In this article, I defend the inviolability approach to solving the paradox of deontology against a criticism raised by Michael Otsuka. The paradox of deontology revolves around the question whether it should always be permissible to infringe someone's right to non-interference when this would serve to minimize the overall number of comparable rights infringements that occur. According to the inviolability approach, rights to non-interference protect and give expression to our personal sovereignty, which is not advanced through the minimization (...) of rights infringements. This seems to dissolve the paradox. Otsuka, however, contends that the proposed solution relies on too narrow an understanding of personal sovereignty. He argues that there is an enforceability dimension to personal sovereignty that would seem to undermine the inviolability approach. While I agree with Otsuka that enforceability is an important aspect of personal sovereignty, I argue that properly construed, the enforceability dimension of personal sovereignty does not undermine the inviolability approach. (shrink)

A recent paper by Bullock (2018) raises a dilemma for proponents of epistemic paternalism. If epistemic paternalists contend that epistemic improvements contribute to one’s wellbeing, then their view conflates with general paternalism. Instead, if they appeal to the notion of a distinctive epistemic value, their view is unjustified, in that concerns about epistemic value fail to outweigh concerns about personal sovereignty. In this chapter, I address Bullock’s challenge in a way that safeguards the legitimacy of epistemic paternalism, albeit (...) restricting its scope to a limited range of cognitive projects. After shedding light on a problem with how Bullock singles out cases to which the dilemma applies, I argue that there is at least one reasonable way of interpreting the notion of ‘personal autonomy’ which legitimates and justifies undertaking epistemically paternalistic interferences for one’s epistemic good. (shrink)

:Self-ownership has fallen out of favor as a core moral and political concept. I argue that this is because the most popular conception of self-ownership, what I call the property conception, is typically linked to a libertarian political program. Seeing self-ownership and libertarianism as being necessarily linked leads those who are not inclined toward libertarianism to reject the idea of self-ownership altogether. This, I argue, is a mistake. Self-ownership is a crucial moral and political concept that can earn its keep (...) if we understand it not as type of property right in the self, but rather as a set of territorial rights one has over one’s body. This territorial conception of self-ownership, which I call the sovereignty conception of self-ownership, avoids the traditional arguments raised against the property conception of self-ownership and has other benefits besides. Accepting this conception of self-ownership, I argue, has considerable moral and political benefits without taking on the costs associated with other forms of self-ownership. (shrink)

Is sovereignty in Hobbes the power of a person or of an office? This article defends the thesis that it is the latter. The interpretation is based on an analysis of Hobbes’s version of the social contract in Leviathan . Pace Quentin Skinner, it will be argued that the person whom Hobbes calls “sovereign” is not a person but the office of government.

This is the first detailed study in any language of the single most influential theory of the modern state: Samuel von Pufendorf's account of the state as a 'moral person'. Ben Holland reconstructs the theological and political contexts in and for which Pufendorf conceived of the state as being a person. Pufendorf took up an early Christian conception of personality and a medieval conception of freedom in order to fashion a theory of the state appropriate to continental Europe, and which (...) could head off some of the absolutist implications of a rival theory of state personality, that of Hobbes. The book traces the fate of the concept in the hands of others - international lawyers, moral philosophers and revolutionaries - until the early twentieth century. It will be essential reading for historians of political thought and for those interested in the development of key ideas in theology, international law and international relations. (shrink)

Ben Holland’s 2017 book The Moral Person of the State: Pufendorf, Sovereignty and Composite Polities provides an alternative interpretation of Samuel Pufendorf’s (1632–1694) theory of the state as...

Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this (...) book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought. (shrink)

Locke's conceptualization of sovereignty and its uses, combining theological, social, and political perspectives, testifies to his intellectual profundity that was spurred by his endeavour to re-traditionalize a changing world. First, by relying on the traditional, personalistic notion of polity, Locke developed a concept of sovereignty that bore the same sense of authority as the “right of commanding” attributable only to real persons. Second, he managed to reconcile the unitary nature of sovereignty with the plurality of its uses, (...) mainly through a conception of the dual, vertical separation of functions, which implied degrees rather than kinds of sovereignty. While absolute sovereignty belongs to God, Locke argued, relative sovereignty, separated into “potential” and “actual” sovereignty, is vested in the community on the grounds of the Edenic testament with God. The community, established by a fundamental, single contract, is divided into “society”—to fulfil the function of legislation, which signifies the potential sovereignty of the community, so as to cultivate common law , and into “government”—to undertake the execution, which signifies the actual sovereignty of the king, of common law so as to procure common wealth. (shrink)

Overview of the concept of the sovereign individual -- Personal sovereignty as a natural psychological state in human development -- Human development theories -- Philosophical basis of the right to individual sovereignty -- The philosophy of Jose Ingenieros in Argentina, 1913 -- Recognizing that society, church, government, and corporations are mostly fraudulent, coercive, and corrupt -- Our avoidant-defensive posture : a moral or practical decision? -- The desire to live life as we wish : the need to (...) be genuine -- Summary of my theory on individual sovereignty. (shrink)

The imperativist strand of positivism derives law from an actual person or set of persons wielding a monopoly of force. The rule-based positivism of H.L.A. Hart has more sublty identified a matter-of-fact rule of recognition in place of such a sovereign one or many. But sovereignty is not a matter-of-fact of any kind; rather it is partly the product of what I call qua arguments. I reconstruct the reasoning, in the extradition case of Augusto Pinochet in the British House (...) of Lords, providing a focus for an account of the limits of legal positivism in the application of the principle par in parem non habet imperium. Sovereign power is interpreted through reasoning that is at its margin more moral than technically legal. (shrink)

Politics and ethics are closely linked in many ways. One such link is the central but still contentious notion of the person. Take the case of today’s European Union. Most basically, member states disagree on what and who persons are. This EU paradox may be resolved when political debates about sovereignty’s limits expand to include ethical discussions of the nature of persons. The aim of this paper is to point in the direction of an account of the person that (...) will support proper understandings of those ethical, and not just political, values that the Preamble of any eventual European Union constitution will need to entrench tomorrow. (shrink)

Using the Western tradition of metaphysical and political thought as a backdrop, Critique of Sovereignty (a work in 4 volumes) re-examines the concept of sovereignty in order to better understand why our ethical values and technical capacities often seem so divorced from our lived realities. On the one hand, ostensibly self-enclosed entities like the nation-state and the person are rhetorically bolstered as sites of technical agency and/or moral responsibility. On the other hand, these same entities appear fragile -- (...) if not purely fictional -- in relation to ever ongoing tidal processes such as the migration, diffusion, and conglomeration of bodies, capital, ideas, etc. While some of our institutions might work some of the time, they always seem to work differently than we like to think they do. Accordingly, the forging of more humane institutions might very well entail if not require ways of thinking that strive to undo the self-imagined binds, exceptions, and sureties of thought for the sake of embracing a continuity with all that withers, decays, and falls away. Book I, "Contemporary Theories of Sovereignty," compares the varied interpretations of sovereignty given by a range of 20th-century political theorists (Maritain, Foucault, Derrida, Schmitt, Agamben, Hardt, and Negri) with Jean Bodin's initial outline of the concept, rendered at the outset of modern political thought in the 16th century. The analytic framework of sovereignty encountered in these comparative readings provides an initial point of departure for unfolding a method of critique appropriate to the concept of sovereignty. Sovereignty is an ideal starting point for a critique of the deadlocks between thought and reality for a simple reason: it doesn't actually exist. When it serves as a guide to action, sovereignty may be regarded as a particularly captivating fantasy. The closer it appears, the further it recedes, and, too often, the more vigorously it is pursued. (shrink)

These texts explore the art of soulmaking And The quest for personal expression: The costs as well as the fruits that come from acceding To The imperatives of one's being.

