Sometimes I nearly arbitrarily replace words. Arbitrariness as a guarantee for absolute democracy. It is a poetics of the non sequitur : a conclusion that does not follow from the premises, the strange element in the discourse. A discourse of strangers. No logical, narrative, thematic unity. There is unity in speed/flight. It has to be read linearly, but not necessarily (not preferably) from beginning to end. The shortest distance between two points is a straight line, but this line precedes every point. The middle, the acceleration, comes first. A point occurs where two lines cross. It has been written from up close, at the level of the tension between sentences. Nothing to be seen from a distance: no form except the exchange of form, no geometrical or mythical meaning. You have to get in, “groping toward a continuous present, a using everything a beginning again and again” (Stein). 5 In Dutch, experimental poetry has been mainly dense: a small rectangular form filled with a maximum amount of poetic possibility. But at the moment the poem starts to relax, the anecdotical content seems to increase. This is what is called “epic”: long, narrative. I believe that an epic is more than that, in fact something completely different. An epic is “a poem including history,” 6 a long poem tied up with the life of community, that as a whole does not need to be narrative. The American poets of the twentieth century (Pound, Williams, Zukofsky, Oppen, Olson, Silliman) have put the epic back on the map by interpreting the poem itself as a map, and writing it as navigation. They have invented the experimental epic, a genre that has generated little original following in “our” poetry. N30 is the middle part—“always start in the middle”—of a trilogy, the contours of which remain as of yet unclear, although each episode investigates one of the three “ecstasies of time”—past, present, future—concerning society X. N30 concerns itself with the PRESENT: not with the description of actual facts but of the rhythm and the intense depth in which facts appear to us. Where are we? We are camping in the desert. Sometimes we are looking at the stars. As opposed to maximum density and minimal tension (a characteristic of most (post-)experimental lyricism), I have sought a minimal density and maximum tension in this book, considered as a long non-narrative prose poem. On the one hand, the minimal density is obtained by the inherent formlessness of prose, on the other hand by the conscious refusal of any active (formal, non-rhythmic) synthesis: the poem tells nothing, shows nothing, has no theme. I did not seek maximum tension either by loading the quotidian with epiphanic radioactivity (“wonder,” confirmation from above), or by means of the intensity of the linguistic structure. I want an abstract tension, but social in its abstraction, in other words, not neutralized by and subjected to Form. Instead of form (transcendent): composition (immanent). The concept is series. Ideal: every unit is necessary for the efficacy of the others and the whole, their relation is purely linear, i.e. non-hierarchic, non-syllogistic, non-discursive, non-narrative. Sentence related to sentence like paragraph to paragraph and chapter to chapter; the whole means nothing and represents nothing. Inside the sentence: syntax (Chomsky’s tree, a type of parallel circuit), outside: parataxis (coordination, an asyntactic line through language and world). I consider duration—the energy of duration (rhythm)—to be the fundament of a poem, the temporal inclination to delimit a “space.” Being as consistency, its consistency. A spatial part of time is not merely a metaphor for an inevitable trajectory, an inescapable time, something like “our time.” Not merely—because rhythm comes from language and is not projected onto it; the poem derives from the world like a scent and a color and a life from a flower. A series, a sequence: nothing potential, but truly infinite—the movement of an infinitude. The infinite series = everything minus totality. That means that there is no container—no Form, no Self, no Image, no Structure, not even a Fragment—just “the prose of the world.” No representation, but also no staging of the impossibility of representation (the postmodern sublime). These are no fragments, no image of a fragmented world or personality, no cautious incantations around the Void. It does not exist. It is a movement. Buying bread, a flock of birds, a bomb falling—they do not depict or represent anything, not literally, not metaphorically. There is an Idea, which is however nothing more than a rhythm, in the same way that capitalism is nothing more than a pure function. Parataxis: the white space between two sentences stresses, which is nevertheless always there, also between words, even between letters: the out of focus of idle talk, the gutter, the irreducible Mallarméan mist which renders even the seemingly most transparent text legible. The white space suggests a neutral medium for free signification, a substance of language. A non sequitur is an element from a foreign discourse, which stresses the white space as space, and problematizes freedom for supra-sentential signification. I start by withdrawing material, leaving the initiative to the sentences. In general a word presupposes less often a discourse than a sentence. What discourse is presupposed by “dog”? We could think of several, but why would we? It is more probable that, when faced with the naked word, we think of its naked (dictionary) meaning, of its denotative signified. By means of two simple interventions we may also write the word as sentence: Dog. In no way this suggests the discourse from which this sentence originates, but in any case we’re presupposing one. This is shown by questions like: “Whose dog? Who’s a dog? What kind of dog?” Etc. (Sentences are question marks.) A sentence implies/is a microcosm—a subject, a verb, an object, and so on. Even an incomplete or ungrammatical sentence does so. My main fascination while writing this book is the worldly and social aspect of language, an aspect that often becomes invisible, or rather, transparent in narrativity—the stretching of sentences into stories. Narrativity organizes a new discourse and a new world, and places a sometimes all too dispersing relation of transparence in between. The conventional novel is the brothel of being. I do not intend to prohibit brothels, and I have certainly not intended to write an anti-novel (THIS IS A POEM), but I do consider narrativity (in general, in poetry, in the news, in daily life) to be ontologically secondary with regard to an immediate being in the world through sentences, also if the latter have been withdrawn from a narrative or otherwise externally structured discourse (which in that case would therefore be chronologically primary ). Naturally, two or more sentences are always in danger of telling stories or arguing, just like the world is always in danger of becoming an objective representation, facing us, strangers. That is why need to wage war—against representation and against the interface, against interaction. AGAINST THE “READER.” To the extent that a sentence is worldly, writing is a condensed global war, and in so far as there is ultimately only one world and one open continuum of languages, it is a global civil war. Nice subject for an epic. The elaboration of a singular problem—prose as the outside of poetry, the form of the novel as purely prosodic composition scheme—“expresses” the universal problem: capitalism as Idea of the world vs. poetry as language of an (im)possible community. The paragraphs are blocks of rhythmically contracted social material. By choosing the sentence as the basic compositional component, an abstract whole may contain social sounds, without telling a story or showing an image. Composition is subrepresentative —a rhythmic, passive synthesis, or rather: a synthesis of syntheses. I never write large blocks of prose in one sitting, because there is no obvious organizational vector —plot, theme, conscience—outside the inherent qualities of the material itself. Usually I write down one sentence, sometimes two, but rarely more than three. Those sentences are usually placed in the