In his ‘On a Supposed Right to Lie from Philanthropy’ Kant makes the astonishing claim that one is not entitled to lie even to save a friend from a murderer. This claim has been an embarrassment for Kant's defenders and an indication of Kant's excessive rigour for his detractors. Responses to SRL fall into three main groups. The first of these groups, that of Kant's critics, claim that SRL demonstrates that Kant's ethical views are so rigorous that they become abhorrent (...) in practice. The second group, Kant's defenders, argues that Kant's conclusions in SRL do not follow from his own ethical principles. The third group, made up of scholars who are generally sympathetic to Kant's position, attempts to explain why a liar is responsible for all the bad consequences that follow from his act by providing an account of Kant's theory of imputation. (shrink)

After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation (...) can be understood. On the normative side, neoclassical theory represents marginal productivity theory as showing that (a metaphorical version of) the imputation principle is satisfied ('people get what they produce') in competitive enterprises. Since that shows the moral commitment of neoclassical economics to the imputation principle, the labour theory of property is presented here as the actual non-metaphorical application of the imputation principle to property appropriation. The property-theoretic analysis at the firm level shows how the neoclassical (and much heterodox) analysis in terms of 'distributive shares' wholly misframed the basic questions. Finally, the paper shows how the imputation principle (modernised labour theory of property) is systematically violated in the present wage labour system of renting persons. The paper can be seen as taking up the recent challenge posed by Donald Katzner for a dialogue between neoclassical and heterodox microeconomics. (shrink)

Much of the recent discussion in progressive circles [e.g., Stiglitz; Galbraith; Piketty] has focused the obscene mal-distribution of wealth and income as if that was "the" problem in our economic system. And the proposed redistributive reforms have all stuck to that framing of the question. To put the question in historical perspective, one might note that there was a similar, if not more extreme, mal-distribution of wealth, income, and political power in the Antebellum system of slavery. Yet, it should be (...) obvious to modern eyes that redistributions in favor of the slaves, while leaving the institution of owning workers intact, would not address the root of the problem. The system of slavery was eventually abolished in favor of the system we have today which differs in two important respects: the workers are only rented, hired, or employed ; and the rental relationship between employer and employee is voluntary. Today, the root of the problem is the whole institution for the voluntary renting of human beings, the employment system itself, not the terms of the contract or the accumulated consequences in the form of the mal-distribution of income and wealth. (shrink)

Jamie Morgan's commentary (Morgan, 2016) on my paper 'The Labour Theory of Property and Marginal Productivity Theory' (Ellerman, 2016) and Ted Burczak's later comments (Burczak, 2016) raise a number of issues that surely will occur to other readers and that need to be addressed. I take the occasion to expand upon the arguments and to explore some related issues. In the narrative that unfolds, Frank H. Knight plays the role of the sophisticated defender of the system of renting, hiring and (...) employing human beings. He was quite clear that the social role of economics is to develop an idealised model, the competitive free enterprise model, and then to frame the normative discussion in terms of that model. Knight would agree with the whole thread of heterodox 'criticism' that the actual economy falls far short of the ideal – which is why I largely eschewed the descriptive shortcomings of ideal model as a purported model of the actual economy. Instead my paper focused on developing a critique of the key part of the idealised model, the marginal productivity theory of distribution under competitive conditions. That critique is based on the usual juridical principle of imputing legal responsibility in accordance with factual responsibility – the principle whose property-theoretic application is the modern treatment of the labour theory of property. Historically, heterodox economics faced a fork in the road in the 19th century: whether to criticise 'the system' by developing the inchoate 'labour theory' as a theory of value or a theory of property. Marx and much of left-wing economics took the labour-theory-of-value road, whereas my paper is part of a modern attempt – Thomas Hodgskin (1832) being an earlier attempt – to take the labour-theory-of-property road. As we will see, much of the debate still revolves around these two roads. Read David Ellerman's original paper "The Labour Theory of Property and Marginal Productivity Theory" › Read Jamie Morgan's commentary on David Ellerman's paper ›. (shrink)

After a brief reconstruction of the principle of precaution’s juridical rising, I will discuss in short the question of the juridical nature of the same principle and then examine some of its extra-juridical implications, showing how the intrinsic logic of the principle of precaution implies a strict connection with the needs and proper forms of a conception of democracy as participative.

This paper discusses some key connections between Berkeley's reflections on language in the introduction to his Treatise on the Principles of Human Knowledge and the doctrines espoused in the body of that work, in particular his views on vulgar causal discourse and his response to the objection that his metaphysics imputes massive error to ordinary thought. I argue also that there is some mileage in the view that Berkeley's thought might be an early form of non-cognitivism.

