For Kant right and ethics are two formally distinct departments of a single morality of reason and freedom. Unlike ethics, right involves an authorization to coerce, and this coercion serves as a pathological incentive. I argue that for Kant the distinctive character of right flows from the fact that juridical obligation has a different relational structure than ethical obligation. I argue that this relational structure explains the connection of right to coercion, and also explains how a (...) categorical imperative can be known a priori to issue in both a pathological and non-pathological incentive. Thus the justification of coercion and its special role as incentive are rooted in the relational character of juridical obligations, and so ultimately in categorical imperatives of reason. Since this pathological incentive has a moral basis in the structure of juridical obligations, and so ultimately in a representation of moral laws, I argue that Kant’s discussion of the juridical incentive of coercion is more continuous with his main discussion of moral incentives in the Critique of Practical Reason than it might at first appear. I illustrate the consequences of this reading by discussing the propensity to injustice, as Kant understands it, and the unique way in which the juridical incentive undermines it. (shrink)

The paper focuses on a recent challenge brought forward against the interventionist approach to the meaning of counterfactual conditionals. According to this objection, interventionism cannot account for the interpretation of right-nested counterfactuals, the problem being its strict interventionism. We will report on the results of an empirical study supporting the objection. Furthermore, we will extend the well-known logic of intervention with a new operator expressing an alternative notion of intervention that does away with strict interventionism. This new (...) notion of intervention operates on the valuation of the variables in a causal model, and not on their functional dependencies. (shrink)

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to understand these rights, where do we (...) look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)

Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological (...) perspective, this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy. Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 535 second English volume), Ratzinger's Behold the Prerced One (pp. 1345 ), and W. Kasper's Theology and Church (pp. 94-108; Kasper says simply, "Rahner's characterization of neo-Chalcedonianism is historicaly inaccurate," p. 214, note 18). As it is, Ols's treatment reminds us that Rahner's own writings, which overlooked the later Councils of Constantinople, presume that Chalcedon had been the end of a development in Christology; this inaccurate presumption (...) has dominated too much of the writing which has followed Rahner's essay. Ols returns to this problem of " latent monophysitism " in some classical christologies in the final chapters of his work (VIII-XI). With a careful examination of the christology of Aquinas, the author skillfully demonstrates the rich development of Christ's true humanity that is possible within the classical approach; he deals specifically with the topics of Christ's knowledge, his sinlessness, and the concept of person. (It is interesting to note that, like Rahner and others before and after, Ols thinks that the word "person" is not particularly felicitous and would prefer simply the word hypostasis or subsistence [p. 187]. His wish is likely to have no more success than previous suggestions in this regard.) Although limited in its intent, this hook is rich in many ways. Ols's knowledge of St. Thomas is deep, and he uses that knowledge well. His critique of Rahner and Schilleheeckx may he forceful in its negative assertions, hut I believe it is accurate in pointing out the philosophical idealism that underlies much of their christological writings. This idealism is too often overlooked and needs the corrective of what we might call "Mediterranean realism." Although his criticism may he incisive, it is never unfair or strident, and he is aware of the positive insights that these men have contributed to our continuing reflections on the Lord. By intent, Ols's work is essentially one of evaluation and criticism. Nevertheless, the chapters that reflect on (and develop) Aquinas's teaching and give a positive presentation of the real human· ity of the Lord lead one to hope that the author will follow this study with a fully elaborated christology. St. Joseph's Seminary, Dunwoodie Yonkers, New York JAMES T. O'CONNOR Kant's System of Rights. By LESLIE A. MULHOLLAND. New York: Columbia University Press, 1990. Pp. xvii + 434. $49.00. Several good hooks on Kant's political philosophy have appeared in the past decade, hut the literature on Kant's political philosophy is still both slimmer and weaker than on any other aspect of his thought. 536 BOOK REVIEWS Though we still await a definitive study of the topic, this book goes a long way toward filling some important gaps. Even the best books on Kant's political philosophy tend to treat only the broad outlines of Kant's position, shying away from detailed exposition of Kant's theories of individual right and external possession and of the political theory based on them. Mulholland's is not only the most detailed but also the most persuasive account of these matters which has yet been presented in English. The book's first four chapters attempt to lay the foundations for Kant's political philosophy through a general discussion of his ethical theory. The main function of these (somewhat overlong) introductory chapters is to argue for a tension between the law of nature formula (which Mulholland prefers as a guide to Kant's theory of right) and the formula of humanity as end in itself. According to Mulholland, the law of nature formula leads to a theory of rights and political obliga· tion which places Kant in the natural law tradition, whereas the formula of humanity commits him to what Mulholland calls the " deed principle ": that acquired rights can come about only through a deed on the part of those having the duties corresponding to the rights through which these duties have been assumed. Mulholland argues that if we take the deed principle strictly, then we must base political obligation on consent and thus on a social contract. The burden of Mulholland's argument throughout the book is that Kant cannot sustain the deed principle, and it is... (shrink)

Context: Strict finitism is usually not taken seriously as a possible view on what mathematics is and how it functions. This is due mainly to unfamiliarity with the topic. Problem: First, it is necessary to present a “decent” history of strict finitism and, secondly, to show that common counterarguments against strict finitism can be properly addressed and refuted. Method: For the historical part, the historical material is situated in a broader context, and for the argumentative part, an (...) evaluation of arguments and counterarguments is presented. Results: The main result is that strict finitism is indeed a viable option, next to other constructive approaches, in mathematics. Implications: Arguing for strict finitism is more complex than is usually thought. For future research, strict finitist mathematics itself needs to be written out in more detail to increase its credibility. In as far as strict finitism is a viable option, it will change our views on such “classics” as the platonist-constructivist discussion, the discovery-construction debate and the mysterious applicability problem . Constructivist content: Strict finitism starts from the idea that counting is an act of labeling, hence the mathematician is an active subject right from the start. It differs from other constructivist views in that the finite limitations of the human subject are taken into account. (shrink)