text which I am editing at the time. In fact, there is no original composition, new chapters split off from chapters which became too long during the editing process. (Revision mainly consists of adding and inserting, displacing and dividing; only during the last phase, when the text has gained enough consistency, there may be subtraction to tighten the composition; each chapter requires a season of daily revision). This constant revision, accompanied by a continuous influx of collective background noise (to speak with Van Bastelaere), 7 makes every chapter a block condensed (“historical” and “personal”) time. The block itself is a-personal and a-historic; it is ontologically autonomous. If there is such a thing as a spirit of the times, I do not try to offer an image of it, but rather to cancel something of it by erecting a monument of its own excrement within its own boundaries. Tuning and dis-tuning , “in de taal der neerslachtigen een eigen geluid doen klinken,” 8 in other words, desiring in an Elysian way. In this sense I have intended to be able to write a political poetry. The ultimate political poem is the epic, “the tale of the tribe.” I consider N30 to be a prolegomenon to a future epic (of which it in the end will form a part a structural moment, as introduction-in-the-middle), an extended pile on top of an epic as narrative, a question of the tribe and question of its history. I was burdened by too much satire, too much bullshit. But: satire willy-nilly = the only justifiable satire. Against the abstract universalism of the market (“globalism”): concrete disgust, a positive way of saying “No.” Moreover, disgust is a specifically total attitude, which ultimately concerns the world as a whole. I hate this or that, but I am disgusted by EVERYTHING (when I am disgusted), and so it appears that satire is in fact related to the epic, in so far as it concerns society, the cosmos, history. Maybe it is no coincidence that the Dutch literary canon knows no great poet of disgust; what could be more fearful to us than society, the cosmos, and history? The T-tendency (T from Tollens 9 ) clearly points into the direction of the small, friendly, ironic, melancholic, acquiescent, wondrous, and so on. The anti-political, anti-cosmic, anti-historical. (Why am I so philosophical? To scare away the Dutchies.) And most of all: the “poetical” (the pseudo-mysticism from the backyard). Yes, the N in N30 also stands for the Netherlands (just like 30 indicates the number of chapters). I was not in Seattle, I do not live in Iraq. But is not the whole world bleeding to death on Dutch paving stones? Let’s hope that we mowed away something with this total satire, also “in myself.” The arrogant stupidity that definitely thinks to know the essence of freedom (the free development of esthetic needs inside the void), that cannot take anything serious, only believes in the disciplined bestiality of the individual (“norms and values”) and the mere functioning of a social factory which finds no justification whatsoever outside its functioning (“get to work”)… Who knows. A certain aimed destruction leaves grooves and craters, mapping out a next adventure. Pound’s periplum : sailing while mapping the coasts. Immanent orientation. The terrain changes with the map, history changes with the poem. Maps never merely organize the chaos, transcendent schemes imposed on a formless Ding-an-sich . They organize from within, surfing. But they are most of all routes back into the chaos or forward to paradise (final identity of chaos and paradise; Schlegel: “ Nur diejenige Verworrenheit ist ein Chaos aus der eine Welt entspringen kann ”10). A poem is not only a piece of history, it is also a flight from history. Maps give chaos to the form of reality , open escape routes, break through representations, make us shivery and dazed. Paradise is immanent to a fleeting desire. History is the history of labor—this is Adam’s curse—and the poet works too: For to articulate sweet sounds together Is to work harder than all these, and yet Be thought an idler by the noisy set Of bankers, school masters, and clergymen The martyrs call the world 11 But: the poet works in paradise. The paradox of the artwork, the work that is no work, the piece of history that cannot be reduced to History—this is explained by The Space of Literature , a virtual space, an autonomous rhythm, not outside, but in the midst of the noise, a piece of paradise in hell, a postcard from the vale of tears addressed to paradise, to X. Political poetry means: a poetry that dares to think about itself, about its language and about its world and about the problematic relation between both, which is this relation as problem. A poetry that thinks at all, articulates its problem. It has nothing to do with journalism or morality or debate, let alone the law or the state. It has nothing to do with “criticism” if this means the replacement of incorrect representations by other, more correct representations. It has something to do with ethics in the sense of learning to live. It has something to do with the community and the language of the community (whichever that may be) and the role of the poet regarding the community. It concerns justice without judgement or measure. In the end the just word is just a word , to paraphrase Godard: it is from a future that is unimaginable. It Is no rational engagement, but an aversion against everything that obstructs life, and love for everything what is worthy of having been loved. The world is engaged with me, not the other way round. First Exodus, then Sinai. A desire does not start with an agenda. To answer the question whether I am really so naive as to want to change the world: “We only want the world.” Justice is the world appealing to us to liberate it from all possible chains, from each organization and inequality, to be it, smooth, equal, under a clear sky—a desert and a people in a desert. That moment between Egypt and the Law. It is not a revolution, but the sky above the revolution. Poetry = the science of escape. There is no art that we already know. The weakness of modernistic epic poetry seems to me to be the unwillingness to completely abandon narrative as a structural principle, in favor of a composition “around” or from an event. The China Cantos and Adams Cantos are the low point, and the Pisan Cantos the high point of Pound’s poetry. Two types of research: archival representation of the past vs. ontology of the present (which virtually presupposes the entire history). Presupposing an event means that it is impossible for the poet to stage his own absence, but in no way makes the work personal. An event is the unknown, the new invading into the business as usual, so also the personal. The question heading this research is not: “Who am I?” but “What is happening?” The book is as little illegible as Mondrian’s work is invisible. Form is of interest only to the extent that it empowers liberation. Ron Silliman So no formalism, but what it means to live in this world and to have a future in it. I want something that holds together that’s not smooth. Bruce Andrews The past above, the future below and the present pouring down: the roar, the roar of the present, a speech— William Carlos Williams If my confreres wanted to write a work with all history in its maw, I wished, from the beginning to start all over again, attempting to know nothing but a will to create, and matter at hand. Ronald Johnson NOTES 1) “The easy thing/ that is difficult to make.” Bertold Brecht, Lob des Kommunismus . (All footnotes are the translator’s) 2) Maurice Blanchot, The Space of Literature , trans. Ann Smock. Lincoln/London: University of Nebraska Press (1989), 75. 3) Mettes uses the word “Neerlandicus,” which refers to scholars of Dutch language and literature. 4) Dutch poet. 5) Gertrude Stein. “Composition as Explanation.” A Stein Reader . Ed. Ulla E. Dydo. Evanston, IL: Northwestern University Press (1993), 495-503. 6) Ezra Pound. 7) Flemish poet. 8) “Resounding an original sound in the language of the despondent.” A. Roland Holst, De afspraak . 9) Dutch poet. 10) “Only such a confusion is a chaos which can give rise to a world.” 11) W.B. Yeats, “Adam’s Curse.&rdquo. (shrink)