The author presents a version of the ontological scheme of Newton’s mechanistic worldview based on both the study of previous versions of its understanding and the text of the “Mathematical Principles of Natural Philosophy”. Newton developed a model of new universality or a homogeneous and isotropic world in which uniform laws operate. This model is based on several ontological postulates Newton introduced, which can be isolated from several provisions of his classic work. The new mechanistic worldview is based on the (...) imputation of the world of universal simplicity. The quantitative “unit” of a simple, homogeneous, physical-geometric universe is an ambivalent corpuscle-point. The main constants of the “mechanistic universe” are the diversity of the numbers of masses, motions, and forces connected by clear reciprocal relationships. Newton also introduced theoretical space and time as a privileged, absolute reference system. Finally, in the Newtonian version of the mechanistic worldview, there are compelled metaphysical ingredients or inexplicable and transcendental qualities. They are gravity, ether, and God. Thus, the ontological scheme of Newton’s mechanistic worldview is a construction based on the sequential mental experiment of presenting the universe exclusively from the side of its “objectivity” and “sensory certification”. (shrink)

In this paper, I explore Kant’s discussion of juridical and ethical laws in the introduction to the Metaphysics of Morals as a whole. Following Marcus Willaschek and early Allen Wood, I pose a dilemma for Kant that I call “the paradox of juridical imperatives”, a dilemma that Willaschek and Wood hold Kant can only avoid by giving up his claim that juridical laws are categorical imperatives. I show how a set of interpretative issues concerning juridical incentives, (...) the content of juridical laws, and the idea of an “indirect” ethical obligations, hang together, and must solved simultaneously in order to address the paradox. I argue, contra Willaschek and Wood, that we can dissolve the paradox, solving the network of issues satisfactorily and affirming the status of juridical laws as categorical imperatives, once we recognize that one can go wrong with respect to a principle while fulfilling the letter of its requirements. The picture that emerges is one on which we can straightforwardly affirm Recht as a moral concept for Kant, while simultaneously representing its distinctive character in his system of morality. (shrink)

Kant holds that when an agent acts contrary to a strict moral requirement, all of the resulting bad consequences are imputable to the agent, whether foreseeable or not. Conversely, no bad consequences resulting from an agent's compliance with duty are imputable. This paper analyzes the underlying rationale of Kant's principles for the moral imputation of bad consequences. One aim is to show how Kant treats imputability as a question for practical reason occurring within the context of first-order moral norms, (...) rather than a causal or metaphysical issue. This is because the actions that are candidates for imputation are those picked out as salient by moral norms, and because what is imputable depends on first determining what an agent's moral requirements are. The basic idea behind Kant's principles is that the subject to whom an action or its consequences are imputed is the agent on whose authority the action is undertaken. Bad consequences of an action are imputable to an agent who violates a moral requirement because, in transgressing the limits on action established by morality, the agent acts "on his own authority". Consequences that are unforeseeable or which occur by accident may be imputed by this general principle on these grounds: though the consequences may not have been foreseeable, since the agent was subject to a moral requirement, he had compelling reason to, and thus could have refrained from the action that led to them. Though Kant's principles are generally plausible once their basis is evident, the possibility of bad consequences that are only accidentally connected to a violation of duty indicates the need to set limits on what is imputable. The paper concludes by suggesting that an outcome resulting from a violation of duty is imputable when the requirement under which the agent stands provides a reason to act in ways that will standardly prevent or avoid outcomes of that general kind. Nach Kant werden dem Handelnden, der eine strikte moralische Pflicht verletzt, die schlechten Folgen dieses seines Verhaltens stets zugerechnet, und zwar unabhängig davon, ob diese Folgen nun vorhersehbar waren oder nicht. Umgekehrt: Schlechte Folgen, die aus einem pflichtgemäßen Verhalten hervorgehen, sind nicht zurechenbar. Der Beitrag untersucht das Konzept, das diesen Kantischen Prinzipien für die moralische Zurechnung schlechter Folgen zugrunde liegt. Ein Ziel ist es dabei zu zeigen, wie Kant Zurechenbarkeit nicht als ein metaphysisches oder als ein Problem der Kausalität behandelt, sondern als eine Frage der praktischen Vernunft, die im Zusammenhang mit den moralischen Normen erster Ordnung auftaucht. Dies deshalb, weil die Relevanz der Handlungen, die für die Zurechnung in Frage kommen, in erster Linie von den moralischen Normen herkommt, und weil, was zurechenbar ist, von der vorherigen Bestimmung dessen abhängt, was die moralischen Pflichten des Handelnden sind. Die Grundidee der Kantischen Prinzipien besteht darin, daß das Subjekt, dem eine Handlung oder deren Folgen zugerechnet werden, als Urheber der Handlung betrachtet werden muß. Schlechte Folgen einer Handlung sind einem Handelnden, der eine Pflicht verletzt, deshalb zuzurechnen, weil der Handelnde mit der Überschreitung der von der Moral gesetzten Grenzen "aus eigener Machtvollkommenheit" handelt. Unvorhersehbare oder zufällig eintretende Folgen können unter Zugrundelegung dieses Prinzips aus folgenden Gründen zugerechnet werden: Obwohl die Folgen nicht vorhersehbar gewesen sein mögen, hatte der Handelnde, da er einer moralischen Pflicht unterworfen war, doch einen zwingenden Grund dafür und deshalb auch die Möglichkeit dazu, von der Handlung Abstand zu nehmen, die zu jenen Folgen geführt hat. Wenn Kants Prinzipien, hat man ihre Grundlagen erst einmal verstanden, im allgemeinen auch plausibel sind, ist es doch so, daß die Möglichkeit von schlechten Folgen, die mit einer Pflichtverletzung nur zufälligerweise verknüpft sind, eine Einschränkung der Zurechnung fordert. Der Beitrag schließt mit dem Vorschlag, einen Erfolg, der aus einer Pflichtverletzung resultiert, nur dann zuzurechnen, wenn die moralische Verpflichtung, der der Handelnde unterworfen ist, einen Grund dafür liefert, so zu handeln, daß die Folgen dieses Typs von Handlung normalerweise verhindert oder vermieden werden. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of property is an invisible-hand function (...) of the market, the market mechanism of appropriation. Does this mechanism satisfy an appropriate normative principle? The standard normative juridical principle is to assign or impute legal responsibility according to de facto responsibility. It is given a historical tag of being "Lockean" but the basis is contemporary jurisprudence, not historical exegesis. Then the fundamental theorem of the property mechanism is proven which shows that if "Hume's conditions" (no transfers without consent and all contracts fulfilled) are satisfied, then the market automatically satisfies the Lockean responsibility principle, i.e., "Hume implies Locke." As a major application, the results in their contrapositive form, "Not Locke implies Not Hume," are applied to a market economy based on the employment contract. It is shown the production based on the employment contract violates the Lockean principle (all who work in an employment enterprise are de facto responsible for the positive and negative results) and thus Hume's conditions must also be violated in the marketplace (de facto responsible human action cannot be transferred from one person to another—as is readily recognized when and employer and employee together commit a crime). (shrink)

