On the basis of a Hohfeldian analysis of rights, Leif Wenar explains how rights perform six distinct functions. He then argues that his several function theory is preferable to the single function will and interest theories of rights. But in his description of the theories of H. L. A. Hart and Neil MacCormick, he fails to distinguish between essential and non-essential functions. When these are considered, neither is a single function theory. And an ambiguity (...) in Wenar’s descriptions of the functions of rights suggests the distinction between inherent and instrumental functions. This distinction reveals an additional complexity in the theories of Hart, MacCormick, Feinberg and Raz, among others. Therefore, any adequate theory of the functions of rights must recognize the currently ignored distinctions between essential and nonessential functions and between inherent and instrumental functions. (shrink)

Marx’s theory of ground rent has been widely used to help understand the trinity of land, labor, and capital. However, limited attention has been paid to the role of water within the Marxian rent framework. This lack of attention proves troubling due to the role of surface waters as an essential means of production throughout capitalism. Here I restate Marxian ground rent in the form of water rent and discuss the function of water-rent in the two dominant surface water (...) rights doctrines of the United States—the riparian doctrine and the doctrine of prior appropriation. In doing so, I revise the distinction between differential rent 1 and differential rent 2 to provide more analytically useful categories. Paying special attention to issues of drought and scarcity, I fully articulate the function of Marxian rent and its four forms for both surface water rights doctrines, while clearly stating where they do and do not differ. (shrink)

Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order (...) and the world citizens’ fundamental human rights predicated upon a Kantian concept of human dignity. On this basis, it is now possible to examine the overall function of ICL. Given the fact that ICL has not yet achieved the status of an autonomous discipline, the inquiry must start with a discussion of national theories of criminalisation. The article focuses on the two most important theories of criminalisation, namely the theories of protection of Rechtsgüter and the prevention of harm. Next, it examines whether and how these national theories can be transferred to ICL. (shrink)

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...) as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. -/- This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities. (shrink)

This paper focuses on examining the right to development. More specifically, the paper examines two questions relating to the right to development. The first focuses on the issue of justification: can the right to development that appears in the UN Declaration on the Right to Development be provided an adequate philosophical justification? The second question focuses on the function of the right to development: If the right to development simply ‘repackages’ duties correlative to other existing human rights – (...) as it may be argued to be the case with the right enshrined in the Declaration on the Right to Development – does it serve any meaningful function? In answering the first question, the paper argues that the right to development enshrined in the Declaration on the Right to Development is essentially a derivative right, and ultimately its philosophical justification is dependent on whether or not the legal human rights the realisation of which it seeks to enable can be provided an adequate philosophica.. (shrink)

The separation-of-powers literature has entertained the possibility of differentiating governmental functions at a conceptual, pre-institutional level, as a way of defining the separation of powers. However, it can be objected that attempts at differentiating functions at this level cannot escape a problem of arbitrariness. In this article, I develop an account of the separation of powers which addresses this problem. On my account, the legislative function is defined by the creation of validity claims, understood as claims making it a (...) matter of normative common-knowledge that such and such normative attitudes hold for the interaction between agents. The executive-judicial function is defined by the specification of rights and other jural positions out of the validity claims. This account of the separation of powers has the double advantage that it works at a conceptual, pre-institutional level, and that it is able to distinguish between the functions in a non-arbitrary manner. In developing this account, I also consider its practical implications. I argue that the conceptual distinction between the legislative and the executive-judicial functions is expressive of rule-of-law values, and that this might render it a sufficient but not necessary condition for the institutional separation of powers. (shrink)