While various democratic theorists have looked at particular instances of recent social movements (Occupy or the Arab Spring, for example), none have yet attempted a more general theoretical take on what it is that relates all of these movements and what that running thread can tell us about democratic theory. Ordinary Democracy argues that there is a commonality to these movements as well as a striking lesson about the nature of democracy, sovereignty, agency and solidarity today: in that these (...) movements all highlight the ordinariness of neoliberal regimes and the ways in which citizens find solidarity and a sense of freedom in the marketplace. Aslam contends that neoliberalism is more than a set of policies, ideological principles, or a distinct phase of capitalism -- rather it constitutes the ways in which citizens think about their everyday lives. Conceived as common sense, it also governs what is permitted or forbidden in public discourse (for example, rendering issues of private debt a personal responsibility). Mass movements call attention to the effects of neoliberalism, providing a way to contest its acceptability; in doing so they help to contextualize the impasse that marks a language of civil empowerment and inclusion on one hand, and feelings of powerlessness, diminished agency and impassivity on the other. In Aslam's view, democratic theorists who view participatory agency as offering the most authentic opportunity to satisfy the need for solidarity and freedom minimize the degree to which capitalism satisfies most citizens, as well as the depth of most people's affective attachment to neoliberalism. Looking in particular at Idle No More, Occupy Wall Street, Occupy Sandy, the Egyptian Revolution, and Strike Debt, Aslam takes what may be a more sobering, but still hopeful, view toward the potential of mass movements: to resist the normalization of conceptions of solidarity and citizenship under neoliberalism. (shrink)

This book is about virtue and statecraft in Thomas Hobbes's Leviathan. Its overarching argument is that the fundamental foundation of Hobbes's political philosophy in Leviathan is wise, generous, loving, sincere, just, and valiant-in sum, magnanimous-statecraft, whereby sovereigns aim to realize natural justice, manifest as eminent and other-regarding virtue. I propose that concerns over the virtues of the natural person bearing the office of the sovereign suffuse Hobbes's political philosophy, defining both his theory of new foundations and his critiques of law (...) and obligation. These aspects of Hobbes's thought are new to Leviathan, as they respond to limitations in his early works in political theory, Elements and De Cive-limitations made apparent by the civil wars and the regicide of Charles I. Though new, I argue that they tap into ancient political and philosophical ideas, foremostly the variously celebrated, mystified, and maligned figure of the orator founder. (shrink)

This paper presents my personal convictions, as an Evangelical, regarding the absolute impropriety of doctor-assisted suicide for Christians. They have been “bought with a price” and are owned by Another. Hence, they must always strive to glorify God in their bodies, both in life and in death. Although they crave the well-being of temporal health, when they are ill seek healing or relief, and may well recoil even from the thought of suffering and dying, they should realize that their (...) values and priorities must be rooted in biblical truths and that their well-being is eternal and not temporal, spiritual and not material. As Christians, their attitudes and responses to suffering and dying must be molded by the reality that their Creator and Sovereign will cause all things to work together for their good and that their Lord has called them into a fellowship of His suffering in which they are sustained by dependence upon Him. Hence, for Christians to take their lives in order to escape from the trials and testings ordained by Him would be a failure of love and a breach of trust. (shrink)

Giorgio Agamben’s concepts of ‘the sovereign’, ‘state of exception’ and ‘bare life’ have been used by political theorists, particularly since the declaration of the Global War on Terror and during the more recent age of wars of humanitarian intervention, to conceptualize the sovereignty exercised by security states. These state processes have been mirrored by absolutization within some branches of political theory, conflating Foucauldian concepts of biopolitical sovereignty and circulatory governmentality with notions of absolutist rule, and narrowing optics for (...) interpreting popular mobilizations around gendered ‘human security’ projects, emergency regimes and moralizing repression. Suggesting more productive directions for theory, this article generates a close reading of female activists working in an unexpected industry in Egypt who have struggled to invert and subvert absolutist and moralizing framings and have generated their own theory through practice. The ‘Natashas of Cairo’ – well organized and transnationally linked belly dancers – successfully promoted gendered popular sovereignty in remarkable campaigns between 2002 and 2006, utilizing personal-rights litigation to create frameworks to render the absolutist state more accountable; establish labor solidarities that crossed international boundaries as well as class boundaries; and articulate an alternative moral regime for dance work that rejected both ‘pornification’ and the ‘respectability politics’ of professionalization. (shrink)