Kant has made an attempt in his Doctrine of Law to show that the principles of natural Law are a priori principles of pure practical reason. He considers this a necessary step towards establishing the obligating force of positive legislation within a legal system. It is not obvious, however, that Law, which recognizes external coercion as a possible incentive for the compliance with its duties, can be reconciled with pure practical reason, which through the categorical imperative commands that one fulfill (...) duty from the idea of duty and so independently of inclination. Accordingly, it is not clear that there is a systematic and necessary connection between Law and morality for Kant and that he has succeeded in his overall objective of justifying positive Law. ;My dissertation is concerned with the question of how, according to Kant, pure practical reason can allow for juridical legislation, a legislation which admits of an incentive other than the idea of duty for the fulfillment of certain duties. I present criticisms of interpretations according to which Law with its external character cannot be reconciled with morality for Kant. I also discuss some interpretations according to which Law with its duties and legislation is justifiable from the point of view of pure practical reason, either as directly derivable from the categorical imperative or as a means for the realization and protection of the individual's moral freedom. I argue that such accounts do not succeed in explaining the possibility of external coercion for pure practical reason. I do maintain, however, that Law is reconcilable with pure practical reason for Kant, and I offer an explanation of how this is so: an examination of the different classes of duties shows that only juridical duties, or perfect duties to others, are such that reason must recongnize for them a kind of constraint other than free self-constraint and therefore must acknowledge the possibility of juridical legislation for these duties. (shrink)

This volume presents a collection of refereed papers reflecting the state of the art in the area of over-constrained systems. Besides 11 revised full papers, selected from the 24 submissions to the OCS workshop held in conjunction with the First International Conference on Principles and Practice of Constraint Programming, CP '95, held in Marseilles in September 1995, the book includes three comprehensive background papers of central importance for the workshop papers and the whole field. Also included is an introduction by (...) one of the volume editors together with a bibliography listing 243 entries. All in all this is a very useful reference book relevant for all researchers and practitioners interested in hierarchical, partial, and over-constrained systems. (shrink)

The author argues that Bobbio’s philosophy of international relations is inspired by a highly positive conception of pacificism. Bobbio strongly rejects the Catholic notion of “just war” and claims that in the nuclear era war is the antithesis of the right, being as uncontrolled and uncontrollable as an earthquake or a tempest. Nonetheless, according to the author, Bobbio’s “juridical pacifism” still leaves a number of important political and theoretical problems in obscurity. First of all, there is room for doubt (...) as to whether the so-called “domestic analogy,” to which Bobbio expressly alludes, is capable of furnishing the appropriate conceptual means for constructing a theory of international relations. Secondly, it is by no means certain that the concentration of supreme international authority in the hands of a global organization is the best way to construct a more secure international order. Finally, according to the author, we may well doubt whether the United Nations does derive from a universal pact or agreement and is ultimately inspired by democratic principles. (shrink)

