This article defends a pure functionalist theory of territorial jurisdiction according to which a state’s moral right to rule over a territory rests on its present moral performance as a freedom‐enabling institutional structure. A common objection against functionalist theories is that they cannot explain why it matters that one particular state has exclusive jurisdiction over a certain territory. This deficiency is often associated with the annexation challenge, which is supposed to show that functionalist theories cannot deal adequately with cases of (...) annexation. Against this line of criticism, I argue that the pure functionalist justification of the right to rule is capable of tackling challenges related to particularity and annexation. First, the pure functionalist theory explains why it is important that one particular state rules over a given territory. It also tells us what set of laws and what government we should comply with. Second, the pure functionalist justification of the right to rule entails sufficient conceptual resources to account for the wrongdoing involved in annexation. Although the theory deems past wrongs irrelevant for the justification of the right to exercise jurisdiction on a territory, it is adequately sensitive to historical injustice. (shrink)

This article presents a defense of Kant’s idea of a league of states. Kant’s proposal that rightful or just international relations can be achieved within the framework of such a league is often criticized for being at odds with his overall theory. In view of the analogy he draws between an interpersonal and an international state of nature, it is often argued that he should have opted for the idea of a state of states. Agreeing with this standard criticism that (...) a league of states cannot establish the institutional framework for international justice, others also suggest an alternative stage model interpretation. According to this interpretation, Kant’s true ideal is in fact a state of states, whereas the league is merely introduced as a temporary and second best solution. In contrast to both the standard criticism and the stage model interpretation, I argue that fundamental normative concerns count in favour of a league rather than a state of states. I also argue that Kant’s defense of such a league is consistent with his position on the institutional preconditions for just interaction in the domestic case because of crucial relevant differences between the state of nature among individuals and the external relations between states. (shrink)

This article takes issue with the common view that cosmopolitan normative commitments are incompatible with recognition of state sovereignty as a basic principle of international law. Against influential cosmopolitans, who at best ascribe a derivative significance to the sovereignty of states, the article argues that state sovereignty is not only compatible with, but also essential to the recognition of individuals as units of ultimate concern. The argument challenges a problematic distributive conception of justice underlying many cosmopolitans’ support for reforms of (...) the international legal order towards a system where respect for basic human rights is the only criterion for political legitimacy. An alternative relational conception of justice makes it possible to see why there is an internal connection between the rights of individuals and the rights of states. The argument adds up to a novel defence of the so-called domestic analogy, which regards the territorial integrity of states as an internationa... (shrink)

The purpose of this article is to present a critical assessment of Jürgen Habermas' reformulation of Kant's philosophical project Toward Perpetual Peace. Special attention is paid to how well Habermas' proposed multi-level institutional model fares in comparison with Kant's proposal—a league of states. I argue that Habermas' critique of the league fails in important respects, and that his proposal faces at least two problems. The first is that it implies a problematic asymmetry between powerful and less powerful states. The second (...) is that it entails creating a global police force that has an obligation to intervene against egregious human rights violations worldwide, and that this seems incompatible with the idea that every person has an innate right to freedom. There are important normative constraints relevant for institutional design in the international domain that Habermas does not take sufficiently into account. However, this does not mean that Kant's league cannot be supplemented with more comprehensive forms of institutional cooperation between states. On the basis of my assessment of the multi-level model, I propose a hybrid model combining elements from Kant and Habermas. (shrink)

Taking Kant’s philosophy of right as my starting point, I defend the view that just exercise of political power requires economic redistribution. Against the common view that Kant’s political thinking has no economic implications, I argue that republican interpretations of his philosophy of right succeed in reconstructing a cogent argument in favor of public poverty relief. I also argue that the economic implications of Kant’s theory extend beyond public support of the poor. As freedom-enabling institutional structures, states are obliged to (...) remove hindrances to democratic self-legislation. It is reasonable to consider economic inequality as such a hindrance, and so public provisions for the poor is not enough. In order to exercise political power in a just way, public authorities must also take measures to reduce the gap between the richest and the poorest. (shrink)