Giorgio Agamben’s concepts of ‘the sovereign’, ‘state of exception’ and ‘bare life’ have been used by political theorists, particularly since the declaration of the Global War on Terror and during the more recent age of wars of humanitarian intervention, to conceptualize the sovereignty exercised by security states. These state processes have been mirrored by absolutization within some branches of political theory, conflating Foucauldian concepts of biopolitical sovereignty and circulatory governmentality with notions of absolutist rule, and narrowing optics for (...) interpreting popular mobilizations around gendered ‘human security’ projects, emergency regimes and moralizing repression. Suggesting more productive directions for theory, this article generates a close reading of female activists working in an unexpected industry in Egypt who have struggled to invert and subvert absolutist and moralizing framings and have generated their own theory through practice. The ‘Natashas of Cairo’ – well organized and transnationally linked belly dancers – successfully promoted gendered popular sovereignty in remarkable campaigns between 2002 and 2006, utilizing personal-rights litigation to create frameworks to render the absolutist state more accountable; establish labor solidarities that crossed international boundaries as well as class boundaries; and articulate an alternative moral regime for dance work that rejected both ‘pornification’ and the ‘respectability politics’ of professionalization. (shrink)

This essay discusses some of the ways in which De iure praedae may be understood to constitute a republican text. It is my argument that the 'Commentary on the Law of Prize and Booty' should be firmly located within the over-arching republican discourse of the juvenilia, although the text's republican content is not immediately apparent. On close examination, a republican sub-text is detectible through the author's treatment of the discursive object of the text, the Dutch East India Company , a (...) corporate body. By attempting to legitimate the VOC's natural right to wage just war, Grotius invests a private entity with a public mark of sovereignty. This investiture of a non-state actor with public international legal personality forces a careful reappraisal of two central characteristics of seventeenth-century republican thought: the divisibility of sovereignty, and the fluid demarcation between the 'public' and the 'private' spheres. I conclude that the VOC may be accurately denoted a 'corporate sovereign', an entity whose legal personality is derived from the corporatist principles that underlined early republican and federalist theory. (shrink)

Respectively in the public andin the private spheres, both sovereignty and property are expressions of the turn to the primacy of the interests of the individual at the beginning of the Modern Ages: in the first case this primacy is related to the individual state, in the second to the individual economic actor. The centrality of individuality, as the most distinguishing feature of modern thinking, thus lies at the basis of the interconnection between the two concepts. This is developed (...) according to three distinct patterns. In the light of the first pattern, sovereignty degenerates into a mere means in the service of defending private interests, thereby eluding its fundamental public function. On the other hand, from the perspective of the second pattern, individual property leaves the private domain, claiming absoluteness and presuming to replace the public dimension. Both these patterns reflect one-sided relations in which the two terms — sovereignty and property — merge in opposite ways, but always losing their specific content and rationale in the context of the social order. The third pattern is the only one in which sovereignty and property maintain their respective functions, with the two elements synergistically contributing to a social order in which public sphere and private dimension are both recognized as essential components. Here, public sovereignty and private property are co-essential insofar as sovereignty derives from individual will, private property is fundamental for the individual to pursue the personal self-realization that lies at the basis of his/ her legitimation of sovereignty, and — finally — public power is at the service of defending the rights and interests of all individuals. (shrink)