Nietzsche talks about shame [scham*, schmach*, schand*] in all of his published and authorized works, from The Birth of Tragedy to Ecce Homo. He refers to shame in over one hundred passages – at least five times as often as he refers to resentment/ressentiment. Yet the scholarly literature on Nietzsche and shame includes just a handful of publications, while the literature on Nietzsche and resentment includes over a thousand. Arguably, this disproportionate engagement has been driven by the fact that English (...) translations of Nietzsche’s writings systematically italicize and transliterate ‘ressentiment’ rather than treating it as the normal word it is. In any case, this chapter aims to fill the gap in the secondary literature by using digital humanities methods to systematically investigate the functions of shame in Nietzsche’s writings. I argue that Nietzsche is ambivalent about shame, depending on the function that it serves. There are four main functions. First, in a society of near-equals, it regulates interactions and incentives in ways that preserve game-theoretic equilibria. Second and relatedly, Nietzsche associates the capacity to experience nuanced and appropriate feelings of shame – and to anticipate them in others – with the pathos of distance, a virtue that he associates with nobility. Third, when shame is directed towards fixed aspects of human nature, it transforms those aspects into vices; by contrast, when it is directed towards malleable aspects of human nature, it may foster self-improvement and virtue. Nietzsche frequently laments the way that shame targets immutable aspects of ourselves. Finally and relatedly, Nietzsche casts counter-shame on those who would direct first-order shame on fixed aspects of human nature, as well as a paradoxical form of uplifting shame on their victims. If this is right, then Nietzsche does not offer a univocal verdict on shame. Instead, like many other emotions and emotional capacities, shame is inescapable, complex, and function-relative. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

The twentieth century saw a vigorous debate over the nature of rights. Will theorists argued that the function of rights is to allocate domains of freedom. Interest theorists portrayed rights as defenders of well-being. Each side declared its conceptual analysis to be closer to an ordinary understanding of what rights there are, and to an ordinary understand- ing of what rights do for rightholders. Neither side could win a decisive victory, and the debate ended (...) in a standoff. (shrink)

The relationship between Kant’s “Doctrine of Right” and his broader moral philosophy is a fraught one, with some readers insisting that the two domains are mutually supporting parts of a cohesive practical philosophy and others arguing for their conceptual and legislative independence. In this paper I investigate the reasons for this disparity and argue that both main interpretive camps are mistaken, for Kant’s Rechtslehre can neither be reconciled to his moral philosophy nor stand on its own. I argue that this (...) failure results from Kant’s confused attempt to define the sphere of right as one that functions independently of the moral domain through the construction of non-moral yet categorical imperatives. The result is a fundamental tension in Kant’s text that can only be solved through either collapsing juridical duties into broad moral duties or denying any categorical status to duties of right. (shrink)

All organizations have gray areas where the border between right and wrong behavior is blurred, but where a major part of organizational decision-making takes place. While gray areas can be sources of problems for organizations, they also have benefits. The author proposes that gray areas are functional in organizations. Gray areas become problematic when the process for dealing with them is flawed, when gatekeeper managers see themselves as more ethical than their peers, and when leaders, by their own inattention, inaction, (...) and poor modeling, minimize the importance of building a moral community by delegating gray area issues to second-tier administrators. Gray areas provide wiggle room in coping with ethical dilemmas in organizations. (shrink)

By the end of 18th century, when one of the well-known political documents, the Declaration of the Rights of Man and of the Citizen, was enacted, it hasn’t been that difficult to find the answer to the question about “what” of the human rights, though then we acceded to the grounds of a basically different morals. One way or another, human rights were derived from reason, meaning from the ability which should be able to write “The Pure (...) Reason Gospel”. A century and a half later, in 1948, such question not only had certain shortcomings, but in just a few years of practicing the Universal Declaration of Human Rights it became clear that searching for “what” of human rights opens numerous and profound dissidences every day. Therefore a strategic shift was suggested: to proclaim the question about “what” to be prevalent and commit ourselves to the “how” of human rights. Instead of positive assignment , we suggest a negative assignment: What kind of thinking can negatively affect the “how” of human rights? In this enclosure, we need to show how postmodernism brought onto-theological thinking which acts like lenses that give us wrong perspective on human rights and therefore represents one of the biggest contemporary threats for human rights. (shrink)