It is common to interpret Kant’s idea of public reason and the Enlightenment motto to ‘think for oneself’ as incompatible with the view that testimony and judgement of credibility is essential to rational public deliberation. Such interpretations have led to criticism of contemporary Kantian approaches to deliberative democracy for being intellectualistic, and for not considering our epistemic dependence on other people adequately. In this article, I argue that such criticism is insufficiently substantiated, and that Kant’s idea of public reason is (...) neither at odds with deference to a certain kind of authority, nor with making judgements of character in rational deliberation. This view is corroborated by recent work on Kant’s epistemology of testimony. (shrink)

The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. In asserting (...) this view, we will look closer at the Kantian influence in Habermas' legal construct at the international level, and show why this institutional approach is to be sharply distinguished from and preferred to any exclusively non-institutional approach to international justice. (shrink)

In this paper, I take issue with Arthur Isak Applbaum’s power-liability view of political legitimacy. In contrast to the traditional view that legitimate rule entails a moral duty to obey, here called the right-duty view, Applbaum argues that political legitimacy is a moral power that entails moral liability for the subjects of political rule. According to Applbaum, the power-liability view helps us explain how responsible citizens in some cases can act contrary to law while still recognizing the claims of law. (...) Against Applbaum’s attempt at establishing the power-liability view through conceptual analysis, I argue that we cannot specify the moral implications of de jure legitimacy without considering the moral argument that justifies the right to rule. I further argue that Applbaum’s normative account of political legitimacy implies commitment to a normative idea that forms the basis of a strong case in favor of the right-duty view. Finally, I argue that the present defense of the right-duty view has resources to account for the moral phenomena that prompt Applbaum’s advocacy of the power-liability view. (shrink)

Body feedback is the proprioceptive feedback that denominates the afferent information from position and movement of the body to the central nervous system. It is crucial in experiencing emotions, in forming attitudes and in regulating emotions and behavior. This paper investigates effects of dynamic body feedback on affect and attitudes, focusing on the impact of movement rhythms with smooth vs. sharp reversals as one basic category of movement qualities. It relates those qualities to already explored effects of approach vs. avoidance (...) motor behavior as one basic category of movement shape. Studies 1 and 2 tested the effects of one of two basic movement qualities (smooth vs. sharp rhythms) on affect and cognition. The third study tested those movement qualities in combination with movement shape (approach vs. avoidance motor behavior) and the effects of those combinations on affect and attitudes toward initially valence-free stimuli. Results suggest that movement rhythms influence affect (studies 1 and 2), and attitudes (study 3), and moderate the impact of approach and avoidance motor behavior on attitudes (study 3). Extending static body feedback research with a dynamic account, findings indicate that movement qualities – next to movement shape – play an important role, when movement of the lived body is an independent variable. (shrink)

In the debate on peace ethics in Germany, it is constantly argued that the ‘doctrine of just war’ must be replaced by a ‘doctrine of just peace’. The criteriology of just war can at best be preserved within a doctrine of just peace. However, it is often overlooked that—although the word ‘peace’ may sound nicer than ‘war’—a doctrine of just peace is also fraught with great difficulties in terms of content. The concept of peace can be interpreted in different ways; (...) the concept of justice must even be differentiated if it is to have meaning at all. Ultimately, the two concepts point to a different understanding of tradition and historicity: while the doctrine of just war takes its criteria from the tradition, the idea of just peace attempts to draw conclusions for the present from drafts or blueprints of the future. However, since the drafts can turn out differently, new conflicts will arise precisely for this reason. Talk of ‘just peace’ might be more pleasing to the public, but does not necessarily have to be more restrictive in terms of violence. (shrink)

Linguistic interventions aim to change our linguistic practices. A commonly discussed type of linguistic intervention is meaning revision, which seeks to associate existing words with new or revised meanings. But why does retaining old words matter so much? Why not instead introduce new words to express the newly defined meanings? Drawing on relevant psycholinguistic research, this paper develops an empirically motivated, general, and practically useful pro tanto reason to retain rather than replace the original word during the process of conceptual (...) improvement. (shrink)