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative (...) answer to that question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

Movements for environmental justice ought to engage the powerful mechanisms of change deployed in a Transitional Justice context. There is reason for restraint, however, in calling upon radically disruptive procedures to immediately amend the basic structure of society. I propose a modest expansion of the purview of Transitional Justice to recognize a class of environmental harms severe enough to trigger transitional measures. This class of harms is ecocide as social death, which I define as deliberate, state-sponsored environmental destruction (...) resulting in the annihilation of ways of life intimately connected to the natural world. The article then considers potential criticisms of this framework: its foundation in liberal political theory, its anthropocentrism, and its exclusion of global environmental harms. Despite being anthropocentric, the model offers a means of politically and legally representing the value of the natural world beyond its role as a stock of resources for human consumption. I defend an expressly liberal approach to Transitional Justice that emphasizes the core of the liberal social contract—respect for diversity. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State (...) uaR. Kevelson: Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:An Ethics of Justice in a Cross-Cultural ContextMichael von BrückThe central thesis of this paper is, primarily, that justice is neither a qualification of actions nor a political expediency, but is an existential reality. This reality is symbolized in different ways depending on religious experience and cultural conditioning. Underlying all concepts and ethics of justice is a dimension of basic insight that is beyond rational quantifying analysis.The semantics (...) of concepts of justice is different in various contexts and meaning systems, that is, in more general political and social contexts and in the rational discourse of philosophy. The general political term for justice is more confusing than helpful for a clear conceptualization; it might be treated more as a symbol in a mythological framework than a concept. In this context justice is defined in terms of what it is not, or metaphorically in differing categories, for example, justice as impartiality, equality. Thus, many programmatic formulae, such as "International Movement for a Just World,"1 express a utopia against the frustration with regard to social, economic, and political conditions and call for action to establish a "just world" without defining what the standard of this action must be in order to qualify as just and what exactly the notion of a "just world" actually might mean conceptually. Certain political actions are condemned from a particular standpoint, but the very foundation of any standpoint remains controversial. "Just" or "unjust" are actions that are determined according to the two standards of an Aristotelian suum cuique and the principle of treating equal cases in equal ways. Here, actions and their results as well as human freedom of action and the respective responsibility are a matter of debate. The problem is how to establish criteria for what is regarded as being "equal."2I suggest that justice can be discussed in two ways: (1) as an agreement or result of negotiation and better insight that is worked out between partners in social processes, and/or (2) as a reflection of the cosmic order, the divine will, or any pre-established harmony that is not negotiable by human beings. Whereas the first assumption is reflected in the theories of Aristotle, Rousseau, John Rawls,3 and others, the second one seems to be one of the basic contents of any religious worldview. Rawls actually constructs his idea of justice as fairness in the line of the familiar theory [End Page 61] of the social contract, following Locke, Rousseau, and Kant. Accordingly, justice is the basic assumption that generates the condition for any further discourse in societies. It is an "original position," an "initial status," the "symmetry of everyone's relations to each other," which, of course, is neither an actual state of historical affairs nor a primitive condition of culture, but a purely hypothetical situation.4 For Rawls, to think justice requires the task to acknowledge interdependencies and mutual dependence of the different factors and actors in societies on the basis of reflexive reason. In religions, however, it is the dharma, the commandment of God, the Tao, or the cosmic harmony or "symmetry" of forces that is the root cause for justice in human relations.In this essay I will not argue any of these positions mentioned above as such but maintain only that any particular discourse depends on communication processes, that is, language and actors. Actors have interests that are mediated through claims. These claims may be compatible or not. However, in both cases they are part of the communication processes itself. And it is in communication that discourses materialize. Therefore, dialogue is the framework for any theory of justice, which may be inclined more to the first or the second position outlined above. Because today, due to economic, political, and cultural circumstances, all discourses are linked to each other, it is in cross-cultural communication and dialogue that a theory of justice has to be worked out. The question is whether justice should be regarded as a precondition for dialogue or a wanted result of dialogue. The hypothesis I want to argue for is that justice is neither only a precondition nor only a result, but that it is the very... (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among (...) the necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

In the Preface to the Discourses Machiavelli laments that the greatness of the ancients is “rather admired than imitated” by his contemporaries and expresses the belief that recurring to past examples would be most beneficial to those interested in “ordering republics, maintaining states, governing kingdoms, ordering the military and administering war, judging subjects, and increasing empire” (D I 2.2). Machiavelli is indeed persuaded that the laws governing human nature are unchangeable, and that the ancients can be imitated, since the causes (...) for their actions and the reasons for their choices are the same that determine the conduct of the contemporaries. Thus, an analysis of Titus Livy’s work on the Roman republic might shed light on the weaknesses and strengths of existing governments and encourage men to the emulation of past greatness. More specifically, such an analysis would make clear that the greatness of Rome lied in that both the city and its citizens enjoyed a high level of freedom. In fact, the city had sovereign power over itself and other cities, rather than being ruled by others. Besides, no social group had enough power to overcome the others: people were able to foster their interests by participating in the civic life of the city and by protesting against those public decisions which they found contrary to their interests. But what did this freedom exactly consist in? In other words, does Machiavelli conceive freedom as non-interference, or rather as non-domination, by others? Moreover, does he consider participation and contestation as constitutive of liberty, or rather instrumental to it? In this paper, I will first present Philip Pettit’s account of three alternative conceptions of liberty and indicate which of them might have been endorsed by Machiavelli. I will then consider the issue of contestations and tumults and of their role within the polity. I will argue not only that Machiavelli endorses a republican view of freedom but also that, in contrast to Pettit, he maintains contestations and tumults to be instrumental to freedom, rather than constitutive of it. I will conclude by claiming that Machiavelli’s and Pettit’s different stance on the value of tumults and contestations reflects the kind of freedom as non-domination in which they are interested in. Pettit supports a more democratic form of republicanism, in which not only groups but also individuals must be able to contest given decisions. By contrast, Machiavelli endorses a republicanism in which power must be distributed among different political figures within a polity. Dissensions are seen as a means for one of these figures, i.e. the multitude, to raise its voice when its interests are damaged by public decisions. In Machiavelli’s view, the end to which a state should aim is to be great, for which it needs to be free only at the collective level. Different means might be employed in order to realise this aim. Tumults are just one of them: the one that made Rome a great city, worthy of being imitated. (shrink)