Dummett's objections to the coherence of the strict finitist philosophy of mathematics are thus, at the present time at least, ill-taken. We have so far no definitive treatment of Sorites paradoxes; so no conclusive ground for dismissing Dummett's response — the response of simply writing off a large class of familiar, confidently handled expressions as semantically incoherent. I believe that cannot be the right response, if only because it threatens to open an unacceptable gulf between the insight into (...) his own understanding available to a philosophically reflective speaker and the conclusions available to one confined to observing the former's linguistic practice; for an observer of our linguistic practice could never justifiably arrive at the conclusion that ‘red’, ‘child’, etc., are governed by inconsistent rules. But the Sorites is not the subject of this paper. The points I hope to have made plausible are: that a generalized intuitionist position cannot be so much as formulated and that even a most local intuitionism, argued for the special case of arithmetic, is hard pressed effectively to stabilize and defend itself; that strict finitism remains the natural outcome of the anti-realism which Dummett has propounded by way of support for the intuitionist philosophy of mathematics; that it is powerfully buttressed by the ideas of the latter Wittgenstein on rule-following; and that there is no extant compelling reason to suppose that its involvement with predicates of surveyability calls its coherence into question. The correct philosophical assessment of strict finitism, and its proper mathematical exegesis, remain absolutely open, almost virgin issues. This is not a situation which philosophers of mathematics should tolerate very much longer. (shrink)

What if what is permissible and acceptable today is anathema tomorrow? There is a whole canon of scholarly ethics books written with the express purpose of telling you what is RIGHT and what is WRONG. This is not one such book. Juan Enriquez wants to make it easier for us to talk to one another, to prod one another, to understand and guide one another without an everlasting certainty of strict RIGHT v WRONG.

Strict/tolerant logic, ST, evaluates the premises and the consequences of its consequence relation differently, with the premises held to stricter standards while consequences are treated more tolerantly. More specifically, ST is a three-valued logic with left sides of sequents understood as if in Kleene’s Strong Three Valued Logic, and right sides as if in Priest’s Logic of Paradox. Surprisingly, this hybrid validates the same sequents that classical logic does. A version of this result has been extended to meta, (...) metameta, … consequence levels in Barrio et al.. In my earlier paper Fitting I showed that the original ideas behind ST are, in fact, much more general than first appeared, and an infinite family of many valued logics have Strict/Tolerant counterparts. This family includes both Kleene’s and Priest’s logic individually, as well as first degree entailment. For instance, for both the Kleene and the Priest logic, the corresponding strict/tolerant logic is six-valued, but with differing sets of strictly and tolerantly designated truth values. The present paper extends that generalization in two directions. We examine a reverse notion, of Tolerant/Strict logics, which exist for the same structures that were investigated in Fitting. And we show that the generalization extends through the meta, metameta, … consequence levels for the same infinite family of many valued logics. Finally we close with remarks on the status of cut and related rules, which can actually be rather nuanced. Throughout, the aim is not the philosophical applications of the Strict/Tolerant idea, but the determination of how general a phenomenon it is. (shrink)

To protect what it deems fundamental rights, the Supreme Court strictly scrutinizes legislation that impinges on these rights. The Court views such legislation as a means to some end the legislation seeks to accomplish. The Court requires that the statute be neither overinclusive nor underinclusive; the legislation may not affect more people than necessary to achieve its end, nor is the statute permitted to leave some people out in achieving its end.I argue that when legislation imposes burdens, its underinclusiveness is (...) irrelevant, and that when it dispenses rewards its overinclusiveness is irrelevant, because those affected by the statute areex hypothesi deserving. One commits thetu quoque fallacy when one tries to infer that those affected by the law are undeserving from the fact that some deserving individuals were not affected by the statute. (shrink)

The main theme of this volume of selected essays on poetry and on history, written between 1938 through 2004, is suggested in Vierecks coined phrase 'strict wildness,'which suggests a balance between restraint and passion. The book explores questions of modernism and poetic craft with respect to American poetry. It discusses the controversy over Era Pounds politics and its relation to his poetics, and the nearly forgotten poet Vachel Lindsay. Viereck offers more general views on poetics, including the fruitful tensions (...) between form and content, and the impact of modern technology on poetic expression. This book also discusses history and politics, and contains essays on McCarthyism, the Cold War, political conformity of the Left and Right, and issues of historiography and culture that define Vierecks individual, often critical brand of conservatism. (shrink)

The article is a review of A.P. Simester, ed., Appraising Strict Liability. We strongly recommend the book for the sophistication of the contributors’ analyses, and the contribution the book makes to clarifying the normative issues at stake in strict liability legal regimes. The review focuses on the more philosophical essays in the book. The specific issues from the book identified in the review are: the rights-based character of the prohibition on conviction without moral fault; the importance of the (...) principle of proportionality; due diligence defences; the instrumental worth of strict liability in relation to quasi-criminal regulation; the faultiness of genuinely creating risks. (shrink)

Alasdair Cochrane introduces an entirely new theory of animal rights grounded in their interests as sentient beings. He then applies this theory to different and underexplored policy areas, such as genetic engineering, pet-keeping, indigenous hunting, and religious slaughter. In contrast to other proponents of animal rights, Cochrane claims that because most sentient animals are not autonomous agents, they have no intrinsic interest in liberty. As such, he argues that our obligations to animals lie in ending practices that cause their suffering (...) and death and do not require the liberation of animals. Cochrane's "interest-based rights approach" weighs the interests of animals to determine which is sufficient to impose strict duties on humans. In so doing, Cochrane acknowledges that sentient animals have a clear and discernable right not to be made to suffer and not to be killed, but he argues that they do not have a prima facie right to liberty. Because most animals possess no interest in leading freely chosen lives, humans have no moral obligation to liberate them. Moving beyond theory to the practical aspects of applied ethics, this pragmatic volume provides much-needed perspective on the realities and responsibilities of the human-animal relationship. (shrink)