This article reassesses Samuel Pufendorf's understanding of sovereignty and of the Holy Roman Empire. I argue that the form of the polity theorized by him should be comprehended in light of his adoption of the faculty psychology of Francisco Suárez. Suárez's was a conception of the life of the mind which, Pufendorfmaintained, also operated at the level of the 'composite moral person' of the state. It is true that the sovereign's is the only will in the state that counts (...) politically; but the state has an intellect too, and this may be located in an institution separate from the sovereign. Sovereign will can only function according to the scheme of efficient causality of which faculty psychology forms a component, and thus political absolutism, in which a singular and uncontrollable will is all, is not a necessary feature of Pufendorf's political theory. Moreover, this facultative conception of sovereignty is designed to pertain just as much to composite polities such as the German Empire as to more simple polities. (shrink)

May a hotel owner that objects to same-sex marriage on religious grounds refuse to host a same-sex wedding in its ballroom or deny the couple the right to book the honeymoon suite? Do public accommodation laws oppress religious dissidents by forcing them to act contrary to their religious beliefs or does discriminatory exclusion threaten equal access to the market economy and deny equal citizenship to LGBTQ persons? Answering these questions requires explaining why one property claim should prevail over another and (...) why one liberty should prevail when it clashes with another. And answering those questions requires analysis of the relationship between property and sovereignty. Sovereign power both creates and regulates the types of property rights that can be tolerated in a free and democratic society that values each person equally. Should we view sovereignty as a threat to property or property as a threat to sovereignty? Libertarians choose the first and liberals the second. But this is the wrong way to understand the relation between property and sovereignty. Property and sovereignty are not separate and independent concepts or spheres of social life that can be brought into relationship with each other. Rather, they are imbricated; they overlap like roof tiles. Our aspiration to live in a free and democratic society places certain constraints on both property and sovereignty. Such societies do not recognize absolute power, whether public or private. Free and democratic societies are committed to a substantive vision of both social relations and politics. We have fruitful debates about property and sovereignty and, in the end, must construct a legal system that effects an acceptable compromise between access and exclusion in the property regime. Our historic practices regarding racial and other forms of discrimination and our evolving norms suggest that public accommodation laws enable access to the marketplace without regard to invidious discrimination. Religious freedom cannot operate to deny equal citizenship or opportunity. For that reason, a same-sex couple should not have to call ahead to see if they are welcome to book the honeymoon suite. Public accommodation laws do not infringe on legitimate property rights or religious freedoms; rather, they define the legitimate contours of liberty and property in a society that treats each person with equal concern and respect. (shrink)

For Locke, Professor Konvitz suggests, political sovereignty is dependent upon the existence of a social contract between the sovereign, the legislature, and the people who, through this contract, agree to be governed. It is the right of the governed, acting as a whole, to revolt against their government when it no longer protects their natural rights and to seek a new government that will act in accordance with these rights. It is further the right of individuals within such a (...) society to refuse to act in accordance with specific laws that offend their personal conscience, but they should be prepared to suffer consequences for violating such laws. In the latter concept, Locke, Professor Konvitz asserts, has anticipated the essential elements of the concept of civil disobedience. (shrink)

From The Birth of Tragedy on, Nietzsche worked to comprehend the nature of the individual. Richard White shows how Nietzsche was inspired and guided by the question of personal "sovereignty" and how through his writings sought to provoke the very sovereignty he described. White argues that Nietzsche is a philosopher our contemporary age must therefore come to understand if we are ever to secure a genuinely meaningful direction for the future. Profoundly relevant to our era, Nietzsche's philosophy (...) addresses a version of individuality that allows us to move beyond the self-dispossession of mass society and the alternative of selfish individualism - to fully understand how one becomes what one is. (shrink)

A question of interpersonal sovereignty dating back to the early modern era has resurfaced in contemporary political philosophy: viz. Should one individual have, prior to any consent, property rights in another person? Libertarians answer that they should not – and that this commitment requires us to reject all positive duties. Liberal-egalitarians largely agree with the libertarian’s answer to the question, but deny the corollary they draw from it, arguing instead that egalitarian regimes do not require other-ownership. Drawing on recent (...) property theory I argue the libertarians are wrong that positive duties necessarily imply other-ownership, and the egalitarians are wrong that egalitarian entitlements largely avoid other-ownership. Instead, a prohibition on other-ownership guides us towards a middling political position, both allowing and constraining our positive duties and liabilities to others. I conclude by suggesting that a prohibition on other-ownership creates an attractive boundary condition for property in general. (shrink)