This stimulating new international study of the state of democracy today contributes towards improving and deepening our understanding of the democratic process, both in new and old democracies. It brings together a leading group of international experts in the fields of politics, economics, sociology, journalism, anthropology and law. It covers key themes that have a bearing on the quality and sustainability of democratic practices and relates them to policies in specific countries or regions. A special concern of the book (...) is to identify and evaluate policies aimed at securing improvements in democratic practices. Most countries in the world today have embraced democracy. The rise of democracy has strengthened support for human rights and is making possible the resolution of many conflicts through political and legal means. In many countries, however, the state of democracy is a cause of concern. Countries that have recently become democratic are often unable to satisfy elementary social and economic aspirations of their citizens and many continue to restrict basic civil and political freedoms. Voters’ apathy, distrust of politicians, media manipulation and corruption are issues that also trouble citizens in old established democracies. This book was previously published as a special issue of _Democratization._. (shrink)

Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ?negative duties? with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is (...) not a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice. (shrink)

The republican project of freedom as non-domination commits the State to endowing citizens with the resources and attitudes necessary to both apprehend domination and abstain from dominating others. This, some have argued, renders it incompatible with political liberalism, which eschews the promotion of personal liberal virtues, being derived independently of any 'comprehensive doctrine'. Republican freedom is therefore depicted as penetrating deeper, in its application, into intimate and 'private' spheres. I argue, through a Rousseauist interpretation of Rawls's social (...) contract, that its 'political' stricture need not, however, preclude any socially transformative, emancipatory role. Thus, the promotion of freedom as non-domination is compatible with the 'modelled constraints' of Rawls's original position. Far from transgressing the 'political' limits of State power, the goods associated with non-domination may instead be seen as necessary to the realisation of 'moral personality'—independently of the 'final ends' for which it may be exercised. (shrink)

_Race and State_ is the second of five books that Eric Voegehn wrote before his emigration to the United States from Austria in 1938. First published in Germany in 1933, the year Hitler came to power, the study was prompted in part by the rise of national socialism during the preceding year. Yet Voegelin neither descended to the level of contemporary debates on race nor dismissed these debates by way of value judgments. Although still young when he wrote this book, (...) Voegelin already demonstrates his singular analytical capacity as well as his ability to put political phenomena into a new perspective. In Part I Voegelin analyzes contemporary race theories by placing the question of race in the context of the more comprehensive philoiophical problem of the interrelationships of body, mind, and soul. He demonstrates the intellectual shortcomings and theoretical fallacies of current theories; more important, he contributes to the development of a modern philosophical anthropology that aims, as Helmuth Plessner put it in a review of _Race and State,_ "at a concept of the human being that does justice to its multilayered existence as a physical, vital, psychic, and intellectual being, without making one of these layers the measure and explanatory basis for the others." In Part II Voegelin deals with race ideas, which he distinguishes from race theories. Race ideas, like other political ideas, form a part of political reality itself, contributing to the formation of social groups and societies. Voegelin shows that the modern race idea is just one "body ideal" among others, such as the tribal state and the Kingdom of Christ, each offering a different symbolic image of community. He traces the rise of the modem race idea, analyzes its function to structure community, and offers an answer to the question of why race ideas became successful in Germany. Voegelin's meticulous sifting of all the Nazi race literature finally arrives at this blunt statement regarding its overall validity: "In order to preclude even the slightest possibility of a misunderstanding, let us again point out emphatically that the contrasting descriptions of the Semitic and the Aryan, the Jewish and the German character... contain little that is true about the nature of Jewishness.". (shrink)