The article discusses the rights of minorities in the system of the International Covenant on Civil and Political Rights. It establishes a conceptual distinction between universal rights, specific rights of minorities in general and specific rights of particular minorities. Universal rights correspond to all individuals (e,g,, “no one shall be subjected to torture”) or all groups of a certain class (e.g., “all families are entitled to protection”). Minority groups and their members are entitled to these rights in the same way (...) as any other individual or group. Specific rights of minorities in general are granted to minority groups (e.g., “minority groups have the right to speak their own language”) or their members (e.g., “persons belonging to a minority group have the right to speak the language of the group”). Finally, specific rights of particular minorities are granted to specific groups identified by their characteristics (e.g., “the linguistic minority X has the right to speak the X language”) or their members (e.g., “any member of the linguistic minority X has the right to speak the X language”). Treaties and international declarations often refer to universal rights and specific rights of minorities in general. However, these rights are usually recognised in broad terms, and their implementation may lead to the recognition of specific rights in favour of particular minorities or their members. Protection of minorities (in the broad sense of the expression) is based on two pillars: on the one hand, the protection against discrimination; on the other hand, the protection of minorities in the strict sense. The first pillar is an aspect of the general principle of nondiscrimination and requires respect for both formal and substantive equalities. The protection of minorities in the strict sense involves the preservation of their particular identity. The purpose of the equality in a formal sense is achieved through universal rights, to the extent that these are granted to minority groups and their members. On the contrary, to achieve equality in a substantive sense, it could be necessary to implement positive measures. The implementation of these measures will usually lead to the recognition of specific rights of minority groups or their members. Finally, the protection of the distinctive characteristics of the minorities will also be done through specific rights. Thus, on the one hand, there are rights, which are intended to protect the minority forms of life (i.e. to protect differences), and, on the other hand, those that are intended to allow minorities equal access to different uniform social goods (i.e. to protect equality). Whereas the former ones seek to protect and promote the particularities of the minority culture (e.g., the right to receive education in their own language), the latter ones are recognised to overcome the disadvantages that minority groups and their members face and are not intended to promote peculiarities, but rather to permit equal access to resources and social opportunities. Article 27 of the International Covenant on Civil and Political Rights enshrines specific rights of minorities intended to protect and promote their own forms of life. Although economic rights are not mentioned (the article refers to the rights “to enjoy their own culture, to profess and practise their own religion, [and] to use their own language”), they may stem from the explicitly recognised rights. The rights recognised by the Covenant are not collective, but individual rights (“in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right [...]”). The rights recognised in the Declaration of the United Nations General Assembly on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities are of the same nature. The principle of equality and non-discrimination is contained in Articles 2.1 and 26 of the Covenant. This principle forbids direct and indirect discrimination, be it de iure or de facto. As this is a universal right, minorities can also benefit from it. According to the Human Rights Committee, Article 27 imposes on States the adoption of positive measures that exceed an attitude of mere abstention. In the same way, positive measures may be necessary to make the principle of equality and non-discrimination effective. Although neither Article 27 nor Articles 2.1 and 26 refer to individuals belonging to a specific minority, the concrete implementation of these articles through positive measures may produce specific rights for persons belonging to particular minority groups. (shrink)

In Morals from Motives (2001) Michael Slote puts forward an agent-based virtue ethics that purports to derive an account of deontic terms from aretaic evaluations of motives or character traits. In this view, an action is right if and only if it proceeds from a good or virtuous motive or at least does not come from a bad motive, and wrong if it comes from a bad motive. I argue that Slote does not provide an account of right (...) action at all, that is, if ‘right action’ is understood in the strict deontic sense of an act that is either permissible or obligatory. An examination of Slote’s treatment of the problem of moral luck shows that he presupposes a conceptual link between what is morally wrong and what is blameworthy. I conclude by suggesting that agent-based virtue ethics may do better as an attempt to eliminate deontic notions altogether. (shrink)

C. I. Lewis intended his systems S1–S5 as contributions to the study of “strict implication”, but in his formulation, strict implication is so thoroughly intertwined with other notions, such as possibility and negation, that it remains a problem, to separate out the properties of strict implication itself. I shall solve this problem for S2–5 and von Wright's M. The results for S3–5 are given below, while the implicative parts of S2 and M, which are rather more complicated, (...) are given in §5.In this presentation, ‘⊃’ stands for strict implication, and missing brackets for ‘⊃’ are restored by associationtothe right. Astrictformula is one of the form A ⊃ B. Axiom schemes are used throughout. (shrink)

Liang Tao and Kuang Zhao, trans. Confucian rights can be characterized as a kind of “fallback apparatus,” necessary only when preferred mechanisms—for example, familial and neighborly care or traditional courtesies—would otherwise fail to protect basic human interests. In this paper, I argue that the very existence of such rights is contingent on their ability to function as remedies for dysfunctional social relationships or failures to develop the virtues that sustain harmonious Confucian relationships. Moreover, these remedies are not, strictly speaking, rights-based, (...) for having a right consists in having the power to claim one's rights for oneself, which the classical Confucians would curtail. I conclude by noting how we might revise standard assumptions about the practice of “claiming one's rights” to make it more compatible with core Confucian principles. 梁涛 匡钊译 儒家权利可称为是一种“备用机制”（fallback apparatus），诉诸权利仅当其他首选机制，如家族与邻里的关怀或对传统礼俗的依赖等，不能有效维护人们的基本利益时才是必要的。儒家权利的存在取决于其补救功能，其需要补救的是儒家谐社会关系及相应美德中 出现的危机、过失。但儒家的补救并不完全是基于权利之上的，古典儒家不认为人民可以代表自己提出主张，也不认为民众可以直接推翻昏庸的暴君，有抵抗权的主要是汤、武等第一级的贵族。对于儒家国家来讲，从制度上认可 人民的权利主张可能是获得社会和谐最有效的手段。. (shrink)