The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led (...) to deterritorialization of vast domains of the economy and the media which enable them to escape from state control, territorial presence, whether on terra firma or on vessels at sea which are functional surrogates for territorial sovereignty, continues to be the basis for the entitlement to human and citizens’ rights. We are facing a dual movement of deterritorialization and territorialization at once, both of which threaten the end of the 1951 Convention. This article is an exercise in non-ideal theory which, nonetheless, has implications for a seminal question in ideal democratic theory as to how to define and justify the boundaries of the demos. If the demos refers to the constitutional subject of a self-determining entity in whose name sovereignty is exercised, regimes of sovereignty, including those which govern the movement of peoples across borders, define the prerogatives as well as obligations of such sovereign entities under international law. The period ushered in by the 1951 Convention was such a sovereignty regime which today may be nearing its end. (shrink)

Economists use tastes as a source of information about personal welfare and judge the effects of policies upon preference satisfaction; neoclassical welfare economics is the analytical embodiment of this preference sovereignty norm. For an initial distribution of wealth, the welfare-maximizing outcome is the one that exhausts all possible gains from trade. Gains from trade are defined relative to fixed ordinal preferences. This analytical apparatus consists of both the Pareto principle, which implies that externality-free voluntary trades increase welfare, and (...) applied costbenefit analysis, which attempts to weight costs and benefits when evaluating policies that are not Pareto improvements. (shrink)

If the instance of human rights cannot ensure the protection of the rightless, as Arendt famously claimed, how can the rightless struggle for freedom and equality? In this essay, I attempt to answer this question by reconsidering Arendt’s influential critique of human rights in light of the two polar responses it evoked from contemporary French philosophers Jacques Rancière and Étienne Balibar. Rancière, who objects to Arendt’s delimiting of the political, finds her argument excluding and dangerous. Balibar, on the other hand, (...) believes that it conveys an immense potential for politics to come, as it points to the dialectical political truth of equaliberty. In the following, I show the problematics of Rancière’s ingenious formulation of rights, and the answer Balibar’s original interpretation of Arendt’s thought might suggest in response. I contend that working through Rancière’s critique of Arendt’s argument and Balibar’s affirmation of it not only highlights the merits of her critical account but also points to the fundamental relation between Arendt’s work on rights and her later discussions of the human condition of non-sovereignty and the power of promises. I believe that such a reading can contribute to our interpretation of Arendt, and pave new routes of action for non-citizens (such as refugees, stateless persons and subjects of military occupation), who cannot employ the authorities’ strength for their protection. (shrink)

In this important book Peter G. Brown seeks to chart a new future for the species that share the earth. He offers an innovative, yet historically grounded, argument for human rights to bodily integrity; to moral, religious, and political choice; and to subsistence that all persons owe each other irrespective of nationality. He also argues that we have direct moral obligations to non-humans - he calls this 'respect for the commonwealth of life'. Honouring these obligations requires a thorough regrounding of (...) human institutions. Through a series of careful arguments the reader is shown: *How we could reconceptualise economics from a growth orientation to an economics of stewardship as a moral end.*How governments could be thought of as trustees to protect human rights and commonwealth of life.*How civil society could be organised and property rights reconceptualised in service of these objectives.The book concludes with the argument that traditional prerogatives of nation states need to be transparent to enforceable international standards concerning human rights and the commonwealth of life, and offers a practical agenda for beginning this fundamental reorientation. (shrink)