The paper presents the profiles of three American thinkers associated with the tradition of individualist anarchism. These will be: Lysander Spooner (1808–1887), Albert Jay Nock (1870–1945) and Murray Newton Rothbard (1926–1995). These thinkers were involved not only in writing, but were also active participants in the political life of the time. In their opinion, the state, whose genesis is based on violence and conquest, and the individual are the greatest enemies. The state was perceived as the greatest (...) threat to the freedom of the individual, as it violated the principles of natural law, which in turn was to constitute the moral foundation of society. The state was, therefore, in the opinion of these thinkers, something inherently unjust, because by force and against the will of its citizens it forced them to obey. They did not perceive history in terms of class struggle, but as a struggle between individuals and society against the state. Spooner compared the state to a gang of robbers and murderers (valuing them higher than the state, however) and argued that the constitution did not bind citizens in any way, as it had not been signed by them personally, and the government had no power over the one handed over to it by free units. Nock pointed to the gradual appropriation by the state (“professional criminals”) of competences belonging to society, and the opposing goals of both. He distinguished between a government that aims to protect individuals and justice, and a state that aims to plunder, based on a law it has created. Rothbard advocated the abolition of the state as a tax consumer and its replacement with an anarcho-capitalist order in which private property would be its foundation. Theories of Spooner, Nock and Rothbard, although directed against the state, were not only negative. At their roots was the good of individuals. For Spooner, they were primarily workers, for Nock, citizens, and for Rothbard, entrepreneurs and owners. This fact is worth emphasizing, as the criticism of anarchism often boils down to allegations of radicalism and utopianism, without taking into account its protectionist nature. Criticism of the state is always a consequence of the human vision and should be considered from this perspective. The concepts of Spooner, Nock and Rothbard, although directed against the state, were not only negative. At their root was the good of individuals. For Spooner, they were primarily workers, for Nock, citizens, and for Rothbard, entrepreneurs and owners. This fact is worth emphasizing, as the criticism of anarchism often boils down to allegations of radicalism and utopianism, without taking into account its protectionist nature. In the article, in addition to presenting the positions of American individualist anarchists, we will pay attention to the positive aspects of the criticism of the state and show that already in the nineteenth and twentieth century anarchists recognized certain mechanisms of power, which also occur with particular intensity today. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Mogens Lærke. Spinoza and the Freedom of Philosophizing. Oxford: Oxford University Press, 2021. Pp. xviii + 387. Hardback, $115.00. -/- Spinoza's political philosophy, always a subject of attention in Francophone scholarship, has been coming into sharper focus for Anglophone readers in recent years as well. Mogens Lærke—well known for his essays on metaphysics and cognition in Spinoza, for his invaluable book Leibniz lecteur de Spinoza (Paris: Honoré (...) Champion, 2008), and for bridging French and English scholarly communities—has now written a richly contextual treatment of Spinoza's conception of the freedom of philosophizing (libertas philosophandi). His book presents a thoroughly mid- to late seventeenth-century Dutch Spinoza. The expression libertas philosophandi appears in the full title of Spinoza's Theologico-Political Treatise (1670, hereafter TTP). Lærke argues that libertas philosophandi is the key to understanding "Spinoza's attempt to theorize a new republican public sphere" (5). As defined by Spinoza, "the freedom of philosophizing is not for Spinoza an individual right but a collective natural authority constitutive of a particular kind of public sphere" (5)—namely, one constituted by such recognizably republican notions as equality, integrity, virtue, and honor. It depends on citizens "having taken possession of their own free judgment and on their capability and willingness to engage with each other without prejudice and deceit" (234). Far from being "granted," libertas philosophandi is "achieved through civic education and mutual advising in the public sphere" (235). Rather than a formal permission or abstract right, libertas philosophandi is a socially mediated expression of power (or what the Ethics calls conatus, striving and expression): it emerges and is maintained through cultivation, regulation, and identification, and is communal—that is, political. Put another way, libertas philosophandi is a collective form of freedom enacted as a noncoercive exchange of views among equals who agree to search for truth and pursue well-being together. As distinct from the rational and intellectual freedom examined in the Ethics, libertas philosophandi reflects everyone's natural (and so inevitable) power of self-expression and does not depend on rational attainment. The task of politics is inducing as many people as possible to express themselves constructively. Thus, politics depends on motivating people to act as if they were rational. In practice, this means that citizens must commit themselves to friendly mutual advice and teaching rather than to coercive measures, to deliberative structures rather than to secrecy and partiality, and to acceptance of a unified sovereign, whatever the exact form of the government may be. Following the indications of TTP 5 and TTP 16-17, Lærke shows that this commitment can come about either imaginatively [End Page 523] or rationally. For those who do not or cannot—or cannot consistently—comprehend the usefulness of a well-constructed imperium, imaginative myths, such as the revelation at Mount Sinai or the social contract itself, are required. For those for whom the founding myths and codes, such as the principles of universal religion, prove insufficiently binding, state force intervenes. With characteristic erudition, Lærke situates Spinoza in the political, religious, sociocultural, and economic currents of mid- to late seventeenth-century Amsterdam. This contextualization leads to new ways of understanding Spinoza's place in the history of toleration and democratic thought. Lærke pairs this historical-philosophical sleuthing with close attention to Spinoza's exact language and argumentative structure. Most provocatively, Lærke insists on the fundamental continuity of Spinoza's political philosophy against influential readings that suppose a late-life change of heart. Chapters 2–5 explore the meaning of libertas philosophandi. Chapter 2, "Circles and Spheres of Free Philosophizing," retraces the history of the notion; chapter 3, "Philosophizing," presents philosophizing as a broad argumentative style encompassing reasoning from experience and practical or historical reasoning as well as more technical modes of inference and argument. What Spinoza calls the "natural light" and characterizes as "sound reason" is thus common to all, not restricted to intellectuals. Chapter 4, "The Apostolic Styles," studies Spinoza's analysis of the teaching methods exhibited in the Greek Scriptures. Chapter 5, "Authority," draws this part of the book to a... (shrink)

The authors of the article aim to show the ideological and historical origins of the idea of a social contract, as well as the fundamental difference between the modern version of the social contract and its historical predecessors. By distinguishing between the synodal and contractual principles of integration, the authors conclude that the social contract is not a purely modern political idea. The contractual principle as the basis of the organization and legitimization of power was systematically (...) developed already in the XIII-XIV centuries, taking the form of a socio-political program in the theory of the cathedral governance of the church. In contrast to medieval concepts, the modern social contract is not a consequence of God's established order, but the will of human individuals. Due to this determination of will, individuals limit their natural freedom for the sake of the possibility and good of common existence. (shrink)

Enhancements of the human germ-line introduce further inequalities in the competition for scarce goods, such as income and desirable social positions. Social inequalities, in turn, amplify the range of genetic inequalities that access to germ-line enhancements may produce. From an egalitarian point of view, inequalities can be arranged to the benefit of the worst-off group (for instance, through general taxation), but the possibility of an indefinite growth of social and genetic inequality raises legitimate concerns. It is argued (...) that inequalities produced by markets of germ-line enhancements are just if it they are embedded in a framework of social institutions that satisfies two conditions: (i) Rawls’ Difference Principle, which states that inequalities of income and wealth should benefit the worst-off group; (ii) the lexically prior 'principle of rough equality', which states that citizens’ initial life-chances should be similar enough, so that extreme inequalities in income, wealth and power are not produced or accumulated through institutions justified by the Difference Principle. The principle of rough equality replaces the Rawlsian principles of the Fair Value of the Political Liberties and Fair Equality of Opportunity in a post-genomic society and expresses a concern with background political equality, which is argued to be a condition of the freedom and equality of citizens that should not be traded off with material benefits. Extreme inequalities are defined in terms of political equality. (shrink)

Markets, just like states, are systems of governance. Their justification must therefore meet similar standards of moral scrutiny, despite the fact that their authority structure is impersonal. In order to argue for the role of markets as systems of governance that raise similar justificatory burdens, this book provides a philosophical account of market institutions. According to this view, shared social institutions define a framework for how members of a political community think and act toward one another, consistent with (...) citizens respecting themselves and one another as free persons, each entitled to guide their activities in light of their own judgments. The market is one of these shared institutions, so its rules must also be consistent with mutual respect as free persons. This perspective represents a fundamentally different way of thinking about economic life, which rejects both the view of economic actors as disconnected individuals in a state of nature and the view of economic actors as mere preference orderings that are inputs to a giant social welfare function. The book formulates a deeper framework for thinking about economic life, which can displace the familiar ideas that underpin contemporary neoliberalism and finance capitalism. In so doing, the book works out the implications of the idea that the burdens of equal citizenship extend to economic life, such that appropriately regulated markets and workplaces elicit and realize a system in which people respect one another as free. The book concludes with a defense of economic democracy, elements of which can be found under German codetermination. (shrink)