What exactly do we need to do in order to make a promise, or to exercise some other normative power? On a view relied on by many philosophers writing on promising, consent, and related phenomena, the answer is that we must communicate a suitable kind of intention. On this view, power-conferring principles assert that specific normative consequences, determined in part by the content of the communicated intention, attach to such communicative acts, and these principles need not be socially practised or (...) accepted to be true. The paper offers a defense of this convention-independent view against the forceful challenge developed by Jed Lewinsohn in ‘The “Natural Unintelligibility” of Normative Powers’. Lewinsohn appeals to action-theoretic considerations to show that the relevant type of communicative act could not be performed under conditions of rationality and full information, and that therefore promissory power and other normative powers require the existence of social rules conferring such powers. The defense of the view targeted by Lewinsohn turns partly on the exact content of plausible constraints on the intelligibility of actions done with a particular aim, and partly on the question just how the social acceptance of power-conferring rules should be thought to matter. (shrink)

There has been no informed or honest debate in North America over the issue of liberalized euthanasia. Despite thousands of newspaper stories, scores of learned academic articles, a handful of closely analyzed legal decisions, and hours of broadcast news and talk show imagery, a full discussion is yet to begin.

The world of disability theory is currently divided between those who insist it reflects a physical fact affecting life quality and those who believe disability is defined by social prejudice. Despite a dialogue spanning bioethical, medical and social scientific literatures the differences between opposing views remains persistent. The result is similar to a figure-ground paradox in which one can see only part of a picture at any moment. This paper attempts to find areas of commonality between the opposing camps, and (...) thus to rearrange the figures of the paradox at a fundamental level. The purpose is first to identify areas in which common ground can be achieved, and secondarily, to clarify the areas in which disagreement continues. While a general and unified theory of physical difference/disability is beyond the scope of this paper the result may advance that general goal. (shrink)

Résumé Les affinités paradoxales que la recherche a pu pointer entre la « secte » philosophique épicurienne et la secte chrétienne dans les premiers siècles de notre ère sont rappelées puis examinées dans le détail du premier document attestant une rencontre précise entre les deux sectes, le récit des Actes des Apôtres qui montre Paul discutant avec les Épicuriens et les Stoïciens d’Athènes, puis nous restitue le discours de Paul devant l’Aréopage d’Athènes. Il apparaît que Paul se pose en philosophe (...) pour exposer sa doctrine en des termes jusqu’à un certain point compatibles avec une doctrine matérialiste voire polythéiste. (shrink)

It seems natural to think that Carnapian explication and experimental philosophy can go hand in hand. But what exactly explicators can gain from the data provided by experimental philosophers remains controversial. According to an influential proposal by Shepherd and Justus, explicators should use experimental data in the process of ‘explication preparation’. Against this proposal, Mark Pinder has recently suggested that experimental data can directly assist an explicator’s search for fruitful replacements of the explicandum. In developing his argument, he also proposes (...) a novel aspect of what makes a concept fruitful, namely, that it is taken up by the relevant community. In this paper, I defend explication preparation against Pinder’s objections and argue that his uptake proposal conflates theoretical and practical success conditions of explications. Furthermore, I argue that Pinder’s suggested experimental procedure needs substantial revision. I end by distinguishing two kinds of explication projects, and showing how experimental philosophy can contribute to each of them. (shrink)

In this paper, we first briefly survey the main responses to the challenge that experimental philosophy poses to the method of cases, given the common assumption that the latter is crucially based on intuitive judgments about cases. Second, we discuss two of the most popular responses in more detail: the expertise defense and the mischaracterization objection. Our take on the expertise defense is that the available empirical data do not support the claim that professional philosophers enjoy relevant expertise in their (...) intuitive judgments about cases. In contrast, the mischaracterization objection seems considerably more promising than its largely negative reception has suggested. We argue that the burden of proof is thus on philosophers who still hold that the method of cases crucially relies on intuitive judgments about cases. Finally, we discuss whether conceptual engineering provides an alternative to the method of cases in light of the challenge from experimental philosophy. We argue that this is not clearly the case, because conceptual engineering also requires descriptive information about the concepts it aims to improve. However, its primarily normative perspective on our concepts makes it largely orthogonal to the challenge from experimental philosophy, and it can also benefit from the empirical methods of the latter. (shrink)