The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying speech – that (...) is, speech or other expressive conduct that expresses viewpoints that explicitly reject that all persons should be regarded and treated as free and equal persons or citizens. According to Heyman and Quong, recognition-denying speech falls outside the scope of the right to participate in public discourse (i.e. what it is a right to). In contrast to Heyman and Quong, one can argue that a strong case can be made for viewpoint neutrality on the basis of what can be called a libertarian or Nozickean status-based theory of rights. According to this theory, toleration in a liberal democracy requires respect for the status of persons as thinking agents, and respect for thinking agents and their sovereignty over their own mind requires viewpoint neutrality – that is, a basic right to participate in public discourse as speakers and listeners free from state-imposed viewpoint-based restrictions. All persons should have a basic right to express, hear and consider any viewpoint within public discourse. This doctrine of viewpoint neutrality requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any viewpoint within public discourse, even if it is morally wrong to express, or expose others to, such views. (shrink)

ABSTRACTI contextualize and interpret the distinction in Hobbes’ Leviathan between the capacities of the sovereign and show its importance for contemporary debates on the nature of Hobbesian sovereignty. Hobbes distinguishes between actions the sovereign does on personal title, and actions he undertakes in a political capacity. I argue that, like royalists defending King Charles I before and during the English civil war, he maintains that the highest magistrate is sovereign in both his natural and political capacities because the (...) capacities are inseparable, though district. This position goes back to the treatment of Calvin’s Case by Francis Bacon and Edward Coke and has further precedents in medieval English constitutional thought. An important reason for Hobbes to include this doctrine in Leviathan, I suggest, is to provide a response to parliamentarians who employed the sovereign’s multiple capacities to justify armed resistance against the king. I show the relevance of this contextualization by intervening in two recent debates, regarding the possibility of constitutionalist limitations on the actions of the Hobbesian sovereign and regarding whether sovereignty is held by the commonwealth or by the person of the sovereign. (shrink)

The article presents a literary and theological analysis of Job 42:2 as a fitting resolution of the conflicting engagement between Yahweh and Job, which enables both parties to preserve their integrity. The article examines Israel’s testimony about Yahweh’s sovereignty as a background, it analyses Job’s testimony in 42:2 and then demonstrates that this passage probes more deeply into the theology of creation – the inescapable purpose of what God does. The article shows that Job’s testimony about the sovereignty (...) of Yahweh indicates an unusual personality and potent force that is manifested in the events of Job’s life as an agent whose sovereignty is remarkably unlimited. The substance of Job’s testimony this article proposes, produces a dynamic figure that has an overwhelming task at the centre stage of its subject’s well-being. This role, moreover, is the engine that drives Israel’s testimony; the splendour of Israel’s faith and the source of Israel’s life. This role is a theological datum of substance. (shrink)

About Christian philosophy, by J. Maritain.--Von Hildebrand and Marcel: a parallel, by A. Jourdain.--Love and philosophy, by J. V. Walsh.--The concepts of cyclic and evolutionary time, by B. de Solages.--The sovereignty of the object; notes on truth and intellectual humility, by A. Kolnai.--Authentic humanness and its existential primordial assumptions, by C. Marcel.--Individuality and personality, by M. F. Sciacca.--Can a will be essentially good? By H. de Lubac.--Reason and revelation on the subject of charity, by R. W. Gleason.--Technique of spiritualization (...) and transformation in Christ, by J. A. Cuttat.--Some reflections on gratitude, by B. V. Schwarz.--Bibliography of the works of Dietrich Von Hildebrand (p. 195-210). (shrink)

In his Does God have a Nature, Alvin Plantinga aims to explore three interrelated questions: does God have a nature? if so, is there a conflict between God's sovereignty and his having a nature? and how is God related to such abstract objects as properties and propositions? It seems clear from the introduction of the book, however, that his main and primary concern is to support two Divine widely accepted attributes namely God's aseity and sovereignty.