ABSTRACTAccording to interest theorists of rights, rights function to protect the right-holder's interests. True. But this leaves a lot unsaid. Most saliently here, it is certainly not the case that every agent who stands to benefit from performance of a duty gets to be a right-holder. For a theory to allow this to be the case—to allow for an explosion of right-holders—would be tantamount to a reductio thereof. So the challenge for interest theorists is to respect the (...) core of the interest theory while delimiting the set of right-holders in a principled manner. The foremost explicit attempt to do this has invoked Bentham's test. Predictably, invocation of this test has come under attack, with the ultimate aim of challenging the interest theory itself. My purpose in this paper is to render Bentham's test as clearly and accurately as possible. Doing so will raise issues of modality—ultimately in rendering Bentham's test's logical form. Ultimately a core attack on Bentham's test falls away, and, to that extent, the interest theory remains standing as a promising theory of rights. (shrink)

Michael Polanyi’s essay “Rules of Rightness” argues that for living beings, both machine-like embodied processes and informal purposeful operations are guided by standards of proper func­tioning. This article traces the origins of rules of rightness back to the concomitant rise of life and purpose in the universe. Thereby the deterministic control of all things by the laws of physics and chemistry is broken. Powered by an independent active principle and guided by three inarticu­late modes of learning, life takes on increasingly (...) complex expressions of purpose in evolutionary history. Along the way, purposeful informal operations make use of and often create contrivances that further the explosive telic growth of life. (shrink)

I begin this paper by summarizing and critiquing the debate between two views: Moral Specificationism about rights and Moral Generalism about rights. I then show how the conceptual framework that Wesley Hohfeld uses to describe legal rights can also clarify the discussion of moral rights, in general, and of moral specification, in particular. Drawing upon Hohfeld’s framework, I argue for the Restricted Account of the moral specification of rights, which stakes out a middle-ground between the (...) view that all justified exceptions are built into the description of rights and the view that no exceptions are built in. According to the Restricted Account, if and only if the justification for an exception is the same as the justification for rights within the broader ethical theory, then the exception is specified in the right. The Restricted Account is compatible with a wide variety of theories of the function of rights. (shrink)

Why do we formulate arguments? Usually, things such as persuading opponents, finding consensus, and justifying knowledge are listed as functions of arguments. But arguments can also be used to stimulate reflection on one’s own reasoning. Since this cognitive function of arguments should be important to improve the quality of people’s arguments and reasoning, for learning processes, for coping with “wicked problems,” and for the resolution of conflicts, it deserves to be studied in its own right. This contribution develops first (...) steps towards a theory of reflective argumentation. It provides a definition of reflective argumentation, justifies its importance, delineates it from other cognitive functions of argumentation in a new classification of argument functions, and it discusses how reflection on one’s own reasoning can be stimulated by arguments. (shrink)

The “rhetorical incorporation of human rights terminology” into domestic law is the central concern of this article. Over the last 20 years or so, countries have faced international pressure to conform to human rights standards in order to enjoy legitimacy. However, there is a huge gap between what is legalized as “human rights” in domestic laws and what is set forth as “human rights” in international human rights instruments. Based on this presupposition that a proper (...) incorporation of human rights on the books is a prerequisite for putting them into practice, this study by adopting a Systems Thinking approach seeks to show that law as a soft system on the books is more than the name and number of rights. It is a complex whole whose function depends on not only the name and number of rights but also different features of rights and the relationships between them. To this end, law is conceived as a system of rights that has five major features including the “frame of reference,” “scope of rights,” “orientation of rights,” “enforceability of rights,” and “realizability of rights.” The way of codification of human rights with respect to each of these features makes a big difference in implementing human rights in practice. To develop a heuristic devise for evaluating the situation of human rights in current legal systems, the conceptual space of law as a system of rights is depicted in a matrix called a “Rights Fabric Matrix.”. (shrink)