To those defining euthanasia as a battle for the principle of self-determination, persons seeking physician assisted death (PAD) are soldiers in the fight for patient autonomy. The reasons they seek it, or the potential of other, non-life-threatening interventions is less important than this principle: individuals have the right not only to choose death (suicide), but to be assisted in dying. They should not be second guessed or denied on the basis of another's distaste for that decision. This paper offers a (...) general review of deaths attributed to Dr. Jack Kevorkian's PAD practice in an attempt to answer two questions: Why do persons seek physician assisted death, and, to what extent does induced death seem, in retrospect, a reasonable and perhaps necessary medical response to specific patient complaints? (shrink)

The acceptance of military directives violating medical ethics and international covenants encouraged by the demonisation of the enemy by the US president in 2002 has effectively removed the right of medical personnel to refuse participation in internationally proscribed actionsMedicine and its traditional ethic of care is today a victim of the current conflict in Iraq and Afghanistan, its uniquely humanising mission rejected by US President George W Bush and his advisors. In denying the applicability of international agreements guaranteeing medicine’s ecumenical (...) role in this conflict they have transformed medicine into just another weapon of tactical significance. The result, predictable in retrospect, has been to make military physicians and nurses complicit—actively or passively—in what Litton calls an “atrocity-producing situation”, resulting in detainee or prisoner abuse.1From the first revelations of detainee torture in US detention camps to recent allegations of continued abuse , the focus of international attention has shifted from the US prosecution of low ranking, non-commissioned military personnel to the context in which the atrocities they committed occurred. “No one up the chain of command has ever been held accountable for what is in these horrifying images,” Center for Constitutional Rights Director Bill Goodman said of recently published photographs of 2004 prisoner torture and abuse.2 “The situation in several areas violates international law and conventions on human rights and torture,” said the UN Special Rapporteur on Torture following a 2006 investigation.3The denial of international law and convention involved the overt disavowal of covenants and conventions that for almost 150 years required medical personnel in the US military to act within the guidelines of a Hippocratic vision of medicine. To understand how fundamental this change has been requires a brief review of the history of medicine’s previously protected status and then a description of …. (shrink)

A question between John Harris and I is the degree to which lessons may be learned, and insights gained, from a life distinguished by physical differences. He argues it as the “aborting Beethoven fallacy”, I insist on the evidence that what we learn from physical differences may be critical and life enhancing.

The dissertation examines the strategy of critical legitimation operative in contemporary social and political theory. Its primary thesis is that the historical emergence of critical discourse must be understood within the context of two events of the late eighteenth and early nineteenth centuries: the philosophical encounter with the rise of modern natural science, and the formation of a bourgeois intellectual elite and its essentially moral opposition to the absolutist state. These events produce a strategy of critical legitimation that combines the (...) vocabularies of mathematical objectivity and juridical normativity. ;This thesis is defended through a reading of several texts of Kant and Hegel, wherein two modes of the strategy are discerned. In Kant there is found the strategy of expropriation, or the iterative acquisition of the object of discourse, whilst in Hegel one finds a strategy of appropriation or systematic acquisition. Both modes serve to constitute the various forms of critical discourse in their specific theorization of the objects and themes of social and political inquiry. (shrink)

The critical role of surrogates—commonly if erroneously called “Informal caregivers”—has been generally ignored by clinical and bioethical literatures. While assumed to provide no more than ancillary support, these patient representatives directly or indirectly affect patient care to the extent they inhibit or facilitate both home-based care and patient decisions regarding treatment alternatives. Members of this group include relatives and neighbors who may or may not act in consort as advisors, assistants, care providers, and surrogate decisionmakers acting on the patient's behalf (...) with members of the medical community. Not only do they often possess a critical voice strongly influencing both patient care decisions and, after discharge, home care and rehabilitation, this paper argues they do so from a perspective that is often radically different from one endorsed by medical professionals. (shrink)

Although space limitations do not permit including all the responses received after the passing of David Thomasma, some representative expressions are included below. As these remembrances attest, Edmund Pellegrino spoke for all of us when he said at David's memorial service, “It has been said that we die only when forgotten; if so, David will live a long time. He remains a presence for his family, friends, collaborators, and all who met him.”.