The focus of this study is an examination of what it means to be a legal person and the role that the law plays in bestowing the legal status of being a person. This study highlights the underpinning rationalities and human interest that establish a hierarchy between person, defined as “human”, at a superior level to everything else, defined as “nonhuman”. In this respect, there is a core notion concerning human exceptionalism based on the rational sovereignty that justifies and (...) consolidates the mastery of nature. To understand the fundamental premises of legal personhood, it begins from the first usage of person in history and philosophy, since the concept of legal personhood has been established through historical and philosophical developments. Analysing the meaning of person through different conceptualisations can allow a deeper insight into the legal interpretation of personhood. As a result of such investigation, two main dualistic structures of legal personhood reveal: the person-property dualism and the human being-person dualism. Thus, legal personhood simultaneously includes personalisation and depersonalisation, and always operates in a hierarchical array. Although the division between persons and things in the concept of personhood is rigid, being a “person” or a “thing” is open to interpretation in different circumstances through legal practices of exclusion and inclusion. Recently, there have been an increasing number of court rulings and a tendency of legislation to recognise the legal personhood of natural entities as a legal way of conserving the environment. This leads to an interpretation that legal recognition is a matter of institutional interest and attempts. Nevertheless, legal practitioners mostly prefer to confer certain rights or the status of a legal person on nature without the consideration of legal personhood’s background as seen in the case discussed in this study - the Tierra Digna case in Colombia. While this study endeavours to demonstrate the anthropocentric standard view of legal personhood, its principal purpose is to indicate the malleable nature of legal personhood as a product of legal fiction. In this context, this study aims to conclude that law’s imaginary nature should be used for producing a new legal reasoning and for offering a real paradigm shift that is congruent with the plasticity of and the fluidity of nature. (shrink)

The inspiring true stories in this book will warm the heart of any animal lover.

Look inside this book to meet the everyday heroes who found ways to save animals from Hurricane Katrina and the floods that followed.

This study investigates the impact of fraud/lawsuit revelation on U.S. top executive turnover and compensation. It also examines potential explanatory variables affecting the executive turnover and compensation among U.S. fraud/lawsuit firms. Four important findings are documented. First, there was significantly higher executive turnover among U.S. firms with fraud/lawsuit revelation in the Wall Street Journal than matched firms without such revelation. Second, although on average, U.S. top executives received an increase in cash compensation after fraud/lawsuit revelation, this increase is smaller than (...) that of matched non-fraud/lawsuit firms. Third, fraud/lawsuit firms were more likely to change top executive when chief executive officer (CEO) was not the board chairman and CEO had been on the board for a short time. Fourth, fraud/lawsuit firms were more likely to reduce their executive cash compensation when profitability was low, firms were involved in fraud, the compensation committee size was small, and the board met more often. These findings indicate that although, in general, U.S. fraud/lawsuits firms did not reduce their executive cash compensation, those involved in fraud were more likely to reduce their executive cash compensation than to change their top executives. The finding, that ethical standards is not a significant factor for U.S. executive turnover nor compensation reduction, suggests that ethics appears to play no part in the board’s decisions, and that U.S. firms may have ethical standards in writing but they do not implement nor enforce the standards. (shrink)

The theory of evolution: The rise and impact of evolutionary ideas, by R. Scoon. Evolution in its relation to the philosophy of nature and the philosophy of culture, by F.S.C. Northrop. The genetic nature of differences among men, by T. Dobzhansky. Evolutionary thought in America: Evolution and American sociology by R.E.L. Faris. The impact of the idea of evolution on the American political and constitutional tradition, by E.S. Corwin. Evolutionism in American economics, 1800-1946, by J.J. Spengler. The influence of evolutionary (...) theory upon American psychological thought, by E.G. Boring. Naturalism in American literature, by M. Cowley. The idea of organic expression and American architecture, by D.D. Egbert. Evolution and moral theory in America, W.F. Quillian, Jr. Evolution and theology in America, by S. Persons. (shrink)

This book is designed to provide an introduction to the history of American thought. It does not attempt to be encyclopedia in its coverage of the subject; many familiar names of names of men and books are absent.