Context: Strict finitism is usually not taken seriously as a possible view on what mathematics is and how it functions. This is due mainly to unfamiliarity with the topic. Problem: First, it is necessary to present a “decent” history of strict finitism (which is now lacking) and, secondly, to show that common counterarguments against strict finitism can be properly addressed and refuted. Method: For the historical part, the historical material is situated in a broader context, and for (...) the argumentative part, an evaluation of arguments and counterarguments is presented. Results: The main result is that strict finitism is indeed a viable option, next to other constructive approaches, in (the foundations of) mathematics. Implications: Arguing for strict finitism is more complex than is usually thought. For future research, strict finitist mathematics itself needs to be written out in more detail to increase its credibility. In as far as strict finitism is a viable option, it will change our views on such “classics” as the platonist-constructivist discussion, the discovery-construction debate and the mysterious applicability problem (why is mathematics so successful in its applications?). Constructivist content: Strict finitism starts from the idea that counting is an act of labeling, hence the mathematician is an active subject right from the start. It differs from other constructivist views in that the finite limitations of the human subject are taken into account. (shrink)

The primary theme of this paper is the normative case against ownership of one's genetic information along with the source of that information (usually human tissues samples). The argument presented here against such “upstream” property rights is based primarily on utilitarian grounds. This issue has new salience thanks to the Human Genome Project and “bio-prospecting” initiatives based on the aggregation of genetic information, such as the one being managed by deCODE Genetics in Iceland. The rationale for ownership is twofold: ownership (...) will protect the basic human rights of privacy and autonomy and it will enable the data subjects to share in the tangible benefits of the genetic research. Proponents of this viewpoint often cite the principle of genetic exceptionalism, which asserts that genetic information needs a higher level of protection than other kinds of personal information such as financial data. We argue, however, that the recognition of such ownership rights would lead to inefficiency along with the disutility of genetic discoveries. Biomedical research will be hampered if property rights in genes and genetic material are too extensive. We contend that other mechanisms such as informed consent and strict confidentiality rules can accomplish the same result as a property right without the liabilities of an exclusive entitlement. (shrink)

Human rights do not exist. To be more precise, in the year 1998 human rights do not exist and no one can know if they will exist in the future. This ascertainment is inescapable if we wish to strictly define the concept of “right” and “human right” without taking into consideration political-ideological expediencies. A “right” is not something that exists merely as a phantom in the minds of philosophers or that flourishes on the lips of propagandists. The (...) very essence of a right entails by definition that it can be demanded and imposed, and a “human right” can only be…. (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context (...) of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of moral (...) rights can occur even when no one has acted wrongfully in any fashion. In so doing, it will effectively be maintaining that strict liability (i.e., liability irrespective of the presence or absence of culpability) exists in morality as well as in law. When we take account of the distinction between exoneration and extenuation, we can see that scrupulously thorough precautions are never sufficient to constitute an excuse in morality. Having made that point with some extended examples, the article goes on to consider a number of possible objections - objections that lead into discussions of some basic distinctions within moral philosophy and some central principles within deontic logic. (shrink)

Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist account of the basic principles of justice which justifies their strict objectivity without invoking moral realism nor moral anti- or irrealism. Westphal explores how Hume developed a kind of constructivism for basic property rights and for government, and how Kant greatly (...) refined Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative account. Westphal contends that Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism. (shrink)

During the course of life, it is common to make some decisions that prove to be correct. Some of these choices are made without a specific reason, but only out of habit or intuitively, while others are based on judgments and motivations. However, when we claim that a decision is “right”, what kind of judgment are we referring to? On the one hand, the term “right” (or “wrong”) often refers to abstract norms. Usually, truth and falsehood serve as (...) criteria in these cases. In such situations, judgments about what is “right” or “wrong” depend strictly on an accurate rational evaluation, which is instrumental in guiding individuals to undertake or avoid certain actions. On the other hand, there is a sense of justice that concerns ethics and values. In these circumstances, a decision is generally considered “right” if it is based on a criterion of judgment that allows individuals to make a decision freely, without being bound by an abstract norm, but rather by elaborating the choice as the realization of what they consider good and just. In this paper will examine and redefine the concept of “right choice”, acknowledging the above mentioned dual nature of its meaning. It will be argued there is a link between what abstract norms dictate to do, in order to reach a formally correct decision, and what, instead, depends on merely reasons and attitudes. This connection is indeed ensured by wise decisions. (shrink)

Kant’s strict views on lying have been regularly cited as a reason for thinking there is something fundamentally wrong with Kantian ethics. Some of Kant’s statements here seem so excessive that most Kantians who have dealt with the topic have tried to distance themselves from them, usually claiming that they do not follow from Kant’s own principles. In this chapter, I will do a little of that, partly by questioning whether the famous example of the “murderer at the door” (...) really fits the principles Kant applies to it. By and large, however, I will argue Kant’s views about veracity are reasonable or at least defensible, if not selfevident. This is mainly because I also think some of them –especially his position in the brief, late and famous essay On a Supposed Right to Lie from Philanthropy – have been badly misunderstood. My principal aim here will be to correct that misunderstanding. (shrink)

I address an issue that arises for rights theories that recognize rights to compensation for rightsintrusions. Do individuals who never pose any risk of harm to others have a right, against a rightsintruder, to full compensation for any resulting intrusion-harm, or is the right limited in some way by the extent to which the intruder was agent-responsible for the intrusion-harm (e.g., the extent to which the harm was a foreseeable result of her autonomous choices)? Although this general issue (...) of strict liability vs. fault liability has been much analyzed and debated, there is a promising position that, to the best of my knowledge, has not been much discussed. This is the view that (1) when the intruder is agent-responsible for violating the rights (e.g., does so knowingly), she owes the intrudee compensation for the entire intrusion-harm, but (2) when the intruder is not agentresponsible for wrongly intruding upon the rights (because the intrusion was not wrong or because the intruder could not reasonably have known it was wrong), then she owes the intrudee compensation only for the intrusion-harm for which she is agent-responsible (and not, for example, harm that she could not have reasonably foreseen). I shall develop and motivate this position without attempting a full defense. Throughout, I focus on the rights of the intrudee, against the intruder, to compensation and the correlative duty of the intruder to the intrudee. I’m pleased and honored to have this paper included in this collection in honor of Hillel Steiner. Much of what I know about rights and libertarianism I learned from him – both from his written works and from his very helpful correspondence over the years. Moreover, his intellectual rigor, honesty, and modesty have been a source of inspiration. Although Hillel has not written extensively on compensation for intrusion-harms, it is a topic central to his view of justice, as it is to mine. (shrink)