In a special issue of this journal, a range of authors addressed the critical problem of difference in bioethics. To what extent do class, culture, ethnicity, and race affect the ethical decisions that patients and professionals must make in a medical context? Those arguing for an understanding of cultural influences in bioethical decisionmakingtypically argue from the perspective of individual case studies to demonstrate the importance of these social constructs. Others, like Erika Blacksher, however, worry that this approach will obscure the (...) uniqueness of individual decisionmakng patterns, allowing all persons of a single group to be aggregated as if their class, cultural construct, or religious affiliation were the single motive element in their medicolegal decisionmaking. There is, she cautions, a risk of misuse if a professional care provider reflexively assumes individual patient or surrogate reactions on the basis of ethnicity or culture. (shrink)

A recent issue of CambridgeQuarterlyofHealthcareEthics provides a fascinating look into the uncertainties surrounding the subject of human cloning. As Nelkin and Lindee point out, for example, the popular assumption is that this technology will lead to individual immortality. life everlasting for the deserving.considers the use of cloning for the replication of human individuals to be ethically unacceptable.”.

A personable teenager with Down's syndrome became a Canadian cause célèbre a few months ago when University Hospital in Edmonton, Alberta, denied him a position on the organ transplantation waiting list. Terry Urquart lacked “reasonable” intelligence, hospital officials said, a criterion for all transplant candidates at that hospital. Protests by the boy's family, and by groups active in the cause of those with developmental disabilities, became well-photographed stories on the nightly television news and in the nation's newspapers. It did not (...) hurt the Urquart cause one bit that the 17-year-old teenager had won a gold medal in skiing at the International Special Olympics. (shrink)

Illusions that produce perceptual suppression despite constant retinal input are used to manipulate visual consciousness. Here we report on a powerful variant of existing techniques, Continuous Flash Suppression. Distinct images flashed successively around 10 Hz into one eye reliably suppress an image presented to the other eye. Compared to binocular rivalry, the duration of perceptual suppression increased more than 10-fold. Using this tool we show that the strength of the negative afterimage of an adaptor was reduced by half when it (...) was perceptually suppressed by input from the other eye. The more likely the adaptor was completely suppressed, the larger the reduction of the afterimage intensity. Paradoxically, trial-to-trial visibility of the adaptor did not correlate with the degree of suppression. Our results imply that formation of afterimages involves neuronal structures that access input from both eyes, but that do not correspond directly to the neuronal correlates of perceptual awareness. (shrink)

This essay reviews a range of issues arising from the complex case of Terri Schiavo and the lessons the case raises for bioethicists. It argues that embedded in the case is a broader controversy than is immediately evident, one involving the definitions by which bioethics judge cases of extreme physical and psychological limits, in its principled form of address. Further, it argues that bioethicists who assume the issues involved in the case are settled miss the point of the emotional responses (...) it has brought forth. (shrink)

Forthcoming guide with brief introductions on methods in analytic philosophy by experts on the relevant topics. With sections on: formal methods, argumentation, inferential methods, thought experiments, intuition, ordinary language philosophy, conceptual analysis, conceptual engineering, naturalism, analytic feminism, experimental philosophy, and progress and disagreement in philosophy.

In so far as the Tao Te Ching and the Chuang Tzu are life-philosophies, they are philosophies of solitude. My aim in the following pages is to explain and defend this claim, clarifying the distinctive kind of solitude that is taught by Lao Tzu and Chuang Tzu.