Many liberal political philosophers hold that the state should not impose or even promote any particular conception of the good life or human flourishing. It should not, for instance, enact laws and policies designed to elevate citizens' tastes, to refine their sensibilities or to perfect their characters. Instead, the state should restrict itself to maintaining a fair framework of rights and opportunities within which all citizens can pursue their own beliefs about what constitutes a good life. Against (...) this backdrop, Collis Tahzib develops a version of perfectionist political philosophy. Whereas previous perfectionists have argued that the promotion of flourishing ways of life is permissible or legitimate, Tahzib casts perfectionism as a doctrine of justice. On this view, the implementation of laws and policies designed to promote sound ideals of the good life--ideals such as moral, intellectual and artistic excellence--is not merely a legitimate complement to justice but an essential constituent of justice. Over the years, perfectionism has faced various objections: that it is premised on values and judgements that are controversial within modern pluralistic societies; that it is unduly restrictive of freedom or autonomy; that it treats citizens as if they are children, unable to run their own lives; that it expresses the meddlesome mentality of a village busybody; that it mistakenly assumes that there are objective truths about human flourishing; and that it risks the abuse of power by incompetent, overzealous or corrupt state officials. These ideas represent some of the deepest, most vibrant and most powerful strains in liberal thought. In defending perfectionism against these charges, the arguments in A Perfectionist Theory of Justice make a novel and important contribution to longstanding debates about the philosophical foundations of liberalism. (shrink)

This book offers a unique account of the role imagination plays in advancing the course of freedom's actualization. It draws on Paul Ricoeur's philosophical anthropology of the capable human being as the staging ground for an extended inquiry into the challenges of making freedom a reality within the history of humankind. This book locates the abilities we exercise as capable human beings at the heart of a sustained analysis and reflection on the place of the idea of justice in a (...) hermeneutics for which every expectation regarding rights, liberties, and opportunities must be a hope for humanity as a whole. The vision of a reconciled humanity that for Ricoeur figures in a philosophy of the will provides an initial touchstone for a hermeneutics of liberation rooted in a philosophical anthropology for which the pathétique of human misery is its non- or pre-philosophical source. By setting the idea of the humanity in each of us against the backdrop of the necessity of preserving the tension between the space of our experiences and the horizons of our expectations, the book identifies the ethical and political dimensions of the idea of justice's federating force with the imperative of respect. Paul Ricoeur's Philosophical Anthropology as Hermeneutics of Liberation will be of interest to scholars and advanced students working in hermeneutics, phenomenology, ethics, political theory, and aesthetics. (shrink)

This article investigates one of the major problems of modern political philosophy – the problem of justice in its fundamentally important methodological measurement in the Context of Ukraine. It’s consistently shown that justice belongs to a prominent place among the moral and social values: particularly its people owe to each other, because it is the scale, which measured freedom, equality and human rights.For this purpose it is analyzed the relationship and difference of methodological changes in grasping the concept (...) of justice in the works of K-O-Apel, J.Habermas, O.Höffe, R.Forst. It was found that Habermas interprets a new essence of solidarity and justice as normative principles of a democratic state where the requirement of respect for the dignity of each based on the acceptance of the inviolability of his body, life and property. It is proved that O.Höffe draws attention to the need of fundamental changes in the understanding of social justice, emphasizing the pre-modern, paternalistic sense of distributive models. Іn the writings of R.Frost social justice gain a political dimension, just as political or social relationship can exist only in case of their full justification, respect for human dignity. In the latest theories of justice is said that the victim of injustice is firstly the one who is ignored both in the process of manufacturing and distribution of public goods. To conclude: only the justice of exchange permits us to solve the immediate, practical dilemma: should one hand over a part of one’s freedom to social, state, authoritative structures, or be independent of them and be unable to resort to their assistance in case of emergency. People, perforce, mutually abandon part of their freedom as legal agents in order to enjoy their right for freedom. If this abandonment is universal, such exchange may be considered just. By insisting that everything individual is also social because it requires and is embedded into social context, R.Forst presents intersubjectivity as a fundamental dimension of human existence that shows itself in our ability to self-determination, i.e. freedom, but within the limits of human community. Also his point is that our obligations are no less rooted in our existence than our rights, and law has no priority over good and depends on moral good as a defining factor of justice. (shrink)

Our self-conception derives mostly from our own experience. We believe ourselves to be conscious, rational, social, ethical, language-using, political agents who possess free will. Yet we know we exist in a universe that consists of mindless, meaningless, unfree, nonrational, brute physical particles. How can we resolve the conflict between these two visions? In _Freedom and Neurobiology_, the philosopher John Searle discusses the possibility of free will within the context of contemporary neurobiology. He begins by explaining the relationship between (...) human reality and the more fundamental reality as described by physics and chemistry. Then he proposes a neurobiological resolution to the problem by demonstrating how various conceptions of free will have different consequences for the neurobiology of consciousness. In the second half of the book, Searle applies his theory of social reality to the problem of political power, explaining the role of language in the formation of our political reality. The institutional structures that organize, empower, and regulate our lives-money, property, marriage, government-consist in the assignment and collective acceptance of certain statuses to objects and people. Whether it is the president of the United States, a twenty-dollar bill, or private property, these entities perform functions as determined by their status in our institutional reality. Searle focuses on the political powers that exist within these systems of status functions and the way in which language constitutes them. Searle argues that consciousness and rationality are crucial to our existence and that they are the result of the biological evolution of our species. He addresses the problem of free will within the context of a neurobiological conception of consciousness and rationality, and he addresses the problem of political power within the context of this analysis. A clear and concise contribution to the free-will debate and the study of cognition, _Freedom and Neurobiology_ is essential reading for students and scholars of the philosophy of mind. (shrink)