This paper addresses the following questions: what is Fichte’s first principle of right, how does he argue for it, and how does it function as the first principle of his substantive political theory? To answer these questions, the paper offers an overview of the main steps of Fichte’s derivation of the principle of right, explains its relationship to Fichte’s account of individual personhood, and then specifies some of the senses in which the resulting principle serves as the foundation of (...) the rest of Fichte’s political and economic theory. I focus on the developmental logic of Fichte’s account of the “summons” and the “relation of right.” This developmental logic, I argue, is both recapitulated and completed within Fichte’s political theory and political economy. (shrink)

Suppose you are on a commercial airplane that is flying at 35,000 feet. Next to you sits a man who appears to be sleeping. In fact, this man has been drugged and put upon the plane without his knowledge or consent. He has never flown on a plane before and, indeed, has no idea what an airplane is. Suddenly the man awakes and looks around him. Terrified by the alien environment in which he finds himself, he searches for a door (...) or window from which to make an escape. As luck would have it, he is seated right next to a window exit and he begins to pull the handle that will open the window. You are aware that opening the window exit at this altitude will cause the cabin to quickly depressurize and that this man, you, and probably several other passengers will be sucked out the window to your deaths. You desperately want to stop him from opening the window. Now assume that for some reason it is impossible to prevent him physically from performing the deadly act. Your only option is to rationally persuade him to leave the window exit alone. You cry out to him and, with both hands on the handles, he turns to face you and waits to hear what you have to say. What sort of argument would you make? (shrink)

This paper examines two explanations Sellars gives, at successive stages of his career, of how semantic vocabulary lets us relate linguistic expressions to extra-linguistic reality. Despite their differences, both explanations reveal a distinctive pragmatist approach. According to Sellars, we do not use semantic vocabulary to describe language-world relations. Rather, our taking language to relate to the world is implicit in the moves licensed by our semantic assertions. I argue that Sellars's discussions of the function of semantic vocabulary point to (...) an overlooked position regarding the relation between the concepts of meaning and truth. According to him, the function of meaning ascriptions cannot be explained independently of the function of truth ascriptions. That is because the function of meaning ascriptions essentially involves licensing claims about the world when combined with truth ascriptions. If he is right, this poses a challenge to deflationary accounts of the function of truth talk. (shrink)

The detail with which Aristotle discusses the moral virtues might suggest that he is adopting some version of the theory which in our own day is described as ‘virtue ethics’. I shall argue that his emphasis on the importance of proper character formation does not imply the this rather than actions is the primary focus of ethics. Similarly, it will be argued that Aristotle does not intend to suggest that consideration of the virtues offers a much more promising approach to (...) difficult moral issues than is provided by considering moral principles and their complex inter-relationships. And, though Aristotle does in one passage say that it is moral virtue – and hence emotional response – which makes the end of our actions right, it would be a mistake to think of him as a kind of proto-Humean. Aristotle does find a role for moral principles, for deliberation, and for practical wisdom as an intellectual virtue. At the heart of his account is a subtle and complex relationship between emotion, insight, and reasoning. His view of moral decision making is both more startling and more defensible than one might expect. (shrink)

The essays in this volume are based on the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights. The (...) essays are contributed by political scientists, historians, lawyers, and sociologists. (shrink)

This study explores how in science fiction’s novels myths are intimately linked to their ideological dimension and criticism. It begins with a mythocritical analysis that leads to a mythoanalysis in order to understand how those myths and the big issues of the accelerating technoscientific progress in the 20th and 21th centuries are linked. My approach is based on the restricted example of Dan Simmons’ science fiction novels: by studying the myths he rewrites, I will show that those myths are representing (...) how technoscience can have an influence on history, on the development of humanity and on the issue of ethics. (shrink)

