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)

A philosopher argues that state-sponsored cyberattacks against central military or civilian targets are always acts of war. What is this philosopher doing? According to conceptual analysts, the philosopher is making a claim about our concept of war. According to philosophical realists, the philosopher is making a claim about war per se. In a quickly developing literature, a third option is being explored: the philosopher is engineering the concept of war. On this view, the philosopher is making a proposal about which (...) concept we should have – even if it deviates from the extant concept, and even if it does not capture ‘what war really is’. The activity or method of proposing such revisionary definitions, as well as the metaphilosophical reflection on it, has become known as conceptual engineering. (shrink)

Conceptual engineers aim to revise rather than describe our concepts. But what are concepts? And how does one engineer them? Answering these questions is of central importance for implementing and theorizing about conceptual engineering. This paper discusses and criticizes two influential views of this issue: semanticism, according to which conceptual engineers aim to change linguistic meanings, and psychologism, according to which conceptual engineers aim to change psychological structures. I argue that neither of these accounts can give us the full story. (...) Instead, I propose and defend the Dual Content View of Conceptual Engineering. On this view, conceptual engineering targets concepts, where concepts are understood as having two kinds of contents: referential content and cognitive content. I show that this view is independently plausible and that it gives us a comprehensive account of conceptual engineering that helps to make progress on some of the most difficult problems surrounding conceptual engineering. (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)

Carl Henrik Koch har i denne bog samlet en række af sine artikler om fremtrædende danske filosoffer. Med start ved Holberg i 1700-tallet arbejder Koch sig op gennem den danske filosofihistorie og strejfer blandt andre Eilchov, Sibbern, A.P. Adler, Brøchner og naturligvis mastodonterne Søren Kierkegaard og Georg Brandes. Bogen giver en hurtig, men spændende indførsel i en vigtig del af den danske kulturhistorie, som gennem de sidste 250 år har haft stor indflydelse både herhjemme og i udlandet.

This paper discusses the logical space of alternative conceptual engineering projects, with a specific focus on (1) the processes, (2) the targets and goals, and (3) the methods of such projects. We present an overview of how these three aspects interact in the contemporary literature and discuss those alternative projects that have yet to be explored based on our suggested typology. We show how choices about each element in a conceptual engineering project constrain the possibilities for the others, thereby giving (...) rise to distinct groupings of possible projects under the banner of conceptual engineering. We conclude with a critical reflection on the potential ethical issues that arise as a result of effectively putting conceptual engineering into practice. (shrink)

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)

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.

People judge positive information to be more alike than negative information. This good-bad asymmetry in similarity was argued to constitute a true property of the information ecology (Alves, H., Koch, A., & Unkelbach, C. (2017). Why good is more alike than bad: Processing implications. Trends in Cognitive Sciences, 21, 69–79). Alternatively, the asymmetry may constitute a processing outcome itself, namely an influence of phasic affect on information processing. Because no research has yet tested whether phasic affect influences perceived similarity (...) among stimuli, we conducted 5 Experiments that also tested whether phasic affect can account for the higher judged similarity among positive compared to negative stimuli. In three experiments, we affectively charged pictures of different Pokemon by pairing them with monetary gains and losses (Exp. 1a, 1b) as well as positive and negative trait words (Exp. 2); yet, the evaluative charge did not differentially influence perceived similarity among the Pokemon. Experiment 3 replicated the basic similarity asymmetry among positive and negative words, and found that it was unaffected by externally induced phasic affect. Experiment 4 showed that phasic affect had no influence on perceived similarity of non-evaluative words either. We conclude that albeit a weak influence of phasic affect on perceived similarity of stimuli cannot be ruled out entirely, it can most likely not account for the typically medium to large sized asymmetry in similarity among positive and negative stimuli. (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)

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.

Morain and colleagues (2019) advocate rethinking the rather dogmatic guidance from both regulatory authorities and professional associations cautioning physician-investigators against obtaining inf...

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.

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)

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)

Healthcare Providers advising patient surrogates on the appropriateness of continued care for comatose patients have often been sharply criticized for coercive behavior toward patient surrogates; with failing to provide them with adequate information; and for a general failure to adequately cinsider the cimplex needs and hopes of patients, their surrogates, and caregivers. Because decisions on the continuation or withdrawal of care often need the legal approval of surrogates the failure of both medical personnel and patient families to understand each other's (...) priorities may lead to ethical and interpersonal conflict. (shrink)