O artigo tem por objeto o exame de três registros de gritantes e distintos paradoxos na Doutrina do Direito de Kant. Registros feitos em tempos e contextos históricos diferentes por Friedrich Bouterwek, Marcus Willaschek e Balthazar Barbosa Filho. Bouterwek atribuiu a Kant a mais paradoxal das proposições jamais enunciadas por qualquer autor, a de que a mera ideia de soberania deve obrigar-nos a obedecer como a nosso inquestionável senhor a quem quer que se haja estabelecido como tal, sem que caiba (...) indagar quem lhe deu o direito de comandar-nos. Willaschek aponta a incompatibilidade de duas teses centrais da doutrina kantiana: a do caráter externo dos vínculos jurídicos e a da incondicionalidade obrigacional do direito positivo, pois não é possível entender como é possível termo-nos como obrigados por imperativos jurídicos e, ao mesmo, vermo-nos internamente isentados do dever de obedecê-los. O ponto crítico de Balthazar é alegar que não pode haver na filosofia kantiana uma crítica da razão político e jurídica, simplesmente porque o conceito de imputação, base da normatividade própria dessas esferas, pressupõe uma pluralidade de agentes livres que, justamente, só pode ser uma pressuposição, pois nosso acesso à normatividade prática só pode ter lugar em primeira pessoa. No exame a que o artigo submete essas alegações, o artigo argumenta, em objeção à tese de Balthazar, que o caráter universal e categórico da força que vincula o sujeito quando confrontado com a lei moral em primeira pessoa necessariamente se desvaneceria se, ao mesmo tempo, ele não fosse tomado pela evidência de que a realidade objetiva dos princípios morais é não só instanciável, mas assegurada pela múltipla instanciação. Com relação às dificuldades levantadas por Willaschek e Bouterwek, o artigo argumenta que o princípio exeundum e statu naturali, enquanto norma metapositiva, anterior à divisão do domínio prático entre doutrina do direito e doutrina da virtude, permite ao mesmo tempo compreender a exigência de obediência ao poder constituído e a restrição das obrigações jurídico-políticas exclusivamente ao foro externo.AbstractThe object of the article is to examine three claims about three distinct and allegedly blatant paradoxes in Kant's Doctrine of Right. These three critical points had been made in distinct times and contexts by Friedrich Bouterwek, Marcus Willaschek e Balthazar Barbosa Filho. Bouterwek attributed to Kant the most paradoxical of all paradoxical propositions, the statement that by the mere idea of sovereignty we are obliged to obey as our lord who has imposed himself upon us, without questioning from where he got such right. Willaschek points out the incompatibility of two main theses of Kantian doctrine of right: the claims that the legal bounds are of external character and that they are the source of unconditional obligations, since it seems impossible to understand how it would be possible to be obliged by juridical norms and decisions and at the same time to be exempted of the internal duty of compliance. The radical objection of Professor Balthazar is the claim that in the context of Kantian Philosophy it is impossible to admit a critique of the juridical and political reason because the concept of imputation, ground of the normativity in these domains, requires not only the presupposition of free agents, but a true and secure epistemic access to them, which is, according to him, impossible considering that the moral law and the other practical principles are accessible for us only in the first person. In the course of the appraisal of such claims, the article contest that objection arguing that the universal and categorical force of the normative bound experienced by the subject when confronted with the moral law in the first person would ineluctably vanish if, at the same time, he had not been taken by the evidence that the objective reality of the moral principles is secured by multiple instancing. Regarding the difficulties raised by Willaschek and Bouterwek, the article argues that the principle exeundum e statu naturali, as a norm of meta-positive character, prior to the division of practical domains between the doctrine of right and the doctrine of virtue, is the cue both to the understanding of the requirement of unquestioning obedience to the constituted power and to the restriction of the validity of this requirement only in foro externo. (shrink)

We examine a number of investigations of perceptual economy or, more specifically, of minimum tendencies and minimum principles in the visual perception of form, depth, and motion. A minimum tendency is a psychophysical finding that perception tends toward simplicity, as measured in accordance with a specified metric. A minimum principle is a theoretical construct imputed to the visual system to explain minimum tendencies. After examining a number of studies of perceptual economy, we embark on a systematic analysis of this (...) notion. We examine the notion that simple perceptual representations must be defined within the "geometric constraints" provided by proximal stimulation. We then take up metrics of simplicity. Any study of perceptual economy must use a metric of simplicity; the choice of metric may be seen as a matter of convention, or it may have deep theoretical and empirical implications. We evaluate several answers to the question of why the visual system might favor economical representations. Finally, we examine several accounts of the process for achieving perceptual economy, concluding that those which favor massively parallel processing are the most plausible. (shrink)

Objective Apeiron was founded in 1966 and has developed into one of the oldest and most distinguished journals dedicated to the study of ancient philosophy, ancient science, and, in particular, of problems that concern both fields. Apeiron is committed to publishing high-quality research papers in these areas of ancient Greco-Roman intellectual history; it also welcomes submission of articles dealing with the reception of ancient philosophical and scientific ideas in the later western tradition. The journal appears quarterly. Articles are peer-reviewed on (...) a double-blind basis. Topics ancient philosophy ancient science reception of ancient philosophical and scientific ideas in the later western tradition Article formats Original Articles. (shrink)