Alan Gewirth extends his fundamental principle of equal and universal human rights, the Principle of Generic Consistency, into the arena of social and political philosophy, exploring its implications for both social and economic rights. He argues that the ethical requirements logically imposed on individual action hold equally for the supportive state as a community of rights, whose chief function is to maintain and promote the universal human rights to freedom and well-being. Such social afflictions as (...) unemployment, homelessness, and poverty are basic violations of these rights, which the supportive state is required to overcome. A critical alternative to both "liberal" and "communitarian" views, this book will command the attention of anyone engaged in the debate over social and economic justice. (shrink)

This article accepts the proposition that old people want to be treated with dignity and that statements about dignity point to ethical duties that, if not independent of rights, at least enhance rights in ethically important ways. In contexts of policy and law, dignity can certainly have a substantive as well as rhetorical function. However, the article questions whether the concept of dignity can provide practical guidance for choosing among alternative approaches to the care of old people. (...) The article explores the paradoxical relationship between the apparent lack of specific content in many conceptions of dignity and the broad utility that dignity appears to have as a concept expressive of shared social understandings about the status of old people. (shrink)

Do citizens of liberal democratic states have a moral right to engage in civil disobedience? Famously, Joseph Raz argued that they do not. In this article, I defend his argument against some recent challenges, but show how it is tied to a particular model of civil disobedience. On this model, the purpose of civil disobedience is to protest and prevent particularly egregious violations of justice. A moral right to civil disobedience can be grounded on a different model, where the (...) class='Hi'>function of civil disobedience is to identify and counterbalance democratic deficits. Against the widespread tendency amongst theorists of civil disobedience to want to defend civil disobedience as the exercise of a moral right, however, I do not then argue for the adoption of the democratic model. Whilst I acknowledge the reasons behind wanting a rights-based defence, and concede that different kinds of civil disobedience might have to be defended on different grounds, I sound a note of caution. The meta-theoretical relation between moral grounds and political function uncovered in this article works both ways. It should make theorists more mindful of the self-understanding to which a rights-based moral defence of civil disobedience commits protesters. (shrink)

John Rawls makes a provocative, original, but largely underdeveloped and neglected suggestion about the most basic subject-matter and aims of normative ethical theory. Rawls proposes that the moral concept of ‘right’, which we use when we call an individual action or social practice morally right or wrong, is defined by the functional role it has of properly adjudicating conflicting claims that persons make on one another and on social practices. Substantive moral theories of right and wrong, including utilitarianism, Kantianism and (...) contractualism, are supposed to provide more specific principles, criteria, values and ideals for interpreting and resolving this fundamental moral problem. It is not immediately apparent, however, what moral problem Rawls thinks substantive theories of right are supposed to interpret and address. The aim of this paper is to offer a fuller account of what Rawls could have meant by defining the concept of right as the proper adjudication of conflicting claims that persons make on one another or on social practices. I also describe and assess three implications of this expanded definition of right and I end with two reasons why one might accept some version of it. (shrink)

Using fMRI, we investigated how right temporal lobe gliomas affecting the posterior superior temporal sulcus alter neural processing observed during speech perception and production tasks. Behavioural language testing showed that three pre-operative neurosurgical patients with grade 2, grade 3 or grade 4 tumours had the same pattern of mild language impairment in the domains of object naming and written word comprehension. When matching heard words for semantic relatedness (a speech perception task), these patients showed under-activation in the tumour infiltrated right (...) superior temporal lobe compared to 61 neurotypical participants and 16 patients with tumours that preserved the right postero-superior temporal lobe, with enhanced activation within the (tumour-free) contralateral left superior temporal lobe. In contrast, when correctly naming objects (a speech production task), the patients with right postero-superior temporal lobe tumours showed higher activation than both control groups in the same right postero-superior temporal lobe region that was under-activated during auditory semantic matching. The task dependent pattern of under-activation during the auditory speech task and over-activation during object naming was also observed in eight stroke patients with right hemisphere infarcts that affected the right postero-superior temporal lobe compared to eight stroke patients with right hemisphere infarcts that spared it. These task-specific and site-specific cross-pathology effects highlight the importance of the right temporal lobe for language processing and motivate further study of how right temporal lobe tumours affect language performance and neural reorganisation. These findings may have important implications for surgical management of these patients, as knowledge of the regions showing functional reorganisation may help to avoid their inadvertent damage during neurosurgery. (shrink)