As ethical attitudinists say, ethical statements cannot be strictly true or false, since they express wishes or attitudes, not beliefs. However, the wishes expressed by basic moral judgments about human rights are such that it is a necessary truth that those who know what human beings are have them, and those who do not acknowledge these rights show their lack of a living sense of human reality. The same goes for basic judgments about the rights of animals, and it is (...) blindness about the ontology of animal reality which lies behind the cruelty to animals inherent in vivisection and factory farming. One current source of this blindness may be the physicalist metaphysics which is typical of our day, and which should be sharply distinguished from metaphysical naturalism. (shrink)

In Morals from Motives (2001) Michael Slote puts forward an agent-based virtue ethics that purports to derive an account of deontic terms from aretaic evaluations of motives or character traits. In this view, an action is right if and only if it proceeds from a good or virtuous motive or at least does not come from a bad motive, and wrong if it comes from a bad motive. I argue that Slote does not provide an account of right (...) action at all, that is, if ‘right action’ is understood in the strict deontic sense of an act that is either permissible or obligatory. An examination of Slote’s treatment of the problem of moral luck shows that he presupposes a conceptual link between what is morally wrong and what is blameworthy. I conclude by suggesting that agent-based virtue ethics may do better as an attempt to eliminate deontic notions altogether. (shrink)

Peter van Inwagen and Colin McGinn hold that there are strong arguments for strict incompatibilism, i.e. for the claim that the free will thesis (F) is inconsistent not just with determinism but with the negation of determinism as well. Interestingly, both authors deny that these arguments are apt to justify the claim that (F) is false. I argue that van Inwagen and McGinn are right in taking the fact that epistemic commitment to (F) is deeply rooted in common (...) sense to cast doubt on arguments to the conclusion that (F) is false. However, instead of declaring free will to be a mystery (van Inwagen) or claiming that the problem of free will amounts to a problem whose correct solution is cognitively closed to human intellect (McGinn), I propose to simply view the problem of free will as a hard problem – its hardness being due to the fact that it involves a large variety of concepts whose correct explication is philosophically moot. (shrink)

The article argues that lesbian, gay, bisexual, and transgendered (LGBT) rights are a particular instantiation of human rights. But in order to make this argument several things must be done first. Preliminarily, it should be noted that some transgendered issues fall under the rubric "gay rights," even though strictly speaking, they center most prominently on gender and not sexual orientation. Still, there gender aspects are often ignored because of concerns related to sexual orientation, such as whether a transgendered female can (...) use a woman's washroom. Arguably, the reverse may also be true of gays, lesbians, and bisexuals, as many of society's concerns regarding this group involve their following gender roles, even though the discrimination against them is not usually seen as sex discrimination. Bearing that in mind, among the various responsibilities of this article is to define--in the broad sense--what gay and lesbian rights are. This is followed by a similar set of expressions defining what human rights are and an argument for how such rights get justified. Once that is done, the connection between gay and lesbian rights and human rights is pursued within the context of a theory of political morality that establishes the centrality of human rights to all moral concerns. (shrink)

Introduction Vv hich interpretation of Beethoven's First Symphony is the single right one: one that strictly adheres to the score or one that does not? ...

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

I shall develop and defend a view of the reparation (e.g., rights to compensation) and enforcement rights (i.e., rights to use force) that individuals have in response to rights-transgressions. The general nature of the account is intermediate to two well-developed alternatives. Pure responsibility accounts hold that reparation and enforcement rights hold only to the extent that the transgressor is culpable, or in some way responsible, for the transgression or resulting harm. Strict liability accounts hold that reparation and enforcement rights (...) hold merely in virtue of the transgression and independently of the agent’s culpability orresponsibility. I shall defend an account according to which: (1) in agreement with pure responsibility accounts, there are reparation rights against a transgressor only to the extent that the transgressor is responsible for transgression-harm (i.e., harm from a transgression), and (2) in agreement with strict liability accounts, there are enforcement rights even against innocent transgressors—although, in agreement with pure responsibility accounts, the extent of the enforcement rights depends in general on the extent to which the transgressor is responsible for the harm and for acting wrongfully. The central feature of the proposed account is that reparation and enforcement rights in a particular context are sensitive to the extent to which their implementation will reduce (in a way specified below) direct transgression-harm. (shrink)

This chapter uses the main principle to explain why economic rights should be regarded as human rights. Property rights, contract rights, and other economic rights are a solution to the productive investment CAP. Property and contract rights are not defined a priori, but should be defined in a way that they will, as a practice, do the best job of equitably promoting life prospects. The chapter uses the main principle to explain the moral appropriateness of the contours of property rights (...) to both tangible and intangible property; exceptions to contracts, including unconscionability, implied warranties, strict liability, mandatory disclosure, bankruptcy; the replacement of caveat emptor with caveat venditor in win-win contracts; market economies; negative income tax; voluntary consent to economic and other transactions; prohibitions on slavery contracts; minimum wage legislation. The chapter contrasts his account with fair starting-point theories of justice, including Ronald Dworkin’s theory. He also contrasts his account with Richard Posner’s account of the common law in terms of economic efficiency. (shrink)