This article takes up Paul Ricœur’s suggestion that he learned more about the idea of justice by positioning himself on the juridical plane than he had by moving directly to a consideration of political theory. It contends that Ricœur’s very interesting but largely neglected text, “The Just between the Legal and the Good,” illustrates the value of doing philosophical work at a level where there is an imperative to make a judgement and following on from that to distribute, in (...) the fairest way possible, the goods that are at the heart of the dispute. The article also offers a detailed commentary on Ricœur’s text, noting the unusual form of critique that it brings to bear on Rawls’s principles of justice. It also discusses Ricœur’s proposals for entrenching those principles in a concrete judicial practice. (shrink)

This article takes up Paul Ricœur’s suggestion that he learned more about the idea of justice by positioning himself on the juridical plane than he had by moving directly to a consideration of political theory. It contends that Ricœur’s very interesting but largely neglected text, “The Just between the Legal and the Good,” illustrates the value of doing philosophical work at a level where there is an imperative to make a judgement and following on from that to distribute, in (...) the fairest way possible, the goods that are at the heart of the dispute. The article also offers a detailed commentary on Ricœur’s text, noting the unusual form of critique that it brings to bear on Rawls’s principles of justice. It also discusses Ricœur’s proposals for entrenching those principles in a concrete judicial practice. (shrink)

Criticisms of the ethical justification of antidoping legislation are not uncommon in the literatures of medical ethics, sports ethics and sports medicine. Critics of antidoping point to inconsistencies of principle in the application of legislation and the unjustifiability of ethical postures enshrined in the World Anti-Doping Code, a new version of which came into effect in January 2009. This article explores the arguments concerning the apparent legal peculiarities of antidoping legislation and their ethically salient features in terms of: notions (...) of culpability, liability and guilt; aspects of potential duplication of punishments and the limitations of athlete privacy in antidoping practice and policy. It is noted that tensions still exist between legal and ethical principles and norms that require further critical attention. (shrink)

When offering constructions of political values, it is common to generally strive for unity, i.e., to aim at principled definitions and the reduction of normative conflict. In this article, by contrast, I argue that we should aim to construct broad and conflicting concepts of the central liberal democratic values of liberty and equality. Taking my cue from an under-appreciated debate between Ronald Dworkin and Bernard Williams, I suggest that the demand for unity derives its appeal from a juridical model (...) of political value construction, which assumes the unified perspective of public decision-making. But while this model may be apt for constructing institutional rights, the construction of the political values liberty and equality had better operate according to a political model, which focuses on the perspective of citizens that live in a relationship of political opposition. Not only is there no demand for unity from that perspective, but there is a positive demand for political plurality: we need to draw on broad and conflicting concepts of liberty and equality if we are to respect the claims of fellow citizens with whom we have value-based political disagreements. (shrink)

This book undertakes a twofold task: a theoretical examination of the foundations of human rights and an attempt to draw the practical implications of the resultant theory for contemporary society. There are, the author contends, three main traditions regarding human rights: The radical—humanistic tradition deduces rights from an uncritical veneration of man; its ground is a romantic view of man, its end, freedom, its regulatory principle, equality. The utilitarian tradition regards rights as pragmatic fictions; its ground is a hedonistic (...) view of man, its end, quantitative happiness, its regulatory principle, expediency. The metaphysical tradition derives rights from man’s place in a purposive order; its ground is a view of man related to something higher than himself, its end, a cosmic purpose, its regulatory principle, function. The first two traditions ultimately lack coherence. The metaphysical tradition has two subtypes: self-realization and theonomy. The author argues for a Calvinist version of the latter. Such a theory affirms man’s utter depravity, but affirms at the same time God’s righteous will as maintaining the destiny and, therefore, the rights of the elect. The ultimate ground of value and right is the gracious will of God. God owes nothing to man, but he does demand of man justice toward himself and toward other men. This is the foundation of values and of rights, which are claims that value be respected. Worth is the capacity of an entity to fulfill its proper end. The vocation of man has four dimensions: the unity of his moral will with God, creative perception, personal integration, and social communion. Empirically man is free, but totally depraved, and therefore unable to fulfill his function. By the atonement, God imputes to sinful man a value not inherent in him and makes man capable of fulfilling in principle the end for which he was created. This makes possible active love of neighbor, which, however, is a duty owed not to neighbors, but toward neighbor and to God. The practical conclusions drawn from this theory rest upon the fact that love of neighbor requires a universal context of impersonal justice and of freedom under law. Freedom is not an end in itself, but the political body has no higher purpose than assuring negative freedom—"reciprocal freedom from external constraint." From this basis the author proceeds to spell out in considerable detail "the implications of reciprocal freedom for particular areas of human conduct,... guided only by the evidence of social data and the rules of logical consistency." The general tenor of his conclusions is a fairly severe restriction on the scope of governmental action.—H. F. (shrink)