I reply to each of the contributions in this issue. I agree with much that Hillel Steiner argues, especially his insistence that the associated ideas of impartiality and discontinuity are crucial to dealing satisfactorily with a diversity of competing claims. I am, however, less willing to conceive provision for that diversity as the role, rather than a role, that we should ascribe to rights. I question the success of David Miller?s endeavour to provide a unified justification of human (...) class='Hi'>rights grounded in the concept of need. It is the notion of a minimally decent human life, rather than need itself, that does most of the justificatory work in Miller?s argument and, arguably, that notion does not deliver a genuinely unitary account of human rights. I concede the case for state funding of opera and the arts more generally to John Horton?s argument, but defend neutralism, and its associated distinction between the right and the good, as a strategy for dealing with diversity, including cultural diversity. I resist Richard Bellamy?s attempt to ground all basic rights in democracy and suggest that his argument relies upon idealized assumptions about the functioning of democracy. I share much of his objection to substituting judicial for political decision-making but argue that a strong moral commitment to rights need not imply a shift in power from democratic processes to courts. I endorse Albert Weale?s argument for favouring a beneficial design approach over a rights approach to healthcare and to many other social goods. Rights should not monopolize our moral and political thinking. (shrink)

The paper engages the conceptual question of the nature of rights. First, moral methodology for developing criteria to judge the adequacy of theories for the concept of rights is discussed. Standard methodologies for conceptual theory, such as analysis of language practices, appealing to intuitions to test and correct hypotheses, and mixtures of these with appeals to substantive moral values, are shown to fail in important ways to give us reasons to adopt one or another view of the concept. (...) An alternative methodology is proposed which appeals to the distinct role of concepts in our value scheme (the added value of being able to employ such concepts in our moral judgments). This is then used to develop criteria for a successful theory of rights. Two existing theories are shown, as a matter of illustration, to fail to satisfy the criteria, and finally an alternative theory of rights which does satisfy these criteria is proposed and defended. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Meanings and Function of Anti-System Ideology in the Weimar RepublicBen LiebermanThere are few, if any, ideological terms in the extensive historiography of the Weimar Republic so omnipresent and yet at the same time so obscure as the word “system.” Historical accounts of the Weimar Republic are strewn with references to the “system.” In recent works on the Weimar Republic Hagen Schulze points to the opposition of bourgeois (...) (bürgerliche) parties to the “Weimar ‘system,’ “ Detlev Peukert notes “hatred of ‘the system,’ the political and social order of the Republic”; Knut Borchardt observes the loss of faith in the capacity of “the system” to satisfy expectations; and Hans Mommsen refers to the “political system,” the “party system” and the “parliamentary system.” 1Historians, whatever their other differences, agree that mounting opposition to the System weakened the Weimar Republic, but the usefulness of this observation requires analysis of the meaning or meanings of the System. What, then, was the Weimar System? Surprisingly, many accounts of the Weimar Republic do not even attempt to provide a definition of the System, and the term receives only cursory treatment in several specialized works on ideology of the Weimar era. 2 Anti-System politics does receive attention, but Thomas [End Page 355] Childers’s insightful and pioneering essay on “anti-system politics” concentrates on mobilization against the System rather than on the problem of defining it. 3The best existing analysis of the System in Kurt Sontheimer’s valuable study of anti-democratic thought in the Weimar Republic suggests that historians cannot take the meaning of the term as a given. Sontheimer establishes that the System formed part of the array of anti-democratic thought of the Weimar Republic, but he also notes that the term’s meaning cannot easily be pinned down. The System conveyed a variety of political and economic meanings and ultimately formed a “nationalist counter myth.” 4During the Weimar Republic, attacks against the System emanated from a wide range of sources, most notably from a variety of nationalists as well as from Communists. Nationalists of many leanings detested the System. The DNVP (German National People’s Party), the largest political party of the right for most of the Weimar Republic, hated the System. So, too, did conservative revolutionaries and völkisch (ethnic or racist nationalist) groups including nationalist associations and the National Socialists. At the other end of the political spectrum, attacks against the System also surfaced in the pronouncements of the KPD (German Communist Party). 5No single ideological line of attack doomed the Weimar Republic, but use by an extraordinarily broad range of political groups lent tremendous force to anti-System discourse. Adopted by foes who sometimes agreed on little else, the System was the targets of repeated attacks spread across the German political spectrum and called into question Weimar legitimacy. Analyzing this broad pattern of use raises several tasks. As a prelude to investigating anti-System terminology, it is necessary to map out the patterns of use of the System during the Weimar Republic. The very ability of rival groups to adopt anti-System suggests that the System incorporated varied meanings.Beyond investigating the meaning or meanings of the System, an analysis of anti-System terminology should also explore the appeal and influence of anti-System terminology. Why did such a broad range of groups adopt anti-System discourse, and how did acceptance of anti-System terminology help to discredit the Weimar Republic and designate alternatives for Germany’s future? [End Page 356]Describing Weimar’s perceived failings, anti-System terminology simultaneously provided a partial guide to a presumably-better Germany without the System. The System came to envelop many institutions of German public life, but attention should also be paid to spaces left unoccupied by the System. What, if any, institutions or structures of public life were left untainted by the broad wave of attacks against the System? If the hated System could be swept away, what would be left in its place? It is noteworthy that the many enemies of the System generally desired a strong state.Exploring the effects of broad attacks against the System, analysis of the System should also... (shrink)