This chapter compares a system of human rights guarantees of security with libertarian natural rights. Security rights are a solution to a collective action problem that would arise in a state of nature with libertarian natural rights, the internal security problem. To be endorsed by the main principle, a solution to that problem requires guarantees of procedural rights, which have no analog in natural rights. The chapter discusses various problems that have been thought to be fatal to consequentialism: the problem (...) of intentionally punishing the innocent, and the related problem of inadvertently punishing the innocent, which is a challenging one for nonconsequentialists; strict criminal liability; and organ harvesting. The discussion of inadvertently punishing the innocent leads to a consideration of the doctrine of double effect. The chapter concludes the chapter with a comparison of his account with Judith Thomson’s trade-off idea, illustrated by the trolley cases. (shrink)

I argue that the best way for journalists to enable their audience to determine the truth about international rights questions and to grant the parties’ claims a fair hearing is by adhering to strict impartiality—i.e., by producing coverage that does not reflect the journalist’s personal views on the rights question. I then argue that that the best way for journalists to provide strictly impartial coverage is by utilizing a legal trial, and more specifically an adversarial trial as a model (...) for impartial presentation. Unlike the traditional Just-the-Facts model, the adversarial model explicitly requires the journalist to challenge the narratives of the parties and to cover the relevant normative controversies. It solves the problem of partiality in content choice by asking the journalist to take up the perspective of a principled zealous advocate for both sides of the international rights question. (shrink)

The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does (...) not depend on the consent of others, it is qualified by strict limits on the amount of property that may be rightly acquired. The societal right to property lifts these limits but is justified only under the principle of universal consent. This principle, I argue, implies the Rawlsian difference principle; i.e., that the regulation and distribution of property must be such as would elicit the freely proffered consent of society’s least advantaged members. (shrink)

The main aim of the article is to show that axiological and anthropological dimensions of human rights in the globalized world do not fit together. Such tension – between universally understood human rights and territorially perceived citizens’ rights – is unavoidable. By making the term “human” strictly biological people are being perceived not as members of a particular community but as members of the species. In the political paradigm these collectivities are distinguished by political rules, in the biological paradigm they (...) are perceived as natural. In this situation, from political perspective the life of the others (non-citizens) in effect ceases to be treated as a human life or as a life associated with any ethical requirements, because the normative dimension that metaphysics, religion or politics give to the notion of being human has been excluded. Hence, human rights cannot be enforced with the same effectiveness as the laws enforced in the area of state jurisdiction. They constitute an ethical norm by which the international community judges a given procedure, rather than an enforceable legal norm. In order to justify my reasoning, I will refer to the two philosophically important categories - space and border – that play an important role in understanding the processes of globalization that affect the legitimation and enforcement of human rights. (shrink)

This chapter argues that the same logic that imbues the state with the legitimate authority to punish also imposes restraints on that authority. It suggests that scholarship on punishment puts more emphasis on the political legitimacy of state punishment rather than on the moral question of what is deserved by criminals. It turns to Rousseau's social contract based justification for punishment as a crucial resource in that effort. It begins by closely examining Rousseau's claim that the criminal consents to punishment, (...) and by suggesting that his seemingly absurd and perverse claims are actually defensible. It goes on to clarify two senses in which Rousseau's understanding of consent serves to ground the rights of the guilty. First, it argues that the idea of consent itself legitimizes some punishment but also sets strict limits on when and how the state can punish. Second, it argues that Rousseau's account of welfare rights also sets a limit on when the state may rightfully punish. The final two sections of the chapter consider the role of punishment outside the social contract in Rousseau's theory and suggest an important contrast between Rousseau's and Hobbes's conceptions of punishment. (shrink)

BackgroundIn response to COVID-19 pandemic, the Government of Uganda adopted public health measures to contain its spread in the country. Some of the initial measures included refusal to repatriate citizens studying in China, mandatory institutional quarantine, and social distancing. Despite being a public health emergency, the measures adopted deserve critical appraisal using an ethics and human rights approach. The goal of this paper is to formulate an ethics and human rights criteria for evaluating public health measures and use it to (...) reflect on the ethical propriety of those adopted by the government of Uganda to contain the spread of COVID-19.Main bodyWe begin by illustrating the value of ethics and human rights considerations for public health measures including during emergencies. We then summarize Uganda’s social and economic circumstances and some of the measures adopted to contain the spread of COVID-19. After reviewing some of the ethics and human rights considerations for public health, we reflect upon the ethical propriety of some of Uganda’s responses to COVID-19. We use content analysis to identify the measures adopted by the government of Uganda to contain the spread of COVID-19, the ethics and human rights considerations commonly recommended for public health responses and their importance. Our study found that some of the measures adopted violate ethics and human rights principles. We argue that even though some human rights can sometimes be legitimately derogated and limited to meet public health goals during public health emergencies, measures that infringe on human rights should satisfy certain ethics and human rights criteria. Some of these criteria include being effective, strictly necessary, proportionate to the magnitude of the threat, reasonable in the circumstances, equitable, and least restrictive. We reflect on Uganda’s initial measures to combat the spread of COVID-19 and argue that many of them fell short of these criteria, and potentially limit their effectiveness.ConclusionThe ethical legitimacy of public health measures is valuable in itself and for enhancing effectiveness of the measures. Such legitimacy depends on the extent to which they conform to ethics and human rights principles recommended for public health measures. (shrink)