This book undertakes a twofold task: a theoretical examination of the foundations of human rights and an attempt to draw the practical implications of the resultant theory for contemporary society. There are, the author contends, three main traditions regarding human rights: The radical—humanistic tradition deduces rights from an uncritical veneration of man; its ground is a romantic view of man, its end, freedom, its regulatory principle, equality. The utilitarian tradition regards rights as pragmatic fictions; its ground is a hedonistic (...) view of man, its end, quantitative happiness, its regulatory principle, expediency. The metaphysical tradition derives rights from man’s place in a purposive order; its ground is a view of man related to something higher than himself, its end, a cosmic purpose, its regulatory principle, function. The first two traditions ultimately lack coherence. The metaphysical tradition has two subtypes: self-realization and theonomy. The author argues for a Calvinist version of the latter. Such a theory affirms man’s utter depravity, but affirms at the same time God’s righteous will as maintaining the destiny and, therefore, the rights of the elect. The ultimate ground of value and right is the gracious will of God. God owes nothing to man, but he does demand of man justice toward himself and toward other men. This is the foundation of values and of rights, which are claims that value be respected. Worth is the capacity of an entity to fulfill its proper end. The vocation of man has four dimensions: the unity of his moral will with God, creative perception, personal integration, and social communion. Empirically man is free, but totally depraved, and therefore unable to fulfill his function. By the atonement, God imputes to sinful man a value not inherent in him and makes man capable of fulfilling in principle the end for which he was created. This makes possible active love of neighbor, which, however, is a duty owed not to neighbors, but toward neighbor and to God. The practical conclusions drawn from this theory rest upon the fact that love of neighbor requires a universal context of impersonal justice and of freedom under law. Freedom is not an end in itself, but the political body has no higher purpose than assuring negative freedom—"reciprocal freedom from external constraint." From this basis the author proceeds to spell out in considerable detail "the implications of reciprocal freedom for particular areas of human conduct,... guided only by the evidence of social data and the rules of logical consistency." The general tenor of his conclusions is a fairly severe restriction on the scope of governmental action.—H. F. (shrink)

Background:Moral courage is defined as courage to act according to one’s own ethical values and principles even at the risk of negative consequences for the individual. In a complex nursing practice, ethical considerations are integral. Moral courage is needed throughout nurses’ career.Aim:To analyse graduating nursing students’ moral courage and the factors associated with it in six European countries.Research design:A cross-sectional design, using a structured questionnaire, as part of a larger international ProCompNurse study. In the questionnaire, moral courage was assessed with (...) a single question (visual analogue scale 0–100), the questionnaire also covered several background variables.Participants and research context:The sample comprised graduating nursing students (n = 1796) from all participating countries. To get a comprehensive view about graduating nursing students’ moral courage, the views of nurse managers (n = 538) and patients (n = 1327) from the same units in which the graduating nursing students practised were also explored, with parallel questionnaires.Ethical considerations:Ethical approvals and research permissions were obtained according to national standards in every country and all participants gave their informed consent.Results:The mean of graduating nursing students’ self-assessed moral courage was 77.8 (standard deviation 17.0; on a 0–100 scale), with statistically significant differences between countries. Higher moral courage was associated with many factors, especially the level of professional competence. The managers assessed the graduating nursing students’ moral courage lower (66.5; standard deviation 18.4) and the patients slightly higher (80.6; standard deviation 19.4) than the graduating nursing students themselves.Discussion and conclusions:In all countries, the graduating nursing students’ moral courage was assessed as rather high, with differences between countries and populations. These differences and associations between moral courage and ethics education require further research. (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

First published in 1903, _Principles of Mathematics_ was Bertrand Russell’s first major work in print. It was this title which saw him begin his ascent towards eminence. In this groundbreaking and important work, Bertrand Russell argues that mathematics and logic are, in fact, identical and what is commonly called mathematics is simply later deductions from logical premises. Highly influential and engaging, this important work led to Russell’s dominance of analytical logic on western philosophy in the twentieth century.

Published in 1903, this book was the first comprehensive treatise on the logical foundations of mathematics written in English. It sets forth, as far as possible without mathematical and logical symbolism, the grounds in favour of the view that mathematics and logic are identical. It proposes simply that what is commonly called mathematics are merely later deductions from logical premises. It provided the thesis for which _Principia Mathematica_ provided the detailed proof, and introduced the work of Frege to a wider (...) audience. In addition to the new introduction by John Slater, this edition contains Russell's introduction to the 1937 edition in which he defends his position against his formalist and intuitionist critics. (shrink)