During the period of competitive capitalism legal theory understands by law only the general rule and not every command of the sovereign. To say that the law is general is to give not only a description of its formal structure but also to indicate that it has a minimum of material content in that it guarantees a minimum of freedom. General law alone makes possible the independence of judges. It provides regulations for human spheres of freedom (personal, political, economic, (...) and social) and for human institutions. The main institution of modern society, private property in the means of production, is surrounded by supplementary liberties, namely, freedom of contract and of trade which serve to protect it and to implement its operation. In the period of competitive capitalism the legal system is considered to be a closed system of general norms which are to be applied by the judge ; the interpretation of law is therefore dogmatic.Legal theory and legal practice undergo decisive changes in the stage of monopoly capitalism. The German republic, based upon a series of social contracts, attempted to realize the principle of pluralism, that is to say, a parity between workers and employers, between Reich and federal states, between church and state. The very nature of this pluralistic structure, however, strengthened the power of the bureaucracy and thereby weakened the rule of law. Although the theory of the generality of law had disappeared from German constitutional theory during the Bismarckian period, it was restored in the Weimar Republic. This period is also characterized by the victory of the school of free discretion which demands that the judge is freed from the fetters of positive law and shifts the center of gravity of the legal system to those legal standards of conduct which grant to the judge considerable free discretion. These legal standards of conduct are stressed since they are an excellent means for furthering monopolistic interests to which rational law merely constitutes an obstacle. The administrative act which, as the command of the sovereign, directly protects monopolistic situations, became the new supplementary institution of property. The legal theory of monopoly capitalism is the institutionalism which National Socialism calls „thinking according to concrete orders and structures.“ Institutionalism hypostatizes the concept of institution and divorces it from the property owner. The reason for this change is that the concept of the legal person facilitates the discovery of the fact that only a few people exercise economic power. At the same time law becomes an arcanum dominationis, that is to say, a mere command of the Leader. If we understand by law a system of norms distinguished from the will or command of the sovereign, then we must deny a specific legal character to the legal system of the authoritarian state.Pendant la période du capitalisme de concurrence, la théorie du droit réserve le nom de loi à la seule loi universelle et non pas à tout commandement du souverain. La généralité ne caractérise pas seulement la structure formelle de la loi, elle implique aussi un certain contenu, en ce sens qu'elle garantit un minimum de liberté. Car seule la loi générale rend possible la véritable indépendance du juge. La loi générale règle les sphères de la liberté (personnelle, politique, économique et sociale) et les institutions humaines. L'institution fondamentale de la société bourgeoise, la propriété privée dés instruments de production, est entourée de libertés connexes, à savoir celles du contrat et de l'activité économique, nécessaires à la protection et à l'exercice de la propriété. Dans le capitalisme de concurrence, le système juridique est un système fermé, sans lacunes, de normes générales que le juge n'a qu’à appliquer. Aussi, la jurisprudence est, elle aussi, dogmatique.Dans le capitalisme de monopole, théorie et pratique juridiques subissent une transformation décisive. La république allemande qui reposait sur une multiplicité de contrats sociaux, avait tenté de réaliser le principe du pluralisme, c'est-à-dire de mettre sur le même plan travailleurs et entrepreneurs, Reich et pays, État et Église. Mais précisément cette construction pluraliste accrut la puissance de la bureaucratie et affaiblit ainsi l'autorité de la loi. L'idée de l'universalité de la loi, disparue pendant la période bismarckienne de la théorie allemande de l'État, fut restaurée durant la République de Weimar. En même temps, l'école du droit libre triomphe, école qui veut libérer le juge des chaînes de la loi positive et qui met l'accent sur les formules générales qui laissent une large place à la libre appréciation du juge. Ces formules sont maintenant au centre de la théorie aussi bien que de la pratique, parce qu'elles sont pour les intérêts de monopole un excellent instrument, tandis que le droit rationnel constitue pour ceux-ci un obstacle. Désormais c'est l'acte d'administration par lequel la souveraineté de l'État protège directement les situations de monopole, qui devient l'annexe institutionnel de la propriété privée. La théorie juridique du capitalisme de monopole est l'institutionalisme qui, dans le national-socialisme, prend le nom de „pensée concrète de l'ordre et de l'organisation“. L'institutionalisme donne une valeur absolue au concept de l'institution et le détache du propriétaire. Car le concept juridique de la personne permet de découvrir qu'un petit nombre d'individus exercent une énorme puissance économique. En même temps l'autorité devient mystère, pur et simple commandement du chef.Si l'on entend par droit un système* de normes, qui se distingue de la volonté du souverain, il faut refuser au droit de l'État autoritaire le caractère spécifiquement juridique. (shrink)

A central charge against T. H. Green’s conception of positive freedom is that it confuses freedom and social justice. Rather than illuminating and elucidating the meaning of liberty, Green, so the criticism goes, under the disguise of a definition, recommends social ideals and principles such as social justice. The validity of such arguments is not the focus of my concern. I argue, instead, that contemporary efforts to defend social legislation, the welfare state, and socialism from (...) the claims of negative freedom overlook the important interplay between context, conceptual mutability, and conceptual relationality in the construction of normative political arguments. Green’s conceptualization of positive freedom unveils just such interplay. To reclaim the vital conceptual-normative role of positive freedom in the tradition of liberalism and its contemporary discourse is the task of this paper. (shrink)

John Dewey was America's greatest public philosopher. A prolific and influential writer for both scholarly and general audiences, he stands out for the remarkable breadth of his contributions. Dewey was a founder of a distinctly American philosophical tradition, pragmatism, and he spoke out widely on the most important questions of his day. He was a progressive thinker whose deep commitment to democracy led him to courageous stances on issues such as war, civil liberties, and racial, class, and gender inequalities. This (...) book gathers the clearest and most powerful of Dewey's public writings and shows how they continue to speak to the challenges we face today. An introductory essay and short introductions to each of the texts discuss the current relevance and significance of Dewey's work and legacy. The book includes forty-six essays on topics such as democracy in the United States, political power, education, economic justice, science and society, and philosophy and culture. These essays inspire optimism for the possibility of a more humane public and political culture, in which citizens share in the pursuit of lifelong education through participation in democratic life. America's Public Philosopher reveals John Dewey as a powerful example for scholars seeking to address a wider audience and a much-needed voice for all readers in search of intellectual and moral leadership. (shrink)