The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to (...) others and (5) practical zero, a perspective I argue is entailed by Kant’s doctrine of strict right, which is his justification of coercing compliance with public law. Kant acknowledges 1–4 but not 5. The second part draws on Kant’s account of the burden of proof in criminal law to argue that Kant is wrong to adopt 3 in responding to criminals, and that we ought to adopt 5 instead. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bishop Berkeley Exorcises the Infinite: Fuzzy Consequences of Strict Finitism1 David M. Levy Introduction It all began simply enough when Molyneux asked the wonderful question whether a person born blind, now able to see, would recognize by sight what he knew by touch (Davis 1960). After George Berkeley elaborated an answer, that we learn to perceive by heuristics, the foundations ofcontemporarymathematics wereinruin. Contemporary mathematicians waved their hands and (...) changed the subject.2 Berkeley's answer received a much more positive response from economists. Adam Smith,in particular, seizedupon Berkeley's doctrine that welearn to perceive distance tobuild anelaborate system in which one learns to perceive one's self-interest.3 Perhaps because older histories of mathematics are a positive hindrance in helping us understand the importance of Berkeley's argument against infinitesimals,4 its consequences for economics have passed unnoticed. If infinitesimal numbers are ruled out, and we wish to maintain an algebra, then we rule out infinite numbers. This implication of Berkeley's argumenthas a dramatic implication for our understanding ofthe history ofideas about rule-directed action. Let me motivate this claim with a well-known historical problem. The social doctrine set forth by John Locke outside the Two Treatises depends critically upon individual belief about possible states of infinite pain or pleasure. The critical issue for the intolerance of atheism in Locke's system is his claim that without beUefin the infinite bliss of heaven forgone by a criminal, there is no reason to think a calculating individual will avoid crime.5 Locke's discussion is so different from the discussion of religion by David Hume and Smith. Here, questions of the substance of belief—the infinite worth of Heaven—have largely vanished.6 What happened between Locke and Hume-Smith? One answer is Pierre Bayle and Bernard Mandeville. Berkeley's doctrine that only the finite is perceived is, I think, a better answer. Out of sight, out ofmind. In this paper I propose to give a close look at the content and consequences ofBishop Berkeley's once famous Towards a New Theory ofVision. While there are other aspects ofBerkeley's work that attract Volume XVIII Number 2 511 DAVID M. LEVY attention from historians ofeconomics,7 1 shall claim that Berkeley's insight into human perception in the Theory of Vision is central to Adam Smith's attempt to found economic behaviour on the self-awareness of systematic illusion. There is no doubt that Smith finds that much ofhuman behaviour is characterized by illusion.8 The difficulty arises, or so it seems to me, from modern unwilUngness to beheve that illusion can be systematic. There are four pieces to my argument. First, we consider Berkeley's statementofwhat we shall call his doctrine ofstrict finitism in perception.9 Berkeley puts forward two postulates: 1) there exists some minimum perceptible quantity, and 2) distance is not perceived directly but by experience. Second, we define strict finitism and demonstrate that it translates into the claim that perception is fuzzy in a technical sense. If Berkeleian perception is fuzzy, then some modern criticism of Berkeley's strict finitism is based upon a simple misunderstandingofthe propertiesoffuzzyrelations. Thisis quite easy to set right. (Getting right the doctrine of those who implicitly take perception to be fuzzy—Adam Smith is my prime candidate—will be muchharder.)Third, wereconsiderBerkeley's dispute withMandeville on the role ofinfinite gain in choice. Here, we find Mandeville putting forward the Berkeleian position that if infinite amounts mattered, people would not behave as they do. Berkeley's position against Mandeville, however, seems to depend upon the supposition that infinite distance is sensible.10 Earlier, however, the position that Mandeville argued for was defended by Berkeley. Fourth, we ask why all this isn't well known. The debate between Berkeley and Mandeville has been well studied, as has been the link between Berkeley and the Scots. In fact, our work focuses on one aspect of Berkeley's work that led to his challenge of the contemporary foundations of the calculus. If sense is a matter of perception, and infinitesimals cannot be perceived, then they are quite literally nonsense. Armed with this insight, Berkeley refuted contemporary mathematics. Nevertheless, the calculus was too... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bishop Berkeley Exorcises the Infinite: Fuzzy Consequences of Strict Finitism1 David M. Levy Introduction It all began simply enough when Molyneux asked the wonderful question whether a person born blind, now able to see, would recognize by sight what he knew by touch (Davis 1960). After George Berkeley elaborated an answer, that we learn to perceive by heuristics, the foundations ofcontemporarymathematics wereinruin. Contemporary mathematicians waved their hands and (...) changed the subject.2 Berkeley's answer received a much more positive response from economists. Adam Smith,in particular, seizedupon Berkeley's doctrine that welearn to perceive distance tobuild anelaborate system in which one learns to perceive one's self-interest.3 Perhaps because older histories of mathematics are a positive hindrance in helping us understand the importance of Berkeley's argument against infinitesimals,4 its consequences for economics have passed unnoticed. If infinitesimal numbers are ruled out, and we wish to maintain an algebra, then we rule out infinite numbers. This implication of Berkeley's argumenthas a dramatic implication for our understanding ofthe history ofideas about rule-directed action. Let me motivate this claim with a well-known historical problem. The social doctrine set forth by John Locke outside the Two Treatises depends critically upon individual belief about possible states of infinite pain or pleasure. The critical issue for the intolerance of atheism in Locke's system is his claim that without beUefin the infinite bliss of heaven forgone by a criminal, there is no reason to think a calculating individual will avoid crime.5 Locke's discussion is so different from the discussion of religion by David Hume and Smith. Here, questions of the substance of belief—the infinite worth of Heaven—have largely vanished.6 What happened between Locke and Hume-Smith? One answer is Pierre Bayle and Bernard Mandeville. Berkeley's doctrine that only the finite is perceived is, I think, a better answer. Out of sight, out ofmind. In this paper I propose to give a close look at the content and consequences ofBishop Berkeley's once famous Towards a New Theory ofVision. While there are other aspects ofBerkeley's work that attract Volume XVIII Number 2 511 DAVID M. LEVY attention from historians ofeconomics,7 1 shall claim that Berkeley's insight into human perception in the Theory of Vision is central to Adam Smith's attempt to found economic behaviour on the self-awareness of systematic illusion. There is no doubt that Smith finds that much ofhuman behaviour is characterized by illusion.8 The difficulty arises, or so it seems to me, from modern unwilUngness to beheve that illusion can be systematic. There are four pieces to my argument. First, we consider Berkeley's statementofwhat we shall call his doctrine ofstrict finitism in perception.9 Berkeley puts forward two postulates: 1) there exists some minimum perceptible quantity, and 2) distance is not perceived directly but by experience. Second, we define strict finitism and demonstrate that it translates into the claim that perception is fuzzy in a technical sense. If Berkeleian perception is fuzzy, then some modern criticism of Berkeley's strict finitism is based upon a simple misunderstandingofthe propertiesoffuzzyrelations. Thisis quite easy to set right. (Getting right the doctrine of those who implicitly take perception to be fuzzy—Adam Smith is my prime candidate—will be muchharder.)Third, wereconsiderBerkeley's dispute withMandeville on the role ofinfinite gain in choice. Here, we find Mandeville putting forward the Berkeleian position that if infinite amounts mattered, people would not behave as they do. Berkeley's position against Mandeville, however, seems to depend upon the supposition that infinite distance is sensible.10 Earlier, however, the position that Mandeville argued for was defended by Berkeley. Fourth, we ask why all this isn't well known. The debate between Berkeley and Mandeville has been well studied, as has been the link between Berkeley and the Scots. In fact, our work focuses on one aspect of Berkeley's work that led to his challenge of the contemporary foundations of the calculus. If sense is a matter of perception, and infinitesimals cannot be perceived, then they are quite literally nonsense. Armed with this insight, Berkeley refuted contemporary mathematics. Nevertheless, the calculus was too... (shrink)