This is a study of possession offences, with the focus on those intended to penalise the risk of a serious harm. Offences of this kind are examined in the light of basic doctrines of the criminal law, and in the light of the proper limits of endangerment offences. They are found wanting in both respects, and are also found to pose particular sentencing problems. The conclusion is that many risk-based possession offences are unfair, save those that require proof of a (...) further intent or those aimed at a failure properly to safeguard a dangerous object. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption. Yet the market also provides a laissez-faire mechanism: when the legal authorities do not intervene, then the initial right is, in effect, assigned to the first seller and the (...) terminal liability to the last buyer. But does this mechanism satisfy the juridical principle of responsibility: assign de jure responsibility in accordance with de facto responsibility? The fundamental theorem states that if all transfers are covered by voluntary contracts and all contracts are fulfilled, then the laissez-faire mechanism satisfies the responsibility principle.Une théorie de la propriété se doit d’expliquer entièrement le cycle de vie du droit de propriété: les conditions de son émergence, de son transfert et de sa résiliation. La théorie économique s’est focalisée sur les mécanismes de transferts sur le marché et a presque totalement négligé la question de l’émergence et de la réalisation de la propriété dans les phénomènes de production et de consommation. Pourtant, le marché fournit également un mécanisme de laissez-faire: lorsque les autorités légales s’abstiennent d’intervenir, le droit initial est affecté au premier vendeur et la responsabilité terminale au dernier acheteur. Néanmoins, ce mécanisme satisfait-il le principe juridique de responsabilité? A savoir, assigner une responsabilité de jure en accord avec le principe de responsabilité de facto? En effet, le théorème fondamental exprime qui si tous les transferts s’effectuent par des contrats volontaires, et que tous les contrats sont remplis, alors le principe du laissez-faire satisfait le principe de responsabilité. (shrink)

Though almost forgotten today, Herbert Spencer ranks as one of the foremost individualist philosophers. His influence in the latter half of the nineteenth century was immense. Spencer's name is usually linked with Darwin's, for it was he who penned the phrase: survival of the fittest. Today in America he is most often admired for his trenchant essays in 'The Man Versus the State'. But Spencer himself considered THE PRINCIPLES OF ETHICS to be his finest work. In the second volume, under (...) 'Justice', is his final statement on the role of the state. His formula for justice is summed up in these words: "Every man is free to do that which he wills, provided he infringes not the equal freedom of any other man.". (shrink)

This first volume contains discussions of the brain, methods for analyzing behavior, thought, consciousness, attention, association, time, and memory.

Jean Piaget was one of the most salient and inspirational figures in psychological and educational research this century. He was prolific, authoring or editing over eighty books and numerous journal papers which have spawned a huge and fertile continuation of his research over the decades. A major component of any course on children's psychological development and a research tradition that is expanding, scholars need access to the original texts rather than relying on secondhand accounts. Jean Piaget: Selected Works is a (...) chance to acquire key original texts, most of which have been previously unavailable for several years. (shrink)

Accountability for developing, deploying, and using any emerging weapons system is affirmed as a guiding principle by the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems. Yet advances in emerging technologies present accountability challenges throughout the life cycle of a weapons system. Mindful of a lack of progress at the Convention on Certain Conventional Weapons since 2019, this essay argues for a mechanism capable of imputing accountability when individual agent accountability is exceeded, (...) forensic accountability unreliable, and aspects of political accountability fail. (shrink)

This volume offers an English translation of John of St. Thomas's Cursus theologicus I, question I, disputation 2. In this particular text, the Dominican master raises questions concerning the scientific status and nature of theology. At issue, here, are a number of factors: namely, Christianity's continual coming to terms with the "Third Entry" of Aristotelian thought into Western Christian intellectual culture - specifically the Aristotelian notion of 'science' and sacra doctrina's satisfaction of those requirements - the Thomistic-commentary tradition, and the (...) larger backdrop of the Iberian Peninsula's flourishing "Second Scholasticism." In this latter context, John of St. Thomas applies the theological principles of Thomas Aquinas to the Scholastic disputes preoccupying Thomist, Franciscan, and Jesuit theologians, such as Cajetan, Bañez, Luis de Molina, Vazquez, Suárez - to name only a few - in a tour de force of theological thinking throughout the entire period of Scholasticism. In the process - and not insignificantly - the status quaestionis of theology's scientific character is clearly framed and answered according to John's satisfaction. Key to John of St. Thomas's resolution of the question is his understanding of the continuity of the power of human reason with the super-intelligibility of divine revelation spelled out in terms of what he calls "virtual revelation." This text presented in this volume is a quintessential example of the deep and abiding harmony that flourished between faith and reason as well as grace and nature within the golden era of Baroque Scholasticism. (shrink)

Alfred North Whitehead was a prominent English mathematician and philosopher who co-authored the highly influential Principia Mathematica with Bertrand Russell. Originally published in 1919, and first republished in 1925 as this Second Edition, An Enquiry Concerning the Principles of Natural Knowledge ranks among Whitehead's most important works; forming a perspective on scientific observation that incorporated a complex view of experience, rather than prioritising the position of 'pure' sense data. Alongside companion volumes The Concept of Nature and The Principle of (...) Relativity, it created a framework for Whitehead's later metaphysical speculations. This is an important book that will be of value to anyone with an interest in the relationship between science and philosophy. (shrink)

Since its publication at the beginning of the eighteenth century, the Earl of Clarendon's history of the English Civil War has remained one of the most important sources for our understanding of the events which changed the course of British history. Clarendon held the offices of Lord High Chancellor of England and Chancellor of the University of Oxford; he began his great work after the Restoration of Charles II at the behest of the King himself.This classic work, long unavailable, has (...) now been reissued by the Oxford University Press in a facsimile of the much-admired 1888 edition. The History of the Rebellion and Civil Wars in England chronicles in absorbing detail the intrigues and upheavals, the alliances and confrontations, the triumphs and the tragedies, of the 1640s and 1650s. In elegant and vital prose it brings to life the personalities who shaped the era, and the principles for which a nation was divided. (shrink)