The indispensability of the ‘postulate of practical reason with regard to Right’ to Kant's property argument in the Rechtslehre is now widely recognized. However, most commentators continue to focus their attention on the relation between the postulate and the deduction of the concept of intelligible possession. The nature of this relation remains a matter of dispute in part because the precise position of the postulate within chapter one of the Rechtslehre remains undecided. Given this, it is perhaps not surprising that (...) the related question has been neglected, as to why Kant should characterize the postulate of Right as a postulate of practical reason. Yet the fact that he does so is of some significance – especially if one recalls the definition in the Critique of Practical Reason of postulates of practical reason as practically necessary but theoretically indemonstrable propositions. What is of interest about this definition is not just the fact that it designates postulates as practically necessary and as theoretically indemonstrable at the same time – even more intriguing is the intimated relation between practical necessity and theoretical indemonstrability. Kant does not think the postulates' theoretical indemonstrability morally insignificant. To the contrary, their moral significance for us appears to be a function, in part, of their theoretical indemonstrability. (shrink)

The Will Theory of Rights has commonly been criticized for excluding from the class of rights bearers all subjects who are incapable of agency. The Interest Theory of Rights faces the challenge of avoiding undue proliferation of the class of rights bearers. I advance a novel argument for a specific demarcation of the class of rights bearers. I then argue that this demarcation implies that the function of the moral rights of subjects incapable (...) of exercising agency is to protect them from being treated with illegitimate disregard in a certain sense. I advance reasons for holding that this theory is neither a Will Theory nor an Interest Theory, or a combination of these theories. The proposed account is significant also if it is interpreted as a version of the Interest Theory. It brings significant benefits in the form of cohesiveness, simplicity, and intuitive appeal. (shrink)