This article investigates a puzzle about gratitude—the proper response, in a beneficiary, to an act of benevolence from a benefactor. The puzzle arises from three platitudes about gratitude: 1) the beneficiary has certain obligations of gratitude; 2) these obligations are owed to the benefactor; and 3) the benefactor has no right to the fulfillment of these obligations. These platitudes suggest that gratitude is a counterexample to the “correlativity thesis” in the moral domain: the claim that strict moral obligations (...) correlate to moral rights on the part of the person to whom the obligation is owed. The goal of this chapter is to determine whether the three gratitude platitudes are true, and, if they are, what they tell us about the correlativity thesis. Sections 1 through 3 argue for the truth of each of the platitudes. It is then argued that while benefactors lack standing to demand, they do possess an imperfect right to gratitude: a special and morally significant standing to remonstrate with ungrateful beneficiaries. These facts suggest the following modification of the standard correlativity thesis: moral obligations entail moral rights on the part of the person to whom they are owed, which may be perfect (demandable) or imperfect. (shrink)

These lectures constitute the earliest version of Hegel's Philosophy of Right, one of the most influential works in Western political theory. They introduce a notion of civil society that has proven of inestimable importance to diverse philosophical and social agendas. This transcription of the lectures, which remained in obscurity until 1982, presents the philosopher's social thought with clarity and boldness. It differs in some significant respects from Hegel's own published version of 1821. Nowhere does Hegel make plainer the difference (...) between his concept of objective spirit and traditional concepts of natural law or offer a more prominent treatment of the key notion of recognition. His description of poverty is more forceful and his critique of existing social conditions more thorough than in the published edition, which had to satisfy the Prussian censor. The strictly limited powers of the monarch are more clearly delineated in the Heidelberg lectures, and the arguments for a bicameral legislature are more explicit. Hegel formulates in a more dynamic way his understanding of the relationship between rationality and actuality--the rational is not what exists but what is coming into being--and sets forth more simply and clearly the central themes of his political philosophy--freedom, justice, and community. The Heidelberg lectures are an indispensable resource for understanding the edition of 1821 and an invaluable supplement to one of the great classics of political philosophy. (shrink)

The article is a continuation of a series of works devoted to the methodological substantiation of the subject of philosophical anthropology. Using the example of specific searches for building the proper anthropological discourse, an attempt is made to analyze how different authors tried to build anthropology as a rigorous science. This makes it possible to analyze the problems associated with the methodology of science in its classical and non-classical versions. In this article, this work is done on the material of (...) E. Cassirer's searches, on building a connection between his classic work "Philosophy of Symbolic Forms" and his later work "Experience about Man", devoted to the anthropology as such. It is shown that Cassirer tried to overcome the substratum, naturalistic approach that dominated the essential paradigm in defining a person, by searching and describing the basic functional principle that singles out a person as a being. This is what Cassirer considers the principle of generating symbolic forms from which the entire space of culture is built. It is this that acts as the basic activity of a person, making him who he is and building his connection with culture. The symbolic form and the actual practice of form generation act as an intermediary between man and culture. This gives E. Cassirer the right to define man as a symbolic animal. The article also shows the difference between the classical discourse, which E. Cassirer continued to adhere to, and the non-classical one, which was proposed by M. Heidegger. This was shown in the famous discussion at Davos between two philosophers. (shrink)

It is often argued that in order to prevent migration from having social dumping effects, a strict enforcement of equal labour and welfare rights for both migrants and local workers is required. However, we claim that the specific circumstances of those migrants who engage in temporary migration may require a regime of special rights and labour standards that protect and further their distinctive interests and needs. We defend this claim by appealing to the principle that labour and welfare rights (...) should accommodate the life plans of workers and we show that not only these special arrangements are fairer to the migrants involved, but they could also help to prevent social dumping. (shrink)

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (shrink)

Arthur Ripstein’s article draws on more resources than I can deploy in this response to it. I will restate what I take to be the central claims of the article, then present a reply. Ripstein does not strictly argue for his view of proportionality in defensive force. Instead he paints a picture of a moral system that one might adopt, and indicates the role of the proportionality constraint therein. So after outlining how I understand that picture, I will draw an (...) alternative one. I’ll then suggest that my alternative has a few virtues that Ripstein’s lacks. I should emphasise that mine will be a lightweight reconstruction of Ripstein’s view, without much of the Kantian architecture. Perhaps that architecture is fundamental to its plausibility, as part of a broader worldview. Nonetheless, I cannot address the totality of a Kantian system in a short commentary, so I’ll concentrate on the elements most pertinent to the problem at hand. (shrink)