Since its publication at the beginning of the eighteenth century, the Earl of Clarendon's history of the English Civil War has remained one of the most important sources for our understanding of the events which changed the course of British history. Clarendon held the offices of Lord High Chancellor of England and Chancellor of the University of Oxford; he began his great work after the Restoration of Charles II at the behest of the King himself.This classic work, long unavailable, has (...) now been reissued by the Oxford University Press in a facsimile of the much-admired 1888 edition. The History of the Rebellion and Civil Wars in England chronicles in absorbing detail the intrigues and upheavals, the alliances and confrontations, the triumphs and the tragedies, of the 1640s and 1650s. In elegant and vital prose it brings to life the personalities who shaped the era, and the principles for which a nation was divided. (shrink)

Berkeley's idealism started a revolution in philosophy. As one of the great empiricist thinkers he not only influenced British philosophers from Hume to Russell and the logical positivists in the twentieth century, he also set the scene for the continental idealism of Hegel and even the philosophy of Marx. -/- There has never been such a radical critique of common sense and perception as that given in Berkeley's Principles of Human Knowledge (1710). His views were met with disfavour, and his (...) response to his critics was the Three Dialogues between Hylas and Philonous. -/- This edition of Berkeley's two key works has an introduction which examines and in part defends his arguments for idealism, as well as offering a detailed analytical contents list, extensive philosophical notes and an index. (shrink)

" The supreme principle, both in politics and in private life, should be to promote all that is creative, and so to diminish the impulses and desires that center round possession." This book, originally entitled Why Men Fight, is generally seen as the fullest expression of Bertrand Russell's political philosophy. Russell argues that after the experience of the Great War the individualistic approach of traditional liberalism had reached its limits. Political theory must be based on the motivated forces of (...) creativity and impulse rather than on competition. The ideas expressed in Principles of Social Reconstruction have greatly contributed to Russell's fame as a social critic and anti-war activist. The introduction by Richard Rempel locates them in the context of Russell's other writings and show that neither his ideas nor his language have lost their force and topicality over the years. (shrink)

The polarities of democracy framework is used to achieve human emancipation by simultaneously managing multiple paradoxes by employing Johnson’s polarity management as the conceptual framework. Although Johnson’s framework may be appropriate for managing other tension-dependent pairs, it is less suitable for managing multiple democratic values when the goal is human emancipation and sustainable democratic social change. Managing multiple polarities is exacerbated by the problem-shifting and problem-creation effect inherent in a tension-driven framework. The aim was to develop a constructivist grounded theory (...) to answer the research question: How can the first principles of democracy be used to reduce dynamic tension and achieve human emancipation? This gap has been filled by a parsimonious conceptual framework based on three democratic principles: human dignity, fairness, and knowledge. The principles of democracy conceptual framework can synthesize the tension between democratic values in order to manage, plan, and evaluate democratic social change initiatives. (shrink)

The idea of merit is at the core of intense contemporary debate related to social justice in general and meritocracy in particular. In this paper, I aim to differentiate the notion of merit from two other notions with which it is often mistakenly identified, namely the concepts of talent and achievement. Here, I define “merit” as the value of an action that 1) is imputable to a subject‘s free conduct, 2) implies some sort of effort, and 3) is oriented towards (...) a good. Merit so understood is a valuable phenomenon considered from various perspectives, and therefore the subject who has it deserves to be properly recognized. But, more importantly, this merit is valuable in a sense that is different from the value attached to talent and achievement. We should therefore try to recognize the three of them according to their specificity. I conclude by signaling some problems and limitations associated with the idea of merit that, on the one hand, contribute to the aforementioned confusion and, on the other hand, show that the principle of merit must not be absolutized to the detriment of other forms of value (including talent and achievement). (shrink)

We offer a review of some of the most influential views on the status of Reichenbach’s Principle of the Common Cause (PCC) for genuinely indeterministic systems. We first argue that the PCC is properly a conjunction of two distinct claims, one metaphysical and another methodological. Both claims can and have been contested in the literature, but here we simply assume that the metaphysical claim is correct, in order to focus our analysis on the status of the methodological claim. We (...) briefly review the most entrenched or classical positions, including Salmon’s ‘interactive forks’, van Fraassen’s scepticism, and Cartwright’s generalisation of the fork criterion. We then go on to review the results of the ‘Budapest school’ on the existence of formally defined screening-off events for any correlation —by means of the ideas of probability space extensibility and (Reichenbachian common cause) completability. We distinguish the Budapest doctrine clearly from any of the classical conceptions, and thus present an overall framework for discussions of causal inference in quantum mechanics. The framework, however preliminary, is essential work for a thorough assessment of the conditions under which PCC may be a reliable tool for causal inference in a genuinely probabilistic (indeterministic) context. (shrink)