A pervasive feature of populism is the use of rescue narratives to stimulate emotional adherence with audience predicated on evoking fear versus hope for salvation. This paper argues that restricting the rhetorical appeal of rescue narratives to the affective domain obscures the argumentative function that these narratives partake in constructing political arguments. It, thus, claims that rescue narratives can perform as arguments when used to provide reasons to justify political action. The paper examines the way(s) Donald Trump employs rescue (...) narratives as arguments to justify military interventions in Iraq and Syria. The analytical framework supplements the argumentative strategies of the Discourse-Historical Approach to Critical Discourse Studies with pragma-dialectics’ argumentation schemes. The analysis shows that the different elements of the narrative construct premises for argument schemes adduced to justify the rightness of claims. Conceptualizing Trump’s rescue narratives as arguments prompts a reflection on the possibility of narrative discourse to be associated with the domain of reason. (shrink)

The strong predominance of right-handedness appears to be a uniquely human characteristic, whereas the left-cerebral dominance for vocalization occurs in many species, including frogs, birds, and mammals. Right-handedness may have arisen because of an association between manual gestures and vocalization in the evolution of language. I argue that language evolved from manual gestures, gradually incorporating vocal elements. The transition may be traced through changes in the function of Broca's area. Its homologue in monkeys has nothing to do with vocal (...) control, but contains the so-called “mirror neurons,” the code for both the production of manual reaching movements and the perception of the same movements performed by others. This system is bilateral in monkeys, but predominantly left-hemispheric in humans, and in humans is involved with vocalization as well as manual actions. There is evidence that Broca's area is enlarged on the left side in Homo habilis, suggesting that a link between gesture and vocalization may go back at least two million years, although other evidence suggests that speech may not have become fully autonomous until Homo sapiens appeared some 170,000 years ago, or perhaps even later. The removal of manual gesture as a necessary component of language may explain the rapid advance of technology, allowing late migrations of Homo sapiens from Africa to replace all other hominids in other parts of the world, including the Neanderthals in Europe and Homo erectus in Asia. Nevertheless, the long association of vocalization with manual gesture left us a legacy of right-handedness. Key Words: cerebral dominance; gestures; handedness; hominids; language evolution; primates; speech; vocalization. (shrink)

Religion in our time continues to play a significant role in the life of society and personality. For an average person, it first of all appears as a set of functions that it performs for a particular community of believers. "Religion can be described through its functionality," A. Kolodnyi rightly observes, "but can not be understood through its essence".

In an attempt to control the 'ballooning' of (discourse about) human rights James Griffin proposes a theory of them grounded in their presumed aim of protecting what he calls 'normative agency'. This paper criticizes the resulting theory's restriction of those thereby deemed to possess human rights only to functioning human agents, and does so in part through special attention to cases of human beings trapped in non-functioning bodies. The need for a less stringent account of the conditions necessary (...) for possession of human rights is suggested, and is defended against the claim that adoption of such an account would continue to favour debasement of the language of human rights. (shrink)

‘Modal aspect’ is a central notion in so-called ‘Calvinistic Philosophy’. To be sure, this is true of only one of its versions, namely Dooyeweerd’s. For Vollenhoven’s systematic philosophy, which of course may also lay claim on the title CP, has no use for it. In his version pride of place is given to the notion of ‘function’. This paper is a meditation on the question what ‘aspects’ and ‘functions’, within the bounds of CP, are supposed to be. Doing so (...) will shed, I hope, at least some light on the question which, if any, of the two is the more intelligible and useful notion. Right at the beginning I should like to make it clear that this paper is narrowly focussed on the indicated questions. My aim is not to discuss any theory about modal aspects, such as Dooyeweerd’s theory that modal aspects are refractions in time of something supra temporal, or his theory that there is an Archimedian Point from which human beings can overlook the various modal aspects. Nor will I discuss any theory about functions. The indicated questions seek to establish what the phenomena are that such theories are about. This paper is also narrowly focussed in that whatever differences may turn out to exist in the course of this meditation between Vollenhoven and Dooyeweerd, it will not discuss them in any depth. A serious discussion of these differences will have to take into account the theories that I propose presently not to deal with. Let me now turn to the first question. (shrink)