The renowned philosopher John Searle reveals the fundamental nature of social reality. What kinds of things are money, property, governments, nations, marriages, cocktail parties, and football games? Searle explains the key role played by language in the creation, constitution, and maintenance of social reality. We make statements about social facts that are completely objective, for example: Barack Obama is President of the United States, the piece of paper in my hand is a twenty-dollar bill, I got married (...) in London, etc. And yet these facts only exist because we think they exist. How is it possible that we can have factual objective knowledge of a reality that is created by subjective opinions? This is part of a much larger question: How can we give an account of ourselves, with our peculiar human traits DS mind, reason, freedom, society - in a world that we know independently consists of mindless, meaningless particles? How can we account for our social and mental existence in a realm of brute physical facts? In answering this question, Searle avoids postulating different realms of being, a mental and a physical, or worse yet, a mental, a physical, and a social. There is just one reality: Searle shows how the human reality fits into that one reality. Mind, language, and civilization are natural products of the basic facts of the physical world described by physics, chemistry and biology. Searle explains how language creates and maintains the elaborate structures of human social institutions. These institutions serve to create and distribute power relations that are pervasive and often invisible. These power relations motivate human actions in a way that provides the glue that holds human civilization together. Searle shows how this account illuminates human rationality, free will, political power, and human rights. Our social world is a world created and maintained by language. (shrink)

Social justice is a concept we take for granted. We assume that it means using state structures to ensure equality and fairness. But is that true? Or, do state structures of social order actually inhibit creativity, freedom, social welfare, and belonging? This collection broadens the boundaries of the ways we think about what constitutes criminality and interrogates issues of social justice and power in new, innovative and critical ways. The essays examine a wide variety (...) of themes, including the deconstruction of concepts of freedom and equality, notions of criminality and deviance, state regulation of social order, and various aspects of feminist criminology. (shrink)

Could global government be the answer to global poverty and starvation? Cosmopolitan thinkers challenge the widely held belief that we owe more to our co-citizens than to those in other countries. This book offers a moral argument for world government, claiming that not only do we have strong obligations to people elsewhere, but that accountable integration among nation-states will help ensure that all persons can lead a decent life. Cabrera considers both the views of those political philosophers who say (...) we have much stronger obligations to help our co-citizens than foreigners and those cosmopolitans who say our duties are equally strong to each but resist restructuring. He then outlines his own position, using the European Union as a partial model for the integrated alternative and advocating instituting EU-style supranational government, development aid, and free movement of persons in the Americas and other regions. Over time, Cabrera argues that the transformation of the global system into a cohesive network of democratic institutions would help ensure that anyone born anywhere could lead a decent life. This book will appeal to all those interested in political philosophy and the processes and potential of globalization. (shrink)

Virtually everyone believes that we have a duty to rescue fellow human-beings from serious danger when we can do so at small cost to ourselves – and this often forms the starting point for arguments in moral and political philosophy on topics such as global poverty, state legitimacy, refugees, and the donation of body parts. But how are we to explain this duty, and within what limits does it apply? It cannot be subsumed under a wider consequentialist requirement (...) to prevent harm. Nor can it be understood as a duty of social justice that citizens owe to one another under a social contract for mutual protection. Instead it is a sui generis duty of justice that arises from the direct physical encounter between rescuer and victim, and is accordingly limited in scope. However the simplicity of the duty evaporates when multiple potential rescuers are present. Here responsibility lies with the collective as a whole until it is assigned by a fair procedure to individual members. Each individual is required as a matter of justice to discharge that share, but not more, though in the case that others do not comply, he will have a reason, and sometimes a humanitarian duty, to take up the slack. (shrink)

'Man being born...to perfect freedom...hath by nature a power...to preserve his property, that is, his life, liberty and estate.'Locke's Second Treatise of Government is one of the great classics of political philosophy, widely regarded as the foundational text of modern liberalism. In it Locke insists on majority rule, and regards no government as legitimate unless it has the consent of the people. He sets aside people's ethnicities, religions, and cultures and envisages political societies which command our assent because (...) they meet our elemental needs simply as humans. His work helped to entrench ideas of a social contract, human rights, and protection of property as the guiding principles for just actions and just societies.Published in the same year, A Letter Concerning Toleration aimed to end Christianity's wars of religion and called for the separation of church and state so that everyone could enjoy freedom of conscience. In this edition of these two major works, Mark Goldie considers the contested nature of Locke's reputation, which is often appropriated by opposing political and religious ideologies. (shrink)

John Dewey was America's greatest public philosopher. A prolific and influential writer for both scholarly and general audiences, he stands out for the remarkable breadth of his contributions. Dewey was a founder of a distinctly American philosophical tradition, pragmatism, and he spoke out widely on the most important questions of his day. He was a progressive thinker whose deep commitment to democracy led him to courageous stances on issues such as war, civil liberties, and racial, class, and gender inequalities. This (...) book gathers the clearest and most powerful of Dewey's public writings and shows how they continue to speak to the challenges we face today. An introductory essay and short introductions to each of the texts discuss the current relevance and significance of Dewey's work and legacy. The book includes forty-six essays on topics such as democracy in the United States, political power, education, economic justice, science and society, and philosophy and culture. These essays inspire optimism for the possibility of a more humane public and political culture, in which citizens share in the pursuit of lifelong education through participation in democratic life. America's Public Philosopher reveals John Dewey as a powerful example for scholars seeking to address a wider audience and a much-needed voice for all readers in search of intellectual and moral leadership. (shrink)

Virtually everyone believes that we have a duty to rescue fellow human-beings from serious danger when we can do so at small cost to ourselves – and this often forms the starting point for arguments in moral and political philosophy on topics such as global poverty, state legitimacy, refugees, and the donation of body parts. But how are we to explain this duty, and within what limits does it apply? It cannot be subsumed under a wider consequentialist requirement (...) to prevent harm. Nor can it be understood as a duty of social justice that citizens owe to one another under a social contract for mutual protection. Instead it is a sui generis duty of justice that arises from the direct physical encounter between rescuer and victim, and is accordingly limited in scope. However the simplicity of the duty evaporates when multiple potential rescuers are present. Here responsibility lies with the collective as a whole until it is assigned by a fair procedure to individual members. Each individual is required as a matter of justice to discharge that share, but not more, though in the case that others do not comply, he will have a reason, and sometimes a humanitarian duty, to take up the slack. (shrink)